MOTION FOR A RESOLUTION on the Philippines
17.4.2018 - (2018/2662(RSP))
pursuant to Rule 135 of the Rules of Procedure
Charles Tannock, Notis Marias, Anna Elżbieta Fotyga, Raffaele Fitto, Valdemar Tomaševski, Ruža Tomašić, Pirkko Ruohonen-Lerner, Monica Macovei on behalf of the ECR Group
See also joint motion for a resolution RC-B8-0198/2018
The European Parliament,
- having regard to its previous resolutions on the situation in the Philippines, including those of 15 March 2017 and 15 September 2016;
- having regard to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part;
- having regard to the Charter of the Association of Southeast Asian Nations (ASEAN), which entered into force on 15 December 2008 and to which the Philippines is party;
- having regard to the Universal Declaration of Human Rights of 1948;
- having regard to the 1966 International Covenant on Civil and Political Rights;
- having regard to the Universal Declaration of Human Rights of 1948;
- having regard to the EU Guidelines on human rights;
- having regard to the Rome Statute of the International Criminal Court;
- having regard to the statement by the European External Action Service of 16 March 2018 regarding the Philippines’ decision to withdraw from the International Criminal Court;
- having regard to the Constitution of the Republic of the Philippines, notably Articles 3 and 11 therein;
- having regard to the EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Philippines covering the period 2016-2017;
- having regard to the United Nations Convention on the Rights of the Child;
- having regard to Rule 135 of its Rules of Procedure;
A. whereas the European Union, its Member States, and the Republic of the Philippines have long-standing diplomatic, economic, cultural and political relations, with the two sides seeking to work in partnership on a broad range of regional and global issues;
B. whereas since President Rodrigo Duterte launched a drive to end all levels of drug crime across his country in 2016 an estimated 12,000 people have been killed, triggering an investigation by the International Criminal Court for crimes against humanity;
C. whereas in March 2018 the Government of Philippines expressed its intention to withdraw from the International Criminal Court;
D. whereas the International Criminal Court is a key global institution providing justice for those confronted with serious crimes where it is not possible at a national level;
E. whereas the Duterte administration has widened its war on drugs to include critics, human rights groups, and political opponents seeking to expose abuses;
F. whereas in August 2016 Senator Leila de Lima, former Justice Secretary and chairman of the Philippine Commission on Human Rights, led an investigation into the killings of thousands of drug users and dealers; whereas in February 2017 she was arrested and subsequently convicted of accepting money from jailed drugs lords; whereas Senator de Lima remains in prison;
G. whereas Article 3 (1) of the Constitution of the Republic of the Philippines states that “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws”;
H. whereas the EU-Philippines Partnership and Cooperation Agreement calls for the establishment of a meaningful Human Rights dialogue in the form of a Working Group on Human Rights;
I. whereas human rights defenders, journalists, and activists routinely face threats, harassment, intimidation, and violence for seeking to expose allegations of extra-judicial killings and other human rights abuses in the Philippines;
J. whereas in March 2017 the Philippines House of Representatives approved a Bill to reinstate the death penalty for serious drug related crimes; whereas on 12 April 2018 an Amnesty International report highlighted a four per cent fall in the number of executions globally in 2017;
K. whereas in 2017 the Philippines held the chairmanship of Association of Southeast Asian Nations (ASEAN), an organisation whose Charter calls on its members to adhere to the principles of democracy, rule of law, and good governance, as well as respect for and protection of human rights and fundamental freedoms;
L. whereas in July 2017 a Philippine human rights group claimed police had killed 56 children since the start of the drug war, most of whom were in the company of adults who were the apparent target of the shooting;
M. whereas public opposition in the Philippines promoted the Congress to reject legislation aimed at reducing the criminal age of responsibility from the current 15 years;
N. whereas the Philippines is facing the fastest-growing epidemic of HIV in the Asia-Pacific region, caused by the Government’s ineffective policies and the insurgency against drug users and dealers, as well as discrimination against members of the LGBTI community;
O. whereas the escalation in unlawful killings associated with the war on drugs has strained relations with the Philippines’ international partners; whereas President Duterte has repeatedly threatened to seek stronger relations with countries such as Russia and China, which have not criticised his actions;
P. whereas the Republic of the Philippines’ membership of the United Nations Human Rights Council expires at the end of 2018;
Q. whereas in February 2018 a the Philippine Justice Ministry filed a court petition seeking the declaration of more than 600 people as terrorists, including the United Nations Special Rapporteur on the rights of indigenous peoples;
1. Condemns the extrajudicial killings by individuals and authorities in the Philippines in the name of the so-called war on drugs and reminds the Government in Manila of its responsibilities under the terms of the national Constitution as well as international law;
2. Calls for an immediate end to the killings associated with the war on drugs and urges the Government of the Philippines to work with national, regional, and international partners to tackle the causes of drug abuse and trafficking via peaceful, lawful means in line with accepted global standards;
3. Supports calls for a United Nations-led investigation into the killings in the Philippines and for those accountable to be brought to justice;
4. Demands the immediate release of Senator Leila de Lima and all those held unfairly on politically motivated charges imposed due to their criticism of and investigations into the extrajudicial killings;
5. Deeply regrets the decision of the Republic of the Philippines to seek its withdrawal from the Rome Statute of the International Criminal Court;
6. Condemns all threats, harassment, intimidation, and violence against those seeking to expose allegations of extra-judicial killings and other human rights abuses in the Philippines, including human rights defenders, journalists, and activists;
7. Reminds the Government of the Philippines of the rights of all its citizens enshrined within the country’s Constitution, including protection against torture, force, violence, threat, or intimidation;
8. Urges the EU to use all available instruments and diplomatic measures at its disposal to encourage the Government of the Philippines to fulfil its international commitments and human rights obligations;
9. Encourages the EU and its Member States to consider calling for the Republic of the Philippines to be removed from the United Nations Human Rights Council before its current membership term expires at the end of 2018;
10. Calls on the Government of the Philippines to allow unfettered access by the United Nations Special Rapporteur on the rights of indigenous peoples to investigate alleged unlawful killings and other abuses;
11. Calls on the member states of the Association of Southeast Asian Nations to put pressure on the Government of the Philippines over alleged unlawful killings and other abuses in the anti-drug campaign;
12. Encourages the EU and its Member States to examine the GSP+ preferential trade and human rights mechanisms which may be applied in relation to the Philippines and in response to abuses committed during the ongoing anti-drug campaign;
13. Notes that the Philippines House of Representatives has voted to reinstate the death penalty for serious drug offences at a time when the number of executions globally has fallen and more countries are either abolishing or introducing a moratorium on the use of the death penalty;
14. Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission, the parliaments and governments of the Member States, the President and Government of the Republic of the Philippines, the chairman of the Association of Southeast Asian Nations, and the United Nations High Commissioner for Human Rights.