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The State of Rights and Democracy in the Strongman’s War on Drugs

 

The State of Rights and Democracy in the Strongman’s War on Drugs

A Reflection Paper by Lourenzo Manimtim 


            “If I make it to the presidential palace, I will do just what I did as mayor. You drug pushers, holdup men, and do-nothings, you better get out because I'll kill you.” (Human Rights Watch, Conde, 2017)

            On May 9, 2016, the former president said those words beginning the herald of the campaign against illegal drugs— The “War on Drugs”. Not too long since words were spoken death and misery have spiked in the country in the first six (6) months of his presidency— the administration has led to an unprecedented number of killings (Rapper, 2016). Many people were killed, and many were slain in this bloody and brutal war. Reminiscence of this wretched memory still lingers in the minds of the people. The rampant cases and detrimental breaches of human rights and the attacks of the state to human rights defenders and organizations in defiance to the “War on Drugs”. The country has succumbed into a great state of chaos and discord (Estrada-Castillo, et. al, 2022). It was common for police officers to shoot and kill drug users in the pretext of “nanlaban” and illegal possession of dangerous drugs. And these actions conducted by state agents were not condemned but strongly supported by the president even as far as protecting state officers from prosecution (Human Rights Watch, 2017). Research and studies conducted by the Human Rights Watch even found evidence of fact that police issues plant falsifying evidence to justify the unlawful killings.

There was a call growing call for an investigation, but Duterte has vowed to continue the campaign (Human Rights Watch, Conde, 2017). Many experts have coined this rampant illegal killing as “Extra Judicial Killings” or EJKs. The “Anti-Extra Judicial Killing Act of 2019” refers the “EJK” as the deliberate killing of persons, carried out by agents of the State and under its order in lieu of arrest, investigation, and prosecution.  

The War on Drugs is one of the premiere government programs launched and enacted by Pres. Rodrigo Duterte, it has faced enormous of criticisms, deficits, and issues. Faced by challenges, it has been a root of controversy, issues, and death. The program has been greatly criticized as one of the worst crimes against humanity with 20,000 people dead as estimated by Human Rights Organizations and at least 2,555 of the killings accounted to the Philippine National Police, according to the data collected by Human Rights Watch (Schlein, 2022).

            It is vivid that this program is misery and has been a major slap and an upfront unhampering violation against human rights. With many people unlawfully killed and shot dead, violating the people’s inherent human rights to “Right to Life, Right to Fair Trial and the Right to Writ of Habeas Corpus”. Human Rights Defenders and Advocates had expressed deep concerns and conducted domestic remedies to prevent and reject the inhumane and abusive implementation of the administration’s “War on Drugs”. However, they are met with swift, disturbing and a relentless response (Gascon, 2018).

            The whole premise of the War on Drugs is both a crime against human rights and undemocratic. In the striking speech of the late Commissioner of the Commission Human Rights (CHR) in the Philippines, Mr. Jose Luis “Chito” Gascon, in the Oslo Freedom Forum in 2018 argued that the Philippine government’s campaign in the “War on Drugs” is both undemocratic and a crime against human rights. It is Anti-Poor, Anti-Human Rights and Anti-Rule of Law. It was a crime, and many were people hunted, targeted, and unlawfully killed.

            The quickness, brutality and the simple and straightforward directive posed by President Duterte, in process of this violent campaign has shown to be an aspect of an image of a strongman. A recent Time magazine cover has proclaimed the rise of the strongman. The argument of the strongman is not new, its proposition has always been simple and straightforward. It essentially offers the false choice between the uncertain future of living free in a democracy or guarantee of some security and stability that is offered by a strongman in exchange for diminished freedom. (Gascon, 2018)

            Presently, Former President Rodrigo Duterte, is still under the watchful probe of the International Criminal Court (ICC) but his power protrudes, preventing the ICC to interfere and conduct investigations in matters regards to the Philippine War on Drugs (Engelbrecht, 2021). the same time the former president still strongly expresses that even as a civilian he aims to pursue the “War on Drugs” the former president also urged upcoming President Ferdinand Marco Jr. to continue and pursue the program he started but in his own desired way (Cervantes, 2022).

            The “War on Drugs” has put people in a pedestal, the strongman holds the grip of power and commands fear in the prospect of law & order. An order which caused more deaths than life. The program is justified in division of the good vs bad, in some cases it can even be related to justification through moral antagonism, the principle of the good us and evil them. In which this can be depicted in a moral standpoint, the anomaly between the Law Enforcement vs Drug Users. Where people will create an image that the Law Enforcers as the good, and Drug Users are bad. So, it is okay to kill drug users, because they are bad, and a bad look to society. And this phenomenon, is what strongman, and leader with authoritarian qualities implement. A violent populism to support their public mandate, justifying their corrupt cause as for the people to follow and obey as the good.

We are all called to protect human rights, to defend the ramparts of international justice and to deepen our democracy, to ensure that all who seek to diminish and negate our freedoms will be held accountable. (Gascon, 2018).

The “War on Drugs” paints the picture of a real society the consequence of a society without respect to human rights, respect to the rule of law and respect to our Democracy. It is all  stated in the 1987 Constitution in the “Bill of Rights” all our equal rights and privileges as citizens of democracy. We are the sovereign, and we are given the freedom to do our will.

We are ought to responsibly use and respect our human rights, and to practice the significance and values of our democracy.

 

In final words of this paper, I would like to leave words of remark that “The Fate of This Nation Lies Within the Hands of its Own People”.

 

Thank you and Blessed Be God Forever!

 

References:

 

·       Bouckaert, P. (2022). “License to Kill”. Human Rights Watch. Retrieved from

https://www.hrw.org/report/2017/03/02/license-kill/philippine-police-killings-dutertes-war-drugs

·       Conde, C. (2017). “Philippines ‘War on Drugs’”. Retrieved from

https://www.hrw.org/tag/philippines-war-drugs

·       Cervantes, F. (2022). “PRRD asks Marcos to continue anti-drug campaign his ‘own

way’”. Retrieved from https://www.pna.gov.ph/articles/1175251

·       De Lima, L. (2019). “An Act Defining Extrajudicial Killing, Providing For its Penalty

and Other Purposes”. Retrieved from https://legacy.senate.gov.ph/lisdata/3066327517!.pdf

·       Engelbrecht, G. (2021). “Philippines: The International Criminal Court Goes After

Duturte’s Drug War”. Retrieved from https://www.crisisgroup.org/asia/south-east-asia/philippines/philippines-international-criminal-court-goes-after-dutertes-drug-war

·       Estrada-Castillo, et. al. (2022). End ‘war on drugs’ and promote policies rooted in human

rights: UN Experts. Retrieved from

https://www.ohchr.org/en/statements/2022/06/end-war-drugs-and-promote-

policies-rooted-human-rights-un-

experts#:~:text=In%20a%20major%20study%20released,of%20people%20who%

20use%20drugs%2C

·       JOSE LUIS MARTIN “CHITO” GASCON | DEATH AND THE DEMOCRATIC

DEFICITS IN DUTERTE’S DRUG WAR | 2018. (n.d.). YouTube. https://www.youtube.com/watch?v=Ddm3MGqeFEE&t=357s

·       Rappler. (2016). Duturte’s war on drugs: The first 6 months. RAPPLER.

https://www.rappler.com/newsbreak/153510-rodrigo-duterte-war-on-drugs-2016/

·       Schlein L. (2022). UN: For Victims of Philippines ‘War on Drugs,’ Justice Remins

Elusive. Retrieved from https://www.voanews.com/a/un-for-victims-of-

philippines-war-on-drugs-justice-remains-elusive/6780138.html

·       The Philippine Constitution (1987). Article III The Bill of Rights. Retrieved from

https://getliner.com/picked-by-liner/reader-mode?url=https%3A%2F%2Fwww.officialgazette.gov.ph%2Fconstitutions%2Fthe-1987-constitution-of-the-republic-of-the-philippines%2Fthe-1987-constitution-of-the-republic-of-the-philippines-article-iii%2F

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