The National Union of Journalists of the Philippines (NUJP) expresses gratitude to Special Rapporteur on Freedom of Expression and Opinion Irene Khan for urging the Philippine government to address “concerning patterns” of attacks on journalists, activists and human rights defenders.
After Ms. Khan’s official visit to the Philippines early this year, the Philippine government has not undertaken concrete and serious measures to address these violations. On the contrary, more cases of attacks against journalists, human rights defenders and activists continued. Under the Marcos Jr administration, the NUJP documented 150 incidents of media freedom violations.
NUJP shares the following observations stated by Ms. Khan in her communication with the Philippine government dated September 27, 2024:
- First, journalists, activists and human rights defenders in the Philippines do not enjoy appropriate safety and security conditions to carry out their work, being often subjected to judicial harassment and SLAPPs (Strategic Lawsuits Against Public Participation, or ‘lawfare’), intimidation, harassment, threats and sometimes even attacks against their physical integrity, liberty and security or lives, in direct retribution for the mere performance of their work. In some cases, public officials or agents of State security forces play an active role in these concerning incidents while, in others, it is the pervasive impunity or the lack of appropriate and prompt response by State authorities which triggers violations of the victims’ rights.
- Second, these cases give proof of the widespread extension of the practice of ‘red-tagging’ carried formally or informally by State authorities or agents acting with the consent or acquiescence thereof. The consistent link between ‘red-tagging’ or criminalization and subsequent physical attacks on the victims of such a practice is equally noticeable, for which the lack of sufficient measures to put an end to this practice is even more concerning.
- Third, rule of law and due process standards are abused or not respected in a significant number of instances, including through excessively prolonged pre-trial detention, undue delays in the administration of justice, alleged planting of evidence, or baseless allegations brought forward in an attempt to silence critics or hinder the legitimate work of activists or journalists, among others.
Ms. Khan called on the Philippine government to provide updates on the specific emblematic cases, including cases of attacks against journalists.
NUJP is extremely frustrated that the authorities have not apprehended the alleged mastermind in the killing of Percy Mabasa, and have not investigated the abduction and subsequent killing of Cebu-based community journalist Elena Tijamo. It is also revolting that after 13 years, justice remains elusive for Gerry Ortega.
NUJP reiterates that Frenchie Mae Cumpio and her colleagues in Tacloban should be freed as the charges against them are clearly fabricated. Like Frenchie, community journalists Anne Krueger and Lady Ann “Icy” Salem continue to face judicial harassment. Anne’s case is pending with the court, while the court’s dismissal of the charges against Icy is being appealed by the government.
Ms. Khan correctly pointed out that libel laws are being used as a weapon of intimidation, such as the case of Baguio-based journalist Frank Cimatu. She has asked the Philippine government to ensure that other journalists facing similar charges do not receive disproportionate retribution, including imprisonment and a ban on the effective performance of their job as journalists and in the exercise of freedom of expression.
NUJP has long maintained that the country’s libel laws are not compatible with the International Covenant on Civil and Political Rights, and has been pushing for the decriminalization of libel.
NUJP also supports Ms. Khan’s reiteration that red-tagging should be stopped. She welcomed the Supreme Court decision on the case of Deduro and encouraged authorities to take steps to endorse the SC decision. Red-taggers are sure to cast doubt on the applicability of the Deduro decision, and NUJP hopes this will be laid out in policy and in procedure.
NUJP, its leaders and members have been repeatedly red-tagged, yet the most rabid red-taggers have yet to be made accountable for their actions despite cases filed against them.
The fact that the Marcos Jr. administration has refused to abolish the National Task Force to End the Local Communist Armed Conflict (NTF-ELCAC) means that the practice of red-tagging and the tactics they employ, including censorship and intimidation of media, is condoned.
The Philippine government should comply with its international obligations instead of just giving us platitudes.
Reference:
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