UN Rapporteur Highlights Continuing Restrictions of Civic Space in the Philippines
A United Nations special rapporteur report highlighted the continuing civic space restrictions in the Philippines under President Ferdinand 'Bongbong' Marcos Jr.'s government, which marks its third year in office this month.
U.N. Special Rapporteur on Freedom of Expression and Opinion Irene Khan delivered her report before the U.N. Human Rights Council on June 18, based on her visit to the Philippines last year. During her 10-day mission, she met with various stakeholders, including top officials of the Marcos government. She received 175 submissions from civil society and 347 individual complaints on unlawful killings, attacks, threats, and other serious violations of human rights. After a careful verification, she asked the Philippine government to address 27 specific cases that she marked as 'emblematic' of the country's human rights situation.
Khan's report reiterated her earlier observation about the reforms undertaken by the government to improve press freedom, but she also noted 'they are not enough to make a meaningful difference.'
'The Special Rapporteur believes that the government must embark on more fundamental and sustained reforms to address the deep-rooted human rights problems in the country, many of which are related to the right to freedom of expression,' reads an excerpt from the report.
Khan's report expressed concern about the practice of red-tagging, which involves malicious linking of individuals and groups to the armed communist movement. The report summed up the pernicious impact of red-tagging, which the report said 'delegitimizes human rights work, weakens public trust in civic action, and makes it difficult for critical voices to influence public opinion.'
Khan's recommendations reflected some of the demands of media watchdogs such as the decriminalization of libel, the enactment of the Freedom of Information Act, and review of the Anti-Terrorism Act. She also recommended the abolition of the notorious National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), which has been accused of normalizing red-tagging in the bureaucracy. She made this bold recommendation despite the assurance of the government that the NTF-ELCAC would focus on peacebuilding efforts.
'It is doubtful whether an entity that is widely considered to have been a major source of vilification, threats and harassment can transform itself into a credible peacebuilder,' the report stated.
Khan's report was widely reported and welcomed by human rights groups in the Philippines. The National Union of Journalists of the Philippines echoed Khan's assessment about the continuing threats faced by the local media. 'Positive pronouncements by Marcos Jr. on the protection of journalists and media freedom have not been matched by substantial actions,' the group said in a statement, pointing out that it has recorded 177 press freedom violations since 2022.
As expected, the NTF-ELCAC disputed Khan's findings and insisted that red-tagging is 'plain truth-speak.' Its response was more muted compared to its 2024 statement when it called Khan an 'outsider' who was 'dictating' the government on how to pursue peace in the country. The Center for Trade Union and Human Rights called out the NTF-ELCAC for its 'deception' and warned that its rejection of Khan's recommendations indicated the unwillingness of the Marcos government to review its media and human rights policies.
In contrast to the dismissive tone of the NTF-ELCAC, the Presidential Task Force on Media Security acknowledged the shortcomings in improving the overall security and welfare of journalists. 'We recognize 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,' it stated.
Khan's report confirmed the severe restrictions imposed by the previous Duterte government, which led to the curtailment of civil liberties. The Marcos government has made some improvements but these did not reverse the repressive policies that continue to undermine freedom of expression. Marcos has publicly and consistently affirmed his commitment to uphold free speech, and this will be tested once again if he includes Khan's recommendations in his fourth state of the nation address on July 28.
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