[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 142 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 365
116th CONGRESS
  1st 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
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               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, 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
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--
        <DELETED>    (1) condemns--</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (B) the arrest and detention of human 
                rights defenders and political leaders who exercise 
                their rights to freedom of expression;</DELETED>
                <DELETED>    (C) the harassment, arrest, and 
                unjustified judicial proceedings against the media and 
                journalists, in particular, the proceeding against 
                Rappler and Maria Ressa; and</DELETED>
                <DELETED>    (D) the continued detention of Senator 
                Leila De Lima;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) 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;</DELETED>
        <DELETED>    (4) 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</DELETED>
        <DELETED>    (5) 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.</DELETED>
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
            (5) 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.




                                                       Calendar No. 365

116th CONGRESS

  1st Session

                              S. RES. 142

_______________________________________________________________________

                               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.

_______________________________________________________________________

                           December 17, 2019

      Reported with an amendment and an amendment to the preamble