The Commission on Human Rights (CHR) has consistently endeavored to be collaborative and non-adversarial in the defense of human rights. In line with our mandate, we provide recommendations and advise to the government for the improvement of the human rights situation and to address human rights violations with the interest of the people in mind, particularly the most vulnerable ones. We view the government as our partner in improving the system as we equally remain firmly independent in our role as a watchdog.
Contrary to remarks that seek to put malice in the crucial work of CHR, our guide has always been the mandate bestowed unto us by the 1987 Constitution and the plight of the vulnerable people we serve. As the country’s independent National Human Rights Institution, it is our mandate to conduct investigations on human rights violations involving civil and political rights, particularly those affecting the marginalized and vulnerable sectors of the society.
CHR has repeatedly expressed support for the campaign against illegal drugs as part of addressing the health and overall socio-economic situation of those affected by it. We also recognized the government’s complementary efforts to address the drug problem, such as the rehabilitation program. At the same time, we also firmly expressed our objection on methods that are inconsistent with human rights standards and right to due process.
The Commission remained faithful in its efforts to protect and promote human rights in accordance with universal human rights principles and standards. It is, too, in this framework that the CHR, during the 5th Commission, demonstrated full cooperation and transparency with fellow duty bearers and human rights organizations with the objective of working together in addressing the human rights issues.
We remain encouraged by the commitment conveyed by Secretary of Justice Menardo I. Guevarra during the 44th session of the UN Human Rights Council, “The Commission on Human Rights will be involved in its capacity as an independent monitoring body. The continued, unhampered functioning of the Philippine CHR underpins our strong position against calls for an independent investigative mechanism.”
In the pursuit of truth and accountability, CHR released its Final Report on Investigated Killings in Relation to the Anti-Illegal Drug Campaign completed by the EJK Task Force led by former Commissioner Gwendolyn Pimentel-Gana. This concluding report is a more comprehensive and expansive version of the initial report released last November 2021. The findings of the final report extend its scope from the previous analysis, which covers only incidents investigated in Region III, Region IV-A, and the National Capital Region. The scope of the April 2022 release is nationwide and covers 882 dockets involving a total of 872 incidents with 1,139 victims, almost double in terms of the scope in the initial report. Further, unlike the initial report which included cases under investigation, the cases discussed in this concluding report are those that have already been investigated and resolved.
We stress that the comprehensive report also took into account law enforcers or police killed (pages 6-8) as well as killings by unidentified individuals outside of the context of police operations (pages 24-26). This is contrary to claims that there was no mention of law enforcers who lost their lives and of killings outside of police operations.
The final report serves to bolster the initial findings of the Commission: that there is a consistent narrative by law enforcers alleging victims initiated aggression or resisted arrest (nanlaban); that there is use of excessive and disproportionate force; that targeted victims were mostly civilians killed in uninhabited locations sustaining gunshot wounds in the heads and/or torso; that there is non-cooperation by the police; and that there is a lack of effective, prompt, and transparent accountability mechanism to address the drug-related killings.
This report has also been formally communicated to the concerned government agencies, such as the Presidential Human Rights Committee (PHRC) and the Department of Justice (DOJ). We are heartened by the remarks of Acting Presidential Spokesperson Sec. Martin Andanar, which acknowledged the CHR’s independence and invited us to coordinate with concerned government agencies. We are hopeful that this signals greater cooperation and enhanced response of the government in bringing full justice to all alleged EJK cases linked to the anti-drug campaign.
CHR is hopeful of the government’s openness to ascertain justice. We reiterate our continued support and commitment to the government in the pursuit of truth and accountability. Constructive engagements among the different branches of the government, particularly if it involves independent bodies like CHR, manifest an adherence to the check and balance mechanisms within the government.
We also recognize the cases that are already making progress with the DOJ as we continue to hope for more similar cases to advance to competent courts. Such investigations by the government is a concrete way to demonstrate to the international community that local mechanisms are working. Together, let us carry out the rule of law, and fulfill our principal duty to uphold the rights and dignity of all. ###