Philippines
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Philippines: Halt harassment against human rights defenders
President of the Republic of the Philippines
Malacañang Palace Compound
P. Laurel St., San Miguel, Manila
The Philippines.Dear President Marcos, Jr.,
Philippines: Halt harassment against human rights defenders
CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society worldwide. Founded in 1993, CIVICUS has over 15,000 members in 175 countries.
We are writing to you regarding a number of cases where human rights defenders are facing judicial harassment or have been designated as terrorists, putting them at great risk.
Judicial harassment against previously acquitted human rights defenders
CIVICUS is concerned about renewed judicial harassment against ten human rights defenders that had been previously acquitted for perjury. In March 2023, a petition was filed by prosecutors from the Quezon City Office of the Prosecutor, with General Esperon and current NSA General Eduardo Ano seeking a review of a lower court’s decision against the ten human rights defenders. They include Karapatan National Council members Elisa Tita Lubi, Cristina Palabay, Roneo Clamor, Gabriela Krista Dalena, Dr. Edita Burgos, Jose Mari Callueng and Fr. Wilfredo Ruazol as well as Joan May Salvador and Gertrudes Libang of GABRIELA and Sr. Elenita Belardo of the Rural Missionaries of the Philippines (RMP).
The petition also includes the judge that presided over the case Judge Aimee Marie B. Alcera. They alleged that Judge Alcera committed “grave abuse of discretion” in acquitting the defenders. The petition is now pending before the Quezon City Regional Trial Court Branch 84 Presiding Judge Luisito Galvez Cortez, who has asked the respondents to comment on Esperon’s motion this July and has scheduled a hearing on 29 August 2023.
Human rights defenders designated as terrorists
CIVICUS is also concerned that on 7 June 2023, the Anti-Terrorism Council (ATC) signed Resolution No. 41 (2022) designating five indigenous peoples’ leaders and advocates - Sarah Abellon Alikes, Jennifer R. Awingan, Windel Bolinget, Stephen Tauli, and May Casilao - as terrorist individuals. The resolution also freezes their property and funds, including related accounts.
The four indigenous peoples’ human rights defenders – Alikes, Awingan, Bolinget and Tauli — are leaders of the Cordillera People’s Alliance (CPA). May Casilao has been active in Panalipdan! Mindanao (Defend Mindanao), a Mindanao-wide interfaith network of various sectoral organizations and individuals focused on providing education on, and conducting campaigns against, threats to the environment and people of the island, especially the Lumad. Previously, on 7 December 2022, the ATC signed Resolution No. 35 (2022) designating indigenous peoples’ rights defender Ma. Natividad “Doc Naty” Castro, former National Council member of Karapatan and a community-based health worker, as a “terrorist individual.”
The arbitrary and baseless designation of these human rights defenders highlights the concerns of human rights organizations against Republic Act No. 11479 or the Anti-Terrorism Act, particularly on the weaponization of the draconian law against political dissent and human rights work and advocacy in the Philippines and the dire implications on the rights to due process and against warrantless arrests, among others.
Anti-terrorism law deployed against activists in the Southern Tagalog region
We are also concerned about reports that the Anti-Terrorism Act (ATA) has been deployed to suppress and persecute human rights defenders in the Southern Tagalog region, which has the most number of human rights defenders and other political activists criminalised by this law. As of July 2023, up to 13 human rights defenders from Southern Tagalog face trumped-up criminal complaints citing violations under the ATA. Among those targeted include Rev. Glofie Baluntong, Hailey Pecayo, Kenneth Rementilla and Jasmin Rubio.
International human rights obligations
The Philippines government has made repeated assurances to other states that it will protect human rights defenders including most recently during its Universal Periodic Review in November 2022. However, the cases above highlight that an ongoing and unchanging pattern of the government targeting human rights defenders.
These actions are also inconsistent with Philippines’ international human rights obligations, including those under the International Covenant on Civil and Political Rights (ICCPR) which Philippines ratified in 1986. These include obligations to respect and protect fundamental freedoms which are also guaranteed in the Philippines Constitution. The Philippines government also has an obligation to protect human rights defenders as provided for in the UN Declaration on Human Rights Defenders and to prevent any reprisals against them for their activism.
Therefore, we call on the Philippines authorities to:
- Immediately end the judicial harassment against the ten human rights defenders by withdrawing the petition in the Quezon City Regional Trial Court Branch 84;
- Repeal Resolution No. 35 (2022) designating the six human rights defenders as terrorist individuals and unfreeze their property and funds immediately and unconditionally;Drop all charges under the ATA against activists in the Southern Tagalog region;
- Halt all forms of intimidation and attacks on human rights defenders, ensure an enabling environment for human rights defenders and enact a law for their protection.
We urge your government to look into these concerns as a matter of priority and we hope to hear from you regarding our inquiries as soon as possible.
Regards,
Sincerely,
David Kode
Advocacy & Campaigns Lead.
CIVICUS: World Alliance for Citizen ParticipationCc:
Eduardo Año, National Security Adviser and Director General of the National Security Council
Jesus Crispin C. Remulla, Secretary, Department of Justice of the Philippines
Atty. Richard Palpal-latoc, Chairperson, Commission on Human Rights of the Philippines
Civic space in the Philippines is rated as "Repressed" by the CIVICUS Monitor.
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Philippines: Halt judicial harassment and investigate killing of activists
Hon. Menardo Guevarra
Secretary, Department of Justice
Padre Faura St., Ermita, Manila,
Philippines 1000
Dear Secretary Guevarra,
RE: Halt judicial harassment and investigate killing of activists in the Philippines
CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, CIVICUS has more than 10,000 members in more than 175 countries throughout the world.
We are writing to you with regards to recent reports we have received on the judicial harassment of human rights defenders in the Philippines as well as allegations of extrajudicial killings of activists. We are concerned that harassment and attacks continue to be perpetrated against those who are “red-tagged” and accused of supporting the communist insurgency. The government’s anti- insurgency campaign has failed to distinguish between armed combatants and civilians, including human rights defenders. As a consequence, many groups and individuals have been targeted simply because of their critical views of the government. We set out our concerns in more details below.
Fabricated charges filed against human rights defenders
The chairperson of human rights group Karapatan Elisa “Tita” Lubi and Karapatan – Southern Mindanao Southern Mindanao Region Secretary General Jayvee Apiag are currently facing attempted murder charges which we believe have been fabricated. The charges were filed by Corporal Elvin Jay Claud in relation to an alleged 20 May 2018 armed encounter between elements of the New People’s Army and the Philippine Army’s 89th Infantry Battalion and 10th Infantry Division in Sitio Balite, Brgy. Salapawan, Paquibato District, Davao City. The case was only filed on 3 June 2020 — two years after the alleged encounter.[1]
Jayvee Apiag has testified that at the time of the incident he was at Barangay Madaum, in Tagum City, to conduct a fact-finding mission on the extrajudicial murder of Ariel Maquiran, a banana plantation worker. Elisa “Tita” Lubi, has also shared evidence with the courts confirming her presence in Metro Manila preceding, during and following the alleged incident. In addition to exculpatory evidence, it is also implausible that Lubi was engaged in armed combat as she is 76 and is suffering from hypertension and arthritis.[2] We are also seriously concerned that Lubi and Apiag were also deprived of due process: they did not receive subpoenas to participate in the preliminary investigation of the case to assert their innocence and avail of appropriate remedies for the case’s dismissal.[3]
In a separate incident, on the morning of 21 March 2021, Karapatan human rights worker, Renalyn Tejero was detained after a raid on her apartment in Cagayan de Oro City by the Philippine National Police and Philippine Army. She was shown a warrant and was only able to read the words “homicide” and “RTC 34, Cabadbaran.” She was also interrogated without a lawyer, despite requesting one. Tejero is now facing murder and attempted murder charges which we believe to be fabricated. She has been accused by four soldiers of the 12th Scout Ranger Company of the 4th Scout Ranger Battalion of the Philippine Army in the alleged murder of Corporal Marion Suson, in an encounter with supposed New People’s Army members on 9 November 2019. Renalyn Tejero is currently being held at the Police Regional Office (PRO) 13’s headquarters at Camp Colonel Rafael Rodriguez in Butuan City. Previously, in November 2020, she was red-tagged by a group named "Movement against Terrorism," along with 32 other individuals from various progressive organizations in the Caraga region.[4]
CIVICUS believes these trumped-up charges are a clear form of reprisal on the human rights defenders’ efforts to hold government officials including President Rodrigo Duterte accountable.
Killing of nine human rights defenders and political activists
On 7 March 2021, police and military conducted raids across four provinces throughout the Southern Tagalog region that led to the killing of nine human rights defenders and political activists.
- Ariel Evangelista was a human rights defender and leader of the progressive group for fisherfolk, People’s Solidarity Against Environmental and Land Destruction, UMALPAS KA) a community organization that monitors the impact of eco-tourism projects in Batangas.[5] His partner, Anna Mariz Lemita-Evangelista, was a staunch supporter of coastal protection in Batangas, and an educator and community organizer in Cavite.[6] Police shot dead both human rights defenders during a raid on their house in Barangay Calayo, Nasugbu, Batangas.
- Emmanuel Asuncion, a labour organizer and the coordinator of the Cavite chapter of BAYAN, a left-wing group, was shot dead by policemen in the office of the Workers' Assistance Center (WAC) in Dasmariñas in Dasmariñas, Cavite.[7]
- Melvin Dasigao[8] and Mark Bacasno[9] were human rights defenders, youth organisers, and members of SIKKAD K3, a group working for the rights of the urban poor, who were killed in Rodriguez.
- Puroy Dela Cruz and Randy Dela Cruz of the indigenous Dumagat tribe were shot dead by the police in Sitio Mina, Barangay Sta. Inez, Tanay, Rizal.[10]
- Urban poor activists Abner Esto and Edward Esto were killed by the police in sitio Macaingalan, Barangay Puray, Rodriguez, Rizal.[11]
Six others have been arrested: labour activists Esteban Mendoza, Elizabeth Camoral, Ramir Corcolon, Arnedo “Nedo” Lagunias and Eugene Eugenio; and human rights worker Nimfa Lanzanas. The raids were reportedly conducted as part of the joint operations of the Philippine National Police (PNP) and the Philippine Army under Case Operation Plan ASVAL against individuals and organizations that they have red-tagged as members or fronts of “communist terrorist groups.” On 5 March 2021, two days before the raids, President Rodrigo Duterte ordered the police and military to “kill” and “finish off” all communist rebels should they find themselves in an armed encounter, and to “forget human rights” in the process.
Security forces claimed that the nine killed during the raids resisted arrest or exchanged gunfire, and that firearms and explosives were recovered from those arrested[12]. Testimonies from their families, witnesses, and neighbors disprove these claims, asserting that they were unlawfully killed and the firearms and explosives recovered from the raids were planted. No one has been held accountable for their killings.
In a separate incident on 28 March, Dandy Miguel, a union leader and labour rights activist, was killed in the province of Laguna. He was gunned down by a still unidentified man while riding his motorcycle in Barangay Canlubang. Miguel, 35, was the vice chairperson of Pagkakaisa ng Manggagawa sa Timog Katagalugan (PAMANTIK-KMU), a labour rights center based in Southern Tagalog.[13]
International human rights obligations
The Philippines government has made repeated assurances to other states that it will investigate and address human rights violations. Indeed, such assurances have been used to deter further international scrutiny on the country. However, the charges brought against Elisa “Tita” Lubi, Jayvee Apiag and Renalyn Tejero highlight that an ongoing and unchanging pattern of the government targeting human rights defenders with trumped-up charges. Extrajudicial murders of human rights defenders with a complete lack of accountability brings into even starker question the Philippines’ intention and ability to uphold its commitments.
These actions are also inconsistent with Philippines’ international human rights obligations, including those under the International Covenant on Civil and Political Rights (ICCPR) which Philippines ratified in 1986. These include obligations to respect and protect fundamental freedoms which are also guaranteed in the Philippines Constitution. The Philippines government has an obligation to protect human rights defenders as provided for in the UN Declaration on Human Rights Defenders and to prevent any reprisals against them for their activism.
The killings of the of the nine activists reflect findings from human rights groups as well as the UN High Commissioner for Human Rights’ June 2020 report that there have been widespread and systematic human rights violations by the government, including the killing of human rights defenders, since 2016 when President Duterte took power.[14] These violations are in contravention of the right to life guaranteed under the ICCPR. Further, these actions contravene the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials which states that force should be used only as a last resort, in proportion to the threat posed, and should be designed to minimise damage or injury.
Therefore, we call on the Philippines authorities to:
- Immediately dismiss the malicious and fabricated charges against Elisa “Tita” Lubi, Jayvee Apiag and Renalyn Tejero and release all other human rights defenders who have been arbitrarily detained for their activism;
- Ensure prompt, thorough, and effective investigations into the reports of unlawful killings of the ten activists, and ensure that those suspected of involvement are brought to justice;
- Send a clear public message to all security forces in the region, that unlawful killings are unacceptable and strictly prohibited at all times; and
- Halt all forms of intimidation and attacks on human rights defenders, ensure independent and effective investigations into their killings and enact of a law for their protection.
David Kode,
Advocacy and Campaigns Lead,
CIVICUS: World Alliance for Citizen Participation
[1] ‘Rights workers challenge arrest warrants in Davao court’, Bulatlat, 30 March 2021, https://www.bulatlat.com/2021/03/30/rights-workers-challenge-arrest-warrants-in-davao-court/
[2] ‘Rights group urge court to reinvestigate murder charges on chairperson and regional officer’, Davao Today, 31 March 2021, http://davaotoday.com/main/human-rights/rights-group-urge-court-to-reinvestigate-murder-charges-on-chairperson-and-regional-officer/
[3] Urgent appeal for action to dismiss trumped up and malicious charges against Filipino human rights defenders’ Karapatan, 1 April 2021, https://www.karapatan.org/urgent+appeal+for+action+to+dismiss+trumped+up+and+malicious+charges+against+filipino+human+rights+defenders
[4] ‘Fast Facts: Who is Renalyn Tejero, the Lumad activist arrested in Cagayan de Oro?’, Rappler, 24 March 20201, https://www.rappler.com/newsbreak/iq/things-to-know-renalyn-tejero-lumad-activist
[5] Ariel Evangelista and 4 Other HRDs killed and four arrests in coordinated raids by police and military’, Frontline Defenders, 12 March 2021, https://www.frontlinedefenders.org/en/case/ariel-evangelista-4-other-hrds-killed-and-four-arrested-coordinated-raids-police-and-military
[6] ‘Chai Lemita-Evangelista, youth leader and community organizer’, Bulatlat, 16 March 2021, https://www.bulatlat.com/2021/03/16/chai-lemita-evangelista-youth-leader-and-community-organizer/
[7] ‘Bloody Sunday 'chase'? Cops search home, kill activist in another town’, Rappler, 8 March 2021, https://www.rappler.com/nation/police-search-home-kill-activist-another-town-cavite
[8] Melvin Dasigao, Frontline Defenders, 8 March 2021, https://www.frontlinedefenders.org/en/profile/melvin-dasigao
[9] Mark Bacasno, Frontline Defenders, 8 March 2021, https://www.frontlinedefenders.org/en/profile/mark-lee-coros-bacasno
[10] ‘4 other victims of #BloodySunday killings identified’, Philippines Reporter, 12 March 2021, https://philippinereporter.com/index.php/2021/03/12/4-other-victims-of-bloodysunday-killings-identified/
[11] Ibid.
[12] ‘Philippine police kill 9 in raids on suspected rebels’, Associate Press, 8 March 2021, https://apnews.com/article/philippines-police-manila-718cd406f3fad454c6a72e873b4aef45
[13] ‘Labor rights leader shot dead in Laguna’, 29 March 2021, Rappler, https://www.rappler.com/nation/labor-rights-leader-dandy-miguel-killed-laguna-march-28-2021
[14] ‘Philippines: UN report details widespread human rights violations and persistent impunity’, OHCHR, 4 June 2020, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25924&LangID=E
The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Philippines as Repressed.
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Philippines: Human rights defender Teresita Naul released after courts dismiss trumped-up charges
CIVICUS, the global civil society alliance, welcomes the release of human rights defender Teresita Naul. Her arrest and prosecution highlight how activists in the Philippines are often vilified and criminalised for their activism under the Duterte regime.
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Philippines: Human Rights Organisations Condemn Renewed Judicial Harassment Against Human Rights Defenders
We, the undersigned organisations, are in solidarity with human rights defenders (HRDs) in the Philippines. We support their continuing pursuit for the universality, indivisibility, and interdependence of human rights. We strongly condemn the renewed judicial harassment faced by ten HRDs who were acquitted of perjury on 9 January 2023.
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Philippines: Indigenous rights activists at risk after being tagged as ‘terrorists’
The government in the Philippines has officially labelled a number of local indigenous rights activists, as well as a United Nations Special Rapporteur, as “terrorists”.
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Philippines: International community must support independent investigative mechanism to end attacks on civil society
CIVICUS, the global civil society alliance, continues to call on the UN Human Rights Council to establish an independent investigative mechanism to address human rights violations and abuses in the Philippines to further accountability and justice. A new brief published today, shows that one year on from the adoption of a profoundly weak resolution at the Council, serious civic freedoms violations continue to occur, creating a chilling effect within civil society.
The CIVICUS Monitor has documented the arbitrary arrest and detention of human rights defenders and activists on fabricated charges. In a number of instances, the activists have been vilified and red-tagged – labelled as communists or terrorists – in relation to their work prior to their arrest. There have also been reports of evidence planted by the police and military forces to justify arrests or violence against activists.
Activists have been killed over the last year, both by the security forces and by unknown individuals. In many instances, activists were killed after being red-tagged. In virtually none of the cases has anyone been held accountable for the killings. In one incident, nine community-based activists were killed in coordinated raids, known as the ‘Bloody Sunday’ killings, which took place across four provinces in the Calabarzon region on 7 March 2021 by members of the Philippine security forces. The killing of journalists as well as judicial harassment against them has also persisted.
In July 2021, the Philippine government and the UN formalised a human rights programme which includes strengthening domestic investigation and accountability mechanisms; improved data gathering on alleged police violations; civic space and engagement with civil society and the Commission on Human Rights (CHR) to be implemented.“The current actions by the UN Human Rights Council have failed to deter the criminalisation and attacks against activists and journalists, which has continued over the year, with impunity. The new joint programme seems to be just more window dressing by the Duterte regime to evade accountability. It is time for the international community to listen to civil society voices and establish an independent investigation to hold the perpetrators to account”, said Lisa Majumdar, CIVICUS UN advocacy officer.
Human rights groups have also documented an assault on the judiciary. An investigative report by the Free Legal Assistance Group (FLAG) found that at least 61 lawyers, judges and prosecutors have been killed under the Duterte administration since 2016. There have been no convictions so far in any of the deadly attacks recorded.
The new brief outlines other tactics used to silence civil society that have ranged from freezing their accounts to launching smear campaigns against them. In June 2021, the Anti-Money Laundering Council (AMLC) froze the bank accounts of Amihan, an organisation of peasant women, which the authorities alleged were linked to communist rebels. Bank accounts of eight other nongovernmental organisations and civil society groups based in Mindanao were also covered by the order.
Human rights alliance Karapatan has been subject to a spate of cyberattacks since July 2021 against its website, amid an online solidarity campaign #StopTheKillingsPH, which calls on the government to stop attacks against human rights defenders. Earlier attacks against Karapatan and alternative media outlets were traced by Qurium - Sweden-based media foundation - to the Office of the Assistant Chief of Staff for Intelligence of the Philippine Army as well as the Department of Science and Technology.
“Civil society groups have been at the forefront of monitoring violations perpetrated by authorities around the deadly war on drugs, and their assaults on activists. Despite the threats and litany of attacks against them, they have refused to be silenced. The international community owes them support and protection,” said Majumdar.
Following tireless research and advocacy efforts by civil society, in June 2021, the International Criminal Court (ICC) Prosecutor Fatou Bensouda requested judicial authorisation to proceed with an investigation into crimes committed in the Philippines from 1 November 2011 - the date the Philippines became an ICC member - until 16 March 2019. On 15 September 2021, Pre-Trial Chamber I of the International Criminal Court granted the Prosecutor’s request to commence the investigation in a landmark development.
In December 2020, the CIVICUS Monitor, a global research collaboration that rates and tracks respect for fundamental freedoms in 196 countries, downgraded the Philippines from ‘obstructed’ to ‘repressed’ in its People Power Under Attack report 2020.
More information
Download the Philippines research brief here.
Interviews
To arrange interviews, please contact Josef Benedict, CIVICUS Asia-Pacific Civic Space Researcher and
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Philippines: International community must support independent investigative mechanism to end attacks on civil society
New research on the state of civic freedoms in the Philippines
CIVICUS, the global civil society alliance, continues to call on the UN Human Rights Council to establish an independent investigative mechanism to address human rights violations and abuses in the Philippines to further accountability and justice. A new brief published today, shows that one year on from the adoption of a profoundly weak resolution at the Council, serious civic freedoms violations continue to occur, creating a chilling effect within civil society.
The CIVICUS Monitor has documented the arbitrary arrest and detention of human rights defenders and activists on fabricated charges. In a number of instances, the activists have been vilified and red-tagged – labelled as communists or terrorists – in relation to their work prior to their arrest. There have also been reports of evidence planted by the police and military forces to justify arrests or violence against activists.
Activists have been killed over the last year, both by the security forces and by unknown individuals. In many instances, activists were killed after being red-tagged. In virtually none of the cases has anyone been held accountable for the killings. In one incident, nine community-based activists were killed in coordinated raids, known as the ‘Bloody Sunday’ killings, which took place across four provinces in the Calabarzon region on 7 March 2021 by members of the Philippine security forces. The killing of journalists as well as judicial harassment against them has also persisted.
In July 2021, the Philippine government and the UN formalised a human rights programme which includes strengthening domestic investigation and accountability mechanisms; improved data gathering on alleged police violations; civic space and engagement with civil society and the Commission on Human Rights (CHR) to be implemented.
“The current actions by the UN Human Rights Council have failed to deter the criminalisation and attacks against activists and journalists, which has continued over the year, with impunity. The new joint programme seems to be just more window dressing by the Duterte regime to evade accountability. It is time for the international community to listen to civil society voices and establish an independent investigation to hold the perpetrators to account”, said Lisa Majumdar, CIVICUS UN advocacy officer.
Human rights groups have also documented an assault on the judiciary. An investigative report by the Free Legal Assistance Group (FLAG) found that at least 61 lawyers, judges and prosecutors have been killed under the Duterte administration since 2016. There have been no convictions so far in any of the deadly attacks recorded.
The new brief outlines other tactics used to silence civil society that have ranged from freezing their accounts to launching smear campaigns against them. In June 2021, the Anti-Money Laundering Council (AMLC) froze the bank accounts of Amihan, an organisation of peasant women, which the authorities alleged were linked to communist rebels. Bank accounts of eight other nongovernmental organisations and civil society groups based in Mindanao were also covered by the order.
Human rights alliance Karapatan has been subject to a spate of cyberattacks since July 2021 against its website, amid an online solidarity campaign #StopTheKillingsPH, which calls on the government to stop attacks against human rights defenders. Earlier attacks against Karapatan and alternative media outlets were traced by Qurium - Sweden-based media foundation - to the Office of the Assistant Chief of Staff for Intelligence of the Philippine Army as well as the Department of Science and Technology.
“Civil society groups have been at the forefront of monitoring violations perpetrated by authorities around the deadly war on drugs, and their assaults on activists. Despite the threats and litany of attacks against them, they have refused to be silenced. The international community owes them support and protection,” said Majumdar.
Following tireless research and advocacy efforts by civil society, in June 2021, the International Criminal Court (ICC) Prosecutor Fatou Bensouda requested judicial authorisation to proceed with an investigation into crimes committed in the Philippines from 1 November 2011 - the date the Philippines became an ICC member - until 16 March 2019. On 15 September 2021, Pre-Trial Chamber I of the International Criminal Court granted the Prosecutor’s request to commence the investigation in a landmark development.
In December 2020, the CIVICUS Monitor, a global research collaboration that rates and tracks respect for fundamental freedoms in 196 countries, downgraded the Philippines from ‘obstructed’ to ‘repressed’ in its People Power Under Attack report 2020.
More information
Download the Philippines research brief here.
Interviews
To arrange interviews, please contact Josef Benedict, CIVICUS Asia-Pacific Civic Space Researcher and
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Philippines: Lack of action by the UN Human Rights Council risks abandoning victims of human rights abuses
Without a resolution at the upcoming 51st session of the UN Human Rights Council (HRC), the Office of the High Commissioner for Human Rights’ (OHCHR) mandate to report on the Philippines will expire.
In this joint letter, CIVICUS and other non-governmental organisations call for members and observer states at the HRC to adopt a resolution on the Philippines that continues and strengthens its reporting mandate. In the absence of secure and effective spaces for deliberations at the domestic level, OHCHR’s reporting and the debate that follows it at the HRC are key for victims who continue to seek justice and accountability for human rights violations, including those committed in the context of the so-called “war on drugs.”
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Philippines: Nearly 300,000 drug suspects have been jailed in 'war on drugs'
Statement at the 47th Session of the UN Human Rights Council
Interactive dialogue ID with Working Group on arbitrary detention on its study on drug policies
CIVICUS, Karapatan and FORUM-ASIA welcome the study of the Working Group on Arbitrary Detention on human rights violations related to drug policies.
This study resonates with our experience in the Philippines, where cases of torture, cruel and degrading treatment of those facing drug charges have been reported and where proposed amendments to drug control legislation provide for the revival of the death penalty and the presumption of guilt of suspects. Inhumane conditions in detention centers, wherein nearly 300,000 drug suspects have been jailed in the course of the government’s drug war, persist. Meanwhile, defenders and lawyers who provide assistance to victims of such violations face attacks, threats and harassment.
We welcome the Working Group’s recommendations which are important guides for States, especially the Philippines where the drug war has claimed lives and affected liberties. We urge the Philippine government to heed these important recommendations. We urge the Council, in the light of the International Criminal Court Prosecutor’s request for a full investigation in the Philippines, to conduct an independent investigation on violations in the context of the “war on drugs,” including extrajudicial killings, and possible arbitrary arrests and detention in the country.
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Philippines: Raids on NGO offices, arbitrary arrests of activists and freezing of accounts
CIVICUS, the global civil society alliance, is extremely concerned about a crackdown against activists and progressive groups in the region of Eastern Visayas by the Philippines government. These moves highlight the hostile environment for civil society to operate and the risks activists continue to face under the Duterte government.
In two simultaneous raids in Tacloban City on 7 February 2020, by police and the army, five activists were arbitrarily arrested including Marielle Domequil, a staff member of the Rural Missionaries Philippines-Eastern Visayas; Mira Legion, a staff member of Bayan Muna; Alexander Abinguna, secretary general of Katungod-Sinirangan Bisayas and Karapatan national council member for Eastern Visayas; Marissa Cabaljao of People’s Surge Network; and Frenchie Mae Cumpio, a journalist and executive director of independent news outfit Eastern Vista and Altermidya Network correspondent. Cabaljao was arrested together with her one-year-old baby.
Police claimed they found firearms and ammunition during the raids. They also claimed that they had raided “identified Communist Terrorist Group safe houses”.
Human rights group Karapatan said that the search warrants were shown to the activists only after they were arrested and claimed that the weapons had been planted by the authorities. Currently, the five, with Marissa’s baby, are detained at the Palo PNP Municipal Police Station.
Days before the simultaneous arrests, Cumpio was reportedly tailed by men riding motorcycles, whom she believes were military personnel. Unidentified men were also seen patrolling Eastern Vista’s office in Tacloban. On 31 January, an unidentified person visited Eastern Vista’s office and was reportedly carrying a photo of Cumpio.
“The authorities must halt its harassment and criminalisation of activists critical of the state and release the five immediately and unconditionally. Accusing them of being fronts to armed groups are clearly efforts to attack and smear these groups and undermine the credibility of their demands”, said Josef Benedict, CIVICUS civic space researcher.
Prior to these raids, Jennefer Aguhob, a member of Karapatan, was arrested on trumped up charges of murder in her residence in Oroquieta City, Misamis Occidental by the police and military on 5 February 2020. She has been accused of having links to the New People's Army (NPA), the armed wing of the Communist Party of the Philippines.
On 7 February 2020, the government froze several bank accounts of the Rural Missionaries of the Philippines (RMP), a Catholic church group, on suspicions of “terrorism financing.” The RMP, who work with the rural poor, has been previously tagged as a "communist front" because of their activism and their criticism of the Duterte government.
“These latest attacks show how far the authorities are willing to go to silence and shut down critical NGOs and human rights defenders under the pretext of fighting terrorism. Instead of using such appalling smear tactics, the authorities should be taking steps to protect them in accordance with their international human rights obligations,” said Benedict
The CIVICUS Monitor has documented how the Duterte government has been striving to halt or undermine the work of activists, media outlets and NGOs in the Philippines through various means. Some have been tagged as “terrorists” or “communist fronts” and vilified, particularly those who have been critical of the deadly “war on drugs” that has killed thousands. Others face judicial harassment or have been forced to disclose more information about their work and funding under the guise of fighting terrorism, or of countering corruption and money laundering.
In June 2019, 11 UN human rights experts raised concerns about the “sharp deterioration in the situation of human rights across the country, including sustained attacks on people and institutions defending human rights”. They called for an independent investigation into human rights violations in the Philippines.
The Philippines is rated as obstructed by the CIVICUS Monitor, an online tool that tracks threats to civic society in all countries across the globe.
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Philippines: Stop the Attacks against Human Rights Defenders and Protect Civic Space
Joint Statement:
We, the undersigned organisations, strongly denounce the recent death threats addressed to Karapatan Secretary General, Cristina Palabay in the Philippines. These threats and the wider attacks against human rights defenders, journalists and civil society representatives signify the further constricting of civic space and the silencing of dissent in the country. We collectively urge the Government of the Philippines to respond to the threats against human rights defenders by taking genuine and effective measures for their protection.On 22 April 2019, Palabay received threatening messages from someone using an unknown phone number saying that she and other human rights defenders will be killed this year. These threats highlight the risks faced by human rights defenders, which have significantly increased since President Duterte took office in June 2016. Duterte has consistently spoken out against human rights and human rights defenders. He has previously threatened to behead human rights advocates [1], and blamed them for the increase in the number of drug users in the country [2]. While the Office of the President has been quick to assert that these statements were merely made in jest, such statements have translated into real-life repercussions for human rights defenders, who face violence and threats from both state and non-state actors.
In 2018, the Department of Justice filed a petition placing UN Special Rapporteur Vicki Tauli-Corpuz and other human rights defenders on a list of individuals who supposedly had terrorist connections. Being publicly accused of such connections greatly endangers their security [3]. A month later, Duterte told people to ‘kill those useless bishops’, [4] referring, among others, to Bishop Pablo Salud, who is known for speaking out against the Government’s ‘war on drugs’. This too resulted in anonymous death threats.
On the same day that Palabay received the latest threats against her life, human rights worker Bernardino Patigas was killed [5]. Another human rights defender, Archad Ayao was killed just days later [6]. Of the human rights defenders cases monitored by FORUM-ASIA in Asia in 2017-2018, the biggest percentage of killings - 48 per cent totalling 29 cases – took place in the Philippines [7].
Attacks and reprisals against human rights defenders continue as the Government wages a systematic campaign to attack the independence of democratic institutions and to constrict civic space in the country. Individuals within the legislative and judiciary branches have faced reprisals for dissenting against Duterte’s policies, while journalists have been targeted for their critical reporting. This campaign has included efforts ranging from: a general failure to investigate attacks against human rights defenders; to the use of repressive laws to judicially harass critics; to outright violence.
We condemn these attacks, and express deep concern for the government policies and practices that restrict and repress civil society and human rights defenders in the Philippines. We call on the Government of the Philippines to ensure thorough and impartial investigations of the attacks against human rights defenders, and to ensure a safe and enabling environment for them to conduct their work. We also urge the House of Representatives to enact and implement the Human Rights Defenders Protection Bill that will provide legal recognition to and safeguards for human rights defenders, in accordance with the UN Declaration on the Rights of Human Rights Defenders.
We call on stakeholders in the international community to continue to closely monitor the situation in the Philippines, and to use their interactions with the Government, including in the area of trade and business, to emphasise the importance of reversing restrictive policies and building an enabling environment for the respect and protection of human rights. Specifically, we urge the UN Human Rights Council to advance accountability for human rights violations in the country by adopting a resolution establishing an independent international investigation into extrajudicial killings in the government's 'war on drugs', and to call for a halt to the attacks on human rights defenders, independent media, and democratic institutions.
Signed,
Asian Forum for Human Rights and Development (FORUM-ASIA)
CIVICUS: World Alliance for Citizen Participation
Front Line Defenders
FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
International Service for Human Rights (ISHR)
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
1 Duterte threatens to behead human rights advocates.
https://www.gmanetwork.com/news/news/nation/611343/duterte‐threatens‐to‐behead‐human‐rights‐ advocates/story/
2 Duterte threats alarm rights groups https://www.rappler.com/nation/154110‐duterte‐threats‐alarm‐rights‐ groups
3 Palace: ‘Terrorist’ tag on UN special rapporteur based on intel. https://globalnation.inquirer.net/164881/victoria‐ tauli‐corpus‐un‐special‐rapporteur‐terrorist‐cpp‐npa
4 Philippines' Duterte: 'Kill those useless bishops' https://www.aljazeera.com/news/2018/12/philippines‐duterte‐ kill‐useless‐catholic‐bishops‐181205132220894.html
5 Negros Occidental city councilor shot dead. https://www.rappler.com/nation/228768‐negros‐occidental‐city‐ councilor‐shot‐dead‐april‐22‐2019
6 BARMM human rights worker shot dead in Cotabato City. https://www.rappler.com/nation/229468‐barmm‐ human‐rights‐worker‐archad‐ayao‐shot‐dead‐cotabato‐city‐may‐2019
7 Since 2010, FORUM‐ASIA has been using an integrated database documenting system, to document violations and abuses against HRDs in Asia. The data can be accessed at https://asianhrds.forum‐asia.org/. -
Philippines: Submission to the UN Human Rights Committee on the deterioration of civic space
CIVICUS has submitted a report to the UN Human Rights Committee on the state of civic space in Philippines ahead of its review of the state’s implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) on 10 October 2022.
In the submission, CIVICUS documented use of defamation and sedition laws to stifle dissent as well as ongoing harassment and attacks against journalists in the Philippines. A number of laws in the Revised Penal Code of the Philippines have been used to criminalise the freedom of expression and as such are inconsistent with the ICCPR. They include Article 154 (unlawful use of means of publication and unlawful utterances), Articles 353 to 355 (libel), Article 357 (slander) and Article 139 (sedition). Section 4(c)(4) of the 2012 Cybercrime Prevention Act criminalises online libel. There has also been closure of media outlets. Former President Duterte had been at odds with critical media outlets for reporting on his administration’s ‘war on drugs’. ABS-CBN, the Philippines’ top broadcaster, was forced off the air in May 2020 after it was ordered by the media regulator to stop operations as the network’s congressional franchise had expired and it was refused a new licence. CIVICUS has also documented cases of arrests, threats and the killing of journalists with impunity.
The submission also notes that 1985 Public Assembly Act is still inconsistent with international law and standards and a proposed new law regulating public assemblies which was adopted by the House of Representatives in February 2018 and is currently before the Senate could allow for unlawful restrictions on the right to peaceful assembly. CIVICUS has also documented a number of cases where the right to protest was restricted by the police arresting protesters and using unnecessary or excessive force again them.
The phenomenon of ‘red-tagging’ – labelling individuals or groups as communists or terrorists – poses a serious threat to civil society and activists. ‘Red-tagging’ has been used for decades in the Philippines but according to human rights groups, ‘red-tagging’ became deadlier when Duterte became president in 2016. This label puts activists at grave risk of being targeted by the state and pro-government militias.
Restrictions on foreign funding for NGOs have been documented. The authorities have also targeted activists directly by arresting and detaining them, often on fabricated charges. There have also been reports of evidence being planted by the police and military forces to justify arrests or violence against activists.
CIVICUS has documented the extrajudicial killings of human rights defenders and activists. Accountability for these actions have been virtually non-existent. The draconian 2020 Anti-Terrorism Act includes a worryingly broad definition of terrorism and grants the Philippines police and military wide powers to detain suspects and relaxes accountability for law enforcement agents who violate the rights of suspects, particularly those in detention.
The submission calls on the UN Human Rights Committee to make a series of recommendations including:
- Reform or repeal defamation legislation, immediately drop all charges or quash convictions against journalists and conduct prompt, thorough, impartial and effective investigations into the killings, threats and harassment of journalists and bring the perpetrators to justice.
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Amend the 1985 Public Assembly Act in order to guarantee fully the right to the freedom of peaceful assembly in accordance with international law and standards and adopt best practices on the freedom of peaceful assembly, as put forward by the 2012 report of the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.
- Immediately end the red-tagging and vilification of CSOs and activists, ensure that HRDs are able to carry out their legitimate activities without fear or undue hindrance, obstruction, or legal and administrative harassment. Establish mechanisms to protect human rights defenders, including by adopting and implementing the Human Rights Defenders Bill and conduct prompt, thorough, impartial and effective investigations into the killings of human rights defenders and activists and bring the perpetrators to justice.
Philippines is currently rated Repressed by the CIVICUS Monitor. There are a total of 50 countries and territories in the world with this rating (see all). This rating is typically given to countries where civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights (see full description of ratings).
More information
Download the Philippines research brief here.
Interviews
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Philippines: The Council’s inadequate response to a human rights crisis is shameful
Statement at the 51st Session of the UN Human Rights Council
Enhanced Interactive Dialogue with the High Commissioner’s report on the Philippines
Delivered by Lisa Majumdar
Thank you, Mr. President.
The report of the High Commissioner supports the conclusion and call of independent local civil society, including those whose voices we heard today, human rights defenders, lawyers, and journalists in the Philippines: scrutiny of the country by the Human Rights Council should continue.
In the last month alone, human rights defenders have been forced to flee the country. Human rights defenders, activists and community leaders, including those who have engaged with the Council, have been threatened and tagged as supporting terrorists merely for criticising State policies. Some have been detained on fabricated charges and civil society organisations (CSOs) have had their funds frozen. While the incoming national security adviser to the Philippines’ President Ferdinand Marcos Jr. has said she intends to stop ‘red-tagging,’ this has so far remained empty rhetoric. Just two days ago, Radio broadcaster Percival Mabasa, better known as Percy Lapid, was shot dead. He is the second journalist to be killed during the tenure of the current President.
The recently resumed ICC investigation will not cover any violations perpetrated since the Philippines’ withdrawal from the Rome Statute in 2019.
Proposed cuts to the budget of The Commission on Human Rights (CHR) will heavily impact its ability to investigate cases of human rights violations, as well as to provide financial assistance and free legal advice and counselling to victims of human rights violations. Recent appointments in the CHR were opaque and lacked any consultation.
It is shameful that the Council’s response to a strong report by the High Commissioner detailing ongoing violations has been to abandon victims of violations still further.
CIVICUS calls on the Council to heed the recommendation of the High Commissioner by ensuring, at the very least, that OHCHR can continue to monitor the situation of human rights in the Philippines and regularly report to the Human Rights Council. The Council should also stand ready at the earliest opportunity to strengthen its monitoring of the progress and outcome of domestic and international accountability initiatives to take any further approaches that may be required.
Thank you.
Civic space in the Philippines is rated as "Repressed" by the CIVICUS Monitor
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Philippines: UN accountability mechanism needed to end cycle of violence and impunity
Statement at the 46 Session of the UN Human Rights Council
Item 10: General Debate on technical cooperation and capacity building
Oral statement delivered by Cecile Gaa, Forum Asia
Madam President,
Nearly six months since its adoption, Human Rights Council resolution 45/33 offering technical assistance to the Philippines has proven to be utterly insufficient to address the systematic human rights violations and persistent impunity documented in the High Commissioner’s report. The Philippine Government’s policies and actions since the Resolution’s adoption have been completely at odds with the commitments outlined in it.
Extrajudicial killings in the so-called ‘war on drugs’ have continued. To date, the Government has made no tangible progress towards accountability against those most responsible for such killings. In December 2020, the Office of the Prosecutor of the ICC found that there is “reasonable basis to believe that the crimes against humanity” of murder, torture, the infliction of serious physical injury and mental harm, and other inhumane acts were committed between at least 1 July 2016 and 16 March 2019.
Human rights defenders pursuing legitimate work, especially those who advocate for international accountability, including lawyers, continue to be attacked and accused of belonging to terrorist groups. Rights defenders continue to be arrested and jailed. The draconian Anti-terrorism Act, passed last year, exacerbates risks to defenders. The killing of nine human rights defenders and activists on 7 March, two days after President Duterte ordered the police and military to “finish off” and “kill” those purported to be “communist rebels”, illustrates clearly the persistent killings and attacks faced by activists and defenders. It is very clear that no amount of technical assistance or capacity building will end the killings as the President and top government officials continue to incite murder and violence as official policy.
In this context, it is imperative that the Council set up an international accountability mechanism to end the cycle of violence and impunity in the Philippines.
Thank you.
Endorsed by:
- Amnesty International
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- CIVICUS: World Alliance for Citizen Participation
- Human Rigths Watch
- International Commission of Jurists (ICJ)
- International Federation for Human Rights (FIDH)
- Philippines Alliance of Human Rights Advocates (PAHRA)
- World Organisation Against Torture (OMCT)
Civic space in the Philippines is rated as Repressed by the CIVICUS Monitor
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Philippines: UN investigation needed over ongoing extrajudicial executions
Joint Letter from over 60 organisations to member and observer States of the United Nations Human Rights Council
Re: UN Human Rights Council should urgently launch an independent international investigative mechanism on the human rights situation in the Philippines
Your Excellency,
We, the undersigned civil society organizations, write to express our continued grave concern over ongoing extrajudicial executions and other serious human rights violations in the context of the “war on drugs” in the Philippines, which continues to be fueled by incitement to violence and discrimination by the highest levels of government with near-total impunity. We urge your delegation to ensure that the United Nations Human Rights Council (HRC) responds robustly to the recent report on the situation in the Philippines by the UN High Commissioner for Human Rights when it convenes for its upcoming 45th session. Specifically, we urge you to actively work towards the adoption of a resolution establishing an independent international investigative mechanism on extrajudicial executions and other human rights violations committed in the Philippines since 2016, with a view to contributing to accountability. This would be in line with clear calls by the UN High Commissioner for Human Rights, a group of Special Procedures, the Commission on Human Rights of the Philippines, and national and international civil society.
The UN High Commissioner for Human Rights’ report on the Philippines, published on June 4, 2020, emphasized the need for “independent, impartial and effective investigations into the killings.”1 On June 25, mandate holders from 23 Special Procedures reiterated a previous call from 2019 for the HRC to “establish an on-the-ground independent, impartial investigation into human rights violations in the Philippines.”2 The Commission on Human Rights of the Philippines, during the interactive dialogue on the Philippines at the 44th session of the HRC, called on the HRC to consider options for international accountability measures.3 National, regional, and international civil society groups have also repeatedly called for an international investigation. The human rights situation in the Philippines meets the objective criteria or “guiding principles” supported by a large cross-regional group of States at the HRC to help the Council decide, in an objective and non-selective manner, when it should take action on the human rights situation in particular countries. The annex to this letter provides details of the status of the Philippines under each criterion.
Since President Rodrigo Duterte assumed office in June 2016, the human rights situation in the Philippines has undergone a dramatic decline. Extrajudicial executions committed in the context of the “war on drugs” continue to take place with total impunity. The High Commissioner’s report found, in line with previous findings from civil society, that the killings related to the anti-drug campaign were “widespread and systematic,” and that at least 8,663 people had been killed, with other estimates, including from the Commission on Human Rights of the Philippines, of more than triple that number.
Attacks against human rights defenders and critics of the government – including activists, journalists, church leaders, trade union leaders, indigenous and peasant leaders and individuals who are members of groups affiliated with the political left – are frequent and persistent. Human rights defenders who have spoken out in the HRC against the “war on drugs” and other human rights violations have faced reprisals from the government. The Office of the UN High Commissioner for Human Rights (OHCHR) “verified the killings of 208 human rights defenders, journalists and trade unionists, including 30 women, between January 2015 and December 2019.”4 More recently on 17 August gunmen shot dead Zara Alvarez, a legal worker for the human rights group Karapatan, and on 10 August assailants brutally murdered Randall Echanis, a leader of the peasant group Anakpawis and longtime activist.
The OHCHR also found that civil society organizations and the media faced constant intimidation, police raids, arbitrary arrests, criminal charges and prosecutions, and shutdowns.5 In June 2020, a Manila court convicted for libel journalists Maria Ressa and Reynaldo Santos Jr., both of the news website Rappler, which had been the subject of long-running harassment and threats from the Duterte government because of its reporting on the anti-drug campaign. Most recently, in early July, the Philippine Congress – most of whose members are allied with President Duterte – voted to deny the renewal of the broadcast franchise of ABS-CBN, the country’s largest TV and radio network, after years of explicit threats from President Duterte in part because of its critical reporting on the “war on drugs.” The recently passed Anti-Terrorism Law will institutionalize the government’s abuse of power and will create an environment in which attacks on civil society and media will be perpetuated. In his 2020 State of the Nation Address, President Duterte once again reiterated his intention to reimpose the death penalty. Bills to reintroduce the punishment are currently being reconsidered before Congress.
To date, there has been virtually no accountability for unlawful killings committed by police and their associates or for the other above-mentioned violations. As noted in the High Commissioner’s report, “persistent impunity for human rights violations is stark and the practical obstacles to accessing justice within the country are almost insurmountable.”6 Families of victims express total helplessness in describing their inability to obtain justice for their loved ones, citing the enormous obstacles to filing cases, the continued difficulty of obtaining police or autopsy reports, and the immense fear of retaliation they experience. The climate of total impunity leaves police and other unidentified gunmen, widely believed to be associated with law enforcement agencies, able to commit further extrajudicial executions without consequence.
President Duterte’s administration has undermined institutions that have attempted to address impunity at the national and international level and thwarted independent investigations, including in the Senate and the House of Representatives. The government’s withdrawal from the International Criminal Court, following the 2018 launch of a preliminary examination into crimes against humanity allegedly committed by the Philippine government in the context of the “war on drugs,” shows yet another way in which the authorities have sought to evade accountability.
Not only has the government sought to evade accountability, but the President and other high-level officials have continued to encourage killings and given assurances to perpetrators that they would enjoy impunity for such killings.7 The High Commissioner’s report found that rhetoric from the highest
levels of the government has been pervasive and deeply damaging, and that “some statements have risen to the level of incitement to violence.”8
During the interactive dialogue at the 44th session of the HRC, the Philippine Justice Secretary announced the creation of a government panel to review more than 5,600 cases of alleged extrajudicial killings in the country.9 Unfortunately, the Philippine government has failed to ensure this panel will be independent or impartial, notably because it will be led by the Department of Justice and will have among its members the very agencies – including the Philippine National Police and the Philippine Drug Enforcement Agency – accused of being behind these human rights violations and directly implicated in the “war on drugs.” Any review findings by the panel must also be evaluated and finalized by other government agencies involved in the anti-drug campaign. The well-documented fears of retaliation experienced by victims and their families in the Philippines will further undermine the credibility of government-led reviews. Accordingly, it is our organizations’ assessment that this panel is the latest attempt by the Duterte administration to evade international scrutiny for violations rather than a sincere attempt to put an end to these human rights violations and foster national accountability.
The HRC resolution A/HRC/41/2 on the Philippines adopted in July 2019 was an important first step to address the concerning human rights situation in the country, but a more robust response is necessary to deter further killings and other human rights violations and ensure a measure of accountability. In the absence of further Council action, the Philippine government will likely be emboldened to continue and escalate its violent anti-drug campaign and other serious rights violations, including reprisals against human rights defenders and civil society organizations, while the pervasive fear among victims and their families will only increase. Given the failure of the Philippine authorities to stop or effectively investigate crimes under international law and punish those responsible, we urge your delegation to work towards the adoption of a resolution to ensure that the Philippines remains on the agenda of the HRC and to create an independent, impartial, and effective investigation into extrajudicial executions in the context of the “war on drugs” and other human rights violations committed since 2016. The creation of such a mechanism is the only credible next step that the HRC can take to address the ongoing human rights crisis in the Philippines.
With assurances of our highest consideration,
1. African Centre for Democracy and Human Rights Studies
2. Aktionbündnis Menschenrechte - Philippinen
3. Amnesty International
4. Article 19
5. ASEAN Parliamentarians for Human Rights
6. Asia Democracy Network
7. Asian Federation Against Involuntary Disappearances
8. Asian Forum for Human Rights and Development (FORUM-ASIA)
9. Asian Legal Resource Centre
10. Association for the Rights of Children in Southeast Asia
11. Bahay Tuluyan
12. Cairo Institute for Human Rights Studies
13. Center for International Law (CenterLaw)
14. Center for Legal and Social Studies/CELS
15. Center for Media Freedom and Responsibility
16. Center for Migrant Advocacy Philippines
17. Child Alert Mindanao
18. Children’s Legal Rights and Development Center
19. Children’s Rehabilitation Center
20. CIVICUS: World Alliance for Citizen Participation
21. Civil Rights Defenders
22. Coalition Against Summary Executions
23. Commission of the Churches on International Affairs of the World Council of Churches
24. Conectas Direitos Humanos
25. Consortium on Democracy and Disinformation
26. Dakila - Philippine Collective for Modern Heroism
27. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
28. Dominicans for Justice and Peace
29. Families of Victims of Involuntary Disappearance (FIND) - Philippines
30. Focus on the Global South
31. Foundation for Media Alternatives
32. Franciscans International
33. Franciscan Sisters of the Immaculate Conception of the Holy Mother of God
34. Free Legal Assistance Group
35. Frontline Defenders
36. Harm Reduction International
37. Human Rights Watch
38. In Defense of Human Rights and Dignity Movement (iDefend)
39. International Coalition for Human Rights in the Philippines
40. International Commission of Jurists
41. International Drug Policy Consortium
42. International Federation for Human Rights
43. International Service for Human Rights
44. Justice and Compassion Essential Ministries Team of the California-Pacific Annual Conference of The United Methodist Church
45. Kalitawhan Network
46. Karapatan (Alliance for the Advancement of People’s Rights)
47. Lawyers’ Rights Watch Canada
48. Medical Action Group
49. National Union of Journalists of the Philippines
50. Network Against Killings in the Philippines (NakPhil)
51. Ontario Committee for Human Rights in the Philippines
52. Philippine Alliance of Human Rights Advocates (PAHRA)
53. Philippine Human Rights Information Center (PhilRights)
54. Philippinenbüro e.V. (Cologne, Germany)
55. Philippine Misereor Partnership Inc.
56. Protection International
57. Reporters Without Borders
58. Resbak
59. Rise Up for Life and for Rights
60. Salinlahi Alliance for Children’s Concerns
61. Tambayan Center for Children's Rights
62. World Organization Against Torture (OMCT) -
Philippines: UN must investigate lethal war on drugs
🇵🇭#Philippines: The lethal war on drugs continues with the number of victims rising again in the past six months.
— CIVICUS (@CIVICUSalliance) July 5, 2021
Our statement with @karapatan at #HRC47 calls on @UN_HRC to launch a long-overdue independent investigation: https://t.co/PkoxUCPrmd pic.twitter.com/WviZN8aOfVStatement at the 47th Session of the UN Human Rights Council
Delivered by Karapatan Deputy Secretary General, Roneo Clamor
I speak on behalf of 19 national and international organisations focused on the Philippines. The lethal war on drugs continues with the number of victims rising again in the past six months.
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Progress and shortcomings from 44th Session of the Human Rights Council
Joint Statement for the end of the 44th Session of the UN Human Rights Council
The 44th session of the UN Human Rights Council began with China's imposition of legislation severely undermining rights and freedoms in Hong Kong. Within days, there were reports of hundreds of arrests, some for crimes that didn’t even exist previously. We welcome efforts this session by a growing number of States to collectively address China’s sweeping rights abuses, but more is needed. An unprecedented 50 Special Procedures recently expressed concerns at China’s mass violations in Xinjiang, Hong Kong and Tibet, suppression of information in the context of Covid-19, and targeting of human rights defenders across the country. The Council should heed the call of these UN experts to hold a Special Session and create a mechanism to monitor and document rights violations in the country. No state is beyond international scrutiny. China’s turn has come.
The 44th session also marked an important opportunity to enable those affected directly by human rights violations to speak to the Council through NGO video statements.
Amnesty's Laith Abu Zeyad addressed the Council remotely from the occupied West Bank where he has been trapped by a punitive travel ban imposed by Israel since October 2019. We call on the Israeli authorities to end all punitive or arbitrary travel bans.
During the interactive dialogue with the Commission of Inquiry on Syria, victims’ associations and families of victims highlighted the human rights violations occurring in detention centers in Syria. We welcome the efforts by some States to underline their demands and welcome the adoption of the Syria resolution on detainees and urge the Syrian government to take all feasible measures to release detainees and provide truth to the families, noting the important pressure needed by Member States to further call for accountability measures for crimes committed in Syria.
Collette Flanagan, Founder of Mothers against Police Brutality, also delivered a powerful video statement at the Council explaining the reality of racist policing in the United States of America. We fully support victims’ families’ appeals to the Council for accountability.
We hope that the High Commissioner's reporton systemic racism, police violence and government responses to antiracism peaceful protests will be the first step in a series of meaningful international accountability measures to fully and independently investigate police killings, to protect and facilitate Black Lives Matter and other protests, and to provide effective remedy and compensation to victims and their families in the United States of America and around the world.
We appreciate the efforts made by the Council Presidency and OHCHR to overcome the challenges of resuming the Council’s work while taking seriously health risks associated with COVID-19, including by increasing remote and online participation. We recommend that remote civil society participation continue and be strengthened for all future sessions of the Council.
Despite these efforts, delays in finalising the session dates and modalities, and subsequent changes in the programme of work, reduced the time CSOs had to prepare and engage meaningfully. This has a disproportionate impact on CSOs not based in Geneva, those based in different time zones and those with less capacity to monitor the live proceedings. Other barriers to civil society participation this session included difficulties to meet the strict technical requirements for uploading video statements, to access resolution drafts and follow informal negotiations remotely, especially from other time zones, as well as a decrease in the overall number of speaking slots available for NGO statements due to the cancellation of general debates this session as an ‘efficiency measure.’
We welcome the joint statement led by the core group on civil society space and endorsed by cross regional States and civil society, which calls on the High Commissioner to ensure that the essential role of civil society, and States’ efforts to protect and promote civil society space, are reflected in the report on impact of the COVID-19 pandemic presented to the 46th Session of the HRC. We urge all States at this Council to recognise and protect the key role that those who defend human rights play.
These last two years have seen unlawful use of force perpetrated by law enforcement against peaceful protesters, protest monitors, journalists worldwide, from the United States of America to Hong Kong, to Chile to France, Kenya to Iraq to Algeria, to India to Lebanon with impunity.
We therefore welcome that the resolution “the promotion and protection of human rights in the context of peaceful protests” was adopted by consensus, and that the Council stood strongly against some proposed amendments which would have weakened it. We also welcome the inclusion in the resolution of a panel during the 48th session to discuss such events and how States can strengthen protections. We urge States to ensure full accountability for such human rights violations as an essential element of the protection of human rights in the context of protests. The current context has accelerated the urgency of protecting online assembly, and we welcome that the resolution reaffirms that peaceful assembly rights guaranteed offline are also guaranteed online. In particular, we also commend the resolution for calling on States to refrain from internet shutdowns and website blocking during protests, while incorporating language on the effects of new and emerging technologies, particularly tools such as facial recognition, international mobile subscriber identity-catchers (“stingrays”) and closed-circuit television.
We welcome that the resolution on “freedom of opinion and expression” contains positive language including on obligations surrounding the right to information, emphasising the importance of measures for encryption and anonymity, and strongly condemning the use of internet shutdowns. Following the High Commissioner’s statement raising alarm at the abuse of ‘false news’ laws to crackdown on free expression during the COVID-19 pandemic, we also welcome that the resolution stresses that responses to the spread of disinformation and misinformation must be grounded in international human rights law, including the principles of lawfulness, legitimacy, necessity and proportionality. At the same time, we are concerned by the last minute addition of language which focuses on restrictions to freedom of expression, detracting from the purpose of the resolution to promote and protect the right. As we look to the future, it is important that the core group builds on commitments contained in the resolution and elaborate on pressing freedom of expression concerns of the day, particularly for the digital age, such as the issue of surveillance or internet intermediary liability, while refocusing elements of the text.
The current context has not only accelerated the urgency of protecting assembly and access to information, but also the global recognition of the right to a safe, clean, healthy and sustainable environment. We welcome the timely discussions on ”realizing children’s right to a healthy environment” and the concrete suggestions for action from panelists, States, and civil society. The COVID-19 crisis, brought about by animal-to-human viral transmission, has clarified the interlinkages between the health of the planet and the health of all people. We therefore support the UN Secretary General’s call to action on human rights, as well as the High Commissioner’s statement advocating for the global recognition of the human right to a safe, clean, healthy and sustainable environment – already widely reflected at national and regional levels - and ask that the Council adopts a resolution in that sense. We also support the calls made by the Marshall Islands, Climate Vulnerable Forum, and other States of the Pacific particularly affected and threatened by climate change. We now urge the Council to strengthen its role in tackling the climate crisis and its adverse impacts on the realization of human rights by establishing a Special Rapporteur on Human Rights and Climate Change, which will help address the urgency of the situation and amplify the voices of affected communities.
The COVID crisis has also exacerbated discrimination against women and girls. We welcome the adoption by the Council of a strong resolution on multiple and intersecting forms of discrimination against women and girls, which are exacerbated in times of a global pandemic. The text, inter alia, reaffirms the rights to sexual and reproductive health and to bodily autonomy, and emphasizes legal obligations of States to review their legislative frameworks through an intersectional approach. We regret that such a timely topic has been questioned by certain States and that several amendments were put forward on previously agreed language.
The Council discussed several country-specific situations, and renewed the mandates in some situations.
We welcome the renewal of the Special Rapporteur’s mandate and ongoing scrutiny on Belarus. The unprecedented crackdown on human rights defenders, journalists, bloggers and members of the political opposition in recent weeks ahead of the Presidential election in August provide a clear justification for the continued focus, and the need to ensure accountability for Belarus’ actions. With concerns that the violations may increase further over the next few weeks, it is essential that the Council members and observers maintain scrutiny and pressure even after the session has finished.
We welcome the extension of the mandate of the Special Rapporteur on Eritrea. We urge the government to engage, in line with its Council membership obligations, as the Special Rapporteur’s ‘benchmarks for progress’ form a road map for human rights reform in the country. We welcome the High Commissioner report on the human rights situation in the Philippines which concluded, among other things, that the ongoing killings appear to be widespread and systematic and that “the practical obstacles to accessing justice in the country are almost insurmountable.” We regret that even during this Council session, President Duterte signed an Anti Terrorism Law with broad and vague definition of terrorism and terrorists and other problematic provisions for human rights and rule of law, which we fear will be used to stifle and curtail the rights to freedom of opinion and expression, to freedom of peaceful assembly and of association. Also during this session, in a further attack on press freedom, Philippine Congress rejected the franchise renewal of independent media network ABS-CBN, while prominent journalist Maria Ressa and her news website Rappler continue to face court proceedings and attacks from President Duterte after Ressa’s cyber libel conviction in mid-June. We support the call from a group of Special Procedures to the Council to establish an independent, impartial investigation into human rights violations in the Philippines and urge the Council to establish it at the next session.
The two reports presented to the Council on Venezuela this session further document how lack of judicial independence and other factors perpetuate impunity and prevent access to justice for a wide range of violations of civil, cultural, economic, political, and social rights in the country. We also urge the Council to stand ready to extend, enhance and expand the mandate of the Independent International Fact-Finding Mission when it reports in September. We also welcome the report of the Special rapporteur on the human rights situation in the Palestinian Territory occupied since 1967 and reiterate his call for States to ensure Israel puts an end to all forms of collective punishment. We also reiterate his call to ensure that the UN database of businesses involved with Israeli settlements becomes a living tool, through sufficient resourcing and annual updating.
We regret, however, that several States have escaped collective scrutiny this session.
We reiterate the UN Special Rapporteur Agnes Callamard’s call to pressure Saudi Arabia to release prisoners of conscience and women human rights defenders and call on all States to sustain the Council’s scrutiny over the situation at the September session.
Despite calls by the High Commissioner for prisoners’ release, Egypt has arrested defenders, journalists, doctors and medical workers for criticizing the government’s COVID-19 response. We recall that all of the defenders that the Special Procedures and the High Commissioner called for their release since September 2019 are still in pre-trial detention. The Supreme State Security Prosecution and 'Terrorism Circuit courts' in Egypt, are enabling pre-trial detention as a form of punishment including against human rights defenders and journalists and political opponents, such as Ibrahim Metwally, Mohamed El-Baqer and Esraa Abdel Fattah, Ramy Kamel, Alaa Abdel-Fattah, Patrick Zaky, Ramy Shaat, Eman Al-Helw, Solafa Magdy and Hossam El-Sayed. Once the terrorism circuit courts resumed after they were suspended due to COVID-19, they renewed their detention retroactively without their presence in court. It’s high time the Council holds Egypt accountable.
As highlighted in a joint statement of Special Procedures, we call on the Indian authorities to immediately release HRDs, who include students, activists and protest leaders, arrested for protesting against changes to India’s citizenship laws. Also eleven prominent HRDs continue to be imprisoned under false charges in the Bhima Koregaon case. These activists face unfounded terror charges under draconian laws such as sedition and under the Unlawful Activities (Prevention) Act. While we welcome that Safoora Zargar was granted bail on humanitarian grounds, the others remain at high risk during a COVID-19 pandemic in prisons with not only inadequate sanitary conditions but also limited to no access to legal counsel and family members. A number of activists have tested positive in prison, including Akhil Gogoi and 80-year-old activist Varavara Rao amid a larger wave of infections that have affected many more prisoners across the country. Such charges against protestors, who were exercising their rights to freedom of peaceful assembly must be dropped. We call on this Council to strengthen their demands to the government of India for accountability over the excessive use of force by the police and other State authorities against the demonstrators.
In Algeria, between 30 March and 16 April 2020, the Special rapporteur on freedom of opinion and expression, freedom of peaceful assembly and of association, human rights defenders, issued three urgent appeals in relation to cases involving arbitrary and violent arrests, unfair trials and reprisals against human rights defenders and peaceful activists Olaya Saadi, Karim Tabbou and Slimane Hamitouche. Yet, the Council has been silent with no mention of the crackdown on Algerian civil society, including journalists.
To conclude on a positive note, we welcome the progress in the establishment of the OHCHR country office in Sudan, and call on the international community to continue to provide support where needed to the transitional authorities. While also welcoming their latest reform announcements, we urge the transitional authorities to speed up the transitional process, including reforms within the judiciary and security sectors, in order to answer the renewed calls from protesters for the enjoyment of "freedom, peace and justice" of all in Sudan. We call on the Council to ensure continued monitoring and reporting on Sudan.
ENDORSEMENTS
International Service for Human Rights
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Center for Reproductive Rights
Franciscans International
The Syrian Legal Development Programme
Egyptian Front for Human Rights (EFHR)
CIVICUS: World Alliance for Citizen Participation
International Movement Against All Forms of Discrimination and Racism (IMADR)
International Lesbian and Gay Association (ILGA World)
Centro de Estudios Legales y Sociales (CELS)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Commonwealth Human Rights Initiative (CHRI)
ARTICLE 19
International Federation for Human Rights (FIDH)
Cairo Institute for Human Rights Studies (CIHRS)
IFEX
Association for Progressive Communications
International Commission of Jurists (ICJ)
Amnesty International
Current council members:
Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Brazil, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Japan, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela
Civic space ratings from the CIVICUS Monitor
OPEN NARROWED OBSTRUCTED REPRESSED CLOSED -
Reaction to the UN High Commissioner for Human Rights update
Statement at the 45th Session of the UN Human Rights Council
Thank you, High Commissioner for your update, which takes place in a difficult and unprecedented context.
We agree with your assessment that human rights violations result primarily from processes that exclude people's voices, and gaps in protection measures. These are issues which the Council is well-placed to address.
To this end, we hope that the Council will this session continue to address the situation in the Philippines with a strong resolution which reflects the dire human rights situation in the country and pursues accountability. Given that the situation in Burundi continues to be characterised by violations and impunity we urge the Council to renew the vital mandate of the Commission of Inquiry. We further call on the Council to heed calls from civil society and its own Special Procedures to address the escalating violations in China – in Hong Kong, Tibet and in Xinjiang – as well as to address attacks on rights defenders, journalists, and government critics across the country.
High Commissioner, restrictions to civic space are often precursors to a worsening human rights situation. When the Council fails to address these, it misses the opportunity to work constructively to prevent further human rights violations and fails those who will be affected. A resolution on the Council’s prevention mandate should address this gap. Echoing your call, we call for immediate and sustained preventive action on Tanzania before the situation deteriorates further.
Finally, High Commissioner, we welcome efforts to ensure civil society participation despite COVID-19 restrictions. Being able to meet with and hear directly from human rights defenders in the room, and in-person, has long been a strength of this Council. We call on the members and observers of the Council to strengthen collaboration with partners from civil society to further our mutual goals of protecting human rights.
Current council members:
Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela
Civic space ratings from the CIVICUS Monitor
OPEN NARROWED OBSTRUCTED REPRESSED CLOSED -
Reprisals are calculated steps by states to prevent activists from exposing human rights violations
42nd Session of the UN Human Rights Council
Statement during interactive dialogue with the Assistant Secretary General on ReprisalsWe thank the Assistant Secretary General for presenting this essential report which shows that acts of reprisals are not aberrative, but rather are calculated steps taken to prevent human rights defenders from exposing human rights violations. The UN depends on information from the ground in order to fulfil its mandate of protecting human rights. Every act of reprisal, those detailed in this report and the countless others that go unreported, is a direct challenge to this.
But reprisals continue unabated, without accountability, and with a direct impact on the efficacy of the UN as a whole. We are particularly concerned to see council members listed in this report.
Saudi Arabia, Bahrain, Egypt and the Philippines, particularly, show patterns of reprisals. We remain deeply concerned by the arbitrary detention and treatment of Ms. Samar Badawi and Ms. Loujain Al-Hathloul following their engagement with CEDAW. In the Philippines, we are seriously concerned by the attacks and threats against CIVICUS member Karapatan. Last week, FIND, a Philippines group advocating for the right of families of disappeared, was smeared by a representative of the government online following a side event highlighting the situation – and this was by no means the first time that human rights defenders have been attacked within this building for engaging with the Council. We echo the report’s recommendation that states commit to addressing reprisals in practice through the universal periodic review mechanism. However, we note that a number of cases outlined in the report actually came as a direct result of engagement with the UPR process: the cases of Nguyen Thi Kim Thanh in Viet Nam; of staff members of the international non-governmental organization Chinese Human Rights Defenders; of the New Generation of Human Rights Defenders Coalition in Kazakhstan; and of Malaysian human rights defender Mr. Numan Afifi.
The report shows reprisals at every stage of engagement, including attempts by state representatives on the Economic and Social Council to block accreditation of NGOs working on human rights. This pre-emptive weakening of civil society engagement with the UN represents yet another deliberate curtailment of civic space.
We ask the Assistant Secretary General: what possibility does he foresee for real political costs and accountability for states that engage in reprisals, particularly those who are repeat perpetrators?
And how can the UN and its related bodies take action to protect human rights defenders on the ground?
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Rights Groups: Latest arrests part of government campaign to silence activists
CIVICUS & @karapatan call for immediate & unconditional release of all detained #humanrights defenders & development workers, & for authorities to investigate & prosecute police & military members responsible for this gross abuse of power https://t.co/bc18CrukSq pic.twitter.com/6CSbnxV2M6
— CIVICUS (@CIVICUSalliance) July 11, 2018The arrests of 13 activists and church development workers in the Philippines is part of an ongoing campaign by the government of President Rodrigo Duterte to intimidate and silence human rights defenders, say global and local rights groups.
Global civil society alliance CIVICUS and local rights organisation, Karapatan are calling for authorities to drop all charges against and immediately release all the activists who were arrested on July 4 in the southern city of General Santos.
Philippines National Police (PNP) members and military personnel raided a meeting of the Iglesia Filipino Independiente-Visayas Mindanao Regional Office for Development (IFI-VIMROD) and presented three arrest warrants, none of which corresponded with any participants gathered. Regardless, the entire group was arrested and fabricated charges of obstruction of justice were filed against 11 defenders, who were later released on bail, while charges against the remaining two remain unknown.
Among those arrested were Teresita Naul, Karapatan National Council member for Northern Mindanao; Aldeem Yanez of Iglesia Filipino Independiente (IFI); Datu Jomorito Guaynon, Kalumbay Regional Lumad Organisation chairperson; Ireneo Udarbe, of the Kilusang Magbubukid ng Pilipinas; Vennel Chenfoo, previously of the Kabataan Partylist; Kristine Cabardo of the League of Filipino Students; and Roger Plana, an IFI-VIMROD volunteer.
“The arrests are symptomatic of an ongoing drive by the regime in Philippines to silence human rights defenders and representatives of civil society,” said David Kode, CIVICUS Campaigns and Advocacy lead.
Since the declaration of martial law on May 23, 2017 on spurious grounds, Karapatan has documented the arbitrary arrests of almost 1,000 people on the island of Mindanao. Some 95 of them remain detained. The actions of the Philippines’ current administration and armed forces is an assault on people’s rights and civil liberties, aimed at pressuring human rights defenders to self-censor.
CIVICUS and Karapatan also urge the authorities to investigate and prosecute police and military members responsible for this gross abuse of power.
CIVICUS Monitor, an online tool that tracks threats to civil society in all countries, has rated civic space in the Philippines as ‘Obstructed’.
ENDS.
For more information, please contact:
Grant Clark
CIVICUS Communications
Cristina Palabay,
Karapatan Secretary General
+63 917 316 2831