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HUMAN RIGHTS LAW

TITLE:

DRUG WAR IN THE PHILIPPINES

INTRODUCTION:

President Rodrigo R. Duterte won the 2016 Philippines Presidential Election


and it had been known from his campaign that there would be a great change in
addressing the problems that the country is facing. Drug related problem is just one of
the many issues that the Government is combatting, but this gained a lot of different
opinions and reactions from the people and considered “hot potato” in this era.
Moreover, with all the accomplishments of the Government in relation to Labor,
OFWs, Peace Process, Agriculture, Reduction of Red Tape, Corruption and the like, it
seems that the whole nation focused primarily on this certain concern – the Drug War.

It is undeniable that almost all in Newspapers, Televisions, and Radio


Broadcasting and in all other forms of Media in the country highlight this most
controversial issue and where this drug war currently waged by Government has been
condemned locally and internationally for the numerous deaths brought about by
police operations of taking the lives of suspected individuals involved in illegal use
and trading of dangerous drugs.

The carrying out of the drug policy of the present administration is coupled
with a number of issues such as:

 Whether or not the drug war currently waged by the government


violates basic rights of the Filipino people particularly on the right to
live;
 Whether the state sanctions the extrajudicial killings; and
 Whether this drug war is the appropriate measure to end drug menace
in the Philippines.

DISCUSSIONS & CONCLUSION:

With all the extrajudicial killings that connected with drug war, it could be
said that the drug policy currently waged by the government violates the human rights
of the concerned individuals on the right to live. However, given that fact, it has to be
proven in competent court.

The Human Rights Watch (2018) reported that the Duterte administration’s
“war on drugs” has resulted in the deaths of thousands of mostly poor Filipinos.
Philippine Drug Enforcement Agency (PDEA) data indicates that police operations
resulted in the deaths of 3,906 suspected drug users and dealers from July 1, 2016 to
September 26, 2017. But unidentified gunmen have killed thousands more, bringing
the total death toll to more than 12,000.

The Citizen’s Council for Human Rights (CCHR) strongly condemns the
escalating number of suspected drug pushers and drug dependents who said to have
died either during the so-called legitimate police operations or at the hands of
unknown gunmen. It said that the Criminal Justice System provides safeguards to
protect suspected offenders and all citizens against arbitrary acts through
transparency, and checks and balances. That the arbitrary killing of suspects bypasses
this system altogether, infringes on fundamental due process tenets and denies people
the right to presumed innocent until proven guilty (Philippine Alliance of Human
Rights Advocates, 2016).

Disregarding this safeguard therefore, would endanger everyone in the country


as anyone can now be accused of any crime or involvement in illegal drugs and be
executed without having a chance to publicly defend himself in court. This means that
the right of Filipino for due process of law as provided in our Constitution is violated.

Reacting to human rights advocates, the Philippines Presidential Spokesman


Ernesto Abella said that "The truth is: Our justice system does not tolerate any state-
sponsored extrajudicial killings. All these accusations of extrajudicial killings and
circumventing police procedures should be proven in a competent court and if found
meritorious should result in appropriate sanctions against the perpetrators. Failing
these, such claims are mere hearsay" (Paterno Esmaquel II, Rappler, Sept. 29, 2017).

Furthermore, on December 8, 2016, the Senate Committee on Justice and


Human Rights issued a report stating that there was "no evidence sufficient to prove
that a Davao Death Squad exists", and "no proof that there is a state-sponsored policy
to commit killings to eradicate illegal drugs in the country" (Wikipedia).

From Abella’s statement and the Senate Committee’s report, evidence that the
state sanctions extrajudicial killings cannot either be established and therefore needs
further investigation. In here, clamor against extrajudicial killings related to drugs
signalled the needed attention by the United Nations and the International Criminal
Court (ICC).

In fact, in February 2018, the ICC announced a “preliminary examination”


into killings linked to the Philippine government’s “war on drugs”. Prosecutor
Bensouda said the court will “analyze crimes allegedly committed in the Philippines
since at least 1 July 2016” (Wikipedia).

Moreover, on June 19, 2018, thirty eight (38) members of the United Nations
Human Rights Council have urged the Philippine government to put an end to alleged
rights abuses in its bloody war on drugs and bow to strong calls for an external
investigation into the deadly campaign:
“We urge the government of the Philippines to take all necessary measures to
bring killings associated with the campaign against illegal drugs to an end and
cooperate with the international community to investigate all related deaths and hold
perpetrators accountable,”;
“While acknowledging that drug use in the Philippines is a serious problem,
actions to tackle drug abuse must be carried out in full respect of the rule of law and
compliance with international human rights obligations,” the UNHRC member-states
said in a joint statement delivered by Iceland (Ian Nicolas Cigara, Philstar.com, June
23, 2018).

In speeches made after his inauguration on June 30, 2016, President Duterte
urged citizens to kill suspected criminals and drug addicts and said he would order
police to adopt a shoot-to-kill suspected criminals and drug addicts, and would offer
them a bounty for dead suspects (Wikipedia). President Duterte argued that these
robust measures are necessary to prevent the country becoming a “narco-state” (The
Guardian). He then believed that this drug war is the appropriate measure to end drug
menace in the country.

If investigations resulted that the killings connected with drugs did not violate
any rights and it is done within the ambit of law, then we could say that the drug war
currently waged by the government is the appropriate measure to end drug menace in
the country.

-oOo-

References:

Nicolas Cigaral (philstar.com) - June 23, 2018,


https://www.philstar.com/headlines/2018/06/23/1827213/38-un-rights-council-
members-urge-philippines-stop-drug-war-deaths

Paterno Esmaquel II, September 29, 2017, https://www.rappler.com/nation/183755-


iceland-40-states-climate-impunity-killings-philippines-united-nations

Philippine Alliance on Human Rights Advocates, 2016,


https://philippinehumanrights.org/component/content/article/3.html

The Guardian, September 19, 2016


https://www.theguardian.com/world/2016/sep/19/philippine-president-rodrigo-
duterte-extend-drug-war-kill-them-all

Retrieved from https://en.wikipedia.org/wiki/Philippine_Drug_War. Retrieved July


10, 2018

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