Philippine Human Rights Act
This bill imposes limitations on providing assistance to the police or military of the Philippines.
No federal funds may be used to provide such assistance until the Philippines government has taken certain actions, including (1) investigating and successfully prosecuting members of its military and police forces who have violated human rights; (2) withdrawing the military from domestic policing activities; and (3) establishing that it effectively protects the rights of journalists, civil society activists, and certain other groups.
The President shall also direct U.S. representatives at multilateral development banks to vote against providing loans to the police or military of the Philippines.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1433 Introduced in House (IH)]
<DOC>
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. Garcia of Illinois, Mr.
McGovern, 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
Financial 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 Philippines
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Philippine Human Rights Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States State Department's 2021 Human Rights
Report on the Philippines found ``significant human rights
issues'' in the country, including ``extrajudicial killings, by
and on behalf of the government and nonstate actors; reports of
forced disappearance by and on behalf of the government and
nonstate actors; torture by and on behalf of the government and
nonstate actors; harsh and life-threatening prison conditions;
arbitrary detention by and on behalf of the government and
nonstate actors; serious problems with the independence of the
judiciary.'' The Report also notes, ``serious restrictions on
free expression and media, including violence, threats of
violence, and unjustified arrests or prosecutions of
journalists, censorship, and the use of criminal libel laws to
punish journalists; high-level and widespread government
corruption; serious government restrictions on or harassment of
domestic human rights organizations; and threats and violence
against labor activists''.
(2) The United Nations Office of the High Commissioner for
Human Rights (OHCHR), reported in September 2022, that major
human rights issues persist in the Philippines, including,
``harassment, threats, arrests, attacks, red-tagging against
civil society actors, as well as the continued drug related
killings by police,'' and, ``access to justice for victims of
human rights violations and abuses remained very limited''.
(3) A 2021 international independent investigation,
Investigate Philippines, found that since 2020, ``the
perpetuation of human rights violations by State forces has
become more institutionalized, streamlined, and entrenched, and
domestic remedies for such violations are insufficient,
ineffective at providing redress and halting continued
abuses''. Said investigation further found: police and military
forces are perpetuating violations and obstructing justice;
investigations are not impartial; mechanisms for civilians to
hold police and military accountable are failing; court
protections are inaccessible, slow and discriminatory;
government forces are orchestrating political repression and
militarizing governance; counterinsurgency activities are
targeting lawyers and denying victims access to counsel;
efforts to challenge unjust laws through legal channels are
being dismissed; public institutions and bodies which should
provide checks and balances or oversight have been eviscerated
or lack clout.
(4) In a 2023 report, Human Rights Watch reports there has
been ``no letup'' in the War on drugs in the Philippines under
the Ferdinand Marcos Jr. administration, which leading human
rights organizations estimate took up to 30,000 lives under
former President Rodrigo Duterte.
(5) According to the Joint Report of Trade Unions to the
International Labor Organization, from 2019 to the beginning of
2023, there have been 16 killing of trade unionists, two cases
of forced disappearances, 68 cases of arrests and detention, 90
cases of forced disaffiliation, 58 cases of red-tagging, and
127 cases of intimidation of union leaders and members.
Additionally, the Report notes that the Government of the
Philippines has failed to act on any previous recommendations
by the International Labor Organization to protect workers'
rights, and responded directly to recommendations that, ``it
requires further clarification as to what constitutes effective
measures to prevent violence against workers; what constitutes
immediate and effective investigation''.
(6) In 2022, the International Trade Union Confederation
(ITUC) listed the Philippines as one of the ``10 worst
countries in the world for working people'' for the sixth
consecutive year. In its 2022 report, the ITUC stated:
``Workers and their representatives in the Philippines remained
particularly vulnerable to violent attacks, intimidation and
arbitrary arrests. Trade unionists, maliciously red-tagged by
President Duterte, remained under immediate threat from the
police and the army, which conducted targeted raids against
them. Over 50 trade unionists have been killed since President
Duterte came to power in 2016''.
(7) In the first six months of the Marcos administration
alone, the Alliance for Advancement of People's Rights
(Karapatan) has documented 17 extrajudicial killings, 165
illegal arrests, 9,159 forced evacuations, and 357,726 cases of
harassment and intimidation.
(8) In 2021, the international NGO Global Witness declared
the Philippines to be the deadliest country in Asia for
environmental activists for the ninth consecutive year. Since
President Duterte took office in 2016, 30 environmentalists, 54
indigenous people, and 207 farmers and peasants have been
extrajudicially killed. Included in the targeting of
environmental activists during this timeframe, was United
States citizen, Brandon Lee, who was subjected to an
assassination attempt on August 6, 2019. Brandon Lee has been
subjected to repeated threats and harassment by the Philippine
military due to his advocacy relating to the land and rights of
indigenous people in Ifugao province and the surrounding
Cordillera region of the Philippines. While Brandon Lee
survived the attack, he has been left paralyzed and his
assailants have not been brought to justice.
(9) Philippine State actors have targeted lawyers, judges,
and politicians for repression. According to the National Union
of Peoples' Lawyers, 133 Filipino lawyers have been murdered
over the past 40 years, with 59 being murdered during Duterte's
6-year term as President.
(10) Since February 2017, Senator Leila de Lima, vocal
critic of the Government of the Philippines' human rights
violations, has been jailed on spurious charges. Amnesty
International, other leading human rights organizations, and
the Working Group on Arbitrary Detention in the Office of the
United Nations High Commissioner for Human Rights have
documented the fabricated charges, coerced testimonies, and
other violations of Senator de Lima's rights that have
occurred. This case reflects a broader pattern, with
authorities in the Philippines consistently targeting political
opposition leaders through politically motivated, spurious
charges.
(11) It is widely recognized that the Government of the
Philippines silences dissent and the press. In May 2020, ABS-
CBN, one of the Philippines' two major sources of news, and an
occasional critic of Duterte's policies, was forced off air due
to the denial of a franchise license by the Congress of the
Philippines, at the behest of the Duterte administration.
Similarly, Maria Ressa, a vocal critic of the repressive
practices of State security forces, recipient of the 2021 Nobel
Peace Prize, and founder of the digital news site Rappler was
convicted of cyber libel in June 2020. Multiple journalists
critical of the Government, including Percy Lapid--a radio
broadcaster and critic of the Marcos administration who was
killed in October 2022--have been murdered since the beginning
of the Marcos administration. And according to Freedom House's
2022 report on the Philippines, ``impunity remains the norm for
violent crimes against activists and journalists''.
(12) On March 7, 2021, nine activists were killed in a
joint operation conducted by the Philippine National Police and
the Armed Forces of the Philippines in an event widely referred
to as ``Bloody Sunday'' in the Philippines. Included in those
who were killed by State security forces was labor leader
Emmanuel ``Manny'' Asuncion. The Philippines' Department of
Justice has declined to prosecute individuals implicated in the
murder of Manny Asuncion, as well as in the murders of other
activists. This failure to bring perpetrators to justice
reflects the systemic lack of accountability within Philippine
State security forces and prosecutorial agencies.
(13) On July 3, 2020, the Anti-Terrorism Act of the
Philippines was passed into law. While purporting to counter
terrorism, the bill rolls back many civil liberties by
lessening requirements for judicial warrants, allows for
extended pre-trial detention, and allows for the prosecution of
conduct that is considered protected political speech. The
Anti-Terrorism Act is viewed by many as a threat to Freedom of
Speech in the Philippines. Representative Jan Schakowsky, along
with 49 other members of the United States Congress, urged the
Government of the Philippines to repeal ``this repressive
legislation''.
(14) The practice of ``red-tagging'', wherein the
Government labels activists, critics, and non-governmental
organizations as terrorists, has been growing in the
Philippines, including the red-tagging of overseas Filipinos,
United States citizens, and Philippine election observers. This
tactic is used to isolate individuals or groups and chill
political speech, and in many cases, mark them for harassment
or assassination by Philippines security or paramilitary
forces.
(15) The Government of the Philippines fails to cooperate
in matters of international law, including the International
Criminal Court investigation into alleged crimes committed in
the Philippines between November 1, 2011, and March 16, 2019,
in the context of the so-called ``war on drugs'' campaign.
(16) The Armed Forces of the Philippines uses tactics of
strafing and aerial bombings in military operations that have
killed dozens and displaced thousands of civilians. In 2017,
Armed Forces conducted a widespread bombing campaign on Marawi
City, displacing 400,000 people and destroying the city. In
2019, AFP bombings in Mindanao displaced 300 Indigenous People.
In November 2021, peace advocates called for a stop to ongoing
aerial bombings in Bukidnon. In February 2022, the Armed Forces
dropped at least 30 bombs in Cagayan Valley where there is a
population of 41,680 people. In October 2022, the 94th infantry
battalion conducted strafing and bombings in Negros Occidental,
resulting in over 15,000 evacuees.
(17) The United States continues to provide robust
assistance to state security forces of the Philippines. Despite
clear documentation of abuses and international condemnation,
in April 2020, the United States announced a pair of arms sales
totaling $2,000,000,000 for items including hellfire missiles
and attack helicopters. In July 2020, the United States
announced an additional sale of $126,000,000 worth of assault
boats and armaments. In October 2022, the United States
provided $100,000,000 in military financing.
SEC. 3. SUSPENSION OF SECURITY ASSISTANCE.
(a) Suspension of Security Assistance.--No Federal funds are
authorized to be appropriated or otherwise made available to provide
assistance for the police or military of the Philippines, including
assistance in the form of equipment or training, until the date
described in subsection (d).
(b) Loans From Multilateral Development Banks.--The President shall
instruct United States representatives at multilateral development
banks to vote against providing any loans to the police or military of
the Philippines.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspectors General of the Department of
State and Department of Defense shall jointly submit to the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report that--
(1) specifies all forms of security assistance or loans
made available to the Philippine National Police or the Armed
Forces of the Philippines, including any organizations or
individuals operating with the authority of the Philippine
National Police or the Armed Forces of the Philippines, by the
United States or by multilateral development banks during the
period beginning January 1, 2016, and ending on the date of the
submission of the report;
(2) contains all reports generated by recipients of United
States security assistance or loans from multilateral
development banks to the Philippines with respect to the use,
investment, or transfer of such assistance or loans; and
(3) details any and all misuses of security assistance and
loans during the period beginning January 1, 2016, and ending
on the date of the submission of the report by the Philippine
National Police, the Armed Forces of the Philippines, or any
affiliated groups or individuals, such as extrajudicial
killings, intimidation of political opponents, illegal sales
under Philippine or international law, or misappropriation.
(d) Conditions for Lifting Suspension of Assistance.--The
suspension of security assistance under subsection (a) shall terminate
on the date on which the Secretary of State certifies to the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate that the Government of the Philippines
has--
(1) investigated and successfully prosecuted members of
military and police forces who have violated human rights,
ensured that the military and police cooperated in such cases,
and affirmed that such violations have ceased;
(2) withdrawn the military from involvement in domestic
policing activities, in accordance with the Philippine
Constitution, and ensured that all domestic police functions
are separated from the military chain of command and are
instead directly responsible to civilian authorities;
(3) established that it effectively protects the rights of
trade unionists, journalists, human rights defenders, critics
of the Government, faith and religious leaders, and other civil
society activists to operate without interference;
(4) taken effective steps to guarantee a judicial system
that is capable of investigating, prosecuting, and bringing to
justice members of the police and military who have committed
human rights abuses; and
(5) fully complied with domestic and United States audits
and investigations regarding the improper use of prior security
assistance.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial 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.
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