The Task Force Detainees of the Philippines (TFDP), a mission partner of the Association of Major Religious Superiors in the Philippines (AMRSP), respectfully submit this position paper to the House of Representatives Committee on Human Rights to support the enactment of a comprehensive and effective law for the recognition and protection of human rights defenders (HRDs) in the Philippines.

There is a significant implementation gap between the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, (Declaration on Human Rights Defenders), on the one hand, and national laws and policies to support and protect HRDs. There is also a proliferation of national laws which restrict and criminalize HRDs’ work.

Following the 3rd cycle of the Universal Periodic Review (UPR) of the Philippines in May 2017, majority of the recommendations made by various States called for an end to violence against HRDs. Nineteen (19) States mentioned protection of HRDs in their recommendations. It is worth noting that the entire reporting period prior to the UPR was significantly marked by a general recognition of HRDs and the importance of their work. However, the prevailing environment for HRDs in the Philippines is dangerous as elaborated in various reports made by regional and international human rights organizations such as the Asian Forum for Human Rights and Development (FORUM ASIA), Global Witness, International Service for Human Rights (ISHR), Organisation Mondiale Contre la Torture (OMCT) or World Organisation Against Torture, International Federation of Human Rights (FIDH), and Front Line Defenders.

Many international reports offer various recommendations aimed at eliciting greater recognition of the role of HRDs, affording them better protection, and empowering them to continue their legitimate human rights activities.

In the 2020 annual report of the Global Witness, the Philippines was included as one of the most dangerous countries for HRDs, with Colombia, Mexico, and Brazil in the list.

Based on documentation, the TFDP documented twenty-six (26) cases of violations against HRDs from January to June 2018 alone. These include the killing of Datu Victor Danyan, chair of T’boli Manobo S’daf Claimants Organization (TAMASCO) in Lake Sebu, South Cotabato and the continuing harassment of TAMASCO indigenous rights defenders and vilification of many human rights defenders such as Bernardino “Toto” Patuigas, former Secretary-General of the Northern Negros Alliance of Human Rights Advocates (NAHRA), and Sister Susan Bolanio, executive director of the Oblate of Notre Dame, HESED Foundation, Inc. More HRD victims have been added to the list.

Various evidences and documentation show that daunting challenges remain across the country in terms of ensuring that human rights defenders can carry out their peaceful and legitimate activities in a safe and enabling environment without fear of being subjected to acts of intimidation or violence of any sort. The situation underscores the failure of the authorities to conduct prompt and impartial investigations into alleged violations, prosecution of the perpetrators, provision of redress, and enforcement of court decisions. These all lead to further attacks and violations against HRDs.

Twenty-three (23) years after the adoption of the UN Declaration on Human Rights Defenders, many governments, including the Philippines, continue to fail to implement and respect the Declaration. The government has been remiss in its obligation to protect HRDs from violence and attack as a consequence of their legitimate human rights work.

TFDP supports the introduction of legislative measures for legal recognition and protection of HRDs in the Philippines, namely House Bill No. 15, authored by Rep. Edcel Lagman; House Bill No. 161 by Rep. Christopher Belmonte; and House Bill No. 240 by the Makabayan bloc, led by Rep. Carlos Isagani Zarate.

TFDP notes that House Bill No. 15 reflects the majority of the elements of the Model Law for the Recognition and Protection of Human Rights Defenders developed by the International Service for Human Rights (https://www.ishr.ch/news/model-law) which is in accordance with the UN Declaration on Human Rights Defenders, and as such, would provide a comprehensive recognition and protection of HRDs in the Philippines.

TFDP believes in the importance and supports the creation of a Human Rights Defenders Protection Committee that should include representatives from vulnerable groups such as women, indigenous peoples, rural poor, workers, LGBTQI, among others.

TFDP upholds the principle of universality of human rights. We strongly support the immediate enactment of a law recognizing and protecting HRDs. Such is crucial in ensuring that HRDs can work in a safe and supportive environment, free from attacks and unlawful and unreasonable restrictions.