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4 Part I The Rise of Duterte and the Erosion of the Human Rights Culture
Permission to Reproduce
4
In his two years of ruling, the man elected by 16 Change, under Duterte’s so-called war on drugs,
million Filipinos has successfully positioned a large means 23,000 deaths2 and as yet unaccounted
number of the populace to an ideologically hazy number of gross human rights violations. Change,
but entirely antagonistic view of human rights. under Duterte’s violent gaze, means further
entrenchment of impunity3 , wholesale erosion of a
Just how this happened is still subject of ongoing human rights culture, and worsening poverty.
analysis, but here is what we can definitively
conclude: the president of the Philippines is the The Philippine democracy is in a state of regress.
biggest threat to human rights in the Philippines This is the only conclusion to be made when you
since Martial Law. have a government that is brazen in its defiance of
the rule of law, willful in its dismantling of legitimate
opposition, bold in its attacks on the press and
persistent in its efforts to destabilize checks and
balances of power and authority.
2 https://www.rappler.com/newsbreak/
in-depth/204949-pnp-number-deaths-daily-duterte-adminis-
tration
1 http://newsinfo.inquirer.net/799111/duterte-dont-use-human- 3 https://www.udlap.mx/cesij/files/IGI-2017_eng.pdf
rights-as-excuse-to-destroy-ph
5
Traditional notions of democratic breakdown conjure Two years into the Duterte presidency, we
images of hostile takeovers of government leadership. see a worrying slide towards an authoritarian
And yet, the Philippines is among an increasingly Philippines. In the next three sections, we will look
long list4 of countries throughout the world that into the strategies, tools, and consequences of
is experiencing democratic decay, a “creeping this authoritarian experiment as it plays out in the
deterioration of democratic rule”5 as opposed to a bloody theater that is Duterte’s Philippines. Finally,
rapid democratic breakdown due to a coup or foreign we propose a plan of action for the people—what
invasion. can human rights organizations, advocates, and
citizens do to respond to Duterte’s anti-human
The election of President Duterte is both a symptom rights project?
of this democratic decay and an impetus for a
sustained and deliberate continuation of it. Like most
democratically elected authoritarian leaders, he now
seeks to undermine the very structure that gave him
power.
4 https://law.unimelb.edu.au/students/jd/studies/enrolment/
compulsory/2018-sem-1-options/understanding-democratic-de-
cay-worldwide
5 https://www.democratic-decay.org/democratic-decay-as-the-or-
ganising-concept/
6
PART II
7
Kill Policies and
State Sponsored Violence
The “kill policies” advocated by the Duterte
government are used to galvanize the erosion
of human rights culture. These include the bills
on the restoration of the death penalty and While the president’s supporters may insist
those on the lowering of the age of criminal that these kill policies demonstrate an ironclad
responsibility of children from 15 to 9 years of political will, the poor know the real story. As the
age. primary victims of the so-called war on drugs,
they contend with the daily reality of bloodshed,
The President is a firm believer that the death violence, and fear.
penalty will not only deter criminality. He also
holds the view that death is the most appropriate The poor’s engagement in the drug trade makes
them the most vulnerable targets of President
punishment for both those involved in the drug
Duterte’s kill policies. Many studies have already
trade and those engaged in terrorism. On the established the causality between poverty and
other hand, children’s involvement in crimes, involvement in the drug trade, whether one
including illegal drug trade, can be best dealt is a drug user (tagged as drug addicts in the
with by imprisonment or letting them rot in jail Philippines), a drug pusher, or a drug courier. Even
as a way of teaching them a lesson. former Dangerous Drugs Board (DDB) chairman
Dionisio Santiago asserted it by repeating that
In his public statements, he classifies drug drug problem is largely rooted in the country’s
users, pushers and peddlers, criminals, and poverty issue6. Further, it is more or less a
even bystanders as unwanted members of sociological truism that drug addiction among the
society, and suggests that their right to life poor is caused by the mental states developed
from being in a prolonged state of poverty, with
can be revoked if they choose to remain as
drug pushing as a viable, and therefore, appealing
such. Likewise, rural communities continue to source of income for many.
suffer as militarization in their lands persists to
threaten their lives and livelihood. How these
policies play out in the city streets and in the
countryside show that these policies are only
directed against the poor and the marginalized. 6 https://www.rappler.com/nation/186830-philip-
pines-drug-problem-rooted-poverty-ddb-chief-dionisio-san-
tiago
8
None of these issues mattered when the brutal The killing spree in urban poor communities
campaign against illegal drugs was launched. Just reveals the lie that is President Duterte’s pro-poor
days after President Duterte was sworn into office, posturing. Under the guise of anti-crime and anti-
media reports flooded in, documenting the deaths drug campaigns, his kill policies have only proven
of dozens of Filipinos. A July 5, 2016 report from that he is nothing but a populist leader who would
Al Jazeera, for example, tallied at least 45 deaths not hesitate to condone human rights violations for
during Duterte’s first four days in office7. political brownie points.
7 https://www.aljazeera.com/news/2016/07/rodrigo-duter-
te-drug-war-160704152252796.html
8 The Philippine Government’s Anti-Drug Campaign: Emerging
Evidence and Data
9 https://www.rappler.com/nation/183077-petition-su-
preme-court-investigate-killings-pnp-chr-doj
10 http://news.abs-cbn.com/news/06/19/18/no-justice-for-kin-
of-slain-drug-suspects-duterte-says
9
Distortion of Human Rights and
Vilification of Human Rights Defenders
President Duterte and his allies within and Similarly, the Duterte government has viewed
outside of government have been tremendously human rights defenders as “enemies of the State.”
successful in controlling the narrative on human They have been labeled as “protectors of criminals,
rights. Their virulent anti-human rights rhetoric was rapists and killers” and “obstructionists.” In 2016,
already in place during the election campaign, and the President said: “The world will never be safe
it even got worse once Duterte took office. as long as [these] human rights groups are there to
protect and side with criminals, murderers, rapists,
Their biggest victory, arguably, is in successfully drug pushers, smugglers, robbers and thieves.”11
mischaracterizing human rights as being a
hindrance to national development. In rhetoric and
in action, President Duterte and his supporters
have led many Filipinos to believe that national
development is possible only through a violent, rule
of law-defying, human rights-violating campaign
against illegal drugs and its users. They were able
to calcify Filipinos’ exasperation with urban crime
into a successful campaign of dehumanization of
criminals, particularly those purportedly driven to
crime because of drug use.
11 http://newsinfo.inquirer.net/692615/duterte-to-rights-group-
you-are-all-hypocrites
10
The Duterte administration further revealed its Not content with endangering the safety of
disdain for—and perhaps fear of—its critics and progressives and the people and communities
members of progressive movements when it associated with them, the President’s spokesperson
declared more than 600 individuals as terrorists. Harry Roque said that human rights groups may
On February 21, 2018, the Department of Justice’s have been “unwitting tools” to destabilize the
Senior Assistant State Prosecutor Peter Ong government by receiving funding from drug
filed a petition before the Manila Regional Trial lords14. No evidence was presented to prove this
Court (RTC)12, declaring the Communist Party of irresponsible claim.
the Philippines (CPP) founder Jose Maria Sison,
peace negotiator Luis Jalandoni, former lawmaker Indeed, the distortion of human rights and
and leftist leader Satur Ocampo, and UN special vilification of human rights defenders (HRDs) has
rapporteur on the rights of indigenous peoples been so constant that unfounded accusations
Victoria Tauli-Corpuz and around 600 others and personal attacks against HRDs are routinely
as terrorists. This comes after the peace talks propagated in both online and offline platforms.
between CPP-NPA-NDF and the government of This has led to increasingly difficult working
the Republic of the Philippines had crumbled in conditions for HRDs, who now routinely have to
November 2017, prompting progressive groups contend with harassment and disparagement from
to intensify their opposition against President the president’s supporters.
Duterte’s regime.
12https://newsinfo.inquirer.net/973990/breaking-tag-joma-un-
special-rapporteur-etc-as-terrorists-govt-impels-manila-court 14 https://www.reuters.com/article/us-philippines-drugs-rights/
13 http://www.gmanetwork.com/news/news/nation/646213/ drug-lords-use-rights-groups-as-tools-to-discredit-philippine-
terrorist-tagging-cidg-subpoena-power-prelude-to-crack- leader-spokesman-idUSKBN1H210I
down-on-progressive-groups-zarate-says/story/
11
Suppression of Dissent and the Systematic
Dismantling of Democratic Guarantees
The current administration is one that has little obedience are applauded and rewarded by the
tolerance, if not complete abhorrence, of criticism President because these are viewed as indicators
and opposition, and silencing and suppression of loyalty.
of dissent has been a strategy to cow people to
subservience and passivity. To accomplish this, Foremost in this dismantling of democratic
threats, harassment and disinformation have guarantees is his control over Congress. With
been employed. Members of the legal opposition a supermajority, President Duterte seeks to
like Senator Leila de Lima and former Supreme weaponize the legislative branch to enable his
Court Chief Justice Ma. Lourdes Sereno, are policy positions and attack his enemies. Indeed, the
among the early victims of the administration’s supermajority proved a powerful force for setting
campaign to rid itself of so-called “obstructionists” up Duterte’s authoritarian project.
and “troublemakers” with the filing of trumped
up charges and removal from their government Attacking legitimate opposition—a well-worn tactic
positions. Meanwhile, progressive church leaders of would-be authoritarians—has also become a
and activists have experienced red-baiting and hallmark of Duterte’s two-year-old rule. The attacks
have been vilified. on Vice President Leni Robredo and Senator De
Lima, along with verbal tirades and harassment15
The systematic dismantling of democratic levied against then Ombudsman Conchita Carpio-
guarantees is another strategy used by the Morales, paint a picture of a President who is unable
government to strengthen the prevailing to accommodate legitimate opposition and critique.
environment. Bribery, rewards, and tokenism That his response is to drive these representatives
have dominated democratic institutions like the of government—all at high positions and serving in
Philippine Congress, Philippine National Police, institutions that have traditionally functioned as
local government units and other government
agencies. Behaviors of government officials 15 https://www.rappler.com/nation/191646-sereno-mo-
that demonstrate docility, subordination, and rales-duterte-word-war-yearend-2017
12
guards against unchecked executive power—into This worry is not unfounded. After all, in 2016, the
difficult, untenable positions and even outright data of around 55 million registered voters were
disgrace reveal President Duterte’s despotic leaked following a hack on the Commission on
impulses. That these officials also all happen to Election’s (COMELEC) database. Passport details
be women—and have all been subjected to highly of around 1.3 million Filipino voters and 15.8 million
misogynistic rhetoric from the president and his fingerprint records were included in the leak16.
allies—show that this wannabe strongman is at This puts great mistrust on the capability of the
heart intimidated by a show of legitimate feminine government to protect its citizens’ privacy, and in
power. effect, their security.
Further strengthening the state security agenda Indeed, privacy violations usually precede grave
is the 2018 passage of Republic Act 11055 or the human rights abuses. Any government with the
Philippine Identification System Law. RA 11055 ability to keep track of its population via an ID system
calls on Filipinos eighteen (18) years of age and could also resort to more oppressive activities.
above to register personal information into the A national ID system may also pave the way for
Filipino Identification System (FilSys) / Philippine normalizing state surveillance. The information
Identification System (PhilSys). gathered from citizens may be manipulated in
order to serve State interests, which as history has
Proponents of the National ID System maintain that proven, are not always in line with the people’s
the law will help to speed up government’s delivery interests.
of basic social services to Filipinos, to prevent
crimes using the database information of the Those who voice out their dissent and opposing
majority of its citizens, and to expedite transactions views of the government may also be targeted and
in the private sector. attacked through their own information. It is not
outside the realm of possibility that it may become
Opponents of the law on the other hand, argue a tool of State-sponsored harassment and profiling,
against it as a potential tool for surveillance and curtailing dissent and contributing to the further
privacy rights violations. A national ID system gives shrinking of civic spaces17.
government unprecedented access to a huge
source of its citizens’ personal data.
16 https://www.philstar.com/headlines/2016/04/08/1570934/
comelec-hack-puts-data-55m-registered-voters-risk-security-
firm-says
17 http://newsinfo.inquirer.net/993964/makabayan-bloc-nation-
al-id-system-infringes-on-right-to-privacy
13
While the government may insist that none of
these scenarios will transpire, the law’s true test
is in its implementation. Ordinarily, we would give
the government the benefit of the doubt, but
considering this regime’s authoritarian character
and disregard for the rule of law, no honest
consideration of its human rights record would
allow for support of this law.
14
Following the 2017 passage of the Free College
Tuition Law, one could reasonably expect that the
education budget would reflect a marked increase.
After all, a landmark policy such as this would mean
an avalanche of budget infusions into the national
government’s education budget. iLEAD’s review,
however, shows that the education budget for 2018 The Duterte government has effectively
grew a paltry 1.7% from the 2017 figure. Looking mobilized its army of trolls and rabid supporters
at the budgetary big picture, iLEAD concludes with the constant flooding of social media with
that “the 2018 National Budget, despite growing their declarations of support, justifications and
12 percent from 2017’s, does not reflect any major defense of highly controversial and unacceptable
policy shift.” More than any public pronouncement, pronouncements, statements, and actions of the
the budget numbers reveal the truth of the Duterte President on various issues in society.
administration’s blinkered approach to education.
The President’s social media machinery has been
Furthermore, iLEAD’s analysis also makes room a major vehicle in the government’s disinformation
to note that whatever gains Filipino families with campaign with the dissemination of lies, half-
college-age children might have from a free truths, and fake news to the general public, and
tuition policy will be cancelled out by higher taxes even to the world. It has likewise been a tool in
on basic consumer goods imposed by TRAIN’s sugarcoating projects, programs, and policies of
implementation. The picture that emerges, says the government as part of its efforts to present
iLEAD, is that “economic and budget policies are itself as “a government of and for the people.”
disjointed, populist programs are hastily planned
and funded at the expense of clashing with other
priorities, and inflation only takes away what the
government gives the people in their one hand.”
15
Meanwhile, the government has embarked on This provision essentially legitimizes State
a campaign to attack and discredit mainstream surveillance—a highly intrusive process that opens
mass media outfits which have criticized and the floodgates of abuse of civil liberties—as a
questioned certain policies and actions of the regular, ordinary State activity. State surveillance,
President and his administration. This is illustrated by its nature, is difficult to monitor, and the right to
in the case of the revocation by the Securities and privacy, enshrined in the Constitution and described
Exchange Commission (SEC) of Rappler’s license in detail across various national laws22, can easily be
to operate for allegedly violating the Constitution compromised. Furthermore, challenging the State
and the Anti-Dummy Law, which is the first such on the grounds of the right to privacy violations
case ever to be filed by the SEC. The President remains difficult because the government agencies
also threatened to block the renewal of the ABS- collecting information on citizens may not be
CBN franchise, which is due to expire in 2020, inclined to disclose the full extent of their activities,
after accusing the television company of failing often by hiding under the excuse of protecting
to air a campaign ad prior to the 2016 presidential national security interests.
elections, and not returning the money paid for the
said advertisement. The Philippine Daily Inquirer Given the Duterte administration’s documented
(PDI) has gone through a similar experience when use of surveillance in support of its brutal campaign
the President called the attention of its owners to against illegal drugs23, there is no reasonable ground
stop attacking his administration or else he would to further empower the Duterte administration to
fight the owners of the newspaper over the Mile collect information on citizens.
Long property in Makati.
Federalism and
Charter Change
To further legitimize and institutionalize the current
environment created by the administration, charter
change and the shift to federalism are being pursued
and advocated by the Duterte government.
16
PART III
17
Entrenched Impunity and
Corrosion of Rule of Law
The culture of impunity has allowed State agents
to continue perpetrating human rights violations
Instead of holding State agents accountable for free from any accountability25. In fact, the
human rights violations perpetrated in the context President has even gone to the extent of doubling
of the “war on drugs,” the President himself has the salaries of the PNP and AFP as a reward for a
assured them protection and freedom from “job well done” in the government’s “war on drugs”
prosecution for their actions24 He continues to and “war against terrorism.”26 Meanwhile, victims
condone and even encourage members of the of the “war on drugs,” particularly the victims of
police force in the excessive and indiscriminate EJKs, have been denied access to justice. To this
use of violence in the conduct of the “war on day, families of EJK victims, children referred to
drugs” resulting in the illegal arrest, imprisonment, as “collateral damage,”27 and even those admitted
torture, and death of alleged drug users and by law enforcement agents as killed because of
dealers in urban poor communities. mistaken identity, have not seen a single State
agent prosecuted, let alone made accountable
for their actions. They continue to go scot-free and
enjoy the protection of the State28.
25 https://news.abs-cbn.com/news/03/02/17/cops-abused-pow-
er-in-dutertes-drug-war-human-rights-watch-report
26 https://www.philstar.com/headlines/2018/01/09/1776288/
duterte-signs-resolution-hiking-military-police-pay
27 https://www.aljazeera.com/programmes/talk-
tojazeera/2016/10/exclusive-rodrigo-duter-
te-war-drugs-161015100325799.html
24 http://www.gmanetwork.com/news/news/nation/647009/ 28 https://www.theguardian.com/world/2016/oct/17/duterte-
duterte-to-pma-grads-do-your-duty-in-line-with-law-ako-na- says-children-killed-in-philippines-drug-war-are-collateral-
bahala-sa-inyo/story/ damage
18
Climate of Fear and Silence
Consequently, the culture of impunity has created
an environment characterized by fear and silence.
The “war on drugs” has transformed urban poor
communities into “ghost towns” and their residents
into a populace mum to injustices and repression
within their midst. Meanwhile, victims of human
rights violations engulfed by terror have opted to
abandon their homes to escape punitive actions of
unscrupulous law enforcement agents.
19
Worsening Incidence of Poverty, Hunger,
Joblessness and Derogation of ESC Rights
The dismal state of economic, social, and cultural environmental degradation taking place in different
rights manifested in the worsening situation of parts of the archipelago, it will not be surprising if a
poverty, hunger, unemployment, and homelessness decade from now, a big percentage of the country’s
can be attributed to the implementation of a national agricultural lands and forests, fisheries and marine
development policy and program (2017-2022) resources, mineral resources, flora and fauna,
following a neo-liberal framework. While it may would have been destroyed and/or dominated by
be true that every Filipino aspires for a “matatag, big multinational corporations.
maginhawa at panatag na buhay” as gathered
during the regional consultations and focus group With national development equated with increased
discussions conducted by planning agencies global competitiveness, capital investment,
nationwide, the aspiration is far from being realistic revenues and profits, the government has
and attainable by 2040. implemented policies and projects, the most
recent of which is the Tax Reform for Acceleration
This is because of the snail-paced changes and Inclusion (TRAIN) law, which has caused a
experienced by the country in the areas of decent deterioration in the incomes and quality of life of
employment and income, food and nutrition, ordinary Filipinos.
health, and housing. Moreover, based on the rate of
20
Much of the tax breaks of the first TRAIN law were IBON also reported31 that the poor who live below
targeted for wage-earners. While it was sold to the the family living wage of PHP 30,000 bear the worst
public as a means to dissolve income taxes for many of the price increases. Fisherfolk for example, have
workers, thereby gaining public support, it also very to spend an average of PHP 1,335 more per month
transparently moves the bulk of the tax burden to for diesel for 20 days of fishing.
value-added taxes, particularly on products such
as fuel, sweetened drinks, and vehicles, as well as In fact, since the start of 2018, IBON estimates32 that
alcohol and tobacco products. runaway inflation has eroded the incomes of the
“poorest 60 million Filipinos” leading to “losses of
Meant as the primary means to raise funds for the anywhere from Php 993 to as much as Php 2,715”
administration’s ambitious infrastructure spending, for each Filipino household.
this was essentially a tax increase on those who
do not earn from wages or salaries such as small For most workers, the twin effects of TRAIN and
business owners, farmers, fisherfolk, and those in inflation have led to an erosion of purchasing power
the informal sector. and continued stagnation of wages. While IBON
cites official labor force data that the number of
While the Duterte administration insists29 that employed increased under Duterte, these Filipino
TRAIN’s effects on inflation are minimal, the point workers were increasingly working in insecure
of the matter is that inflation is here, and here to and low-paying jobs. Data from IBON33 shows that
stay as thinktank IBON says30. According to IBON, underemployment rate was 18% last January 2018
commodity price hikes would persist for the next which was an increase of almost 2% from a year
three years when additional taxes on oil products before, while the population of part-time workers
will take effect. are now at 14.7 million or 9.3% of the labor force.
31 http://ibon.org/2018/06/train-worsens-burden-of-inflation-
on-poor-ibon/
32 http://ibon.org/2018/08/poorest-60m-filipinos-suffer-income-
29 https://www.dof.gov.ph/index.php/train-not-to-blame- loss-due-to-first-6-months-inflation-in-2018/
for-inflation/ 33 http://ibon.org/2018/05/over-a-million-more-underem-
30 http://ibon.org/2018/05/train-induced-price-increases-are- ployed-part-time-workers-under-duterte/
permanent-ibon/
21
PART IV
The People’s
Response
Confronted by a government which
primarily relies on the use of State violence,
condones a climate of impunity, disregards
human rights and the rule of law, fabricates
and disseminates lies, and abhors opposition
and dissent, human rights defenders face a
daunting challenge and task.
22
1. Mass education and information work on human rights
• Countering distortion of HR and disinformation campaigns
• Enhancing capacities in HR claiming and defense
• Building a HR culture
2. Organizing
• Strengthening of grassroots and sectoral organizations
• Formation and capacity-building of HRDS in communities, schools, workplaces
• Formation of broad alliances, coalitions, linkages and cooperation
23
24