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Irene Khan asks PH gov’t: Why exclude CSOs, CHR, UN in special rights committee?

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A United Nations UN expert expressed concern on the Philippine government’s exclusion of civil society organizations (CSOs), human rights institutions and the United Nations (UN) in the new “Special Committee on Human Rights Coordination.”

In a letter to the Philippine government dated June 7, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Irene Khan said the Ferdinand Marcos Jr. government’s adoption of Administration Order 22 (AO22) relegates the role of CSOs to mere “coordination and/or consultation.”

Khan noted the order replacing the recently concluded “United Nations Joint Programme on technical cooperation and capacity-building for the promotion and protection of Human Rights in the Philippines” (UNJP) downgrades the role of CSOs, the Commission on Human Rights (CHR) and the UN instead of encouraging full participation.  

AO22’s restrictions run counter to the claims by the UNJP of its success as a multi-stakeholder forum to address human rights issues with the full participation of civil society and the UN, Khan said.

Khan recalled that at the conclusion of her visit to the Philippines last January to February, she suggested to the government that a future body established to pursue the work of the UNJP should take a similar inclusive multi-stakeholder approach.

“Civil society is a major stakeholder in the promotion and protection of human rights. (CSOs), including organizations representing victims of human rights violations, can bring valuable insights and give legitimacy to governments’ initiatives,” Khan wrote in her June statement.

She explained that experience from around the world shows that human rights problems cannot be resolved without effective dialogue and collaboration between civil society and the authorities.

“A key measure of success of the (UNJP) was to provide an inclusive forum where all stakeholders had begun to discuss human rights problems and search for solutions in a constructive manner,” Khan said.

The expert added she encourages the Marcos government to ensure that all diverse CSOs are fully represented in the special committee and are “substantively and meaningfully engaged.”

“Civil society should further be consulted in the process of designing the structure intended to succeed the UNJP and be included in the work of this structure through dynamics of continuous engagement,” Khan said.

President Marcos signed AO 22 last May 8. No implementing guidelines have yet been made public however despite the 30-day deadline for its completion.

READ: BBM creates new human rights body; ‘window-dressing’ say activists

What’s CHR and UN’s role?

In her statement, Khan also noted that the CHR does not appear to have a significant role in the new Committee.

She said that independent national human rights institutions such as the CHR are essential in every country in addressing human rights violations.

Khan further noted that the committee does not give the UN the same convenor role it had under the UNJP.

“It is widely recognized that the (UN) played a pivotal role in creating and sustaining an environment conducive to constructive dialogue among the various national stakeholders. I believe such a role could be useful to retain the positive achievements of the UNJP and ensure a smooth transition to the new structure,” she explained.

“I encourage (the Philippine) government to seek the technical assistance of the (UN) to support the special committee,” she said.

Khan reiterated her February exit statement that tackling the deep-seated human rights problems in the Philippines require fundamental and sustained reforms, a clear political commitment to accountability and a readiness to engage constructively and substantively with civil society.

“The new Special Committee should embody those elements in its structure, process, objectives and delivery,” she said.

Khan said the Philippine government’s responses to her comments shall be included in the report of her visit to the Philippines to the Human Rights Council in June 2025. # (Raymund B. Villanueva)

Abduction survivor Jonila Castro addresses UN; reveals continuing rights violations under Marcos gov’t 

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State abduction survivor and anti-Manila Bay reclamation activist addressed the ongoing 56th regular session of the United Nations (UN) Human Rights Council in Geneva, Switzerland, narrating widespread freedom of expression violations under the Ferdinand Marcos Jr. government.

In an interactive dialogue last Wednesday, Castro again narrated her abduction with fellow environmental activist Jhed Tamano by the Armed Forces of the Philippines last year and the subsequent harassment court charges filed against them by authorities.

Castro and Tamano were abducted in Orion, Bataan on Sepember 2, 2023 and were detained for 17 days in a military camp in Dona Remedios Trinidad, Bulacan before the Philippine Army’s attempt to present them as rebel surrenderees.

“Now we face serious allegations of defamation. These challenges highlight the threats to our freedom of expression as defenders, amidst numerous other attacks (against defenders and activists) under the Marcos administration,” she said in her speech.

Castro, now advocacy officer of the environmental coalition Kalikasan People’s Network for the Environment, condemned government’s red-tagging practices and their severe implications for environmental defenders, journalists and activists.

“Red-tagging not only jeopardizes our safety but also undermines environmental advocacy,” Castro said.

“By silencing voices that promote environmental protection, it facilitates unchecked exploitation of natural resources and hampers efforts to combat environmental degradation,” she said.

Castro was among the civil society representatives who delivered interventions at the UN session where Special Rapporteur Irene Khan highlighted the perilous situation faced by journalists in exile.

Castro said a journalist from the Philippines was forced to go into exile after threats to his security, agreeing to Khan’s report of the physical, digital, and legal threats they endure journalists endure.

“But just like exiled journalists, Filipino environmental defenders also confront threats that compromise their safety and security,” Castro affirmed in a press release sent to media right after the UN HRC session.

Castro endorsed Khan’s recommendations for the protection of exiled journalists, recommending an independent investigation on the Philippines on continuing human rights violations under the Marcos Jr. government.

Castro is part of the delegation of the Philippine Universal Periodic Review Watch, a network of civil society organizations monitoring recommendations of UN member states related to human rights in the Philippines. # (Raymund B. Villanueva)

The NTF-ELCAC should be abolished

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“Third, the NTF-ELCAC was established by the previous administration six years ago for a different context. It does not take into account ongoing prospects for peace negotiations. I therefore recommend that the Task Force be abolished.” —UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

[THIS IS THE SEVENTH AND LAST 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]

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]

Gov’t must denounce red-tagging

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“First, the government must make it clear to its officials and the public that it does not encourage, approve or condone ‘red tagging.’ I strongly recommend an Executive Order denouncing the practice and setting out measures that discourage, disincentivise and discipline those who violate the policy. In addition to reassuring civil society and the public, the clear denunciation of ‘red tagging’ will also benefit the upcoming peace talks by encouraging broader participation and more open debate of diverse views to settle differences and reach a consensus.” —UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

[THIS IS THE FIFTH 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]

The dangers of red-tagging

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“The dangers are evident. The vilification has often been followed by threats, unlawful surveillance, attacks, or even unlawful killing. It intimidates and chills freedom of expression, and suppresses legitimate activism, journalism, debate and criticism which are part and parcel of freedom of expression. It isolates and antagonizes those who are unfairly attacked, puts them in a vulnerable position, may even drive them to exploitation by others, and undermines public trust in civil society and the media.” —UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

[THIS IS THE FOURTH 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]

Clear evidence red tagging is practiced by PH govt

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“While the government has reassured me that it does not encourage or endorse it, there is clear evidence that ‘red tagging’ and ‘terror tagging’ as some persons have called them, are being practiced by security forces as part of their counter-terrorism strategy. Furthermore, it is also clear that such vilification is not only aimed at those who are actually associated with proscribed or listed organizations as some officials claim, it is also used to target legitimate activists and activities, sowing distrust between the State, communities and civil society.” —UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

[THIS IS THE THIRD 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]

IRENE KHAN: Red-tagging remains common under Marcos

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“The practice is not new. State forces have practiced it for decades and was intensified, online and offline, under the presidency of Rodrigo Duterte, especially with the creation of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). It has been reported by the National Human Rights Commission and by several reputable international organizations, including OHCHR in 2020 and 2022 and the ILO High Level Mission last year….While the practice was particularly rampant under the previous administration, it remains common also in this administration, though at a lower level.” —UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

[THIS IS THE SECOND 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]

The NTF-ELCAC as culprit in red-tagging

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“A wide range of human rights defenders, humanitarian workers, journalists, community media workers, students, artists, writers, trade unionists, teachers, youth, priests, health workers, and indigenous leaders claim to have been or are being targeted – in effect, these are people who are strongly and openly critical of government policies, who are activists, or who hold progressive views…Many have pointed their fingers at the state agency, the NTF-ELCAC either as the culprit or the instigator, but also to the military, state security officials, senior government officials, and some media outlets.”—UN Special Rapporteur Irene Khan (February 2, 2024)

(Image by Jo Maois Mamangun)

Khan: NTF-ELCAC harmful to peace talks efforts

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United Nations (UN) special rapporteur on freedom of expression and opinion Irene Khan said the Ferdinand Marcos Jr. administration’s decision to open peace talks with the revolutionary Left is a positive signal but urged however for the abolition of the government’s anti-insurgency task force.

Among her recommendations in her exit press briefing last Thursday, February 2, Khan said the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) should be abolished “to allow for more inclusive peace-building platforms.”

“The tone of the new Administration, coupled with its decision to open peace talks with insurgents and a renewed engagement with the international community, are positive signals,” Khan said.

“But addressing the serious and deep-seated human rights issues will require more fundamental and sustained reforms,” she added.

Khan said the NTF-ELCAC is “outdated” and stressed that “does not take into account the ongoing prospects for peace negotiations.”

The government, the National Democratic Front of the Philippines and the Royal Norwegian Government simultaneously announced ongoing discussions for the possible resumption of formal peace negotiations.

Immediate rejection

Khan’s recommendation was however immediately rejected by Marcos administration officials, even accusing the UN expert of blindsiding the government with her preformed opinions before arriving in the Philippines.

National security adviser Eduardo Año, Peace adviser Carlito Galvez Jr., interior Secretary Benjamin Abalos Jr., National Security Council assistant director Jonathan Malaya and media security task force head Paulino Gutierrez in unison rejected Khan’s recommendation of Khan to abolish the NTF-ELCAC.

“Please take note that this is a 55-year old running insurgency. Now that we have reached this stage in the campaign, we feel it is improper to call for its abolition,” Malaya said, again claiming the government is about to defeat the New People’s Army (NPA).

Año for his part said the NTF-ELCAC “does not encourage red-tagging.”

Sen. Imee Marcos also mocked Khan’s call to abolish the task force as “supremely presumptuous,” belittling the length of time the UN expert spent in her in-country investigations.

“After a mere 10 days in the Philippines, during which she never visited the NTF barangays but only met a chosen few witnesses, she has the knowledge and the right to tell the Philippine government what to do?” Marcos said in a statement.

Ignorant response

Rights group Karapatan however labeled the Senator as ignorant, saying she should be schooled on international human rights mechanisms like the UN and the International Criminal Court.

“They cannot just sign human rights treaties, conventions and go to town saying that we have a ‘vibrant’ democracy, without being held accountable for the Philippine government’s obligations and commitments in this global rights system,” Karapatan secretary general Cristina Palabay said.

Palabay pointed out that it was the government that invited Khan into the Philippines and her recommendations must be respected as part of the government’s obligations to the international community.

“What they fail to see is that it is simply game over for the NTF-ELCAC, despite all the lights and sounds show, parties and meetings they put up during SR Khan’s official visit,” Palabay said. # (Raymund B. Villanueva)