A/HRC/44/22 journalists, trade unionists, church groups and others, particularly through the phenomenon of “red-tagging” (see annex II). National security and counter-terrorism legislative framework 41. While the Constitution and laws contain strong human rights provisions, several laws give the authorities wide discretion to detain and charge individuals on the grounds of national security – without adequate human rights safeguards. These include the Human Security Act, 58 the Cybercrime Protection Act, the Subpoena Powers Act and laws on sedition. 42. Worrying new laws and amendments have been proposed with the stated aim of strengthening public order and countering terrorism. These proposals risk eroding constitutional and other legal protections. Proposed bills to restore the death penalty for drug-related offences, and to significantly lower the age of criminal responsibility, would breach the obligations of the Philippines under international human rights law. 59 The proposed Anti-Terrorism Act, slated to replace the already problematic Human Security Act, dilutes human rights safeguards, broadens the definition of terrorism and expands the period of detention without a warrant from 3 to 14 days, which is then extendable by another 10 days. The vague definitions in the Anti-Terrorism Act may violate the principle of legality.60 43. A spate of emergency measures has also been imposed in recent years. A nationwide state of emergency proclaimed on 4 September 2016 – two days after the Davao City bombing that claimed 14 civilian lives – remains in force more than three years later. Stateof-emergency measures must be limited to the extent strictly required by the exigencies of the situation, in duration and geographic scope.61 In the Philippines, what should have been an exceptional state appears to have become normalized. 44. Additionally, in May 2017, martial law was declared across Mindanao when a coalition of armed groups affiliated to Islamic State in Iraq and the Levant (ISIL) laid siege to Marawi City. 62 Martial law was extended by the Congress three times, until the last extension expired in December 2019. 45. In November 2018, Memorandum Order No. 32 authorized the immediate deployment of additional officers of the Armed Forces of the Philippines and the police “to suppress lawless violence and acts of terror in the Provinces of Samar, Negros Oriental and Negros Occidental, and the Bicol region”. Though there was violence in these areas prior to the implementation of the Order, information obtained by OHCHR and statements by the Commission on Human Rights indicate that the subsequent joint operation by the police and the military may have resulted in serious human rights violations, including alleged killings and arbitrary detention. 63 There are also alarming reports of violations of international humanitarian law, including in regard to the conduct of aerial bombing operations.64 These require further investigation. 58 59 60 61 62 63 64 See CCPR/C/PHL/CO/4. See www.ohchr.org/Documents/HRBodies/CCPR/NV_from_HRC_ThePhilippines_28March 2017.pdf; see also www.ohchr.org/Documents/Countries/PH/OpenLetterHC_DeathPenalty.pdf and www.unicef.org/philippines/press-releases/lowering-age-criminal-responsibility-against-child-rightsunicef. See Human Rights Committee, general comment No. 35, para. 15. See Human Rights Committee, general comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency, para. 4; and A/HRC/37/52, para. 11. See www.officialgazette.gov.ph/2017/05/23/proclamation-no-216-s-2017/. See, for example, https://chr.gov.ph/statement-of-chr-spokesperson-atty-jacqueline-de-guia-on-thedeployment-of-more-troops-in-bicol-region-samar-and-negros-provinces/, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25006, http://chr.gov.ph/statement-of-chr-spokesperson-atty-jacqueline-ann-c-de-guia-on-the-recent-spateof-killings-in-negros-oriental/ and http://chr.gov.ph/statement-of-the-commission-on-human-rightson-the-series-of-arrests-of-activists-in-negros-occidental-and-metro-manila/. See, for example, www.pna.gov.ph/articles/1084364. 9