PHL tells UNHRC: CHR, Duterte critics changed definition of EJKs

The Philippine delegation to the United Nations Human Rights Council (UNHRC) on Monday called out the Commission on Human Rights and critics of President Rodrigo Duterte for apparently giving the world an impression that unexplained killings under the government's drug war are state-sponsored.

Represented by Senator Alan Peter Cayetano, the Philippine delegation wondered why there has been no "apples to apples comparison" between the number of killings during the past and present administrations.

Cayetano said the tally of killings in the country were “well within the average” during the past six years of the Aquino administration, citing statistics of 11,000 to 14,000 yearly.

"Why wasn’t this reported? Why is there no apples to apples comparison between the figures of past and present administrations? Because some of the critics of the Duterte administration, including our very own Commission on Human Rights (CHR), a senator and some local media changed the definition of extrajudicial killings (EJK) therefore deceiving the public and foreign media into believing that there is a sudden wave of state-sponsored extrajudicial killings in the Philippines," he said in his opening speech at the UNCHR's 27th session of Universal Periodic Review in Geneva, Switzerland.

Cayetano did not identify the senator and media outlets.

He noted that Administrative Order 35 signed by then-President Benigno Aquino III defined EJKs as the killing of the members or advocates of cause-oriented organizations like labor, environment or media activists, "resulting in very low number of supposed EJKs in the past administration." 

"However, for the current administration, a different definition is being used. EJK now refers to any death outside of those caused by natural causes, accidents or those ordered by the courts," Cayetano said.

"Make no mistake, any death or killing is one too much. However, there is a deliberate attempt to include all homicides as EJKs or killings related to the campaign against criminality and illegal drugs, and that these are state-sponsored, which is simply not true."

Cayetano claimed that the 1.266 million pushers and users that have surrendered "are being rehabilitated and given a second chance," something that is allegedly not given emphasis in media reports. 

"Again, in reports on the Philippines’ anti-illegal drug campaign, this is never emphasized. In fact, it is rarely included," he said.

Data presented by Cayetano said that as of April 20, deaths resulting from presumed legitimate law enforcement operations were at 2,692, while total homicide cases were 9,342.

"Why are there more deaths due to police operations? Because law enforcers are now conducting operations every day and the ratio of those who surrender and those who violently resist is consistent. Therefore, more operations lead to more arrest, more surrenderees and, unfortunately, more who resist violently thus resulting in more deaths," he said.
  
"Why presumed legitimate law enforcement operations? Because any death resulting from law enforcement operations is presumed legitimate under the law, although it is automatically subject of investigation."

Cayetano also allayed concerns of possible one-man rule under Duterte.

The senator said the critics "conveniently forget to mention" that the Duterte administration has increased to almost double the budget of the CHR from P439 million to P724 million.

He said the Duterte government has "institutionalized" the Freedom of Information through an executive order, and put up a direct line to the Office of the President where citizens may complain of abuses by any government official or employee.

Cayetano is in Geneva to head the 16-man Philippine delegation for UNHRC's Universal Periodic Review (UPR).

UPR happens every four years, where member countries present their human rights records to the UNHRC. The Philippines last participated in the UPR in 2012.

The period under review was for the last four years of the administration of then-President Benigno Aquino III and the first few months of the Duterte government. —JST, GMA News