A/HRC/44/22
establish an independent investigation.112 The International Criminal Court, for its
part, is conducting a preliminary examination of the situation in the Philippines. The
United Nations High Commissioner for Human Rights again emphasizes the need for
independent, impartial and effective investigations into the killings and stands ready
to assist credible efforts towards accountability at the national and the international
levels.
86.
The High Commissioner expresses the readiness of OHCHR to continue
positive engagement with the Philippines, including through enhanced provision of
technical assistance and capacity-building, particularly for the implementation of the
recommendations contained in the present report, and through continued monitoring
and reporting on progress on human rights.
V. Recommendations
87.
The High Commissioner calls upon the Government of the Philippines to:
(a)
In context of its campaign against illegal drugs:
(i)
Repeal Philippine National Police Command Memorandum Circular No.
16-2016; cease “Project Tokhang”, and urgently put an end to extrajudicial
killings, arbitrary detention and other violence targeting suspected drug
offenders and people using drugs; and abolish the compilation and publication
of “drug watch lists” at all administrative levels;
(ii)
Undertake a comprehensive review of legislation and policies relating to
narcotics, including revisiting the mandatory penalties for drug offences;
consider decriminalization of drug possession for personal use; and implement
alternative measures to incarceration, and other human rights-based
responses;
(iii) Ensure adequate assistance for families of victims of drug-related
killings, including financial aid, legal support and psychosocial services.
(b)
National security laws and policies:
(i)
Rescind Memorandum Order No. 32; and ensure that emergency
measures are necessary, proportionate and time-bound, and are limited to
those strictly required by the exigencies of the situation;
(ii)
Urgently disband and disarm all private and State-backed paramilitary
groups;
(iii) Review Executive Order No. 70 and its implementation to ensure
compliance with rule of law and international human rights norms and
standards, and that political and socioeconomic grievances are tackled through
meaningful, participatory consultation.
(c)
Accountability:
(i)
Empower an independent body to conduct prompt, impartial, thorough,
transparent investigations into all killings, and into alleged violations of
international humanitarian law, with a view to prosecution and to the provision
of remedies for victims and their families;
(ii)
Improve systems for compiling and publishing consistent, disaggregated
data on all allegations of extrajudicial killings;
(iii) Improve cooperation between law enforcement bodies and the
Commission on Human Rights; strengthen the investigative and forensic
capacity of the Commission, including through adoption of the Commission on
112
See www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24679&LangID=E.
17
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