[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 142 Agreed to Senate (ATS)]
<DOC>
116th CONGRESS
2d Session
S. RES. 142
Condemning the Government of the Philippines for its continued
detention of Senator Leila De Lima, calling for her immediate release,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2019
Mr. Markey (for himself, Mr. Rubio, Mr. Durbin, Mrs. Blackburn, Mr.
Coons, Mr. Merkley, Ms. Smith, Mr. Leahy, Mr. Schatz, Mrs. Feinstein,
Mr. Booker, and Mr. Cardin) submitted the following resolution; which
was referred to the Committee on Foreign Relations
December 17, 2019
Reported by Mr. Risch, with an amendment and an amendment to the
preamble
January 8, 2020
Considered, amended, and agreed to with an amended preamble
_______________________________________________________________________
RESOLUTION
Condemning the Government of the Philippines for its continued
detention of Senator Leila De Lima, calling for her immediate release,
and for other purposes.
Whereas extrajudicial killings perpetrated by the Government of the Philippines
as part of a government-directed antidrug campaign present the foremost
human rights challenge in the Philippines;
Whereas the Department of State's 2017 Human Rights Report notes numerous human
rights concerns, including the persecution of human rights defenders and
the detention of political prisoners in the Philippines, stating, ``The
most significant human rights issues included: killings by security
forces, vigilantes and others allegedly connected to the government, and
by insurgents; torture and abuse of prisoners and detainees by security
forces; often harsh and life threatening prison conditions; warrantless
arrests by security forces and cases of apparent government disregard
for legal rights and due process; political prisoners; killings of and
threats against journalists; official corruption and abuse of power;
threats of violence against human rights activists; violence against
women; and forced labor.'';
Whereas the Department of State's 2018 Human Rights report notes numerous human
rights concerns in the Philippines, including ``unlawful or arbitrary
killings by security forces, vigilantes, and others allegedly connected
to the government, and by insurgents; forced disappearance; torture;
arbitrary detention; harsh and life-threatening prison conditions;
political prisoners; arbitrary or unlawful interference with privacy;
criminal libel; killings of and threats against journalists; official
corruption and abuse of power; and the use of forced and child labor'';
Whereas, on February 23, 2017, an arrest warrant was issued for Philippine
Senator Leila De Lima for allegations related to drug trafficking, and
as of April 4, 2019, Senator De Lima had been detained for 770 days;
Whereas the charges brought against Senator De Lima followed a history of
criticizing extrajudicial killings in the Philippines and the Rodrigo R.
Duterte administration's antidrug campaign, including--
(1) in 2009, in her capacity as Chair of the Commission on Human
Rights, Senator De Lima investigated the alleged involvement of then-Mayor
of Davao City Rodrigo R. Duterte in the extrajudicial killings executed by
the so-called ``Davao Death Squad'';
(2) on December 15, 2014, then-Secretary of Justice De Lima led a raid
of the national penitentiary which resulted in the confiscation of drugs,
firearms, and contraband items and the extraction of 19 drug lords and
high-profile inmates involved in the facility's drug network;
(3) on July 13, 2016, Senator De Lima, in her capacity as Chair of the
Senate Committee on Justice and Human Rights, filed Senate Resolution No. 9
calling for an investigation into extrajudicial killings and summary
executions of suspected drug offenders arising from President Duterte's
``War on Drugs'';
(4) on August 22, 2016, Senator De Lima conducted Senate hearings
during which alleged former death squad members detailed extrajudicial
killings executed as part of the antidrug campaign and one member testified
that Duterte participated in extrajudicial killings as mayor of Davao City;
and
(5) on August 2, 2016, and September 19, 2016, Senator De Lima
delivered two privileged speeches on the Senate floor calling on President
Duterte to end the killings;
Whereas President Duterte vowed to publicly destroy Senator De Lima;
Whereas the charges against Senator De Lima were supported by testimony from
inmates whose illegal activities were disrupted by her 2014 raid;
Whereas the United Nations Human Rights Council's Working Group on Arbitrary
Detention adopted an Opinion on August 24, 2018, finding several
categories of arbitrary detention and concluding, ``Ms. De Lima's
political views and convictions are clearly at the centre of the present
case and that the authorities have displayed an attitude towards her
that can only be characterized as targeted and discriminatory. Indeed,
she has been the target of partisan persecution and there is no
explanation for this other than her exercise of the right to express
such views and convictions as a human rights defender.'';
Whereas the Department of State's 2017 Human Rights Report highlighted due
process obstructions in the case of Senator De Lima, stating, ``During
the year prosecutors used a variety of legal tactics, including filing
new and amending previous charges, to delay arraignment.'';
Whereas the United Nations Working Group on Arbitrary Detention recommended that
the Government of the Philippines adopt certain measures, including--
(1) the immediate release of Senator De Lima;
(2) an independent investigation of the circumstances surrounding the
arbitrary detention; and
(3) the provision of compensation and other reparations, including
reinstatement to the positions from which she was ousted;
Whereas, on July 20, 2017, the Tom Lantos Human Rights Commission of the United
States Congress held a hearing on The Human Rights Consequences of the
War on Drugs in the Philippines, during which Human Rights Watch
testified about the ``relentless government campaign'' against Senator
De Lima ``in evident response to her outspoken criticism of Duterte's
`war on drugs' and her calls for accountability'';
Whereas Amnesty International finds Senator De Lima's detention to be based
solely on her criticism of the Government of the Philippines, her
political beliefs, and her peaceful defense of human rights, and
considers her a Prisoner of Conscience;
Whereas the immediate release of Senator De Lima has been called for by
nongovernmental organizations, human rights groups, parliamentary
bodies, and individuals including the European Parliament, the
Australian Parliament, the Inter-Parliamentary Union, Amnesty
International, Human Rights Watch, Liberal International, ASEAN
Parliamentarians for Human Rights, and many of Senator De Lima's
colleagues in the Senate minority bloc;
Whereas Maria Ressa, an investigative journalist who founded the online news
platform Rappler, has been arrested several times on charges against her
and her news organization widely viewed by human rights observers and a
number of governments as part of a pattern of ``weaponizing the rule of
law'' to repress independent media; and
Whereas Ms. Ressa has been released on bail, but she and Rappler still face
charges and will soon be standing trial: Now, therefore, be it
Resolved, That the Senate--
(1) condemns--
(A) the Government of the Philippines for its role
in state-sanctioned extrajudicial killings by police
and other armed individuals as part of the ``War on
Drugs'';
(B) the arrest and detention of human rights
defenders and political leaders who exercise their
rights to freedom of expression;
(C) the harassment, arrest, and unjustified
judicial proceedings against the media and journalists,
in particular, the proceeding against Rappler and Maria
Ressa; and
(D) the continued detention of Senator Leila De
Lima;
(2) considers Senator De Lima to be a prisoner of
conscience, detained solely on account of her political views
and the legitimate exercise of her freedom of expression;
(3) calls on the President of the United States to impose
sanctions pursuant to the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) with respect to--
(A) members of the security forces and officials of
the Government of the Philippines responsible for
extrajudicial killings; and
(B) officials of the Government of the Philippines
responsible for orchestrating the arrest and prolonged
detention of Senator De Lima;
(4) calls on the Government of the Philippines to
immediately release Senator De Lima, drop all charges against
her, remove restrictions on her personal and work conditions,
and allow her to fully discharge her legislative mandate,
especially as Chair of the Committee on Social Justice;
(5) calls on the President of the United States to ensure
that United States security assistance provided to the
Philippine National Police is fully consistent with the human
rights conditions mandated in section 36 of the Arms Export
Control Act ((22 U.S.C. 2776)) and section 620M of the Foreign
Assistance Act of 1961, (22 U.S.C. 2378d);
(6) urges the Government of the Philippines to recognize
the importance of human rights defenders and their work and
allow them to operate freely without fear of reprisal; and
(7) urges the Government of the Philippines to guarantee
the right to the freedom of the press, and to drop all the
charges against Maria Ressa and Rappler.
<all>