[Congressional Record Volume 166, Number 4 (Wednesday, January 8, 2020)]
[Senate]
[Pages S79-S80]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONDEMNING THE GOVERNMENT OF THE PHILIPPINES FOR ITS CONTINUED
DETENTION OF SENATOR LEILA DE LIMA, CALLING FOR HER IMMEDIATE RELEASE
Mrs. FISCHER. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 365, Senate Res. 142.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The senior assistant legislative clerk read as follows:
A resolution (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.
There being no objection, the Senate proceeded to consider the
resolution, which had been reported from the Committee on Foreign
Relations, with an amendment to strike all after the resolving clause
and insert the part printed in italic and an amendment to strike the
preamble and insert the part printed in italic, as follows:
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--
[[Page S80]]
(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.
Mrs. FISCHER. I ask unanimous consent that the committee-reported
amendment to the resolution be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment was agreed to.
Mrs. FISCHER. I know of no further debate on the resolution, as
amended.
The PRESIDING OFFICER. If there is no further debate, the question is
on the adoption of the resolution, as amended.
The resolution, as amended, was agreed to.
Mrs. FISCHER. Mr. President, I ask unanimous consent that the
committee-reported amendment to the preamble be agreed to; that the
preamble, as amended, be agreed to; and that the motions to reconsider
be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment to the preamble was agreed to.
The preamble, as amended, was agreed to.
The resolution (S. Res. 142), as amended, and the preamble, as
amended, were agreed to.
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