At a webinar co-convened by the ICJ on 23 October, participants discussed the persistent prevalence of gender stereotyping and discrimination in the justice sector in the Philippines, and the actions needed to combat these attitudes and practices.
The ICJ expressed concern today at the lack of accountabiltiy for human rights violations occurring in the Philippines, before the UN Human Rights Council.
The ICJ joined civil society organisations in a statement to the UN Human Rights Council during the interactive dialogue with the UN Special Rapporteur on the independence of judges and lawyers.
Southeast Asian governments must diminish the misuse of lawsuits to harass and silence civil society, so-called SLAPP suites, said more than 70 international experts, judges, public prosecutors, lawyers, members of civil society organizations, academics, and members of executive and State institutions from Indonesia, Malaysia, the Philippines, and Thailand at a discussion convened by the ICJ and partners on 7 and 8 May.
The participants at the regional dialogue on “The Role of Administration of Judicial Authorities and Legislators in the Fight against Strategic Lawsuits Against Public Participation (SLAPPs) in Southeast Asia” addressed the proliferation of SLAPP suits, which SLAPP suits are undertaken with the principal objective of curtailing or deterring public criticism or opposition to certain activities by the entity initiating the legal action. SLAPP lawsuits typically have a “chilling effect” on the exercise of freedom of expression and other human rights and fundamental freedoms, including freedom of opinion and expression (article 19 of the International Covenant on Civil and Political Rights); freedom of peaceful assembly (article 21); and the right to take part in the conduct of public affairs (article 25).
Irene Khan, Special Rapporteur on the promotion and protection of freedom of opinion and expression, stated that it is necessary to bring exiting laws in compliance with international law and standards, including with the principles of legality, proportionate, necessity, legitimate purpose, and non-discrimination, and called for defamation laws to be decriminalized.
Prof. Surya Deva, Vice-Chairperson, the Working Group on the issue of human rights and transnational corporations and other business enterprises, referred to several anti-SLAPP provisions that, in his view, are inadequate, including section 161/1 and 165/2 of Thailand’s Criminal Procedure Code. He pointed out that while the legal reform needed, States also need to train relevant stakeholders who will make use of these. Internal or soft guidance can also be a helpful guideline on how to exercise discretion, and more resources should be allocated to raise awareness.
Several participants, while noting their duties to protect rights to access to justice and the power imbalance between the parties in SLAPP lawsuits, called for a robust legal frameworks and policies that prevent the filing SLAPPs in the first place and allow relevant authorities to identify, call out and dismiss them as soon as they are filed.
In the jurisdictions where such mechanisms exist, participants highlighted the need to address certain gaps to allow authorities to promptly and effectively exercise their power, and the importance of guidelines that can guide the relevant authorities on how to handle and proceed with SLAPPs in a coordinated effort to raise awareness among justice sector actors on this topic.
In the absence of a specific Anti-SLAPP legislation, participants also shared their experience using existing tools in their domestic laws as a basis in combating SLAPPs, including several provisions of the constitutions, other early dismissal mechanism provided in procedural laws, provisions under international laws, and encouraged their peers to think out of the box.
Reforming individual causes of action that commonly form the basis of SLAPPs, such as defamation, to ensure their compliance with international law and standards were also discussed by participants as another approach that the governments should consider, in combination with other measures.
Remedies for persons negatively affected by SLAPP lawsuits were encouraged.
The Workshop was conducted in collaboration with Business & Human Rights Resource Centre (BHRRC); Philippine Judicial Academy; the Supreme Court of the Republic of the Philippines; Lembaga Kajian dan Advokasi Independensi Peradilan (Indonesian Institute for Independent Judiciary or LeiP); Human Rights Commission of Malaysia (SUHAKAM) and AmerBON Advocates.
The speakers at the workshop were: representatives of all partner organizations; Nikhil Dutta, Global Programs Legal Advisor of the International Center for Not-for-Profit Law (ICNL); Joel Hernández García, Inter-American Commission on Human Rights’ Rapporteur on the Rights of Human Rights Defenders and Justice Operators; Irene Khan, Special Rapporteur on the promotion and protection of freedom of opinion and expression; and Prof. Surya Deva, Vice-Chairperson, the Working Group on the issue of human rights and transnational corporations and other business enterprises.
The ICJ joined today seven other organisation in a statement before the UN Human Rights Council expressing concern at the systematic human rights violation and the persistent impunity in the Philippines and calling for more accountability.
The joint statement delivered by FORUM ASIA reads as follows:
“Madam President,
Nearly six months since its adoption, Human Rights Council resolution 45/33 offering technical assistance to the Philippines has proven to be utterly insufficient to address the systematic human rights violations and persistent impunity documented in the High Commissioner’s report. The Philippine Government’s policies and actions since the Resolution’s adoption have been completely at odds with the commitments outlined in it.
Extrajudicial killings in the so-called ‘war on drugs’ have continued. To date, the Government has made no tangible progress towards accountability against those most responsible for such killings. In December 2020, the Office of the Prosecutor of the ICC found that there is “reasonable basis to believe that the crimes against humanity” of murder, torture, the infliction of serious physical injury and mental harm, and other inhumane acts were committed between at least 1 July 2016 and 16 March 2019.
Human rights defenders pursuing legitimate work, especially those who advocate for international accountability, including lawyers, continue to be attacked and accused of belonging to terrorist groups. Rights defenders continue to be arrested and jailed. The draconian Anti-terrorism Act, passed last year, exacerbates risks to defenders. The killing of nine human rights defenders and activists on 7 March, two days after President Duterte ordered the police and military to “finish off” and “kill” those purported to be “communist rebels”, illustrates clearly the persistent killings and attacks faced by activists and defenders. It is very clear that no amount of technical assistance or capacity building will end the killings as the President and top government officials continue to incite murder and violence as official policy.
In this context, it is imperative that the Council set up an international accountability mechanism to end the cycle of violence and impunity in the Philippines.
Thank you.”
The statement was endorsed by:
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Egypt: NGOs demand the immediate and unconditional release of Ibrahim Metwally, detained solely for peacefully exercising his human rights
Egypt: Authorities must stop persecuting political opponent Ahmad Tantawi and his wife
Libya: Investigate unidentified bodies and reported mass graves in Abu Salim
EU: ICJ and other organisations urge immediate EU action on Hungary’s erosion of human rights and rule of law