WHEREAS,
the International Convention on the Elimination of All Forms of Racial
Discrimination which was adopted by the General Assembly of the United
Nations on December 21, 1965, entered into force on January 4, 1969;chanroblesvirtualawlibrary
WHEREAS, the Senate of the Philippines concurred in the ratification of
the Convention on May 18, 1967;chanroblesvirtualawlibrary
WHEREAS, the instrument of ratification of the Convention by the
President was deposited with the Secretary-General of the United
Nations on September 15, 1967;chanroblesvirtualawlibrary
WHEREAS, the Convention is now part of the law of the land; and
WHEREAS, the Convention provides in its Article 4, that State Parties,
inter alia.
"(a) Shall declare an offense punishable by law all
dissemination of ideas based on racial superiority or hatred,
incitement to racial discrimination, as well as all acts of violence or
incitement to such acts against any race or group of persons of another
color or ethnic origin, and also the provision of any assistance to
racist activities, including the financing thereof;chanroblesvirtualawlibrary
"(b) Shall declare illegal and prohibit
organizations, and also organized and all other propaganda activities,
which promote and incite racial discrimination, and shall recognize the
participation in such organizations or activities as an offense
punishable by law;chanroblesvirtualawlibrary
"(c) Shall not permit public authorities or public
institutions, national or local, to promote or incite racial
discrimination." chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, in order to
implement the treaty obligations of the Philippines under the
International Convention on the Elimination of All Forms of Racial
Discrimination, do hereby decree and order that:cralaw:red
Section 1. All organizations and all propaganda
activities, which promote and incite racial discrimination, and hereby
declared illegal and prohibited.
Section 2. Violation of this Decree, as well as of
Article 4, paragraphs a, b and c of the International Convention on the
Elimination of All Forms of Discrimination, shall be punished with:cralaw:red
a. Imprisonment of not less than ten days nor more
than six months, if the offender is guilty of the dissemination and
advocacy of policies based on racial superiority or hatred; incitement
to racial discrimination; membership in any organization or
participation in organized or other propaganda activities, which
promote or incite racial discrimination; or providing assistance to
racist activities, including the financing thereof.
b. Imprisonment of not less than one month nor more
than one year, if the offender is guilty of inciting to acts of
violence against any race or group of persons of another color or
ethnic origin or is an officer or organizer of an organization engaged
in propaganda activities, which promote or incite racial discrimination.
Section 3. The penalties provided in the preceding
section shall be imposed in the maximum if the offender be a Government
officer or employee. chanroblesvirtualawlibrary
The imposition of the penalties provided in the preceding section shall
be without prejudice to any liability which the offender may incur
under other applicable laws.
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila,
this 20th day of July, in the year of Our Lord, nineteen hundred and
seventy-six.
|