NTF-ELCAC hits human rights defenders bill

MANILA, Philippines — The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) is asking the House of Representatives to junk House Bill 77 or the proposed Human Rights Defenders Act, saying its passage would protect the New People’s Army (NPA) and supporters which the government and military now refer to as communist terrorist groups (CTGs).

The House committee on human rights approved HB 77 last month.

In a position paper presented to the media yesterday, NTF-ELCAC Legal Cooperation Cluster members led by Assistant Solicitors General Angelita Villanueva Miranda and Karen Ong said the country is under “a grave, vicious and insidious threat” because of the passage of HB 77 at the committee level.

“The bill suffers from a plethora of grave constitutional and legal infirmities, as well as vagueness and duplicity as to its terms. The bill’s amorphous and overbroad definition of a ‘human rights defender’ can qualify almost any criminal, rebel, terrorist or enemy of the State as a ‘human rights defender’,” the NTF-ELCAC said.

“The bill, if passed into law, will deter law enforcement. It will make several laws to combat terrorism, such as the Anti-Terrorism Act, Anti-Money Laundering Law as amended, Republic Act 10168 (Terrorism Financing Prevention and Suppression Act of 2012) as mere toothless paper tigers,” it said.

“The bill would provide avenue and refuge for criminals to counter the State’s action to bring them to justice. It will also encroach upon the powers given to the Commission of Human Rights (CHR),” it added.

The NTF-ELCAC, created during the previous Duterte administration, seeks to end the country’s insurgency problem by involving various government agencies in the fight against the NPA and the Communist Party of the Philippines, generally through development initiatives instead of through military response.

The group cautioned Congress and President Marcos against being “duped into buying and enacting this towering Trojan Horse of a bill erroneously titled as ‘Human Rights Defenders’ Protection Act’.”

The proposed law, it added, violates the equal protection clause of the Philippine Constitution considering that HB 77 allegedly “gives unjustified preferential treatment ensuring protection of these human rights defenders from intimidation, reprisals and derogatory labeling” which are “unwarranted and impermissible because the classification in favor of human rights defenders is not justified.”

“Human rights defenders are not a class in themselves meriting special and differentiated treatment,” NTF-ELCAC said.

“There is no substantial difference between the human rights defenders and other advocates and residents. There is, then, hardly any reasonable basis to extend to them the privileges and protection contained in this bill. The classification is unreasonable, capricious and unfounded. Therefore, there is a violation of the equal protection of law,” it argued.

It also claims that HB 77 violates the right to freedom of speech and expression, as several provisions in the bill allegedly prohibit citizens from voicing out their opinion which might be considered “derogatory and unfounded labeling.”

“With the present definition of ‘Human Rights Defenders,’ terrorists may even qualify as human rights defenders and gain legal shield and protection from prosecution – under the guise of protecting and promoting human rights and fundamental freedoms,” it noted.

Duplication

The NTF-ELCAC also argued that HB 77 is full of “redundant and superfluous” provisions that violate existing criminal laws and creates a body “that duplicates and is even more powerful than the CHR.”

“Alarmingly and apparently not satisfied with the abundance of overkill protections to stifle law enforcement and prosecution of criminals and/or terrorists, Sec. 41 of HB 77 creates a government body or agency called Human Rights Defenders Protection Committee’ (HRDPC),” NTF-ELCAC said.

“This HRDPC shall be an independent body from the CHR and shall be composed of a chairperson and six other members” to be nominated by representatives from the Philippine Alliance of Human Rights Advocates, Karapatan Alliance for the Advancement of People’s Rights, Free Legal Assistance Group and the National Union of People’s Lawyers.

However, the CHR has called on Congress to prioritize the passage of HB 77.

“CHR has long stressed the value of dissent as means to challenge acts and policies that repress our rights and diminish the place of democratic values in our society. We reiterate our call for the passage of the Human Rights Defenders Protection Bill, including an end to the practice of ‘red tagging’ of human rights defenders, activists, and other advocates,” the CHR said.

“We cannot and should never construe activism as an act of terrorism, but take it rather as sign of the rich tradition of democracy that needs protection. Similarly, we have raised concerns on the weaponization of law to silence critics and perpetuate injustices,” the CHR said. – Elizabeth Marcelo