Protecting the Protectors: A Human Rights Month Call for Environmental Justice in the Philippines
By: C-Help Team
This Human Rights Month, the Community Legal Help and Public Interest Centre, Inc. (C-HELP) stands in solidarity with Environmental Human Rights Defenders (EHRDs) who safeguard our people and planet. We commemorate this occasion by affirming their vital role in protecting communities and ecosystems.
In every corner of the country, this solidarity takes shape in real struggles and victories, embodied by the people and communities who rise to defend nature and human dignity.
Across the Philippines, courageous individuals and communities are standing up to protect forests, rivers, coastlines, and the very air we breathe. These Environmental Human Rights Defenders (EHRDs) are the guardians of our shared future.
Yet, their vital work often comes at a heavy cost: harassment, intimidation, and abusive lawsuits designed to silence their voices.
Protecting the protectors is essential, not only for environmental justice but also for democracy, human rights, and sustainable development. To understand why their protection matters, it is important first to recognize who these protectors are.
Who Are Environmental Human Rights Defenders?
According to the United Nations Environment Programme, EHRDs are “individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora, and fauna.”
These EHRDs come from various walks of life; they can be lawyers, journalists, community leaders, Indigenous Peoples, or local farmers. Their work ranges from peaceful protests and scientific research to challenging, destructive projects and advocating for access to environmental information.
As the Commission on Human Rights of the Philippines has emphasized, defenders “risk their lives every time they go out in the field to do scientific research. Despite their genuine intention to protect ecosystems and empower communities, environmental defenders experience unjust labelling as dangerous threats to national security and are subjected to various forms of harassment and attacks.”
The Threat of Abusive Lawsuits (SLAPPs)
One of the most common tools used to attack EHRDs is through the filing of a Strategic Lawsuit Against Public Participation (SLAPP). These lawsuits are filed not to resolve genuine disputes, but to harass, exhaust, and silence defenders.
Under the Rules of Procedure for Environmental Cases[1], a SLAPP is defined as “a legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights”. Some examples of these lawsuits include:
- Cyberlibel charges against a mother questioning the legality of a nuclear power plant revival to discourage her from speaking out on a public issue;
- Terrorism charges against a community organizer protesting seabed quarrying and reclamation projects, reframing environmental defense as a “security threat,” deterring others from joining; and
- Administrative violations filed against local officials who deny coal mine expansion permits to punish officials for upholding environmental and community interests.
In essence, these cases are designed to drain resources, instill fear, and discourage public participation.
Legal Tools for Defenders
Recognizing these threats, C-HELP is committed to equipping communities and advocates with tools to resist them. That is why we are preparing to release our own Environmental Human Rights Defender’s (EHRD) Guide, an accessible resource to strengthen awareness, protection, and collective action, and provide practical strategies, among of which are:
- SLAPP-back mechanisms under Philippine law, allowing defenders to counter abusive lawsuits. A SLAPP-back aims to eliminate the power disparity between contending parties in environmental litigation;
- Legal Risks Assessment and Management (LRAM) strategies to prepare for search, arrest, or harassment;
- Filing complaints with the Commission on Human Rights (CHR) to demand accountability; and
- NGO registration and compliance guidance, ensuring organizations remain legally protected while pursuing advocacy.
The forthcoming Environmental Human Rights Defenders (EHRD) Guide contains four (4) sections, specifically:
| Section | Description |
|---|---|
| 1 | Framework and Key Concepts What are environmental human rights (EHRs)? Characteristics and sources (international and national) Who are EHRDs? Definition and examples of SLAPP, abusive lawsuits Definition and examples of SLAPP-back |
| 1 | Legal Risks Assessment and Management (LRAM) Definition and examples of LRAM Pointers during search and arrest |
| 3 | Bringing a Case to the Commission on Human Rights (CHR) About CHR Cases being handled by the CHR Filing a complaint |
| 4 | NGO Registration, Legal Compliances, and Other Considerations Registration and reportorial requirements Tax exemption and obligations Labor and other statutory compliances |
This will serve as a practical companion for advocates and communities. Inside, readers will find clear definitions of EHRDs, explanations of SLAPP suits and other common threats, and step‑by‑step strategies for protection and solidarity. In sum, the Guide contains:
“By demystifying complex legal procedures and providing practical tools, we hope to mitigate the chilling effect of SLAPPs and strengthen the movement for environmental justice in the Philippines,” Zelda Soriano, Founder and Pro bono Executive Director of Community Legal Help and Public Interest Centre, Inc. said.
Why Protecting Environmental Defenders Matters
Environmental rights are inseparable from human rights. The landmark case of Oposa et al. v. Factoran et al.[2] emphasized the importance of the right to a balanced and healthful ecology. In the said case, the Supreme Court stated that:
While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation — aptly and fittingly stressed by the petitioners — the advancement of which may even be said to predate all governments and constitutions.
The Court also affirmed the duty of the State to protect the fundamental right to a healthy environment for future generations and gave a reminder that the right to a balanced and healthful ecology includes the duty to take care of the environment and to avoid doing acts that would harm or ruin it.
Environmental Human Rights at Stake
Environmental Human Rights Defenders (EHRDs) play a crucial role in these situations. By documenting damages, pursuing legal remedies, and mobilizing community support, they safeguard rights that extend beyond individual households to the collective well-being of society. Cases like this spotlight the urgent need to protect defenders from retaliation and ensure that development does not come at the expense of fundamental human rights.
When defenders are silenced, communities lose their voice in decisions that affect their land, water, and survival. Protecting EHRDs means protecting democracy, Indigenous rights, and the future of sustainable development.
The EHRDs are not just fighting for ecosystems; they are fighting for all of us. Their courage and determination ensure that future generations will inherit clean air, safe water, and thriving communities.
To protect the environment, we must first protect those who defend it. Upholding their rights is not optional; it is a moral and legal imperative.
[1] A.M. No. 09-6-8-SC.
[2] G.R. No. 101083, July 30, 1993.