Palace 'notes' UN human rights report recommendations, but firmly rejects conclusions

Malacañang on Saturday said it has noted the recommendations recently made by the United Nations Office of the High Commissioner for Human Rights but said it does not agree with its conclusions.

"The Philippine Government notes the recommendations made by the OHCHR, but cannot commit to their full implementation given the faulty conclusions on which they were premised, among them the alleged violations of the right to life, the supposedly arbitrary deprivation of liberty of those involved in drug cases, the alleged violations of the right to health, and the implication that Filipino civic space is being destroyed by the focus given to public order and national security. We firmly reject these conclusions," Palace spokesperson Harry Roque said in a statement.

In a report on the human rights situation in the Philippines, UN human rights chief Michelle Bachelet said police reports on 25 operations in which 45 persons were killed all showed that police claimed to have recovered methamphetamine (shabu) and guns from killed individuals.

"The pattern suggests planting of evidence by police officers and casts doubt on the self-defence narrative, implying that the victims were likely unarmed at the time of killing," it adds.

In its report, the OHCHR said there has been “near impunity” for alleged extrajudicial killings committed in the context of the anti-illegal drug campaign.

The report mainly concludes that the government’s “heavy-handed” focus on national security, such as in the drug war and its counterterrorism efforts, has led to “serious” human rights violations.

Bachelet said "harmful rhetoric" from high-level officials, including President Rodrigo Duterte, have been "pervasive and deeply damaging," some rising to the level of "incitement to violence."

The Palace however said the "rule of law is upheld" in the country.

"We maintain that the rule of law is upheld in the Philippines and any offenses committed by law-enforcement or otherwise will be dealt with in accordance with due process. Our courts stand ready to receive and rule on any complaints and their autonomy is respected by the Duterte administration," Roque said.

He added that the public has given its continued support to Duterte, and this has buoyed the government's commitment in its anti-drug campaign.

"Our commitment to the campaign against illegal drugs is buoyed not just by its gains with respect to drug users rehabilitated and drug peddlers stopped, but by the public’s continued support for the President, who won his office on the issue of illegal drugs," Roque said.

Regarding the OHCHR's pointing out of the supposed crackdown on critics, the Palace said the UN body's conclusions "is belied by its own findings that the 'Philippines has a long-standing, robust tradition of human rights advocacy and civil society activism, with 60,000 registered non-governmental organizations.'"

The Palace said however that the Philippine government "will continue to respect its international legal obligations, including human rights."

Below is the full text of the Palace statement:

"The Philippine Government welcomes the acknowledgment by the Office of the High Commissioner for Human Rights that the Philippines in recent years has advanced human rights through measures such as universal health care, universal access to tertiary education, the provision of support for mental health, and many others. We are also gratified that the OHCHR has noted our efforts in improving the administration of justice, the provision of treatment and rehabilitation for drug users, and the millions spent for social and economic development programs under initiatives for sustainable peace in conflict-ridden areas. By the OHCHR’s own reckoning, the “legal, constitutional and institutional framework in the Philippines contains human rights safeguards, as well as checks and balances.” 

The Philippine Government continues to ensure the exercise of the rights guaranteed by our Constitution. However, it is also the Philippine Government’s duty to enforce the acknowledged and clear limits of these rights: public order, public safety and security, and public health. In the midst of a crippling pandemic, it is the Philippine Government’s responsibility to ensure that its citizens are not exposed to the virus, misled by misinformation spread under the guise of free speech, or harmed by criminals taking advantage of a precarious situation.

We maintain that the rule of law is upheld in the Philippines and any offenses committed by law-enforcement or otherwise will be dealt with in accordance with due process. Our courts stand ready to receive and rule on any complaints and their autonomy is respected by the Duterte administration. 

Our commitment to the campaign against illegal drugs is buoyed not just by its gains with respect to drug users rehabilitated and drug peddlers stopped, but by the public’s continued support for the President, who won his office on the issue of illegal drugs. 

The OHCHR’s conclusions regarding the supposed crackdown on critical advocates is belied by its own findings that the “Philippines has a long-standing, robust tradition of human rights advocacy and civil society activism, with 60,000 registered non-governmental organizations.” 

The Philippine Government notes the recommendations made by the OHCHR, but cannot commit to their full implementation given the faulty conclusions on which they were premised, among them the alleged violations of the right to life, the supposedly arbitrary deprivation of liberty of those involved in drug cases, the alleged violations of the right to health, and the implication that Filipino civic space is being destroyed by the focus given to public order and national security. We firmly reject these conclusions. 

That being said, the government will continue to respect its international legal obligations, including human rights."

Meanwhile, the Commission on Human Rights on Friday said the Duterte administration should take steps to prevent instances of the police apparently planting evidence on drug war suspects and killings of drug suspects without warrant.

“The Commission on Human Rights of the Philippines (CHR) welcomes the report of the United Nations High Commissioner for Human Rights. As the country’s national human rights institution, we call on the government to acknowledge and address its observations with definitive steps necessary to establish transparency and accountability, especially for the number of human rights violations noted,” the CHR said. —KG, GMA News