Julianna Jo C.

Gulle September 26, 2021

BSN-1 NB NSTP 1
MODULE 10: ACTION

Human rights case: “WAR ON DRUGS”

Thousands of people in the Philippines have been killed since President Rodrigo
Duterte launched his “war on drugs” on June 30, 2016, the day he took office.
The killings were carried out by police storming homes to seize alleged drug
dealers or users, who would then be reported dead rather than being brought into jail,
with the police claiming self-defense. Human Rights Watch has witnessed police officers
placing guns near the bodies of suspects in order to excuse their use of fatal force.
Between July 1, 2016 and June 30, 2019, 5,526 suspects were murdered in police
operations, according to the Philippine National Police. However, this figure excludes the
thousands of people killed by unidentified gunmen in incidents that go unsolved by the
police, bringing the total death toll to as high as 27,000, according to estimates from
domestic human rights organizations.

a. What human rights are violated?

When we base it on the Universal Declaration of Human Rights, these are
rights that were violated:
-No torture and inhumane treatment
-No unfair detainment
-Right to trial
-Innocent until proved guilty

b. What is the basis of this right?

The basis of these violated rights are backed up by the 1987 Philippine
Constitution Article III Bill of Rights:
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant
of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched
and the persons or things to be seized.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel. (2) No torture,
force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited. (3) Any confession or admission
obtained in violation of this or Section 17 hereof shall be inadmissible in evidence
against him. (4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to the rehabilitation of victims of torture or
similar practices, and their families.
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law. (2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses
 face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused:
Provided, that he has been duly notified and his failure to appear is unjustifiable.

c. What is the cause of the violation?

Since taking office on June 30, 2016, Philippine President Rodrigo Duterte
has carried out a “war on drugs”. President Duterte continued to endorse the anti-
drug campaign, even stating in one of his speeches that, “if you go into drugs... I
will kill you.” He added, “Even with the United Nations listening, I will kill you,
period.”

d. What are the effects of the violation?

There were numerous devastating effects of this violation:
1. Estimated Death Toll of Over 12,000 People
2. Killing of Political Activists, Community Leaders, Human Rights
Defenders
3. Attacks on Civil Society
4. Attack on Media
5. Violation of Children’s Rights
6. Death Penalty

e. How could the violations be prevented?

In order to withstand international demand for accountability, a resolution in
the form of a report submission from the higher offices should be made, underlining
the human rights situation in the Philippines.

f. What is the approach in resolving the human rights violation?

In July 2019, the United Nations Human Rights Council adopted a resolution
asking the Office of the High Commissioner for Human Rights to submit a report
in June 2020 on the human rights situation in the Philippines, bringing to bear
international pressure for accountability. The Duterte administration responded by
ordering the suspension of all negotiations for financial assistance from the 18
countries that endorsed the resolution.

REFERENCE:
Human Rights Watch. (n.d.). Philippines Events of 2019. https://www.hrw.org/world-
report/2020/country-chapters/philippines#