Philippines - May 2024

On 8 May, the Supreme Court (SC) issued a landmark ruling that declared accusing someone of having ties to the Communist insurgency (known locally as ‘red-tagging’) a threat to life, liberty, and security, potentially justifying the issuance of protection orders for those so-affected. The decision marks the first time a court has explicitly defined red-tagging, providing a legal basis for persons challenging the practice. For decades, government or law enforcement agencies have used red-tagging (or red-baiting) to accuse thousands of critics or oppositional figures of ties with the country’s Communist insurgency, endangering them of enforced disappearance or extrajudicial killings. The SC decision stems from a 2020 petition filed by activist and former lawmaker Siegfried Deduro who was red-tagged by the military and faced harassment. Rights experts hope this ruling will set a precedent for pending red-tagging complaints and have urged the legislature to pass laws that criminalise unfounded communist accusations (which are most often made by government officials).  

Sources: Human Rights Watch, Rappler (1), Republic of the Philippines Commission on Human Rights, Amnesty International, Rappler (2), Supreme Court of the Philippines