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The United Nations special rapporteur (UNSR) on freedom of expression and opinion has called on the Philippine government to scrap an anticommunist task force which has been blamed for endangering the lives and safety of human rights defenders, activists, independent journalists and the opposition by Red-tagging them.

UNSR Irene Khan said during a press briefing at the end of her 10-day visit to the Philippines on Friday that the National Task Force to End Local Communist Armed Conflict (NTF-Elcac) was created in a 鈥渄ifferent context鈥� six years ago, making it 鈥渙utdated.鈥�

鈥淚t does not take into account the ongoing prospects of peace negotiations. I therefore recommend that the task force should be abolished,鈥� she said.

A joint statement in November 2023 by the government and the National Democratic Front of the Philippines (NDFP) cited a possible revival of peace talks, which were terminated in 2018 by then President Rodrigo Duterte who established the NTF-Elcac with the aim of finally crushing the more than half-century-old insurgency.

Dangers 鈥榚vident鈥�

鈥淭he abolition will not only address some of the most critical drivers of Red-tagging, but it could also allow this administration to modernize peace-building approaches based on this changing political landscape,鈥� Khan added.

The Commission on Human Rights (CHR) has adopted the definition of Red-tagging by the nonprofit International Peace Observers Network as an 鈥渁ct of state actors, particularly law enforcement agencies, to publicly brand individuals, groups, or institutions as affiliated to communist or leftist terrorists.鈥�

The dangers of Red-tagging were 鈥渆vident,鈥� according to Khan, as vilification was often followed by threats, unlawful surveillance, attacks, or even unlawful killing.

鈥淚t intimidates and chills freedom of expression. It suppresses legal actors, it isolates and antagonizes those who are unfairly attacked,鈥� Khan added.

In her meetings with civil society groups, human rights defenders, humanitarian workers, teachers, youth, priests and health workers, Khan said she 鈥渉eard again and again鈥� complaints about Red-tagging. Many of the victims of vilification pointed fingers at state agencies, specifically the NTF-Elcac, 鈥渁s either the culprit or instigator,鈥� she said.

This Red-tagging 鈥渋ntensified online and offline鈥� during the Duterte administration, she added.

Legitimate activities

Khan said she recommended that the government also adopt a policy that will fight Red-tagging through an executive order by President Marcos that would denounce the practice and set out clear measures to 鈥渄iscourage, disincentivize and discipline鈥� those who violate the policy.

She said she also urged the CHR to expedite its ongoing work of defining Red-tagging and help in crafting legislation on it.

Khan reminded the Philippine government that critical reportage on state policies, speaking out about human rights violations, as well as 鈥渆conomic and social injustices that are the root of violent extremism are all legitimate activities both under international law and the Philippines鈥� law.鈥�

鈥淚n a democratic society, yes, the state certainly has the obligation to protect its people from terrorism but it must do so within the confines of the rule of law and in line with its international human rights obligations,鈥� she said.

The National Union of Journalists of the Philippines (NUJP), the Alliance of Concerned Teachers (ACT), human rights group Karapatan and other activist groups were jubilant over Khan鈥檚 recommendation.

鈥淲e share Ms Khan鈥檚 views about Red-tagging, and we agree that the NTF-Elcac should be abolished for its role in vilifying dissent, reportage, and the legitimate exercise of civil and political rights,鈥� the NUJP said. Khan was the second UNSR who had recommended the abolition of the government鈥檚 anticommunist agency after visiting the country three months ago.

Ian Fry, the UNSR on promotion and protection of human rights in the context of climate change, also made the same recommendation.鈥淗er findings on how Red- and terror-tagging has promoted and engendered a chilling effect on freedom of expression, on the lingering culture of impunity, and the continuing denial of justice for victims of rights violations in the Philippines are consistent with the sordid realities that journalists, freedom of expression advocates, activists and ordinary folks experience under the Marcos Jr. administration,鈥� Karapatan said.

ACT supported Khan鈥檚 call for an executive order discouraging Red- or terror-tagging.

Call rejected

鈥淣UJP is also elated that Ms Khan pointed out how Cybercrime Prevention Act has chilled media freedom, particularly the provision on cyberlibel. She described libel laws as a relic of the colonial past. It is high time that the Philippines decriminalizes libel,鈥� the NUJP said. Security and other officials who met with Khan during an 鈥渆xit conference鈥� on Friday, rejected her recommendation, saying it wasn鈥檛 yet time to dismantle the task force, which they credited with helping defeat the insurgents.

National Security Adviser Eduardo A帽o said in a statement that the government had achieved a 鈥渟trategic victory鈥� against the communist rebels.

鈥淭o turn back now will be counterproductive and would render moot the whole-of-nation approach that has been very successful in breaking the back鈥� of the Communist Party of the Philippines-New People鈥檚 Army-National Democratic Front of the Philippines (CPP-NPA-NDFP).

According to him, 鈥渢he fact remains that the communists are not yet finished鈥� as there were still 11 guerrilla fronts, though weakened, with some 1,500 NPA fighters.

Once all the guerrilla fronts have been dismantled, 鈥渉opefully this year,鈥� A帽o said the NTF-Elcac would transition to a new task force to be called NTF-Unity Peace and Development.

He said the NTF-Elcac was not encouraging or supporting Red-tagging.

鈥淲e wish to underscore once again the Marcos administration has not issued any law, rule, or policy instrument that implements Red-tagging or even uses the word Red-tagging,鈥� he added.

No legal definition

鈥淭here is also no legal and binding definition nor is it considered a crime under the laws of the Republic of the Philippines,鈥� A帽o said.

Any aggrieved party may file cases in court, he added.

Justice Undersecretary Raul Vasquez said the government explained to Khan that the judiciary 鈥渁cts on its own and is not interfered upon by the executive and the legislative鈥� branches.

Peace adviser Carlito Galvez Jr. said the mandate of the NTF-Elcac 鈥渕ust continue in harmonizing the whole-of-government and whole-of-nation approach in addressing the roots and causes of the armed conflict.鈥�

鈥淚t should continue in implementing the peace, security and development projects intended for poor and vulnerable areas nationwide,鈥� he said in a text message to the Inquirer.

Campaign successful

In a statement, Undersecretary Ernesto Torres Jr., executive director of the NTF-Elcac said that the task force was 鈥渧ery successful in its campaign鈥� over the past five years.

鈥淎dvocating for good governance through the 鈥榳hole-of-nation/whole-of-government participation鈥� approach never gets outdated,鈥� Torres said.

Repeating A帽o鈥檚 statement, Jonathan Malaya, spokesperson for the National Security Council, said the 鈥減roper time鈥� to abolish the task force is when all the NPA guerrilla fronts had been dismantled or a political settlement had been signed with the rebels.

鈥淪o, it would be irresponsible for the NTF-Elcac to be abolished right now because we have not yet achieved total victory,鈥� Malaya said in a news conference.

Budget, audit

Sen. Francis Escudero also disagreed with Khan鈥檚 recommendation, saying that the task force still had a role to play in the peace process.

Sen. Koko Pimentel, on the other hand, agreed with Khan鈥檚 recommendations, saying that he had noticed that NTF-Elcac funds were 鈥渧ery difficult to liquidate鈥� with the Commission on Audit.

The NTF-Elcac is supported by a P10.3-billion budget for 2024, 8.9 percent more than what it received in 2023, but much smaller than the P17.1 billion it got in 2022 and P19 billion in 2021.

The cuts in the budget for the task force followed allegations of misuse of the 2022 funds.

Over P8.6 billion of the 2024 budget will be used to fund various infrastructure projects and assistance to individuals or families in barangays certified by the task force as cleared of rebel influence. 鈥擶ITH REPORTS FROM KRIXIA SUBINGSUBING, JACOB LAZARO, DONA Z. PAZZIBUGAN AND INQUIRER RESEARCH