Philippines: Information on the government's response to drug trafficking and state protection available for police officers involved in the investigation of drug trafficking (1997-2001)

Drug trafficking in the Philippines is punishable by death (DPA 4 July 1999; BBC 5 Jan. 1999). The death penalty, which was abolished in 1987, was reintroduced in 1994 for certain crimes including drug trafficking (ibid. 5 Feb. 1999). The death penalty sentence is not mandatory for the crime of drug trafficking, but may be applied if the amounts in question are over a minimum specified by the type of drug (UNHCHR 16 Jan. 1998).

A 15 January 1999 Xinhua News Agency report stated that the Philippine government was offering "cash prizes to the regional law enforcement units" who could catch the most drug pushers and recover the greatest quantity of drugs.

On 17 January 1999 Xinhua reported that former Philippine president Joseph Estrada signed an executive order to create a national law enforcement and prevention coordinating centre to oversee the government's offensive against drug trafficking and abuse. A 4 July 1999 DPA article reported that the Philippine president planned to "intensify the government's fight" against the illegal drug trade by creating an independent body "similar to the US Drug Enforcement Agency." The president also mentioned a "15-year plan to modernize the country's ill-equipped and antiquated armed forces" as a means to curb drug trafficking (ibid.).

The International Narcotics Control Board's Annual Report for 2000 stated that the Philippine government is taking "very strict measures against all types of drug-related offences." In addition to expanding their law enforcement operations, the authorities have also increased their prevention, treatment and rehabilitation efforts, predominantly by increasing inter-agency cooperation and the involvement of local communities (ibid.).

According to a 15 October 2001 Manila Bulletin article, a joint team of military and police intelligence agents were involved in a recent seizure of 498 kilograms of methyl amphetamine hydrochloride, also known as shabu or ice (Business World 24 July 1998; UNHCHR 16 Jan. 1998; DPA 4 July 1999). Enforcement groups involved in this operation included the Naval Intelligence and Security Group (NISG), the Philippine National Police (PNP) Narcotics Group, the National Bureau of Investigation (NBI) Narcotics Division, the Philippine Navy Special Welfare Group, the Quezon police Drug Enforcement Unit, the Quezon police Provincial Intelligence and Investigation Branch, the PNP Maritime Group, and the First Infantry Battalion and Eighth Scout Ranger Company of the Philippine Army (Manila Bulletin 15 Oct. 2001).

Witnesses who testify in drug trafficking cases may be eligible for the witness protection program offered by the government (Philippine News 24-30 Oct. 2001), however, no information on the protection available to police officers who investigate drug trafficking could be found among the sources consulted by the Research Directorate. According to various media sources, both former and current police officers, as well as politicians, have been reported to be involved in instances of drug trafficking (Asiaweek 22 Aug. 1997a; Asiaweek 22 Aug. 1997b; Business World 24 July 1998; ibid. 8 Oct. 1999; Philippine Daily Inquirer 9 Sept. 2001). Country Reports 1999 stated that police corruption continued to be a problem, and that abuses were committed by police officers who were involved in criminal activities, such as drug trafficking (2000).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Asiaweek. 22 August 1997a. Sangwon Suh and Antonio Lopez. "High and Mighty." [Accessed 18 Dec. 2001]

_____. 22 August 1997b. Catherine Shepherd and Antonio Lopez. "Saving 1.7 Million Souls." [Accessed 18 Dec. 2001.

BBC News. 5 February 1999. "Countdown to Philippines Execution." [Accessed 19 Dec. 2001]

_____. 5 January 1999. "Philippine Government to Fight Execution Reprieve." [Accessed 19 Dec. 2001]

Business World [Manila]. 8 October 1999. "Narcom Officer in Hot Water." (NEXIS)

_____. 24 July 1998. "Illegal Drug Trade Is Now No. 1 Nat'l Security Threat – Anti-crime NGO." (NEXIS)

Country Reports on Human Rights Practices 1999. 2000. United States Department of State. [Accessed 19 Dec. 2001]

Deutsche Presse-Agentur (DPA). 4 July 1999. "Philippine Military Modernization to Boost Illegal Drugs Campaign." (NEXIS)

International Narcotics Control Board (INCB). 2000. E/INCB/2000/1. Annual Report 2000. [Accessed 18 Dec. 2001]

Manila Bulletin. 15 October 2001. "498 Kilos of Shabu Seized; Mayor Held; Main News." (NEXIS)

Philippine Daily Inquirer. 9 September 2001. Antonio T. Carpio. "A New Agency to Fight the Drug Menace." [Accessed 19 Dec. 2001]

Philippine News [San Francisco]. 24-30 October 2001. Year 41, Issue No. 10. "Mayor's Aides Turn Witness." [Accessed 19 Dec. 2001]

United Nations High Commissioner for Human Rights (UNHCHR). 16 January 1998. E/CN.4/ 1998/82. Status of the International Covenants on Human Rights: Question of the Death Penalty. [Accessed 18 Dec. 2001]

Xinhua News Agency. 17 January 1999. "Major News Items in Leading Philippine Newspapers." (NEXIS)

_____. 15 January 1999. "Philippines Offers Incentives in Anti-drug Drive." (NEXIS)

Additional Sources Consulted

IRB Databases

NEXIS

WNC

Internet sites including:

Amnesty International

Asian Human Rights Commission

Commission on Human Rights

Dangerous Drugs Board

Drug Scope

Freedom House

Human Rights Watch

Manila Times

Philippine Star

Preda Foundation

South China Morning Post

United Nations Office for Drug Control and Crime Prevention