The National Union of Peoples’ Lawyers (NUPL) has accused the Department of Justice (DOJ) of exploiting anti-terrorism laws to “unjustly target” activists and nongovernment organizations (NGOs) as part of efforts to meet the Financial Action Task Force (FATF) compliance requirements and remove the Philippines from the Grey List.
In a press statement, the NUPL condemned the justice department’s actions as a “flagrant violation of rights and freedoms,” citing cases where terrorism financing charges were filed against individuals and groups based on questionable evidence.
The Philippine government believes that exiting the FATF Grey List will “improve the country’s reputation in the global financial system”. It claims that complying with the FATF will attract more foreign investment and trade partnerships, and improve access to international banking and financial services.
But lawyers from the NUPL question the government’s methods in meeting the FATF standards, citing the unjust use of counter-terrorism financing laws against civil society.
“This reprehensible strategy is a flagrant violation of rights and freedoms,” the NUPL said, asserting that these actions serve to inflate prosecution statistics rather than address genuine threats.
The cases of activists Fritz Jay Labiano and Adrian Paul Tagle were cited as examples of misuse.
Both were charged under the Terrorism Financing Prevention and Suppression Act of 2012 for providing small amounts of money to detained indigenous rights advocates, one of whom was acquitted of trumped-up terrorism charges.
The Regional Trial Court of Batangas City dismissed the charges against Labiano and Tagle, citing a lack of probable cause.
The NUPL further alleged that witnesses against targeted individuals are often intimidated into compliance.
They cited a recent case involving the Negros-based Paghidaet sa Kauswagan Development Group (PDG), where a witness was reportedly coerced by agents of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) to retract a sworn statement under threat of being charged as well.
In an open letter to the FATF, the NUPL outlined how the government’s adherence to FATF standards, particularly Recommendations 6 and 8, has been weaponized to target civil society.
Recommendation 6 pertains to targeted financial sanctions aimed at countering terrorism financing, while Recommendation 8 focuses on regulating non-profit organizations to prevent their misuse for terrorism financing.
The NUPL argued that these measures have been used by the government not to combat legitimate financial crimes but to suppress dissent.
This includes freezing the assets of civil society organizations (CSOs) under broad and vague definitions of terrorism, subjecting them to red-tagging, harassment, and surveillance, and imposing onerous financial and regulatory burdens that hinder their operations.
The letter highlighted findings from a joint study by the NUPL and the Council for People’s Development and Governance (CPDG), revealing that over 60% of CSOs have experienced red-tagging, with 57% facing surveillance and 33% accused of terrorism financing.
Financial sanctions, such as asset freezes, have disrupted CSOs’ operations, leaving vulnerable communities without vital services.
“The FATF must ensure that its standards do not come at the expense of democracy, civic freedoms, and human rights,” the letter said.
The NUPL emphasized the disproportionate burden placed on CSOs while actual financial crimes, such as corruption and money laundering linked to Philippine Offshore Gaming Operators (POGOs), remain largely unaddressed.
According to the letter, the Philippine government has focused on meeting arbitrary prosecution quotas under the confidential “Project Exit Grey List,” resulting in a sharp rise in fabricated terrorism financing charges.
“Based on available data, terrorism financing cases rose from 14 in 2023 to 66 in 2024—a staggering 371% increase,” the NUPL wrote, noting that many of these cases have been dismissed for lack of evidence.
The NUPL also criticized the broad and vague definitions of terrorism and terrorism financing in current laws, which have allowed the freezing of assets based on minimal or fabricated evidence.
“Legitimate activities of CSOs, including the provision of humanitarian assistance in conflict zones, are unjustly stifled,” the letter noted.
The NUPL urged the FATF to undertake a thorough review of its policies and recommendations, emphasizing the need to prevent further harm to civil society.
The group called for greater inclusion of civil society in the FATF’s review processes to ensure that the perspectives of those most affected are taken into account.They also stressed the importance of examining all FATF recommendations to identify and address “systemic harms caused by their implementation”. It added that the FATF needs to review its policies that “have inadvertently enabled repression”.
The NUPL emphasized that FATF recommendations should not be used to justify violations of democratic freedoms. “The FATF has positioned itself as a global enforcer of financial integrity, yet its impact in the Philippines demonstrates both its harmful consequences and critical failures,” the letter stated.
The lawyers called for the immediate cessation of oppressive practices. “The DOJ must uphold the integrity of judicial processes by refraining from using courts to advance their political agendas under the guise of counter-terrorism.”
The NUPL warned that the current approach is undermining the role of CSOs in promoting human rights and uplifting marginalized communities. The group urged the DOJ, FATF, and other stakeholders to act decisively to protect civic freedoms and ensure accountability.
First published by Altermidya Network
