The Philippines: War on Drugs and Human Rights Concerns

The Philippines: War on Drugs and Human Rights Concerns

September 27, 2017
The Philippines: War on Drugs and Human Rights Concerns
Since he was elected in July 2016, Philippine President
In July 2016, when Duterte began his term as President, the
Rodrigo Duterte has waged a domestic “War on Drugs.”
PNP launched Operation Double Barrel, aimed at
Reports linking Duterte’s counterdrug policies with
eliminating and arresting suspected drug syndicates and
possibly thousands of extrajudicial killings have caused
traffickers and small-scale sellers and users of illegal drugs.
widespread international concern. At the same time, the
A key component of the campaign involves the police
Philippines is a U.S. treaty ally with which the United
visiting the homes of drug suspects and urging them to
States shares many regional security interests, and is one of
surrender to law enforcement authorities (Oplan Tokhang
the largest recipients of U.S. assistance in Southeast Asia. A
or “Operation Knock and Plead.”)
key issue for Congress is how to address human rights
issues in the Philippines while taking into consideration
War on Drugs: At a Glance
ongoing shared interests in regional security and other
areas. Duterte remains popular in Philippine public opinion
Estimated Deaths of Alleged Drug Offenders (July 2016-August
polls, further complicating efforts to address human rights
2017): 3,800-14,000
concerns. (For more information, see CRS In Focus
Number of Police Officers Killed in Anti-Drug Operations (July
IF10250, The Philippines.)
2016-August 2017) : 76
Numbers of Extrajudicial Killings
Number of Accredited Drug Rehabilitation Centers: 46
Estimates of the number of alleged drug offenders killed in
U.S. Counternarcotics Assistance, FY2016: $4.82 million
the drug war have varied:
Sources: Philippine government and independent reports.
 In February 2017, the Philippine National Police (PNP)
reported that some 7,000 drug-related killings had
In January 2017, the Duterte Administration temporarily
occurred between July 2016 and February 2017,
suspended the drug war in response to the abduction and
including approximately 2,500 as a result of shootouts
killing of a South Korean businessman in a counternarcotics
between alleged drug offenders and police and another
operation. The government resumed anti-drug operations in
4,500 by unknown assailants or vigilantes.
late March 2017, promising that the next phase of the
 In July 2017, the Philippine government revised its
campaign, named Operation Double Barrel: Reloaded,
numbers. This has led various sources to report that
would involve greater vetting of law enforcement personnel
between July 2016 and July 2017, approximately 3,500
and be “less bloody.”
people were killed in “presumed legitimate law
enforcement operations” and another 2,000 possibly
Human Rights Allegations
were killed by unknown assailants or vigilantes. The
Human rights groups have identified widespread
government has ruled another several thousand deaths,
characteristics and patterns of the drug war that allegedly
possibly connected to the drug war, as homicides “under
have violated human rights and international norms,
investigation.”
including:
 Human rights groups estimate that 9,000-14,000 alleged
 Payment by the PNP to vigilantes for killing drug
drug offenders were killed extra-judicially between July
offenders. In some cases, assailants were suspected of
2016 and August 2017.
being PNP officers in disguise.
Background
 Entry by police into the homes of alleged drug sellers
and users without search warrants, as well as beatings
An estimated 1.8 million people use illegal drugs in the
and coerced confessions.
Philippines, mostly methamphetamine (known as shabu)
 Killings in the homes of victims, while they were in
sourced from China, according to government statistics.
The U.S. Department of State’s
police custody, and at off-site locations, many of them
2017 International
execution-style.
Narcotics Control Strategy Report states that widespread
 Claims by PNP officials that police shot and killed
poverty, corruption, and porous borders contribute to an
suspected drug offenders in self-defense, while human
ongoing and lucrative drug trafficking environment.
rights groups argue that few of the victims had been
charged with a crime and that most of them did not
As mayor of the southern Philippine city of Davao (from
possess weapons. In some cases, victims who agreed to
1988-1998 and from 2001-2010), Duterte was known for
surrender to authorities reportedly were shot anyway.
his harsh anti-crime policies. He publicly named alleged
 Police planting of evidence at the scenes of some
drug dealers and reportedly hired unofficial groups to
killings, fabricating reports, holding detainees for
monitor and sometimes kill drug suspects. Vigilantes
ransom, and stealing property from victims.
known as the Davao Death Squad reportedly killed 1,400
criminal suspects during his tenure as mayor.
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The Philippines: War on Drugs and Human Rights Concerns
Few cases of police misconduct have been investigated, and
Tom Lantos Human Rights Commission held a hearing,
there have been no known prosecutions or convictions for
“The Human Rights Consequences of the War on Drugs in
extrajudicial killings, according to human rights groups.
the Philippines.”
In addition, experts say that Duterte’s counternarcotics
U.S. Foreign Assistance
efforts have focused upon eradication and placed little
The U.S. government has placed restrictions on some
emphasis on economic causes or the treatment and
foreign assistance to the Philippines due to human rights
rehabilitation of dealers and users. The vast majority of the
concerns. In addition, the so-called Leahy Laws prohibit
over 1 million drug dealers and users who have surrendered
U.S. security assistance to foreign security forces units
to authorities or been arrested reportedly have ended up in
when there is credible information that a recipient unit has
the country’s overcrowded prisons.
committed “a gross violation of human rights.” In FY2016,
the Philippines received approximately $4.82 million in
U.S. counternarcotics assistance. In late 2016, following
reports of extrajudicial killings linked to Duterte’s drug
Death of a Student. Over four dozen children (ages
war, the U.S. government suspended support for
18 years old or younger) have been killed in crossfire
counternarcotics training programs with PNP regular units.
or as drug targets of police or vigilantes, according the
Children’s Legal Rights and Development Center. In
 The State Department announced that counternarcotics
funding would be redirected to the Philippine Coast
August 2017, a 17-year-old boy, Kian Loyd Delos
Guard for drug interdiction efforts and also focus on
Santos, was among 96 killed in one of the bloodiest
human rights training, rule of law programs, and drug
weeks of the drug war. Although police claimed that
demand reduction, treatment and rehabilitation efforts.
they shot Delos Santos in self-defense, surveillance
footage and witnesses revealed that PNP officers
 The Department of Defense suspended all lethal training
with Philippine law enforcement units actively involved
dragged him to a community basketball court, gave
in counternarcotics efforts, but continues to support PNP
him a gun and told him to run, and then shot him with
maritime units.
the gun in his hand. Following a public outcry, Duterte
promised an investigation, although not an end to the
 The Millennium Challenge Corporation announced that
it would defer funding for a second economic assistance
anti-drug campaign, and he met with the boy’s parents.
compact with the Philippines worth about $430 million.
The Philippine Office of the Ombudsman has begun an
investigation into the incident, as has the Department
Proposed Legislation: Selected Provisions
of Justice and the Senate Committee on Public Order
and Dangerous Drugs.
S. 1055, the Philippines Human Rights Accountability and
Counternarcotics Act of 2017, would restrict the exportation of

some defense articles to the PNP and support U.S. foreign
assistance programs that promote human rights, democracy, and
Domestic Reactions
public health in the Philippines, among other purposes.
Although Duterte has faced some criticism at home from
H.R. 3362, the Department of State, Foreign Operations, and
human rights organizations, the Catholic Church of the
Related Programs Appropriations Act, 2018, would require the
Philippines, and some opposition leaders, he so far has
Secretary of State to submit a report to the Committees on
maintained the backing of a majority of both houses of the
Appropriations assessing the extent to which the Philippine
Philippine Congress as well as broad public approval.
government is investigating and prosecuting extrajudicial
Although popular support for the drug war has declined
executions related to its anti-drug campaign, among other
somewhat, according to public opinion polls, Duterte’s
conditions on foreign assistance.
overall approval rating has remained high, at 78% in a June
2017 survey. In September 2016, Duterte’s allies in the
S. 1780, the Department of State, Foreign Operations, and
Philippine Senate voted to replace Leila De Lima as
Related Programs Appropriations Act, 2018, would require that
chairwoman of the Senate Justice Committee after she
International Narcotics Control and Law Enforcement programs
launched an investigation into the anti-drug campaign. In
be made available only if the Philippines is implementing a
July and August 2017, Duterte and his supporters in the
counternarcotics strategy that is in accordance with international
House threatened to abolish or defund the government-
norms of due process, and is investigating and prosecuting
mandated, independent Commission on Human Rights.
individuals who are credibly alleged to have ordered or
committed extrajudicial killings related to the anti-drug campaign.
External Responses

U.S. and international officials and reports have publicly
criticized Duterte’s anti-drug campaign and related human
rights violations. These include the State Department’s
Thomas Lum, Specialist in Asian Affairs
Country Reports on Human Rights Practices for 2016, the
Liana W. Rosen, Specialist in International Crime and
U.N. High Commissioner for Human Rights, U.N. Special
Narcotics
Rapporteur on extrajudicial, summary or arbitrary
Ben Dolven, Specialist in Asian Affairs
executions, the U.N. Office on Drugs and Crime, and the
IF10743
International Narcotics Control Board. In July 2017, the

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The Philippines: War on Drugs and Human Rights Concerns

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