On War vs. Drug
GENERAL SANTOS CITY, August 19, 2016 – In the first part of this “COMMENT” article last week, we noted at the end four major issues: (1) war against criminality and drug in disregard of human rights and rules of law; (2) federalization; (3) negotiating peace with the CPP/NPA/NDF; and, (4) implementing the peace agreements with the Moro rebels.
In this article, we will discuss the “(1)”; the “(4)” will be taken up in a separate series. Regarding the “(2)” and “(3)”, let’s wait for clear developments.
An Obsession
Ridding the Philippines of the drug menace was one major plank of his platform. By grimly revealing and vowing how he would wage the drug war, he could have lost the election; but he won. What he promised to do during his campaign was not a show off or threat; he is doing it right now – his election being invoked as his mandate to do so.
It is his obsession. He has repeatedly said he is staking his life, his honor and his presidency on this war. The killings and stern warning started before his proclamation and intensified after his inauguration on June 30.
He devoted a significant part of his SONA on the issue. In term of words, 18 percent of his 9,480-word; of time, 18 of the 98 minutes — five of his first 11 minutes; seven somewhere in the middle; and, six of his last seven minutes. What he told the Congress and the nation amounted to this: Of the many problems we are facing, the drug menace is the most daunting and has to be eradicated right now.
Grave Problem
The President must have presumed – and rightly so – that the members of the Congress and the rest of the nation are aware of the drug problem. Without delving in detail into the nature and evil effects of the drug menace, he stated that the solution of “the drug crisis that has engulfed — malawak (widespread) — the nation” he was puting in the hands of the police, the military and the local government executives particularly of the barangay chairmen – warning them, “Do not do drugs”.
He ordered what needs to be done – that to the police and the military implying “license to kill”. Warning them not to fail or betray their trust, he exhorted, “There will be no let-up in this campaign. Double your efforts. Triple them, if need be. We will not stop until the last drug lord, the last financier, and the last pusher have surrendered or that put behind bars or below the ground, if they so wish.”
Enormity
In warning the police, military, local government executives (LGEs), barangay chairmen and others in seats of power and authority “not to do drugs”, the President intimated his knowledge of the involvement in drug of many from their ranks. Since then, true to his vow, he has publicly revealed the names of police generals and other officials, LGEs, and judges involved in drug.[]
In the last seven minutes of his SONA, he cited statistics to show “the enormity of the problem of drug addiction”. Since July 1: 3,600 drug-related arrests done; 120,000 drug dependents surrendered, 70,000 of them pushers. He reiterated or elaborated some of the facts he had earlier revealed in the middle of his address.
Citing a report from the Philippine Drug Enforcement Agency: Two years ago, there were 3 million drug addicts in this country. Giving “it a liberal addition” of “700,000”, the number now is 3.7 million – “quite staggering and scary” a number.
Media reports, to some extent, corroborate the SONA citations:
Presidential spokesman Ernesto Abella cited statistics from the Dangerous Drugs Board: 99 percent of barangays in Metropolitan Manila and 27 percent of the nation’s 42,000 barangays affected by drug addiction; 1.3 million Filipinos using illegal drugs as reported in PDI (8/12: Senate summons Bato).
In a PDI 8/11 report, “No shortcut in Duterte war on drugs—Palace”, Presidential Chief Legal Salvador Panelo cited the number of surrenderees at approximately 600,000.
As of August 11, 2016, Philippine Daily Inquirer’s “Kill List” listed by names the 603 killed since June 30; 650 since May 10. In a PDI report (8/12: Senate summons Bato), the PNP number is lower – 449 from police operations against drug dealers since Mr. Duterte took office.
Foreign Cartels
Speaking extemporaneously in Tabgilish – a mix of English and Tagalog-Bisaya – he said the drug trade in the Philippines is run by foreign cartels. The so-called Filipino drug lords are just their distributors or franchised manufacturers. He did not specify which drug; he must not be referring to shabu, the most common in the market.
The foreign drug lords operate with advanced technology. The drugs manufactured in boats in international waters or in other countries are packed in drums rigged with satellite-based GPS (Geographical Positioning System) and thrown in coastal waters to be picked up by their contacts. “We are hard put sa (in) intelligence” to intercept them.
Last August 5, Duterte identified the cartels as the Sinaloa in Mexico and the Chinese Triad. They also use the Philippines as transshipment point of drugs. (The Philippine Star, August 5, 2016: Duterte says Mexico, China drug rings operating in Philippines)
Controversy with Critics
All, including Duterte’s outspoken critics, agree with the President in his crusade against drug. However, they oppose his means of doing it on grounds of his evident disregard of human rights, rule of law and due process. Joining them are international human rights institutions, agencies and advocates.
In this brief statement, he was applauded twice: “Human rights must work to uplift human dignity. [applause] But human rights cannot be used as a shield or an excuse to destroy the country — your country and my country. [applause].” He upholds human rights but sees its likelihood to be misused.
He is for the rule of law. “Lest I be misunderstood, let me say clearly, that those who betrayed the people’s trust shall not go unpunished and they will have their day in Court. [applause] And if the evidence warrants, they will have their day of reckoning too.” But his orders to the police to kill – seen as killing with impunity and abetting vigilantism – are contrary to the rule of law and the principles of human rights.
Different Views
Evidently, Duterte and his critics differ in their views. They all see the seriousness of the drug menace – in the Philippines, dating back to the last half of the past century. But they weigh differently the relevance of human rights and rule of law to the solution of the problem. This is the heart of the controversy.
Like Duterte, his critics want the drug menace eradicated but it should be with utmost observance of the rule of law, the due process and the principles of human rights in the apprehension and prosecution of violators of the anti-drug laws. However, they don’t see the irony. Past governments had campaigned against the trafficking and illegal use of drugs. Yet the problem worsened.
Duterte sees not only the utter failure of past anti-drug campaigns but also the irony of how the campaigns had worsened the problem. He sees the cause. The drug lords, their traffickers and pushers shielded by human rights and rule of law, create an environment where they ply their trade with impunity.
Different Actions
Past administrations were helpless. Under the rule of law and due process, anti-drug law violators can be prosecuted only after having been charged in court strictly following the due process; otherwise human rights would be violated.
So, drug lords buy protection from the police and influential politicians to evade apprehension; they hire lawyers who have no scruples in bending the law and due process — even to the extent of bribing judges – to subvert justice.
Drug addiction, per se, does not appear to be a crime – tolerated if it is. Unless, drug addicts commit crimes against person or property, they are not considered as criminals. This abets the expansion of the drug trade.[]