UN Special Rapporteur Khan calls for abolition of NTF-ELCAC

Visiting United Nations Special Rapporteur Irene Khan on Friday recommended the abolition of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

“NTF-ELCAC was established about six years ago in a different context. It is outdated. It does not take into account the ongoing prospects for peace negotiations,” Khan, the Special Rapporteur for Freedom of Opinion and Expression, said in a press conference. 

“I therefore recommend that the task force should be abolished,” she added.

The NTF-ELCAC was established in December 2018 by then President Rodrigo Duterte to end “local armed communist conflict” in the country. 

Since then, it has been repeatedly accused of red-tagging individuals.

In November 2023, the government and the National Democratic Front of the Philippines signed a joint communique in Oslo which adverted to the need to "unite as a nation" amid socioeconomic and environmental issues, and "foreign security threats."

According to Khan, the abolition will address critical drivers of red-tagging and allow the government to modernize its approach based on the changing political landscape. 

“The abolition will allow for a more inclusive peace-making platform or platforms with participation of women peacemakers and communities as a genuine whole of nation approach to peace,” she said.

In November 2023, UN Special Rapporteur Dr. Ian Fry also called for the abolition of the NTF-ELCAC.

Khan expressed concern about the red-tagging complaints she received from human rights defenders, humanitarian workers, teachers, the youth, priests, health workers, and indigenous leaders.

“Many of the victims of the vilification are young and articulate. Many of the victims have pointed their fingers at the state agency, the NTF-ELCAC, either as the culprit or as the instigator. But also to the military, state security officials, senior government officials, and some media outlets linked to political figures,” she said.

Last week, the Department of Justice said it assured Khan that red-tagging is not a government policy.

“My recommendation to the government, to this administration, is that you need to send a message out that you do not approve, and you will not tolerate red-tagging if that is your position,” she said.

“Because a message from the top will have the same impact on mindset, whether it is a good message or a bad message... the good message has to come strongly from the very top about commitment to human rights and about not tolerating negligence or deliberate violation of state officials,” she added.

Due to this, Khan also called on the Philippine government to adopt and expedite a law to protect human rights defenders.

“I call upon the executive and the House of Representatives at the national level to adopt, expedite a law on the protection of human rights defenders,” Khan said.

In a joint statement, the Presidential Task Force on Media Security, NTF-ELCAC, Department of Foreign Affairs, DOJ, Presidential Human Rights Committee on the Exit Briefer of the UNSR on FOE said Khan's suggestions would be ''thoroughly evaluated and considered for implementation, serving as a foundation for transformative measures.''

Still, they said that further discussions will be made, noting that while the government is open to reforms, ''it points out the difficulties in fully grasping the local nuances within a brief ten-day visit.''

''The government pledges to improve inclusivity by involving civil society organizations in its initiatives and recognizing the importance of strengthening media freedom and security, while allocating the necessary resources,'' they added.

Not the proper time

However, National Security Council Assistant Director General Jonathan Malaya said it would "not be proper at this time" to abolish NTF-ELCAC given two supervening events, such as the government’s “strategic victory” over the New People’s Army and the exploratory peace talks with the Communist People’s Party-NPA-National Democratic Front (CPP-NPA-NDF).

“The NTF-ELCAC has been the game-changer in the government’s fight against communist terrorism,” Malaya told a press briefing.

“Please take note that this is a 52-year old running insurgency. Now that we have reached this stage in the campaign, we feel it is improper to call for its abolition.”

Meanwhile, according to Khan, latest developments in the country such as the granting of former senator Leila de Lima’s bail plea, the acquittal of Rappler CEO Maria Ressa, as well as the resumption of peace talks under the Marcos administration were “positive signals.”

However, Khan said these were “not sufficient to turn the page decisively on the past.” 

“Tackling the grave and deep-seated human rights problems of the Philippines… will require more fundamental and sustained reforms and also a clear commitment to accountability,” she said.

“At home and abroad, there is an expectation that the government will build on the steps that it has already taken to make more significant legal policy and institutional changes. And it is only by doing that it will… reaffirm the image of the Philippines as a forward looking, vibrant democracy committed to human rights and the rule of law,” she added.

The press conference marked the end of Khan's visit to the Philippines, where she sought to assess issues related to the right of freedom of opinion and expression, among others. 

During her stay in the country, Khan visited various government agencies and talked with personalities such as Executive Secretary Lucas Bersamin. Among the government entities she visited were the Supreme Court, the Department of Justice, and the Department of the Interior and Local Government.

She also visited civic society organizations and certain personalities.

Lawmakers were divided on Khan's recommendation.

Senator Francis Escudero expressed opposition saying NTF-ELCAC is an interagency task force that seeks to look into and address the root causes of insurgency.

"Peace talks is a process...NTF-ELCAC seeks to provide solutions to deep seated problems," he said, adding that several barangays in his home province Sorsogon benefited from NTF=ELCAC projects.

Senate Minority Leader Aquilino Pimentel III, on the other hand, said he noticed that NTF-ELCAC funds have been very difficult to liquidate with the Commission on Audit.

"This is my additional reason for agreeing to its abolition," he said.

Meanwhile, the call was welcomed by the National Union of Journalists (NUJP) in the Philippines and human rights group Karapatan.

“We share Ms. Khan's views about red-tagging, and we agree that the NTF-ELCAC should be abolished for its role in vilifying dissent, reportage, and the legitimate exercise of civil and political rights,” the NUJP said in a post on X.

The group expressed hope that the government will heed Khan’s recommendations and take concrete measures for the protection of the public’s right to free expression and opinion.

Meanwhile, Karapatan also expressed support for the abolition of NTF-ELCAC.

“The NTF-ELCAC’s bid to rename itself, in a desperate attempt by the Philippine government to gloss over its notorious record, is an empty and deceptive scheme. A monster by any other name remains a monster that is the NTF-ELCAC,” it said in a statement.

Karapatan said it would continue to coordinate with Khan while waiting for her full report to the UN Human Rights Council in June 2025. 

“We will persist in exposing the fascist terror that the Marcos Jr.-Duterte regime perpetuates and pursue justice and accountability, anytime and anywhere,” it said.—with reports from Anna Felicia Bajo and Hana Bordey/KBK/AOL, GMA Integrated News