Philippine Human Rights Act
Bill: H.R.3884 | Sponsor: Rep. Wild, Susan (D-PA)
Policy area: International Affairs

Summary:
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 and civil society activists.
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.

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 U.S. State Department's 2020 Human Rights Report on 
        the Philippines states ``There were numerous reports of 
        government security agencies and their informal allies 
        committed arbitrary or unlawful killings in connection with the 
        government directed campaign against illegal drugs.''. The 
        Report goes on to state, ``Government mechanisms to investigate 
        and punish abuse and corruption in the security forces were 
        poorly resourced and remained largely ineffective''. The United 
        Nations Office of the High Commissioner on Human Rights in its 
        annual report for the 44th Session of the Human Rights Council 
        concluded that there is ``long-standing overemphasis on public 
        order and national security at the expense of human rights has 
        become more acute in recent years, and there are concerns that 
        the vilification of dissent is being increasingly 
        institutionalized and normalized in ways that will be very 
        difficult to reverse;''.
            (2) The United States continues to provide support via 
        security assistance to the administration of Philippines 
        President Duterte, whose brutal Drug War and other campaigns 
        have taken the lives of over 30,000 urban poor, peasants, 
        workers, indigenous and environmental activists as well as 
        human rights defenders, religious leaders, and peace advocates.
            (3) Government agencies of the Philippines report 4,948 
        suspected drug users and dealers, including 60 children, died 
        during police operations from July 1, 2016 to September 30, 
        2018, and according to Human Rights Watch, the Philippine 
        National Police (PNP) have reported 22,983 deaths remain 
        classified as ``homicides under investigation'' since the Drug 
        War began.
            (4) As of December 2020, the Alliance for Advancement of 
        People's Rights (``Karapatan'') has documented 376 
        extrajudicial political killings, 488 victims of attempted 
        politically motivated killings, 222 victims of torture, around 
        3,600 victims of illegal arrests, over 100,000 victims of 
        threats and harassments, and nearly half a million internal 
        refugees under the Duterte administration.
            (5) Duterte has blatantly targeted and publicly advocated 
        for the killing of faith leaders. Catholic Bishops, priests, 
        pastors, and laity have been threatened, intimidated, harassed 
        and murdered for speaking out against extra-judicial killings 
        and the war on drugs.
            (6) Duterte has also abused his office by targeting critics 
        and political opponents for intimidation and elimination. Since 
        Duterte took office, over 30 labor leaders have been murdered 
        and 3 have been jailed as political prisoners, over 25 mayors 
        and vice mayors have been assassinated, and Senator Leila De 
        Lima who has been a staunch critic of the drug war killings 
        having been detained for over 4 years.
            (7) The international NGO Global Witness has declared the 
        Philippines to be the deadliest country in the world for 
        defenders of human rights, the environment, and natural 
        resources, with 30 environmentalists, 54 indigenous people, and 
        207 farmers and peasants extrajudicially killed since Duterte 
        took office in 2016. Included in the targeting of environmental 
        activists was American citizen, Brandon Lee, who was subjected 
        to an assassination attempt on August 6, 2019. Brandon 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.
            (8) It is widely recognized that the Duterte administration 
        silences dissent and the press. The State Department's 2019 
        Report states, ``Government harassment of some media outlets 
        occurred, however, and polls suggested many Filipinos consider 
        it dangerous to publish information critical of the 
        administration.''. 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 Duterte 
        administration, Times Magazine's Person of the Year 2018 
        recipient, and founder of the digital news site Rappler was 
        convicted of cyber libel in June 2020.
            (9) 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 and yet another tool the Duterte 
        administration will use to silence critics and political 
        rivals. Representative Jan Schakowsky, along with 49 other 
        members of the U.S. Congress, urged the government of the 
        Philippines to repeal ``this repressive legislation''.
            (10) The practice of ``red-tagging'', wherein the 
        government labels activists, critics, and non-governmental 
        organizations as terrorists, has been growing in the 
        Philippines from 2020 to 2021. This tactic is used to isolate 
        individuals or groups and, in many cases, mark them for 
        harassment or assassination by Philippines security or 
        paramilitary forces.
            (11) On March 7, 2021, the Armed Forces of the Philippines 
        (AFP) and Philippines National Police (PNP) carried out a 
        series of joint operations across Calabarzon. The operations 
        led to the murder of nine activists and the arrest of six 
        others. The victims were members of progressive organizations 
        that advocated around issues of labor, land and indigenous 
        rights, environmental protections, and housing rights for the 
        urban poor. The Philippine government claims that it carried 
        out the raids in Calabarzon to execute valid search warrants 
        for weapons and that the killings only resulted from the 
        victims resisting arrest. This claim has been met with extreme 
        skepticism due to the government's history of fabricating 
        evidence and ``red-tagging'' progressive groups and activists. 
        Further suspicion was cast on the allegations of resisting 
        arrest when family members of the victims were prohibited by 
        the PNP and AFP from collecting the victim's bodies. Following 
        the attacks in Calabarzon, Duterte's spokesperson endorsed the 
        killings of the activists and security forces began to surveil 
        and harass human rights groups that are investigating the 
        killings.
            (12) The United States continues to arm 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.

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>