Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders II. Human Rights Defenders, their rights, their role in society, and the challenges they face Human rights defenders in the Philippines have faced a variety of challenges and have been subjected to harassment, unlawful arrest and detention, torture, extrajudicial killings, and enforced disappearances because of their work. Human rights defenders have also faced unfounded criminal charges usually brought against them by public officers whose abuses the defenders have exposed. In some cases, numerous criminal charges have been filed against human rights defenders, with the apparent intention of keeping them in detention. In 2012 and 2013, the UN Special Rapporteur on the situation of human rights defenders, expressed serious concern regarding the persistent challenges faced by human rights defenders in the Philippines, “including extrajudicial killings, threats and intimidation, arbitrary arrest, and detention.”12 The UN Human Rights Committee, the body of independent experts mandated by the International Covenant on Civil and Political Rights (ICCPR) to monitor the implementation of its provisions by State Parties, expressed its concern that human rights defenders in the Philippines are often subjected to surveillance by law enforcement personnel and recommended that the government “take appropriate measures to protect the rights of human rights defenders” and “ensure that any surveillance programmes for purposes of State security” are compatible with the ICCPR.13 The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (UN Declaration on Human Rights Defenders), adopted by the UN General Assembly in 199814, describes human rights defenders as “individuals, groups, and associations” who “contribute to the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals.”15 The UN Declaration on Human Rights Defenders sets out and is based on rights and principles that, at the time of its adoption, were already enshrined in legally-binding treaties, such as the ICCPR, to which the Philippines is a party. It serves to clarify and emphasize the duties of States to promote and protect the rights of human rights defenders. Adopted by consensus by the General Assembly, it represents a commitment by States “to acknowledge, promote and protect the work and rights of human rights defenders.”16 The UN Declaration on Human Rights Defenders is the first international instrument that clarifies that the defense of human rights is a right in itself. It expressly provides that all persons have the right “to strive for the protection of human rights and fundamental freedoms at the national and international levels.”17 It also enumerates rights of those people who do so -- human rights defenders -- such as the right to form associations and non-governmental organizations18, to meet or assemble peacefully19, to freely seek, obtain, and hold information about human rights20, hold opinions on the observance, both in law and practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters,21 and the right to publish and disseminate to others views and information on all human rights22. Human rights defenders also have the right, individually and with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any 12 Report of the Special Rapporteur on the situation of human rights defenders, Addendum, UN Doc. A/HRC/19/55/Add.2 (2012), para. 292, Report of the Special Rapporteur on the situation of human rights defenders, Addendum, UN Doc. A/HRC/22/47/Add.4 (2013) para 340. 13 Human Rights Committee, Concluding observations on the fourth periodic report of the Philippines, UN Doc. CCPR/C/PHL/CO/4 (2012), para. 15. 14 The Declaration on Human Rights Defenders was adopted by the UN General Assembly, through Resolution A/RES/53/144, 8 March 1999. http://www.ohchr.org/Documents/Issues/Defenders/Declaration/declaration.pdf (Accessed August 2014). 15 Fourth preambular paragraph of the Declaration on Human Rights Defenders. 16 Report of the Special Representative of the Secretary General on human rights defenders, UN Doc. E/CN.4/2001/94, 26 January 2001, para. 2. http://www.humanrights-defenders.org/wp-content/uploads/2010/04/G0110638-UNSRHRD2001-EN.pdf (Accessed August 2014). 17 Article 1 of the UN Declaration on Human Rights Defenders. 18 Article 5(b) of the UN Declaration on Human Rights Defenders. 19 Article 5(a) of the UN Declaration on Human Rights Defenders. 20 Article 6(a) of the UN Declaration on Human Rights Defenders. 21 Article 6(c) of the UN Declaration on Human Rights Defenders. 22 Article 6(b) of the UN Declaration on Human Rights Defenders. 7