Amid continuing reports of human rights violations and abuses in the Philippines, including in the context of anti-drug operations, victims still face challenges in seeking justice, a UN report published today finds.
In the report, the Office of the High Commissioner for Human Rights acknowledges the Government's commitment to cooperate with the UN human rights mechanisms, including through an innovative UN joint programme on human rights that is being implemented with Government agencies, the national human rights institution and civil society.
The Joint Programme, signed in July 2021, provides technical assistance and capacity-building for reforms in six key areas, including: domestic investigative and accountability measures; data gathering on alleged police violations; the establishment of a national mechanism for reporting and follow-up; civic space and engagement with civil society and the Commission on Human Rights; counter-terrorism legislation; and human rights-based approaches to drug control.
The report, mandated by Human Rights Council resolution 45/33, calls for the new Philippines administration to adopt a transformative approach that looks to rights-based solutions for critical issues, including drug law enforcement and counter- terrorism, and to end divisive rhetoric that puts human rights defenders at risk.
While acknowledging some progress in a number of areas, the report notes that considerable challenges remain.
"The Government took some initiatives to advance accountability for human rights violations and abuses… However, access to justice for victims of human rights violations and abuses remained very limited. Institutional and structural shortcomings in law enforcement and the judiciary remained, despite efforts to address some cases," it says.
Specifically, the report highlights "limited oversight of human rights investigations, inadequate investigation capacity and inter-agency cooperation, limited forensic capacity and protracted judicial processes". Inadequate support and protection for victims and witnesses, as well as fear of reprisals, also affects victims' engagement.
To address these concerns, the report recommends that the Interagency Review Panel, established by the Department of Justice, should accelerate its review of all killings related to the Government's anti-drug operations. The Panel should also ensure that relevant findings are acted on promptly, including through internal administrative and criminal processes.
While some cases have been investigated, these have so far not resulted in convictions and redress for victims.
The report calls on the Government to revise drug legislation and policies in line with human rights norms and international guidelines on human rights and drug policy; to revisit the mandatory penalties for drug offences; and to consider the decriminalization of drug possession for personal use.
The report also recommends that the Government pass proposed legislation on human rights defenders, and implement measures to protect civic space for them to be able to play their legitimate role securely and without reprisals.
Critically, it calls on the Government to take all necessary steps to ensure the continued independence of the Commission on Human Rights of the Philippines, including through a transparent and consultative appointment process for Commissioners in line with the Paris Principles.
The report calls on the Human Rights Council to support the UN Joint Programme and to continue to monitor the situation closely, including progress on accountability.
