AIDE MEMOIRE

Philippines’ Anti-Illegal Drug Campaign

9 September 2016

 

 

 

Background / Rationale behind the Philippine strong campaign against illegal drugs

 

• President Rodrigo R. Duterte was elected into office by a large number of Filipino people on a platform of urgently addressing criminality and peace and order.

• Responding to the following issues has become the priorities of his administration since it took office on 30 June 2016:

1. criminality in the streets and the prevalent, almost pandemic situation of use and sale of illegal drugs in all strata of Philippine society;
2. persistent corruption, both in the high and low echelons in government; and
3. lingering poverty and feeling of inequality by many Filipinos.

• In his State of the Nation Address on 30 June 2016, President Duterte said:

“There can never be real, tangible and felt development without making our people feel secure and it is our duty to uplift the people’s welfare.

With this, my administration shall be sensitive to the State’s obligations to promote, and protect, fulfill the human rights of our citizens, especially the poor, the marginalized and the vulnerable and social justice will be pursued, even as the rule of law shall at all times prevail.

My administration shall implement a human approach to development and governance, as we improve our people’s welfare in the areas of health, education, adequate food and housing, environmental preservation, and respect for culture.”

• With the President’s sheer political will, he brings to the awareness of the public the almost pandemic magnitude of the current illegal drug problem in the Philippines which has destroyed – and continues to destroy – the lives of millions of Filipinos. 

• Almost 4 million Filipinos are drug users nationwide; 27% of the barangays (villages) nationwide or 11,321 out of the country’s 42,065 barangays (villages) and 94 % or 11,611 barangays (villages) in Metro Manila[1], the country’s capital, are drug-afflicted.

• The illegal drug problem is strongly co-related to criminality in the country, and has an impact on the development and protection of Filipinos, especially the youth.  Heinous crimes that include rape with homicide, murder, kidnapping, armed assault, robbery and so on have been perpetuated by people and groups under the influence of illegal drugs, and have posed serious threats to the country’s peace, order, security, and development.

• Philippines’ young population is an asset of the Philippines and that for a country leveraging its growth prospects on its young population and youthful workforce, the drug infestation of Filipino communities is a very serious problem.

• The relentless campaign against illegal drugs is being waged by the Philippines in the context of this mandate, and with a view to protect Filipino communities from the scourge of drugs and to restore peace and order.

• His current 91% approval rating signifies the Filipino people’s support for leadership in the country’s campaign against illegal drugs.

Philippines’ unwavering commitment to human rights, the rule of law and due process

• The Philippine Government remains steadfast in its commitment to the rule of law, due process, and the protection of human rights of all. 

• Being a state party to eight (8) out of nine (9) core international human rights conventions, the Philippines’ utmost respect on human rights is resolute and uncompromising.  The Philippines has been a partner of the UN in its efforts to promote human rights in the promotion of key human rights issues such as women and children’s rights, rights of indigenous peoples, rights of migrant workers and their families, economic, social and cultural rights, civil and political rights, among others. 

• President Rodrigo Duterte administration’s campaign against anti-illegal drugs, a very urgent and critical domestic matter, is being waged with firm adherence to the human rights obligations and principles pursuant to the mandate of the Philippine Constitution and to the country’s obligations under the international human rights treaties and covenants to which it is a state party.

• President Duterte has time and again declared his avowed commitment to pursue this campaign against illegal drugs in accordance with the rule of law, implementation of due process, and respect for human rights. 

 

Philippine campaign against illegal drugs is not discriminatory

 

• Over the past few weeks, the fight against peddlers and users of illegal drugs has been without let-up.  And it has not spared or discriminated against any of the alleged guilty, a few of whom the President himself acknowledged as personally known to him. 

• Through intensified intelligence information sharing, heads and coddlers of drug syndicates have been identified by the President himself. The list included top-ranking officials in the Philippine Government, such as police generals, elected local and national public officials such congressmen, governors, mayors, and others, both active in or have since retired from government service.  Many, if not all of these personalities wield influence and power, possess arms or have armed bodyguards, and are part of the wide network that defines the illegal drug environment in the Philippines. President Duterte’s administration sees it as its obligation to put a stop to its proliferation.

• Chief of the Philippine National Police (PNP), Police Director General Ronald de la Rosa, reported that the 897 deaths, out of the 1,196 alleged in the Special Rapporteurs’ appeal letter, resulted from 569 anti-illegal drug enforcement operations by the police.

• Law enforcement authorities also suffered casualties. Thus far, 9 were killed and 18 were wounded among the police force and 3 were killed and 8 were wounded among the military.

• Aside from all-out campaign against drug lords, peddlers, and users, the PNP is also committed to running after rouge policemen who are involved in selling illegal drugs or receiving money from illegal drug transactions.

• A total of 85 police officers have so far tested positive in both initial and confirmatory drug tests, while three non-uniformed personnel (or civilian government employees) tested positive for the use of illegal drugs and substances.  A total of 111,572 uniformed personnel and civilian employees were already subjected to mandatory drug tests.

Law enforcement officers instructed to respect human rights and observe rule of law and due process

• Every police officer has been given instructions by no less than the President to observe due process and not to abuse their authority while going after suspected criminals, even at the risk of his or her life while on duty.  As public officials, they are reminded that they are expected to abide by legal procedures and strict operational protocols. 

• They were forewarned that the authorities would investigate violations of these protocols and those who have broken the law will be prosecuted. A case in point is the murder case filed against police officers that were seen on CCTV manhandling a man already in handcuffs and who was later found dead.

• President Dutertehas in fact urged civil rights organizations (NGOs and CSOs) to report any killings, which are not in accordance with his pronouncements on anti-illegal drugs campaign.  Also, PNP Chief Director General de la Rosa called on Filipino people to file complaints against police officers who might have erred and/or committed abuses in their performance of duty.

• The Philippines is among the most transparent and dynamic democratic societies as seen in the active public discussion on the campaign agenda for illegal drugs, as manifested in 1) the Philippine Senate hearings on the alleged extra-legal killings just weeks after the launch of the anti-illegal drug campaign, and 2) the active participation of the media and the civil society organizations, including the church/religious organizations in the public discourse on the issue. The democratic institutions ensure the check and balance and independence between and among the executive, legislative, and judicial branches of government.

Deaths resulting from law enforcement operations: not extrajudicial

 

• The deaths resulting from legal police operations are not extra judicial or arbitrary executions.  This is far from the truth.  The Philippine Government denounces and will not resort to extra judicial or arbitrary executions.

• The spike in the killings is a result of legitimate police operations against drug peddlers and those individuals involved in bringing into the country and/or manufacture and distribution of illegal drugs.

• As of 4 September 2016, the PNP data records a total of 14,798 arrests in anti-illegal drugs operations while 176 persons believed to be involved in summary executions and other forms of attacks on drug personalities were arrested.

 

“Vigilante” killings: not sanctioned

 

• There have been deaths that were committed outside police operations. These killings are believed to be a result of criminal actions and/or a result of so called “vigilante” killings, which the Government does not tolerate.  These killings are now being investigated, and the so-called “vigilantes” will be made accountable for their actions. 

Criminal syndicates internal purging: justice will be served

 

• There are likewise killings perpetrated by drug dealers or leaders of syndicates against their own henchmen for fear that the latter will tell on their activities.  The Philippine Government is enraged over this turn of events andhas taken measures to identify the brains behind these criminal acts, and is committed to put those people behind bars in accordance with due process and the rule of law.

 

Rehabilitation program support

• As of 4 September 2016, the PNP data records 685,740 drug users and peddlers surrendered to police authorities nationwide. 

• One of the major challenges in the newly organized integrated comprehensive drug rehabilitation program is the inadequate number of rehabilitation centers for the large number of surrenderees and detention centers for those who were arrested in the anti-illegal drug operations.

• The private sector in the Philippines, including the country’s top businessmen, have expressed willingness to donate funds for the construction of more rehabilitation centers to accommodate the growing number of Filipinos who wish to mend their ways and turn a new leaf in their lives.

 

Meeting with the Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution

• On 17 August, in the late afternoon, the Philippine Mission to the United Nations and Other International Organizations in Geneva received by email the letter of the two UN Special Rapporteurs (Ms. Agnes Callamard, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, and Mr. DainiusPuras, Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health).  The letter expressed concern on the rapidly rising number of killings by the police or “hitmen” in relation to the anti-drug campaign of President Rodrigo R. Duterte. The day after, on 18 August, the two Special Rapporteurs issued a press release, indicating, among others, that they are in contact with the Philippine government.

• On August 30, upon the request of the UN Special Rapporteur, Ambassador Cecilia B. Rebong, Permanent Representative of the Philippines to the United Nations and Other International Organizations in Geneva, met Ms. Agnes Callamard at the Philippine Mission in Geneva.

• In that meeting, Ambassador Rebong expressed the Philippines’ strong disappointment on the process of the issuance of the press release, which, in effect, denied the Philippines an opportunity to respond to the joint letter appeal and to present the situation.

• Furthermore, Ambassador Rebong affirmed the Philippine Government’s steadfast commitment to the promotion and protection of human rights of all, the rule of law, and the observance of due process in the country’s campaign against illegal drugs.   She also explained that the campaign is central to the agenda of President Rodrigo R. Duterte to restore peace and order in the country and protect the communities, especially the Philippines’ young population from the scourge of drugs and related crimes. 

Philippine request for global support for the campaign against illegal drugs

 

• The Philippines calls on all States and international organizations and agencies, including the UN to support the Philippine campaign against illegal drugs.  What the Philippines needs now is not just appreciation of the serious situation.  It needs support in the comprehensive campaign against illegal drugs including in the areas of law enforcement and enhanced infrastructure for the rehabilitation of drug users.

• The Philippines needs to be firm in its resolve so Filipinos can live in a society that is peaceful and progressive. END

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