Repu pinas KOMISYON SA MGA KARAPATANG PANTAO (Commission on Human Rights) CORDILLERA ADMINISTRATIVE REGION HUMAN RIGHTS ADVISORY CHR-CAR-A-2021-003 ON THE RED-TAGGING OF HUMAN RIGHTS GROUPS, CIVIL SOCIETY ORGANIZATIONS, AND INDIVIDUALS IN THE CORDILLERA The Commission on Human Rights (CHR), pursuant to its authority as the National Human Rights Institution of the couniry to advocate the promotion, protection, and fulfliment of human rights of all persons within the Philippines as well 3 Filipinos abroad issues this advisory on the alleged red-tagging or red-baiting cases of human tights groups, civil society organizations (CSOs) and individuals in the Cordillera, This office has also recorded a similarly high number of 8 red-tagging cases in 2018. The complainants and victims in these cases alleged that they are members of the media, human rights advocates, and members of civil society organizations ( CSOs} involved in human rights causes of the vulnerable, marginalized, and disadvantaged sectors in the region but were labeled or tagged as members, supporters, recruiters, sympathizers or supporters of the Communist Party of the Philippines-New Peoples ‘Army (CPP-NPA] by state actors . They also admit that they have been very vocal in the expression of their dissents and criticisms against certain actions of the government. The term ‘red’ in red-baiting refers to the color that tracitionally symbolized left- wing politics worldwide since the 19th century and has been used as an informal and offensive label for communists or socialists. It references to the former Union of Soviet Socialist Republics, geographically the largest country in the world from 1922 to 1991. The Soviet Flag is red, designed with a gold hammer, sickle and star in its upper left corner. The word ‘baiting’ refers to persecution, torment, or harassment as in baiting. Hence, the term red-baiting or more popularly known in the Philippines as red- tagging 2 CHR-CAR Case Nos. 2020-0010; 2020-0041; 2020-0042; 2020-0043; 2020-0045; 2020-0053; 2020-0055;2020- 0043. 2 CHR-CAR Case Nos. 2021-0056; 2021-0057; 2021-0058; 2021-0059; 2021-0060; 2021-0061; 2021-0062; 2021- (0071; 2021-0086; 2021-0088; 2021-0106; 2021-0113; 2021-0114; 2021-0115 * See httpsi//en.wikipedia.org/wiki/Red-tagging_in_the_ Philippines 1. | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGINGThe Oxford living Dictionary defines red-baiting as the harassment or persecution of a person because of known or suspected communist sympathies. Although there is yet no domestic legal definition of “red-tagging’., its common use is likened to “red-baiting” which was explained by Supreme Court Associate Justice Marvic Leonen in his dissenting opinion in Zarate vs. Aquino Ill, viz: “The phenomenon of implicating progressive civil group leaders to heinous crimes is called "ted baiting." As stated by Alston, its the "vilfication’, 'abelling’ or guilt by association” of various democratic organizations. These groups are stereotyped or caricatured by the military as communist groups, making them easy targets of government military or paramilitary units."$ Meanwhile, the CHR uses the definition of the nonprofit organization, Intemational Peace Observers Network (IPON), which defines red-t of State actors, particularly law enforcement agencies, to publicly brand individuals, a institutic I 6 Itis important to remember that the CPP with its armed wing, the New People’s Army [NPA] was listed as a foreign terrorist organization in the United States in 2002. On December 5, 2017, President Rodrigo Duterte declared the CPP-NPA as a terrorist organization through Proclamation No. 374. The Department of Justice (DOJ) has already filed a petition to officially declare the CPP-NPA as a terrorist nn. and is now pending before the Court of Appeals. (UREIGSVEmmennnasimiogens (GSHONSANGE HVE? Under the Anii-Terrorsm Act of 2020 (Republic Act 11479), suspects of acts of terrorism can be subjected to surveillance, interception, and recording of communications (Section 16); detention without judicial warrant of arrest (Section 29); restriction on the Ha aia el Sec 2 oe of par ond to travel (Section 34) and ; freeze of property and funds. This is why, @EJRGS—IONBeNUNGeDt0od sinGirectagginGlanlOrsanizahonloD 'G.R.No. 220028, November 10, 2015. * Alston described this in detail in the Report of the Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, Phillp Alston, on His Mission to Philippines (12-21 February 2007) 5 see https://verafilesorg/artces/vere-ies-act-sheet-why-red-tagging-dangerous 2 | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGINGThe Commission on Human Rights has issued a number of statements stressing its position on the practice of red-tagging. In a statement it issued on May 22, 20207 about the spate of red-tagging reports, it cautioned that the haphazard labelling of persons and groups without sufficient proof may trigger a number of human rights violations, including harassments, unlawtul arrests, torture, and threats to life. It reminded the government that expressions of dissent and the freedom to speak on legitimate concerns without fear of reprisal ore guaranteed rights by the 1987 Constitution as a feature of a democratic country. Allegations of any illegal act should be proved before fair and competent courts. In another statement CHR issued on August 20, 20208 regarding the kiling of Zara Alvarez’, a human rights worker, CHR stressed, as reflected in its Report on the Situation of Human Right Defenders in the Philippines (2020}'° that the act of red-tagging of human tights defenders alone already constitutes a grave threat to their lives, liberty, and security. Red-tagging human tights workers and advocates as terrorists distorts the nature of their work and makes them open to and legilimate targets of attacks and a number of violations. It also emphasized that asserling and demanding for better services, and caling the government to fulfil human rights obligations should not be taken as a move to destablise the government but a reminder to the government, including all of its officials and officers, of their swom duty to the people. Further, CHR stresses in its advisory, Human Rights Implication of the Anti-Terrorism Act of 2020 (CHR {V) A 2020- 015)" issued on June 17, 2020, that red-tagging and labeling are matters of serious concem that should not be taken lightly. Aside from its consequent deligitimization of dissent and public stigmatization, itis more often than not, a prelude, or even an open invitation for anyone to commit further atrocities against the person or organization tagged. This practice deligitimizes and silences dissent, causes public stigma, and invites anyone to commit further atrocities against the person tagged.!? In its report to the Human Rights Council, the Commission on Human Rights of the Philippines stated: “Defending human rights in the Philippines has become more dangerous, in the face of increasing political repression and impunity. Under the pretext of threats to security, high goverment officials have been tagging human rights defenders and activists as “terrorists” and “insurgents.” The President's public statements to the effect that he does not care about human rights, '* that human rights defenders should be blamed if the country's drug 7 https://www.philstar.com/headlines/2020/05/22/2015807/chr-denounces-red-tagging-groups-individuals- ‘amid-covid-19-criss (last accessed December 22, 2021) ® See httpsi//chr.gov.ph/statement-of-chr-spokesperson-atty-jacqueline-ann-de-guia-on-the-kill alvare2/ ° See https://en.wikipedia.org/wiki/Zara_Alvarez See http://chr-gov.ph/wp-content/uploads/2020/07/CHRP-2020-Report-on-the-Situation-of-Human-Rights- Defenders.pdf 1 http://chr.gov.ph/wp-content/uploads/2020/06/Human-Rights-Advisory-Human-Rights-Implication-of-the- Anti-Terrorism-Act-of-2020-CHR-V-A2020-015.pdf 2 See www.chr.gov.ph "Rodrigo Duterte: ‘| don't care about human rights, ALIAZEERA, 8 August 2016, available at a ww aliazeera.com/news/2016/08/rodrigo-duterte-human-righ html (last ‘accessed 10 May 2020). pofzara- 3 | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGINGproblem worsens,"* that human rights defenders should be shot if they are obstructing justice, s that lawyers defending drug suspects will be the next target of his war on drugs,'® among others, have greatly endangered the lives of human rights defenders.” In certain regions, streamers accusing human rights defenders of membership in the New People's Army" have been posted in public places.” 134 human rights defenders have reportedly been killed since the beginning of the Duterte Administration's term? From January 2019 to March 2020, the Commission recorded a total of 62 cases of human rights violations committed against human rights defenders. From I June 2019 fo 30 June 2020 alone, the Commission investigated seven (7) kilings of human rights defenders. From 9 fo 12 September 2019, the Commission on Human Rights, pursuant fo its constitutional mandate, conducted a National Inquiry on the Situation of Human Rights Defenders?! in the country. The decision to launch this inquiry was prompted by letters received from individuals and organizations alleging human rights violations on the part of State officials” The Commission also took cognizance of reports from various media conceming attacks against the civil, political, economic, social, and cultural rights of certain groups and individuals and those who defend them. These allegations were similarly echoed in the complaints received by the Commission's regional offices. Marlon Romos, Duterte threatens to kil rights activists if drug problem worsen, INQUIRER.NET, 29 November 2016, available at ttos://newsinfo.inquiter net/848933/duterte-threatens-to-kileuman-rights-activists-if- drug: problem-worsens (last accessed 10 May 2020). Oliver Holmes, Human rights group slams Phillppines president Duterte’s threat to kil them, THE GUARDIAN, 17 August 2017, avoilable at https://www.theguardian.com/world/2017/aug/17/ human-rights-watch- phillppines-president-duterte-threat (lat accessed 10 May 2020) Tetch Torres-Tupas, IBP: Duterte remark on drug suspects’ lawyers ‘very dangerous’, INQUIRER.NET, 9 December 2016, available at_https://newsinfo.inquirer net/852229/Ibp-duterte-remark-on-drug-suspects- lawyers-very-dongerous. Commission on Human Rights of the Philippines, Report on the Situation of Human Rights Defenders in the Philippines, July 2020, available at http://ehr.qov.ph/wp-content/uploads/2020/07/CHRP-2020-Report-on-the- Situation-of Human-Rights-Defenders.pdf?fbcid=IwAR21gKP_XSIMBvka2n9EAbSKcKtphFGKShS4QPL FMwtag- *4dPSCSwNrrDQ. Designated as 0 foreign terrorist organization by the United States State Department and the European Union; ‘See: Mapping Militant Organizations. “Communist Party ofthe Philipines-New People's Army. "Strford Unkesy. last modified August 2018. https://isec fel stanford edu/mappingmiltants/profles/communist-party-philippines- new-peoples-army Commission on Human Rights of the Philippines, Region X Office, 2019 Human Rights Situation Report. Commission on Human Rights of the Philippines, Report on the Situation of Human Rights Defenders in the Philippines, July 2020, available at http://ehr.aov.ph/wp-content/uploads/2020/07/CHRP-2020-Report-on-the- Situation of: Human-Rights-Defenders.pdf?focid=IWARZ1aKP_XSIMSvkq2n9E4bSKcKtpbFGkShS4aPL_ FMwtaa- ‘4dPSC5wNrrDQ; Catherine Gonzales, 134 human rights defenders killed since Duterte assumed office — Lagman, Inquirer.net, 5 June 2019, available at https://newsinfo Inquirer net/1127091/134-human-rights-defenders- killed-since-duterte-assumed-office-logman. public hearings were held, involving human rights defenders, civil society organizations, government agencies, and security forces. 2°Commission on Human Rights En Bane Resolution No. CHR- V-AM 2019-095. 2° Commission on Human Rights Citizen's Help and Action Division Memoranda: CHAD-M-26C1900309, CHAD- ‘M-13C19-00234, CHAD-M-17F19-00561, CHAD-M-13C19-00237, CHAD-M-26C1900304, CHAD-M13C19,00233. Commission on Human Rights of the Philippines, Report on the Situation of Human Rights Defenders in the Philippines, July 2020, available at http://ehr.gov ph/wp-content/uploads/2020/07/CHRP-2020-Report-on-the- 4 | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGINGIn his blog®, consitutional law professor of the UP College of Law, John Molo whose father and grandfather had served in the country's security forces discussed ‘about dehumanization studies. Dehumanization means to deprive someone or something of human quaiities, personality, or dignity” (Webster). One of which was by Stanley Milgram who studied how “good people" ended up participating in the massacre of Jews under Hiller. Through his infamous “eleciric shock experiments”, Milgram was able to convince participants to electrocute a test subject (another human) for up to 450 volts. While there was initial resistance, most of them eventually complied. Interviewed afterwards, a lot of them also justified what they did by “devaluing” the person being shocked. Other studies then showed how by simply calling persons “animals” within earshot of the “torturer”, cruelty can be more easily delivered. Science confirmed that “good people" can be turned into “monsters”. He then explains that this is why racismis wrong and red-tagging is dangerous. If a person is labelled as an NPA and communist and we know that with the present context, communism is being equated to terrorism and insurgency and with the current standing of the CPP-NPA, that person becomes an easy target of harassment and there could be a threat to his life, liberty, and security. |All policy measures adapted by the State to address these, however, must not run counter to the rule of law and respect for human rights. Red-tagging undermines basic constitutional rights which are also_ universally guaranteed human rights under international instruments to which the Philippines is a State party. Arficle 2, Section 4 of the 1987 Consfitution states, “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the govemment for redress of grievances." Section 8 under the same article indicates, “The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary fo law shall not be abridged.” Meanwhile, under international human rights instruments, the Intemational Covenant on Civil and Political Rights (ICCPR] declares that the right to hold opinions without interference (Arlicle 19], the right of peaceful assembly (Article 21}, and the right to freedom of association with others (Article 22) are enshrined rights protected by the member state. Article 19 of the Universal Declaration of Human Rights similarly pronounces that “(e)veryone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive, and. impart information and ideas through any media regardless of frontiers." 25 See https://news.abs-cbn.com/blogs/opinions/10/26/20/why-red-tagging-is-dangerous-for-all-of-us 5 | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGING(GoIGHSRTSHIREISGSSTGMMOISGUGISISISCHOROMAENG Equality under the law is a comerstone of human tights. The preamble io the Universal Declaration of Human Rights begins by stating that “recognition of the inherent dignity ‘and of the equal and inalienable rights of all members of the human family is the foundation for freedom, justice and peace in the world.” ‘AS we are a govemment and a nation that espouses democracy, we encourage people to speak be it a dissent or applaud, in agreement or disagreement. These varying voices and opinions should resuit to better governance and improved public service. “goverment by the people, of the people and for the people. It cannot be understated that these critics are also Filipino cifizens accorded with full and equal rights as any citizens of the country. Moreover, the Anti-Subversion Law (R.A. 1700) which makes mere membership in the Communist Party of the Philippines (CPP) a crime had been repealed in 1992 by R.A. 7636% signed by then President Fidel V. Ramos. Hence, being a leftist or having a communist ideology is not a crime. As long as activism remains within the realm of ideology, it remains a guaranteed and protected right under our constitution. We reiterate that activists are not terrorists; activists are not criminals; and activism is not acrime. The commission of illegal activities through overt acts should be the basis of charging any individual or organization with a crime. Sere staid eas ba ces ‘As mentioned above, the Philippines is a democratic state and the very foundation of democracy is on its people or citizenry. An active and engaged civil society is one manifestation of a healthy and functioning democracy. It bears emphasis that state actors are bound to follow the rule of law and respect human rights in the discharge of their duties. Article Il, Section 1! of the 1987 Philippine Constitution clearly enunciates that the State values the a of every human person and guarantees full respect for human rights. (ASPSIevGeReeMnaD Certainly, the Commission on Human Rights is one with the government in its fight against terrorism and insurgency. We recognize that terrorism and insurgency could resuit in various human rights violations to life, liberty, and security, among others. It could have devastating effects on the lives of the people especially when armed conflict occurs as a result. We, condemn the atrocities committed by the CPP- NPA including the recruitment of child soldiers. 2© an Act Repealing Act Numbered One Thousand Seven Hundred, As Amended, Other Subversion Act, Approved on June 20, 1957 Know as the Anti- 6 | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGINGGRIBRCICEIONEEIGTTGDAs emphasized and explained earier, (GATT We reiterate that activism is an essential element of democracy and should not be silenced and equated to terrorism and insurgency. The State's agents should always be mindful to adhere to the rule of law and respect for human rights and not resort to red-tagging. individuals and organizations who were red-tagged had to resort to dialogues and court processes to clear their names. But then, their guaranteed fundamental human tights were already infringed. Done this 22-4 day of December 2021 at Baguio City, Philippines. Attorney W/Chief Legal Division Approved: 7 | CHR-CAR HUMAN RIGHTS ADVISORY ON RED-TAGGING