The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of the Philippines on 29 August 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government acknowledged receipt of the communication on 13 September 2024. Regrettably, the Government did not address the questions and concerns expressed in the communication. If more replies are received, they will be posted on the UN Special Procedures communications database.
At the time of publication, the case against the “CERNET 27” is ongoing. Their next hearing is set for February 2025.
This is a shorter version of the original communication.
BACKGROUND
Topic: the terrorism-related charges against human rights defenders and development workers affiliated with anti-poverty network CERNET, including Ms. Estrella F. Catarata, Ms. Maria Ira Pamat, Dr. Petty Orbeta De Castro, Ms. Nancy Estolloso, Ms. Noemi Truya-Abarientos, Ms. Jhonggie Rumol, Mr. Jaime Paglinawan Sr., Dr. Oliver Gimenez, Ms. Cristina Muñoz, Ms. Alma Garcia, Ms. Evelyn Abella, Ms. Teresa Claire F. Alicaba, Ms. Crescenciana Labitad, Mr. Ritchie Nellas, Rev. Zuriel Tiempo and Dr. Miguel Udtohan, as well as the continued harassment of the organisation’s current and former members.
The Community Empowerment Resource Network, Inc. (CERNET) is a network composed of nine humanitarian and development non-governmental organisations (NGOs) founded in 2001, based in Cebu City and active in the Visayas islands, in the central part of the Philippines. The organisation works alongside marginalised groups to promote economic, social and cultural rights in their communities by providing small project funds to grassroots initiatives.
Ms. Estrella F. Catarata is a woman human rights defender, social worker and psychologist. From 1996 to 2013, she was the Executive Director of Central Visayas Farmer’s Development Center (FARDEC) Inc., an NGO based in Cebu City advocating for land rights and sustainable food production. In 2001, FARDEC was one of nine NGOs to form the CERNET network. Ms. Catarata remained a Board Officer of CERNET until 2013. She is now the Executive Director of Sibol ng Agham at Teknolohiya (SIBAT) Inc., a non-profit NGO providing community-based renewable energy systems to marginalised communities.
Ms. Maria Ira Pamat is a woman human rights defender, development worker and the Executive Director of the Women’s Development Center Inc. (WDC), an NGO providing shelter to women and children victims of violence and supporting community livelihood programmes in Bohol province. She is also a former board member of CERNET.
Dr. Petty Orbeta De Castro is a woman human rights defender, a dentist and the Executive Director of the Visayas Primary Health Care Services Inc. (VPHCS), an NGO promoting healthcare programmes amongst the most marginalised groups in the Visayas islands – poor urban dwellers, farmers, fisherfolks, women and children. She used to be a council member of CERNET representing VPHCS, as well as the treasurer of the CERNET Board.
Ms. Nancy Estolloso is a woman human rights defender and the Executive Director of Tuburan for Rural Women Empowerment and Development Inc. (TUBURAN), an NGO promoting the rights of women in rural communities in the province of Negros Oriental. She is also a former council and board member of CERNET.
Ms. Noemi Truya-Abarientos is a woman human rights defender, a lawyer and the Deputy Executive Director of the Children’s Legal Bureau, Inc. (CLB), an NGO based in Cebu City working to protect children from abuse and exploitation. She is also a former Council member of CERNET, where she used to represent the NGO FARDEC.
Ms. Jhonggie Rumol is a woman human rights defender, development worker and a consultant at Visayas Institute for Human Development Agency, Inc. (VIHDA), an NGO promoting labour rights in the Visayas region, of which she used to be the Executive Director. She is also a former Strategic Partnership Program Coordinator at CERNET.
Mr. Jaime Paglinawan Sr. is a human rights defender and trade union leader. He is the Chairperson of trade union AMA Sugbo – KMU and the Vice Chairperson of Kilusang Mayo Uno (KMU) for Visayas, a federation of trade unions aiming to protect and promote workers’ rights. He is also a board member at VIHDA and the Chairperson of the Central Visayas chapter of Bagong Alyansang Makabayan (BAYAN), a political alliance of left-wing organisations.
Dr. Oliver Gimenez is a human rights defender, doctor of medicine and a former Executive Director of CERNET. He has worked as part of medical missions in rural communities and is currently the Municipal Health Officer of the municipality of Medellin, Cebu province.
Ms. Cristina Muñoz is a woman human rights defender, social worker and a former Administrative and Finance Officer at CERNET. She is currently the Officer in charge at CERNET, standing as its Executive Director.
Ms. Alma Garcia is a woman human rights defender and a former Advocacy Officer at CERNET.
Ms. Evelyn Abella is a former CERNET Council Member representing youth-led organisation for human rights and social justice PAGBAGO (Panaghugpong sa mga Gagmay nga Bayanihang Grupo sa Oriental Negros, the “Collective of Small Bayanihan Groups in Negros Oriental”) and a former auditor of the CERNET Board. She is now retired.
Ms. Teresa Claire F. Alicaba is a former Small Projects Fund (SPF) Project Officer at CERNET, currently working as a Project Officer at the University of the Philippines in Cebu City.
Ms. Crescenciana Labitad is an administrative officer of the Visayas Primary Health Care Services Inc. (VPHCS) and a former council member of CERNET representing VPHCS.
Mr. Ritchie Nellas is a former People’s Organization (PO) Capacity Building Officer at CERNET.
Rev. Zuriel Tiempo is a pastor with the United Church of Christ in the Philippines and a former Council member of CERNET, where he represented the College of Maasin Extension Program (CMEDP).
Dr. Miguel Udtohan is President of the College of Maasin in Southern Leyte province and a former member of the CERNET Board and its Council, where he represented CMEDP.
Concerns regarding the “red-tagging” of human rights defenders and the use of regulations to counter terrorist financing (CFT) against civil society organisations were raised in several previous communications sent to the Government of the Philippines by special procedures mandate holders, including PHL 4/2023, PHL 1/2023, PHL 2/2022, PHL 6/2021, PHL 5/2021, PHL 3/2021, PHL 1/2021.
ALLEGATIONS
General allegations against CERNET and its members
CERNET has been the target of unfounded accusations of supporting the communist insurgency in the Philippines for several years. CERNET, its members, and its partner organisations have faced harassment, intimidation, abductions, and extrajudicial killings allegedly perpetrated by state security forces, since 2006. The attacks escalated in 2008 when false charges were filed against CERNET’s Executive Director and Finance Officer, which were subsequently dismissed in 2009. The persecution continued after the dismissal. In 2018 and 2019, CERNET was relentlessly red-tagged by state security forces affiliated with the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) established by the Rodrigo Duterte administration. In 2020, a staff member of Central Visayas Farmer’s Development Center (FARDEC), a member of CERNET’s consortium, was abducted from her home and found dead a year later in Metro Manila. In 2021, FARDEC’s program coordinator in Bohol was arrested on false charges related to firearms and explosives. In September 2022, CERNET’s Board Secretary and KINABUHI coordinator faced false accusations of multiple counts of frustrated homicide. CERNET’s former Finance Officer was harassed by members of the military in 2022. On 10 January 2023, two members of CERNET consortium, a woman human rights defender and another staff, were abducted by military personnel in Cebu, along with her partner who also worked for a member of CERNET’s consortium. They were released after several days of interrogation and coercion to surrender.
Regarding recent allegations
In May 2023, a criminal complaint under the Terrorist Financing Prevention and Suppression Act of 2012 (Republic Act No. 10168) was filed by a Brigadier General Commander of the Joint Task Force Cebu, 3rd Infantry Division of the Philippine Army, against 27 individuals with ties to CERNET. The defendants are former and active humanitarian workers and human rights defenders, in particular women, who were or still are affiliated with CERNET, leading the group to be dubbed the “CERNET 27”. The list of 27 defendants includes three persons who were deceased at the time of the complaint, as well as two people no longer residing in the Philippines. Those named in the complaint were accused of delivering 135,000 pesos (about 2300 USD) to the South Eastern Front (SEF) group of the National People’s Army (NPA) – which is designated as a terrorist organisation – in Dumaguete City in 2012.
On 13 August 2023, CERNET received a subpoena from the Philippine Department of Justice, implicating 27 of its former council members, board members, staff and partner organisations for alleged violation of the Terrorist Financing Prevention and Suppression Act.
On 28 September 2023, the accused individuals filed counter affidavits during the preliminary investigation held in Cebu City.
On 30 April 2024, during a press conference held by the Philippine Information Agency (PIA) in Dumaguete City, Negros Oriental province, a Brigadier General “red-tagged” CERNET and its member organisations, and labelled FARDEC’s former Executive Director Estrella F. Catarata as leader of a communist terrorist group.
On 8 May 2024, the Philippine Department of Justice filed charges against the 27 individuals named in the initial complaint for allegedly violating Section 8(ii), in relation to section 9 of the Terrorism Financing Prevention and Suppression Act of 2012 by making ‘available any property or funds, or financial services or other related services to a designated and/or identified person, organization, association, or group of persons’.
On 18 May 2024, the Cebu City Police Office posted on its official Facebook page the slightly blurred mugshot of one of the defendants, Ms. Estrella F. Catarata, in a press release advertising her arrest as “Top 1 Most Wanted Person in the Central Visayas”. The woman human rights defender whose photo was used was wrongly referred to as a “businesswoman”, and alleges that she was not arrested, but instead voluntarily presented herself before the Regional Trial Court Branch 74 before being released on bail.
On 20 May 2024, referring to the case against CERNET members, Justice Secretary [name redacted] warned that those who finance terrorist organisations “[would] face extreme consequences as harsh as those met by the terrorists themselves” and instructed the prosecution to “put behind bars all financiers of terrorism.”
On 24 June 2024, the Cebu Regional Trial Court granted a motion to dismiss the case against two of the three deceased individuals who were still included in the accusations against CERNET.
On 27 June 2024, Rev. Zuriel Tiempo and another defendant were arraigned. The arraignment hearing for the remaining defendants was set to 19 September 2024 by the judge after they filed a Petition to Review before the Department of Justice as well as a Motion to Defer Proceedings before the court.
At the time of writing, all of the accused individuals residing in the Philippines have posted bail after their arrest warrants were issued by the court and are currently free.
CONCERNS
In the communication, we express our deep concern regarding the criminalisation and the “red-tagging” of 27 human rights defenders, in particular women human rights defenders and humanitarian workers with ties to CERNET. We are concerned that these actions seem to demonstrate a deliberate misapplication of counter-terrorism legislation, including CFT law, for the purpose of discrediting legitimate human rights and humanitarian activities.
The targeting of these human rights defenders and humanitarian workers through intimidation, reputational harm and criminalisation is of particular concern, as it appears to be in direct retaliation for their legitimate and peaceful activities promoting economic, social and cultural rights in the Philippines. We are concerned that such measures risk obstructing the delivery of vital and well-protected humanitarian, human rights and development services.
The “red-tagging” of human rights defenders by labelling them as “communists” or “terrorists” and the portrayal of them and their work as a threat to national security, including through statements by police forces, both online and offline, is an issue of serious concern. We have previously communicated such concerns to the Philippine Government about the widespread red-tagging of human rights defenders and how this practice seeks
to delegitimise their activities, create misunderstandings about their work, and increase the risk of reputational harm, threats, and attacks against them. The practice of “red-tagging” causes significant reputational harm to individuals and organisations and violates their right to privacy. It also has a wider chilling effect on civil society, restricting freedom of expression, peaceful assembly and association and sowing fear that peaceful political activities will be met with oppressive retaliation. At its very worst, “red-tagging” contributes to the normalisation of extrajudicial killing of human rights defenders and creates an environment in which extrajudicial killings can occur with relative impunity. Indeed, the Supreme Court of the Philippines has declared that “red-tagging”, vilification, labelling and guilt by association threaten the right to life, liberty and security[1].
In relation to this concern, we referred the Government of the Philippines to the report of the Special Rapporteur on the situation of human rights defenders to the Human Rights Council, Final warning: death threats and killings of human rights defenders (A/HRC/46/35), in which she noted that being “tagged” as “red”, or “communist”, is a serious threat, that has previously resulted in acts of violence, including murder against human rights defenders.
We would also like to refer to the report of the previous High Commissioner for Human Rights on the human rights situation in the Philippines (A/HRC/44/22), presented at the 44th session of the Human Rights Council in June 2020. In her report, she noted that for decades, red-tagging had been a persistent and powerful threat to civil society and freedom of expression, and that those working to promote and protect human rights had been acutely affected by such smears.
We express concern at the use of counter-terrorism and terrorism financing legislation and measures against civil society. In this regard, we would like to recall the provisions of Human Rights Council resolution 24/5 and 15/21, which noted grave concern about the fact that “in some instances, national security and counter-terrorism legislation and other measures, such as laws regulating civil society organisations, have been misused to target human rights defenders or have hindered their work and endangered their safety in a manner contrary to international law.” We recall that States are urged to ensure that measures to combat terrorism and preserve national security are in compliance with their obligations under international law and do not hinder the work and safety of individuals, groups and organs of society engaged in promoting and defending human rights. (A/HRC/RES/22/6, para. 10).
We would like to reiterate our concerns regarding the broad definition of “terrorism” under the Anti-Terrorism Act of 2020, the expansion of executive branch authority, the absence of judicial oversight, and the apparent lack of due process in cases concerning alleged infringements of the law. Notwithstanding the Supreme Court striking down parts of the legislation as unconstitutional in 2021, concerns remain about the designation powers of the Anti-Terrorism Council. In this respect, we recall the importance of ensuring the necessary safeguards for due process and fair trial under international human rights law (see PHL 4/2023).
With respect to the accusations of counter-terrorism financing, particularly against human rights defenders and humanitarian workers, to the extent that these measures entail terrorism-related listing and asset freezing procedures, we recall that these measures must comply with due process and procedural rights, including the right to a fair trial, the right to appeal and the right to effective protection by the courts. We further express our concerns about the potential consequences of asset freezing measures, vital humanitarian and human right services – including health, food, shelter, and education services with potentially detrimental impacts on the fundamental social, economic and cultural rights of Indigenous Peoples, internally displaced persons, human rights defenders, religious minorities, women and children and any other vulnerable category of the population that could be the beneficiary of this services. In this context, we emphasise the importance of adopting an intersectional approach to accurately reflect the experiences and impacts as determined by gender, religion, age, indigeneity and beyond.
We are also particularly concerned about the way in which law enforcement disseminated inaccurate information regarding the defendants, Ms. Estrella F. Catarata, thereby defaming her, putting her and potentially other colleagues at additional risk. As noted by the Special Rapporteur on violence against women and girls in her report A/HRC/38/47, women, including women human rights defenders, are particularly targeted by online and technology-facilitated violence, eliminating a sense of safety for those affected, both online and offline. It is concerning when law enforcement reportedly directly participates in subjugating women human rights defenders to such violence.
[1] https://sc.judiciary.gov.ph/sc-red-tagging-threatens-right-to-life-liberty-and-security/
