The United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression has called on the Philippine government to ratify international human rights treaties and restore its past ratification of the Rome Statute of the International Criminal Court.
In a report on the Philippines to the 59th session of the UN Human Rights Council from slated from June to July 2025, Special Rapporteur Irene Khan also urged the country to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.
“In the light of the history of enforced disappearances, unlawful killings and persistent impunity in the Philippines, the Special Rapporteur encourages the Government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to open discussions for re-accession to the Rome Statute of the International Criminal Court,” Khan’s report said.
“Both instruments would significantly enhance human rights protection and support the
enjoyment of the right to freedom of expression,” it added.
Khan acknowledged the vibrant civil society and diverse media landscape in the Philippines, as well as the serious threats and challenges they face.
“While acknowledging the measures taken by the Government since it took office in June 2022, the Special Rapporteur finds that they have not been sufficient,” the report read.
Khan urged the Philippine government to carry out substantive legal, policy, and institutional reforms to strengthen freedom of expression, end the intimidation and harassment of, threats to, and attacks on
journalists, human rights defenders, and civil society actors.
“Since June 2022, the Government has taken some measures to end the horrendous attacks on human rights by the previous administration, especially on freedom of expression, but they have not been enough to turn the page decisively on the past,” the report read.
Khan said the Philippines must embark on more significant legal, policy, and institutional changes to demonstrate its commitment to freedom of expression.
“Releasing those unfairly detained or prosecuted and completing the investigation into and prosecution of killings and enforced disappearances, including the cases raised by the Special Rapporteur in her communications, would send a strong signal of the Government’s readiness to move away from the past,” the report read.
EO vs red-tagging
In her report, Khan also urged the Marcos administration to put in place a policy denouncing red-tagging and penalizing those who violate it.
She proposed that the government adopt an “executive order denouncing the practice of red-tagging” and measures that “discourage, disincentivize and discipline those who violate the policy.”
During her visit, the Special Rapporteur met with dozens of individuals who claimed to have been targets of red-tagging.
“On the basis of complaints received during the country visit, the Special Rapporteur has communicated with the Government of the Philippines on allegations of vilification, harassment, arbitrary detention, enforced disappearance and the killing of 27 individuals, at least eight of whom had been publicly subjected to red-tagging before they were murdered,” the report said.
It added that more than 450 red-tagging incidents were identified in the first half of 2024 alone, 17 per cent of which targeted young people and 61 per cent of which were attributed to government actors, representing a much larger number of affected persons based on the impact that red-tagging targeting civil society organizations, unions or educational institutions has on the rights and well-being of affiliated members, staff or students.
“Red-tagging isolates and antagonizes those who are targeted, putting them in a vulnerable position and possibly increasing their risk of being exploited by others. The vilification is deeply unfair, as there is no effective recourse against false accusations,” Khan said.
The Special Rapporteur recommended that the government “provide individual victims of vilification, such as red-tagging, with adequate and effective support and protection, including in relation to their complaints made to the Ombudsperson, the Commission on Human Rights or the courts.”
She also expressed support for “self-regulated media systems with a view to ensuring that such groups are able to operate effectively, safely and inclusively” and to respect the right of peaceful assembly, “with the only limitations those permitted under international human rights law.”–NB, GMA Integrated News
