MANILA — United Nations’ special rapporteur on the promotion of the right to freedom of opinion and expression Irene Khan strongly urged the Philippine government to reconsider her recommendations on some key issues on red tagging and counter-terrorism. 

“It is true that the situation under this administration is not as severe as the previous administration. But in terms of real change, I think the Philippines has to take a number of measures before it can turn the page on the past,” said Khan in a virtual press conference on June 24.

On impunity for crimes against journalists

Khan mentioned the recent case of Ali Macalintal, a former activist and broadcaster in Mindanao, who was shot dead inside an acupuncture clinic at Calina Street, Barangay Lagao, General Santos City last Monday (June 23).

Read: Groups denounce killing of former activist, journalist in GenSan 

“The recent killing only emphasizes the need for some special measures,” said Khan, explaining that she had recommended the appointment of a special prosecutor to investigate media killings in the Philippines.

Khan reported that the Ferdinand Marcos Jr. government did not reject the recommendation but said there are enough measures being undertaken by the Presidential Task Force on Media Security (PTFoMs) and the Department of Justice (DOJ).

Khan however pointed out said the continued killings and the very high rate of impunity that have persisted imply that the said measures are insufficient.

“Because of that, I would insist that the government should review these issues and make these special measures,” Khan continued.

On red-tagging and terrorism-based charges

Khan also mentioned that although the Philippine government welcomed some of her recommendations, such as legislation to improve the conditions of journalists, it remains unclear on key issues like red-tagging.

In its reply to Khan’s report, the Marcos government stated: “The Philippine Government does not engage in nor condone red-tagging and adheres to clear policies that discourage such practices.”

Khan however said that if the government is serious in not engaging in red-tagging, it should issue an official executive order condoning the practice and “make it very clear that there will be consequences if state officials continue such practice.”

“Regardless of whether or not the government condones it, or whether there is an official policy on it– the facts on the ground are that people are being red-tagged and endangered,” said Khan, adding that her finding was supported by the Commission on Human Rights. 

“The government cannot simply say it does not have a policy. It’s time for the government to act and make it very clear,” she said. 

She also urged the government to reconsider the abolition of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) given the lack of confidence that communities and civil societies have on the task force.

“The government should examine this body and consider whether a more independent or a more inclusive approach would not be better to address inequalities and other root causes,” she said.

Khan also took the government to task on the prolonged imprisonment of journalist Frenchie Mae Cumpio.

Khan rejected government’s claim Cumpio and human rights advocates Mariel Domequil and Alexander Philip Abinguna were all “lawfully arrested.”

“She [Frenchie Mae] was arrested in 2020, and she still remains in prison without bail while her case is proceeding. And that is precisely a situation where it’s a travesty of justice,” Khan said.

“The slow justice system means that people are being punished without being found guilty,” she continued.

Attention on the Philippine remains

Khan added that she considers the case of Cumpio, Domequil and Abinguna as emblematic cases when there is no accountability, and when the powerful has the free hand to lock people up for having different points of view.

“But what we can do is to stand in solidarity, and those of us who have freedom of expression can speak on behalf of those who are being deprived of their freedom of expression,” she said.

She then reiterates that although it was positive that the Philippine government is considering rejoining the Rome statute of the International Criminal Court, there are many other things that need to be done.

“The country has gone through a very traumatic period under the previous administration and the current one is making some right noises. But it still needs a push from the international community,” she reminded. (AMU, RBV)