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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.

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)

Ka Daning Ramos hounded by surveillance, harassment—KMP

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Veteran peasant leader Danilo Ramos and the Kilusang Magbubukid ng Pilipinas (KMP) that he leads is worried.

In a statement, the KMP revealed Ramos had been the subject of surveillance and harassment by men suspected to be government intelligence agents in at least two occasions this month.

Motorcyle-riding men had been asking for the whereabouts of Ramos and his residence in Malolos City, Bulacan on January 3 and 15, KMP reported.

“In one incident, one of the men reportedly asked bystanders: ‘Taga-saan ba si Danilo Ramos? Matagal na namin siyang hinahanap kasi terorista siya.’”  (Where does Danilo Ramos reside? We have long been looking for him because he is a terrorist.)

“This dangerous and brazen case of terror tagging poses a direct threat to the life of Ka Daning, his family, and other peasant leaders and members of the KMP and the progressive peasant movement,” the group said.

KMP and Tanggol Magsasaka (Defend Farmers) noted that the surveillance and harassment against Ramos have escalated since last year.

The last case of documented surveillance against the KMP chairperson happened in August 2023, the group added.

The victim and Tanggol Magsasaka immediately submitted reports to and held dialogues with the Commission on Human Rights on last year’s incident, KMP said.

Ramos was a survivor of the Mendiola Massacre of January 22, 1987 and went on to become a long-time KMP secretary general.

He succeeded Rafael Mariano as KMP chairperson when the latter briefly served as Department of Agrarian Reform (DAR) secretary in 2016 to 2017.

KMP said despite non-stop harassment against Ramos, the farmer leader remains critical and outspoken on the policies and programs of the Department of Agriculture, DAR and Malacanang that affect farmers and fisherfolk.

The government meanwhile has weaponized laws against the agriculture sector , instead of heeding the plight of farmers and strengthening domestic agriculture, it added.

“We demand a stop to the harassment against Ka Daning (Ramos). We demand a stop to the attacks against farmers and the peasant masses who feed the nation,” KMP in its statement said.

“We call on all democracy-loving individuals and institutions, especially workers, human rights defenders, indigenous peoples’ rights advocates, Church people, environment defenders, and all sectors here and abroad to support Danilo “Ka Daning” Ramos and all farmers fighting against landlessness, injustice, and impunity in the Philippines,” the group concluded. # (Raymund B. Villanueva)

Groups slam media security chief for red-tagging ahead of UN expert’s visit

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Media groups and rights defenders condemned government’s top media security official, calling his allegation that a jailed journalist is active in terrorist groups a classic example of red-tagging.

Altermidya and the National Union of Journalists of the Philippines (NUJP) said Presidential Task Force on Media Security (PTFOMS) executive director Paulino Gutierrez’s attack against journalist Frenchie Mae Cumpio also proves the absurdity of his agency’s continued existence.

In his January 4 “Paul’s Alarm” column on JournalnewsOnline, Gutierrez wrote, “Nais din niyang (United Nations Special Rapporteur on freedom of expression and opinion Irene Khan) malaman ang sitwasyon ni Franchie (sic) Mae Cumpio, na kasalukuyang naka-detine sa Palo Provincial Jail sa Leyte dahil sa aktibo nitong papel sa lokal na teroristang grupo ng mga komunista.” (She also wants to know about Franchie (sic) Mae Cumpio’s situation, who is currently detained at the Palo Provincial Jail in Leyte because of her active role in the local terrorist group of communists.)

Altermidya said the official’s allegation is exactly what they mean about red-tagging: government officials linking civilians to alleged communist groups without proof.

“May we remind Mr. Gutierrez that Ms. Cumpio is contesting the charges filed against her in court and has yet to be convicted. There is absolutely no point for anyone, more so a high government official, to forget that ‘everyone is presumed innocent until proven guilty in a court of law,’” Altermidya said in a statement.

In a separate statement, the NUJP said Gutierrez’s accusation highlights precisely how red-tagging has become institutionalized in the Philippines and has become undeclared policy.

“It also shows the absurdity of having a body created for media security in a government task force that actively puts journalists’ security at risk by accusing them of being enemies of the state,” NUJP said.

The group added that Gutierrez’s allegation violates not just the constitutional presumption of innocence but also the Journalist’s Code of Ethics.

Human rights group Karapatan also slammed Gutierrez, saying the official’s red-tagging of Cumpio is hypocritical.

“Here is a big example of the government’s so-called ‘promotion of human rights,’ and yet, the Philippine government is already vilifying human rights defenders and press freedom defenders because they have tagged them as enemies of the state,” Karapatan secretary general Cristina Palabay said.

Braggadocio gone wrong

Ironically, Gutierrez wrote about Khan’s official 10-day visit to the Philippines starting next week in his column, disclosing he is ready to meet with the UN expert on press freedom and freedom of expression.

Gutierrez added it is a significant personal honor for him to lead the country’s preparations for Khan’s visit as chief of the only government agency in the world dedicated to media worker’s rights.

Altermidya however said Gutierrez’s attack against Cumpio is emblematic of their complaints to the UN expert.

“It is exactly this kind of information that we wish Ms. Khan would closely look into in her investigation into the Philippine situation,” Altermidya said.

“The statement of USec Guiterrez highlights the urgency of our appeal to Ms Khan to conduct a thorough investigation on the continued vilification of journalists, affecting the exercise of press freedom and the people’s right to know,” Altermidya said.

Karapatan said that government agencies involved in the visit of the UN Special Rapporteur are the same agencies engaged in red-tagging, terrorist-labelling, filing of trumped up charges, and other forms of violations.

Special jail visit to Frenchie Mae

In his column, Gutierrez revealed that Khan wishes to visit Cumpio in jail.

The youngest journalist in prison in the world today, Cumpio was arrested in February 2020 when she was 20 years old.

A former editor of the student publication University of the Philippines Vista in Tacloban, Cumpio was a broadcaster with Manila Broadcasting Company’s Aksiyon Radyo station in Leyte at the time of her arrest.

She was also the executive director of alternative media outfit Eastern Vista and manager-in-training of Radyo Taclobanon, a women-led disaster resiliency community radio station project in Supertyphoon Yolanda-hit Eastern Visayas.

“Indeed, she is the very Frenchie Mae Cumpio mentioned in laureate Maria Ressa’s Nobel Peace Prize speech,” Altermidya said. # (Raymund B. tVillanueva)

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DISCLOSURE: Altermidya’s statement was issued with the author as reference, being the group’s chairperson. He is also a former NUJP officer. Kodao and the author were Cumpio’s trainers for the Radyo Taclobanon project.