A/HRC/44/22 violated Bureau of Jail Management and Penology standards and the United Nations Standard Minimum Rules for the Treatment of Prisoners. The Government is building and upgrading jail facilities. 48 OHCHR welcomes measures to decongest detention facilities, which include a Supreme Court initiative leading to the release of nearly 10,000 prisoners during the coronavirus disease (COVID-19) outbreak.49 4. Right to health 35. All persons who use drugs retain the right to health.50 Treatment of drug dependence is an element of the right to health, and should be ensured in compliance with human rights principles of non-discrimination, respect for the inherent dignity of individuals, confidentiality, privacy and informed consent.51 36. In 2018, the Philippines adopted an anti-illegal drugs strategy encompassing provisions for treatment and rehabilitation. 52 In cooperation with the World Health Organization, the Government is establishing pilot recovery clinics for persons who use drugs. 53 The Comprehensive Dangerous Drugs Act, however, imposes six months of mandatory drug rehabilitation for first-time drug users, violating the principle of voluntary treatment. 54 Compulsory drug treatment is inconsistent with international drug control conventions and human rights law.55 37. According to the Government, 497,775 people who use drugs undertook a Philippine National Police recovery and wellness programme in the period between 1 January 2018 and 31 December 2019. A further 524,320 people underwent communitybased rehabilitation. Only 26,200 individuals underwent treatment and rehabilitation in centres managed and accredited by the Department of Health. OHCHR is concerned that the involvement of law enforcement agencies in drug rehabilitation programmes runs counter to the provision of evidence-based medical treatment and rehabilitation. 38. The Comprehensive Dangerous Drugs Act also requires mandatory drug testing and reporting of drug users in public facilities – including secondary schools. This may breach the right to privacy, generate stigmatization and constitute degrading treatment. The law also prescribes severe sanctions that can be manifestly disproportionate to the particular offence, such as lengthy prison sentences for mere possession of small amounts of illegal drugs. Criminalization of personal use, coupled with disproportionate sentencing, hinders people from obtaining appropriate treatment for drug use.56 39. OHCHR also notes with concern the lack of government-supported harm reduction programmes, such as opioid replacement or the provision of syringes. These are also absent from detention facilities.57 B. National security and civic space 40. Alongside the intensified campaign against illegal drugs, the State has scaled up its response for countering terrorism and conflicts, which also impact on human rights. OHCHR has examined key national security laws and policy, and their acute impact on civil society, including human rights organizations, lawyers, political and judicial actors, 48 49 50 51 52 53 54 55 56 57 8 Commission on Audit, 2018 annual audit report of the Department of the Interior and Local Governance, pp. 54–56. Administrative Circular No. 38 (2020), Supreme Court. A/65/255, para. 7. See www.unodc.org/documents/drug-prevention-and-treatment/UNODCWHO_International_Standards_Treatment_Drug_Use_Disorders_April_2020.pdf. See www.ddb.gov.ph/images/downloads/Revised_PADS_as_of_Nov_9_2018.pdf. Department of Health, Administrative Order No. 2019-0005. A/65/255, para. 30. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24369&LangID=E. Dangerous Drugs Act, sect. 11; and E/C.12/PHL/CO/5-6. Government submission, 1 May 2020.