Philippines: Baguio Breaks Ground on Human Rights Defenders’ Protection – National Law Must Follow

Across the country, human rights defenders (HRDs) continue to endure criminalisation, surveillance, harassment, and violent attacks simply for standing up for truth and justice. In this difficult context, the ordinance serves as a vital expression of political will at the local level. It affirms the essential role of HRDs in advancing human rights, strengthening democracy, and promoting equality for all.

A Local Milestone for the Rights of Human Rights Defenders

The ordinance affirms that the right to defend human rights is itself a fundamental right. It recognises that every person, whether acting individually or collectively, has the freedom to promote and protect human rights and fundamental freedoms through peaceful means at local, national, regional, and international levels.

It guarantees a broad range of rights essential to human rights work: the right to form groups, associations, and organisations; the right to access resources from domestic and international sources; the right to engage and advocate with administrative, legislative, and judicial bodies; and the right to seek, receive, and share information. Crucially, it also grants HRDs access to places of detention, one of the most restricted yet vital spaces for human rights monitoring. This provision directly strengthens safeguards against torture and other forms of ill-treatment.

The ordinance goes further by setting out positive obligations for local authorities. These include protecting HRDs, preserving and expanding civic space, and guaranteeing freedoms of expression, peaceful assembly, association, movement, and privacy, along with protection from intimidation and reprisals. It also defines participation in public affairs broadly, covering electoral engagement, legislative advocacy, exposure of human rights violations, and dissemination of information.

In addition, the ordinance provides remedies for violations, including legal and psychosocial support for HRDs at risk, victims of human rights violations, and their families. It mandates public responses in cases of red-tagging or defamatory labelling. However, it falls short in outlining clear procedural mechanisms for enforcement, investigation, and prosecution, as well as independent oversight. These gaps must be urgently addressed to ensure the Ordinance does not remain a symbolic measure but becomes an effective tool for protection and accountability.

Red-Tagging: A Persistent Threat

The adoption of this ordinance takes place against the backdrop of persistent and severe threats to HRDs in the Philippines. Despite the country’s obligations under international human rights law, defenders continue to face judicial harassment, trumped-up charges, surveillance, torture, enforced disappearances, and extrajudicial killings. These violations have created one of the most hostile environments for HRDs in the region, silencing critical voices and undermining democratic space.

One of the most insidious and dangerous practices is “red-tagging,” where defenders are branded as enemies of the state or terrorists simply for carrying out legitimate human rights work. This practice not only delegitimises their advocacy but also exposes them to heightened risks of arbitrary arrest, prolonged detention, and even assassination. The case of women’s rights activist Sally Ujano, who was unjustly arrested and detained after years of red-tagging and intimidation, illustrates how systematic attacks target individuals who dare to challenge injustice. Her case is not an isolated one. It is part of a broader pattern that has particularly endangered women human rights defenders, indigenous leaders, journalists, and labour organisers.

International human rights mechanisms have consistently condemned these practices. The UN Special Rapporteurs on the situation of human rights defenders, on freedom of expression, and on peaceful assembly have all called on the Philippine government to end red-tagging, investigate violations, and ensure accountability for perpetrators. The UN Human Rights Committee and the UN Human Rights Council in its universal periodic reviews have also echoed these demands, urging the Philippines to align domestic practice with its treaty obligations.

Renewing the Call for National Legislation

While local ordinances such as Baguio’s are laudable, they cannot replace comprehensive national legislation. We urge the Philippine government to finally adopt a Human Rights Defenders Protection Law, consistent with the UN Declaration on Human Rights Defenders.

A national law must provide enforceable protections against harassment, red-tagging, and violence. It should guarantee swift remedies for defenders at risk, ensure independent investigation and accountability for violations, and impose penalties on perpetrators. It must also oblige government agencies to foster an enabling environment for human rights work, respecting freedoms of expression, association, and peaceful assembly. Special protections should be guaranteed for defenders at heightened risk, including women, indigenous peoples, journalists, and environmental advocates.

Finally, the law must institutionalise the participation of civil society and establish strong oversight in cooperation with the Commission on Human Rights. Passing such legislation would reaffirm that defending rights is not a crime, but an essential pillar of democracy and justice in the Philippines.

Signatories

• International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
• Philippine Alliance of Human Rights Advocates (PAHRA)
• World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders