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Philippines Drug War and Human Rights Solidarity Campaign

EVENT: Building Back with Justice? Marcos, Duterte, the ICC and the Philippine Drug War
Thursday July 14, 2022, 7:45-9:00am ET / 1:45-3:00pm CET / 7:45-9:00pm PT

https://us02web.zoom.us/meeting/register/tZIqdeigrD0pHd3j2AKnGpgt56EBOqaVIFbJ

EVENT VIDEO: Keeping It Real: Duterte's Drug War Slaughter and the ICC

EVENT ARTICLE AND VIDEO: How the Global Drug War's Victims Are Fighting Back

No Time Like the Present: Drug Policy Reform is More Urgent Than Ever

 

 

 

 
 
Logo created for our Philippines campaign by
artist Cesar Maxit. It combines the universal
human rights logo with imprisoned Senator
Leila de Lima's famous hand gesture.

Thank you for taking the time to read about our global advocacy program on the human rights crisis in the Philippine drug war. Below you will find detailed discussion of work through s, with video and links to statements or news articles, but only updated through July 2018.

Work done since then, about which we'll be adding in detail to this page soon, includes:

  • February 2019 "soft launch" of  "Stand with Human Rights and Democracy: Global Campaign for the Philippines";
  • March 2019 forum at the UN Commission on Narcotic Drugs in Vienna;
  • July 2019 forum at the UN High Level Political Forum on Sustainable Development in New York;
  • December 2019 forum at the International Criminal Court's Assembly of States Parties in The Hague;
  • March 2020 forum at the Commission on Narcotic Drugs;
  • speeches and other participation in allied groups' events in Washington;
  • community meeting on International Human Rights Advocacy at the International Conference on Drug Policy Reform;
  • work we are doing in the US Congress; and
  • other help we are providing to allies.

Material we will be posting from these activities includes but is not limited to:

  • highlights from February campaign events;
  • video footage of the three forums (which bring our total number of events to date to six);
  • presentations on the disinformation and social media manipulation campaigns that underpin Duterte's drug war and moves toward autocracy; and
  • photos from various events.

One particular highlight we will mention here is that our March 2019 event drew significant media in the Philippines, due to the participation by Skype of Law School Dean and then senatorial candidate Chel Diokno, who criticized the "erosion of the Philippine justice system." This in turn drew a public response from the government's Justice Secretary, their equivalent of Attorney General.

As noted above, the video and other resources we will be posting broadens our efforts to include exposing the disinformation and social media manipulation campaigns being carried out by President Duterte and his allies, which are a key plank of his drug war and moves toward authoritarianism. Presentations done for our events including cutting edge academic research and journalism on how appearances are being manipulated through concerted paid online efforts by "trolls" and others.


While much of the world moves toward compassionate drug policy reform, a populist would-be dictator has led one country cruelly backwards.

Since taking office, President Rodrigo Duterte of the Philippines has orchestrated a brutal campaign of extrajudicial killings, mainly as part of his "drug war." Credible estimates for the number of dead range from at least 12,000 to a likely 30,000 or more since mid-2016.

Ominously, a "Duterte effect" in the region has led to extrajudicial drug war killings in Indonesia and Bangladesh, and high-level officials in Malaysia and Turkey have also called for killings or other extrajudicial violence. In a move that has comforted human rights violators everywhere, President Trump has praised Duterte's drug war, twice.

 
 
funeral for victim of Duterte's drug war killings

Other abuses in have affected hundreds of thousands, and killings of activists, priests, even mayors are growing as well. In July 2019, the administration filed sedition cases against 35 opposition figures, including Catholic priests and Bishops, current and former Senators and candidates, even Vice President Leni Robredo. After the International Criminal Court announced a preliminary examination of allegations about the Philippine drug war, the administration withdrew the Philippines from the ICC's Rome Treaty.

Duterte is aggressively attacking his critics and the nation's democratic institutions as he seeks to bring about dictatorship. If he succeeds, there's no knowing where or how far the killings may go.

 

"There are 3 million drug addicts (in the Philippines). I'd be happy to slaughter them. If Germany had Hitler, the Philippines would have..." [points at himself]


Rodrigo Duterte, September 2016(source: Reuters)

 

We at StoptheDrugWar.org ask your help in stopping this tragedy, and the threat it represents to democracy and international institutions.

Our Philippines efforts to date include a series of events at important international meetings, mainly of the United Nations; a "soft launch" as well as behind the scenes development for "Stand with Human Rights and Democracy: Global Campaign for the Philippines"; and other pending efforts.

Our UN events have been high-profile. The first, in March 2017, triggered a major political incident in the Philippines, after Vice President Robredo, a human rights lawyer and opposition leader, sent us a speech by video which criticized the President's drug policies. Our March 2019 event drew headlines in the Philippines and forced a response from the nation's Justice Secretary. Full information on the series appears below.

The "Stand with Human Rights and Democracy" campaign links drug policy reform in general terms to big issues of the day including democracy, human rights, rule of law, and the fight against internet-powered disinformation and authoritarianism.

Our work in this area grew our of advocacy we've done at the United Nations since late 2014. As part of a global community of reform-minded NGOs, we call for people-centered approaches to drug policy governed by human rights. Initially this aimed at the April 2016 UN General Assembly Special Session on the World Drug Problem (UNGASS). When Duterte was elected and the Philippine slaughter began, we turned our attention there.

Philippine Vice President Leni Robredo recorded
a powerful video for our March 2017 UN event.
 

The pro-Duterte forces have noticed us. Duterte allies including the (now former) Speaker of the Philippine House of Representatives have attacked Philippine opposition leaders for working with us. Orchestrated online troll armies have descended on our videos. One of our events even prompted fake news stories.

We are currently crafting plans for moving forward in this campaign in an even bigger way. Please subscribe to our newsletter to make sure you don't miss any announcements about it. If you have a particular interest in the Philippines and want to be in touch about this, please email us.

 

Our accomplishments to date have included:

 


UN Events

Under the auspices of our UN-accredited 501(c)(3) nonprofit, DRCNet Foundation, we have organized events in conjunction with the 2017, 2018 and 2019 Commission on Narcotic Drugs (CND) meetings in Vienna, the 2018 and 2019 High Level Political Forum on Sustainable Development meetings in New York, and the 2019 Assembly of States Parties of the International Criminal Court in The Hague.

 
 
TIME magazine did the first posting
of the vice president's video,
embedding it from our YouTube account.

Vienna 2017: Our March 2017 event, coorganized with the Manila-based Council of Asian Liberals and Democrats, drew massive attention in the Philippines, due to a speech by video from Philippines Vice President Leni Robredo that led to unfair attacks on her by Duterte allies and an (ultimately unsuccessful) impeachment drive. The video also garnered US and international coverage. Robredo's video strongly criticized Duterte's drug war, as well as Duterte-led moves in the Philippines Congress (also so far unsuccessful) to reinstate the death penalty, including for drug offenses, and to lower the age of criminal liability to nine.

We released the video on Monday March 13, three days before our event, offering TIME magazine the exclusive first posting. TIME followed up with an interview with Robredo. Along with extensive coverage in Philippine mainstream media, discussion of the video trended on Twitter, and was covered by wire services and outlets throughout Asia and the Gulf.

Unfortunately though not surprisingly, Duterte's forces hit back. The Speaker of the Philippine House of Representatives and the president's Spokesperson both claimed the vice president's office (OVP) must have timed the video's release to coincide with other events that week. They principally pointed to an impeachment complaint a congressman filed against Duterte the day after we released the video, as well as a resolution in the European Parliament calling for the release of Duterte critic Sen. Leila de Lima. They presented this as evidence Robredo was engaged in a "destabilization campaign" against the government.

 
Robredo's opponents used the
video to attack her politically.

While still in Vienna, we released a statement to media refuting those claims. It documented that UN staff had scheduled side events for the CND nearly two months earlier, and attested that OVP had made no requests of us. (Our event appears on page ten of the 2017 CND side events list; a screenshot of that document's properties page shows it was published on January 23, compared with the event's March 16 date.) Sen. Kiko Pangilinan distributed the statement to the Liberal Party's media list, and we also contacted Philippine media. CNN Philippines, on which the president's spokesperson had first made the false claim about the role of the video, published the most extensive story about our debunking of it. (See news links below.)

 
 
coverage of our statement
defending the vice president, CNN
Philippines mobile home page

While our statement helped to defuse the specific charge of a coordinated campaign by the vice president, Duterte's team had ignited a political firestorm over the video which already had its own momentum, and which turned into a campaign to impeach Robredo. At the height of the furor, opportunistic celebrities even held a concert and rally against Robredo. (Their campaign reached the US west coast, when a Filipino American group in Hayward, California held an affinity rally.)

The political heat that Robredo, a human rights lawyer, took for participating in our event is unfortunate. But she has continued to speak out against the killings, and remains a popular figure.

News reports on our event, the vice president's video, and its fallout, are too numerous to link here, and media continued for a long time to refer to them when discussing the vice president's political trajectory. One example is this analysis in the prominent Philippine news outlet Rappler, as of late 2019 ranked as the 10th more read web site in the Philippines. We post here a selection of key news links, as well as links for video footage of our entire event and other resources.

 
Philippine officials provided the
government's response.
(photo by Joey Tranchina)

Event footage is available online here. Along with the Robredo statement and an Amnesty International video, it includes presentations by Chito Gascon, Chairperson of the Commission on Human Rights of the Philippines; Abhisit Vejjajiva, former Prime Minister of Thailand and current chair of event cosponsor the Council of Asian Liberals and Democrats (video); Lousewies van der Laan, former leader of the Dutch D66 party (Skype); Alison Smith, lead counsel and head of international criminal justice programs at the NGO No Peace Without Justice; Marco Perduca, former Senator from Italy and a member of our board of directors; and a written statement from US Rep. Earl Blumenauer (D-OR). We also have transcripts and a detailed summary.

 
 

Co-moderator Marco Perduca, former
senator of Italy, and David Borden
speaking with Amnesty International's
Daniel Joloy, other speakers Alison
Smith (just off screen) and Lousewies
van der Laan (on Skype).
(photo by Joey Tranchina)

Following are some key news article and related links:

The Philippines' largest broadsheet newspaper and 8th most read web site in the country as of this writing, The Inquirer, interviewed our executive director David Borden, as well as fellow event speaker Alison Smith, two weeks after the event. The interview, titled "Group says Duterte, not Robredo, upsetting int'l community," was widely read, shared by Inquirer readers nearly 9,000 times.

A transcript of the video is posted on Vice President Robredo's web site.

Articles covering our statement defending the vice president against the Speaker's false attack:

Articles covering our publishing of the full event footage:

 
 
Senator Trillanes displays copy
of Duterte administration's 2017
report, listing 20,000 killings
among its accomplishments

(photo by Joey Tranchina)

Vienna 2018: A year almost to the day after our 2017 event (and in the same room at the UN), we held another event featuring outspoken opposition Philippine Senator Antonio F. Trillanes IV. (Duterte has said of Trillanes, "I [will] destroy him, or he will destroy me.")

In a sign of the times, the day before our event when Senator Trillanes arrived at the UN, President Duterte transmitted one-year notice of the Philippines withdrawing from the International Criminal Court, in retaliation for the ICC's preliminary investigation of his drug war. The night before our event, prosecutors in the Philippines indicted the senator on a spurious sedition charge.

Tania Ramírez and Natalie Ginsberg
read Senator de Lima's statement.
Alessandro de Luca also pictured.
(photo by Joey Tranchina)
 

Senator Leila de Lima contributed a written statement to our event as well. Joining Senator Trillanes as featured speaker was Ellecer Carlos, well-known spokesperson for the iDEFEND Philippine human rights coalition. The event was again co-moderated by David Borden and Marco Perduca.

 
 
speaker meeting before the forum
(photo by Joey Tranchina)

Roughly 70 people attended, many forced to stand outside the 30-person capacity meeting room. Attendees represented a range of governments, UN agencies, NGOs, and members of the local Filipino community.

While the sedition charge became the main news story, driving out much of the coverage our event might otherwise have gotten, we did get some media including television:



 

 

 

 

 


- After Robredo, Trillanes Turn to Blast EJKs in war on drugs, Inquirer article published in advance of our event

State of the Nation with Jennifer Soho

News 5 Aksyon Tonite

Philtizen article noting State of the Nation report (over 9,700 shares on Facebook)

Trillanes not backing down on sedition case (The Philippines' top news outlet, ABS-CBN, filmed for this report at our event. The sedition indictment, which was issued the night before, became the main story.)

How many more Filipinos will suffer under Duterte? De Lima asks (Inquirer article -- over 7,700 shares)

Rights Reporter interview with Senator Trillanes

 

 
 
fake news story with fabricated
statement attributed to us

In another sign of the times, Filipinos working in Vienna attended our event, including both supporters and critics of President Duterte. One member of the "Die Hard Duterte Supporters contingent (DDS -- a play on the infamous "Davao Death Squad" Duterte operated as mayor) challenged Senator Trillanes on the number of killings during the discussion time, while others videorecorded. The pro-Duterte media forces selectively edited the video in order to create an appearance that Trillanes didn't have an answer for him (as the senator and his staff had predicted). An example from a local newspaper in the Philippines appears here. Our Facebook Live video shows that Senator Trillanes did respond, however, and that the encounter was a civil one. The two spoke at length following the event.

Our visit to the UN cafeteria the day before the event led to a series of misleading and fake news stories. A Filipino cashier noticed Senator Trillanes was wearing an NGO badge, rather than one issued by the Philippines' Mission to the UN, and sent a picture to a pro-Duterte blogger. The blogger's post, which misidentified us as a Filipino American NGO, is online here, and has over 7,700 shares. An article posted on two Philippines-focused sites (here and here) "confirmed" that the senator had entered the UN through our auspices.

This information in these pieces isn't fake per se, but they attempt to imply a scandal or problem where there was none. A fake news story followed on the blog post, includes a photo of us on the lunch line with Trillanes, but claims falsely that the senator was "scolded" by a UN security guard who told him to "eat last." A follow-up fake news piece features a fabricated statement attributed to our organization. >A third piece by the same writer provided video from our event of a Filipino Duterte supporter contesting Trillanes' information, but implied falsely that the senator fell silent instead of responding to him.

The Facebook Live video stream from this event follows below. We will post an edited playlist copy and transcript in the near future. In the meanwhile, a realtime transcript from the CND Blog can be read here, and individual speeches can be accessed by going to the following points in the video. (We're not able to link to specific times within Facebook videos.)

  • Statement of Senator Leila de Lima, read by Tania Ramírez and Natalie Lyla Ginsberg (13:38)
  • David Borden (20:17)
  • Marco Perduca (21:03)
  • Senator Antonio Trillanes (26:42)
  • Ellecer Carlos (27:12)
  • Discussion (59:20)

See our September 2018 statement regarding another attempt by the Duterte administration to imprison Trillanes, their most serious one yet.

New York 2018: On July 16, we hosted the third event in the series, "Human Rights Challenge: Judicial and Extrajudicial Killings in a Time of Authoritarianism," expanding the scope of the discussion to include the death penalty for drug offenses. The event was held at the Church Center of the United Nations, in conjunction with the UN High Level Political Forum on Sustainable Development.

 

Prominent opposition leader Senator Risa Hontiveros of the Philippines provided a video for our event, calling for international solidarity for human rights and an end to Duterte's drug war. The two hour event also featured Professor Jason Wright of the Washington & Lee Law School, speaking on behalf of the California-based group Death Penalty Focus; and Justine Balane, International Secretary for Akbayan Youth in the Philippines, via Skype.

The largest Philippine news outlet, ABS-CBN, filmed the event, and a report ran on their US station, Balitang America.

Following is the Balitang America's YouTube copy of the TV report:

Following is full video of the event. An edited playlist copy and transcript will be posted in the near future. In the meanwhile, individual sections can be accessed by clicking on the time indications in this list:

  • Welcome and Acknowledgments by David Borden, Executive Director, StoptheDrugWar.org (0:00)
  • Video message from Senator Risa Hontiveros, Republic of the Philippines (4:16) | (original copy of Hontiveros video here)
  • Remarks by David on Borden on the UN Sustainable Developments Goals, and Background for This Event (7:47)
  • Justine Balane, International Secretary, Akbayan Youth (14:11)
  • Professor Jason Wright, Washington & Lee School of Law, representing Death Penalty Focus (25:55)
  • David Borden remarks (48:34)
  • Invited remarks from audience by Shilpa Nandwani, Northeast Coordinator, International Coalition for the Philippines US Chapter (53:50)
  • Invited remarks from audience by Terrenze Rienton (1:01:18)
  • General Discussion (1:06:43)
  • audience remarks by Rev. Levi Bautista (1:12:57)
  • General Discussion (1:17:23)

 

In March 2019, we returned to the Commission on Narcotic Drugs meeting, where we were joined via Skype by Chel Diokno, Dean of the De La Salle University School of Law, and at the time a candidate for the Philippine Senate. Attorney Diokno's keynote speech garnered strong media attention in the Philippines, and a comment he made about the "erosion of the Philippine justice system" drew a response from Philippine Justice Secretary Menardo Guevarra.

With this event we also began to address the role of social media manipulation and disinformation in the Philippine crisis. The program included a presentation by video from a scholar of online disinformation campaigns, Pamela Combinido, whose group had interviewed the organizers and rank-and-file "trolls" who carry them out; and a video from BuzzFeed News on Facebook's role in fueling Duterte's drug war, which accompanied an award-winning article on the topic by technology reporter Davey Alba.

videos:

    1

news articles about Diokno's speech:

    1

news stories about the Justice Secretary's response:

    1

HLPF 2019

ASP

 


 

Protest at Philippines Embassy, Washington, DC

  

For the one-year mark of the jailing of Duterte critic Senator Leila de Lima on spurious drug charges, we organized a protest at the Philippine Embassy in Washington, DC. The event featured street theater with Duterte and Philippine National Police figures arresting Senator de Lima and pretending to shoot attendees.

Allies in the Philippines helped to promote the event's Facebook Live video stream, and it went viral in the Philippines, with nearly 470,000 views as of this writing. Among our cosponsors in the action were Amnesty International, the Filipino American Human Rights Alliance and the Ecumenical Advocacy Network on the Philippines.

 

Other Philippines-focused groups such as Gabriela-DC and the International Coalition on Human Rights in the Philippines-US were participated as well. The event represented a step for Philippines-focused groups with various different ideological roots working together. Video of the action went viral in the Philippines, and has garnered nearly 470,000 views. Since that time our executive director, David Borden, has been a go-to person about the drug war for demonstrations organized by Filipino American groups.

Facebook Live video:

 

      

(photos and video done by event cosponsor DCMJ)

 


Global Sign-On Statement

In the lead up to the November 2017 Summit of the Association of Southeast Asian Nations (ASEAN), which was hosted by Duterte in the Philippines, we organized a global sign-on statement which calls for a UN-led investigation of the drug war killings; for the leaders of ASEAN member states and other world leaders attending to speak up about the issue; and for international aid donor governments to impose human rights conditions on law enforcement assistance to the Philippines, while funding positive programs that could serve as an alternative to the Philippine drug war, and funding the work of human rights advocates.

 
InterAksyon article

Nearly 300 NGOs and prominent individuals endorsed the statement. Of the 240 NGO endorsers, more than 50 are based in Asia, including a majority of ASEAN member states as well as India, Pakistan and Sri Lanka. There are also several Asia-wide networks devoted to issues such as HIV, transgender and drug user concerns, and youth democracy activism.

Some notable signatories on the document include the National Organization for Women (NOW), Doctors of the World, the Free Legal Assistance Group (FLAG, a nationwide Philippines human rights lawyers group founded during the Marcos dictatorship years), Treatment Communities of America, prominent human rights advocate and actor of MASH fame Mike Farrell, former police chief of Seattle Norm Stamper, and others.

A political component of the statement's outreach efforts, which was in its early stages at the time of the statement's release, secured endorsements from legislators in Canada, Italy, Cambodia, and Washington State, as well as other political and governmental officials from Singapore, Canada and the UK.

The statement was covered by four important Philippines news outlets:

The Interaksyon article credited our coalition with renewing global calls for a UN-led probe into the drug war killings.


Legislative Lobbying

 
 
April 2018 lobbying coalition

A bipartisan bill in the US Senate, "The Philippine Human Rights Accountability and Counternarcotics Act of 2017," would enact human rights conditions on some law enforcement assistance to the Philippines, based on certifications by the US State Dept., while funding public health programs to address substance issues as well as human rights work. There is similar language in the current version of the Senate Foreign Operations Appropriations bill. We are working with a coalition that includes Filipino American organizations and faith networks, to pass this legislation as part of the upcoming appropriations process, or if not then later during the 2018 session of Congress.

In April 2018, StoptheDrugWar.org's executive director David Borden was invited to join a lobbying group that included advocates visiting from the Philippines as part of the Stop the Killings Speaking Tour 2018 of the Caravan for Peace and Justice for the Philippines, as well as representatives of Filipino American organizations, faith groups participating in the Ecumenical Advocacy Days the weekend before, and others. Key organizers of the lobbying effort were the Ecumenical Advocacy Network on the Philippines and the International Coalition for Human Rights in the Philippines US Chapter. Borden is regularly asked by Filipino American advocates to address the drug war in meetings and demonstrations.

An update and action alert we published is online here, and includes information on what the most key states and congressional districts are. We have a write-to-Congress form supporting S. 1055 online here.

  

We view this legislation as important not only for its potential impact on the Duterte administration's political cost-benefit analysis on this issue, but also because of the inconsistent approach to the matter taken by the current US administration. While the State Department has raised some concerns about the drug war killings, President Trump has made comments which seem to green-light them.

Specifically, in December 2016 Trump and Duterte spoke on the phone, after which Duterte claimed that Trump praised his drug policies. While Duterte could have made that up, the Trump team never rebutted the claim.

After Trump and Duterte spoke again in April 2017, a statement on the White House web site said they discussed " fighting very hard to rid its country of drugs," with no qualification of that statement to exclude extrajudicial killings from Trump's apparent praise. A transcript of the April conversation leaked to Rappler quotes Trump congratulating Duterte for doing an "'unbelievable job' in the war on drugs."

Finally, Trump was silent about the issue during his appearance at the ASEAN Summit, at least publicly. A White House spokesperson said that Trump and Duterte talked briefly about human rights, but did not elaborate. Duterte has recently claimed that a White House visit is in the works, pending scheduling.


Coalition Building

As the above sections show, we have actively sought partners in this campaign, both in the Philippines and in the Filipino American community, including groups spanning a range of the ideological spectrum. But we have also sought to bring others in to the effort -- from drug policy reform, international criminal justice advocacy, the anti-death penalty movement and others.

 

In March before heading to Vienna for our event with Senator Trillanes, we organized a panel for the Students for Sensible Drug Policy conference in Baltimore, "Human Rights Challenge, Responding to extrajudicial killings in the Philippines." Our panel featured Eric Lachica of US Filipinos for Good Governance; and Shamah Bulangis and Justine Balane, National Secretary General and International Secretary respectively of Akbayan Youth, who are also SSDP Ambassadors for the Philippines.

The panel was well attended, and following it, we brought signs from Philippines-related demonstrations (our 2/28 embassy protest and others) to the plenary hall, where conference attendees, following a group picture, took a second group pictures with the signs, while holding hands up in a Philippines protest symbol. The photo, posted to Facebook by an attendee, went viral in the Philippines.

The energy of the event and level of interest in this campaign that was shown there, following our successful protest a week earlier, makes us believe that a larger movement can be built on this issue, capable of bringing greater pressure on the Duterte administration over the killings. Please subscribe to our email list to be updated as plans progress, and feel free to contact us directly in the meanwhile.

David Borden met with members of the Filipino American Human Rights Alliance San Francisco chapter in July 2018. In this video, filmed by FAHRA leader Ago Pedalizo, Borden remarks on the recent awarding of the prestigious "Prize for Freedom" award to Senator de Lima:


These efforts, which continue into 2018, are part of a global drug policy reform program StoptheDrugWar.org has pursued decisively since fall 2014. Much of that involves the United Nations, and our 501(c)(3) US nonprofit organization, DRCNet Foundation Inc., is an accredited NGO in Special Consultative Status with the UN's Economic and Social Council (ECOSOC).

Our international drug policy program is headed by our founder and 24-year executive director, David Borden, who tweets as @stopthedrugwar, and who starting in the near future will tweet on Philippines matters as @BordenUNEventPH. In the near future our organization's blog and newsletter will have a significant focus on the Philippines as well. Our Philippines-related content can also be accessed through our category archive at https://stopthedrugwar.org/philippines.

– END –


 
 
 
 
 
 
 

CA Local Voters Approve More Legal Pot Shops, Filipino Drug War Continues, More... (11/15/22)

The Gallup organization looks at which groups support or oppose marijuana legalization, most Oregon residents will be ale to access nearby psilocybin therapy centers, and more.

More store fronts like this will be coming to Southern California soon. (Creative Commons)
Marijuana Policy

Gallup Poll Draws Links Between Marijuana Views and Ideology, Religiosity, and Age. In its latest poll of attitudes toward marijuana, taken in October, Gallup finds that support for legalization remains steady at 68 percent. The polling organization also combined data from the last five years to examine which demographic, social, and political groups strongly support it or strongly oppose it.

Subgroups whose support for legalization exceeds the national average by at least 10 points include those with no religious preference (89%), self-identified liberals (84%), Democrats (81%), young adults (79%) and those who seldom or never attend religious services (78%). Subgroups whose support for legalization was more than 10% below the national average include those who attend church weekly (46%), conservatives (49%), Republicans (51%), older adults (53%) and Hispanic adults (56%).

California Voters Approve Ballot Measures to Expand Pot Shop Sales. Voters in a localities across the state voted last week to approve 12 ballot measures that will either expand or create legal retail marijuana markets. The victories, mainly in Los Angeles and San Diego counties, should result in 70 new retail marijuana sales licenses, along with opportunities for ancillary businesses. Los Angeles County should see 25 new retail licenses, while San Diego County should see 20 more. But while 12 communities approved expansions, another half-dozen rejected them. The votes to ease access to adult use marijuana comes as the state's legal marijuana sector struggles to expand amidst high taxes, local bans and hindrances, and a black market that refuses to go away.

Psychedelics

Oregon's Rural Voters Reject Therapeutic Psilocybin Centers but Most Oregonians Will Have Access. On Election Day last week, 27 counties and 114 cities and towns asked voters to approve moratoria or bans on psilocybin therapy centers, which were approved by voters statewide last year. In almost every instance, voters rejected the therapy centers, but those areas account for only a small fraction of the state's population, and most Oregonians will have local access to such facilities. , Nearly three out of four of the state's 4.2 million residents live in localities where the centers are approved, including 17 of the state's most populous cities and 11 counties, including all of the most populous ones.

International

Philippine Police Force Lowballs Drug War Killings in Post-Duterte Era. The Philippine National Police (PNP) said Monday that they have arrested more than 22,000 people in a new drug crackdown under President Ferdinand Marcos Jr. PNP Chief Rodolfo Azurin Jr. claimed that police had made efforts to reduce the use of lethal force and that only 46 people had been killed in their anti-drug operations since Marcos took office at the end of June. That figure is belied by numbers from the DAHAS database of drug war killings, which puts the death toll at 127 since Marcos took office, including 29 in October and seven more in the first week of November alone.

While the numbers reported killed under Marcos are a substantial reduction from the pace of killings under Duterte -- human rights groups estimate more than 30,000 people were killed during his bloody war on drugs -- they still represent an unacceptably high level of state violence directed at drug users and sellers. Still, Azurin patted himself and his police force on the back, claiming his reported death toll was "very minimal."

"The Continuing Detention of Senator Leila de Lima," side event at UN Human Rights Council, Geneva and Online

On Tuesday, October 4, 2022, we held our first side event at the UN Human Rights Council in Geneva. The event featured a statement by prerecorded video from Senator Risa Hontiveros of the Philippines. Father Albert Alejo, a leading human rights advocate from the Philippines who is currently based in Rome, hosted the event in person. Vicente de Lima, brother of imprisoned Philippine former Senator Leila de Lima, spoke live.

News coverage we know about:

Statement of Senator Hontiveros:

full event footage:

Human Rights in the Philippines: The Continuing Detention of Senator Leila de Lima

side event for the 51st Session of the UN Human Rights Council
Room XXV, United Nations Office at Geneva, and online
Tuesday 4 October 2022, 3-4pm CET / 9-10pm PHT / 9-10am ET

online via Zoom, registration at https:/stopthedrugwar.org/global/or https://us02web.zoom.us/meeting/register/tZMocOyupj4qE9INDq4OqGL71jsyyRFjvVIQ

live streaming on Facebook and YouTube

speakers:

Senator Risa Hontiveros, Republic of the Philippines (prerecorded video)
Vicente de Lima, brother of Leila de Lima
Father Albert Alejo, S.J., faculty at Pontifical Gregorian University, Rome

moderated by:

David Borden, Executive Director, DRCNet Foundation AKA StoptheDrugWar.org
Marco Perduca, Associazone Luca Coscioni and former Senator, Italy

The "Broken Chair," United Nations Office at Geneva
Last 24 February, Senator Leila de Lima marked five years of incarceration in the Philippines. Under the administration of recently-elected President Ferdinand Marcos Jr., de Lima remains jailed, despite not being convicted of a crime, and despite the recantations of three key accusers, who say they provided testimony because of pressure.

In the meanwhile, the extrajudicial drug war killings begun by former President Rodrigo Duterte continue. The Office of the Prosecutor (OTP) of the International Criminal Court, after pausing its investigation following a Duterte administration treaty motion, has sought court authorization to resume. But the Marcos administration has rejected the investigation and said it will not cooperate.

In "The Continuing Detention of Senator Leila de Lima," speakers will review her case, and the larger human rights situation in the Philippines.

This is a side event organized for the 51st session of the UN Human Rights Council. It is organized by DRCNet Foundation, a US-based NGO in consultative status with the UN Economic and Social Council, with cosponsor Associazone Luca Coscioni. Visit https://stopthedrugwar.org/globaland https://stopthedrugwar.org/philippines for information on our international programs. Email [email protected]or call +1 202-236-8620 for further information about this event.

-- END --

Geneva
Switzerland

Colombia President Tells UN Drug War Must End; Good MA, MO Pot Polls, More... (9/20/22)

The Missouri Democratic Party can't bring itself to endorse the marijuana legalization initiative, clashes between coca grower union factions in Bolivia continued for another week, and more.

Colombian President Petro remains on message about ending the war on drugs. (Creative Commons)
Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization Ballot Question. A new Goucher College poll consisting mostly of likely voters has support for the Question 4 marijuana legalization ballot question at 59 percent, with 34 percent opposed and seven percent undecided. The ballot question is a legislatively-initiated measure that would legalize recreational marijuana for adults. If it passes, a bill already passed by the House that would allow for the possession of up to 1,5 ounces of marijuana would be legalized and between 1.5 and 2.5 ounces of marijuana would be decriminalized.

Missouri Poll Has Strong Support for Marijuana Legalization Initiative. A new SurveyUSA poll of registered voters has support for the  Amendment 3 marijuana legalization initiative at 62 percent, with 22 percent opposed, and 16 percent undecided. If these numbers hold true, even if all undecideds decided to vote against the initiative, it would still win.

Missouri Democratic Party Declines to Endorse Marijuana Legalization Initiative. The state Democratic Party has decided to maintain a stance of neutrality on the  Amendment 3 marijuana legalization initiative. The party said that while it supports marijuana legalization, it is concerned that the measure "may negatively impact minorities, people of color, and low-income earning Missourians,"in a news release Monday. "Democrats have concerns about the expungement provisions laid out in the amendment, as well as making it difficult for those who do not currently have a license to enter the industry,"the party said. The initiative gives existing medical marijuana businesses a head start on recreational licensing, and that, too, is causing concerns among Democrats.

International

Colombia President Tells UN Democracy Will Die in World Doesn't End Drug War, Pursue Different Strategy. Colombian President Gustavo Petro told the UN General Assembly Tuesday that "democracy will die" if world leaders don't come together to end the current war on drugs. "The war on drugs has failed," he said. "The war on drugs has lasted 40 years. If we do not correct the course, and this continues another 40 years, the United States will see 2.8 million die of overdoses [from fentanyl], which is not produced in our Latin America,"he said. "You will see millions of African Americans be imprisoned in their private prisons. The [Black] prisoner will become a business of prison companies." Petro has previously said the war on drugs has left a million people dead in Latin America, and at the UN on Tuesday, he warned that if current policies continue, another million would die and "they will fill our lives with blood."

Another Week, Another Coca Clash in Bolivia. The two competing factions of coca growers seeking control of the Adepcoca coca growers' union clashed with stones in central La Paz Monday after separate marches into the city. On one side is a faction led by Arnold Alanes, which is close to the government and operated an officially unsanctioned "parallel" coca market in La Paz until it was burned down two weeks ago by member of a faction led Freddy Machicado, who is currently in jail after being arrested for the destruction of the "parallel" market. 

Federal Bill to Help Small Pot Growers, UN Report on Philippines, More... (9/14/22)

Bolivia coca conflict continues, the back and forth over the Arkansas marijuaan legalization also continues, and more.

Reps. Earl Blumenauer (D-OR) and Jared Huffman (D-OR) have a plan to help small marijuana producers. (Creative Commons)

Marijuana Policy

Arkansas Secretary of State Declares Marijuana Legalization Initiative "Insufficent." Secretary of State John Thurston (R) declared Tuesday that the Responsible Growth Arkansas marijuana legalization initiative is "insufficient" to appear on the ballot the State Board of Election Commissioners did not certify the ballot title and popular name of the measure. But the measure will appear on the ballot nonetheless because the state Supreme Court last month ordered its conditional placement on the ballot while it takes up the issue. It has yet to issue a final ruling on whether the vote will count.

California, Oregon Congressmen File Bill to Allow Small Growers to Sell Direct to Consumers Across State Lines. Rep. Jared Huffman (D-CA) and Earl Blumenauer (D-OR) have filed a bill to help small marijuana growers compete against large corporations by allowing them to ship and sell their product directly to consumers across state lines once marijuana is federally legalized. The bill is the Small and Homestead Independent Producers (SHIP) Act, which is yet to receive a bill number.
 

International

Bolivia Coca Conflict Continues. Last week, union coca growers opposed to an officially unsanctioned "parallel" legal coca market burned it to the ground, but this week union coca growers who supported the destroyed market sold coca leaves on its steps, demanded the government declare theirs is the only legitimate coca market, and announced another round of mass mobilizations to demand justice. The battle pits the government-allied coca growers of the Arnold Alanes bloc against growers from the Departmental Association of Coca Producers (Adepcoca) led by Freddy Machicado. The conflict is now nearly a year old, dating from the election of Alanes as the leader of Adepcoca, but the Machicado faction rejects his authority.

UN Report Calls for Philippines to Take New Approach to Drug Policy. 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 Tuesday 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 program on human rights that is being implemented with Government agencies, the national human rights institution and civil society. 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. The report highlights "limited oversight of human rights investigations, inadequate investigation capacity and inter-agency cooperation, limited forensic capacity and protracted judicial processes."

The Philippines has admitted to more than 5,000 drug war killing by police during the recently-ended term of Rodrigo Duterte, but human rights groups put the death toll in the low tens of thousands.

Philippines President Promises to Dial Back Deadly Drug War. Newly-installed President Ferdinand Marcos Jr. has vowed to pursue a less violent and punitive approach to drug problem after the drug war unleashed by his predecessor, Rodrigo Duterte, left tens of thousands dead and little accountability. The war on drugs will continue, but we will have to do it a different way," Marcos said. "In fact, right now, we are trying to formulate what is the best way for the rehabilitation program. These are all being formulated." The new anti-drug campaign will emphasize "the upstream of the problem, the prevention," he added. While Marcos's remarks point to a break with tough Duterte-era policies, he stopped short of any explicit condemnation of his bloody policies. 

San Francisco DA's Misdemeanor Drug Crackdown, Philippine Rejects ICC Investigation into Drug War Killings, More... (9/9/22)

Seattle makes a move on marijuana equity, Bolivian coca growers get rowdy, and more. 

San Francisco DA Brooke Jenkins is moving to crack down on open air drug use and selling in the Tenderloin. (Creative Commons)
Marijuana Policy

Seattle City Council Approves Marijuana Equity Legislation. The city council has approved a package of marijuana equity legislation, including a measure that anticipates the city issuing new "social equity licenses" for city marijuana businesses. The package is the result of months of work by the Social Equity in Cannabis Task Force to address the lack of diversity in the industry in the city. Mayor Bruce Harrell (D) called the package "historic," but also noted that "this is a first—but necessary—step toward equity long overdue in the cannabis industry." The program should put the city in line with forthcoming state rules that will require at least 51 percent ownership by individuals "who have resided in a disproportionately impacted area" where there have been factors like a high poverty rate or a "high rate of cannabis-related arrest, conviction or incarceration” to qualify for the special licenses.

Drug Policy

San Francisco DA Announces New Misdemeanor Drug Policy. New District Attorney Brooke Jenkins has announced a new misdemeanor drug policy that will require mandatory drug treatment for people who have five misdemeanor drug possession citations. The move of part of Jenkins' efforts to move against open-air drug use and drug selling, especially in the city's Tenderloin district. "What we are doing is SFPD has begun citing individuals that are engaged in public drug use," Jenkins said. "Both injecting and smoking, pipes, fentanyl, methamphetamines. When a person reaches five citations for that public drug use that is when we file a complaint that we forward to our community justice centers, so that we can connect that person with resources for treatment."

The ACLU of Northern California has some concerns: "One is that it seems to be a backtracking of the statement the DA made a few weeks back saying that she would not prosecute possession or paraphernalia cases. This is saying, you do this five times we’re going to arrest you. Then we’re going to put you through the criminal legal system, which we know and have seen in the past, it is not the best place to put people into recovery," said Yoel Haile, Criminal Justice Program Director for the group.

International

Bolivia's Coca Grower Conflict Continues as Yungas Growers Burn "Parallel" Market in La Paz. The conflict between pro- and anti-government coca grower union factions escalated Thursday as thousands of farmers from the Yungas region broke through police lines, marched into La Paz, and burned down a "parallel" coca market. The protestors attacked with dynamite, firecrackers, and Molotov cocktails. The country has only two officially sanctioned legal coca markets, in La Paz and Cochabamba, but a pro-government faction of a coca grower union opened the "parallel" market in La Paz last October. The coca growers that burned down the market say the government should have shut it down. "The government and its ministers are responsible for this," coca leader Esar Apaza said, adding that the Yungas coca growers would not go home until the government resolves the conflict.

Philippine Government Rejects ICC Request to Resume Investigation of Duterte's Drug War Crimes. The government of Ferdinand Marco Jr. on Thursday rejected a request from the chief prosecutor of the International Criminal Court to resume an investigation into thousands of drug war killings that took place under his predecessor, Rodrigo Duterte. The ICC authorized a full investigation into Duterte's drug war last September but suspended the investigation after the Philippines said it would conduct its own review. In August, the ICC asked Manila to respond to its request to reopen the investigation, and now it has a response from the Philippines Office of the Solicitor General, which says that the international court "has no jurisdiction" over the Philippines. "The alleged murder incidents that happened during the relevant period do not constitute "crimes against humanity,'" the agency said in a statement. Philippine authorities have admitted killing roughly 8,000 people as part of Duterte's drug war, but human rights groups put the actual toll at three or four times that. Only three people have been convicted of killings in the drug war, and the government has conceded that in another 52 deaths, police may have used excessive force. 

Psychedelic Use Increasing in US, Colombia Looks to Cocaine Decriminalization, More... (8/22/22)

A Swiss pilot program allowing legal marijuana sales will begin in three weeks, Colombia's president plans a drug decrime move, and more.

LSD blotter paper (Creative Commons)
Psychedelics

New Study Estimates Over 5.5 Million US Adults Use Hallucinogens. Hallucinogen use has increased since 2015, overall, and particularly among adults 26 and older, while use decreased in adolescents aged 12 -- 17 years, according to a new study by researchers at Columbia University Mailman School of Public Health and Columbia University Irving Medical Center. An estimated 5.5+ million people in the US used hallucinogens in the past year, in 2019, which represents an increase from 1.7 percent of the population aged 12 years and over, in 2002, to 2.2 percent, in 2019. LSD use between 2002 and 2019 increased overall and in all age groups, with the past 12-month rate increasing from 0.9 percent in 2002 to 4 percent in 2019 for those 18-25 years of age. PCP use between 2002 and 2019 decreased, as did the drug Ecstasy since 2015. The study is the first to provide formal statistical analyses of trends in the prevalence of hallucinogen use overall and by age groups during the last two decades. The findings are published online in the peer-reviewed journal Addiction.

International

Colombia's New President Set to Move on Cocaine Decriminalization. The government of new President Gustavo Petro is now proposing an end to "prohibition" and the beginning of a government-regulated cocaine market. Working through both national legislation and alliances with other leftist governments in the region, the Petro government hopes to make the country a laboratory for drug decriminalization. Felipe Tascón, Petro's drug czar, said Colombia hoped to take advantage of the new regional power configuration, where leftists control the governments of the trio of cocaine producing countries (Bolivia, Colombia, Peru) and plans to meet with his regional counterparts on the issue with an eye toward forging a unified regional bloc to take on the international drug conventions at the United Nations. Tascón also said the administration would back legislation to decriminalize both cocaine and marijuana, as well as ending aerial spraying and manual eradication of coca crops. He said that regulating cocaine sales would allow the government to wrest control of the market from drug traffickers and armed groups.

Swiss Pilot Project on Regulated Marijuana Sales Begins Next Month. A pilot project that will see marijuana sold through pharmacies to some 370 study participants is set to begin September 15. The "Weed Care" program will allow participants to legally buy marijuana from nine shops in Basel. Health officials hope the trial will help address political questions about marijuana regulation. Study participants are all current marijuana users who must fill out surveys throughout the 30-month study. "It's not about full legalization -- but regulation -- where consumption is possible in a protected setting. That's what we want to test now," said Lukas Engelberger, medical director for Basel.

AR Legalization Init Has Enough Signatures, UN Experts Criticize Singapore Drug Executions, More... (7/29/22)

Marijuana seizures at the US-Mexican border are down again, Colombia's Gulf Clan is escalating its attacks on police as it jockeys for position in upcoming negotations, and more.

San Francisco could become the largest US city to decriminalize psychedelics. (Creative Commons)
Marijuana Policy

Feds Report Significant Year-Over-Year Decline in Marijuana Seizures at the US Border. The amount of marijuana seized at the US-Mexico border has dropped dramatically this fiscal year, with seizures averaging 408 pounds a day, down from an average of 874 pounds a day during FY 2021, according to the Department of Homeland Security. Other drug seizures at the border are up, but the decline in marijuana seizures is part of a consistent downward trend in recent year. As the DEA has noted, "In US markets, Mexican marijuana has largely been supplanted by domestic-produced marijuana."

Arkansas Marijuana Legalization Initiative Set to Qualify for Ballot. State officials have confirmed that a marijuana legalization initiative from Responsible Growth Arkansas has submitted enough valid voter signatures to qualify for the November ballot. But the state Board of Election Commissioners must first approve the popular name and ballot title of the measure. It would legalize the possession of up to an ounce by people 21 and over, but not home cultivation. It would also set up a system of taxed and regulated marijuana commerce.

Psychedelics

San Francisco Psychedelic Decriminalization Resolution Filed. Supervisors Dean Preston (D) and Hillary Ronen (D) have filed a resolution to decriminalize psychedelics such as psilocybin and ayahuasca. The resolution also calls for broader statewide reform. If the resolution is passed, San Francisco would be the most populous city in the country to decriminalize psychedelics.

International

Colombia's Gulf Clan Trafficking Group Stepping Up Attacks on Police. The Gulf Clan, the country's most powerful drug trafficking organization, is stepping up a campaign of violence against police that began in May, when its leader, Dario Antonio Usuga, known as "Otoniel," was extradited to the United States to face trafficking charges. But now, as the country approaches the transfer of power from conservative President Ivan Duque to leftist former guerrilla Gustavo Petro, is ratcheting up the violence, apparently in a bid to bolster its prospects in potential negotiations with the new government. At least 25 police officers have been killed by the Gulf Clan, 12 of them in the last month, and three in just the past week.

UN Experts Call for Immediate Moratorium on Singapore Executions for Drug Offenses. UN experts have condemned the execution of Nazeri Bin Lajim, a 64-year-old Malay Singaporean national convicted of drug offenses and urged the Government of Singapore to halt plans to execute individuals on death row for drug-related charges. There has been a sharp rise in execution notices issued in Singapore this year.

Nazeri Bin Lajim was arrested in April 2012 and convicted for trafficking 33.39 grams of diamorphine under the 1973 Misuse of Drugs Act in September 2019. The mandatory death penalty was subsequently imposed in his case and enforced on 22 July 2022. "Under international law, States that have not yet abolished the death penalty may only impose it for the 'most serious crimes', involving intentional killing," the experts said. "Drug offences clearly do not meet this threshold."

The experts reiterated that, as per the Working Group on Arbitrary Detention's report on arbitrary detention relating to drug policies andits subsequent jurisprudence, imposing the death penalty for drug-related offenses is incompatible with international standards on the use of the death penalty.

What Comes Next in the Philippine Drug War and Will Duterte Pay for His Crimes? [FEATURE]

As the month of June came to an end, so did the term in office of Philippines President Rodrigo Duterte, notorious for presiding over a bloody and still-continuing "war on drugs" that has left more than 30,000 dead at the hands of police and shadowy vigilantes, according to Filipino and international human rights organizations. Duterte's human rights violations sparked the interest of the International Criminal Court (ICC), whose Office of the Prosecutor (OTP) opened an investigation into the matter last year.

ICC headquarters, The Hague, Netherlands
Following a formal request by the Duterte administration in November, OTP paused the investigation in order to reevaluate whether government's accountability efforts touted by the administration were sufficient and credible. Late last month OTP requested court authorization to resume it.

Replacing Duterte is Ferdinand Marcos, Jr., known as "Bongbong." Marcos comes with his own baggage; he is the son of former Philippines dictator Ferdinand Marcos and his wife Imelda, infamous for her shoe collection. And his vice president is none other than Duterte's daughter, Sara Duterte. Between them, the pair provide a double dose of strongman genes for a population that has proven eager to embrace them.

With the Duterte government now in the rear view mirror, the question now are what happens next in the Philippine drug war and will there ever be justice for the crimes of the past six years?

In a parallel event to the UN High-Level Political Forum on Sustainable Development on Thursday, "Building Back with Justice? Marcos, Duterte, the ICC, and the Philippine Drug War," took on those issues. Sponsored by DRCNet Foundation (also known as StoptheDrugWar.org -- publisher of this newsletter), a US-based NGO in consultative status with the UN Economic and Social Council, and the Italy-based Associazone Luca Coscioni, the event was moderated by StoptheDrugWar.org executive director David Borden and Italian former senator Marco Perduca of the Associazone. The event focused on Goal 16 of the 2030 Sustainable Development Goals, "Peace, Justice and Strong Institutions."

In the virtual event conducted via Zoom, participants heard from three Filipino experts: human rights activist Justine Balane, Ruben Carranza of the International Center for Transitional Justice, and Dr. Aurora Parong of the Philippine Coalition for the ICC and the Philippines branch of Amnesty International.

"One of the goals is #16, is peace, justice, and strong institutions. Issues like human rights, accountability and so forth fall within that topic," said Borden, who noted, "Our first event held in March 2017 at the Commission on Narcotic Drugs in Vienna, where we were privileged to present a video from then Vice President Leni Robredo, a video which became controversial in the Philippines due to attacks being made on her for it by political opponents. Robredo was in the first year of her term as vice president, having narrowly defeated Bongbong Marcos to win that post."

"I will lastly note it's nearly 5 ½ years since then Senator Leila de Lima was jailed [on bogus charges for criticizing Duterte's drug war], and we share the widespread hopes in the international community that she will be released soon, particularly since... three of her key initial accusers have recanted their accusations and stated that they were made under pressure."

Perduca followed with a short history of the ICC, explaining that the core crimes with which it is concerned are war crimes, genocide, and crimes against humanity, with the crime of aggression added later.

"The court has jurisdiction over countries that have signed and ratified or have acceded to the treaty, and have... put in place all the necessary measures to... allow the court to take action if local authorities are unwilling or unable to pursue alleged criminals, at any level of the state hierarchy," he explained. "[W]e have made the case before competent authorities at the ICC... that the way in which the war on drugs in the Philippines had been waged amounted to crimes against humanity. It was massive and systematic, and it was the result of a specific order given by someone in charge... The Philippines was party to the treaty until a few years ago [when Duterte withdrew from it], so some of those heinous actions still fall under the jurisdiction of the ICC."

The new boss looks too much like the old boss, according to Balane, who in his day job serves as Secretary General of the organization Akbayan Youth.

"In the first half of the year, during the campaign season, the streets were blaring with the jingle of the new president and vice president, which started with the lines "Bagong Pilipinas, Bagong Mukha." It roughly translates as new Philippines and new faces," he said. "But in reality, it's not. In the first half month under Marcos and Duterte, we're been shown the same drug war tactics and the same level of government oppression... The killings haven't stopped with Duterte leaving... and how the killings have remained largely uninvestigated, and the killers let loose under Duterte and possibly Marcos."

"Data from the University of the Philippines (UP) Third World Study Center show that there have been 155 deaths for the first half of the year," Balane noted. "Even in Duterte's final year in office, the killing of children in the drug war continued... [including] two children in the last month of Duterte in Malacanang (the Philippines' executive branch headquarters)." In UP's research, from January to July 2022, 68 of the deaths were carried out by state agents... I'm relying on this UP data because there is a huge underreporting crisis on drug war numbers... This year, before Duterte left office, the Philippine Drug Enforcement Agency reported that there have been a total 6,248 drug war deaths since Duterte took office. This is a figure that is at least 24,000 lower than the estimates of the Philippine Commission on Human Rights and other human rights groups... [I]t's even lower than the figure provided by the office of Duterte... [I]n 2017... the presidential office... admitted... that the drug war killed 20,000 people and listed in its annual accomplishments report, under the section 'fighting illegal drugs in 2017.' This... report became the basis of the Supreme Court order to the Duterte government to explain and release data on the 20,000 deaths which could be state sponsored," Balane said.

Balane was critical of the Duterte government's claim that it would investigate the killings, obviating the need for the ICC to step back in.

"Last year... the Philippine Department of Justice vowed to the international community that they are able and willing to conduct a domestic review of the drug war cases, just to show that the justice system is still working... But this year, the Department of Justice announced to the United Nations that only four cases have led to actual new prosecutions. Imagine that!" he exclaimed. "Four cases out of more than 30,000 reported or suspected cases under the drug war... [T]hat's showing this government has been noncommittal and not... serious about its obligations to the international community, not upholding its human rights obligations."

The Duterte government clearly failed to pursue the police and shadowy vigilante groups behind the killings, Balane said.

"To date, there remains only one case that has led to a guilty verdict against killer cops, and that was in 2018... That's because the norm is of acquitting and letting killer cops go scot-free... Seriously, the prospects of investigation bringing to justice the cases and the killings that happened under the Duterte admnistration remain bleak."

Balane was not optimistic about the prospects under the new Marcos administration.

"As we enter Bongbong Marcos's presidency, one person a day is killed, approximately. This is according to [UP data]... An official of the Marcos government also vowed that the drug war will be as intensive as before. Even President Marcos himself during the campaign trail said that he would continue the drug war with the same vigor but a different approach. But we continue to question the government's seriousness to put into law any program that is an alternative to what the law enforcement agencies have already been accustomed to under Duterte, because they have already been so comfortable with getting away with their crimes," he charged.

As early as 2017, Senator Risa Hontiveros of Akbayan already filed a bill in the Senate providing a framework for a public health approach on the drug problem. But until now there has been no push from others in the Senate or anyone else in the legislative chamber or the executive to pass it or adopt elements of it highlighting harm reduction instead of the punitive, violent and largely failed approach of the Duterte administration."

Balane concluded by noting, "Marcos Jr., who sits in the office of the president, refuses to be accountable for the extrajudicial killings that happened under his family's regime in the '70s.

"It's important to note that the drug war is not over," said Carranza of the International Center for Transitional Justice. "There's this famous quote from The Wire, that TV show about drug wars, that 'drug wars are not actual wars, because drug wars never end.'

Carranza explained, "On the first day of Ferdinand Marcos Jr. as president... there were drug war killings in the University of the Philippines... involving two brothers who were... from a very poor family... The brothers were invited by a supposed friend to help fix a car, but instead they were taken by plainclothes armed men in a car that was unmarked, taken from the university, and then their bodies were found two days later," he noted.

"I mention this because... part of what Duterte unleashed has been the creation of a national death squad that has now come to exist apart from Duterte himself... [So] I don't think we can reckon with accountability in the drug war based on who the president of the Philippines is. It's important to look at the institutions that enforce the drug war, both the formal state institutions, the Philippine National Police, and the non-institutional and yet much more powerful creations that the drug war has led to. A death squad that used to be local -- Davao City -- has become national under Duterte, and this national death squad continues." "Vicente Danao, the current police chief, was Duterte's former police chief in Davao City. Vicente Danao has a record, not just of being involved in the drug wars in Davao, but also domestic abuse, for which he was exposed by his wife and had to take a leave from his police duties in Davao -- until Duterte, of course, forgave him and said that he will back him up," Carranza explained.

"Vicente Danao is likely to be one of those that, if the prosecutor goes ahead with the investigation that has already been authorized previously by the pre-trial chamber of the ICC.. [will] be investigated," he continued. "It's difficult to say at this point whether Vicente Danao, or anyone else for that matter, will be charged. But obviously those who have been linked to the death squad in Davao, and now operate on a national scale, are likely to be those who will be investigated and potentially charged. This isn't only because of their links to the death squads in Davao and then nationwide. This is also because the ICC prosecutor, with the approval of the pre-trial chamber, has actually extended the coverage of the investigation of the Philippines drug war to the period when Duterte was mayor of Davao, in other words after the ICC treaty took effect for the Philippines in 2011, and years before Rodrigo Duterte became president... During this period, Rodrigo Duterte was mayor, but there were periods when his daughter was mayor of Davao because they took turns being mayor."

It's important to remember... that the International Criminal Court is not the only institution that can pursue accountability for the drug war. It's important to remember that prosecution is not the only measure by which extrajudicial killings, crimes against humanity committed in the drug war, can be pursued and those behind them be held accountable. Justice doesn't only equate with courts; justice can be pursued elsewhere, outside of courts," Carranza argued.

"There are two ways in which I think accountability and justice for the drug war can be pursued even outside of the International Criminal Court process. One is through a truth-telling process that can be organized at the local level, perhaps at the community level in the Philippines among the urban poor communities that have been targeted by the drug war," he said. "Part of that work is being done now by priests like my friend Father Flavie Villanueva and the exhumations and the reburials and cremations of those whose bodies were buried in cemeteries whose families cannot afford to... pay for the burial plots. That process of removing remains and then having -- my friend as well, one of the forensic pathologists in the Philippines, Dr. Raquel Fortun -- exhume and examine the bodies, conduct autopsies -- is a truth-telling process. It's important for the international community to support that, because this not only empowers communities, empowers families of the victims into acting on their demands for justice, but gives them some hope that even if there's no formal state process that seeks accountability within the Philippines, even if the ICC prosecutor will take longer to actually conduct the investigation, and even if... the ICC as a court cannot proceed because the Philippines does not cooperate... that there are local processes going on that are outside of court processes," he said.

"The second approach to justice for the drug war involves reparations for families of the drug war victims. Reparations isn't new in the Philippines; the Philippines actually passed a law in 2013... to provide reparations for victims of the Marcos dictatorship."

Carranza pondered, "It is possible to give reparations to be given to victims of the drug war, but it is possible under Marcos? ... The sister of Ferdinand Marcos Jr., a senator, Imee Marcos, actually supported a bill that became a law... that gave reparations for those who were victimized and displaced in the siege in Marawi City involving a conflict between a violent extremist group in the Philippine south and the government," Carranza continued.

"But will Marcos Jr. pursue the killings, pursue accountability of those involved in the killings in Duterte's drug war? That is a question that will be fully answered over time, but two things we need to take into account: Marcos Jr. is no stranger to maintaining impunity. He and his family have an interest in maintaining the impunity of Duterte, because any action that might open accountability of presidents past, and even further in the past, will obviously reopen questions around the accountability of the Marcos family," he argued. And "The Marcoses will defend their ill-gotten wealth for as long as they can."

Finally, Carranza argued, "Marcos Jr. will say what the global north's elites will want to hear, what the west, particularly the Europeans in the western part of Europe want to hear, that he will pursue accountability for human rights violations. He has said this... That he will pursue preventive health-related policies for drug users... This is, of course, appealing to Westerners, but does not deal with the root causes of drug use in urban poor communities in the first place, and the economic and social rights violations that then lead to drug use in the Philippines."

Parong and the Philippine Coalition for the ICC are not giving up on the international community.

"The [coalition] is calling on the UN to review and assess the effectiveness of its technical assistance, and review its decision not to probe into the war on drugs. Given the findings of Dr. Raquel Fortun, and of course also the statement of Prosecutor Khan of the ICC that there is no effective investigation, and looking into the systematic nature of the crimes... and therefore have called for the UN Human Rights Council to review its decision..." she said.

"There should be key result areas, or impact assessment of its assistance to the Philippines. Perhaps one would be effective prosecution of perpetrators of the killings in the war on drugs, and then a result that should be achieved. Because there should be changes in the behavior and values of those who are trained during this technical assistance. And then of course there should be the effort to really look at the enablers, those who made it possible that there are >massive killings in the tens of thousands," the humanitarian law expert suggested.

"We also believe that if President Marcos Jr. is really committed to high accountability and to pursue the control on drugs within the rule of law, they should develop a program against drug abuse that integrates a human rights and public health perspective," she continued. "And of course, the Philippine government has to really give complete results of what it says it will pursue the fight against drugs within the rule of law and make high accountability possible, then it should now come out with a very, very complete plan... There has to be specific, there has to be terms of reference, items on the plan, and concrete results in key result areas that can be measured, and not just those general commitments to the rule of law or accountability."

Parong had a specific suggestion for the Marcos-Duterte administration too: "If they really want unity as well as peace so that we can get out of this pandemic crisis... they should review the withdrawal from the International Criminal Court, and consider the possibility of getting back, if they really want higher accountability."

But given the workload of the ICC -- the Office of the Prosecutor is looking at abuses in 16 countries right now, it lacks the resources to do all it needs to be doing," she said.

"We think that the internationally community, especially the Assembly of States Parties of the Rome Statute, should in fact provide the resources which the court needs in order to be able to really act as a court of last resort and deliver justice. Faster also, rather than being at the back burner for investigation, and then it's only after some time that the court can act on them, because they have no resources that is adequate enough to pursue all these cases that they are either investigating, on preliminary investigations, or even those which are on trial. So there has to be more resources and support, not just from the state parties... because if other members of the UN really believe in international justice and support it, then they should support whatever is in the international court's purview to review and make decisions."

And it's not just funding but having the back of the ICC when it is attacked.

"The Philippine president has in the past attacked the ICC as an institution," she noted. "He also attacked UN officials and ICC personnel... During the campaign, the current presient said he would only allow the ICC personnel to come in as tourists, not as investigators... We think the UN members, as well as the Assembly of States Parties of the Rome Statute, should be giving political support to the ICC when there is an effort to attack them or diminish their capacities to do their work because they don't have access to the countries that need to be investigated."

For those seeking radical change away from Duterte's drug war, some of the early indicators -- especially the continuing killings -- are not good. And while Bongbong is talking about some limited reforms, it remains to be seen whether he will pursue even those modest goals. For those seeking justice and accountability for Duterte's crimes, the path remains arduous, but that has not stopped them.

EVENT: Building Back with Justice? Marcos, Duterte, the ICC and the Philippine Drug War

International Criminal Court, The Hague
Building Back with Justice? Marcos, Duterte, the ICC and the Philippine Drug War

parallel event to the UN High-Level Political Forum on Sustainable Development
Thursday July 14, 2020 / 7:45-9:00am ET

online via Zoom, registration at https:/stopthedrugwar.org/global/ or https://us02web.zoom.us/meeting/register/tZIqdeigrD0pHd3j2AKnGpgt56EBOqaVIFbJ

Following a formal request by the Duterte administration last November, the Office of the Prosecutor (OTP) of the International Criminal Court paused its investigation into the Philippine drug war, to reevaluate whether the government's accountability efforts were sufficient and credible. Late last month OTP requested court authorization to resume it.

In the meanwhile, a new president and vice president were inaugurated -- Ferdinand Marcos Jr. and Sara Duterte. The ICC's international profile has also ballooned to a greater level than ever before, due to its role investigating human rights abuses in Ukraine.

UN Sustainable Goal #16 logo
In "Building Back with Justice?", speakers will review the status of the Philippine drug war killings and the government's response, the ICC case in light of the Rome Statute and the court's current challenges, and ramifications of the Marcos family's return to power.

This is a parallel event coinciding with the 2022 UN High-Level Political Forum on Sustainable Development, focusing on Goal 16 of the 2030 Sustainable Development Goals. Email [email protected] or call +1 202-236-8620 for further information.

"Building Back with Justice?" is organized by DRCNet Foundation, a US-based NGO in consultative status with the UN Economic and Social Council that is also known as StoptheDrugWar.org, and is cosponsored by Associazone Luca Coscioni. Visit https://stopthedrugwar.org/global and https://stopthedrugwar.org/philippines for information on our international programs.

speakers:

Justine Balane, Filipino human rights activists
Ruben Carranza, International Center for Transitional Justice
Aurora Parong, Philippine Coalition for the ICC

co-moderated by:

David Borden, Executive Director, DRCNet Foundation AKA StoptheDrugWar.org
Marco Perduca, Associazone Luca Coscioni and former Senator, Italy

-- END --

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