Philippines: Harassment and targeting of activists, NGOs continue despite formation of new human rights ‘super body’

The state of civic space in the Philippines is rated as ‘repressed’ by the CIVICUS Monitor. Concerns documented in recent years include the arrest and detention of activists, often on fabricated charges. Human rights defenders have also been ‘red-tagged’, putting them at risk of arrest or even being killed. Civil society has also documented the harassment and attacks against journalists.

In April 2024, Amnesty International issued its annual report, which stated that the practice of “red-tagging” human rights defenders and others persisted in 2023, and counterterrorism legislation was increasingly used against humanitarian workers. Freedom of expression continued to be restricted, and enforced disappearances of environmental activists and Indigenous persons were reported.

The Philippine Supreme Court issued a major ruling on 8th May 2024, declaring “red-tagging” a threat to people’s life, liberty and security. In its ruling, the Supreme Court overturned a lower court's 2023 decision dismissing a 2020 petition brought by a red-tagged activist, Siegfred Deduro, who sought a writ of amparo, which allows a person to seek various remedies from the courts, such as protection orders.

On 21st May 2024, civil society organisations raised concerns on the creation of the Special Committee on Human Rights Coordination by President Ferdinand Marcos Jr. They include concerns that the ‘super body’ is led and dominated by government agencies that not only failed to address the many human rights issues relating to the brutal “war on drugs” and suppression of freedoms and dissent but are, in fact, part of the problem. Further, excluded from the new special committee is the Commission on Human Rights (CHR).

In recent months, two environmental defenders were abducted while NGOs continue to face terrorist financing charges. Security forces raided the home of a peasant leader in Bulacan, the bank accounts of a development NGO based in Leyte province were frozen, while a UN report raised concerns about environmental human rights defenders. There continues to be concerns about press freedom under the current president as the Philippines press freedom ranking dropped. May Day protesters were detained for six days before obtaining bail.

Association

Two environmental defenders abducted in Pangasinan

On 24th March 2024, two environmental human rights defenders in Pangasinan were abducted.

According to KARAPATAN, Francisco “Eco” Dangla III and Joxielle “Jak” Tiong were riding a tricycle in Barangay Polo, San Carlos City, Pangasinan when a grey pick-up vehicle overtook them at around 8:00 p.m. Three masked men aboard seized the keys to the tricycle and the tricycle driver’s cellphone. Eco and Jak were then manhandled and forced into the vehicle. Also involved in the abduction were two men riding a motorcycle.

Both Eco and Jak are affiliated with the Pangasinan People’s Strike for the Environment and the People’s Empowered Action on Care for the Environment (PEACENet) under Caritas. They led campaigns regarding the proposed black sand mining operations and nuclear power plants, among other environmental concerns, in the province. Prior to their abduction, they had been wrongly tagged as a “terrorist” and a “threat” by state security forces.

They resurfaced three days later but were too traumatised to speak about their abduction.

Terrorist financing charges filed against development NGO in Cebu

In May 2024, terrorist financing charges – believed to be trumped up - were filed against the Community Empowerment and Resource Network (CERNET) and 28 individuals currently or previously on its council, board or staff.

CERNET was accused of handing over in 2012 PhP135,000 (USD 2,313) to the South Eastern Front (SEF) group of the National People’s Army (NPA) in Dumaguete City, which is classified as a terrorist organisation.

Founded in 2001, CERNET is a Cebu-based development NGO that has consistently worked alongside grassroots organisations to alleviate poverty in marginalised communities in the Visayas. It has received recognition for its work but has also been the target of unfounded accusations of having links to the Communist Party of the Philippines and New People’s Army (CPP-NPA).

In an order dated 13th May 2024, Presiding Judge Marlon Jay Moneva of the Cebu City Regional Trial Court Branch 74 issued warrants of arrest against Maria Ira Pamat and 27 other individuals with current or previous connections to CERNET for violating Section 8 (ii) in relation to Section 9 of the Terrorism Financing Prevention and Suppression Act of 2012 and set bail at PhP 200,000.00 (USD 3,426.74) each. They posted bail on 17th May 2024.

In a statement, the Action Network Human Rights-Philippines (AMP) condemned the charges against CERNET as “baseless accusations that only hinder the important work of human rights and development workers”. The AMP also said that “it appears that the Philippine government is under pressure to show progress in the prosecution of terrorism financing and money laundering cases in order to be removed from the “grey list” of the Asia/Pacific Group on Money Laundering (APL).”

Two Southern Tagalog activists cleared of terror financing charges

In April 2024, two Southern Tagalog young activists, Fritz Jay Labiano and Adrian Paul Tagle were charged with violating the Terrorism Financing Prevention and Suppression Act of 2012. The government made the terror charges public on 8th April 2024, but the exact date of the charges was not revealed.

Labiano is the coordinator of the rights group Kabataan Partylist in Quezon province, and Tagle is the coordinator of Tanggol Quezon, an advocacy group. If convicted, they face life imprisonment.

Both Tagle and Labiano have been providing paralegal services and other forms of humanitarian assistance to political prisoners. The charges against the two stemmed from a complaint filed by the Philippine military after they were accused of giving PhP 500 (USD 9), drinking water and food items to two female political detainees - environmental defender Miguela Peniero and indigenous rights advocate Rowena Dasig. They were also accused of providing material support to terrorists under Section 12 of the draconian Anti-Terrorism Act.

Charm Maranan, spokesperson for the rights group Defend Southern Tagalog said: “the indictment of young activists comes as a shock, as both individuals were unaware that complaints had been filed against them until a preliminary investigation resolution was released on 8th April, recommending criminal charges.”

On 5th June 2024, the two activists were cleared of terrorism financing charges by the Batangas Trial Court Branch 7. The court cited a lack of evidence in dismissing the case.

Security forces raid home of peasant leader in Bulacan

On 18th June 2024, security forces conducted an illegal raid of peasant leader Ronnie Manalo’s residence as well as a military operation targeting peasant communities in Bulacan. Five soldiers reportedly forcibly entered the unoccupied residence of Manalo, searched his property and ransacked it. A gun was allegedly found inside, which human rights group KARAPATAN believed to be planted.

Manalo is currently the Secretary General of the Kilusang Magbubukid ng Pilipinas (KMP, Peasant Movement of the Philippines) and the Spokesperson of Tanggol Magsasaka (Defend Farmers). He has long been a victim of threats and red-tagging from state forces, owing to his long-time active involvement in the peasant struggle in the Araneta Estates. Prior to the incident, residents observed the increasing presence of the military in these peasant communities.

Bank accounts of development NGO based in Leyte province frozen

The Anti-Money Laundering Council (AMLC) froze the bank accounts of an NGO working for communities in Eastern Visayas and those of its staff members and suppliers.

According to Jazmin Jerusalem, executive director of the Leyte Center for Development (LCDe) based in Palo town, Leyte, the decision stemmed from the military’s accusation linking the group to the communist insurgency. The military branded the LCDe as a front organisation of the Communist Party of the Philippines and its armed wing, New People’s Army (CPP-NPA), during the Duterte administration.

According to Jerusalem, they learned about the freezing only on 2nd May 2024 when they went to a bank in Tacloban to withdraw money to buy essentials. According to the bank manager, they received a copy of the order of AMLC freezing their accounts, citing “financing terrorism” as the reason for the move.

LCDe’s organisational bank account contained donations amounting to more than PhP 2 million (USD 34,244) coming from foreign donors in Japan, South Korea, Belgium, Germany, the United Kingdom and the United States.

For the last 36 years, LCDe has been helping poor communities in Leyte and Samar, especially in disaster response and management. It was also particularly active during the pandemic and has won awards for its work.

In June 2024, AMLC froze the accounts of the Citizens’ Disaster Response Center (CDRC), a development NGO with partners nationwide focused on community-based disaster management, allegedly because the latter is a direct recipient of funds from the bank accounts of LCDe.

UN report raises concerns about environmental human rights defenders

In June 2024, the UN Special Rapporteur on Climate Change issued a report on a visit to the Philippines in November 2023. Among other concerns, the report highlighted the challenges faced by environmental defenders.

In the report, the Special Rapporteur said that a number of individuals and organisations have faced human rights violations for their environmental activism. All the organisations the Special Rapporteur spoke with have had members of their organisations harassed, vilified, abducted or jailed and some have lost their lives.

The report stated that the government, through the Philippines Defence Force and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), have systematically “red tagged” environmental human rights defenders and Indigenous Peoples. The Special Rapporteur also heard that various clergy and humanitarian workers have been falsely accused under the Anti-Terrorism Act. They reported that their bank accounts have been frozen under terrorism financing provisions.

The rapporteur called for the enactment of a Human Rights Defenders Bill and the disbanding of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), as it is misusing its powers and targeting environmental human rights defenders and Indigenous Peoples. Recommendations were made that a proposed inquiry by the Commission on Human Rights on "red tagging" should be strongly supported and that a major judicial inquiry should be held to review all cases against environmental human rights defenders who have been prosecuted as a result of trumped up charges.

Last fabricated charge against Leila de Lima dismissed

On 24th June 2024, the Muntinlupa Regional Trial Court Branch 206 dropped the last remaining illegal drugs charge against human rights campaigner Leila de Lima. The charge was based on allegations that she took money from inmates inside the country’s largest prison to allow them to sell drugs while she was justice minister from 2010 to 2015.

The ruling ended a series of cases that human rights groups say were fabricated, targeting de Lima, one of the most vocal and powerful critics of former president Rodrigo Duterte and his deadly drug war.

The 64-year-old former senator and former justice minister was arrested in 2017 and spent more than six years detained at the headquarters of the Philippine National Police while on trial on three drug trafficking charges. She described the cases as payback for her efforts to investigate Duterte’s drug war. De Lima was freed on bail in November 2023, while the two other drug charges were dismissed by two different courts in 2021 and 2023.

According to Amnesty International, court proceedings against de Lima in the last six years were marked by undue delays, including the repeated failure of prosecution witnesses to appear in court, with some saying they were coerced and threatened by former government officials to fabricate allegations against her, and changes in judges handling the cases against her. In 2018, the UN Working Group on Arbitrary Detention concluded that the detention of de Lima was arbitrary.

Expression

Concerns about press freedom under current president

On 3rd May 2024, the Center for Media Freedom and Responsibility (CMFR) presented its findings on the state of media freedom. The group stated that “despite the change in style and outlook of President Ferdinand Marcos Jr., the current president has yet to act on his words upholding the place of the press as a pillar of democracy.”

CMFR and NUJP recorded around 135 incidents of attacks and threats against media workers from 1st July 2022 to 30th April 2024. This number exceeds the number of attacks and threats in the first 22 months of Duterte’s term. During the period, there were 75 cases of intimidation. These include 45 cases of red-tagging and 19 cases of surveillance.

Eight journalists were charged with libel and cyber libel. In addition, four of the five arrests recorded during the period were for past cyber libel charges. There were three killings during the period: Rey Blanco on 18th September 2022, Percy Lapid on 3rd October 2022, and Cresencio Bundoquin on 30th May 2023.

Of the 135 cases, 50 cases or 37 percent were allegedly perpetrated by state agents: 32 from state forces which include the military, police, and the NTF-ELCAC; nine from the National Government; eight from the local government; and one from a foreign government.

Press freedom ranking drops

In May 2024, the Philippines slipped two places on the Reporters Without Borders’ (RSF) World Press Freedom Index for 2024, and currently ranks 134th out of 180 countries and territories.

In 2023, the Philippines hit its highest press freedom ranking in six years, when President Ferdinand “Bongbong” Marcos Jr. marked his first year in office. Despite this, RSF and media watchdogs believe attacks and harassment against the Philippine press are “still worrisome” today.

In its report, RSF said that while the 1987 Constitution upholds the freedom of the press, Philippine law “does not protect journalistic freedom in practice.” Harassment by means of threats and “red-tagging” persists, while defamation and cyber-defamation are still punishable by prison sentences.

Some journalists critical of the authorities are facing trumped-up criminal charges. Alternative website editor Frenchie Mae Cumpio has been detained since 2020 on charges of illegal possession of firearms and explosives, non-bailable offences punishable by imprisonment.

Accountability for killing of journalists

Over the last few months there have been two cases where there has been some accountability for attacks on journalists.

In April 2024, law enforcement authorities arrested the suspected gunman - Jolieto Dumaog Mangumpit alias ‘Ricky - in the killing of broadcaster Juan "DJ Johnny Walker" Jumalon in Dipolog City, Zamboanga del Norte.

As previously documented, radio journalist Jumalon was shot and killed while broadcasting from his home in the city of Calamba, on the southern island of Mindanao. The assailant entered Jumalon’s home-based radio station pretending to be a listener and shot him twice during his live broadcast on Facebook.

In May 2024, a Regional Trial Court (RTC) judge sentenced a self-confessed gunman in the killing of broadcaster Percival “Percy Lapid” Mabasa more a year after his death. Presiding Judge Harold Cesar Huliganga sentenced Joel Escorial to eight years and eight months or up to 16 years in prison.

As previously documented, on 3rd October 2022 the gunman fatally shot Mabasa while he was inside his vehicle. Mabasa, who broadcast for station DWBL, rose to prominence for criticising former President Rodrigo Duterte and his “war on drugs", and Marcos, the son of the late dictator. Mabasa also tackled on air the practice of “red tagging” leftist activists and other critics of the government.

Peaceful Assembly

May Day protesters denied bail for six days

Six activists were arrested during a Labour Day protest on 1st May 2024 in front of the United States Embassy. Four of those arrested are students of the University of the Philippines, while the remaining two are youth activists from Anakbayan Caloocan.

According to KARAPATAN, the Philippine National Police breached the protesters’ ranks, tried to disperse them with water cannon and arbitrarily pulled protesters from the crowd, pinned them to the ground and arrested them without warrants.

Manila police filed complaints of illegal assembly, direct assault, disobedience, and malicious mischief against the six, according to court documents.

Under Article 125 of the Revised Penal Code, people arrested without a warrant shall be charged and brought to court within 36 hours. However, there was a delay in the proceedings which extended the detention of the activists to a week.

According to reports, an inquest took place on 2nd May 2024. An inquest is an expedited type of preliminary investigation by prosecutors for people arrested without warrants. The purpose is to charge them quickly so they can post bail immediately. However, the prosecution did not come to a resolution following the inquest proceedings.

On 3rd May, the activists had to file an urgent petition to set bail before the Manila Regional Trial Court (RTC). However, due to the absence of a prosecutor to comment on their filed petition, it was scheduled for 6th May.

They were released on bail on 7th May 2024 after being charged with illegal assembly under the Public Assembly Act of 1985 and direct assault under the Revised Penal Code.