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Freedom of expression in the time of Duterte

Over three years ago, the nation has been promised: change is coming. And change did come, but things took a turn for the worse.

As the nation marks President Rodrigo Duterte’s third year in power, we look back in sheer dismay over the unprecedented attacks perpetrated primarily by the state, with the apparent goal of shrinking the space for free expression in the country.

Once Duterte assumed the presidency in June 2016, the dome of impunity has widened and enveloped practically the whole of the archipelago. What was once considered rare and infrequent news on police-instigated killings, massacres, and haranguing of communities speedily became frequent staples in the news. Aside from the drug war, dozens of massacres, killings, and arbitrary arrests have been committed at a rate only comparable to the dark years of the Marcos era. With the rampant human rights violations, wittingly or unwittingly, the victims have become mere statistics, losing their names and identities to the dark powers-that-be.

Even freedom of expression is in peril. Merely voicing out concern and reporting on the aggravating human rights situation in the country puts one at risk. The attacks were sustained and targeted all fronts: from the red-tagging of activists and organizations, to the harassment and even killing of journalists. The string of cases against Rappler, for instance, shows how this administration wields its entire machinery to hide the truth in its bloody “war on drugs.” Based on the report released by the Freedom for Media, Freedom for All Network, from June 30, 2016 to April 30, 2019, a total of 128 cases of threats and attacks against the media have been documented, 60 of which were directly perpetrated by state agents. These incidents range from intimidation, including red-tagging, visits by police teams to the offices of media agencies, to the association of independent media organizations to supposed ouster plots.

No one was spared – from incarcerating vocal critic Sen. Leila de Lima, to attacking the church and even international organizations, Duterte stopped at nothing to make his perceived enemies fall, mincing no words, except in certain instances, like in issues concerning China. Remember how the state practically booted out Sister Patricia Fox, an Australian nun who have worked for decades among the poor and the marginalized just for voicing out her concerns and joining a fact-finding mission? And what about the perjury charges filed by the military against human rights defenders from Karapatan, Rural Missionaries of the Philippines and Gabriela?

Remember how, just recently, veteran journalist Margarita Valle has been nabbed for unknown reasons, only to be released eventually, with the state saying it was just a case of mistaken identity?

Even artists are being criminalized. Two artists — Alvin Fortaliza of Bohol, and Clydie Sabate of Negros Occidental, have been arrested and detained on trumped-up charges. And who could not forget the military’s red tagging of filmmakers who produced socially relevant works?

The attacks were unrelenting. From the “Red October” plot to the egregious “Oust Duterte matrix,” clearly the administration is not on a “wait and see” mode but rather on an active frenzy. Recently, the police filed sedition, cyber libel and other criminal charges against Vice President Leni Robredo and 35 other individuals, including lawyers and Church people, over the Bikoy narcotics video series. Their goal: mass intimidation. They are deploying all weapons in their arsenal to police even the opinions of the public: from the employment of a massive “troll army” and other forms of astroturfing or the attempt to bloat supposed public support for policies, resulting in an era where genuine reports and fake news are difficult to tell apart; the ramped-up surveillance of perceived critics of the administration; to imposing martial law in Mindanao, and similar thinly-veiled military efforts in provinces in Visayas and Luzon.

Even the Internet is no longer a safe space. Remember how easy it was for state agents to relentlessly conduct “distributed denial of service” or DDoS attacks against the alternative media, shutting down their websites at critical moments when reports on attacks against the marginalized and underrepresented were published. International observers dub these attacks as one of the worst cyber-attacks they have seen across the globe in recent history.

The Duterte administration has even tapped draconian laws such as the Cybercrime Prevention Act of 2012 to file cases such as cyberlibel against its critics. With Duterte allies now controlling both houses of Congress, soon, the reviled Human Security Act is also set to be amended to give stronger powers to state agents to tag practically anyone and everyone as terrorists, with little to no effort.

Most of these schemes and turn of events aimed at mass intimidation employ the same tactic: preemptive vilification – discrediting those who dare critique policies, pronouncements, and actions of the government even before these critics open their mouths or type their statements. In a nutshell, the last three years drastically shrunk the space for free expression.

Just as state agents are not sparing any moment to practically trample on any and every form of dissent, we must also not wait as our basic civil liberties are being pressed for space. At this juncture, we must realize the importance of the freedom of expression: losing this right opens the floodgates to the violation of other civil, political, and economic rights. Freedom of expression serves as a safeguard for the people to enjoy other freedoms. Without free expression, we can lose all our other important rights in an instant.

It is easy to allow fear to set in and shut our lips and eyes to the worsening state of our nation. But once we do that, will it alleviate the situation? No, it will only continue festering.

To allow the state and its agents to pillage on the right to free expression is tantamount to surrendering hard-earned victories of our people in the past decades. We cannot simply allow the looming shadow of dictatorship to easily slip back. We must decisively unite and fight back.

We need to reclaim the real meaning of change, of how that potent word opens a world of possibilities. Despite the relentless attacks on our basic civil liberties, we need to remember that real change is a force that makes us question everything. Change is what we aspire when we innovate, when we invent, when we create. Change sparks genius, and ignites the fire that seeks to melt and recast the status quo.

To change is to reaffirm the value of militancy, of seeing the potency of collective action. Genuine change requires united action. From artists to journalists to the common people, we need all the force we can muster to fight back. There is no moment to spare. We need to reclaim every inch of space for our civil rights. We need to fight back now. #

Let’s Organize for Democracy and Integrity (LODI)

National Union of Journalists of the Philippines

Concerned Artists of the Philippines

Altermidya

No to legal attacks on freedom of expression and public participation

CAP condemns perjury, sedition charges vs. colleagues

The Concerned Artists of the Philippines (CAP) condemns the successive filing of legal charges against human rights advocates and opposition members, which includes in their respondents members of the artist community.

This week alone has seen the filing of two complaints, which threaten not only the respondents but the very essence of freedom of expression and public participation itself.

First, National Security Adviser Hermogenes Esperon Jr. filed perjury charges against human rights groups who asked for a protection order against government harassment. These are KARAPATAN Alliance for the Advancement of People’s Rights, Gabriela, and the Rural Missionaries of the Philippines, which earlier petitioned for a writ of amparo and habeas data following the killings, vilification, and harassment against their members. Second is the “inciting to sedition” charge initiated by the PNP and the DOJ against a diverse line-up of 36 opposition figures starting with the Vice-President, on the pretext of being responsible for the spread of the “Ang Totoong Narcolist” videos.

Included in the former is Kiri Dalena, a filmmaker, visual artist, and human rights advocate whose work has bravely reflected on the state’s perpetuation of human rights violations. Included in the latter is Joel Saracho, a veteran actor, writer and convener of the media and arts alliance Let’s Organize for Democracy and Integrity (LODI).

We are outraged over how artists are facing these absurd charges of perjury and inciting to sedition. We view such legal attacks as Strategic Lawsuits Against Public Participation (SLAPPs), which are lawsuits filed in retaliation for speaking out on a public issue and intending to burden, censor, intimidate, and silence critics into abandoning their criticism or opposition. While the Palace denies any hand in these charges, it can not deny that these incidents are rising as more people are expected to take to the streets in the United People’s SONA on July 22.

We condemn these assaults on our colleagues in the art and culture sector, who have tirelessly dedicated their craft, consciousness, and practice towards being artists for democracy, nationalism, and justice. We denounce the continuing red-tagging of our colleagues, our organizations, our films and the institutions that screen these.

We condemn how citizens at the forefront of protecting human rights are viciously attacked and targeted. These include human rights defenders Christina Palabay and Edith Burgos, wife of late press freedom icon Jose Burgos and mother of desaparecido Jonas Burgos, whose lifelong struggle for justice has been referenced across artworks to films.

We must not let such legal harassment pass. Already, artists and cultural workers are among 509 political prisoners in the Philippines today. These include Alvin Fortaliza, arrested on March 4, 2019 in Guindulman, Bohol and falsely charged with two counts of murder. Fortaliza is the Artistic Director of the Bol-anong Artista nga may Diwang Dagohoy (Bansiwag Bohol) Bohol Cultural Network which stages theater performances and conducts theater workshops for youth groups and was a volunteer provincial coordinator for Anakpawis (Toiling Masses) Partylist in Bohol.

Artists, cultural, knowledge and media workers will fight back: with our voices, our art, and our presence in the parliament of the streets on July 22 at the United People’s SONA.

‘Ninakaw na sa atin ang lahat-lahat’

“Napakasaklap na sa bansang ito ang mismong paggamit ng sariling wika—pagsasalita, pagsusulat—ay isang anyo ng protesta. At ngayon, ipinagkakait na pati ang pag-aaral ng wika at ng yaman at hiwaga ng panitikan. Ninakaw na sa atin ang lahat-lahat.”–Mayette Bayuga, manunulat

‘Pinapatay ang wikang Filipino’

“Ang desisyon ng Korte Suprema at CHED na patayin ang wikang Filipino sa kurso ng General Education ay walang iba kundi ang pagtalima sa neoliberalismong patakaran tulad ng globalisasyon at internationalization ng rehimeng Duterte. Bahagi ng labor export policy, ninanais nilang sanayin tayo sa lenggwahe ng mga makapangyarihang bansa upang epektibo taong makapag-lingkod sa kanila.”—Neil Doloricon, tagapangulo ng CAP