10 May 2018, Strasbourg / The Hague

On 18 April 2018, the European Parliament adopted a Resolution strongly condemning the situation in the Philippines and calling the Government to put a halt on abusive practices and safeguard the Rule of Law, democracy, and respect for human rights. The most comprehensive Joint Motion for this resolution had been authored by PGA Board member and Convenor of the PGA International Law and Human rights Program, Ms. Barbara Lochbihler, MEP (Germany), Group of the Greens/European Free Alliance.

What is the current situation in the Philippines?

• Human rights violations in the context of the “war on drugs”: Since July 2016, various sources reproted that approximately 12000 extrajudicial killings, including of women and children, might have occured during an ongoing campaign against drug-related offenses, internationally proclaimed as ‘war on drugs’. Human rights defenders, journalists and activists routinely face threats, harassment, intimidation and violence for seeking to expose allegations of extra-judicial killings and other human rights abuses in the Philippines.

• Targeting of indigenous people: The army has been reported to make use of harassment, torture, and arrest against indigenous Lumad people peacefully protesting to protect their property. Perceived critics or dissidents have been threatened, harassed and treated with violence. Amongst others, Senator Leila De Lima, a human rights activist, has been arrested. United Nations (UN) Special Rapporteur on the Rights of Indigenous Peoples, Ms. Victoria Tauli-Corpuz, a Philippine national, has been accused of “terrorism” and, along with 600 other individuals, including indigenous leaders and human rights defenders, was put on a list of terrorist organisations by the Philippine Government in March 2018.

• Incitement to violence against women: In February 2018, President Duterte made a number of derogatory and demeaning statements about women and has publicly used language that was understood as justifying rape and calling for the shooting of women.

• Withdrawal from the Rome Statute of the International Criminal Court (ICC): Following the opening of a preliminary examination into the situation of the Philippines by the ICC Prosecutor, aimed to analyze the crimes allegedly committed in the framework of the ‘war on drugs’, the Philippines deposited a notification of withdrawal from the Rome Statute with the UN Secretary-General on 17 March 2018, taking effect after one year.

• Attempted reinstatement of the Death Penalty: On 7 March 2017, the House of Representatives of the Philippines approved a bill to reinstate the death penalty. It is important to note that the Philippines had abolished the death penalty for the second time in 2006 and ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) which bans the use of the death penalty. A coalition of Senators, including PGA Members, has been able so far to block the passage of the relevant legislation in the Upper House.

What does the European Parliament Resolution call for?

The approved version of the Resolution includes a vast majority of the points of the Motion introduced by Ms. Lochbihler. Particularly, it calls on the Philippine authorities to:

• Halt and investigate human rights violations committed in the context of the ‘war on drugs’: (i) put an end to extrajudicial killings; (ii) immediately carry out impartial and meaningful investigations into these extrajudicial killings and to prosecute and bring all perpetrators to justice; (iii) support the creation of an official UN-led investigation; (iv) pursue fight against illicit drugs with a focus on public health and full compliance with due process;

• Respect the human rights of the indigenous people: (i) ensure that human rights defenders, journalists and activists can carry out their work in an enabling environment and without fear of reprisals; (ii) release Senator Leila De Lima and guarantee her a fair trial; (iii) remove human rights defenders from the terrorist list, including Ms Victoria Tauli-Corpuz, the UN Special Rapporteur on the rights of indigenous peoples, reminding the 1946 Convention on Privileges and Immunities grants her immunity.

• Treat women with respect and refrain from inciting violence against women; reminding that encouraging state forces to commit sexual violence during armed conflict is in violation of international humanitarian law.

• Reverse its withdrawal from the Rome Statute, and fully cooperate with the ICC Office of the Prosecutor in its preliminary examination of the allegations of crimes against humanity.

• Immediately halt the ongoing proceedings to reinstate the death penalty and refrain from lowering the minimum age for criminal responsibility.

PGA supports and stands with this important initiative taken by PGA Board Member, Ms. Lochbihler, which was supported by Members of the PGA Group in the European Parliament chaired by Ms. Ana Gomes, MEP (Portugal). PGA believes it is of utter importance that parliamentarians and the international community as a whole denounce the systematic violations of human rights and fundamental freedoms, which may be resulting from the policies implemented by the Government of the Philippines, and call all relevant stakeholders to contribute to reversing the on-going retraction from human rights protection.

For more information on the Republic of the Philippines within the framework of the PGA Campaign on the Abolition of the Death Penalty, click here.

For more information on the Republic of the Philippines within the framework of Campaign for the Rome Statute of the ICC, click here.