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, and in a follow up letter on 30 August 2018. 149 The Committee urged the Government to stop the targeting of indigenous leaders and human rights defenders, including incumbent and former United Nations special procedures mandate holders, as terrorists, which could amount to intimidation and reprisals. In August 2018, UN experts urged further action to remove names on the Government’s “terror list.” 150

Concerning the situation of Karapatan, the Government indicated that it is unlawfully operating since its corporate existence and registration have long been ordered revoked for the non-filing of reports. In view of the Government, Karapatan has failed to substantiate its figures concerning human rights violations or present evidence before an independent domestic body created to look into the allegations. Regarding the creation of the National Task Force to End Local Communist Armed Conflict, the Government states that some indigenous peoples and rights defenders have been exploited by terrorist organizations and misuse the international system and its sympathies, calling State efforts to uphold the rule of law, bring perpetrators to justice, and put an end to atrocities these groups commit with impunity as “acts of reprisals.”

100. The Karapatan Alliance for the Advancement of People’s Rights, a national alliance of human rights organizations, was included in the 2019 report of the Secretary- General, in connection with alleged intimidation and reprisals for its engagement with the UN (A/HRC/42/30, Annex II, para.83). On 15 April 2020, special procedures mandate holders addressed concerns to the Government about alleged killings of two members of the Karapatan alliance as well as office raids, arbitrary detention and legal cases against Karapatan secretariat members and staff (PHL 1/2020) from May 2019 to March 2020. They detail a pattern of the targeting of multiple organizations and individuals, stating that “it is believed that all...incidents are reprisals for the advocacy work conducted by Karapatan, RMP and Gabriela at the national and international level, including before the UN Human Rights Council” (PHIL 1/2020).

101. In particular, they referred to ongoing patterns of harassment, including death and rape threats against Ms. Cristina Palabay, Secretary General of Karapatan, who led delegations of human rights defenders to the 41st, 42nd and 43rd sessions of the Human Rights Council, including to support the adoption of resolution 41/2 on the Philippines (see also PHL 7/2019). On 9 December 2019, Karapatan sent a submission to OHCHR and held a press conference. The following day, Ms. Palabay received several text messages with death and rape threats, and threats on social media, including from the accounts of the Philippine National Police, Armed Forces of the Philippines and the National Task Force to End Local Communist Armed Conflict. Mandate holders expressed grave concern at the apparent retaliation against members of the Karapatan alliance for their human rights activities, including their engagement with the Human Rights Council (PHIL 1/2020).

102. On 23 July 2020, the Government responded in detail to the note verbale in connection to the present report. [...]

103. Regarding the alleged killing of two members of the Karapatan alliance, the Government stated that it will address this allegation as soon as information is received from relevant agencies. Concerning the alleged office raids and arbitrary arrest of Karapatan staff members, the Government stated that the intervention by law enforcement was based on two valid search warrants and the operation resulted in the confiscation of various firearms and live ammunitions. The five individuals concerned were lawfully arrested and had access to members of their families as well as legal counsel. The Government provided details about the petition brought against the President and several high-ranking government officials by three NGOs, Karapatan, Gabriela and Rural Missionaries of the Philippines. It reiterated that the allegations of harassment, intimidation and threats against Karapatan are baseless.

109. On 28 September 2020, special procedures mandate holders addressed the killing of another Karapatan member on 17 August 2020 (PHL 5/2020). It was reported to OHCHR that, following this killing, Government officials red-tagged Ms. Palabay and Karapatan staff and volunteers with public statements, including during discussions at the 45th session of the Human Rights Council, prior to and after the adoption of resolution 45/33 when civil society actors were actively engaging with the UN. Armed Forces of the Philippines Southern Luzon Commander and spokesperson of the National Task Force to End Local Communist Armed Conflict red-tagged Karapatan reportedly in relation to its role in providing information to the UN on the human rights situation in the Philippines. Karapatan and its members were accused of association with the CPP-NPA-NDF and portrayed as “conspiring to commit terrorist action” (PHIL 5/2020).

121. The cases of the Karapatan Alliance of People’s Rights, a national alliance of human rights organizations, and its Secretary General, Ms. Cristina Palabay, were included in the 2019, 2020 and 2021 reports of the Secretary-General161 on allegations of red-tagging- or the labelling as communists or terrorists-, harassment, arbitrary arrests and charges in connection with their engagement with the UN, including OHCHR, the Human Rights Council, and special procedures mandate holders (PHIL 1/2020). In August 2021, the Government responded noting that the verdict of the Supreme Court had dismissed allegations filed by Karapatan and other NGOs and stating that Karapatan is a case for United Nations entities to enhance their due diligence when assessing allegations from sources.
122. On 27 May 2021, mandate holders addressed allegations of cyber-attacks as well as the red-tagging, arbitrary arrest and charges against one Karapatan staff who was allegedly added to the Government’s list of “communist-terrorist group priority targets” (PHIL 3/2021). On 8 October 2021, mandate holders expressed concerns that cyber-attacks were reportedly linked to an IP address under the Department of Science and Technology (PHIL 5/2021). They noted that Karapatan had previously been portrayed as a threat to national security and labelled as “communist” or “terrorist” organisation, including through statements by representatives of the Government, both online and offline (PHIL 5/2021).
123. In September 2021 and January 2022, the Government responded162 providing detailed information on the cases and underlining the diligence of law enforcement officials in keeping with the rule of law. The Government emphasized the importance that it attaches to safeguarding civic space and acknowledged that ensuring plurality of voices, including dissenting ones, is vital to the functioning of democracy. It regretted that certain sectors are exploiting their access to civic space in Geneva to falsely characterize Government lawful actions as “arbitrary arrests, trumped-up charges, planting of evidence, attack against defenders, act of reprisals, etc”. Regarding allegations of cyber-attacks, it informed that there is an ongoing confidential investigation, and it is not in a position to discuss the details pending its outcome.
124. According to information received by OHCHR, Ms. Palabay continues to suffer online threats, harassment, and legal action. Karapatan continues to engage with the UN, including as part of the Technical Working Group on Civic Space and Engagement of Civil Society and the Commission on Human Rights under the UN Joint Programme on Human Rights, which is implementing Human Rights Council resolution 45/33.
125. On 26 July 2022, the Government replied to the note verbale sent in connection to the present report highlighting that the Philippines is home to civil society organizations and human rights defenders that freely and consistently access UN human rights bodies through communications. The Government noted that it has already comprehensively addressed the reprisal allegations contained in the present report, including through its response to the 2021 Secretary-General’s report and referred to it. The Government further highlighted relevant developments not covered in previous replies to provide a broader perspective of the human rights situation in the country. Amongst other developments, it referred to the first Human Rights Defenders National Assembly that took place on 14 December 2021 spearheaded by the Presidential Human Rights Committee Secretariat and inspired civil society organizations and human rights defenders to send communications to the OHCHR acknowledging the value of both the Philippines’ and OHCHR’s human rights efforts. The Government also underlined that civil society freely submits parallel or shadow reports to UN treaty bodies prior to State constructive dialogues and to the UN Human Rights Council prior to the Universal Periodic Review.

119. The cases of the Karapatan Alliance of People’s Rights, a national alliance of human rights organizations, its Secretary General, 142 Ms. Cristina Palabay, and its staff have been included since 2018 in the reports of the Secretary-General on allegations of red-tagging – i.e. the labelling as communists or terrorists – state-linked cyber-attacks, arbitrary arrests and charges in connection with their engagement with the United Nations.143 During the reporting period, Karapatan continued to engage with the United Nations, including during the fourth cycle of Universal Periodic Review of the Philippines.
120. On 18 June 2022, days before Ms. Palabay was due to testify in a perjury court case brought by the authorities against her and other members of Karapatan in 2019, the Special Rapporteur on human rights defenders144 called on the authorities to protect human rights defenders instead of pursuing countersuits against them for seeking legal protection from threats. The September 2022 report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the implementation of HRC res 45/33 noted that, as of June 2022, several human rights defenders, including from Karapatan, were facing perjury charges (A/HRC/51/58, para. 35). 121. According to information received by OHCHR, on 9 January 2023, a judge from the Quezon City Metropolitan Trial Court Branch acquitted Ms. Palabay and other Karapatan staff in the perjury case.145 On 2 March 2023, the Prosecutor Office of Quezon City and the current National Security Adviser filed a petition for certiorari concerning the judge and the human rights defenders as public and private respondents, respectively for a “grave abuse of discretion” in relation to the acquittal.122. On 7 March 2023, while the High Commissioner for Human Rights welcomed146 the acquittals of human rights defenders, he noted that there must be an end to other politically motivated charges, and a safer environment for civil society. Karapatan and its staff have reportedly continued to be the subject of red-tagging, threats, and stigmatisation on social media in connection to their engagement with the United Nations during the period, including for their participation in the fourth cycle of Universal Periodic Review of the Philippines.

The cases of the Karapatan Alliance of People’s Rights, a national alliance of human rights organizations, its Secretary General,154 Ms. Cristina Palabay, and its staff have been included since 2018 in the reports of the Secretary-General on allegations of red-tagging – i.e. the labelling as communists or terrorists – state-linked cyber-attacks, arbitrary arrests and charges in connection with their engagement with the United Nations.155 On 2 March 2023, Ms. Palabay and other Karapatan staff were acquitted of perjury charges levelled against them in 2019.156

According to information received by OHCHR, on 17 November 2023, the judge presiding over the Quezon City Regional Trial Court Branch dismissed the petition for certiorari filed by the Prosecutor Office of Quezon City seeking to overturn the acquittal of the Karapatan Alliance, Ms. Palabay and its staff. On 14 December 2023, the General Prosecutor filed a motion for reconsideration of the judge’s decision, which was denied. On 29 February 2024, Karapatan received a notice from the Office of the General Prosecutor stating that it was appealing the judge’s decision before the Court of Appeals.

On 29 July 2024, the Government responded to the note verbale sent in connection to the present report denying the allegations of red-tagging and reprisals against the Karapatan Alliance of People’s Rights, its Secretary-General Ms. Cristina Palabay, and its staff and noting that such allegations had been found to be unsubstantiated by national Courts. It added that, on 30 April 2019, Karapatan, Ms. Palabay and nine other individuals affiliated with Karapatan, had filed a Petition for Writ of Amparo and Writ of Habeas Data (Amparo petition) before the Supreme Court, seeking to protect them against alleged threats, harassment, surveillance by state agents and red-tagging practices and that, on 24 May, the Supreme Court had directed the Court of Appeals to hear and resolve the petition, which it had dismissed on 28 June 2019. The Government added that, on 5 November 2023, the Supreme court had denied the Petition for Review on Certiorari of the said decision dated 28 June 2019.