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ICHRP Condemns the Listing of Louie Jalandoni as Terrorist by the Anti-Terrorism Council

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Statement

December 9, 2022

The International Coalition for Human Rights in the Philippines (ICHRP) is one with the international community in condemning the listing of Louie Jalandoni, 87 years old, as “terrorist” by the Philippines’ Anti-Terrorism Council (ATC).

ICHRP supports the Committee DEFEND, a group defending the rights of Louie Jalandoni, in submitting the petition addressed to the Philippine President through the Justice Secretary Jesus Crispin C. Remulla, against the designation of Louie Jalandoni as terrorist. This submission by the Filipino people was supported by around 1,500 initial on-line signatories from the international community.

Last May 25, the Anti-Terrorism Council through its Resolution No. 31 unjustly designated Louie Jalandoni along with five other people, as terrorists without due process. This designation was based on trumped-up charges from their so-called confidential “verified information”. Jalandoni is the former chairperson of the Negotiating Panel of the National Democratic Front of the Philippines (NDFP), who has resided in the Netherlands since 1976.

“That the Anti-Terrorism Council can designate individuals or groups as terrorists without prior notice and transparency to its selection process clearly shows the Philippine government’s disregard for the right to due process of the Filipino people. It is no different from red-tagging, which arbitrarily labels as enemies of the state those who advocate for the legitimate demands of the impoverished Filipino people”, said ICHRP Chairperson Peter Murphy. “There is no judicial role in this designation, it is an arbitrary executive decision.”

Amidst the country’s worsening human rights crisis, ICHRP reiterates its calls on the Philippine Government to heed the recommendations of other member states of the United Nations in the recently concluded 41st Session of the Universal Periodic Review (UPR) last November to respect the rights of the Filipino people. Murphy also called for the international community to continue to monitor the developments of human rights under the administration of President Bongbong Marcos Jr, and to press for the Philippines to return to the jurisdiction of the International Criminal Court.

Joint statement: Standing in solidarity with Filipino human rights defenders

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Attached below is a joint statement by the 𝗪𝗼𝗿𝗹𝗱 𝗢𝗿𝗴𝗮𝗻𝗶𝘇𝗮𝘁𝗶𝗼𝗻 𝗔𝗴𝗮𝗶𝗻𝘀𝘁 𝗧𝗼𝗿𝘁𝘂𝗿𝗲 (𝗢𝗠𝗖𝗧) on the ongoing criminalization of ten human rights defenders and members of Karapatan, GABRIELA and the Rural Missionaries of the Philippines (RMP), to which the 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗖𝗼𝗮𝗹𝗶𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗛𝘂𝗺𝗮𝗻 𝗥𝗶𝗴𝗵𝘁𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗣𝗵𝗶𝗹𝗶𝗽𝗽𝗶𝗻𝗲𝘀 (𝗜𝗖𝗛𝗥𝗣) is a signatory.

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We, the undersigned organisations, express our utmost concern over the ongoing criminalization of ten human rights defenders and members of Karapatan, GABRIELA and the Rural Missionaries of the Philippines (RMP) in retaliation for their legitimate human rights work.

𝗘𝗹𝗶𝘀𝗮 𝗧𝗶𝘁𝗮 𝗟𝘂𝗯𝗶, Karapatan Chairperson; 𝗖𝗿𝗶𝘀𝘁𝗶𝗻𝗮 𝗣𝗮𝗹𝗮𝗯𝗮𝘆, Karapatan Secretary General; 𝗥𝗼𝗻𝗲𝗼 𝗖𝗹𝗮𝗺𝗼𝗿, Karapatan Deputy Secretary General; 𝗚𝗮𝗯𝗿𝗶𝗲𝗹𝗮 𝗞𝗿𝗶𝘀𝘁𝗮 𝗗𝗮𝗹𝗲𝗻𝗮, Karapatan Treasurer; 𝗘𝗱𝗶𝘁𝗮 𝗕𝘂𝗿𝗴𝗼𝘀; 𝗪𝗶𝗹𝗳𝗿𝗲𝗱𝗼 𝗥𝘂𝗮𝘇𝗼𝗹, and 𝗝𝗼𝘀𝗲 𝗠𝗮𝗿𝗶 𝗖𝗮𝗹𝗹𝘂𝗲𝗻𝗴, Karapatan National Council members; 𝗚𝗲𝗿𝘁𝗿𝘂𝗱𝗲𝘀 𝗥𝗮𝗻𝗷𝗼 𝗟𝗶𝗯𝗮𝗻𝗴, Gabriela Chairperson; 𝗝𝗼𝗮𝗻 𝗠𝗮𝘆 𝗦𝗮𝗹𝘃𝗮𝗱𝗼𝗿, Gabriela Secretary General; and 𝗦𝗿. 𝗘𝗹𝗲𝗻𝗶𝘁𝗮 𝗕𝗲𝗹𝗮𝗿𝗱𝗼, RMP member, are facing trial before the Quezon City Metropolitan Trial Court Branch 37 on malicious and trumped-up charge of “perjury” in retaliation for their actions seeking legal protection for human rights defenders. The week of January 2, 2023 the verdict will be handed down. If convicted, they could face up to four months or up to more than two years of imprisonment.

On May 6, 2019, due to the alarming increase in violence against human rights defenders in the Philippines, the above-mentioned human rights defenders from Karapatan, Gabriela, and the RMP filed a petition for the writ of amparo (protection order) and habeas data (access to information) before the Supreme Court, seeking protection against threats, attacks, and harassment by government officials. However, the Philippine Court of Appeals denied their petition in June 2019.

Following the rejection of the petition, the authorities responded with retaliatory measures against the 10 human rights defenders. On July 2, 2019, then-National Security Adviser General Hermogenes Esperon, who was named in the petition, lodged a complaint alleging that the 10 defendants had committed “perjury” by stating that the RMP was a registered non-governmental organisation at the Securities and Exchange Commission in the petition they filed before the Supreme Court. While the perjury complaint was initially dismissed for “lack of probable cause and/or insufficiency of evidence”, in February 2020, the Quezon City prosecutor sustained a motion for reconsideration filed by the National Security Adviser and found probable cause to charge the 10 human rights defenders with “perjury”. The charges against the 10 human rights defenders have been widely condemned by regional and global civil society organisations as well as the UN Special Rapporteur on the situation of human rights defenders.

Since the “perjury” charges were filed, the Department of Justice has charged at least 16 people, including nuns, linked to the Rural Missionaries of the Philippines with financing terrorism under Section 8(ii) of Republic Act 10168 or anti-terrorism financing act.

In the Philippines, human rights defenders continue to face attacks, killings, judicial harassment, arbitrary detention and stigmatisation campaigns by State agents, proxies, supporters and enablers. Since June 2016, when President Duterte took power, a climate of impunity for attacks against human rights defenders worsened. The killings of defenders have rarely been investigated, which increases the vulnerability of those who remain active, while undermining the human rights community’s confidence in the justice system. In addition, the Anti-Terrorism Act, which was passed in July 2020, further compounded the precarious situation for human rights defenders by legally formalising the practice of “red-tagging” defenders with overly broad and vague definitions of terrorism. The grave human rights situation in the Philippines including the ongoing onslaught facing human rights defenders has resulted in expressions of grave concern from the Office of the UN High Commissioner on Human Rights (OHCHR) in June 2020 and more recently a number of Members of the European Parliament. Similarly, in April 2020, 9 UN human rights experts expressed their concern regarding the killings, threats, detentions and criminalization of human rights defenders in the Philippines. Both the OHCHR and the UN human rights experts recommended establishing an international, independent investigation of human rights violations in the Philippines.

We call on the new President of the Philippines, Ferdinand Marcos Jr., to distance himself from the previous administration, and firmly commit to respecting the right to defend human rights. President Marcos Jr. should cease the threats and attacks against rights defenders and ensure the protection of their rights, including the rights to life, due process, freedom of expression, and freedom of peaceful assembly. We urge the authorities to put an immediate end to the judicial harassment against Elisa Tita Lubi, Cristina Palabay, Roneo Clamor, Gabriela Krista Dalena, Edita Burgos, Wilfredo Ruazol, Jose Mari Callueng, Gertrudes Ranjo Libang, Joan May Salvador, and Sr. Elenita Belardo. Similarly, we call on the authorities to rescind the Anti-Terrorism Act and adopt the Human Rights Defenders Protection Bill.

We are inspired by the work, courage and commitment of these human rights defenders, and stand in solidarity with all of them.

𝗦𝗶𝗴𝗻𝗮𝘁𝗼𝗿𝗶𝗲𝘀:

1. ACAT – Germany

2. Action Solidarité Tiers Monde (ASTM) – Luxembourg

3. ALTSEAN – Burma

4. Anti-Death Penalty Asia Network (ADPAN)

5. Asian Forum for Human Rights and Development (FORUM-ASIA)

6. Asia Pacific Forum on Women, Law and Development (APWLD)

7. Associació Catalana per la Pau – Catalonia/Spain

8. AWID – International

9. Banglar Manabadhikar Surakhsa Mancha (MASUM) – India

10. Business and Human Rights Resource Centre (BHRRC) – International

11. Canada-Philippines Solidarity for Human Rights – Canada

12. Capital Punishment Justice Project – Australia

13. Centre for Philippine Concerns – Canada

14. Changement Social Bénin – Benin

15. Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (CMDPDH) – Mexico

16. CIVICUS – International

17. Environmental Defender Law Center – United States

18. ESCR-Net – International Network for Economic, Social and Cultural Rights – International

19. Federal Association of Vietnamese Refugees in the Federal Republic of Germany

20. Filipino Women’s Organization in Quebec (PINAY) – Canada

21. Front Line Defenders – International

22. Fundación Promoción Humana – Argentina

23. Greek Helsinki Monitor – Greece

24. Human Rights Defenders Alert (HRDA) – India

25. Human Rights First – International

26. Human Rights Watch – International

27. IBON International

28. International Coalition for Human Rights in the Philippines (ICHRP) – International

29. International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders

30. International League of People’s Struggle – Canada

31. International Service for Human Rights (ISHR) – International

32. Judicial Reform Foundation – Taiwan

33. KAIROS Canada

34. La Voix des Sans Voix pour les Droits de l’Homme (VSV) – Democratic Republic of the Congo

35. Lawyers’ Rights Watch Canada

36. Lok Shakti Abhiyan – India

37. London Mining Network – United Kingdom

38. Malaya Movement – Canada

39. Malaya Movement – United States

40. Mesoamerican Initiative of Women Human Rights Defenders (IM-Defensoras)

41. Migrante – Canada

42. Narasha Community Development Group – Kenya

43. National Autonomous Union of Public Administration Staff (SNAPAP) – Algeria

44. National Fisheries Solidarity Movement – Sri Lanka

45. National Lawyers Guild San Francisco Bay Area Chapter – United States

46. Netherlands Philippines Solidarity Movement – Netherlands

47. Odhikar – Bangladesh

48. ONG Construisons Ensemble le Monde – Democratic Republic of the Congo

49. Project South – United States

50. Public Service Alliance of Canada – Alliance de la Fonction publique du Canada – Canada

51. Rural People’s Sangam – India

52. Samidoun Palestinian Prisoner Solidarity Network – International

53. SOHRAM-CASRA – Turkey

54. Synergie des femmes pour les victimes des violences sexuelles (SFVS) – Democratic Republic of the Congo

55. Tapol – Indonesia

56. The Open University – United Kingdom

57. The Uplands Center – United States

58. United Church of Canada – Canada

59. Universidad Nacional José Faustino Sánchez Carrión – Huacho – Peru

60. Viva Salud – Belgium

61. Women of Diverse Origins – Canada

62. Women’s Global Network for Reproductive Rights (WGNRR) – International

63. Women Human Rights Defenders International Coalition

64. World Organisation Against Torture, in the framework of the Observatory for the Protection of Human Rights Defenders

𝗜𝗻𝗱𝗶𝘃𝗶𝗱𝘂𝗮𝗹𝘀:

1. Bronwyn Dudley

2. Emile Kinley-Gauthier

3. Florfina Marcelino

ICHRP Welcomes UN Rapporteur Visit to the Philippines, Calls on Marcos Government to Allow Transparent Investigation of Extra-Judicial Killings

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Press Release
November 27, 2022

“The International Coalition for Human Rights in the Philippines (ICHRP) welcomes the recent announcement by Philippines Justice Secretary Jesus Remulla that UN Special Rapporteur Morris Tidball-Binz, a forensic doctor, will visit the Philippines next year,” said ICHRP Chairperson Peter Murphy this Saturday. “As Special Rapporteur on extrajudicial, summary, and arbitrary executions, Tidball-Binz’s visit would be an important next step in the process of seeking justice for the thousands of victims of extrajudicial killings under the previous Duterte government, as well as the current Marcos government.”

As reported by Investigate PH, in which Philippine forensic expert Dr. Rachel Fortun served as one of the expert witnesses, tens of thousands of extrajudicial and arbitrary killings took place under President Duterte. A majority of these took place in the government’s “war on drugs”, which mobilized police officers and vigilante groups to kill as many as 30,000 suspected drug dealers or drug users. The Philippine National Police admit to over 6,600 such killings. But despite the abundant evidence that these killings took place, only 25 police officers have been charged so far in relation to the war on drugs, according to Secretary Remulla’s report to member states of the Human Rights Council on November 14

Other targets of EJKs under Duterte’s war on dissent were human rights defenders, journalists, lawyers, Indigenous leaders, peasants, and labor leaders. Even under the new Marcos administration, these killings continue: recently radio journalist Percy Lapid was killed in a plot allegedly orchestrated by a senior government official. 

“Given this recent announcement, we reiterate our call to the Marcos administration for open, transparent, and thorough investigation of these crimes, and justice for all victims and their families,” continued Murphy. “This means investigation and prosecution of all perpetrators of such crimes, and an end to the state of impunity which has allowed so many members of the police force to avoid prosecution so far. ICHRP also echoes the call of at least ten Human Rights Council member states to the Philippine government to re-join the International Criminal Court and cooperate with the ICC’s ongoing investigation into the crime against humanity of murder during the so-called war on drugs.”

For further comment: Peter Murphy +61 418 312 301, chairperson@ichrp.net

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UN Member States Fall Short on Accountability for Philippine Mass Killings

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Press Release
November 14, 2022

ICHRP supports the recommendations of the UN Human Rights Committee through the Universal Periodic Review (UPR), but is concerned by a general lack of support for action among UN member states.  

The United Nations Human Rights Committee is a treaty body composed of 18 experts, established through the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 state parties to the ICCPR on their compliance with the treaty.

The 2022 report of the Human Rights Committee highlights the ongoing failure of the Philippine government in ensuring that human rights are upheld. The recommendations take note of the issues and instruments that have contributed to a system of impunity and state-orchestrated terror, such as: the red-tagging of human rights defenders and attacks on journalists and lawyers; continued extra-judicial killings under the guise of the war on drugs; and the repressive provisions of the Anti-Terror Law which target the fundamental foundations of democracy, freedom of assembly, freedom of expression and the right to dissent.  

The Committee’s recommendations are timely, given the continuing human rights violations under the new Marcos administration. The current administration must not ignore nor downplay these recommendations and instead find concrete ways of upholding its treaty obligations under the ICCPR. 

There was a great deal of interest expressed among member states in the Philippines UPR here in Geneva. A total of 107 states intervened and about 40% took a critical stand and supported  the Committee’s recommendations. There is a general reticence among the majority of member states to be critical towards the Philippines’ abysmal human rights record. Despite the UN’s ongoing documentation of the Philippine’s poor civil and political rights record which dramatically worsened under the Duterte administration, only a minority of states are willing to openly express concerns and even fewer were willing to make strong recommendations for action (specifically some European and Latin American States). We specifically laud the intervention of Sierra Leone who called for the abolition of the NTF-ELCAC (National Task Force to End Local Communist Armed Conflict) which has functioned as one of the main instruments of state terror against dissidents.

Several member states including Lichtenstein, Sierra Leone, Sweden, Romania, and the USA, called for an end to the practice of red-tagging, a process by which individuals and organizations are labelled as fronts for the Communist Party of the Philippines. The Philippine representative Jesus Crispin Remulla, Secretary of the Department of Justice, for his part angrily responded to the US criticism claiming, “there is no government policy of red-tagging, it is a term invented by the left”.  This was a complete turnabout from Remulla’s contention two weeks earlier that red tagging was a government right and a vibrant part of the democratic process.  This is an example of the Philippine government’s state of denial to the international community regarding its continuing war on dissent. 

ICHRP Chairperson Peter Murphy expressed “profound appreciation to those member states who spoke out pressing for greater accountability from the Philippine government,” but he urged the international community to “press member states for concrete action on human rights from the Marcos administration”.  He further called for an immediate need for an end to the supply weapons to the Marcos government, noting that “the United States has recently extended $100 million in credit for weapons purchases, and supplied $1.14 billion [2015-21] in weapons to the Philippine government during the worst period of rights violations”. 

The recommendations stem from a recognition of the dire human rights situation in the Philippines. The experts do not appear swayed by the claim that the justice system in the country is working for the victims of human rights violations. ICHRP Global Council Member, Rev. Patricia Lisson, indicated that “all evidence to date points to a failure of domestic measures with less than 15 prosecutions among the thousands of cases of rights violations. Given such weak evidence to the contrary, the experts and a number of member states are clearly not convinced that the human rights situation has greatly improved”.

ICHRP calls on UN member states to hold the Philippines accountable to act on the findings of the UPR, to take concrete action to support an end to impunity, and to support the struggle of the victims and their family for justice and to finally conduct an independent international investigation as a follow-up to the 2020 Bachelet report. In the interim, the most visible and effective measure will be a cessation of all arms trade with the Philippines.

#InvestigatePH
#StopMilitaryAidPH
#UPRWatchPH

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International Human Rights Coalition Calls for Action by UNHRC Member States During Universal Periodic Review of the Philippines

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Press Release
November 14, 2022

“Members of the International Coalition for Human Rights in the Philippines (ICHRP) are physically present in Geneva, Switzerland to witness the fourth Universal Periodic Review (UPR) of the Philippines,” said ICHRP Chairperson Peter Murphy this Monday morning. “We remain vigilant in advance of the proceedings, and reiterate our calls to all Human Rights Council (UNHRC) member states to respond seriously to human rights violations that have occurred under former president Duterte, and continue under current president Marcos.”

In support of the UPR session, ICHRP released on November 10 the Final Compendium Report of Investigate PH, an international independent investigation spearheaded by ICHRP, which was carried out in response to the dismal resolution of the UN Human Rights Council on “capacity building and technical cooperation” and to create space for the clamor of the victims seeking justice. “Looking back to the report of Investigate PH, we know there is definitive evidence of countless human rights violations under the Duterte administration, and a state of impunity for many of the perpetrators,” said Murphy. “Even the International Criminal Court has recognized some of these rights violations as crimes against humanity. In our opinion, member states of the UNHRC have a long way to go if justice is to be served for these crimes against the Filipino people.”

“Much of the evidence documented by Investigate PH showed systematic violation of the basic economic, social, and cultural rights of the people,” continued Murphy. “Workers and peasants face poverty, landlessness, and job insecurity. Hundreds of workers are driven out of the country every day in search of work. Yet the government of Duterte did little to create a support system for these people.

“In fact, the situation of the people was made worse by constant attacks on their civil and political rights, often perpetrated by state forces; and in creating the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) which red-tags individual human rights defenders and organizations. Tens of thousands of supposed drug dealers or users, many of whom lived in poverty, were killed in Duterte’s war on drugs. People who advocated for their rights faced red-tagging, arrests, and even extra-judicial killings. Some attacks on the people by the military violated international humanitarian law, as in the case of the use of white phosphorus bombs in Abra, and the shelling of civilian areas in Marawi and Moro areas in Mindanao.

“Given the evidence, it is clear that all UNHRC member states contributing to today’s UPR session have a responsibility to make recommendations to the Philippines which would begin to address the human rights crisis,” said Murphy. “This includes investigation and prosecution of all those responsible for the many rights violations in the past five years.

“Even outside of the UPR recommendations, ICHRP calls on member states to respond seriously to this situation. Under the new Marcos administration, the rights violations and state of impunity established under Duterte continue. In particular, the NTF-ELCAC continues to receive enormous funding under the new administration, which it uses to surveille, intimidate, and attack progressives all across the country. Member states must take serious action and be critical of the brazen human rights violation record of the Duterte government, stop funding the counter-insurgency program of the current Marcos-Duterte administration, and push for a UNHRC-led investigation.”

#InvestigatePH
#StopMilitaryAidPH
#UPRWatchPH

Further comment: Peter Murphy
WhatsApp +61 418 312 301

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