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MANILA, Philippines – The Philippines under the Marcos government has done some efforts, but “not enough to make a meaningful difference” in the state of freedom of speech, according to the newest report of Irene Khan, the United Nations (UN) special rapporteur on freedom of expression and opinion.
The tone of Khan’s newest report to the UN human rights council is very similar to her initial findings when she visited the Philippines in February 2024. This means she has found that not much has changed since then, even as President Ferdinand Marcos Jr. has been eagerly campaigning for the Philippines to have a non-permanent seat in the UN security council.
The seat would come with some power and influence for the Philippines as a nation, but more so for the brandished legacy of Marcos, the son of the deposed dictator.
Human rights advocates leverage this to pressure Marcos to comply with human rights obligations. But a year went by and according to Khan, red-tagging, imprisonment of critics, and impunity in the murder of journalists, remain to be problems which have not been decisively acted upon by the Marcos government.
“In contrast to the former President, Rodrigo Duterte, and his officials, who had publicly disparaged and threatened his critics, media workers and civil society actors, the current administration has adopted a more open and tolerant approach,” said Khan.
“While those actions are positive, they are not enough to make a meaningful difference to the state of freedom of expression in the Philippines,” Khan added.
The report was publicized on Wednesday, June 18, on the same day that she also spoke during the council’s 59th session in Geneva, with particular focus on the Philippines and Zambia.
The National Union of Journalists of the Philippines (NUJP) said in a statement on Wednesday that Khan’s new report “resonates with the Union.”
“Positive pronouncements by Marcos Jr. on the protection of journalists and media freedom have not been matched by substantial actions,” said the NUJP.
Not decisive on red-tagging
Khan raised again the problem of red-tagging, or the Philippine practice of labeling someone critical of the government as a communist.
“I am concerned about the practice of red-tagging, which impacts some human rights defenders, social activists, and those critical of the government. Although the government has clarified that it does not condone such a practice, individuals claim that it happens,” Khan said.
Although communism is not a crime in the country, the label is attached to being a criminal or a terrorist because the Duterte-time anti-terror law has been used to designate communist leaders and their consultants as terrorists. This was done without going to court.
Khan recommended to “review and amend the Anti-Terrorism Act of 2020 to bring it into line with international human rights norms and standards.”
Marcos has not heeded Khan’s earlier recommendation to abolish the red-tagging National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). The President has also glossed over testimonies by journalists that government agents are often the perpetrators of such attacks.
In May 2024, the Supreme Court said in a writs decision that red-tagging is a threat to a person’s right to life, liberty, or security — the first time that the Court definitively characterized and defined red-tagging. The lack of a law on red-tagging has made it hard for victims to exact accountability, and has provided cover for government officials who say that it’s just “truth-tagging.” The Commission on Human Rights has conducted hearings with victims, including journalists, to identify the perpetrators, and stop the practice.
“The government should now act on that decision and eliminate the practice totally to turn the page decisively on the past,” said Khan.
Khan not only repeated her call to abolish NTF-ELCAC, she also took a dig at the Presidential Task Force on Media Security (PTFOMS), an organization that’s not trusted wholly by journalists due in part to their participation in red-tagging, especially during the Duterte years. Khan said that the Marcos government should “carry out a fundamental reform” of the task force, particularly after noticing that police stations seemed to be unaware of their partnership with the task force to protect journalists.
PTFOMS said it welcomes Khan’s report, and “recognizes that certain challenges persist, including attacks on journalists, delays in investigations, and vilification campaigns that continue to threaten free expression and the safety of media practitioners.”
“We agree that the Philippine government’s efforts have not been decisive in ‘turning the page on the past.’ In fact, the NUJP documented 177 incidents of violations on media freedom since Ferdinand Marcos Jr. assumed the presidency. The forms of attacks under the Marcos administration are the same as during the Duterte administration,” said the NUJP.
Detained and killed journalists
Khan’s newest report coincides with a visit by an international press freedom delegation to visit community journalist Frenchie Mae Cumpio at the Tacloban City Jail. Cumpio, now 26 years old, has been detained there for five years on charges of alleged illegal possession of firearms and explosives, the common charge against activists.
“It is indefensible and inhumane to hold journalist Frenchie Mae Cumpio any longer,” said Beh Lih Yi, Asia-Pacific Director of the Committee to Protect Journalists (CPJ), who was part of the team that visited Cumpio.
“She has languished behind bars for more than five years even though she has not been convicted of any crime. The Philippines must live up to its reputation as a democracy and stop silencing critical reporting,” said Beh.
“Releasing those unfairly detained or prosecuted and completing the investigation into and prosecution of killings and enforced disappearances, including the cases raised by the Special Rapporteur in her communications, would send a strong signal of the Government’s readiness to move away from the past,” said Khan.
There have been four journalists killed under the Marcos administration. Khan said “the pace of investigation into the crimes has been slow.”
Other recommendations
Khan also recommended, once again, the decriminalization of libel, saying that she “firmly believes that the decriminalization of libel would send a strong signal nationally and internationally of the commitment of the Philippines to strengthen freedom of expression.”
Khan also said there should be “a dedicated special prosecutor for crimes against journalists and human rights defenders could also be a useful means to address impunity.”
While Duterte passed an executive order on freedom of information (FOI), it was not followed in practice, based on Rappler’s own extensive experience of using the system. Under Marcos, the government passed a lengthy annex to Duterte’s order, which provided for a laundry list of exemptions, institutionalizing restricted access to information.
Khan said the government should now “adopt a law on access to information in line with international human rights standards, including maximum disclosure in the public interest.” – Rappler.com
