MANILA – Members of the Universal Periodic Review (UPR) Watch and the #FightToExpress network commended the final report of Special Rapporteur on Freedom of Expression and Opinion Irene Khan on the human rights situation of the Philippines.

The UPR Watch said that Khan’s report reflects the wanton violations of human rights in the country under the Ferdinand Marcos Jr. administration. 

Khan was hailed by the coalition for bringing to the attention of the United Nations Human Rights Council how the Philippine government’s purported “fight against terrorism” is used to trample on civil and political rights, such as the right to free expression and opinion.

Cristina Palabay, co-head of the UPR Watch delegation and secretary-general of Karapatan, said that they welcome Khan’s recommendation to review and amend the Anti-Terrorism Act  of 2020 (ATA) and the adoption of an executive order denouncing red-tagging.

Jonila Castro, spokesperson of the Kalikasan People’s Network for the Environment and survivor of state abduction and reprisal, said that Khan’s report highlights how human rights defenders and environmental defenders are continuously being subjected to state reprisal. “For telling the truth about my abduction, I was slapped with harassment suits by state agents.”

Josalee Deinla, secretary general of the National Union of Peoples’ Lawyers (NUPL), said that the ATA has granted the Anti-Terrorism Council the power to unilaterally label individuals or groups as terrorists. “This designation automatically triggers the freezing of assets by the Anti-Money Laundering Council without requiring prior judicial approval,” Deinla said. 

These relentless attacks were experienced by the people from the Southern Tagalog region who continue to fight back against development aggression. “Thirty-two (32) activists and human rights defenders in the region have been charged with Anti-Terrorism Act and financing terrorism act, many of which were dismissed over lack of evidence,” said Charm Maranan, spokesperson of Defend-Southern Tagalog.

In 2024, the NUPL reported 66 terrorism financing charges against members of non-government organizations and activists were filed in courts. Deinla said that these charges are based on spurious evidence that were just intended to harass and impede the work of human rights defenders.

Call to abolish NTF-ELCAC

Mervin Toquero, co-head of the Philippine UPR Watch and deputy general secretary of the National Church of Christ in the Philippines (NCCP), supported Khan’s recommendation to abolish the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

“The Marcos Jr. administration should veer away from the militarist counterinsurgency strategy and instead address the root causes of the armed conflict by resuming the peace talks with the National Democratic Front of the Philippines,” Toquero said.

Palabay said that Khan’s recommendation is timely as the NTF-ELCAC continues to infringe on freedom of expression, opinion and association through red- or terrorist-tagging, judicial harassment using counter-terrorism legislation and other forms of threats and harassment. “Marcos’ refusal to abolish the notorious task force further exposes his hypocrisy before the international community.”

On the attacks of media and HR defenders

The #FightToExpress network meanwhile thanked Khan for stressing as well the need to release community journalist Frenchie Mae Cumpio, Rural Missionaries of the Philippines lay worker Marielle Domequil and human rights defender Alexander Philip Abinguna.

Ronalyn Olea, secretary general of the National Union of Journalists of the Philippines (NUJP), said, “We agree that the Philippine government’s efforts have not been decisive in ‘turning the page on the past.’ Positive pronouncements by Marcos Jr. on the protection of journalists and media freedom have not been matched by substantial actions.”

Since Ferdinand Marcos Jr. took office, the NUJP recorded 177 incidents of media freedom violations. The types of attacks observed under the Marcos administration are the same as those seen during the Duterte administration.

Bishop Joseph Agpaoa, acting general secretary of the United Church of Christ in the Philippines (UCCP) said, “Ms. Khan’s report is like a balm to our soul. I think of Aldeem Yañez and Marielle Domequil, Church workers who have suffered prolonged pretrial detention over fabricated criminal charges. They must be released now.”

In a statement, Concerned Artists of the Philippines (CAP) said that Khan’s recommendation to decriminalize libel, the passage of Freedom of Information Act and the release of Cumpio “affirmed what artists, journalists, and rights defenders in the country have long been fighting for: genuine democratic spaces, justice, and protection for all who dare to speak truth to power.”

“We stand in solidarity with the #FightToExpress network as they represent our collective voices in Geneva. This global spotlight gives hope and momentum to our struggle for press freedom, artistic freedom, and the people’s right to know,” the group said in a statement. 

Altermidya Network said in a statement “Khan’s report confirms what independent media and rights groups have long raised: that red-tagging is not only ongoing but institutionalized.” The group said more than 450 red-tagging incidents were documented in the first half of 2024 alone with most cases perpetrated by government actors.

Policy reforms

Castro said that they support the special rapporteur’s [Khan] call for the Philippine government to ratify the International Convention on Enforced Disappearances.

The #FightToExpress network said they support Khan’s other policy recommendations such as the enactment of the Human Rights Protection Bill, decriminalization of libel and passage of the Freedom of Information Act. The network called on the UNHRCl to closely monitor the Philippines’ implementation of the special rapporteur’s recommendations, and its adherence to international human rights conventions pertaining to freedom of expression and opinion.

“Ms. Khan has found out that in the Philippines, even the exercise of freedom of thought and freedom of expression can be labeled as subversive or communist. Red-tagging impedes people’s access to information, which is necessary to foster  critical thinking. The Philippine government should heed Ms. Khan’s recommendations, including the promotion of academic freedom,” said Sonny Africa, executive director of IBON Foundation.

Members of the Philippine UPR Watch and the #FightToExpress network, as well the rights defenders, journalist’s union, and church union, continue to support Khan’s recommendation to review the Anti-Terrorism Act, abolish the NTF-ELCAC, and promote academic freedom.

The Philippine UPR Watch is a delegation of human rights defenders and advocates which monitors the Philippine government’s compliance with its international human rights obligations. (With reports from Anne Marxze Umil) (DAA)

Disclosure: Ronalyn Olea is Bulatlat’s editor-in-chief.