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Statement of the Commission on Human Rights on the report of UN Special Rapporteur Irene Khan on the state of freedom of expression and the press in the Philippines

The Commission on Human Rights (CHR) of the Philippines acknowledges the recommendations presented by United Nations (UN) Special Rapporteur on freedom of opinion and expression, Irene Khan, following her official visit to the country in January 2024. These recommendations reflect both progress made and the urgent reforms still needed to protect and promote free expression in the Philippines.

Every Filipino’s right to freedom of expression and opinion is inherently linked to access to diverse sources of information, protection from threats, and meaningful participation in public life. As such, CHR remains firm in its stand that while the Philippines has seen improvements in this area, there remains a clear need for fundamental reforms to ensure that the free flow of information remains central to the country’s democracy.

It must be recalled that during the Special Rapporteur’s visit, Ms. Khan also met with CHR officials to discuss opportunities for improvement, challenges, and commendable initiatives related to the state of freedom of opinion and expression in the Philippines.

The Commission notes the issues raised in the Special Rapporteur’s report to the Human Rights Council. In particular, CHR expresses deep concern over the continued occurrences of red-tagging, persisting cases of enforced disappearances and media killings, incidents of arbitrary detention, and the vilification of human rights defenders. Furthermore, CHR condemns all forms of censorship, such as the takedown or blocking of media outlets and websites, alongside the lack of proactive measures to support self-regulating media entities.

The findings and recommendations of the Special Rapporteur align with the vision of a democratic society where every Filipino can participate in a healthy ecosystem of truthful information. CHR urges the Philippine government to act on the need to enhance the country’s legal framework to protect civil society, media workers, and other stakeholders from any threats to press freedom, dissent, and civic participation. These include proposed legislation such as the Media Workers’ Welfare Bill and Journalist Protection Bill, as well as existing mechanisms like Administrative Order No. 35 (creating an inter-agency task force on extrajudicial killings) and Executive Order No. 31, the decriminalization of libel, and a re-examination of key provisions of the Anti-Terrorism Act of 2020.

The Commission also recognizes the need to further strengthen the implementation of the Philippine Plan of Action on the Safety of Journalists and expand the mandate of the Presidential Task Force on Media Security, in order to improve the working conditions of Filipino journalists. On the international level, CHR echoes the Special Rapporteur’s call for the Philippines to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to reaccede to the Rome Statute of the International Criminal Court.

CHR also takes this opportunity to welcome and express its gratitude to the Special Rapporteur for her recommendation to strengthen the independence of the Commission through the passage of the CHR Charter Bill. As the country’s watchdog, monitor, adviser, and educator on the government’s human rights obligations, the Commission stresses that its institutional independence and adequate resourcing are essential to carrying out its mandate effectively and free from undue influence.

Freedom of opinion and expression, as guaranteed in the Philippine Constitution and international human rights instruments, are hallmarks of a State that recognizes the critical role of civil society in promoting transparency and accountability among its duty-bearers. CHR hopes that the recommendations set forth by the Special Rapporteur will reinforce the foundations already established toward fostering a safer environment for all Filipinos.

The Commission remains committed to upholding justice, transparency, and accountability. In line with the recommendations, CHR continues to advocate for reforms that strengthen the protection of fundamental freedoms, particularly for media workers and human rights defenders, and calls on the government to prioritize these efforts in its ongoing work to protect the rights of all Filipinos. ###

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