Tuesday 13 August 2024, LondonGlobal Witness strongly condemns the decision by the Court of Appeals in the Philippines to deny the petition for protective writs to two youth land and environmental defenders made yesterday.

According to eyewitnesses, the two women activists – Jhed Tomano (22) and Jonila Castro (23) - were violently abducted on 2 September, 2023, after visiting communities affected by ongoing reclamation activities and coastal flooding in Manila Bay. After 17 days missing, they were resurfaced at a military-organised public press conference, where they claimed state involvement in their abduction.

The activists were later released following public outcry and widespread concerns for their safety.

The decision by the Court of Appeals cites a lack of ongoing threats and insufficient evidence of state involvement in the disappearance of the defenders last year.

Rachel Cox, Senior Campaigner for the Land and Environmental Defenders campaign at Global Witness, said:

“In denying this petition, the Court of Appeals shows little regard for the lives and wellbeing of environmental and rights advocates – setting a troubling precedent for the protection of land, environmental and climate defenders in the Philippines.

“No person should be harassed, threatened or attacked for voicing concerns out about harms to people or planet. Both young women should be free to speak out safely – a right that should be guaranteed by the Philippine government. This ruling is a stark reminder that this is not the case.

The Court of Appeals ruled to deny the petition for a protection order that would have prevented members of the Philippine Army the two women believe abducted them from going within 1km of them, their place of work, school, or their homes. It would also prevent members of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) from ‘red-tagging’ them. This overrides a previous ruling by the Supreme Court in October 2023, which granted both women temporary protection.

In the Philippines, ‘red-tagging’ has become a sinister tactic used to intimidate, defame and vilify legitimate activists for their work. The criminalisation of activists through tactics such as red-tagging is often used as a pretence for arrest and can increase the likelihood of an attack. This practice is commonly used by government officials, military, or other authorities to discredit and intimidate activists, human rights defenders, journalists, and political opponents.

This tactic mirrors a trend of criminalisation of land rights and environmental activism not only in the Philippines but globally. In May 2024, the Philippine Supreme Court issued a major ruling declaring “red-tagging” a threat to people’s life, liberty, and security.

Global Witness echoes widespread concern among environmental and human rights groups. 

Cox continued: “We urgently need stronger protective measures and accountability mechanisms to safeguard the rights and lives of those who advocate for the rights of communities and the environment.

“This ruling underscores the extreme challenges faced by those who stand up for environmental justice, especially when state involvement is suspected. The safety of Jhed and Jonila must be a priority, and any threats against them must be met with swift and decisive action.”  

Environmental defenders in the Philippines are increasingly at risk of reprisal and violence – with the country consistently named as the most dangerous places in Asia for killings of land and environmental activists according to Global Witness.

Global Witness stands with environmental and rights groups calling on the Court of Appeals to thoroughly review the evidence surrounding the abduction of Jhed and Jonila and to overturn their verdict. The safety of these two young women activists must be considered amidst a wider context of attacks in the Philippines.