Philippine Human Rights Act

I 118TH CONGRESS 1ST SESSION H. R. 1433 To suspend the provision of security assistance to the Philippines until the Government of the Philippines has made certain reforms to the military and police forces, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 7, 2023 Ms. WILD (for herself, Ms. SCHAKOWSKY, Mr. GARCI´A of Illinois, Mr. MCGOV- ERN, Mr. POCAN, Mr. RASKIN, Ms. OMAR, Mr. GOMEZ, Mr. GRIJALVA, and Ms. NORTON) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Fi- nancial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To suspend the provision of security assistance to the Phil- ippines until the Government of the Philippines has made certain reforms to the military and police forces, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Philippine Human 4 Rights Act’’. 5 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1433 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The United States State Department’s 3 2021 Human Rights Report on the Philippines 4 found ‘‘significant human rights issues’’ in the coun- 5 try, including ‘‘extrajudicial killings, by and on be- 6 half of the government and nonstate actors; reports 7 of forced disappearance by and on behalf of the gov- 8 ernment and nonstate actors; torture by and on be- 9 half of the government and nonstate actors; harsh 10 and life-threatening prison conditions; arbitrary de- 11 tention by and on behalf of the government and 12 nonstate actors; serious problems with the independ- 13 ence of the judiciary.’’ The Report also notes, ‘‘seri- 14 ous restrictions on free expression and media, in- 15 cluding violence, threats of violence, and unjustified 16 arrests or prosecutions of journalists, censorship, 17 and the use of criminal libel laws to punish journal- 18 ists; high-level and widespread government corrup- 19 tion; serious government restrictions on or harass- 20 ment of domestic human rights organizations; and 21 threats and violence against labor activists’’. 22 (2) The United Nations Office of the High 23 Commissioner for Human Rights (OHCHR), re- 24 ported in September 2022, that major human rights 25 issues persist in the Philippines, including, ‘‘harass- 26 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1433 IH ment, threats, arrests, attacks, red-tagging against 1 civil society actors, as well as the continued drug re- 2 lated killings by police,’’ and, ‘‘access to justice for 3 victims of human rights violations and abuses re- 4 mained very limited’’. 5 (3) A 2021 international independent investiga- 6 tion, Investigate Philippines, found that since 2020, 7 ‘‘the perpetuation of human rights violations by 8 State forces has become more institutionalized, 9 streamlined, and entrenched, and domestic remedies 10 for such violations are insufficient, ineffective at pro- 11 viding redress and halting continued abuses’’. Said 12 investigation further found: police and military 13 forces are perpetuating violations and obstructing 14 justice; investigations are not impartial; mechanisms 15 for civilians to hold police and military accountable 16 are failing; court protections are inaccessible, slow 17 and discriminatory; government forces are orches- 18 trating political repression and militarizing govern- 19 ance; counterinsurgency activities are targeting law- 20 yers and denying victims access to counsel; efforts to 21 challenge unjust laws through legal channels are 22 being dismissed; public institutions and bodies which 23 should provide checks and balances or oversight have 24 been eviscerated or lack clout. 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1433 IH (4) In a 2023 report, Human Rights Watch re- 1 ports there has been ‘‘no letup’’ in the War on drugs 2 in the Philippines under the Ferdinand Marcos Jr. 3 administration, which leading human rights organi- 4 zations estimate took up to 30,000 lives under 5 former President Rodrigo Duterte. 6 (5) According to the Joint Report of Trade 7 Unions to the International Labor Organization, 8 from 2019 to the beginning of 2023, there have been 9 16 killing of trade unionists, two cases of forced dis- 10 appearances, 68 cases of arrests and detention, 90 11 cases of forced disaffiliation, 58 cases of red-tagging, 12 and 127 cases of intimidation of union leaders and 13 members. Additionally, the Report notes that the 14 Government of the Philippines has failed to act on 15 any previous recommendations by the International 16 Labor Organization to protect workers’ rights, and 17 responded directly to recommendations that, ‘‘it re- 18 quires further clarification as to what constitutes ef- 19 fective measures to prevent violence against workers; 20 what constitutes immediate and effective investiga- 21 tion’’. 22 (6) In 2022, the International Trade Union 23 Confederation (ITUC) listed the Philippines as one 24 of the ‘‘10 worst countries in the world for working 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1433 IH people’’ for the sixth consecutive year. In its 2022 1 report, the ITUC stated: ‘‘Workers and their rep- 2 resentatives in the Philippines remained particularly 3 vulnerable to violent attacks, intimidation and arbi- 4 trary arrests. Trade unionists, maliciously red- 5 tagged by President Duterte, remained under imme- 6 diate threat from the police and the army, which 7 conducted targeted raids against them. Over 50 8 trade unionists have been killed since President 9 Duterte came to power in 2016’’. 10 (7) In the first six months of the Marcos ad- 11 ministration alone, the Alliance for Advancement of 12 People’s Rights (Karapatan) has documented 17 13 extrajudicial killings, 165 illegal arrests, 9,159 14 forced evacuations, and 357,726 cases of harassment 15 and intimidation. 16 (8) In 2021, the international NGO Global Wit- 17 ness declared the Philippines to be the deadliest 18 country in Asia for environmental activists for the 19 ninth consecutive year. Since President Duterte took 20 office in 2016, 30 environmentalists, 54 indigenous 21 people, and 207 farmers and peasants have been 22 extrajudicially killed. Included in the targeting of en- 23 vironmental activists during this timeframe, was 24 United States citizen, Brandon Lee, who was sub- 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1433 IH jected to an assassination attempt on August 6, 1 2019. Brandon Lee has been subjected to repeated 2 threats and harassment by the Philippine military 3 due to his advocacy relating to the land and rights 4 of indigenous people in Ifugao province and the sur- 5 rounding Cordillera region of the Philippines. While 6 Brandon Lee survived the attack, he has been left 7 paralyzed and his assailants have not been brought 8 to justice. 9 (9) Philippine State actors have targeted law- 10 yers, judges, and politicians for repression. Accord- 11 ing to the National Union of Peoples’ Lawyers, 133 12 Filipino lawyers have been murdered over the past 13 40 years, with 59 being murdered during Duterte’s 14 6-year term as President. 15 (10) Since February 2017, Senator Leila de 16 Lima, vocal critic of the Government of the Phil- 17 ippines’ human rights violations, has been jailed on 18 spurious charges. Amnesty International, other lead- 19 ing human rights organizations, and the Working 20 Group on Arbitrary Detention in the Office of the 21 United Nations High Commissioner for Human 22 Rights have documented the fabricated charges, co- 23 erced testimonies, and other violations of Senator de 24 Lima’s rights that have occurred. This case reflects 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1433 IH a broader pattern, with authorities in the Philippines 1 consistently targeting political opposition leaders 2 through politically motivated, spurious charges. 3 (11) It is widely recognized that the Govern- 4 ment of the Philippines silences dissent and the 5 press. In May 2020, ABS-CBN, one of the Phil- 6 ippines’ two major sources of news, and an occa- 7 sional critic of Duterte’s policies, was forced off air 8 due to the denial of a franchise license by the Con- 9 gress of the Philippines, at the behest of the Duterte 10 administration. Similarly, Maria Ressa, a vocal critic 11 of the repressive practices of State security forces, 12 recipient of the 2021 Nobel Peace Prize, and found- 13 er of the digital news site Rappler was convicted of 14 cyber libel in June 2020. Multiple journalists critical 15 of the Government, including Percy Lapid—a radio 16 broadcaster and critic of the Marcos administration 17 who was killed in October 2022—have been mur- 18 dered since the beginning of the Marcos administra- 19 tion. And according to Freedom House’s 2022 re- 20 port on the Philippines, ‘‘impunity remains the norm 21 for violent crimes against activists and journalists’’. 22 (12) On March 7, 2021, nine activists were 23 killed in a joint operation conducted by the Phil- 24 ippine National Police and the Armed Forces of the 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1433 IH Philippines in an event widely referred to as ‘‘Bloody 1 Sunday’’ in the Philippines. Included in those who 2 were killed by State security forces was labor leader 3 Emmanuel ‘‘Manny’’ Asuncion. The Philippines’ De- 4 partment of Justice has declined to prosecute indi- 5 viduals implicated in the murder of Manny Asun- 6 cion, as well as in the murders of other activists. 7 This failure to bring perpetrators to justice reflects 8 the systemic lack of accountability within Philippine 9 State security forces and prosecutorial agencies. 10 (13) On July 3, 2020, the Anti-Terrorism Act 11 of the Philippines was passed into law. While pur- 12 porting to counter terrorism, the bill rolls back many 13 civil liberties by lessening requirements for judicial 14 warrants, allows for extended pre-trial detention, 15 and allows for the prosecution of conduct that is 16 considered protected political speech. The Anti-Ter- 17 rorism Act is viewed by many as a threat to Free- 18 dom of Speech in the Philippines. Representative 19 Jan Schakowsky, along with 49 other members of 20 the United States Congress, urged the Government 21 of the Philippines to repeal ‘‘this repressive legisla- 22 tion’’. 23 (14) The practice of ‘‘red-tagging’’, wherein the 24 Government labels activists, critics, and non-govern- 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 1433 IH mental organizations as terrorists, has been growing 1 in the Philippines, including the red-tagging of over- 2 seas Filipinos, United States citizens, and Philippine 3 election observers. This tactic is used to isolate indi- 4 viduals or groups and chill political speech, and in 5 many cases, mark them for harassment or assassina- 6 tion by Philippines security or paramilitary forces. 7 (15) The Government of the Philippines fails to 8 cooperate in matters of international law, including 9 the International Criminal Court investigation into 10 alleged crimes committed in the Philippines between 11 November 1, 2011, and March 16, 2019, in the con- 12 text of the so-called ‘‘war on drugs’’ campaign. 13 (16) The Armed Forces of the Philippines uses 14 tactics of strafing and aerial bombings in military 15 operations that have killed dozens and displaced 16 thousands of civilians. In 2017, Armed Forces con- 17 ducted a widespread bombing campaign on Marawi 18 City, displacing 400,000 people and destroying the 19 city. In 2019, AFP bombings in Mindanao displaced 20 300 Indigenous People. In November 2021, peace 21 advocates called for a stop to ongoing aerial bomb- 22 ings in Bukidnon. In February 2022, the Armed 23 Forces dropped at least 30 bombs in Cagayan Valley 24 where there is a population of 41,680 people. In Oc- 25 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 1433 IH tober 2022, the 94th infantry battalion conducted 1 strafing and bombings in Negros Occidental, result- 2 ing in over 15,000 evacuees. 3 (17) The United States continues to provide ro- 4 bust assistance to state security forces of the Phil- 5 ippines. Despite clear documentation of abuses and 6 international condemnation, in April 2020, the 7 United States announced a pair of arms sales total- 8 ing $2,000,000,000 for items including hellfire mis- 9 siles and attack helicopters. In July 2020, the 10 United States announced an additional sale of 11 $126,000,000 worth of assault boats and arma- 12 ments. In October 2022, the United States provided 13 $100,000,000 in military financing. 14 SEC. 3. SUSPENSION OF SECURITY ASSISTANCE. 15 (a) SUSPENSION OF SECURITY ASSISTANCE.—No 16 Federal funds are authorized to be appropriated or other- 17 wise made available to provide assistance for the police 18 or military of the Philippines, including assistance in the 19 form of equipment or training, until the date described 20 in subsection (d). 21 (b) LOANS FROM MULTILATERAL DEVELOPMENT 22 BANKS.—The President shall instruct United States rep- 23 resentatives at multilateral development banks to vote 24 VerDate Sep 11 2014 02:06 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1433.IH H1433 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 1433 IH against providing any loans to the police or military of 1 the Philippines. 2 (c) REPORT REQUIRED.—Not later than 180 days 3 after the date of the enactment of this Act, the Inspectors 4 General of the Department of State and Department of 5 Defense shall jointly submit to the Committee on Foreign 6 Affairs of the House of Represen [Text truncated for display. Full text available on Congress.gov.]