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The city council says UN Special Rapporteur Irene Khan’s report offers ‘crucial recommendations for legal, policy, and institutional reforms’
BAGUIO, Philippines – In a move that placed Baguio’s lawmakers at odds with the Marcos administration, the city council on Monday, June 23, unanimously approved a resolution endorsing the findings and recommendations of United Nations Special Rapporteur Irene Khan about the human rights situation in the country.
The resolution, authored by Councilor Jose Molintas, a human rights lawyer, commended Khan for her “thorough and insightful report, which provides invaluable information and analysis essential for promoting and protecting freedom of opinion and expression in the Philippines.”
Council members pointed to her findings that detailed ongoing threats to freedom of expression, including red-tagging, attacks on journalists and activists, and the “chilling effect of certain legal provisions.”
“[T]he report offers crucial recommendations for legal, policy, and institutional reforms to strengthen freedom of expression and uphold international human rights standards,” the resolution read.
Khan delivered her report on June 18 before the 59th UN Human Rights Council Session. Her visit to the Philippines from January 23 to February 2, 2024, included meetings with civil society groups, media organizations, and government officials.
She noted that government measures to uphold human rights since President Ferdinand Marcos Jr. took office “have not been sufficient.” Her report cited the state’s continued practice of red-tagging, arrests without due process, and the broad powers granted to the Anti-Terrorism Council (ATC), including the authority to designate individuals as terrorists without judicial oversight.
Khan reiterated her call for the release of journalist Frenchie Mae Cumpio and for the abolition of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). She also urged the review and amendment of the anti-terror law and the adoption of concrete measures to end red-tagging and assist vilification victims.
“This Sanggunian strongly supports the recommendations outlined in the report and urges the Government of the Philippines to fully implement them without delay,” the council stated.
‘Egregious violations’
Of particular concern is the Anti-Terrorism Act of 2020 and the ATC’s power to designate individuals as terrorists without due process, enabling asset freezes, arrests, and criminal charges with excessive bail – often targeting human rights defenders and activist groups.
The city council said the ex parte designation of individuals and the filing of charges under the anti-terrorism law represent “egregious violations” of democratic principles and constitutional rights.
It urged the Department of Justice (DOJ) to promptly review all terrorism-related cases against activists, especially those cited in the UN report, and to drop charges where due process or human rights were violated, particularly in cases involving alleged terrorist financing against rights defenders and progressive groups.
“This review should give particular attention to cases where designations were made ex parte and without adequate opportunity for defense,” the council added.
The city council has previously passed resolutions urging the delisting of Cordillera activists as terrorists – in 2018, when the DOJ included seven former and current leaders of the Cordillera Peoples Alliance (CPA) in its petition to proscribe the Communist Party of the Philippines and New People’s Army as terrorist organizations, and in 2023, following the ATC’s designation of four CPA leaders as terrorists.
The local legislators also declared Baguio as an inclusive human rights city and passed an ordinance prohibiting red-tagging and other forms of discrimination and vilification.
PH rejects report
In its official response, the government rejected Khan’s report regarding the arrest of Cumpio and two human rights workers, stating that the act was lawful and the ongoing court hearing proves observance of due process.
The government also denied practicing red-tagging, contradicting the report that the NTF-ELCAC and state agents are key drivers of the practice.
“The Philippine Government stands on high moral ground and rejects the rhetoric of ‘red-tagging’ due to the absence of any policy or jurisprudence substantiating such a claim,” it said.
It reiterated the Marcos administration’s continued support for the NTF-ELCAC, describing the body as central to the state’s anti-insurgency strategy. It also maintained that the Anti-Terrorism Act contains sufficient safeguards and remains a necessary tool against violent extremism. – Rappler.com
