Drug war’s ‘new face’

The Department of Justice is backing a more human rights-based and public health approach to the country’s pressing drug problem—one that would not demonize or dehumanize drug users.

This means, Justice Undersecretary Jesse Andres said, adapting a “wider spectrum of solutions that is holistic, responsive, and more grounded—one that does not entail guns, threats, and intimidation.” This solution involves not only law enforcement, but also socioeconomic, educational, and medical interventions, with Andres noting that medical professionals, like psychologists and psychotherapists, are in a “better position” to handle drug use cases. He made these statements at the drug policy and reform summit this past week where he also noted that various administrations have been “unable to fully address [the drug problem].”

In 2016, the Duterte administration launched “Oplan Tokhang,” which killed 6,000 people per records from the Philippine National Police, a figure that human rights organizations dispute saying the number could be over 12,000. These extrajudicial killings (EJKs) became the hallmark of the previous administration and are now the subject of a case at the International Criminal Court (ICC).

Community-based treatment

During this second State of the Nation Address (Sona) in 2023, President Marcos said that his administration will continue the anti-drug campaign but it will veer away from his predecessor’s violent solution: “The campaign against illegal drugs continues—but it has taken on a new face. It is now geared towards community-based treatment, rehabilitation, education, and reintegration, to curb drug dependence amongst our affected citizenry.”

His administration launched the BIDA Program or the Buhay Ingatan, Droga’y Ayawan last 2022. Last January, the President said that over 70 drug rehabilitation centers have been built, P10.4 billion worth of illegal drugs confiscated from January to December 2023, more than 27,000 barangays “cleared” of narcotics, and 56,495 suspects arrested after conducting more than 44,000 anti-illegal drug operations.

Despite the pivot away from the violent drug war, however, a report from the US Department of State released last April said EJKs in the Philippines have remained a “serious problem” and that the human rights situation has “no significant changes” although it did acknowledge that the number of arbitrary and extrajudicial killings and “some other abuses by government agents” decreased in 2023 with 209 drug-related deaths from January to August last year.

Prosecution of policemen

Human rights group Amnesty International said the same thing—that the killings have persisted under the current administration with over 600 drug-related deaths since June 2022. It urged the Marcos administration to “make an explicit and categorical policy pronouncement to end the so-called ‘war on drugs’ and extrajudicial killings.” It added that the government should cooperate with the ICC investigation, rejoin The Hague-based court prosecuting crimes against humanity, and ensure safeguards to prevent withdrawal from the tribunal in the future.

On top of these conditions mentioned by Amnesty International, what the public also wants aside from a total stop to the drug-related killings is to see the prosecution of policemen involved in the EJKs. The more recent case of 17-year-old Jemboy Baltazar who was shot dead in Navotas by police officers in August 2023 saw six policemen initially charged with murder; four of them later received lighter penalties, while one was acquitted and one was charged with homicide. The families of many other victims of EJKs, especially those committed under the previous administration, have yet to receive justice. Veering away from the punitive culture in addressing the drug problem is indeed a welcome development, but the Marcos administration must still demonstrate that it is committed to the judicial process by holding those behind these EJKs accountable.

Reintegration into society

At the same time, it must pursue amendments to Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, including measures that focus on the health solution if it seriously considers the drug problem a public health issue. Several bills are pending in the Senate and the House of Representatives proposing that drug users be referred to the appropriate health facility for treatment and rehabilitation, then later reintegration into society. More importantly, beyond amending the law to adopt a more holistic solution to the drug problem, the government must provide adequate funding for building and maintaining rehabilitation centers.The President’s Sona eight days from now is the best opportunity to unveil this “new face” of the anti-drug campaign by providing more details on how the government intends to make it starkly different from the controversial “tokhang” operations of the past. Whether it is indeed a more humanized and just solution will depend on the implementation and remains to be seen.