CALD Leaders Condemn the Use of Lawfare

When the protector becomes the predator, where will you run?

These were the words of La Sallian Brother Armin Luistro as he opened the International Forum on Lawfare: Weaponizing the Law Vs. Democratic Dissent last 21 February 2020 in De La Salle University, Manila, Philippines.

The forum gathered parliamentarians, political leaders, lawyers, academicians, human rights activists, and media practitioners to discuss the phenomenon of “lawfare” and share their experiences on how the law can be weaponized against oppositionists and dissidents. CALD Women’s Caucus Chairperson, Jayanthi Devi Balaguru, and Cambodia National Rescue Party Vice President, Mu Sochua, were among the invited international speakers.

Mu Sochua, who is currently in exile, narrated her own personal story and the struggles of her party members and those living with lawfare in Cambodia. “When a prime minister is in leadership for 35 years, you can imagine what kind of dictator it can be… We can be in exile. But what about our people inside the country who continue to live in fear? We’re talking about indigenous peoples. We’re talking about education, about justice. We are talking about the welfare, the health of our children, our women. We are talking about Cambodia.” She then praises Senator Leila De Lima for her bravery and determination: “It was not a voice of a defeated person, it was not a voice of a criminal, it was a true voice of a defender.”

Senator Leila De Lima, who has been detained for three years on fabricated drug-related charges, is an example of how a government weaponizes the law to silence dissent.

“What is more alarming is even relatively advanced democracies, such as the Philippines, as seen most prominently in the case of Senator Leila de Lima, are also drawn to the use of lawfare. At a time when we are seeing a global decline of democracy and corresponding rise of authoritarianism, illiberalism and populism, lawfare has become the “new normal”,” expressed Jayanthi Devi Balaguru in her talk on the law as a political weapon in Singapore, China and Saudi Arabia. She also mentioned key persons from the opposition party in Singapore which belongs to the CALD network, the Singapore Democratic Party, who have been routinely subjected into repressive laws.

Balaguru and Mu were also among the political leaders who participated in the press briefing for Senator De Lima, which then led to the drafting of a joint statement on Lawfare.

Simultaneous breakout sessions were also held which focused on lawfare and its relations to the law practice, media, religion and economic, social and cultural right, civil and political rights, and the political opposition, with the last one being moderated by CALD Executive Director, Celito Arlegue.

Although unable to attend, Joshua Wong and Emily Lau from Hong Kong were able to give their solidarity messages to Senator Leila De Lima while sharing their own experiences on Lawfare. “Even if I can’t come to join the international forum, I still hope more activists, scholars, think tank leaders, or people in NGOs will have collaboration and interaction to strengthen Asian civil society development. When our governments do not respect the voice of the people, we must stand as one with solidarity, courage and determination” said Hong Kong student activist Wong. He also emphasized that people all over the world deserve democracy and freedom, and that they should not be taken for granted.

CALD Individual Member Lau paid tribute to Senator Leila De Lima and urged the Filipino people to stand up and ensure that their system will not be used by evil politicians against them. “The senator’s courage and bravery are respected and admired not only by people in the Philippines, but by people in the international community. Her courage is an inspiration to us. I would like to work with the people of the Philippines and members of the international community to ensure an early release for the senator. And of course, that you, people of the Philippines, must work hard to ensure that you really have the rule of law and that the authorities will not use lawfare as a weapon against you and your children.”

The international forum served as a platform to fight and denounce the use of lawfare. For her closing message, Senator Leila De Lima said, “As a long-standing defender of the Rule of Law, I value this gathering as being one decisive step towards fighting this pandemic. By the very act of uncovering its face, and giving a label to it, we have made it “silent” no more.”