Indigenous peoples’ representatives and human rights defenders advocating for the rights of indigenous peoples in the Philippines
Cases- Location of case in SG report
- 2018-086-008
- Relevant SG report
- Year of the report
- 2018
- From Country
- Country Geolocation
Latitude: 12.879721
Longitude: 121.774017
- Country Geolocation (linked Cases)
- Philippines
- From Region
- UN body that raised the case prior to the SG report
- Assistant Secretary-General
- UN Treaty Bodies: CERD
- UN Special Procedures: Thematic
- Unclear
- Dates of prior UN action
- 4 May 2018; 8 May 2018; 18 May 2018; 8 June 2018
- Type of record
- Unnamed individual/group/organization
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Type of rights defended
- Indigenous peoples’ rights
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
In addition to the above-mentioned United Nations human rights mechanisms, several of these individuals have engaged with the former United Nations Working Group on Indigenous Populations, the United Nations Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples, the World Conference on Indigenous Peoples, and the United Nations Forum on Business and Human Rights.
- Engagement with UN body
- UN Special Procedures: UN Special Procedures - General
- UN Treaty Bodies: UN Treaty Bodies - General
- Dates of engagement
- unclear
- Type of attempted engagement
- Unclear
- Dates of mentioned reprisals
- February 2018
- Reprisal information
February 2018 petition of the Department of Justice to a Manila court in February 2018, seeking to declare the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) as “terrorist” organizations under the Republic Act 9372 or the Human Security Act 2007 (the anti-terrorism law). The petition includes a list of over 600 individuals who are labelled as de facto “terrorists.” It is reported that among these are least 80 recognized human rights defenders, indigenous peoples’ representatives, and representatives of community-based organizations. This is the first time the Human Security Act of 2007 has been used against numerous activists.
- Types of reprisals suffered
- Defamation / Defamation campaign
- Threats/Intimidations (incl. "fear of reprisal")
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- Yes
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 1
- In which SG report was this case followed up on? 0
- 2019
- Follow up information provided in SG report 0
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.”
- Followup Trends 0
- No substantive information provided by SG report
- Did the government respond? 0
- Yes
- Was this case followed up by a UN body? 0
- UN Special Procedures: Thematic