Cristina Palabay

Cases
Location of case in SG report
2020-102-901
Relevant SG report
Year of the report
2020
Country Geolocation

Latitude: 12.879721

Longitude: 121.774017

Country Geolocation (linked Cases)
Philippines
From Region
Type of record
Named individual
Gender
Female
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

SG of Karapatan Alliance for the Advancement of People’s Rights

Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

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.

Engagement with UN body
  • UN Human Rights Council: UN Human Rights Council - General
Dates of engagement
June 2019; September 2019; March 2020; 9 December 2019
Type of attempted engagement
  • Participation in meeting on UN premises
  • Submission of information to UN
Dates of mentioned reprisals
10 December 2019
Reprisal information

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.

Types of reprisals suffered
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
23 July 2020
Government response content

It reiterated that the allegations of harassment, intimidation and threats against Karapatan are baseless.

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?
4
In which SG report was this case followed up on? 0
2021
Follow up information provided in SG report 0
  1. The cases of the Karapatan Alliance of People’s Rights, a national alliance of human rights organizations, and of its Secretary General, Ms. Cristina Palabay, were included in the 2020 and 2019 reports of the Secretary-General 217 on allegations of intimidation and reprisals for their engagement with the UN. Special procedures mandate holders addressed alleged killings of two members of the Karapatan alliance as well as the arbitrary detention and legal cases against Karapatan members and staff, stating that incidents were believed to be reprisals for their international advocacy, including before the Human Rights Council (PHL 1/2020).
  2. 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).
Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
28 September 2020
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 1
2022
Follow up information provided in SG report 1
  1. 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-General 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.
  2. 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).
  3. In September 2021 and January 2022, the Government responded 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.
  4. 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.
  5. 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.
Followup Trends 1
Deterioration/further reprisals
Did the government respond? 1
No
In which SG report was this case followed up on? 2
2023
Follow up information provided in SG report 2
  1. 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.
  2. 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).
  3. 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.
Followup Trends 2
Deterioration/further reprisals
Date of follow up 2
7 March 2023
Did the government respond? 2
No
Was this case followed up by a UN body? 2
  • UN (Dep.) High Commissioner on Human Rights
In which SG report was this case followed up on? 3
2024
Follow up information provided in SG report 3

  1. 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

  2. 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.

  3. 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.

Followup Trends 3
Significant positive and negative developments
Did the government respond? 3
Yes