A/HRC/42/30
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
85.
On 21 June 2019, the Government responded to the allegations. Regarding the
situation of the Commission on Human Rights, the Government stated that contrary to the
allegations of reprisals, it has further cultivated enabling conditions and environment for the
work of the Commission with the unprecedented increase of its 2017 budget by over 60%
from its regular budget. With reference to the statement by the Presidential spokesperson,
the Government indicated that it exercises full rights to legitimately respond to public
statements by other actors and that labelling Government’s statements as acts of reprisals
and intimidation is a curtailment of the role of State actors in any democratic process.
Regarding the case of Senator de Lima, the Government provided detailed information on
the legal proceedings and the status of the ongoing cases against her, indicating that it is
improper to intervene with regard to her detention and prosecution in light of concerns for
the independence and impartiality of the judicial process.
86.
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.”
23.
Russian Federation
87.
Reported acts of harassment, surveillance, threats, and intimidation against Ms.
Yana Tannagasheva and Mr. Vladislav Tannagashev and their families, representatives of
the Shor indigenous peoples from South West Siberia, as reprisals for cooperation with the
CERD, were included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 63,
Annex I, paras. 90–91). In April 2018, as a consequence of the threats, they left Russia with
their children. In May 2018, CERD raised their situation with the State party and, in June
2018, special procedures mandate holders raised concerns with the authorities (RUS
149
150
60
https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/PHL/
INT_CERD_ALE_PHL_8761_E.pdf.
OHCHR, “The Philippines: UN experts urge further action to remove names on Government’s “terror
list,” (20 August 2018).