Implementation of Human Rights Council Resolution 45/33 and on the progress on and results of technical cooperation and capacity- building for the promotion and protection of human rights in the Philippines

Mr. President,

Excellencies,

I present the High Commissioner’s report which examines the implementation of Human Rights Council resolution 45/33 and progress and results of technical cooperation and capacity- building for the promotion and protection of human rights in the Philippines since October 2020.

Since the High Commissioner’s comprehensive report in June 2020, OHCHR has been working closely with the UN Country Team under the leadership of the Resident Coordinator, the Government, the Commission on Human Rights of the Philippines and various civil society organisations to develop and implement a three-year UN joint programme on human rights in the Philippines.

The Joint Programme, signed in July 2021, provides technical assistance and capacity-building for reforms in six key areas,: domestic investigative and accountability measures; data gathering on alleged police violations; the establishment of a national mechanism for reporting and follow-up; civic space and engagement with civil society and the Commission on Human Rights; counter-terrorism legislation; and human rights-based approaches to drug control.

During this period, the Government has taken some steps to pursue accountability for human rights violations and abuses. However, access to justice for victims has remained elusive, due to limited oversight of human rights investigations, inadequate investigation capacity and inter-agency cooperation, limited forensic capacity and protracted judicial processes. Victims’ willingness to engage was also hampered by inadequate support and protection and fear of reprisals.

In June 2020 an inter-agency panel was established to review 5,655 anti-drug operations during which deaths occurred. However, none of the cases investigated by the panel have so far resulted in convictions, with limited transparency and public scrutiny of the work of this panel. As of August 2022, another inter-agency committee focusing on extra-legal killings and other grave violations in non-drug related contexts has also investigated 386 cases.

While official figures reflect a decrease in killings in the context of anti- drug operations, The Office continues to receive allegations of unlawful killings and other human rights violations by members of the Philippine National Police. The Government took some steps towards addressing narcotic drug concerns through health-centred and evidence-based treatment and preventive approaches. Nevertheless, the overall approach remained punitive and security focused. A high number of people remain in pre-trial detention on non-bailable drug-related offences, contributing to severe overcrowding in prisons and detention centres.

In the area of civic space, the UN Joint Programme has begun to create spaces for engagement between the Government and human rights organizations. However, despite repeated calls by our Office and others to protect human rights and environmental defenders, journalists, lawyers, labour rights activists, faith-based and humanitarian workers, killings, arbitrary detention, and physical and legal intimidation reportedly continue. They are often targets of “red-tagging,” a tactic used to accuse individuals of association with the Communist Party of the Philippines – New People’s Army.

The report recommends that the Government adopt proposed legislation on human rights defenders and implement measures to protect civic space to enable them to operate safely and without reprisals. We also urge the Government to take all necessary steps to ensure the continued independence of the Commission on Human Rights of the Philippines in its operations, in line with the Paris Principles. The appointment process of new Commissioners by the new administration is being closely watched and will send an important signal.

The adoption in June 2020 of the Anti-Terrorism Act has raised concerns about its compliance with international human rights law, namely its broad definition of terrorism and that its implementation could result in violations of human rights, including freedom of expression and press freedom. The Act also contains provisions allowing for the detention without warrant or charge for up to 24 days and conferring broad powers to members of the security forces to conduct surveillance, as well as to the Anti-Terrorism Council to designate groups and individuals as “terrorists” without due process. In the context of the Philippines, there is concern that the legislation negatively impacts on civic space and may put human rights and humanitarian workers at risk.

Your excellency,

The initial progress of the United Nations Joint Programme has laid the foundation for future technical cooperation and capacity building and enhanced engagement between the Government, the national human rights institution and civil society. It is an important and innovative model for how the UN system can work together with Government and national partners to address the concerns of this Council and implement the recommendations of UN human rights mechanisms.

The Joint Programme is now at its mid-point, and we welcome the commitment of the new administration following the May elections this year.

Numerous victims and their families still await justice. So, in the time remaining in the Joint Programme, together with other efforts, concrete progress on accountability is expected – to help bring about human rights reforms that will prevent recurring violations.

I urge this Council to continue to monitor closely the progress and outcome of these domestic and international initiatives, with a view to assessing further approaches for the future.

We look to the newly elected administration in the Philippines for leadership in human rights and strengthening the rule of law. It is critical to maintain this momentum and commitment. The Office is ready to strengthen its presence on the ground to continue working with all relevant actors in this important endeavour.

Thank you.