In Dialogue with the Philippines, Experts of the Human Rights Committee Commend Efforts to Support Internally Displaced Persons , Raise Issues Concerning Extrajudicial Killings and Prison Overcrowding
The Human Rights Committee this morning concluded its consideration of the fifth periodic report of the Philippines on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending efforts to support internally displaced persons, and raising issues concerning extrajudicial killings and prison overcrowding.
A Committee Expert commended the State party’s extensive efforts to address the situation of internally displaced persons. The Expert noted large cash grants, as well as re-settlement programmes, support and relief services, and targeted interventions for women and children. When would the Marawi Compensation Board be established? Why had locals and affected residents not been involved in decisions regarding reconstruction projects? Would the State party discontinue the practice of indiscriminate bombing in certain areas?
One Committee Expert noted that extrajudicial killings occurred overwhelmingly as part of former President Duterte’s “war on drugs”. The Philippines News Agency had reported over 6,000 deaths. How was tolerating and promoting shoot to kill orders by Government and law enforcement officials consistent with the Philippines’ obligations to protect the right to life? Only one killing had been resolved in court between 2016 and 2020. Why had there been so few investigations and convictions?
Another Committee Expert said that several reports indicated that overcrowding in prisons and other detention centres was still a severe problem in the Philippines. Prisons operated by the Bureau of Jail Management and Penology had exceeded their capacity by 403 per cent. Seven out of 10 detainees were faced with drug-related charges. What further measures could be implemented to tackle prison overcrowding?
On compensation for internally displaced persons, the delegation said that the Marawi Victims Compensation Act provided for a five-year timeline for the implementation of its provisions. The State had been engaging with civil society organizations active in reconstruction efforts. The State conducted military operations to support residents to return to their homes. Displacement was caused by extremist violence.
Jesus Crispin Remulla, Secretary of Justice of the Philippines and head of the delegation, said anti-drug policies introduced by former President Rodrigo Duterte adhered to international standards. The Philippine Drug Enforcement Agency enforced the anti-illegal drug campaign in a human rights-based manner, ensuring transparency and accountability in operations, including using body-worn cameras during all overt anti-illegal drug operations.
Further on the issue of extrajudicial killings, the delegation said that there was no policy on killing people in the Philippines. Allegations of extrajudicial killings were very serious. Many cases of unlawful death had been investigated, and a mechanism “AO35” had been developed for investigating such cases.
Regarding prison overcrowding, the delegation said that it was implementing reforms to address the problem. It aimed to build 14 new prisons across the State and bring individual prison populations down to reasonable levels, and to transfer perpetrators of serious crimes to a new maximum security prison. The State was also considering introducing crowdsourcing for bail payments and reducing bail charges.
In concluding remarks, Mr. Crispin Remulla thanked the Committee for the dialogue and its concern regarding the situation in the Philippines. The State was trying to reform the justice system to ensure that respect for human rights was at its centre. Mr. Crispin Remulla expressed hope that, through future dialogues, the State party and the Committee could continue to work together to promote human rights in the Philippines.
Photini Pazartzis, Committee Chairperson, in concluding remarks, said that the dialogue had been full and frank. The Committee welcomed the commitment of the delegation to promoting human rights. Reprisals against lawyers and journalists were causes for concern, she said, and although killings were not policies of the State, they were challenges that the State should address. Drug issues should be addressed in a way that protected the human rights of all citizens. Ms. Pazartzis expressed hope that the State would not reinstate the death penalty.
The delegation of the Philippines was made up of representatives of the Department of Justice; Department of Foreign Affairs; the Presidential Human Rights Committee Secretariat; Executive Secretariat; Philippine National Police; Philippine National Office; Office of the Court Administrator; Philippine Drug Enforcement Agency; Dangerous Drugs Board; Supreme Court; and the Permanent Mission of the Philippines to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-sixth session is being held from 10 October to 4 November. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage . Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m., Tuesday 11 October to begin its consideration of the fifth periodic report of the Kyrgyzstan (CCPR/C/KGZ/3).
Report
The Committee has before it the fifth periodic report of the Philippines (CCPR/C/PHL/5).
Presentation of the Report
JESUS CRISPIN REMULLA, Secretary of Justice of the Philippines and head of the delegation, said the Department of Justice had been implementing new measures and reforms of justice mechanisms and processes, putting emphasis on inclusivity and social justice. These included decongesting jails; strengthening coordination between prosecutors and law enforcement to streamline investigative processes; pursuing the objectives of the Department’s Review Panel on cases of deaths arising from the anti-illegal drug campaign; strengthening the witness protection programme; strengthening rehabilitation, prevention, education and assistance programmes for drug victims and their families; and furthering the State’s commitment to the United Nations Joint Programme on Human Rights.
Over 10 million of the 120 million Filipinos lived and worked overseas. At least one million Filipinos migrated for employment every year. Their continued protection was assured by the newly created Department of Migrant Workers. The Inter-Agency Council against Trafficking continued to protect the rights of Filipino migrant workers and victims of human trafficking, especially of women and children.
Anti-drug policies introduced by former President Rodrigo Duterte adhered to international standards, said Mr. Crispin Remulla. The Philippine Drug Enforcement Agency enforced the anti-illegal drug campaign in a human rights-based manner, ensuring transparency and accountability in operations, including using body-worn cameras during all overt anti-illegal drug operations.
In 2019, the Supreme Court issued the Revised Rule on Children in Conflict with the Law, which ensured that the justice system treated each child in conflict with the law in a manner that recognised and upheld their human dignity and worth.
The work of the Inter-Agency Council on Violence against Women and their Children had enabled accountability mechanisms to act on 13,538 cases out of 21,458 incidents reported from 2021 until September this year. The National Police had registered a total of 71 facilities for protecting women and children nationwide.
In response to the global challenge of trafficking in persons, the Government of the Philippines recently launched an aggressive campaign leading to 103 convictions in 2021, 42 of which were cases of online sexual exploitation of children.
The Government had begun reform work and would be faithful to complete it. It would undertake real reforms which were beneficial and necessary for society to flourish. It called on human rights defenders to join the State’s progressive and relentless efforts to advance human rights.
Questions by Committee Experts
A Committee Expert said that the Committee had noted violations since the last periodic review, such as extrajudicial killings, and attacks on human rights defenders and Government critics. Recommendations arising from the dialogue could inform and facilitate the new Government in fulfilling its legal obligations under the Covenant.
The Philippines had formulated a national action plan on human rights in 1996. Why had no update been developed since then? Would the State consult with civil society on such a plan? What was being done to raise awareness about human rights? Many human rights bills, such as the Human Rights Defenders Bill, Sexual Orientation and Gender Identity and Expression Bill, and the Comprehensive Anti-Discrimination Bill, were still pending. When would these be enacted?
There had been no follow-up procedures implementing Committee Views. The Committee had found violations in 15 cases from the Philippines. Many cases concerned the right to life, including arbitrary executions by army officers. How was the State ensuring that such violations did not recur? How and when would effective remedies be provided in all 15 cases? When did the State party intend to establish a follow-up procedure?
Former President Duterte reportedly threatened violence and verbally attacked international officials, including former United Nations Special Rapporteur on Extrajudicial Killings, Agnes Callamard, and former International Criminal Court Prosecutor, Fatou Bensouda. How would the new Government ensure international officials were respected, and when would apologies be issued?
Extrajudicial killings occurred overwhelmingly as part of former President Duterte’s “war on drugs”. How was tolerating and promoting shoot to kill orders by Government and law enforcement officials consistent with the Philippines’ obligations to protect the right to life? The Philippines News Agency had reported over 6,000 deaths. During President Marcos Jr.’s administration there had already been a 78.5 per cent increase in extrajudicial killings from the previous six months. Only one killing had been resolved in court between 2016 and 2020. Why had there been so few investigations and convictions?
The police justified killings, claiming self-defence. How would the State ensure that police forces in the Philippines were properly trained to respond appropriately and comply with the United Nations Code of Conduct for Law Enforcement? What punishments would be issued for officers who violated human rights standards?
When would the State party end the use of drug watch lists, which were reportedly largely based on unsubstantiated information? How would it educate and rehabilitate alleged drug offenders? Was medical treatment provided?
How did the police identify and investigate vigilante groups involved in extrajudicial killings and how did action taken in this regard conform with the Covenant? Officials involved in extrajudicial killings were reportedly rewarded. How and when would the new Government stop the practice of impunity and rewards to police involved in extrajudicial killings? Would independent oversight of body camera footage be implemented to ensure police personnel were protecting human rights?
Another Committee Expert said that reports indicated that the financial resources allocated to the Commission on Human Rights of the Philippines remained insufficient to meet its workload towards addressing alleged serious human rights violations. When would the Charter Bill be passed to allow the Commission to be able to effectively and independently discharge its mandate in full accordance with the Paris Principles? Intimidation and harmful rhetoric by Senators in parliament and on social media undermined the effective functioning and independence of the Commission. What measures were in place to stop such intimidation?
The report detailed several measures taken to address the serious problem of overcrowding in prisons. However, several reports indicated that overcrowding in prisons and other detention centres was still a severe problem in the State party. Prisons operated by the Bureau of Jail Management and Penology had exceeded their capacity by 403 per cent. Seven out of 10 detainees were faced with drug-related charges. What further measures could be implemented to tackle prison overcrowding?
Efforts to improve conditions of detention were well-noted. However, several reports indicated that poor conditions of incarceration were still prevalent in detention centres. Many jails did not meet the United Nations Standard Minimum Rules for the Treatment of Prisoners. In 2019, more than 450 inmates who were under policy custody died, including eight deaths due to dehydration. The situation inside prisons had become worse as a result of the COVID-19 pandemic. What measures had the State party taken to prevent future deaths in custody?
Another Committee Expert said that, although declining in recent years, corruption remained widespread in the Philippines, with the State ranked 117th out of 180 countries by Transparency International. The State party had created a national emergency number for reporting corruption in 2016, and a presidential commission to fight corruption in 2017. Were these measures sufficient to curb corruption and reprisals against whistle blowers?
Police action against terrorist groups and guerrillas, conflicts with indigenous peoples and the “war on drugs” had given rise to serious violations of human rights. The Committee on Claims for Compensation for Victims of Human Rights Violations had received claims for compensation from 11,103 victims of human rights violations. What protections did the Committee provide? What efforts had been made to establish a transitional justice mechanism to address the grievances of the Bangsamoro people and indigenous peoples?
The 2020 Anti-Terrorism Act had been widely denounced because it was likely to provoke abuses against human rights and violations by the State. This law was incompatible with the Covenant, especially its extremely wide definition of terrorism. The Expert called on the State party to repeal provisions of the Anti-Terrorism Act, including provisions allowing for arbitrary detention, and significantly amend the law to ensure that it was in conformity with international human rights law and standards.
The State had introduced positive measures regarding reproductive health.
However, during the COVID-19 pandemic, there had been a dramatic increase in deaths from abortive pregnancies, partly caused by hospital overcrowding affecting access to health care. More than half of deaths occurred at home. How did legislation contribute to preventing such deaths? What progress had been made to decriminalise abortion? What measures were in place to increase the capacity of healthcare facilities and the budget for primary care facilities and hospitals? What measures had been taken to stop the spread of sexually transmitted infections?
One Committee Expert said that there was a lack of comprehensive anti-discrimination legislation in the Philippines. Were there any plans to adopt such legislation? What mechanisms were in place to identify discriminatory practices and provide remedies to victims?
Why had three female members of the judiciary who were critics of the Duterte administration been dismissed, while male members who had committed malfeasance in the performance of their duties had not been dismissed? What measures were in place to encourage the participation of women in public and private sectors?
What measures had the State party taken to investigate and end practices of shackling persons with psychosocial disabilities in confined places for long periods, and to conduct public information campaigns to raise awareness and de-stigmatise the situation of persons with disabilities?
What measures were in place to address discriminatory practices against Muslims, including discrimination in employment?
One United Nations field office had recorded 197 cases of torture between January 2016 and September 2019 in the Philippines. What mechanisms existed to receive reports and accounts of torture? Why had the findings of the United Nations Sub-Committee on the Prevention of Torture from its 2015 visit not been made public? What criminal trials relating to torture were underway? How many dismissals of Government officials had been issued for torture of suspects and detainees? How many investigations had been conducted under the Anti-Torture Act?
Another Committee Expert urged the delegation to provide the number of reported cases, prosecutions and convictions concerning all forms of violence against women, and the sentences imposed on the perpetrators, during the reporting period. Fewer cases of violence had been recorded during the pandemic. Was this a result of underreporting caused by lockdown measures? What measures were in place to promote access to reporting mechanisms?
Did the Family Code allow for filing for dissolution of marriages on the ground of domestic or marital abuse?
The Expert welcomed efforts made by the State party to mitigate and adapt to the effects of climate change and environmental degradation. Climate change and extreme weather events continued to seriously threaten the enjoyment of the right to life in the Philippines. What measures had been undertaken to follow up on the recommendations by the Commission on Human Rights regarding climate change actions, particularly with respect to enacting laws imposing legal liabilities for corporate or business-related human rights abuses?
Responses by the Delegation
The delegation said the implementation of legislation was the providence of congress, not the Department of Justice. The Department of Justice was advocating that the death penalty was not an effective deterrent.
There had been three national action plans on human rights implemented since 1996, developed with civil society and various Government organizations. A fourth plan was now being developed.
The State party did not deny that there was high overcrowding in prisons in some areas. It was implementing reforms to address the problem. It aimed to build 14 new prisons across the State and bring individual prison populations down to reasonable levels, and to transfer perpetrators of serious crimes to the new maximum-security prison.
Industrial action was excluded as an act of terrorism under the Anti-Terrorism Act. The period of pre-trial detention for terrorism suspects was short compared to other States in Asia. Efforts were being made by the police to inform the public about the provisions of the Anti-Terrorism Act.
A law strengthening regional transitional justice and creating a regional human rights commission in Mindanao had been drafted. Conflict had continued in this region for several years. The Government aimed to support this region to rebuild through this legislation.
The Senate would continue to debate the ratification of the Convention on Enforced Disappearance. A domestic law had been passed on enforced disappearance. Concerns had been raised regarding potential abuse of the communication procedure of this treaty body.
The claim that there had been a large increase in extrajudicial killings under the new administration was very disturbing. What was the source of this information? Every effort was being taken to ensure that investigations of torture were transparent.
The anti-drug campaign under the new President focused on prevention and rehabilitation. Under this campaign, drug dependency examinations were carried out, and persons with high dependency were referred to in-patient rehabilitation services. The State intended to strengthen voluntary, community-based prevention measures, especially for persons with low drug dependency.
The Ombudsman was independent of the Government. Statements of assets, liabilities and net worth were released by the Ombudsman only when requested by a court order. This measure was in place to prevent financial exploitation of persons in Government.
The Commission on Human Rights of the Philippines continued to enjoy “A” status, and was fully compliant with the Paris Principles. Its budget had been consistently increased since 2015 up to 2021. This year, its budget was lowered in line with budget cuts implemented across all departments to address debts incurred during the pandemic. Two bills had been drafted to strengthen and expand the powers of the Commission, and these were currently being considered in Parliament.
The Women and Children Protection Centre investigated discrimination of lesbian, gay, bisexual, transgender and intersex persons. Law enforcers were trained in gender sensitive and child-friendly investigation techniques. Regional desks and social media platforms received reports of violence against women and children. Victims had the right to choose whether to pursue their case in courts. Many victims chose not to pursue cases out of concern of the impact on their children.
The former Chief Justice of the Supreme Court had been removed from office by her own peers, not because of her gender. Two female senators had not been removed from office because of their gender, but because the public had lost confidence in them. One of these women was in jail for drug crimes.
The Indigenous Peoples’ Rights Act legally recognised the rights of indigenous persons. The Philippines had granted more than 5.7 million hectares in ancestral domain titles to more than 700,000 indigenous peoples under this law. Regional administrative bodies were required under this law to include indigenous representatives.
The Philippines had more than 500 independent media outlets. The Government operated only 34 media outlets. Bloggers and commentators were able to comment on issues freely.
Follow-Up Questions by Committee Experts
A Committee Expert said the Committee recognised that there were three distinct branches of Government in the State, but clarified that the Committee reviewed States as a whole.
A Committee Expert applauded the gender-balanced delegation. Were there black people in the Philippines? What measures were in place to mainstream their plight?
Another Committee Expert asked for more information on the process for appointing members of the Commission on Human Rights and guaranteeing their independence.
One Committee Expert said that despite rights to land, indigenous peoples faced significant barriers to accessing social services such as health and education. Why was this? The Expert called for more information on why certain draft legislation had been delayed for several years.
What were some examples of court cases held regarding extrajudicial killings? What investigations had been carried out under the Anti-Torture Act?
A Committee Expert asked about cases of prosecution of women who carried out abortions.
Another Committee Expert asked why the State party considered that the Committee on Enforced Disappearance’s communications procedure could be abused.
Responses by the Delegation
The delegation said that the Subcommittee on Access to Justice continued to perform its functions on disability affairs. It had developed draft national standards on sign language, conducted training for public attorneys and prosecutors on the rights of persons with disabilities, and issued statements condemning discrimination of persons with disabilities on social media. It had also worked to create an inter-ministerial committee responsible for promoting disability perspectives in policy.
For the next dialogue, the Philippines would include a member of parliament to answer questions on the progress of passing legislation.
The State undertook activities to ensure that indigenous peoples had access to health care and education, including “health caravans”, regional health plans, scholarships for indigenous persons, and education advocacy programmes. There were currently four agencies that issued land titles to indigenous peoples, but there were plans to streamline land services for indigenous peoples under one agency.
The Philippines did not condone torture. The State party was trying its best to investigate cases of torture; 37 cases were currently being investigated, and one conviction had been issued recently. The State party would seriously investigate the cases of torture on which the Committee had issued findings on.
The police service was working to improve the skills of custodial officers to ensure that the rights of persons deprived of liberty were protected.
There was no policy on killing people in the Philippines. Allegations of extrajudicial killings were very serious. Many cases of unlawful death had been investigated, and a mechanism “AO35” had been developed for investigating such cases.
The Government was required to respect the privacy of its citizens. Local Anti-Drug Councils kept data on local cases involving drug supply and abuse. Persons who used and supplied drugs were identified, and other appropriate information to survey the use of drugs in the community was collected, but there were no “drug watchlists”.
Four children, not 100, had been killed accidentally in the war on drugs. There was no truth to the claim that 100 children had been killed. One police officer had been convicted regarding the death of a child.
The Philippines was no longer a member of the International Criminal Court. The State judicial system was functioning, so there was no need for the International Criminal Court to intervene. The State erred on the side of caution regarding judicial processes.
The Supreme Court had ruled that domestic violence was not considered a valid ground for the dissolution of marriages.
In 2019, 43 suspects in the Maguindanao massacre were convicted, including 25 Government officials.
Thirty-one one-on-one meetings had been held with Special Rapporteurs of the Human Rights Council, which had led to the organization of two country visits. The Philippines would continue to strengthen its cooperation with the Special Procedures of the Human Rights Council and the treaty bodies.
The Philippines was promoting the participation of civil society, including indigenous community organizations and United Nations organizations, in policy-making processes. The United Nations Joint Programme on Human Rights had been making good progress on promoting this cooperation and strengthening accountability mechanisms. Training on the investigation of unlawful killings was being developed as part of the Joint Programme.
Questions by Committee Experts
A Committee Expert welcomed the State’s commitment to moving forward on several issues.
Drug abuse was a scourge in any society, but human rights-based responses were the most effective. The State party’s claim that drug interventions were voluntary seemed to contradict law and practice. Persons caught using drugs for the first time were forced to undergo rehabilitation for six months or face incarceration. Were persons involved in such programmes free to leave their programme? How many persons had been subjected to such programmes? Did persons affected have any legal recourse? Was there any judicial oversight for the programmes? Would the State cooperate with International Criminal Court investigations on the war on drugs?
It was estimated that pre-trial detention periods lasted on average 528 days before trials were held, and 75 per cent of prisoners were in pre-trial detention. Was this data accurate? Was the number of pre-trial detainees increasing? What measures were contemplated to address this problem, apart from building more jails? Senator Leila de Lima was still in police detention after her arrest five years ago. Why was her trial taking such a long time?
The Expert commended the State party’s extensive efforts to address the situation of internally displaced persons. The Expert noted large cash grants, as well as re-settlement programmes, support and relief services, and targeted interventions for women and children. When would the Marawi Compensation Board be established? Large investments had been made in reconstruction without public consultation, and the majority had been for public infrastructure. Why had locals and affected residents not been involved in these decisions? Why was there a focus on mega-projects when more than 350,000 Marawi residents were still displaced? Would the State party discontinue the practice of indiscriminate bombing in certain areas, which resulted in continuing internal displacement of civilians?
The legislation of the Philippines on indigenous peoples’ rights was ahead of its time, even providing a model for the United Nations Declaration on the Rights of Indigenous Peoples. However, the amount of land passed to indigenous peoples covered only 10 per cent of the indigenous population. What plans were in place to transfer land to the remaining indigenous populations, to prevent dispossession of land through development projects, to share the profits of development projects with indigenous peoples, and to protect indigenous peoples from the harms of development projects?
The Government had in 2019 closed 54 schools in Mindanao, pointing to complaints that the schools were teaching violent extremism. Under the previous Aquino administration, 102 indigenous persons were summarily executed in conflicts, and this had continued under the Duterte Government. Indigenous peoples were caught in the crossfire in conflicts with communists and Islamist insurgents, leading to indiscriminate killings and widespread displacement. Killings of indigenous human rights defenders had been documented by the Office of the High Commissioner for Human Rights. Information provided by civil society and the Commission on Human Rights suggested widespread impunity for such killings. Had there been any investigations into these killings? What were their outcomes?
Another Committee Expert acknowledged that procedural safeguards were provided to detained persons. What measures were in place to ensure that all fundamental legal safeguards were provided to persons deprived of liberty from the outset of their deprivation of liberty? Individuals arrested by police were required to be brought before a judge for the first time within a minimum of 13 days. However, legislation did not require arraignment to be carried out within this period, leading to persons deprived of liberty waiting for months for arraignment. What measures had the State party taken to change this?
The Expert noted the State party’s measures to combat human trafficking and child labour. Investigations and convictions of traffickers and the establishment of the inter-agency coordination mechanisms were meaningful advancements. However, there had been a sharp increase of online sexual abuse and exploitation of children during the COVID-19 pandemic. Reports indicated that one in five Filipino children were victims of different forms of sexual abuse and exploitation, and a total of 279,166 cases of online sexual exploitation were reported in 2020. What further measures were planned to address the sharp increase of commercial sexual exploitation of children, particularly online? The State party had reportedly failed to prosecute and investigate Government officials who were allegedly involved in trafficking, and failed to provide specialised protection for victims. What measures were in place to address these issues?
A Securities and Exchange Commission Memorandum Circular had been used as a surveillance mechanism and to target and harass civil society organizations and non-profit organizations. How did the State ensure that the Circular was not used to restrict the right to freedom of association and civic space?
There were reports that red-tagging, harassment and killings of trade unionists were continuing, as well as interventions by security forces in union meetings and affairs. What measures were in place to uphold and protect the safety of workers carrying out peaceful strikes and protests, and hold those responsible for harassing such persons accountable? How did the State party ensure the rights of freedom of association and assembly for foreign workers?
Former President Duterte had made threats against the Chief Justice in relation to her professional activities in defence of the independence of the judiciary, and a Supreme Court decision had followed two days after to oust her from office. How did the State party ensure that the Supreme Court upheld and respected the independence of the judiciary?
Reports indicated that at least 61 lawyers, judges and prosecutors had recently been killed. What measures were being taken by the State party to address the alleged intimation, reprisals and killings undertaken against judges and lawyers in discharging their functions, while also ensuring the security and independence of such persons?
One Committee Expert asked if the new administration planned to repeal or modify government circulars pertaining to the “war on drugs”. What mechanisms were available for persons wishing to challenge their inclusion on drug watchlists? Was drug testing still being carried out in secondary schools?
Former President Duterte publicly and repeatedly declared that the lowering of the minimum age of criminal responsibility was among his top legislative agenda. What was the current administration’s stance on this? It was noteworthy that the current juvenile justice law promoted protection, rehabilitation, and re-integration into society. What efforts were being made to strengthen the implementation of this law?
Another Committee Expert said that there had been serious attacks against human rights defenders, including killings. Most of these individuals were killed by unidentified armed men. Courts had found that certain human rights defenders were victims of enforced disappearance. How did the State party respond to these criminal acts? What progress had been made by the State on drafting bills regarding protections for human rights defenders? It was commendable that a working group on the protection of human rights defenders had been established in 2012, but the group had only dealt with a limited number of cases, and the perpetrators of these cases were reportedly exonerated. How many investigations had the working group carried out? What measures were envisaged by the State to stop public attacks on lawyers, and to put an end to the system of impunity for those responsible for these abuses?
A Committee Expert said that the 2019 Anti-False Content bill empowered the Department of Justice’s Office of Cybercrime to modify or remove information if there was a “valid and sufficient basis” to do so. What constituted a valid and sufficient basis? What safeguards was the State party providing to ensure freedom of expression? Video news provider ABS-CBN was reportedly shut down in 2020, and in 2022, and the news website Rappler’s certificates of incorporation had been revoked. How were such revocations linked with criticism of the “war on drugs”? There had reportedly been approximately 10 cyberattacks against media organizations, both by State organs and civilians. How would the State party prevent cyberattacks against media outlets?
State legislation criminalised defamation and libel. Persons found guilty were imprisoned in some cases. Would the State party consider removing the punishment of imprisonment? How did the current legislation protect the freedom of speech? What measures were in place to prevent the misuse of this legislation to punish critics of the Government? In November 2021, Alfonso Cusi, Department of Energy Secretary, filed libel cases against 21 journalists and seven media organizations because they reported on him allegedly giving unwarranted benefits to energy companies. How did authorities distinguish between libel and free expression to expose corruption?
Responses by the Delegation
The delegation said that when persons were identified as drug users, they were referred to rehabilitation programmes. Persons with low-level dependencies were referred to voluntary programmes, while those with high-level dependencies were referred to in-patient programmes that were involuntary. The relapse rate after completing these programmes was around one per cent. Programmes were in alignment with State health standards. Around 2.1 billion pesos had been allocated to improving and expanding drug treatment programmes. If persons failed the rehabilitation process, they were detained. Since the 1980s, methamphetamine addictions had caused severe problems in society. The State’s approach to drugs was harsh because of the severity of their effects on society.
Under the guidelines for trials of criminal cases, accused persons who had been formally charged should be arraigned within 13 days. Around 100,000 detainees awaiting trial had recently been released. The issue of bail was related to poverty. A certain percentage of those who were detained could have been released on bail, but could not afford bail payments. The State was considering introducing crowdsourcing for bail payments and reducing bail payments.
Former Senator de Lima had been incarcerated for five years because she was being trialled for three cases involving drug trafficking. Deliberations had been delayed due to the pandemic. The former Senator was pursuing recantation and would be allowed to do so. However, recantations were frowned upon by the courts.
The Marawi Victims Compensation Act provided for a five-year timeline for implementation of its provisions. The State had been engaging with civil society organizations active in reconstruction efforts. The State conducted military operations to support residents to return to their homes. Displacement was caused by extremist violence.
Indigenous peoples sometimes took the side of the New People’s Army in conflicts. The State was not solely responsible. The New People’s Army had also committed atrocities. Parents of indigenous children had been calling for the closure of schools that were providing military training. The State reacted to this call by closing these schools. The State was committed to helping the social reintegration of children involved in conflict. It worked to prevent armed groups from recruiting children.
Protections for persons deprived of liberty were paramount. Persons deprived of liberty were offered bail, and cases against them were brought before a judge within 13 days or less, depending on the severity of the crime. Once cases were filed, persons deprived of liberty were able to seek temporary liberty through measures such as recognisance, which required no payments from the person involved.
During the COVID-19 pandemic, the phenomenon of online child sexual exploitation had worsened. The State was addressing this through measures such as mandatory registration of SIM cards. Various State agencies were working together to prevent this problem.
The Securities and Exchange Commission had issued a memorandum circular regarding terrorist financing and anti-money laundering. Many civil society organizations financially supported the insurgency. This measure aimed to increase transparency and ensure that money was not being transferred to insurgent groups.
The former Chief Justice’s appointment had been declared as void by her peers. The impeachment proceedings indicated a breach of the public’s trust in the Chief Justice. Proceedings followed predetermined rules.
The ABS-CBN news network was not shut down, but congress had not granted the network permission to use broadcast airwaves because it had abused its privilege to use those airwaves. Rapler’s was not 100 per cent owned by Filipino nationals, therefore Rapler’s licence had been revoked. These were not issues related to press freedom. There were more than 100 independent media organizations working in the Philippines.
Congress needed to debate legislative provisions preventing cyber libel. This was a light offence, and a fine was a more appropriate response to such a crime than imprisonment.
The Philippines had fought for the human rights of indigenous peoples, and to prevent discrimination of indigenous peoples. Organised activities that promoted racial discrimination were prohibited.
Drug testing in secondary schools was carried out. Drug abuse was not grounds for expulsion of students from educational institutions. The policy of drug testing would be reviewed to differentiate it from the war on drugs policies.
Persons who challenged the Government and advocated violence should not be referred to as “human rights defenders”. Human rights defenders could only be classified as such if he or she did not advocate violence. Bills on human rights defenders were being deliberated.
Follow-Up Questions by Committee Experts
A Committee Expert asked for more information on benefit sharing and protections regarding indigenous peoples.
Another Expert asked for more information on access to welfare for vulnerable groups.
One Committee Expert said that human rights defenders who advocated violence indeed had no right to protections. However, lawyers and journalists who had not advocated violence had been targeted. What was the State’s response to this?
A Committee Expert called for more information on measures to ensure the independence of the judiciary.
Another Committee Expert said that international human rights obligations applied to all, including criminals convicted of drug offences. The Expert asked whether the libel sentences imposed against journalists were applied retroactively.
Closing Remarks
JESUS CRISPIN REMULLA, Secretary of Justice of the Philippines and head of the delegation, thanked the Committee for the dialogue and its concern regarding the situation in the Philippines. The State was trying to reform the justice system to ensure that respect for human rights was at its centre. An effective prosecution system, not the death penalty, was the best deterrent to crimes. Members of the judiciary risked their lives to protect the citizens of the Philippines. The State had a duty to make sure that the rights of people were respected in the detention and correction system. It was trying to release persons deprived of liberty as soon as possible. Mr. Crispin Remulla expressed hope that, through future dialogues, the State party and the Committee could continue to work together to promote human rights in the Philippines.
PHOTINI PAZARTZIS, Committee Chairperson, said that the dialogue had been full and frank. Progress and challenges had been discussed, as well as reforms being undertaken by the new administration. The Committee welcomed the commitment of the delegation to promoting human rights. This commitment should apply to all branches of the State. Reprisals against lawyers and journalists were causes for concern. Killings were not policies of the State, but they were challenges that the State should address. Drug issues should be addressed in a way that protected the human rights of all citizens. The Committee hoped that the State would not reinstate the death penalty.
Produced by the United Nations Information Service in Geneva for use of the information media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CCPR22.024E