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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.

Drug war widow brings husband’s case to UN

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A widow of a victim of the government’s so-called war on drugs called for a stronger United Nations (UN) effort in investigating the killings in the Philippines.

Amy Jane Lee, whose husband Michael was among the thousands killed, said the bloody campaign started by the Rodrigo Duterte government is continuing under the current Ferdinand Marcos Jr. administration.

“The killings continue. If the ‘war on drugs’ was effective, the proliferation of illegal drugs would no longer be an issue. If the domestic investigation processes were efficient, I wouldn’t be here asking for help again,” Lee said.

A member of Rise Up for Life and for Rights, Lee is in Geneva, Switzerland as the UN Office of the High Commissioner on Human Rights (OHCHR) publicized its report on human rights challenges in addressing and countering all aspects of the world drug problem.

Rise Up is among the groups that submitted complaints to the OHCHR and was cited in the report, particularly about human rights violations “resulting from the militarization of anti-drug operations that disproportionately impact the poorest and most marginalized sectors of society.” 

The UN OHCHR report also stated that: “In most cases, accountability for human rights violations and access to effective remedies for victims and communities remains lacking.”

The UN Human Rights Council (HRC) is conducting its 54th session attended by a delegation of the Philippine UPR (Universal Periodic Review) Watch from human rights, lawyers, indigenous peoples, church, and environment groups from the Philippines.

The HRC is currently conducting a UN Joint Program in the Philippines that includes dialogues and trainings with government agencies in upholding and protecting human rights.

The program however had been receiving criticisms from local human rights groups for being “insubstantial in bringing about changes in the country’s drug policies, with the killings continuing under the Marcos administration unchecked and un-prosecuted.” 

“The heat is on the Philippines, with UN special rapporteurs noting concern over recent developments in the Philippines, on top of the International Criminal Court (ICC) investigating the extrajudicial killings committed during the Duterte administration’s drug war,” said Atty. Kristina Conti, secretary-general of the National Union of Peoples’ Lawyers (NUPL)-National Capital Region.

The NUPL represents victims of the “war on drugs” in proceedings before the ICC.

Lee and Philippine UPR Watch called on missions of state members of the ICC to support the investigation being conducted by the Office of the Prosecutor.

Conti emphasized the continuing obligation of the Philippine government to cooperate with the court.

“It is logically inconsistent for the Philippines to cooperate with the UN but not the ICC,” she said. 

Philippine UPR Watch also reiterated its call for the UN through the OHCHR to continue their monitoring and reporting on the situation of human rights in the Philippines, with the killing of a lawyer in Abra province  and the abduction and arbitrary detention of two environmental activists in Bataan. # (Raymund B. Villanueva)

Jonila and Jhed’s case reaches UN, rights defenders announce

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A group of human rights defenders said they have reported the case of the two abducted environmental activists to the United Nations (UN) at the ongoing 54th Regular Session of the Human Rights Council (HRC) in Geneva, Switzerland.

The Philippine UPR [Universal Periodic Review] Watch (PUPR) said the press conference organized by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) last September 19 when anti-Manila Bay reclamation project campaigners Jonila Castro and Jhed Tamano revealed their abduction has reached the offices of several UN Special Rapporteurs and country missions.

The PUPR said it continues to update attendees at the 54th UN Human Rights Council session about the NTF-ELCAC’s “degenerative tactic” of presenting abduction and enforced disappearance victims as surrenderers.

“The PUPR team, continuing to report on developments in the Philippines, (also) shared this development with the office of the Special Rapporteur on Freedom of Expression and Access to Information,” the group in a statement said, referring to Irene Khan who is set to visit the Philippine in January 2024.

Bishop Melzar Labuntog, the General Secretary of the United Church of Christ in the Philippines also asked other UN experts to red-tagging, freezing of assets, and arrests and detention of church workers and groups.

“Church groups living out their faith and expressions have met malignment and have been equated with terrorist groups,” Labuntog said. “The clear trend of attacking church workers and ministries is a clear indication of how human rights, freedom, and justice are being trampled upon.”

Bishop Labuntog is part of the PUPR delegation to the ongoing UN session, alongside an indigenous people’s leader, a climate activist, a victim of extra-judicial killings, and a people’s lawyer.

The group said they emphasize the injustices suffered by civilians under the Philippine Anti-Terrorism Act of 2020, citing at least 15 terrorism-related cases filed against activists, ranging from allegations of acts of terrorism to financing terrorism with corresponding civil forfeiture charges.

In their meetings with experts and country missions, the PUPR delegation said they also raise the issue of censorship such as the blocking of 25 websites of progressive news sites by the National Telecommunication Commission upon the orders of the National Security Council.

“The first target of government repression will not be the last,” National Union of Peoples’ Lawyers-National Capital Region secretary general Kristina Conti said.

Conti added that NUPL’s own Facebook page became inaccessible last September 26 after several posts condemning the killing of a fellow lawyer in Abra province.

PUPR said one of its members from the Council of Health and Development has delivered an oral intervention through video in the interactive dialogue on economic, social, and cultural rights and COVID-19 recovery at the ongoing UNHRC session. # (Raymund B. Villanueva)

UN urges Duterte gov’t to investigate, prosecute rights abusers anew

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The United Nations Human Rights Council (UNHRC) again urged the Rodrigo Duterte government  to conduct “independent, full, and transparent” investigations to ensure accountability for rights violations and abuses in the Philippines.

In a resolution Wednesday (Philippine time), the UNHRC also condemned all “acts of intimidation and reprisal, both online and offline” against human rights groups and other critics.”

In its 45th General Session from September 14 to October 7, the Council took note of the scathing report by the UN Office of the High Commissioner on Human Rights (OHCHR) last June 4 detailing the Duterte government’s heavy-handed focus on countering national security threats and illegal drugs that has resulted in serious human rights violations, including killings and arbitrary detentions, as well as the vilification of dissent.

[READ: UNITED NATIONS: Rights violations widespread and persistent under Duterte gov’t]

The new resolution recommended that OHCHR and Human Rights High Commissioner Michelle Bachelet assist the Philippines in its “fulfillment of its international human rights obligations and commitments” through:

  • technical assistance and capacity-building for domestic investigative and accountability measures
  • data gathering on alleged police violations, engagement with civil society
  • national mechanism for reporting and follow-up
  • counter-terrorism legislation
  • and human rights-based approaches to drug control.

The resolution was sponsored by the Philippine government itself, along with fellow member-States India and Nepal, as well as non-members Hungary, Thailand, Turkey and Iceland.

‘Human rights crisis’

A human rights alliance said the latest UNHRC resolution indicates that the international community has acknowledged the human rights crisis in the Philippines and persists in its scrutiny of the Duterte government.

The Ecumenical Voice for Human Rights and Peace in the Philippines (EcuVoice) said the resolution is proof that the Duterte administration, despite its belligerent stance and statements in past HRC sessions, has also started to acknowledge “domestic and international pressure for justice and accountability” for its reported human rights violations.

“The resolution comes after the damning report of UN High Commissioner for Human Rights Michelle Bachelet on the persistent and widespread killings and human rights violations in the Philippines, the numerous statements of UN Special Procedures expressing concern on the situation, the European Parliament resolution calling on the European Commission to initiate the temporary withdrawal of trade perks of the Philippines in the light of the serious rights violations, and the proposed measure at the US Congress to end military and police aid to the Philippine government,” EcuVoice said in a statement.

EcuVoice led the filing of dozens of reports of human rights violations by the Duterte government at the HRC’s 43rd General Session in Geneva, Switzerland last February and March that became part of Bachelet’s report recommending investigations to be conducted in the Philippines.

Human rights group Karapatan said the new resolution is “a sign that the international community remains committed in closely monitoring the situation of human rights in the country.”

Karapatan secretary general Cristina Palabay, however, expressed disappointment that the new resolution “looks over the urgent demands of victims, their families and communities” for in-country probes.

 “[I]t (the resolution) falls short of a decisive and adequate response to the worsening human rights crisis in the country — and we strongly believe that technical cooperation and capacity-building activities would not stop the administration’s human rights violations,” Palabay said.

Karapatan challenged the Duterte government to allow access to UN investigators if it has nothing to hide in line with Bachelet’s original recommendation.

It also urged governments, parliaments, civil society groups, and international non-governmental organizations to conduct independent investigations to validate the real human rights situation in the Philippines. # (Raymund B. Villanueva)