A/HRC/44/22
46.
On 4 December 2018, the President signed Executive Order No. 70 “to
institutionalize the whole-of-nation approach to end the insurgency by the end of his term
in 2022, by strengthening the counter-insurgency programme with a comprehensive
socioeconomic development component.” Under the Order, the National Task Force to End
Local Communist Armed Conflict was created. The stated aim is “inclusive and sustainable
peace and economic vitality in hundreds of communities still vulnerable to, or under the
grip of, the NPA’s influence”.65 The Government reports that resources equivalent to $438
million were allocated for social and economic development programmes under Executive
Order No. 70.
47.
The departure from a predominantly militarized response to preventing and
countering violent extremism is encouraging, but this can only be sustainably achieved
through meaningful participation of the communities affected, and respect for human rights
and the rule of law. There are concerns, however, that the implementation of Executive
Order No. 70 appears to be going in the opposite direction, mobilizing the administration,
from the national to local levels, against suspected communist sympathizers, and further
sowing suspicions and divisions in communities. Advocacy for economic and social rights
comes with the risk of being labelled anti-government and thus pro-insurgency, which may
hinder the goal of inclusive and sustainable development.66 There are concerns that these
patterns resemble those that characterize the anti-illegal drugs campaign, notably a
presumption of guilt and lack of due process or of effective oversight – this time against
those suspected of supporting the Communist Party of the Philippines-NPA.
48.
Against this backdrop, OHCHR has noted a more than fivefold increase over five
years in the national budget for opaque “intelligence” and “confidential” activities – 8.28
billion pesos ($163 million) in 2020 compared with 1.49 billion pesos ($29 million) in the
2015 budget. Over half of the 2020 allotment (of 4.5 billion pesos) is allocated to the Office
of the President.67
Impact on civic space
49.
The Philippines has a long-standing, robust tradition of human rights advocacy and
civil society activism, with 60,000 registered non-governmental organizations. This is
particularly striking given the pervasive attacks – online and offline – against human rights
defenders over many years. For decades, red-tagging – labelling individuals and groups as
communists or terrorists – has been a persistent and powerful threat to civil society and
freedom of expression.68
50.
Since 2007, various United Nations human rights mechanisms have repeatedly
raised concerns about threats against and vilification, arbitrary detention, legal harassment,
enforced disappearances and killings of human rights defenders. OHCHR requested but did
not receive government figures on killings of human rights defenders. Credible civil society
sources, however, have compiled detailed lists documenting hundreds of killings. OHCHR
has verified the killings of 208 human rights defenders, journalists and trade unionists,
including 30 women, between January 2015 and December 2019. Despite efforts to
strengthen69 the mechanism under Administrative Order No. 35, the Government has failed
to ensure transparent, independent, effective investigations and prosecutions in the vast
majority of cases.70 Of 383 cases under the mechanism dating back to the year 2001, 216
cases have been either dismissed or archived while only 13 have resulted in convictions.
65
66
67
68
69
70
10
Government submissions, 31 January 2020.
See also https://newsinfo.inquirer.net/1226413/chr-wants-eo-that-justifies-attacks-on-activistsrevoked.
See www.dbm.gov.ph/wp-content/uploads/GAA/GAA2020/TechGAA2020/OP/OP.pdf and
www.dbm.gov.ph/index.php/budget-documents/previous-years.
See the dissenting opinion of Associate Justice Leonen in the Carlos Isagani Zarate et al. case,
Supreme Court, 10 November 2015, p. 1.
See https://gojust.org/.
See, for example, www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilomanila/documents/publication/wcms_713337.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents