Senator Leila M. de Lima, member of PGA, recently filed in the Senate of the Philippines Bill no. 1842 to prevent and counter extra-judicial killings, which are taking place in a widespread and systematic manner in the Republic of The Philippines under the threatening label of the “war on drugs.” Senate Bill 1842, published in the Senate’s website, is entitled “An Act defining and criminalizing extrajudicial killings and related acts, guaranteeing State obligation to effectively investigate extrajudicial killings and ensure documentation thereof, providing for reparation for victims of extrajudicial killings and appropriating funds therefor and for other purposes.”

Senator de Lima has been deprived of her liberty since February 2017 based on politically motivated charges that prompted a global outcry and impeded her to exercise her constitutionally prescribed mandate to sit in the Senate and exercise her parliamentary duties. PGA has repeatedly called for her immediate and unconditional release from jail (see here and here), alongside some of the most authoritative voices from the United Nations’ system and global civil society.

In a joint appeal, Amnesty International, Human Rights Watch, and Forum-Asia stated: 

De Lima, who has been detained at the headquarters of the Philippine National Police since her arrest on February 24, 2017, has been one of the staunchest critics of the government’s abusive “war on drugs.” The authorities arrested her after she sought to investigate extrajudicial executions committed in the context of the anti-drug campaign.

Senate Bill no. 1842 was drafted by the University of the Philippines Law Center - Institute of Human Rights after two years of intensive research on the matter. The said Bill reflects the state-of-the-art of International Law standards for the protection of victims’ rights and the preservation and collection of evidence that may secure the effective investigation and prosecution of extrajudicial killings.

According to PGA’s Secretary-General, Dr. David Donat Cattin:

This piece of draft legislation is remarkable as it aims at creating all necessary conditions for the Philippine legal system to prevent and counter mass atrocities that are currently victimizing its civilian population: from the necessary steps to find and secure evidence of crimes to the need to properly repair the harm suffered by the victims and their families, this Draft Law reflects the commitment of Sen. de Lima and a large community of Filipino academics to put an end to the impunity characterizing the current situation.

The Senate’s Bill has been also welcomed by PGA’s Executive Committee Member, Hon. Kasthuri Patto, MP (Malaysia), who expressed her strong support for the prompt treatment and consideration of the proposed legislation. Hon. Patto commended the initiative of Sen. de Lima as it...

...demonstrates that the Republic of The Philippines, thanks to the leadership of its Lawmakers, has the means and the capacity to overcome this tragic season characterized by violence, hate speech and summary executions, affecting some of most marginalized and socially-disadvantaged communities in the country.

Likewise, “political will is now necessary to support the courageous legislative initiative of our colleague Leila de Lima,” the Malaysian lawmaker affirmed in Kuala Lumpur.

PGA’s President, Ms. Margareta Cederfelt, MP (Sweden), has also expressed her concern on the recent number of killings, which have considerably increased during the Covid-19 crisis. Ms. Cederfelt highlighted that:

Senate Bill 1842 is needed more than ever and is a testament of the leadership of Sen. Leila de Lima, who shall be immediately and unconditionally released from jail where she is detained based on politically motivated and frivolous criminal charges, as found by the independent observers of the International Community that studied her case. Through her legislative initiative, Sen. de Lima is calling the Philippine Government to behave as a peace-loving and law-abiding actor that stamps out extrajudicial killings and summary executions from its territories.

She added that:

all the Members of PGA in over 130 countries of all regions of the world unite their voice in support of Sen. de Lima’s initiative and call on the Republic of the Philippines to re-deposit the instrument of ratification of the Rome Statute of the ICC, which would give effect to the sovereign decision taken by the Congress of The Philippines in 2011 under its Constitution. There cannot be impunity for crimes against humanity, and extrajudicial killings perpetrated on a widespread or systematic scale are crimes against humanity.

Extra-judicial killings under the existing Philippine legal framework

Extra-judicial killings are punishable offenses when committed in the framework of any widespread or systematic pattern under PhilippineLaw No. 9851, which implements the Rome Statute of the International Criminal Court (ICC) and was adopted by Parliament in 2009 upon the initiative of a PGA Member, the late Prof. Miriam Defensor-Santiago. 

“The Republic Act No. 9851 -Act Defining And Penalizing Crimes Against International Humanitarian Law, Genocide And Other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts, And For Related Purposes, was enacted on the 27 July 2009 by the Senate and House of Representatives of the Philippines in Congress. Inter alia, it qualifies extermination and murder, including extra-judicial killing, as crimes against humanity, which are punishable offenses before PhilippineCourts. In light of the inaction of such Courts caused by the unwillingness to investigate atrocities allegedly instigated and masterminded by the Head of State, the ICC Prosecutor started a preliminary examination on the situation in The Philippines. The relevant announcement by the Prosecutor in February 2018 triggered the Presidential decision to withdraw from the Rome Statute of the ICC on 18 March 2018. Such a decision was not validated or authorized by the Senate, and was challenged as unconstitutional before the Constitutional Court of the Philippines by a group of jurists and lawmakers, including prominent PGA Members. Litigation on the said constitutional challenge is ongoing while PGA Members are supporting the creation of a coalition of Parliamentarians that will demand to the next Executive the renewed ratification of the Rome Statute by the Republic of The Philippines. It is the only measure that could remedy the constitutional rupture caused by the current Administration with the unconstitutional withdrawal. In 2011, the Senate of the Philippines had passed the Bill to ratify the Rome Statute with the required qualified super-majority of two-thirds via a quasi-unanimous decision.” (For more information, see also our Rome Statute country page for the Philippines).