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Rights defenders at UN press calls for NTF-ELCAC abolition, junking of anti-terror act

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GENEVA, Switzerland—The Philippine UPR Watch again called for the abolition of the National Task Force To End Local Communist Armed Conflict (NTF-ELCAC) and the junking of the controversial Anti-Terrorism Act of 2020 in its ongoing participation at the 55th Regular Session of the United Nations Human Rights Council (UN HRC) in this city.

A delegation of the group informed various permanent missions of member states and international civil society organizations based in Geneva last Monday and Tuesday of the results of two recent visits of UN special rapporteurs who denounced government’s red-tagging practices.

The group said they it is attending the session to testify on continuing human rights violations under the Ferdinand Marcos Jr. government.

“We are here to inform the international community that the findings by both special rapporteur on climate change and human rights Ian Fry last November and special rapporteur on freedom of expression and opinion Irene Khan last February that human rights violations continue are true,” Center for Environmental Concerns executive director Lia Mai Torres said.

Philippine UPR Watch said the rest of UN member states must be informed that both experts recommended the abolition of the NTF-ELCAC and called for the review of the anti-terror law that are being used against human rights defenders and other civilians.

A network of human rights defenders in the Philippines, the Philippine UPR Watch said it is scheduled to deliver oral interventions at the UNHRC session and its other events to give updates on the government’s lack of compliance to its commitments to the international body 20 months after the last review on the Philippines.

 “The Marcos Jr. government wants to paint a rosy picture of so-called improved rhetoric and improved conditions but we are here both as victims and witnesses that anti-people policies have not changed as evidenced by the exit statements by Mr. Fry and Ms. Khan,” Torres added.

Clergywoman as victim of weaponized law

Among the main topics in the 55th UN HRC session are discussions on countering religious hatred and social security and public services.

With the Philippine UPR Watch delegation is Rev. Glofie Baluntong of the National Council of Churches in the Philippines who was among the first charged by the government under the controversial Anti-Terror Law of 2020.

Based on an earlier murder charge in August 2021, Baluntong was slapped with an alleged violation of the Anti-Terror Act in August 2022 which was recently dismissed by the public prosecutor for lack of merit.

“But the dismissal came with the warning that the case may be re-filed anytime that the military or the police decides to do so,” the clergyperson said.

The United Methodist Church pastor was charged by the military of assisting the New People’s Army.

But the pastor said she was performing necrological services to a member of her church at the time she committed the alleged murder she was initially charged with.

“The government is saying that my work with the indigenous people’s communities make me an enemy of the state,” Baluntong said.

Baluntong said that red-tagging attacks and trumped-up charges prevent her from performing her ministry with the indigenous peoples and poor communities in her home province of Mindoro.

With Baluntong and Torres is IBON Foundation executive director Sonny Africa who said that his participation in the 55th session is in preparation for the anticipated official visit of the UN special rapporteur on extreme poverty.

Africa is also expected to participate in the panel discussion on challenges and good practices to realize the right to social security and to provide quality public services.

Delegation co-leader and Karapatan legal counsel Ma. Sol Taule  said, “This delegation supports suggestions made by the UN experts who recently visited the Philippines to continue our engagements leading to the submission of their respective final reports to the UN HRC.”

The Philippine UPR Watch delegation is also scheduled to speak at forums in various cities in Switzerland and throughout Europe during the duration of the UN HRC session. # (Raymund B. Villanueva)

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[DISCLOSURE] The reporter is a member of the PH UPR Watch delegation as chairperson of the People’s Alternative Media Network that also spoke with UN special rapporteur on freedom of expression and opinion Irene Khan in her visit to the Philippines earlier this year.

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]

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)

Activist leader files suit vs red-tagging duo Celiz-Badoy

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Veteran activist and Bagong Alyansang Makabayan’s (BAYAN) chairperson Teddy Casiño filed a civil suit against his “most vicious red-taggers” Lorraine Badoy-Partosa and Jeffery Celiz at the Makati Prosecutor’s Office last Monday, December 18.

In a statement, Casiño said his legal action had been long overdue as the respondents had been “falsely, maliciously, and repeatedly” accused him of being involved in terrorism, rebellion and other crimes as a supposed high ranking official of the Communist Party of the Philippines, the New People’s Army and the National Democratic Front of the Philippines.

“They have been constantly spewing lies, aspersions, inciting ridicule and hate against me, my family, my fellow activists and our legitimate political beliefs and activities,” Casiño said.

Casiño’s filing came a few days after both Badoy-Partosa and Celiz were released from the House of Representatives detention facility where they have been held for a week for contempt.

After admitting they were wrong in their accusation that House Speaker Ferdinand Martin Romualdez had more than a billion pesos in foreign travel funds and apologizing to legislators, the two were freed on humanitarian grounds last December 16.

Their controversial show on Sonshine Media Network International (SMNI) was also ordered suspended for 14 days starting December 14 by the Movie and Television Review and Classification Board (MTRCB) for “death threats, profane language, and unverified news content.”

Casiño said the hearings conducted on SMNI’s alleged violations of its franchise showed how the respondents lie and falsely accuse victims of their red-tagging spree.

BAYAN chairperson Teddy Casiño after filing his complaint vs Badoy-Partosa and Celiz.

“There is even a point that my travels to my home province have been maliciously maligned,” he said.

Casiño added that Celiz and Badoy-Partosa’s lies, hate speech and death threats are magnified by mercenary trolls and fake accounts, affecting his family’s reputation and integrity he has built and protected for many years.

“As a Leftist activist, I have been called many things by my detractors. But to be falsely and repeatedly accused of being a high ranking official of an organization arbitrarily designated by the Anti Terrorism Council as a terrorist organization, and accused of orchestrating the death of thousands and the destruction of the country, is just too much,” he said.

The veteran government and street parliamentarian added that he and other victims suffer dismay, unease, anger, stress and countless sleepless nights because of Celiz and Badoy-Partosa.

Casiño’s complaint was filed after mother and son Carol and Alfonso Tomas (Atom) Araullo, media organizations and other entities have filed various complaints against the red-tagging duo and SMNI before various courts, the MTRCB, the Office of the Ombudsman and the National Telecommunications Commission.

“I file this case not only for myself but for the sake of countless other activists and ordinary citizens who are being victimized on a daily basis by SMNI and the NTF-ELCAC. This must stop. Badoy-Partosa, Celiz and their fellow red-taggers must answer for their lies and attacks,” Casiño said. # (Raymund B. Villanueva)

Marcos government no better than Duterte’s, rights defenders say

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Like previous governments, the Ferdinand Marcos Jr. administration is failing to comply with its obligations under the Universal Declaration of Human Rights (UDHR), a human rights group said.

On the 75th anniversary of the signing of the international treaty last Sunday, December 10, human rights alliance Karapatan said the Ferdinand Marcos Jr. government, much like the preceding Rodrigo Duterte regime, is committing various violations of human rights and the international humanitarian law amid widespread and intensifying poverty of Filipinos.

“Among the most violated is the right to life. As of November 2023, (we have) documented 87 extrajudicial killings in the course of the Marcos Jr. regime’s brutal counter- insurgency war since he began his term in July 2022,” the group said.

Among those killed by government personnel was a nine-year old girl to a mentally ill farmer,” Karapatan revealed.

The group also said there have been 12 victims of enforced disappearance; 316 victims of illegal and arbitrary arrest; 22,391 victims of bombing; 39,769 victims of indiscriminate firing; 24,670 victims of forced evacuation; 552 victims of forced surrender; and 1,609,49 6 victims of threats, harassment and intimidation, including red-tagging.

Karapatan added hundreds are facing “trumped up charges,” including 795 political detainees in the country’s notoriously overcrowded prisons.

At least seventeen of political prisoners are peace consultants of the National Democratic Front of the Philippines (NDFP) in its peace process with the Manila government.

Rights defenders pelt effigies of Marcos Jr., Duterte-Carpio and US imperialism with red paint and eggs in Manila on International Human Rights Day 2023. (Karlo Manalansan/Bulatlat)

Violations in the name of counter-insurgency

The country’s most active human rights alliance said the Marcos government has continued to implement repressive laws such as the Anti-Terrorism Act of 2020 to suppress dissent as well as derail development and humanitarian work.

“The wrongful designation of peace consultants and negotiators, as well as community and indigenous people’s leaders, and the baseless charges against human rights defenders have exposed the weaponization of these laws to violate the people’s constitutional rights,” Karapatan said.

The group also condemned the government’s counter-insurgency program and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) as a “militarist whole-of-nation approach” that go after human rights defenders, instead of addressing the roots of the civil wars in the country.

Karapatan, which co-organized the 2023 International Human Rights Day protests in Manila with Bagong Alyansang Makabayan last Sunday, said killings under the government’s anti-drug programs continue.

It revealed that the Dahas Project of the Third World Studies Program of the University of the Philippines has documented at least 474 drug-war related killings under Marcos.

This belies Marcos government’s claims that its version of the drug war is “bloodless”, the group said.

“Despite Marcos Jr.’s cultivated facade, the sordid figures on rights violations prove that he is his dictator-father’s son and his regime, a continuation of that of his predecessor Rodrigo Duterte. Duterte himself is accountable for up to 30,000 deaths in his bloody war on drugs and the killings of 422 activists, on top of other grave violations of human rights,” Karapatan secretary general Cristina Palabay said.

Rights defenders elsewhere in the Philippines also held protest rallies in Baguio, Southern Tagalog, Naga, Legazpi, Bacolod, Iloilo, Roxas, Kalibo and Davao while Filipino activists at the Climate Change Summit in Dubai also attended international human rights day in the emirate. # (Raymund B. Villanueva)

‘The NTF-ELCAC should be disbanded’

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“It is evident that the NTF-ELCAC (National Task Force to End Local Communist Armed Conflict is using its powers to protect key economic interests in the country. This has nothing to do with anti-terrorism or anti-communism. The military’s gross overreaction to people trying to defend their right to a safe, clean health and sustainable environment is totally unacceptable. The NTF-ELCAC should be disbanded.”—United Nations Special Rapporteur on the Promotion and Protection of Human Rights in the Context of Climate Change Ian Fry

(Image by Jo Maois D. Mamangun)

Rights groups laud UN expert recommendation to abolish NTF-ELCAC, repeal anti-terror law

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Environmental and human rights groups hailed a United Nations (UN) expert’s recommendations to abolish the government’s anti-insurgency task force and the country’s anti-terrorism law after a 10-day investigation in the Philippines.

In a joint statement, the Kalikasan People’s Network for the Environment (Kalikasan PNE) and the Philippines UPR (Universal Periodic Review) Watch said they welcome the statement made by UN Special Rapporteur on Climate Change and Human Rights Dr. Ian Fry recommending the abolition of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and the repeal of Republic Act No. 11479, the Anti-Terrorism Act (ATA) of 2020.

In his exit statement last Wednesday, November 15, Fry said he listened to complaints by indigenous peoples groups, environmental rights defenders and other civil society organizations  who were abducted, bombed and killed for opposing reclamation projects, hydro-electric dams, destructive mining and deforestation.

“They told me horrific stories on how they have been treated. I have listed in my recommendations to disband the NTF-ELCAC because it is clear that it’s operating beyond its original mandate,” Fry said.

“It is evident that the NTF-ELCAC is using its powers to protect key economic interests in the country. This has nothing to do with anti-terrorism or anti-communism. The military’s gross overreaction to people trying to defend their right to a safe, clean health and sustainable environment is totally unacceptable. The NTF-ELCAC should be disbanded,” Fry added.

The expert also said he would recommend ATA’s repeal after hearing stories of “totally unreasonable” designation of church and humanitarian workers as so-called terrorists whose funds are being held by the government.

Kalikasan PNE and the Philippine UPR Watch said Fry’s findings are welcome as they “(make) it clear that President Ferdinand Marcos Jr.’s posturing as a climate change advocate” are merely for show.”

Rights group Karapatan also lauded Fry’s exit statement, saying it puts on center stage “the sinister role played by the NTF-ELCAC and the dangerous impact of the terror law on the lives and safety of environmental human rights defenders in the country.

The group noted that the Philippines is one of the world’s deadliest countries and Asia’s worst for environmental defenders in the past 10 years.

“Killings of environmental defenders peaked during the Duterte regime, which accounted for 205 or 73% of the 281 extra-judicially from 2012 to 2022,” Karapatan revealed.

The group added that the Marcos Jr. government is not doing better, citing the case of anti-Manila Bay reclamation campaigners who revealed being abducted by the NTF-ELCAC and the Philippine Army last September.

Bato, Task Force take exception

Reacting to the UN expert’s recommendations, Senator Ronald dela Rosa said Fry is “one of the most misinformed foreigners.”

In a budget hearing at the Senate Wednesday night, dela Rosa said Fry’s views might have changed if he only involved NTF-ELCAC in his investigations.

National security adviser and NTF-ELCAC vice chairperson Eduardo Año also said Fry should have met with the task force “to ensure that he has a full appreciation of the body’s mandate, operations, and overall directions.”

The NTF-ELCAC said it will seek a dialogue with Fry in the future.

Move to defund

But Karapatan said NTF-ELCAC’s “boilerplate responses” to Fry’s observations “further expose its propensity to disregard and distort human rights.”

“NTF-ELCAC’s statement that it is a ‘working and effective human rights mechanism’ is a ludicrous claim, considering its track record of propagating lies and its long list of crimes against the Filipino people,” Karapatan said.

The group said Fry should instead be commended for lending his voice to the growing call for an end to the NTF-ELCAC and ATA menace on people’s rights.

Karapatan added it anticipates Fry’s full report on his official visit to the Philippines to the UN Human Rights Council in June 2024.

“We hope that he can also look further into the militarist approach in the counterinsurgency policy of the Marcos Jr. – Duterte administration that drives NTF-ELCAC and the use of the terror law against environmental defenders and communities, as well as the neoliberal policies that spur destructive big reclamation, dam and mining projects that displace and violate rights of the people,” Karapatan said.

Meanwhile, Bagong Alyansang Makabayan said that in line with Fry’s recommendations, Congress should immediately move to defund NTF-ELCAC to prevent more human rights abuses in the country. # (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)

Learning from the young and brave

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By Nuel M. Bacarra

In the morning of September 19, a press conference organized by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) was held to present two new trophies, young “surrenderers” to the public. But the presscon blew up in the face of NTF-ELCAC personnel when Jonila Castro bravely revealed that she and Jhed Reiyana Tamano were abducted by the military forces and were forced to surrender because of the threat to their lives.

The presscon was broadcast live on a local government unit public information office Facebook page as well as on SMNI, galvanized church, rights defenders and activist groups to troop to Plaridel, Bulacan to demand for their immediate release.

I joined them to cover the event. We arrived past lunchtime, finding several Bulacan State University students already protesting in front of the municipal hall, faced by a phalanx of police personnel. The students took off their footwear and placed these in between themselves and the police, symbolizing the two sandals left behind when Jonila and Jhed were abducted in Orion, Bataan on September 2.

Upstairs, in front of the mayor’s office, I waited with fellow journalists, waiting for further developments. Jhed and Jonila were being kept at the mayor’s office as the local chief executive was deciding on her next move as the military did not want to surrender the two victims to her custody. Jhed and Jonila are Plaridel residents.

Minutes before three in the afternoon, I heard loud voices at the ground floor. I rushed downstairs and saw the police personnel dispersing the protesters. A protester was shouting “Huwag kayong manulak!” (Don’t push us!). I saw a young girl got hit by a policeman randomly punching the protesters. The youth pleading with the officers not to push was also hurt.

The police failed to disperse the protesters. Soon, they reasserted their place in front of the building’s main door and resumed their protest. This time, they faced the onlookers, some of them approaching and explaining what is happening at the mayor’s office. By then, Jonila’s parents have arrived with their lawyers and Makabayan bloc Representatives Arlene Brosas and Raoul Manuel to negotiate with the mayor.

I tried going back to where Jonila and Jhed were being kept to get more direct information but was no longer allowed by the police. We soon received information that the two would be brought to the Commission on Human Rights (CHR) where the turnover of Jhed and Jonila to their families and supporters would take place. I asked to myself, “Why not turn them over now as family and lawyers are already there?” Then I thought, the mayor must be covering her behind because of the military’s objection to the victim’s release.

Minutes later, we saw Jonila and Jhed coming out of the building with their lawyers and family. We ran to our vehicles to join the convoy to Quezon City. As we approached the CHR headquarters after a mad dash from Bulacan, we saw activists lined up along Commonwealth Avenue who rushed into the compound as soon as our vehicles arrived.

We were allowed to take photos inside the conference room where the victims and their supporters were ushered in. We were asked thereafter to leave as the meeting would be closed door.

I made my way out of the building to take photos of the protesters. It was past six in the evening and I was really hungry at the time. A protester offered me a snack which I wolfed down as we waited for further developments.

After a while, we were told that Jhed and Jonila would be addressing the crowd.

The two thanked their supporters, saying their freedom is also because of the clamor for them to be surfaced. They said they knew people were looking for them and reiterated the correctness of what they are fighting for: a stop to the reclamation projects at Manila Bay.

The saga of Jhed and Jonila are far from over, however. The military and the NTF-ELCAC are doubling down on their canard that the two voluntarily surrendered. I think, though, the sandals left behind when the victims struggled during their abduction could not have been staged. And between two young girls and the NTF-ELCAC, who do we immediately see as liars?

That Tuesday had been the longest and most tiring day of coverage that I have had so far since I joined Kodao. I am a senior citizen with many bodily aches and pains associated with my age. I did not know I could still do it. But the significance of the events made me forget all these.

Jonila Castro and Jhed Reiyana Tamano, young as they are, showed us how to deal with state terrorism. They spoke the truth and turned the table around on their captors. Their courage is a shining example, showing the world how people’s rights are violated in the Philippines and how these are asserted and won. #