A/HRC/44/22
80.
While numerous statements by the President, Mr. Duterte, are subsequently clarified
by his spokesperson and other officials as not to be taken literally, the widespread killings,
detentions, red-tagging and score-settling by State actors, including in the campaign against
illegal drugs, suggest that his public comments may have incited violence and may have
had the effect of encouraging, backing or even ordering human rights violations, with
impunity. The use of such language could amount to a violation of the prohibition against
arbitrary deprivation of life in article 6 of the International Covenant on Civil and Political
Rights.111
IV. Conclusions
81.
The legal, constitutional and institutional framework in the Philippines
contains human rights safeguards, as well as checks and balances. The challenge has
always been one of implementation – and circumvention. The long-standing
overemphasis on public order and national security at the expense of human rights
has become more acute in recent years, and there are concerns that the vilification of
dissent is being increasingly institutionalized and normalized in ways that will be very
difficult to reverse.
82.
In just the first four months of 2020, including during the COVID-19
pandemic, OHCHR documented continued killings of persons suspected of drugs
offences, and of human rights defenders. Charges were filed against political
opponents and civil society members, including for sedition and perjury. A major
media network was forced to stop broadcasting after being singled out by the
authorities. Red-tagging and incitement to violence have been rife, online and offline.
The response to COVID-19 has seen the same heavy-handed security approach that
appears to have been mainstreamed through the ramped-up campaign against illegal
drugs and by counter-insurgency imperatives. While important measures were taken
to mitigate the economic impact of the pandemic on vulnerable communities, threats
of martial law, the use of force by security forces in enforcing quarantines and the use
of laws to stifle criticism have also marked the Government’s response.
83.
Persistent impunity for human rights violations is stark, and practical obstacles
to accessing justice within the country are almost insurmountable. Human rights
advocacy is routinely equated with insurgency, with the focus being diverted to
discrediting the messengers rather than examining the substance of the message. This
has muddied the space for debate, for disagreement and for challenging State
institutions and policies, which has resulted in deep mistrust between the Government
and civil society – a rift in urgent need of repair.
84.
The country faces major systemic challenges, from structural poverty, to
inequalities, to armed conflict, to natural disasters, and now, the nationwide impact of
COVID-19. OHCHR welcomes the important efforts to improve protection of
economic and social rights and access to essential goods and services across the
country. It is crucial, however, that this be guided by a human rights-based approach
that is focused on “leaving no one behind”. Efforts to address criminality and the
proliferation of illicit drugs, and to prevent and counter violent extremism and armed
conflict, must be grounded in evidence, be consistent with the rule of law, and embody
full respect for human rights. Accountability for violations committed both by State
and by non-State actors, with full transparency and respect for due process, is
essential for rebuilding public confidence.
85.
Given the widespread and systematic nature of the alleged killings, and the
failure of domestic mechanisms to ensure accountability thus far, there have been
strong calls for an international accountability mechanism. In June 2019, a group of
11 special procedure mandate holders called upon the Human Rights Council to
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16
See Human Rights Committee, general comment No. 36.
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