LAW ON HUMAN RIGHTS

BALANCING HUMAN
RIGHTS WITH THE
DRUG WAR OF PRES.
RODRIGO DUTERTE :
AN ANALYSIS
SUBMITTED BY: MARC JERYL S. BOTIO
SUBMITTED TO: HON. JUDGE REGINA B. LAXA

TARLAC STATE UNIVERSITY- SCHOOL OF LAW

LAW ON HUMAN RIGHTS

TABLE OF CONTENTS
CHAPTER TITLE PAGE NO.

I. INTRODUCTION .................................................................... 1-2

II. REVIEW OF RELATED LITERATURE-LOCAL .......... 3-7

II. REVIEW OF RELATED LITERATURE-FOREIGN ..... 8-14

III. DISCUSSION/ ANALYSIS ................................................. 15-17

IV. CONCLUSION ....................................................................... 18

V. REFERENCES .......................................................................... 19

TARLAC STATE UNIVERSITY- SCHOOL OF LAW

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INTRODUCTION

The Philippine Drug War refers to the drug policy of the Philippine

government under President Rodrigo Duterte, who assumed office
on June 30, 2016. According to former  Philippine National
Police  Chief  Ronald dela Rosa, the policy is aimed at "the
neutralization of illegal drug personalities nationwide." Duterte
has urged members of the public to kill suspected criminals and
drug addicts. Research by media organizations and human rights
groups  has shown that police routinely execute unarmed drug
suspects and then plant guns and drugs as evidence. Philippine
authorities have denied misconduct by police. The policy has been
widely condemned locally and internationally for the number of
deaths resulting from police operations and allegations of
systematic  extrajudicial executions. The policy is supported by
the majority of the local population, as well as by leaders or
representatives of certain countries such as  China,  Japan  and
the United States. Estimates of the death toll vary. Officially, 5,104
"drug personalities" have been killed as of January 2019. News
organizations and human rights groups claim the death toll is over
12,000. The victims included 54 children in the first year.
Opposition senators claimed in 2018 that over 20,000 have been
killed.

In February 2018, the  International Criminal Court  in  The

Hague announced a "preliminary examination" into killings linked
to the Philippine Drug War since at least July 1, 2016.

At least 2,555 of the killings have been attributed to the Philippine

National Police. Duterte and other senior officials have instigated
and incited the killings in a campaign that could amount to crimes
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INTRODUCTION

against humanity. Human Rights Watch research has found that

police are falsifying evidence to justify the unlawful killings.
Despite growing calls for an investigation, Duterte has  vowed  to
continue the campaign.Large-scale extrajudicial violence as a
crime solution was a marker of Duterte’s 22-year tenure as mayor
of Davao City  and the cornerstone of his  presidential campaign.
On the eve of his May 9, 2016 election victory, Duterte told a crowd
of more than 300,000: “If I make it to the presidential palace I will
do just what I did as mayor. You drug pushers, holdup men, and do-
nothings, you better get out because I'll kill you.”

The human rights violations under President Rodrigo Duterte’s

anti-illegal drugs campaign have “reached the threshold of crimes
against humanity,” Amnesty International said.In its latest
report, “They Just Kill,” published on Monday, July 8, the human
rights group said the extrajudicial killings are “deliberate and
systematic” in nature and appear to be part of a “government-
orchestrated attack against poor people” allegedly involved in
illegal drugs.Duterte’s violent war on drugs has led to at least
6,000 suspected drug personalities killed in police operations.
Human rights groups meanwhile pegged the number at more than
20,000 including those killed vigilante-style. (READ: The Impunity
Series)There is already sufficient evidence to conclude that these
incidents constitute crimes against humanity, which are defined
as “widespread or systematic attacks directed against any civilian
population,” Amnesty International said.The report is the second
the group released on Duterte's drug war with its 2017 report
detailing stories of alleged police corruption and abuse.
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REVIEW OF RELATED LITERATURE | LOCAL LITERATURE

The Commission on Human Rights (CHR) urged the Philippine

government to see the United Nations resolution as an
opportunity to improve the human rights situation in the
country.In a statement welcoming the resolution, CHR called on
the government to "show that it genuinely adheres to Universal
values and standards by seeing this as a prospect to cooperate
closely with the international community in ensuring full respect
and compliance with the globally accepted norms of human
rights."

The UN Human Rights Council adopted an Iceland-initiated

resolution seeking several actions against the rising killings in the
country, including under President Rodrigo Duterte's war on
drugs.The resolution asked the UN rights chief Michelle Bachelet
to write a comprehensive report on the Philippine situation and
urged the government to fully cooperate and refrain from "from all
acts of intimidation or retaliation," among others.According to
CHR, it is high time for the Philippine government to go back and
change its previous position on independent investigations into
the drug war killings."We should also seriously review the current
misguided policy of refusing access to the Special Mechanisms on
Human Rights and instead consider extending a standing
invitation to all special rapporteurs and working groups," it said.

Duterte's violent war on drugs has led to at least 6,000 suspected

drug personalities killed in police operations, while human rights
groups pegged the number to reach more than 20,000 to include
those killed vigilante-style. A total of 18 out of 47 member-
countries backed the resolution while 14 countries opposed and 15
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abstained. The Philippine government threatened  the countries

that supported the resolution, warning them that"there will be
consequences, far-reaching ones."Human rights groups,
meanwhile, hailed the resolution and called it a first step towards
justice for victims.

PH drug war deaths a ‘matter of most serious concern,’ says UN

rights chief; PNP asserts anti-drug ops carried out 'judiciously.'

The Office of the United Nations High Commissioner for Human

Rights has said deaths in the Philippines' drug war is “a matter of
most serious concern” even as it acknowledged the “real numbers”
as reported by government officials.In the opening of the council’s
41st session on Monday, UN High Commissioner for Human Rights
Michelle Bachelet said in her  remarks  that they are closely
following the human rights situation in the Philippines due to the
“extraordinarily high number of deaths” in the government’s
crackdown on illegal drugs that started when President Rodrigo
Duterte assumed office in July 2016.“The extraordinarily high
number of deaths – and persistent reports of extrajudicial killings
– in the context of campaigns against drug use continue. Even the
officially confirmed number of 5,425 deaths would be a matter of
most serious concern for any country,” she said.The UN rights
chief in March said that up to 27,000 people may have been killed
in the widely-condemned anti-drug campaign, with no one
brought to justice except in  one high-profile case.The Philippine
National Police (PNP) reported on June 18 that the total number
drug personalities killed in police anti-drug operations operations
from July 2016 to May this year was at 6,600.
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Over 6,000 killed in nearly 3 years of PH drug war: PNP. The PNP,
meanwhile, welcomed the UN rights body's "acknowledgement of
the real numbers in the anti-illegal drugs campaign.” “As we have
explained, the varying numbers reported to UNHCHR by the
special rapporteurs and its other sources were not consistent with
truth. Their bloated figures don’t add up and cannot support any
further need of the UN body to see the true and accurate picture of
the Philippines’ lonely crusade against the global problem of
illegal drugs,” PNP spokesperson Col. Bernard Banac said in a
statement.

Police have consistently denied involvement in extra-judicial

killings, asserting that their operations have been “judiciously
conducted within the ambit of regular police procedures.”The PNP
has repeatedly said those slain in drug operations had violently
resisted arrest.

Bachelet called for investigation on the deaths to prove their

claim.“There should also be comprehensive and transparent
information from the authorities on the circumstances around the
deaths, and investigations related to allegations of violations.
These could dispel any false allegations and help regain trust for
the authorities.”. Bachelet also noted that there have been cases
of intimidation against people who oppose the government’s
policies.“Human rights defenders, including activists for land
rights and the rights of indigenous peoples; journalists; lawyers;
members of the Catholic clergy; and others who have spoken out –
notably the Special Rapporteur on the rights of indigenous
peoples.
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– have received threats, sometimes publicly, from senior

Government officials. This creates a very real risk of violence
against them, and undermines rule of law, as well as the right to
freedom of expression,”

NOT A MATTER OF NUMBER

Rights group Karapatan said the PNP’s statement shows a “very

low regard for human life” for supposedly downplaying the number
of deaths, even if it is far fewer compared to what rights advocates
report.“I don’t know if the Philippine National Police are in their
right minds. Whether that’s 5,000 or 30,000, there must be an
independent and thorough investigation on the issue of
extrajudicial killings,” Cristina Palabay, Karapatan secretary-
general.

The UN’s acknowledgement of the government’s “real numbers” is

no feat, saying any death is one too many. Even if the numbers are
even 5, no? Whether it’s 1 or 1,000 or 100,000, the point is the
government is not doing anything about it and it’s continuing its
deadly campaign. Banac, on the PNP’s part, insisted that they
respect human rights and their operations have been above board,
based on lawful orders.

Human rights is perfectly in place, exercised and protected in the

Philippines in accordance with the constitution. Respect for
human rights is deeply embedded in all police systems and
procedures as a matter of organizational policy. If at all any
irregularity had been found, these were immediately investigated
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and corrected with punitive action against the errant police

personnel.”The National Union of Peoples' Lawyers (NUPL),
meanwhile, "wholeheartedly" welcomed Bachelet's statement,
citing how its "tenor and tone apparently reflect the desired
credibility, objectivity, transparency and fairness on the
matter.""It does not only underscore the urgency and imperative of
squarely and decisively addressing the issue and concerns about
these horrendous extrajudicial killings but also other brazen
human rights violations," NUPL president Edre Olalia. Many of
these transgressions are disguised or legitimized by color of
legality and official sanction including those against lawyers
under attack.
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Philippines: ‘Drug War’ Devastates Children’s Lives

Kids Suffer in President Duterte’s Brutal Campaign

Geneva) – The Philippine government’s brutal “war on drugs” has

devastated the lives of countless children, Human Rights Watch
said today in a  new web feature. The United Nations Human
Rights Council, whose  41st session  began on June 24, 2019, in
Geneva, should adopt the resolution initiated by Iceland that asks
the Office of the High Commissioner for Human Rights to report on
the Philippines’ “drug war” and human rights crisis.

The web feature,  “Collateral Damage: The Children of Duterte’s

‘War on Drugs,’”  shares stories on the plight of several children
who have suffered from the emotional, psychological, and
economic impacts of the “drug war” violence. The administration
of President Rodrigo Duterte should not only end the violence but
provide the necessary services to mitigate the damage that abuses
by the  police  and  police-backed vigilantes  have caused children
who have lost parents and other family members, or witnessed
extrajudicial killings.

“No child should experience the loss of a parent or other family

member to extrajudicial killings or witness such horrific violence
at the hands of police or hitmen,” said  Carlos Conde, Philippines
researcher. “The toll of the Philippines’ ‘drug war’ does not end
with the killing of a drug suspect, but may extend to their children,
often completely destroying families.”By the government’s own
admission, more than  6,600 people  have been killed since the
“drug war” began after Duterte’s election three years ago. Other
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estimates are much higher. Children have been among those who

died during police operations, either directly targeted or
inadvertently shot by the police.“Jennifer,” one of the children
interviewed by Human Rights Watch, was 11 years old when police
shot her father dead. She has since had difficulty eating, become
withdrawn, and for a while stopped going to school.“Kyle,” age 5,
developed aggressive behavior after assailants murdered his
father.

Three other children interviewed by Human Rights Watch ended

up living in the streets because nobody could take care of them.
Most victims of the “drug war”  come from poor families  in
impoverished urban areas in Manila and other cities across the
Philippines.“The tragic stories of children victimized by the
Philippines’ ‘drug war’ should energize the UN Human Rights
Council to bolster efforts to put an end to the killings,” Conde said.
“The Philippine government needs to be held accountable for the
suffering of these children.”

Since becoming president of the Philippines in June 2016, Rodrigo

Duterte has launched a war on drugs that has resulted in the
extrajudicial deaths of thousands of alleged drug dealers and
users across the country. The Philippine president sees drug
dealing and addiction as “major obstacles to the Philippines’
economic and social progress,” says John Gershman, an expert on
Philippine politics. The drug war is a cornerstone of Duterte’s
domestic policy and represents the extension of policies he’d
implemented earlier in his political career as the mayor of the city
of Davao. In December 2016, the United States withheld poverty
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aid to the Philippines after declaring concern over Duterte’s war

on drugs.

When Rodrigo Duterte campaigned for president, he claimed that

drug dealing and drug addiction were major obstacles to the
Philippines’ economic and social progress. He promised a large-
scale crackdown on dealers and addicts, similar to the crackdown
that he engaged in when he was mayor of Davao, one of the
Philippines’ largest cities on the southern island of Mindanao.

When Duterte became president in June, he encouraged the public

to  “go ahead and kill”  drug addicts. His rhetoric has been widely
understood as an endorsement of extrajudicial killings, as it has
created conditions for people to feel that it’s appropriate to kill
drug users and dealers. What have followed seem to be vigilante
attacks against alleged or suspected drug dealers and drug
addicts. The police are engaged in large-scale sweeps. The
Philippine National Police also revealed a list of high-level
political officials and other influential people who were allegedly
involved in the drug trade.

The dominant drug in the Philippines is a variant of

methamphetamine called shabu. According to a  2012 United
Nations report, among all the countries in East Asia, the
Philippines had the highest rate of methamphetamine abuse.
Estimates showed that about 2.2 percent of Filipinos between the
ages of sixteen and sixty-four were using methamphetamines, and
that methamphetamines and marijuana were the primary drugs of
choice. In 2015, the national drug enforcement agency reported
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that  one fifth  of the barangays, the smallest administrative

division in the Philippines, had evidence of drug use, drug
trafficking, or drug manufacturing; in Manila, the capital, 92
percent of the barangays had yielded such evidence.

How would you describe Duterte’s leadership as the mayor of

Davao?

After the collapse of the Ferdinand Marcos dictatorship, there

were high levels of crime in Davao and Duterte cracked down on
crime associated with drugs and criminality more generally. There
was  early criticism  of his time as mayor by Philippine and
international human rights groups because of his de facto
endorsement of extrajudicial killings, under the auspices of the
“Davao Death Squad.”

Duterte was also successful at negotiating with the Philippine

Communist Party. He was seen broadly as sympathetic to their
concerns about poverty, inequality, and housing, and pursued a
reasonably robust anti-poverty agenda while he was mayor. He
was interested in public health, launching the first legislation
against public smoking in the Philippines, which he has claimed he
will launch nationally.What have been the outcomes of the drug
war?By early December, nearly 6,000 people had been killed: about
2,100 have died in police operations and the remainder in what are
called “deaths under investigation,” which is shorthand for
vigilante killings. There are also  claims  that half a million to
seven hundred thousand people have surrendered themselves to
the police. More than 40,000 people have been arrested.
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Although human rights organizations and political leaders have

spoken out against the crackdown, Duterte has been relatively
successful at not having the legislature engaged in any serious
oversight of or investigation into this war. Philippine Senator Leila
de Lima, former chairperson of the Philippine Commission on
Human Rights and a former secretary of justice under the previous
administration, had condemned the war on drugs and held
hearings on human rights violations associated with these
extrajudicial killings. However, in August, Duterte alleged that he
had evidence of de Lima having an affair with her driver, who had
been using drugs and collecting drug protection money when de
Lima was the justice secretary. De Lima was later removed from
her position chairing the investigative committee in a 16-4 vote by
elected members of the Senate committee.

What is the public reaction to the drug war?

The war on drugs has received a high level of popular support from
across the class spectrum in the Philippines. The most recent
nationwide survey on presidential performance and trust ratings
conducted from September 25 to October 1 by Pulse Asia
Research  showed  that Duterte’s approval rating was around 86
percent. Even through some people are concerned about these
deaths, they support him as a president for his position on other
issues. For example, he has a relatively progressive economic
agenda, with a focus on economic inequality. Duterte is also
supporting a range of anti-poverty programs and policies. The
most recent World Bank quarterly report speaks positively about
Duterte’s economic plans. The fact that he wants to work on issues
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of social inequality and economic inequality makes people not

perceive the drug war as a war on the poor.How is Duterte
succeeding in carrying out this war on drugs?The Philippine
judicial system is very slow and perceived as corrupt, enabling
Duterte to act proactively and address the issue of drugs in a non-
constructive way with widespread violations of human rights.
Moreover, in the face of a corrupt, elite-dominated political
system and a slow, ineffective, and equally corrupt judicial
system, people are willing to tolerate this politician who promised
something and is now delivering.

There are no trials, so there is no evidence that the people being

killed are in fact drug dealers or drug addicts. [This situation]
shows the weakness of human rights institutions and discourse in
the face of a popular and skilled populist leader. It is different from
college students being arrested under the Marcos regime or
activists being targeted under the first Aquino administration,
when popular outcry was aroused. Drug dealers and drug addicts
are a stigmatized group, and stigmatized groups always have
difficulty gaining political support for the defense of their rights.

How has the United States reacted to the drug war and why is
Duterte challenging U.S.-Philippines relations?It’s never been a
genuine partnership. It’s always been a relationship dominated by
U.S. interests. Growing up in the 1960s, Duterte lived through a
period when the United States firmly supported a regime that was
even more brutal than this particular regime and was willing to
not criticize that particular government. He noticed that the
United States was willing to overlook human rights violations
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when these violations served their geopolitical interests. He was

unhappy about the double standards. [Editor’s Note: The Obama
administration has expressed concern over reports of
extrajudicial killings and encouraged Manila to abide by its
international human rights obligations.] For the first time, the
United States is facing someone who is willing to challenge this
historically imbalanced relationship. It is unclear what might
happen to the relationship under the administration of Donald J.
Trump, but initial indications are that it may not focus on human
rights in the Philippines. President-Elect Trump has reportedly
endorsed the Philippine president’s effort, allegedly saying that
the country is going about the drug war "the right way," according
to Duterte.
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DISCUSSION | ANALYSIS

TIPPING THE SCALES OF JUSTICE by MARC JERYL BOTIO

Upon reviewing many of the related literature in both local and

foreign articles, I have set the scale of justice in two sides: the
pretty, and the ugly. Let the left side be the pretty one, and the
other, the ugly.

President Rodrigo Duterte's program-- War on Drugs have been a

hot topic since he assumed office, and my takes as a Filipino
Citizen, as a Catholic who grew up in a Catholic school, as a law
student, and as a human being are equal and just.

On the pretty side of the scale, his aforementioned program, to his

credit in his governance, the Philippines' big drug trade in the
global industry had been unveiled, including his rightful
identification of politicians involved in the protection of global dug
trade. Yes, it is but a shame that Philippines was tagged as the
trans-shipment point of global drug enterprise, which also
uncovered the approximate 1.8 million drug users in the country to
date, but such an achievement to the program is not a ticket to be
of approval.

Duterte’s attention on drugs has also brought health officials to

consider rehabilitation services and open targeted and sustained
community-based management system. Through his
spearheading, drug use had been raised as a “public health
concern." Although the fruits of his labor was not highly deemed
and realized, the Philippine government agencies had treated
drugs in a more comprehensive manner.
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DISCUSSION | ANALYSIS

Now, let us tip the scale. While the left side has presented the
bright side, it is but undoubtful that the other is a reservoir of the
plenty dark ones. Let us not turn a blind eye on these.

The Philippine government's way of communicating the drug

battle to the general public indubitably perpetuates a number of
misconceptions that subverts efforts to remedy the drug problem
in an effective and sustainable manner. Duterte generalizes all
kinds of drug users, including just the probable ones - pushers,
frequent users, occasional users, habitual users, their dependents
- aggregating all of them as perpetrators of violence, despite
evidence that there is just a small fraction of "possibility." He has
also made out-and-loud actions to see "suspects" killed rather
than jailed, sometimes with very little supporting evidence of their
involvement in drugs without due process of law.

Aside from his sincere purpose (if any) to kill the drug trade in the
country, it cannot be kept under the rags of secrecy that he may
be using such tactics to silent the public, especially those who
dissent in his administration and governance.

Obviously, Duterte and his iron-fist approach have been taking

the toll. His aggressive deployment of state forces in anti-drug
operations around the country is quite evident to that. While the
police force, in their operations, claim that their killings are legal,
it is never safe to say that their mere presumptions would justify
the ends, for in the Philippine legal system, it is too vivid and clear
that one is presumed innocent until proven guilty. While there are
a few "big names" involved, it cannot conceal the fact that most of
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DISCUSSION | ANALYSIS

them have come from the communities of the less-privileged ones.

Taking the scale further, reports have it that there are a lot of
"staging scenes" happening-- where planting of drugs and guns/
arms take place, and those equally concern impunity and
violence, a "culture" that undermines the rule of law of the
Philippines.

The Duterte administration may want to review the tender

approach similar to that of Bogo City in Cebu, where it was tagged
as a drug-free city with zero death record through the cooperation
of various sectors and community-based management system
concerning rehabilitation programs. That way, extra-judicial
killings will no longer live and foster.
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CONCLUSION

Having read and reviewed all related literature on my paper, I

then conclude that President Duterte's campaign on drugs has
seriously raised the red flag.

Based on my personal write-up on the preceding pages, "Tipping

the Scales of Justice," it is in-no-doubt evident that I strongly
stand on my dissent in his manner of implementing his program.

As a law student, his purpose is well and healthy, but his ways are
in no position under the Philippine Law. As the proverbial goes,
"Then end does not justify the means."

As a catholic breed, I am sturdy in my learning that bad

methodology undermines good theology, which only means that
what is evil is evil, and what is proper is proper in the truest sense
of the words.

As an individual, the absence of good is the presence of evil, and

we, as humans, are generally good in all aspects. Our goodness
may be sustained should we not allow any evil act or thought to
successfully thrive and triumph over us.

I therefore conclude that President Duterte's War on Drugs is

improper and offensive both in the eyes of the law and in the eyes
of  God.

I just tipped the scales of justice, and the ugly side is of heavier
weight; hence, my conclusion.
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REFERENCES

WIKIPEDIA | ONLINE ENCYCLOPEDIA

https://en.wikipedia.org/wiki/Philippine_Drug_War

HUMAN RIGHTS WEBSITE

https://www.hrw.org/tag/philippines-war-drugs

https://www.hrw.org/news/2019/06/27/philippines-drug-war-
devastates-childrens-lives

RAPPLER NEWS

https://www.rappler.com/nation/235212-commission-human-
rights-reaction-un-resolution-against-drug-war-killings

ABS-CBN OFFICIAL NEWS SITE

https://news.abs-cbn.com/news/06/25/19/ph-drug-war-deaths-
a-matter-of-most-serious-concern-says-un-rights-chief

COUNCIL ON FOREIGN RELATIONS

https://www.cfr.org/interview/human-rights-and-dutertes-war-
drugs

GUARDIAN'S U.S. EDITION

https://www.theguardian.com/world/2019/jul/18/philippines-
rodrigo-duterte-war-on-drugs-catholic-church