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Ph misused terror laws to target 27 humanitarian workers
By J.Lo
“These actions seem to demonstrate deliberate misapplication of counter-terrorism legislation, including CFT law, for purpose of discrediting legitimate human rights and humanitarian activities,” UN mandate-holders challenged legal basis for cases against current and former members of Community Empowerment Resource Network (CERNET), Cebu-based organization serving marginalized communities in Visayas.
Experts said, referring to Philippines’ counter-terrorism financing law ,five United Nations experts have condemned Philippine government for weaponizing anti-terrorism laws against humanitarian workers, slamming charges against 27 development workers as “deliberate misapplication” of security legislation to silence civil society.
In strongly-worded communication made public on November 15, UN mandate-holders challenged legal basis for cases against current and former members of CERNET.
Humanitarian workers were slapped with terrorism financing charges in May 2023. Authorities accused them of providing P135,000 to New People’s Army in 2012. Charges initially included three deceased persons among accused.
UN experts warned case exemplifies how counter-terrorism laws are being misused to harass rights defenders and paralyze legitimate humanitarian work.
They expressed particular alarm over practice of “red-tagging” accused, saying it normalizes violence against activists and creates environment where extrajudicial killings can occur with impunity.
Communication was sent to Philippine government on August 29. Government only acknowledged receipt of communication through its Geneva mission but provided no actual reply within standard 60-day period before publication.
Communication was signed by Mary Lawlor, Special Rapporteur on human rights defenders; Gina Romero, Special Rapporteur on freedom of peaceful assembly and association; Ben Saul, Special Rapporteur on counter-terrorism and human rights; Reem Alsalem, Special Rapporteur on violence against women and girls; and Laura Nyirinkindi, chair of the Working Group on discrimination against women and girls.
“Targeting of these human rights defenders and humanitarian workers through intimidation, reputational harm and criminalization is of particular concern, as it appears to be in direct retaliation for their legitimate and peaceful activities promoting economic, social and cultural rights in the Philippines,” they added.
Practice of red-tagging — labeling individuals or groups as communists or terrorists without evidence — was first institutionalized during the dictatorship of the president’s father, Ferdinand Marcos Sr., to arrest dissidents.
Red-tagging of activists and human rights defenders surged under former President Rodrigo Duterte, who expanded practice through National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
President Ferdinand Marcos Jr. has repeatedly refused to disband NTF-ELCAC, dismissing wealth of evidence that shows it has repeatedly tagged legitimate rights defenders as terrorists.
UN experts reiterated their concern about Anti-Terrorism Act of 2020’s broad definition of “terrorism,” expansion of executive branch authority and absence of judicial oversight.
“We recall States are urged to ensure measures to combat terrorism and preserve national security are in compliance with their obligations under international law,” they said, adding that these should also not prevent rights defenders from carrying out their work.
They stressed counter-terrorism measures include freezing of assets of accused – must comply with due process and procedural rights, including right to fair trial and effective protection by courts.
“We further express our concerns about potential consequences of asset freezing measures, vital humanitarian and human right services,” they said, adding that this could lead to detrimental effects on marginalized groups and vulnerable sectors of society.
Women human rights defenders have been particularly targeted in the CERNET case.
For instance, UN experts highlighted how authorities singled out and spread false information against Estrella. Catarata, board officer of CERNET until 2013.
In May 2024, Cebu City Police Office posted Catarata’s photo on Facebook, falsely labeling her as “Top 1 Most Wanted Person in Central Visayas” and terrorist group leader.
In doing so, police had “defamed her, putting her and potentially other colleagues at additional risk,” UN experts said.
UN experts added that act falls under worrying practice of targeting women with online and technology-facilitated violence.
“It is concerning when law enforcement reportedly directly participates in subjugating women human rights defenders to such violence,” they said.
Human rights group Karapatan has welcomed UN experts’ intervention and tagged government’s charges against development workers as “bogus.”
Experts gave government 60 days to explain factual and legal basis for charges and outline steps taken to ensure rights defenders can work safely. They also demanded information about measures to investigate police’s spread of false information about Catarata.
CERNET has faced escalating harassment since 2006, including intimidation, abductions, and extrajudicial killings allegedly perpetrated by state security forces.
Network , established in 2001, consists of nine humanitarian organizations working to support marginalized communities through grassroots initiatives across Visayas region.
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