United Nations rapporteur urges NTF-ELCAC abolition; government says no

MANILA, Philippines — Following her 10-day official visit to the Philippines, United Nations Special Rapporteur on freedom of opinion and expression Irene Khan on Friday urged the government to abolish the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), which she said will address red-tagging and allow for more inclusive peace-making platforms in the country.

“NTF-ELCAC was established about six years ago in a different context. It is outdated. It does not take into account the ongoing prospects of peace negotiations,” Khan said at a media briefing.

“The abolition will not only address some of the most critical drivers of red-tagging, but it will also allow this administration to modernize peace-building approaches based on this changing political landscape,” she added.

Even though the government insists that it has no policy that promotes red-tagging – defined as baselessly accusing individuals or groups of having ties with communist groups – Khan said that there is clear evidence that it is being practiced by state security forces as part of their counterterrorism strategy.

Khan also noted the practice of red-tagging in the context of academic freedom, citing concerns from educators that their opinions and insights are devalued when they are labeled as communists or terrorists.

She also recommended that the Marcos administration issue a clear policy, through an executive order, to discourage red-tagging, especially among government officials.

“I have recommended an executive order denouncing this practice and setting out very clear measures that can be taken to discourage, disincentivize and discipline those who violate the policy,” the UN rapporteur added.

Khan said she also encouraged the Commission on Human Rights to speed up its work that would define red-tagging and propose a legislation on the matter.

She also pushed for the passage of the law that would protect human rights defenders, the decriminalization of libel and the repeal of the anti-terrorism law.

No plans yet

The government has no plan yet of abolishing its anti-insurgency task force as recommended by the UN special rapporteur but assured the public that the rights of Filipinos, including critics, will be protected.

The NTF-ELCAC, Department of Justice (DOJ), Department of Foreign Affairs, Presidential Task Force on Media Security and Presidential Human Rights Committee issued a joint statement yesterday, the culmination of Khan’s 10-day visit.

“Ultimately, the government reaffirms its dedication to balancing the rights to association and expression with the fundamental right to life, highlighting the challenges of navigating security and freedom with sensitivity and complexity,” read the joint statement released by Malacañang on Friday.

In the joint statement, the agencies described Khan’s visit as “intensive” as she was able to meet and tackle the issues with heads of 24 government agencies, 10 members of the House of Representatives and seven members of the Supreme Court.

They said Khan’s suggestions will be “thoroughly evaluated” and “considered for implementation, serving as a foundation for transformative measures.”

While the government is open to reforms, the agencies cited the difficulties in fully grasping the local nuances and context within a brief visit by foreign fact-finders.

Further discussions and collaborative efforts between the government and the UN official are planned, the agencies noted.

“The government pledges to improve inclusivity by involving civil society organizations in its initiatives and recognizing the importance of strengthening media freedom and security, while allocating the necessary resources,” the agencies said.

The Presidential Communications Office has yet to respond to Khan’s proposal to abolish NTF-ELCAC, which was set up in 2018 with the aim of getting civilian government agencies to help the military quash the rebellion.

Khan met Executive Secretary Lucas Bersamin in Malacañang on Thursday.

National Security Adviser Eduardo Año likewise rejected yesterday Khan’s call for the abolition of NTF-ELCAC, stressing that the task force has been very successful in weakening the New People’s Army.

“We respectfully disagree with UN Special Rapporteur Irene Khan’s recommendation made this morning to abolish the NTF-ELCAC,” Año said in a statement.He argued that if the issue is “red-tagging,” the NTF-ELCAC does not encourage nor support it.

Año said the term has no basis and cannot be attributed to any current government policy, program or activity and it is not a policy of any body, or instrumentality of government.

Año nevertheless clarified that if there are persons who are aggrieved or claim to be victims of red-tagging, they have numerous legal remedies.

“Instead of going to media, they can always go to court and file cases against those they consider responsible for libel, oral defamation or whatever cases that the NUPL, Karapatan, FLAG and their allied organizations can think of,” he said.

Worrying

Khan likewise expressed concern over the filing of grave defamation charges against two environment activists who accused the military of abduction and coercion.

“What I find extremely worrying, disturbing is that the State brings defamation case because of a complaint against the State… I think it’s a very bad move. It will chill complaints, all kinds of complaints from people. How can people trust state agencies if the state is just waiting to catch you out?” Khan said during a media briefing.

The DOJ recently released its resolution on the complaint filed against environment activists Jonila Castro and Jhed Tamano, who accused the military of abduction and coercion during a press conference organized by the NTF-ELCAC.

The UN rapporteur also doubled down on her call to review the case and dismiss the terrorism charges filed against Tacloban-based journalist Frenchie Mae Cumpio and human rights activists Marielle Domequil and Alexander Abinguna.

Khan earlier posted a photo with Cumpio, Domequil and Abinguna, saying: “Arrested in Feb 2020, trial still dragging on. How long must they wait to be free?!”

Report

The Makabayan bloc was able to submit a report on the “attacks versus freedom of expression of the youth and students” by the Marcos administration to Khan, according to Kabataan party-list Rep. Raoul Manuel.

Manuel said they submitted to Khan a report containing notable cases of repression against youth leaders, campus publications, ordinary students and even against himself as representative of the youth in Congress.

“This aims to substantiate the real situation of democratic rights in the country,” he maintained.

He said the report indicated that such attacks “intensified under the Duterte administration but are sustained under the Marcos Jr.’s administration.”

Meanwhile, human rights group Karapatan and the Alliance of Concerned Teachers welcomed Khan’s recommendations, saying that they support “the immediate abolition of the NTF-ELCAC and the prosecution of all individuals involved in human rights violations.”

The National Union of Journalists of the Philippines also expressed its gratitude to Khan for putting forward recommendations that aim to strengthen the protection of journalists, media freedom and freedom of expression.

Former senator Leila de Lima also supported Khan’s recommendation to abolish NTF-ELCAC. “The NTF-ELCAC should have been abolished a long time ago, the very moment (former president Rodrigo) Duterte stepped out of Malacañang,” De Lima posted on X.

“The BBM administration should not have waited until UN special rapporteur Irene Khan joined in the call to take it seriously if we are all to move forward from the hate generated under the Duterte regime,” she added.

De Lima, a known vocal critic of Duterte, noted that the anti-insurgency task force is “a threat to human rights and free speech.” — Sheila Crisostomo, Emmanuel Tupas, Helen Flores, Elizabeth Marcelo, Michael Punongbayan, Nillicent Bautista