Special prosecutor for crimes vs journalists sought

United Nations special rapporteur on freedom of opinion and expression Irene Khan has recommended the appointment of special prosecutors who would handle crimes against journalists and other human rights defenders.

In her exit statement following her 10-day official visit, Khan noted that the Philippines remains one of the most dangerous countries for journalists.

She cited data from the United Nations Educational, Scientific and Cultural Organization, which showed that only 10 cases out of 117 journalists killed in the Philippines in the past 30 years have been fully resolved.

“Violence against journalists and human rights defenders was particularly high during the Duterte administration. However, the past 18 months (have shown) that the trend remains disturbing, with four journalists killed since the new administration took office,” the UN official said.

“Clearly, much more needs to be done to eliminate impunity,” she added.

Khan noted efforts of the Department of Justice to strengthen investigation and prosecution, such as the issuance of circulars that mandate autopsy for all suspicious or violent deaths and better collaboration to improve evidence collection and ensure higher conviction rates.

She pointed out, however, that “only the concrete figures of impunity will indicate whether these measures are adequate and effective.”

“In my view, the government needs to establish a dedicated special prosecutor for crimes against journalists and human rights defenders,” she said.

The UN official also underscored the need for other protection and prevention measures to ensure the safety of journalists.

The main mechanism for the safety of journalists, the Presidential Task Force for Media Security (PTFoMS), “does not seem to be sufficient institutional capacity, proper systems or a clear policy framework on the protection and safety and prevention of attacks on journalists, to compel all relevant agencies and entities to invest sufficiently in this issue,” she said.

For instance, during her visit to Cebu, she found out that the police is not aware of the supposed PTFoMS directive to designate public information officers in police stations as “media security vanguards.”

“They did not seem to be aware of the arrangement, had no rules on how to handle such problems nor had they received appropriate training on media safety,” Khan said.

“Equally on the side of the media, not all outlets were convinced about the current system. Many journalists see the law enforcement and security officials as the source of threats against them, and thus do not trust them as ‘protectors,” she added.

The UN rapporteur recommended that the government set up “fully dedicated, properly resourced well institutionalized mechanism” that would provide training and strengthen coordination between the media, police and other actors.

Censorship

Khan also called out the government over the directive that blocked several alternative news websites over alleged links to communist groups.

“The blocking of websites is a direct form of censorship, which requires a high degree of scrutiny,” she said.

“While the government may dislike that some outlets provide alternative narratives that do not follow its own editorial line, it is critical that any decision that restrict the freedom of expression meet the three-part test of legality, necessity and proportionality provided for under international human rights law, and is authorized by the courts,” she added.

The UN expert stressed that unlawful restrictions is detrimental to the public’s ability to access information.

Last year, the National Telecommunications Commission (NTC) directed telecommunications companies to block 27 websites upon the request of then national security adviser Hermogenes Esperon Jr.

Among those blocked were websites of independent media organizations Bulatlat and Pinoy Weekly.

Bulatlat secured a preliminary injunction against the NTC directive before a Quezon City court.

The media outfit welcomed Khan’s statement, saying “the anti-terrorism rhetoric should not be used as justification to violate freedom of expression and opinion.”

“Alternative news websites and people’s organizations presenting narratives contrary to the statement of those in power should in fact be encouraged in a democracy,” it added.

Senators buck Khan

Meanwhile, senators are against Khan’s proposal to scrap the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

Sen. Francis Escudero said he does not agree with Khan, saying, “Not because the previous administration implemented the NTF-ELCAC, the next administration could not continue the program.”

“If it’s good, if something good is started, it should be continued. Although the NTFELCAC is included in the issue of stability, it is not and has nothing to do with peace talks. This is an inter-agency body to address the basic needs of areas where the rebel group is strong,” Escudero said in an interview over radio dwIZ.

“The goal of the NTF-ELCAC is to make the people feel the government. Whether there are peace talks or not, the coordination of agencies for peace and order will continue,” he added.

Like Escudero, Sen. Ronald dela Rosa asserted that instead of abolishing the NTF-ELCAC, the program should be institutionalized.

“We even want to institutionalize it. We have seen that it is effective, even if the insurgency problem has weakened, it is still there to address social problems,” Dela Rosa said.

“If we listen to (Khan’s call), it is like we are saying you are our boss. Who is she to dictate to us? Just tell them it is our problem, not your problem. Let us deal with our own problem here,” he added.

On the call to repeal the country’s anti-terror law, Khan should make the suggestion first with the United States, according to Escudero.

“Let her do that in New York first because America’s anti-terror law is stronger than ours… That’s in the US. Maybe she should treat countries equally. It’s not because we’re a small country, that’s just the way she dictates it,” the senator said.

“I don’t welcome those statements, quite frankly. I would like to see her to be more fair and equal with respect to such calls because there are lot of governments that have worse laws, but I don’t hear her make the same call,” he added.

‘Outdated’

In a related development, an opposition lawmaker yesterday asked the Marcos administration to heed Khan’s recommendation to abolish the “outdated” NTF-ELCAC.

ACT Teachers party-list Rep. France Castro said President Marcos should put an end to the NTF-ELCAC, which was created by his predecessor, former president Rodrigo Duterte.

Castro noted that abolishing the task force would allow the Philippines to be a member of the UN Security Council.

She also asked Marcos to have the anti-terror law reviewed as she described the measure.

“We hope that President Marcos will listen to this proposal, so that we can eliminate the fascist legacy of the Duterte administration,” Castro said.