Rodrigo Duterte and the Future of Human Rights in the Philippines
The COVID-19 pandemic has been a successful cover for President Rodrigo Duterte of the Philippines to continue his agenda of condensing power and limiting democratic freedoms across the nation. The Southeast Asian nation has the highest number of COVID-19 cases in the region and is struggling in implementing any solution to ease the stress on health care professionals. According to the John Hopkins University of Medicine, the Philippines has 209,544 cases and 3,325 deaths as of August 28th. As the country falls into its greatest recession in modern history, medical professionals are skeptical of whether the newly reinstated lockdown will successfully curb the spread of the virus.
Mass arrests and threats of state violence are being used to discourage violations of lockdown policy, yet individuals that are suspected of breaking quarantine are being held in facilities where social distancing is impossible. These tactics mimic those used by Duterte during his controversial war on drugs that has led to approximately 12,000 deaths. As of July 28th, there had been approximately 76,000 arrests for lockdown violations. Duterte has made similar extreme threats to lockdown violators as he did with drug offenders. These threats of violence have the cadence of an authoritarian leader. Back in April, he claimed: “I will not hesitate. My orders are to the police and military, as well as village officials, if there is any trouble, or occasions where there’s violence and your lives are in danger, shoot them dead … Do not intimidate the government. Do not challenge the government you will lose.” While government officials have claimed that Duterte was only using hyperbole to emphasize the level of severity the government is taking the lockdown restrictions, this behavior is not out of character for him. Human right experts believe that these lockdown arrests are directed at political protestors who oppose Duterte’s administration.
Both the virus and the economic conditions are of grave concern to Philippine citizens, but it’s the political actions of President Duterte are beginning to spark more protest on social media. On July 3rd Duterte signed into law the controversial “Anti-Terrorism Act of 2020.” This law expands the definition of terrorism by labeling “engaging in acts intended to endanger a person’s life,” “damage [to] public property,” or “interfering with critical infrastructure” as acts of terror. The language of this section indicates that intent will be criminalized and will give the police sweeping power to arrest political opposition. This law will also expand the government’s power to hold suspects without charging them, use enhance surveillance, and sentence life imprisonment without parole. This law will also limit freedom of expression and press. Section 9 of the law states:
“Any person who, without taking any direct part in the commission of terrorism, shall incite others to the execution of any of the acts specified in Section 4 hereof by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end, shall suffer the penalty of imprisonment of twelve (12) years.”
The language of this bill is a red flag for Philippine citizens and human rights organizations across the globe. It is a sign to other nations that the Philippines is abandoning any commitment to the protection of human rights domestically. However, the passing of this law was not the first sign of the government’s disregard for human rights. President Rodrigo Duterte’s entire term has been riddled with human rights violations and a retraction from international human rights commitments (notably the withdrawal from the International Criminal Court in March of 2019 and Duterte’s obscene “war on drugs”).
It seems like Duterte will continue to take steps violating human rights as long as he is not held accountable, and this was made clear this week as the Philippine government began considering a bill that would reinstate capital punishment. Considering that in 2007 the Philippines ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, a reinstatement of the death penalty will be in direct violation of international human rights law obligations. There is widespread concern that the reinstatement of the death penalty will be used to take out any political opposition to Duterte’s administration.
Carlos Conde of Human Rights Watch spoke with us and provided greater insight into the grave implications for Duterte’s administration:
“If [Duterte] is not held to account if nothing is done in the international community, if the killings do not stop, if those perpetrators are not investigated, and if the drug war policy is sustained, that would be really catastrophic for human rights in the Philippines … We have what I would like to call mini Duterte’s politicians from the cities, from the provinces, who are using his methods, already, to try to govern using fear, using violence and bloodshed. If Duterte gets away, I'm pretty sure a lot of this would happen worse across the country and that is right now just too horrifying for me to contemplate what will happen.”
With regard to the international community’s responsibility to intervene, Conde and the Human Rights Watch’s position is quite clear. It is imperative that the international community utilizes its mechanisms to hold Duterte to account. Conde claims, “It is their responsibility. It's a moral duty, and it’s a responsibility of the international community to act on what's happening in the Philippines.” Unfortunately, “local domestic accountability mechanisms are not working,” so if the international community fails to act it will be most severe.
The Philippines is heading for dangerous waters. Countries like Egypt and Turkey are examples of how the use of anti-terrorism laws to infringe liberties and consolidate power can lead to destabilization domestically. As countries like the United States, Brazil, Russia, and China continue to abandon their human rights obligations, the standard of human rights protections will continue to decrease across the globe. Who is to set the standard of human rights when the largest economic powers are failing in that department so spectacularly? Citizens of all nations must continue to hold their governments accountable so that people across the world have equal access to human rights.
Banner image courtesy of King Rodriguez via WIkimedia, ©2016, some rights reserved.
