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CHR tells world of red-tagging, misuse of counter-terror measures

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Rights defenders ask UN to conduct investigations in PH

The Commission on Human Rights (CHR) in the Philippines called on the Philippine government to end the practice of red-tagging and ensure that counter-terrorism measures are not “weaponized” against activists and political opponents.

In an intervention in the ongoing United Nations Human Rights Council (UNHRC), CHR chairperson Richard Palpal-latoc said the Commission is seriously concerned about the Philippine government’s misuse of counter-terrorism measures to curtail the right to freedom of expression and peaceably assemble in the country.

“[It] creates a chilling effect in human rights activism in the country,” Palpal-latoc said in a video-taped message as part of the interactive dialogue on UN special rapporteur on counter-terrorism and human rights Ben Saul’s report last March 12 .

“State agents and institutions, particularly the law enforcement, using State resources, systematically engage in red-tagging, which is the act of branding or accusing individuals or organizations, many of whom are human rights defenders and community workers,” Palpal-latoc revealed.

He added that victims of red-tagging are labeled as subversives or communists that facilitate and carry out terrorist acts.

“Red tagging legitimizes intrusion into civilians’ private lives and has dangerous consequences – online and physical attacks, prolonged incarceration, and even death to some,” the CHR chairperson said.

Palpal-latoc said the Philippine national human rights institution joins the international Treaty Bodies, Special Rapporteurs, UN Member States, and global civil society organizations in calling the Philippine Government to end the practice of red-tagging and ensure that counter-terrorism measures are not weaponized against activists and political opponents.

“We also strongly encourage the Government to work with the Special Rapporteur Mr. Ben Saul, in reviewing the human rights impacts of the country’s counter-terrorism policies and practices through an official country visit,” he added.

The Philippine UPR Watch delegation to the 55th UNHRC regular session in Geneva, Switzerland.
(Photo by the World Council of Churches)

Just as bad under Marcos

Meanwhile, delegates of the Philippine UPR (Universal Periodic Review) Watch in Geneva said the human rights situation is not better under the Ferdinand Marcos Jr. government, contrary to what government officials are telling UN member states.

In a side event UN HRC session last March 14, the delegation echoed CHR’s revelation of red-tagging and weaponization of the Anti-Terrorism Act (ATA) of 2020 in the Philippines, adding the Marcos administration has continued with repressive and oppressive policies implemented under the previous Rodrigo Duterte regime.

“High level envoys have been here at the start of this UNHRC session telling other member states and the UN in general of the so-called successes of the UN Joint Program (UNJP) that has been implemented in the Philippines in the last three years. What success is the Marcos government talking about when rights violations continue unabated?” IBON executive director Sonny Africa asked.

Department of Justice undersecretary Raul Vasquez claimed in an oral statement to the UNHRC last February 27 that the Philippine government “strengthen[ed] existing domestic human rights mechanisms (through the UNJP) in support of [the government’s) rights-based development agenda.”

Vasquez also announced that the Marcos government shall establish “a human rights coordinating council (HRCC) to take over and broaden the programs identified under the UNJP, and ensure greater participation of other government agencies and civil society organizations.”

Africa said that both IBON and Karapatan are members of a technical working group within the UNJP and they have a front row seat of how capacity-building exercises are ineffective when laws such as the Anti-Terrorism Act are still actively used to oppress human rights defenders.

“The Marcos government cannot claim success of the UNJP when the drug killings continue, such as in the case of Jemboy Baltazar killed by the police 13 months into the Marcos presidency. Worse, the police officer who shot him was given a very light sentence and his cohorts were set free in what the court described was a simple case of mistaken identity,” Africa said.

Africa added that the planned HRCC is likely to become another failure like the UNJP.

“As long as the Marcos government continues to ignore the recommendations made by UN special rapporteurs who recently visited the country, such as the abolition of the red-tagging National Task Force to End Local Communist Armed Conflict and the review of the Anti-Terrorism Act (ATA) 2020, there will be more rights violations,” Africa warned.

Clergy, environmentalists as ATA victims

United Methodist Church clergy and National Council of Churches in the Philippines member Rev. Glofie Baluntong narrated how the ATA was used to drive her away from Southern Tagalog where she was a Distrist Superintendent for Mindoro and Romblon.

Baluntong was charged with alleged violation of the ATA in 2021 for her defense of the indigenous Mangyan in Mindoro who resist mining and logging operations in the island.

Center for Environmental Concerns executive director Lia Mai Torres narrated how two state abduction survivors and fellow environment defenders Jhed Tamano and Jonila Castro were supposed to be part of the Philippine UPR Watch delegation but for additional charges filed against them by the DOJ.

“The ongoing UH HRC session, being the first one after their abduction and dramatic walk to freedom, would have been the most opportune time for the two brave environmental activists to share to the world their ordeal in the hands of the Marcos government,” Torres said.

The DOJ filed a grave oral defamation charge against Tamano and Castro last February before the Dona Remedios Trinidad Municipal Trial Court for allegedly maligning the Philippine Army.

“The irony of the kidnappers charging their abductions victims is simply incredible,” Torres quipped.

800 political prisoners

Karapatan legal counsel Ma. Sol Taule told attending Geneva graduate students and Geneva-based international civil society organizations of the 800 political prisoners languishing in various jails throughout the Philippines.

“The fact that the Marcos government keeps in jail hundreds of political prisoners is testament that the human rights situation in the Philippines under Marcos Jr. is not better,” Taule said.

“Since the compromise project of UNJP did not produce the intended result of respect for human rights in the Philippines, we urge the United Nations to revisit the approved 2019 Iceland resolution for the conduct of an independent investigation,” she said.

Taule added that the DOJ has no right to head the proposed HRCC given its lack of credibility in delivering justice to human rights violations victims, as in the case of the notorious Bloody Sunday killings in Southern Tagalog three years ago that killed five activists and killed several others in a single day.

The lawyer also cited the DOJ’s role in Administrative Order 35 creating the Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture and other grave violations to the Rights to Life, Liberty and Security of Persons in 2012.

“The world knows the Philippine government’s bloody record in killing thousands upon thousands of suspected drug dependents as well as human rights defenders and simple civilians. What moral right does DOJ have to head a human rights coordinating council?” Taule asked.

“The Philippine government is lying about the real situation on the ground and it is miserable failing to abide by its commitments to the international community. It is high time for the UNHRC to find the truth out for itself by conducting its own investigation,” the human rights lawyer added. # (Raymund B. Villanueva)

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(DISCLOSURE) The reporter is a member of the Philippine UPR Watch delegation as chairperson of the People’s Alternative Media Network who met with UN Special Rapporteur on freedom of expression and opinion Irene Khan last January.

Defining, preventing red-tagging

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“Second, I was pleased to hear that the National Human Rights Commission has embarked on consultations to help define the problem with a view to proposing legislation to define and prevent it. I encourage the Commission to prioritize the project. Needless to say, the law should be in line with international obligations, including the right to freedom of expression and reparations for victims.” —UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

[THIS IS THE SIXTH IN A SERIES OF NOTABLE STATEMENTS MADE BY UNITED NATIONS SPECIAL RAPPORTEUR ON FREEDOM OF EXPRESSION AND OPINION IRENE KHAN ON HER INVESTIGATION IN THE PHILIPPINES]

Rights defenders urge new CHR officials to uphold independence

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Groups urged the new appointees at the Commission on Human Rights (CHR) to uphold the mandate of the commission and maintain its independence, probity and transparency.

Following President Ferdinand Marcos Jr.’s appointment of Atty. Richard Palpallatoc as new chairperson and Atty. Beda Epres as commissioner for full six-year terms, human rights group Karapatan and Bagong Alyansang Makabayan (Bayan) said the new officers should ensure that the commission would continue to conduct independent investigations on reported human rights violations.

“[The CHR should] provide prompt, responsive, accessible and excellent public service for the promotion and protection of human rights,” Karapatan secretary general Cristina Palabay said in a statement.

“In particular, we expect members of the new commission en banc to address the recommendations by the previous commission during its public inquiry on the attacks and challenges against human rights defenders and its investigations in the drug war,” Palabay added.

In a separate statement, Bayan secretary general Renato Reyes Jr. called on chairperson Palpallatoc to show independence despite close links with Presidential Chief of Staff and former executive secretary Vic Rodriguez.

Palpallatoc was formerly deputy executive secretary under Rodriguez and was also his former law partner.

“We hope that despite his (Palpallatoc) previous proximity to the halls of power as a Palace official, he will maintain the CHR’s independence from Malacanang,” Reyes said.

After two months in power, the Marcos administration finally filled up the two vacant positions at the CHR, a constitutional body tasked to protect citizens from human rights violations, particularly by State forces.

In a radio interview, Palpallatoc said he applied for the position because he wants to give particular attention to the rights of children, women and other marginalized sectors.

Prior to his new appointment, Epres for his part was a career official and investigator of the Office of the Ombudsman.

Atty. Jose Luis Martin Gascon, the last CHR chairperson, died in office in October 2021 while several commissioners have served their full terms this year.

The Rodrigo Duterte administration has deferred its appointment of replacements, choosing to let the incoming government to make the appointments.

‘Be like Diokno, de Lima and Gascon’

Reyes said that the new CHR chairperson can emulate some of his predecessors like Jose W. Diokno, Leila de Lima and Chito Gascon.

“The CHR is important amid efforts to hold the previous regime accountable before the ICC (International Criminal Court) for the failed drug war. There is also the upcoming Universal Periodic Review where the rights record of the Philippines will be scrutinized by the members of the UN Human Rights Council. There are also many human rights complaints by civil society groups that require the response of the CHR,” Reyes also pointed out.

Palabay for her part “strongly remind(s) the new appointees of the continuing immense challenges of upholding truth, justice and accountability for the thousands of victims of human rights violations during the Ferdinand Marcos Sr.’s dictatorial rule, the very reason why the CHR was created by the 1986 Philippine Constitution.

Palabay also noted the lack of an open, transparent and independent process in the process of appointing the new CHR officials.

Both Bayan and Karapatan said they look forward to holding a dialogue with the new officials on the state of human rights in the country.

“[W]e will continue to engage with the incoming new members of the Commission especially in pursuing justice and accountability of the previous Duterte administration and in the continuing defense of people’s rights, welfare and dignity,” Palabay said. # (Raymund B. Villanueva)

Rights agency opposes ‘no vax, no ride’ measure

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The impending prohibition of unvaccinated individuals from public transport assaults the people’s fundamental rights, the government’s human rights agency said.

Commission on Human Rights (CHR) spokesperson Atty. Jacqueline Ann de Guia said in a statement that the plan by the Department of Transportation (DoTr) to ban unvaccinated persons from taking public transport is in danger of being sweeping and overly broad.

“CHR fears that, while there is no direct prohibition on the right to travel with the ‘no vaccine, no ride’ policy in public transport for the unvaccinated, this policy effectively restricts the exercise and enjoyment of fundamental rights,” de Guia said.

DoTr Undersecretary Artemio Tuazon Jr. announced Wednesday that the agency orders that only fully vaccinated individuals, with some exceptions, will be allowed to take public transportation beginning January 17, Monday.

DoTr’s Department Order No. 2022 – 001 shall cover public transportation for individuals who reside, work and travel to and from the National Capital Region, Tuazon said.

Persons with medical conditions that prevent full Covid-19 vaccination shall be asked to present a medical certificate while other unvaccinated individuals out to buy essential goods and services such as food, water, and medicine shall be asked to present barangay health passes or other proofs before boarding public transport, the DoTr said.

The CHR however expressed fear that even with such exemptions, persons may be restricted in accessing essential goods and services for having no or limited access to private vehicles.

The human rights commission explained that ordinary Filipinos continue to rely on public transportation in attaining basic needs, such as for food, work, and accessing health services, including unvaccinated individuals.

“It is not sufficient that the restrictions serve the permissible purposes; they must also be necessary to protect them. Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected,” the CHR said.

In a radio interview Wednesday, a leader of one of the country’s biggest transport groups also opposed the measure, saying public transport were not consulted before DoTr issued the measure.

Pinagkaisang Samahan ng mga Tsuper at Opereytor Nationwide chairperson Mody Florida told DZRH that jeepney drivers will find it very difficult to check each and every passenger’s eligibility to take public transport. # (Raymund B. Villanueva)

CHR to Metro Mayors: Respect rights of unvaccinated residents

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The Commission on Human Rights (CHR) urged Metro Manila mayors to observe human rights in their plan to impose restrictions on the movement of un-vaccinated residents.

Following the announcement of Metro Manila Development Authority (MMDA) chairperson Benjamin Abalos Jr. on Monday that the 17 National Capital Region mayors have agreed “in principle” to enact ordinances for “enhanced restrictions,” the CHR said such polices must be based on human rights standards.

“[A]mong others, it must be legal, necessary, proportional and non-discriminatory,” in accordance with the Siracusa Principles urging that human dignity and respect must be at the core of every government decisions concerning citizens, the CHR said in a statement.

The agency acknowledged that there are valid justifications in restricting rights, including freedom of movement, especially during national emergencies, such as the present pandemic.

But it said it remains the government’s obligation to “respect, protect and fulfill” people’s rights even during the pandemic.

“Despite the restrictions, unvaccinated individuals must also continue to be allowed to access essential services. Similar policies must contemplate valid exemptions as well, such as religious and valid medical grounds,” the CHR said.

Abalos Jr. said MMDA Resolution No. 22-01, series of 2022, had been approved in a meeting between the local executives, the MMDA and members of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF).

Abalos cited the rising cases of Covid-19 following the holiday season made worse by the threat of the Omicron variant.

The resolution urges local government units to mandate unvaccinated individuals to stay at home at all times except for the procurement of essential goods and services such as food, water, medical services, public utilities, and work.

“It’s like having an Enhanced Community Quarantine but only for the unvaccinated. It’s for their own protection. They should remain at home,” Abalos said in Filipino.

The NCR has reverted to the stricter Alert Level 3 from January 3 to 15.The Department of Health reported 4,084 new Covid cases and 16 new deaths on Monday, a steep increase from mere hundreds of daily new cases before Christmas. # (Raymund B. Villanueva)

Terminally ill political detainee dies waiting for ‘compassionate release’

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Antonio Molina, the terminally ill political prisoner who asked for “compassionate release” from a local court,  has died Thursday night, November 18 in a Puerto Princesa City hospital. He was 67.

Political prisoners support group Kapatid announced Molina was brought to the Ospital ng Palawan yesterday after suffering from cardiac arrest.  He died a few minutes after 10 pm, the group said.

Kapatid added Molina was the sixth political prisoner to die during the pandemic. There is no report if he was tested for COVID-19 despite the extreme congestion of the city jail, it said.

Human rights group Karapatan said Molina is the 11th political detainee to die under the Rodrigo Duterte administration.

Faith-based group Promotion of Church Peoples’ Response (PCPR) also announced Molina’s death in a separate statement.

“With deep sadness, we bid farewell to Antonio Molina who died this evening November 18, 2021 after suffering months of excruciating pain from terminal cancer while in prison,” the PCPR said.

Molina was arrested on Oct. 4, 2019 in Palawan together with six staffers of the human rights group Karapatan. They were charged with illegal possession of firearms and explosives the Philippine National Police usually files against activists and alleged communists.

Molina was diagnosed with malignant stomach cancer (abdominal sarcoma) last March 24.

This led his family, lawyers and human rights groups to petition the government to grant him a “compassionate release” to allow him continued hospitalization and medical care.

But the motions filed by human rights lawyers were first denied by the Regional Trial Court Branch 51 of Puerto Princesa in Palawan last October 15.

READ: Rights group raps court refusal to release terminally ill political prisoner

“We had been asking the government for his compassionate release since the day that doctors gave him six months to live because of poor prognosis due to extreme disease,” Kapatid spokesperson Fides Lim said.

“We also appealed to the court and prison officials to transfer Molina to a hospital where he could receive intensive care. This was blocked by the prison warden who even denied that he was bedridden. It was too late when the Jail Inspector reversed their position on November 15 and asked the court to act on Molina’s motion for release on recognizance on humanitarian grounds,” Lim added.

Atty Ma. Sol Taule, one of Molina’s lawyers said she received a call Thursday night from his doctors asking permission to intubate the political detainee.

“I informed them of his family’s wish for his life to be extended to allow them to travel to Puerto Princesa to say their final goodbyes,” the lawyer said in Filipino.

“Our sadness and regret are profound for the delayed Release on Recognizance motion we filed before the court that would have allowed his family to take care of him in his final days,” Taule said, adding Molina was yet another victim of the government’s trumped up charges against activists.

Kapatid for its part asked the Commission on Human Rights to conduct an independent investigation into the responsibility and liability of prison officials as well as the accountability of a “callous” court in Molina’s death.

“[W]e ask the (CHR) to lead an independent investigation into his death, particularly the negligence of prison officials, even as we ask the court to reexamine itself and be held accountable for its callous decision-making that effectively served as his death warrant,” Lim said.

Last October, Kapatid asked why “a bedridden old man, completely disabled and incapable of any self-care, cannot benefit from the equity of the law that was used in principle to grant bail for jailed and convicted politicians accused of nonbailable high crimes.”

“The justice system failed Antonio Molina because of double standard and selective application. The penal system further punished him without mercy, deaf to his cries for help. We express our sincerest condolences to his bereaved family,” Lim said.

Taule said Molina was a gentle elderly person who always smiled and looked after his fellow prisoners even as he suffered excruciating pain because of illness.  

“His indigenous people colleagues and fellow political detainees Awing and Bener were proud that they learned to read and write because of Molina’s tutelage.

The PCPR also said Molina endured great injustice at the hands of his accusers.

“[B]ut he is victorious. He has finished the race. He has fought the good fight,” the group said. # (Raymund B. Villanueva)

NDFP peace consultant Suaybaguio walks free

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National Democratic Front of the Philippines (NDFP) peace consultant Esterlita Suaybaguio walked to freedom at the Commission on Human Rights (CHR) offices at past 5 pm Friday afternoon, cleared of charges of illegal possession of firearms and explosives.

With no available Quezon City barangay available to witness her release by the Bureau of Jail Management and Penology, the CHR agreed to be the venue of the process yesterday.

BJMP and CHR personnel complete the process to release NDFP peace consultant Esterlita Suaybagio last September 17. (Photy by Defend Jobs Philippines)

Quezon City Regional Trial Court Branch 219 judge Janet Abegos-Samar acquitted the women’s rights advocate of charges stemming from a search warrant issued by controversial QC executive judge Cecilyn Burgos-Villavert in 2019.

Suaybagio, alleged by the military as a high-ranking officer of the Communist Party of the Philippines, was arrested in an apartment building in Cubao, Quezon City early morning of August 26, 2019.

Suaybaguio told the court police officers pushed and pinned her to the sink after storming in, preventing her from viewing the commotion inside her apartment.

The activist said she was shocked to learn later that a police officer had allegedly found a 9MM firearm and a hand grenade inside her bag.

Suaybaguio’s acquittal was a triumph over government’s policy of trumped-up charges against activists, particularly NDFP peace consultants, her lawyers from the Public Interest Law Center (PILC) said.

“Her acquittal adds to the victory in a string of cases against activists which have been recently dismissed…We hope the dismissal of other fabricated charges (against other political prisoners) will follow,” the PILC said.

The law center noted similar warrants issued by Burgos-Villavert against journalist Lady Ann Salem and NDFP Negotiating Panel staff members Alexander and Winona Marie Birondo have been dismissed earlier.

Burgos-Villavert has been accused by rights defenders as a “warrant factory” after meeting with former police general Debold Sinas and subsequently issuing warrants used by the police to arrest activists.

The most controversial warrant issued by the judge was used to arrest women’s rights activist Reina Mae Nasino in 2020, who was then 7 months pregnant. Nasino gave birth while in detention to her child River who died weeks later. # (Raymund B. Villanueva)

‘Kill-kill-kill mindset’ caused police officer to kill grandmother, rights groups say

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Human rights groups expressed alarm at the spate of killings of civilians by police officers, with Karapatan calling for a system change within State security forces.

Following the killing of a 52-year old grandmother by a police sergeant in Fairview, Quezon City Monday night, Karapatan secretary general Cristina Palabay said a dangerous mindset ails many among security forces in the country.

“How many more should die, before it is acknowledged that the system that drives State security forces to kill civilians needs to be changed?” Palabay asked.

Palabay added there are more than enough recent cases to indicate that the public killings by police officers are not isolated incidents.

Kaparatan listed the following cases involving police officers, military men and even community security personnel in the last three months:

-On May 31, 2021, a drunk Police Master Sergeant Hensie Zinampan shot 59-year old Lilibeth Valdez in Brgy. Greater Fairview in Quezon City.

-On May 29, 2021, National Democratic Front of the Philippines consultant Reynaldo Bocala, 75, and his 60-year old companion Wilfredo Epago were killed during a police and military raid in Pavia, Iloilo.

-On May 23, 2021, police shot Edwin Arnigo, an 18-year old with autism, during a raid of an illegal cockfighting game in Valenzuela City. Arnigo happened to just pass by the area when executed by a police officer.

-On May 11, 2021, peasant leader Joseph Canlas died after contracting COVID-19 inside a prison in Pampanga. Canlas was arbitrarily arrested during a questionable police and military raid on March 30, 2021.

-On April 19, 2021, 35-year old Retchie Nepomuceno was killed along a road in Cebu City, after accusing a police staff sergeant of raping her while in police custody.

-On April 9, 2021, Ernanie Jimenez died after being beaten by barangay tanod for allegedly violating curfew rules in Calamba City, Laguna.

-On April 2, 2021, 21-year old Darren Manaog Penaredondo died, after being forced to do 300 rounds of pumping exercise in General Trias, Cavite for allegedly violating community quarantine policies.

-On March 7, 2021, nine activists in Southern Tagalog – a fisherfolk couple, a trade union leader, four indigenous farmers, an urban poor activist and a youth leader – were killed in simultaneous police and military raids in three provinces.

Karapatan said police claims that the incidents are “isolated incidents” are simply not true.

“What is clear and apparent is that these violations are brazenly conducted, at many times in full view of an audience. What is clear and apparent is that a governance driven by a kill-kill-kill policy is fostering a environment of insecurity,” she said.

Palabay added that the dangerous mindset of normalizing such killings is deeply ingrained among State forces.

Meanwhile, the Commission on Human Rights (CHR) said it shall be conducting a motu propio investigation into the shooting of Valdez.

PMSgt,Henzie Zinampan in front of a church building. (Facebook photo)

In a video circulating online, an allegedly drunk PMSgt. Zinampan can be seen grabbing the victim’s hair and eventually shooting her through the neck.

Ironically, in a standard declaration among police officers, Zinampan has condemned fellow PMSgt. Jonel Nuezca who was also caught on video shooting and killing mother and son Sonia and Frank Gregorio during an altercation in Paniqui, Tarlac Province last December 21.

“This incident is gravely concerning as we expect our police to ‘serve and protect,’ and not be at the frontlines of violating rights, let alone arbitrarily curtailing one’s right to life,” CHR executive director and spokesperson Atty. Jacqueline Ann de Guia said.

De Guia also said the CHR urged the PNP to translate commitments of internal cleansing into actual reduction of cases of human rights violations on the ground after a string of recent deaths and killings attributed to police officers.

“One death is one too many. We urge the government to address these violations with the larger view that the protection of human rights is primarily a State obligation,” de Guia said.

Newly-installed Philippine National Police chief Guillermo Eleazar has ordered the Quezon City Police District to file murder and administrative cases against Zinampan. # (Raymund B. Villanueva)

CHR: Democracy needs a free press

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The Commission on Human Rights (CHR) underscored the role of a free press in a democracy, even as it noted the Philippines’ steady decline in the World Press Freedom Index in the last four years.

In her keynote message for a journalists and human rights defenders’ project Friday, May 28, CHR executive director Jacqueline Ann de Guia said democracy needs a free press to thrive and survive.

“It is the power of a free and independent media—to be a watchdog, to promote transparency and accountability, and to amplify the voices of the weak, disadvantaged, and marginalized—that put pressure on government to be responsive to the needs of the people,” de Guia said.

De Guia however expressed alarm at the state of press freedom in the country, adding that international group Reporters Without Borders has noted continuing attacks against mass media, journalists and other human rights defenders in the past four years.

“The state of press freedom in the country is a cause for concern for CHR. In the past four years, data from the World Press Freedom Index shows a continuous decline of the Philippines from 133rd out of 180 countries in 2018; to 134th in 2019; 136th in 2020; and 138th in 2021,” de Guia said.

De Guia spoke at the project launch of Safeguarding Journalists and Human Rights Defenders in the Philippines by various media groups led by the Asian Institute of Journalism and Communication and the International Media Service.

Other attendees included members of the Journalists Safety Advisory Group (JSAG) that crafted the Philippine Plan of Action for the Safety of Journalists (PPASJ) last November 2019 on the occasion of the 10th anniversary of the Ampatuan Massacre.

The JSAG included the National Union of Journalists of the Philippines, Center for Media Freedom and Responsibility, Center for Community Journalism and Development, and the Philippine Press Institute.

Commission on Human Rights executive director and spokesperson Atty. Jacqueline Ann de Guia. (AIJC photo)

In her address, de Guia said the press must maintain its ability to expose corruption, demand redress of grievances, and call out lies and propaganda in favor of truth.

She added that the press must equally allow the people to decide better and demand more from the government that bears the obligation to uphold and protect the human rights of all.

The last four years have seen journalists, media workers, and media organisations being repeatedly confronted by a dangerous and hostile climate marked by episodes of harassment, silencing, and even death.

“And with the closure of ABS-CBN, we have greatly felt the gap in delivering critical information in hard-to-reach communities to help them cope and survive disasters, calamities, and this current Covid-19 pandemic,” she said.

De Guia said that the CHR’s Task Force on Media-Related EJKs (extrajudicial killings), with regional desks in its Bicol, Cotabato and Cebu regional offices, is ready to investigate attacks against the press.

“Thus far, 21 media killings have been docketed for investigation in different CHR regional offices covering July 2016 to May 2021. We are also investigating 7 cases involving 20 victims of other alleged human rights violations, including unlawful/arbitrary arrest/detention, frustrated killings, and red-tagging,” she said. # (Raymund B. Villanueva)

Lawyer, CHR score Duterte’s order vs non-mask wearers

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President Rodrigo Duterte’s directive to have those who do not wear masks or wear them improperly arrested undermines the rule of law and may be prone to excessive discretion and abuse by government authorities, a lawyers’ group and the Commission on Human Rights said.

Reacting to Duterte’s verbal order issued Wednesday night, National Union of Peoples’ Lawyers president Edre Olalia said the arrest directive is another authoritarian edict by the President.

“[T]he legal justification is not only inapplicable but erroneous because there appears to be no clearly defined crime or offense covered by any specific law or lawful ordinance for a valid instance of warrantless arrest to operate,” Olalia said.

The human rights lawyers said the order is a “cruel, degrading and inhuman punishment disproportionate to the evil sought to be supposedly addressed.”

He said its implementation may again be discriminatory as shown by the arrest, detention and death of mostly poor people arising from various coronavirus lockdown orders implemented by the government since the pandemic hit the Philippines in March 2020.

“This is what we get when we have knee-jerk draconian ideas rather than commonsensical solutions… Imagine the time, effort, resources – even brain neurons – to be spent legislating, enforcing, arresting, detaining, prosecuting and convicting for such a petty misdemeanor,” Olalia said.

He added that Duterte’s “serial mailed fist cures” would just worsen the coronavirus problem and lock the people up in the “slippery slope of inane coercive measures.”

The lawyer suggested providing facemasks for free to those who cannot afford them and launching massive popular information drives to prevent further congestion of the government’s jail facilities.

‘Detain them!’

In a meeting with pandemic task force officials Wednesday night, Duterte admitted he is at a loss on how to stem the rising number of coronavirus cases in the country.

“My orders to the police are, those who are not wearing their mask properly, in order to protect the public… to arrest them,” the President said.

“Detain them, investigate them why they’re doing it,” he said.

The chief executive said the police may detain those arrested to up to nine hours.

“If I don’t do this strictly, nothing will happen,” he said in Filipino.

‘Abusive’

The Commission on Human Rights however agreed with Olalia and said in a statement Thursday it is concerned that in the absence of clear guidelines, Duterte’s directive may be prone to excessive discretion and abuse.

“[W]ith the noted rise of human rights violations arising from violations of health protocols, we have stressed the need for reasonable and humane disciplinary measures for violators,” CHR spokesperson Jacqueline Ann de Guia said.

De Guia noted that several local government units have passed ordinances penalizing those not wearing masks in public but said the measures only often reprimand, fine or order violators to perform community service.

She agreed with Olalia that the country’s overcrowded jails may not be a sound strategy to prevent the further spread of the virus in the communities.

“In the end, it is through intensive education and information campaigns, not fear, that would best result in better compliance with healthy and safety protocols during the pandemic. ..We may be in quarantine due to the pandemic, but rights should not be on lockdown,” de Guia said. # (Raymund B. Villanueva)