This page summarizes cases raised with the Philippines by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from the Philippines.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of the Philippines, English).
Observations
The Special Rapporteur regrets that no reply has been received from the Government of the Philippines to the communications sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur is gravely concerned by allegations of extrajudicial killings and acts of violence against individuals exercising peacefully their rights of freedom of peaceful assembly and of association. He is further gravely concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and association in the Philippines. A thorough and independent investigation into allegations of use of live fire and excessive use of force during peaceful demonstrations, should be conducted; those responsible should be held accountable; and victims should be provided with full redress. He requests that the Government keep him informed about the investigations conducted in relation to both cases.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of the Philippines of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur regrets that the Government of the Philippines did not respond to any of his communications sent since the beginning of his tenure. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur remains gravely concerned by allegations of killings and other acts of violence against individuals exercising peacefully their rights of freedom of peaceful assembly and of association. A thorough and independent investigation into the abovementioned allegations of human rights violations should be conducted; those responsible should be held accountable; and victims should be provided with full redress. He requests that the Government keep him informed about the investigations conducted in relation to both cases.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of the Philippines of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
None
Observations
Responses to communications
The Special Rapporteur regrets that the Government of the Philippines failed to provide substantial responses to the questions raised in the communications since the establishment of the mandate in 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate and urges again the authorities to comply with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
Environment in which these rights are exercised
The Special Rapporteur is gravely concerned about the reports of aggressions and violations of the rights of indigenous leaders and other civil society activists, including attacks and killings, for their peaceful and legitimate work in the defence of human rights. The Special Rapporteur urges the authorities to take the necessary steps to ensure that such acts are promptly investigated, appropriate measures are taken, perpetrators are brought to justice and victims are adequately compensated, particularly in cases in where the police or other state agents, are involved. He emphasizes that the right to life should be guaranteed by States to all individuals under all circumstances at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 3 of the Universal Declaration of Human Rights. Moreover, he reminds the obligation of States to ensure a conducive environment to the free exercise of the right of association. a right enshrined in the International Covenant on Civil and Political Rights, which was ratified by the Philippines on 23 October 1986. In turn, the expert warns against situations that may seriously impair the enjoyment of these rights (A/HRC/20/27, paragraph 20). In addition, the Special Rapporteur requests the Government to keep him informed in the briefest delays of the current status of investigations and measures taken to guarantee the rights of civil society activists to carry out their legitimate activities without fear of harassment, stigmatization or violence of any kind.
Natural resources exploitation’s contexts and groups experiencing higher risks
In connection with the allegations indicating attacks against members of indigenous communities, the Special Rapporteur invites the Government of the Philippines to adopt concrete measures to achieve non-discrimination and equality as referenced in relevant international legal human rights instruments and standards. In particular, the United Nations Declaration on the Rights of Indigenous People calls upon States to combat prejudice, eliminate discrimination and promote tolerance, understanding and good relations among indigenous peoples and all other segments of society. Furthermore, this Declaration emphasizes the rights of indigenous peoples to participate fully in the political, economic, social and cultural life of the State, and to determine their own identity or membership in accordance with their customs and traditions (United Nations Declaration on the Rights of Indigenous Peoples, articles 5 and 33). The Special Rapporteur also stresses that indigenous communities, as well as environmental, land rights and other activists and groups that advocate for the effective consultation and participation of communities affected by land-related decisions affecting them, are categories of people requiring special attention. He reiterates that a resolute positive environment promoting the rights of all people to freely associate and assemble is essential in the context of exploitation of natural resources to ensure a fair, transparent and accountable process that benefits all the parties involved (A/HRC/29/25, paragraph 67).
Country visit
In reference to the country visit requests he sent in September 2011 and October 2013, the Special Rapporteur would like the Government to take note of his desire to carry out a country visit to the Philippines in the framework of his mandate. He looks forward to receiving a positive reply at the earliest possible opportunity. He point out that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider his requests for visits favourably.
Observations
Response to communication
The Special Rapporteur regrets that he has not yet received a response to his communication sent during the reporting period, and reminds the Government of the Philippines that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in these letters, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his concern at the surveillance and intimidation of the members of Alliance for the Advancement of People’s Rights (Karapatan), as well as the surveillance on their office, which he believes are linked to their peaceful and legitimate human rights activities and the exercise of their rights to freedom of expression and association.
He reminds the Government of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit the Philippines, as indicated by his letter sent in September 2011 and October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received a response to his communications sent during the reporting period, and reminds the Government of the Philippines that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in these letters, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his grave concern at the alleged use of excessive and even lethal force by police officers against peaceful protestors and the alleged arbitrary arrest, detention, and harassment of these protestors.
Overall, the Special Rapporteur urges the authorities of the Philippines to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit the Philippines, as indicated by his letters sent in September 2011 and October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
