A/HRC/57/60 14. Philippines 85. On 10 October 2023, mandate holders addressed allegations of judicial harassment under terrorism-related legislation34 and red tagging – i.e. the labelling as communists or terrorists – of Mr. Windel B. Bolinget as part of a group of human rights defenders and Indigenous leaders of the Cordillera Peoples Alliance (CPA). The CPA is a non-governmental organisation based in the Cordillera Region representing Indigenous peoples such as the Kankanaey and Bontok, the Limos and the Igorot (PHIL 4/2023).35 86. Mr. Bolinget has actively engaged with United Nations bodies and mechanisms over the years, including with the Forums on Business and Human Rights (2018 and 2022) and in the 4th cycle of the Universal Periodic Review of the Philippines (2023). Reportedly, as a result of this cooperation, Mr. Bolinget has been subjected to surveillance, harassment, and reputational damage. In 2021, the National Task Force to End Local Communist Armed Conflict (NTF-ELCA) referred to him and the NGO CPA as having “infiltrated the United Nations” (PHIL 4/2023). 87. On 24 January 2023, the Regional Trial Court in Bangued issued an arrest warrant for seven indigenous human rights defenders under charges of “rebellion” (article 134 of the Revised Penal Code) for their alleged involvement in an ambush on the Philippines Army on 27 October 2022. On 11 May 2023, the Court dismissed these cases for lack of probable cause and quashed the arrest warrants. Despite this decision, four of the Indigenous Peoples’ rights defenders, including Mr. Bolinget, were subsequently designated as terrorists affiliated with the Communist Party of the Philippines, the New People’s Army (CPP-NPA), in a resolution issued by the Anti-Terrorism Council on 7 June 2023 (PHIL 4/2023). 88. Pursuant to the designation,36 on 12 July 2023 the CPA bank accounts and the personal bank accounts of the four indigenous human rights defenders were frozen. On 23 June 2023, CPA leaders filed an appeal with the Supreme Court seeking legal protection in the form of a writ of amparo, given the risk they felt this resolution posed to their security (PHIL 4/2023). 89. On 29 December 2023, the Government responded37 to mandate holders noting that the fact that the court, after due process, had quashed the arrest warrant and dismissed the case against Mr. Bolinget unequivocally highlighted the availability of judicial remedies. The Government further addressed the legal basis for the designation of Indigenous leaders, including Mr. Bolinget, as “terrorists “noting that the designation process under the Anti-Terrorism Act is in line with UN Security Council resolution 1373. 90. According to information received by OHCHR, on 23 November 2023 Mr. Bolinget and the other members of the CPA submitted a petition (writ of amparo) at the Regional Trial Court Branch 7 in Baguio City regarding their terrorist designation. The first hearing took place on 14 December 2023 and the second hearing, scheduled for 26 January 2024, was postponed to 26 April and then to 12 June 2024. 91. On 29 July 2024, the Government responded to the note verbale sent in connection to the present report denying that Mr. Bolinget had been subjected to judicial harassment under the terrorism-related legislation and red tagging. It explained that under section 25 of Republic Act 11479, the Anti-Terrorism Council was vested with the authority to designate an individual, groups of persons, an organization, or an association as a terrorist(s) or terrorist organization upon a finding of probable cause, that they committed, attempted to commit, or conspired in the commission of terrorism, and that, following such a designation, the Anti-Money Laundering Council was authorized to freeze the assets of those designated as such. The Government added that the Regional Trial Court Branch 7 in Baguio City continued to hear the petition for certiorari and writ of a preliminary injunction filed by 34 35 36 37 30 The Anti-Terrorism Act of 2020, Terrorism Financing Prevention and Suppression Act of 2012, and Executive Order 68 of 2018. See also PHIL 1/2023 and PHIL 1/2021, and Government replies at https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37722 https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35937. Notice of Anti Money Laundering Council Resolution Number TF-67, series of 2023, 30 June 2023. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37722. GE.24-14259