A/HRC/42/30
the Government responded, addressing his charges and trial. 147 At the time of writing, Mr.
Aung Ko Htwe remains in Yangon’s Insein prison, where he has been since his arrest on 18
August 2017.
22.
Philippines
79.
Allegations of reprisals against the Commission on Human Rights of the Philippines
(PHL 12/2017) were included in the 2018 report of the Secretary-General (A/HRC/39/41,
paras. 61–62 and Annex I, paras. 84–85). As of May 2019, it was reported that members of
the Commission continue to be under surveillance by State agents and threats have been
made against their lives and security, amid calls for their resignation. Chairperson Mr.
Chito Gascon has been particularly targeted as head of the Commission, with a State agent
reportedly assigned to follow his movements. Mr. Gascon was also reportedly under
surveillance during a side event at the Human Rights Council in March 2019.
80.
Regarding the former Chair of the Commission, Ms. Leila M. de Lima, on 24
August 2018 the Working Group on Arbitrary Detention adopted an opinion 148 which
highlights, among other things, that the detention is deemed arbitrary (para. 61 and 67) and
recommends that Ms. De Lima be released immediately, afforded compensation (para. 81),
and that her detention be investigated (para. 82). Ms. de Lima has been in prison since
February 2018 on allegations of drug-related charges, deemed “politically motivated” by
several special procedures mandate holders (PHL 5/2017; A/HRC/40/60/Add.1, para. 403;
A/HRC/40/52, para. 58).
81.
In the 2018 report of the Secretary-General it was noted that multiple actors
expressed concern at the February 2018 petition of the Department of Justice to a Manila
court which sought to declare the Communist Party of the Philippines (CPP) and the New
People’s Army (NPA) as “terrorist” organizations (A/HRC/39/41, para. 62 and Annex I,
paras. 86–89). In particular, they noted that the petition included a list of over 600
individuals labelled as de facto “terrorists,” among them recognized human rights
defenders, indigenous peoples’ representatives, and representatives of community-based
organizations, a number of which had been long-standing partners of the United Nations.
82.
In July 2018, the Manila Regional Trial Court reportedly requested the removal of
multiple names from the list based on a petition, and in January 2019, the Department of
Justice amended the original petition to an abridged list. Multiple individuals still report
being targets for having previously been listed, including subjected to harassment,
surveillance and stigmatization.
83.
Among this list were past and current human rights defenders of the Karapatan
Alliance for the Advancement of People’s Rights, a national alliance of human rights
organizations and individuals. In April 2019, Karapatan members reportedly were subjected
to continued threats, harassment and intimidation against them and their partners. They
noted in particular the “red-tagging” (Executive Order No. 70), which attempted to
discredit the reports Karapatan sends to the UN as a basis for smear and vilification
campaigns, and the terrorist-labelling of organizations in line with the Government’s
counterinsurgency program. Karapatan cited defamatory propaganda materials circulated in
public places and online, most recently in December 2018 and February 2019. They also
noted public statements by officials calling for the defunding of organizations to halt their
advocacy work.
84.
Several indigenous peoples’ representatives and human rights defenders advocating
for the rights of indigenous peoples were on the petition of the Department of Justice,
addressed by CERD on 8 May 2018 under its early warning and urgent action procedures,
147
148
GE.19-15332
Response from Government:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34553.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34576.
Opinion No. 61/2018 adopted by the Working Group on Arbitrary Detention at its eighty-second
session, concerning Leila Norma Eulalia Josefa De Lima (Philippines), 20–24 August 2018.
61