Documenting the Impact of Philippine drug policy, Project Tokhang, 1 July 2016 Frances de la Cuesta Hunt Doctor of Medicine Masters in Cross Cultural Missions and Bible Masters of Health Studies in the Field of Addiction Studies

A thesis submitted for the degree of Master of Philosophy at The University of Queensland in 2020 Faculty of Medicine

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Abstract

Introduction

Globally, national drug policies vary across a broad spectrum. Some countries decriminalise and treat drug use as a public health issue while other countries criminalise drug use, adopt punitive approaches and compel addiction treatment. National drug policy in Asia is mainly grounded in creating a drug free environment. Punitive approaches have been widely adopted and compulsory detention centres have been used to enforce abstinence.

On 1 July 2016, the implemented a national drug policy termed Project Tokhang with the aim of eradicating the nations’ drug problem. This policy involved the Philippine National Police conducting house visitations of drug suspects to persuade them to surrender and agree to cease their drug misuse. This policy can be considered as an extreme punitive approach and included provision for the execution of those who resisted.

Aims

This thesis follows the implementation of Project Tokhang from July 2016 to June 2018 using Philippine online newspapers. These newspapers are a primary source of information regarding outcomes and responses to the policy. Philippine online newspapers include pro-government newspapers that tend to endorse the policy as well as non-government newspapers that tend to be critical of the policy. This content analysis of Philippine online newspapers aims to determine a) what we can learn about Project Tokhang from news reports regarding its implementation and b) how the political affiliation of the newspaper influenced the reporting details on Project Tokhang. In analysing and following the trend of a range of news reports, this thesis aims to discuss a) the intended and unintended consequence of an extreme punitive drug policy and b) how the policy is evolving to address the nation’s problem of drug misuse. The research question is to determine the usefulness of threatening drug users with death to compel abstinence.

Methods

Search using Factiva data base yielded 17,028 Philippine online newspapers. Sequential sampling from Monday to Sunday through the first to the fourth week yielded 500 news articles. A total of 364 articles met the inclusion criteria where 171 were pro-government newspapers and 193 were non-government newspapers. Content analyses was used to capture themes and trends. Coding was done manually, rules were formulated in counting the codes. The codes were grouped into 6 categories namely: a) Statements that endorse Project Tokhang, b) Statements that are negative

2 about using drugs and describe drug misuse as a crime, c) Statements that are critical of Project Tokhang, d) Statements that describe Project Tokhang as a policy that is improving, e) Positive statements about Filipinos using drugs and view drug use as a health issue and f) Descriptions that present data, information and statistics but do not endorse nor criticize Philippine drug policy. The categories were analysed and discussed.

Findings

Pro-government and non-government newspapers placed different emphases on the reporting of Project Tokhang. In one year, the surrender of 1,304,795 million drug suspects, which represent an estimate of 73% of drug users, was endorsed as a positive outcome of the policy. There was little evidence of rehabilitation for most drug suspects who surrendered. The implementation of the policy was accompanied by the killing of an estimated 4,021 drug suspects by February 2018, during what the government considered as legitimate drug operations. Critics of the policy reported drug related killings reached an estimate of 7000 – 14,000 individuals including innocent bystanders, law enforcers and included vigilante killings.

Pro-government and non-government newspapers reported approaches to improve the policy such as police accountability, improved reporting of outcomes, and shifting leadership to the Philippine Drug Enforcement Agency to promote adherence to the law in the implementation of the policy. However the various killings continued and were difficult to control. Little attention was given to drug misuse as a public health policy. Various local rehabilitation programs and community based therapies were implemented but were limited in addressing the many drug users who may require rehabilitation services. A national framework for drug rehabilitation was lacking during the implementation of the policy.

Conclusion

The intended goal to eradicate drugs and crime through an extremely punitive approach was associated with many killings. While it may be too early to evaluate the long term outcome of the policy, initial findings did not provide evidence that threatening drug users with death can deter drug misuse. The cost of lives with no guarantee of reducing drug misuse should promote a change in policy. A national drug policy not solely punitive and supports drug rehabilitation should be considered.

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Declaration by author

This thesis is composed of my original work, and contains no material previously published or written by another person except where due reference has been made in the text. I have clearly stated the contribution by others to jointly-authored works that I have included in my thesis.

I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, financial support and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my higher degree by research candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award.

I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the policy and procedures of The University of Queensland, the thesis be made available for research and study in accordance with the Copyright Act 1968 unless a period of embargo has been approved by the Dean of the Graduate School.

I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. Where appropriate I have obtained copyright permission from the copyright holder to reproduce material in this thesis and have sought permission from co-authors for any jointly authored works included in the thesis.

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Publications included in this thesis “No publications included”.

Submitted manuscripts included in this thesis “No manuscripts submitted for publication”.

Other publications during candidature “No other publications”.

Contributions by others to the thesis “No contributions by others.”

Statement of parts of the thesis submitted to qualify for the award of another degree “No works submitted towards another degree have been included in this thesis”.

Research Involving Human or Animal Subjects “No animal or human subjects were involved in this research”.

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Acknowledgements

My Heavenly Father for His inspiration Supervisors: Emeritus Professor Jake Najman PhD and Dr Andrew Smirnov

Panel of Reviewers: Dr Lisa Buckley Dr Lisa Fitzgerald Dr Allyson Mutch Dr Chi-Wai Lui Dr Ellen Leslie Wessel Examiners: Dr Pranee Liamputtong Dr Marguerite Sendall

Scott Macintyre – Librarian at Herston campus Fellow Higher Degree Research Students (Public School Building 2017-2019) for the encouragement Dr David Hunt, my husband, and Naomi, Abraham, Esther and Lucas my children for the love and prayers

Dedicated to the Filipinos who have been affected by this policy

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Financial support ‘This research was supported by an Australian Government Research Training Program Scholarship’

Keywords Philippines, drug policy, punitive, compulsory addiction treatment, “war on drugs”

Australian and New Zealand Standard Research Classifications (ANZSRC) ANZSRC Code: 160510 Public Policy, 70% ANZSRC Code: 160508 Health Policy 20% ANZSRC code: 111799 Public Health and Health Services not elsewhere classified 10%

Fields of Research (FoR) Classification FoR code: 1605, Policy and Administration, 90% FoR code: 1117 Public Health and Health Services, 10%

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Table of Contents: Chapter 1 – Introduction: Punitive Drug Policy 11 Philippine Drug Policy: Project Tokhang, 1 July 2016 11 Why a content analysis of Philippine online newspapers on Project Tokhang 12 Chapter 2 – Context to Research Inquiry: Compulsory Drug Detention in Asia 14 China 15 Malaysia 18 Thailand 20 Chapter 3 – Methodology: Content Analysis of Philippine Online Newspapers 26 Chapter 4 – Findings 37 Category A: Endorsement of Project Tokhang 37 Category B: Drug Misuse and Crime 43 Category C: Critical of Project Tokhang 49 Category D: Improvements 62 Category E: Project Tokhang as a Health Policy 70 Category F: Descriptions of Project Tokhang 82 Chapter 5 – Discussion 92 Chapter 6 – Conclusion 117 References 123 Appendix A – Philippine on-line newspapers used in the context analysis 127 Appendix B – Table 6: Number of articles for each newspaper 132 for a given date per month

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List of Figures and Tables Figure 1: Newspapers endorse the positive implementation and outcome of 42 Project Tokhang Figure 2: Newspapers describe Project Tokhang’s approach on drug use and crime 48 Figure 3: Critical statements of the implementation and negative consequences of 61 Project Tokhang Figure 4: Newspapers describe approaches to improve Project Tokhang 69 Figure 5: Newspapers describe Project Tokhang from a health perspective 81 Figure 6: Statements and statistics on Project Tokhang 89

Table 1: Number of articles per newspaper 32 Table 2: Number of articles analysed, excluded and meeting inclusion criteria 33 Table 3: Number of codes per category from July 2016 – June 2018 38 Table 4: Outcome of Project Tokhang 85 Table 5: Number and percentage of statements per category for every six months from 90 July 2016 – June 2018

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List of Abbreviations used in the thesis

CPI: Comprehensive Psychosocial Intervention DOH: Department of Health ICC: International Criminal Court PDEA: Philippine Drug Enforcement Agency PNP: Philippine National Police TC: Therapeutic Community UCC: Usual Community Care

Definition of Terms

Oplan Tokhang and Project Tokhang are terms used interchangeably. These terms refer to the Philippine national drug policy that was enacted and implemented on July 1, 2016.

Drug personality is a generic terms used to described Filipinos who are involved in drugs.

Drug surenderees was a term used to described Filipinos using and/or selling drugs who surrendered their involvement in drugs in response to Project Tokhang.

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CHAPTER 1 - INTRODUCTION: PUNITIVE DRUG POLICY Globally, the ways in which different countries address drug problems varies across a broad spectrum. National drug policies range from legalisation and/or decriminalisation on one hand to extreme punitive policies on the other. Decriminalization eliminates criminal charges imposed on drug users but users may still be subjected to administrative sanctions such as fines, restrictions, and community work (Greenwald, 2009). In the USA, Canada and Australia, drug offences continue to be punished through the Criminal Justice System and addiction treatment may be mandated through drug courts or through probationary proceeding in lieu of incarceration (Blair, Coen Sullivan, Lux, Thielo, & Gormsen, 2016; Harrison & Scarpitti, 2002). Various studies and reviews have evaluated drug courts and mandatory programs (Klag, O'Callaghan, & Creed, 2005; Perry et al., 2009).

Punitive policy can be implemented sometimes with unintended and intended fatal outcomes. Particular attention in this study is given to the Philippine “war on drugs” carried out through a policy termed Project Tokhang. On 1 July 2016 the Philippines initiated a war on drugs intended to eradicate drugs and crime (Dela Rosa, 2016). The current study tracks this policy over its first two years and the way news media have varied in their reporting of this policy.

Philippine Drug Policy: Project Tokhang, 1 July 2016 On July 1, 2016 following President Duterte’s pronouncement he would eliminate the use of illicit drugs, Project Tokhang was implemented by the Philippine National Police (PNP). The implementation “involves the conduct of house visitations to persuade suspected illegal drug personalities to stop their illegal drug activities” (Dela Rosa, 2016). The national drug policy consisted of a simultaneous approach of targeting both drug supply and demand through a two- pronged policy named “Double Barrel” (Dela Rosa, 2016). The policy to eradicate drug supply was through “Project HVT” (High Value Targets) by targeting drug trafficking and supply in cities, provinces and in the national and international levels. The policy to eradicate drug demand was through Project Tokhang aimed to clear the local communities (termed ) from the illegal activities of using and selling drugs. Project Tokhang, which is locally termed as Oplan Tokhang (Gonzales, Cabigao, & Cellona, 2016) is the focus of this content analysis.

The term “personalities” is used by the PNP to include drugs users, pushers and individuals involved in illegal drug activities. Pusher is the local term used to describe individuals who sell drugs to individual drug users within the community. Philippine policy involves police officers who knock at homes of people suspected to be drug users, pushers or involved in drug trades, asking them to surrender their drug use, drug trading and crimes or face the consequences should 11 they refuse (Simangan, 2017). A consequence of the policy included the risk of being shot dead should one resist or fight back. The President made explicit statements to this effect (Gonzales et al., 2016). Speeches appeared to encourage a ruthless approach to drug users. Philippine drug policy as initiated in 2016 could be interpreted as an uncompromising and punitive war on drugs. Its consequences included the deaths that have been linked with the Philippine war on drugs. Project Tokhang, as the Philippine policy became known, had an underlying ethos to instil fear with death threats as a means to deter drug users from drugs and crime (McCall, 2017).

There is a broader concern the Philippine government has not had the infrastructure, medical system or human resources to effectively manage drug misuse as a public health issue (McCall, 2017). An interview done with the then Minister of Health in 2016 revealed there are only 5000 beds for inpatient care for treatment and rehabilitation in the whole of the Philippines and a 10,000 bed capacity drug rehabilitation centre was planned to be available by November 2016 (Cousins, 2016) . In the context of well over 1,000,000 estimated drug users in the Philippines, it is difficult to reconcile the need for services generated by the new government policy and the actual availability of services that might go some way to meeting these needs.

Why a content analysis of Philippines online newspapers on Project Tokhang?

Undertaking direct research within the Philippines on the topic of drug policy is potentially hazardous. Much of what is known concerning Project Tokhang or Oplan Tokhang comes from the media. Published evaluations and other literature regarding the Philippine war on drugs have based their findings mainly on national surveys, government documents from the Philippine National Police (PNP), senate hearings, and interviews with key people, press releases and news articles. Caution should then be taken in the interpretations of what is currently stated by government agencies.

Compulsory addiction treatment has been operational in Asia for decades. It is believed that enforcing abstinence is associated with high relapse rates while human rights are violated (Dolan, Worth, & Wilson, 2015). There is a need to know whether drug policies which include very severe punishment can compel drug users to abstain. This is what the Philippine drug policy represents. There has been no previous systematic review of the Philippine on-line newspapers and their reporting of Project Tokhang. There is a gap in our knowledge regarding the intended and unintended consequences of an extremely punitive drug policy namely Project Tokhang. It is these gaps in knowledge that this study addresses. 12

The research question is this: Is extreme compulsion an effective strategy for enforcing abstinence? Is it useful to threaten drug users with death to compel them to abstain? The objectives of this content analysis are to determine a) what we can learn about Project Tokhang from the news reports that described its implementation, and b) to what extent the political affiliation of the newspaper affected the reporting details of the implementation of Project Tokhang.

The rationale of this study is to take advantage of a natural event to understand the implementation of one of the world’s most punitive approaches to addressing policies to reduce the use of illicit drugs. The implication is to document the intended and unintended consequences of Project Tokhang, we can examine the impact of punitive and compulsory addiction treatment as opposed to the less draconian and more humane drug policies in the management of drug abuse.

The methodology for research is a content analysis of Philippine online newspapers. Online media can be a rich source of data and content analysis can be a valuable approach in understanding a drug policy. This content analysis will focus on how Project Tokhang was framed as a drug policy by exploring and analysing the themes and stories reported by Philippine on-line newspapers. The newspapers included government, pro-government and non-government newspapers.

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CHAPTER 2 - CONTEXT TO RESEARCH INQUIRY: COMPULSORY DRUG DETENTION IN ASIA This chapter is an overview of compulsory drug detention in Asia. A brief discussion explains why compulsory detention became integral to national drug policies. This is followed by a discussion on how compulsory detention centres operate in China, Malaysia and Thailand. The focus is on the settings, elements of treatment, limitations and the intended and unintended consequences of compulsory drug detention centres. Comparing the use of compulsory detention centres in China, Malaysia and Thailand highlights similarities and differences in the use and outcomes associated with the adoption of compulsory addiction treatment. The experiences of compulsory detention in China, Malaysia and Thailand provide a context for the recent Philippine “war on drugs” initiated in 2016.

Enforced abstinence Asian countries generally have zero tolerance to drugs. Compulsory detention is a drug policy that compels addiction treatment and involves punitive approaches which are implemented to enforce abstinence. Compulsory detention centres for drug users have been operational for decades in Asian countries such as China, Malaysia and Thailand (Kamarulzaman & McBrayer, 2015). These countries have all enacted laws incorporating compulsory detention as part of their drug policy (Pearshouse, 2009a; Rusdi, Robson, Zahari, & Habil, 2008; WHO, 2009)

Compulsory drug detention as a public health drug policy At the turn of the 21st century there was an increase in the prevalence of drug use which was associated with an increase in infections from intravenous drug injections such as Hepatitis and HIV (Kamarulzaman & McBrayer, 2015; WHO, 2009). For example in China the National Narcotic Control Commission registered an increased number of drug users from 70,000 in 1990 to 956,000 in 2007 (WHO, 2009). By 2007 in China there were approximately 700,000 HIV positive cases of which 42 % were due to injecting drug use (WHO, 2009). In Malaysia, the registered number of heroin users was 234,000 in 2004 accompanied by an increase in amphetamine use (Mazlan, Schottenfeld, & Chawarski, 2006). By 2007, in Malaysia the National Anti-Drugs Agency estimated there were 279,907 drug users, representing 1.1% of the population. The number of people living with HIV/AIDS was 69,000 representing a prevalence rate of 0.3%. Some 73.7% of HIV infections included drug users (WHO, 2009). In Thailand an extensive prevention and treatment campaign against HIV was conducted in the early 2000’s and HIV rates decreased by 50% from the mid 1990’s to the 2000’s. By 2009, there were about 40,300 people who were known to inject drugs with 25% being positive to HIV (Windle, 2015). In response to the increase in drug 14 use in the Asian region, compulsory detention centres have been used as a major form of addiction treatment and to address the growing drug problems (WHO, 2009).

China Chinese policies associated with the use of illicit drugs have a long and negative history (Dolan et al., 2015). In 2008 China adopted the Drug Control Law defining four methods of rehabilitation: voluntary drug rehabilitation, community drug rehabilitation, compulsory drug detention and community recovery (Liu, Liang, Zhao, & Zhou, 2010).

Settings of compulsory detention centres: admission In China, the law stipulates drug users who fail to reach abstinence or who relapse from the community based treatment and who may have drug dependency and severe addictions are admitted into compulsory detention centres for a period of 1-3 years (Yang, Mamy, Gao, & Xiao, 2015).

Elements of treatment In China, compulsory detention and detoxification are approaches used to address drug abuse and its associated illnesses such as HIV/AIDS (Chen et al., 2013; Zhu, Dong, & Hesketh, 2009). Compulsory detoxification and rehabilitation programs include physical exercise, manual labour, drug education, moral education and group counselling. Counselling is mostly done by public security officers rather than professional or medical drug counsellors. Individual counselling is rarely done. Methadone may sometimes be used as well as Chinese medications such as herbs and acupuncture (Chen et al., 2013).

China enforces compulsory detoxification centres and labour therapy or re-education-through- labour in isolated compulsory detention centres (Amon, Pearshouse, Cohen, & Schleifer, 2013; Chen et al., 2013). Drug users who have recurrent relapses and multiple offenses undergo a more intensive program for 2 – 3 years in Education-Through-Labour-Centres which are operated by the Justice Department (Chen et al., 2013). Detainees are generally isolated from families and work (Zhang, Feng, Geng, Owens, & Xi, 2016).

No known studies have specifically evaluated the efficacy of compulsory detoxification and enforced labour and education in isolated compulsory detention centres. But what is known is abstinence can be achieved while on detention but relapse rates are high among post detainees who are released into the community (Yang et al., 2015). One survey and semi-structured interview study in China showed that all the 360 detainees were abstinent whilst in compulsory detention. 15

Some 51 % had relapsed within a month post detention and 92 % reported having difficulty remaining drug free post detention (Zhu et al., 2009). The median number of admissions to compulsory detention was 4 and 11% went through compulsory detoxification 10 times (Zhu et al., 2009).

There is some evidence from China that addiction treatment provided after release from compulsory detention can enhance the abstinence achieved in detention centres. For example, a randomized comparative study in China assessed the efficacy of a 1 year Comprehensive Psychosocial Intervention (CPI) compared to the Usual Community Care (UCC) among former detainees who had just been released from compulsory detention (Zhong et al., 2015). The 207 participants were former heroin users and who were in compulsory detention centres for an average of 36 months and were abstinent on release. Those who received CPI attended weekly individual meetings and once in two months group meetings. The UCC participants were visited once a month by a social worker for simple advice and urine tests. The Symptom Checklist – 90 was used to assess the Mental Health Status, Medical Outcomes Study 36-Item Short Health Survey was used to assess the Quality of Life Related to Health and urine testing was used to confirm drug relapse. After completing 1 year of either CPI or UCC, findings showed no significant differences and low relapse rates of 25.9% and 22.7% for the CPI group and the UCC group respectively. According to Zhong et al, (2015), the low relapsed rates in both groups suggests abstinence achieved whilst in detention may have been maintained. The low rates of relapse were attributed to the community therapies provided after the detainees were released into the community. The main benefit of compulsory detention appears to be in providing a setting where detainees achieve abstinence from drug misuse while they remain in detention.

Limitations of compulsory detention Compulsory detention can lead to enforced abstinence but does not necessarily eliminate cravings to reuse drugs. One cross sectional survey assessed the cravings of 113 methamphetamine dependent women undergoing compulsory detoxification in China (Shen, Liu, Li, Zhang, & Zhou, 2012). Cravings were measures using a Questionnaire of METH-use Urge (QMU) modified from the Questionnaire of Smoking Urge by replacing smoking with using methamphetamine. Ten questions measured the intention or desire to use methamphetamine and the anticipated relief from the negative effect or urgent desire to use methamphetamine. The cravings were high among those abstinent for 4-9 months and 10- 15 months and the duration of abstinence did not lead to freedom from cravings. Instead, cravings were correlated to negative mood states and weekly doses of methamphetamines. 16

Compulsory detention does not empower self-efficacy nor internally motivate the detainees to remain abstinent after they are released into the community. In a semi-structured in-depth interview in China, Zhang et al. (2016) analysed the attitudes of detainees towards compulsory detention. He described the characteristics of detainees can influence their risks of relapse after being released from detention. There are what was termed as the “overconfident” (Zhang et al., 2016 p 4) detainees who had a false sense of self-efficacy, claimed to be able to stop on their own volition without the need of compulsory treatment. When they were released and able to use drugs, they relapsed when offered the opportunity to use drugs and a context where drug use was observed (Zhang et al., 2016).

Does not fully address mental and emotional health A further factor influencing abstinence is the finding of comorbidity in many drug users. A cohort study in China monitored the long term recovery of 238 male detainees and 265 female detainees for 5 years (Haifeng et al., 2015). Borderline Personality Disorders in females was a risk factor in readmission to compulsory detention. A mixed-method study in China measured the Quality of Life and negative moods of women in compulsory detention (He, Li, Liu, & Zhao, 2016). The findings were compared to a sample of women in the general population with similar characteristics. Semi- structured interviews of detainees and workers in the detention centre were conducted. The women in detention had poor mental health, high levels of hopelessness and dissatisfaction in life. Socially they felt abandoned and displaced from family. Co-morbid mental conditions, poor mental and poor emotional health with the lack of family support among detainees were major hindrances to long- term recovery from drug misuse.

Unintended negative consequences The ethos of compulsory detention is to enforce abstinence. Some forms of compulsory detention have been found to be abusive and corrupt and violate what is commonly considered due process of law. For treatment, China has enforced labour therapy or re-education-through-labour (Amon et al., 2013). This may involve prolonged hours through the night. Punishment includes isolation or beating if there is a refusal to work, not working hard enough or too slowly. Former detainees who experienced these abuses spoke of shattered lives, broken relationships, wasted time, lost opportunities, and a deterioration of health and well-being (Amon et al., 2013). High relapses rates were observed after detainees were released into the community.

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Malaysia The treatment of drug users and their associated infections has been a public health concern in Malaysia for a number of years and has led Malaysia to adopt harm reduction polices in addition to the increase in the number of detention centres. Malaysia started its Opiate substitution Therapy in October 2005 followed by the Needle Syringe Exchange Program in February 2006 (Suleiman, 2016). In 2007, Malaysia had 74 Methadone Maintenance Treatment (MMT) clinics with 4,135 drug users enrolled into the Government MMT programmes (Mesquita et al., 2008). By 2014 there were 838 MMT with 74,816 drug users in this program (Suleiman, 2016). The Needle and Syringe Exchange Program (NSEP) started with 6 centres in 2006 (Mesquita et al., 2008). And by 2014, about 85,693 drug users had used services provided through 152 NSEP outreach program run by both NGO and government clinics (Suleiman, 2016).

Settings of compulsory detention: admission Compulsory detention centres are a treatment modality enacted by law in Malaysia. Drugs users with drug dependency who are reported with high addiction severity are primarily the ones who are detained (Fu, Bazazi, Altice, Mohamed, & Kamarulzaman, 2012). One observational study in Malaysia which involved focus group and document analysis was conducted on mandatory drug assessments for admission into compulsory detention centres (Mohamed, 2012). Drug users in Malaysia can be arrested by police based on a suspicion or to fill a quota imposed on police (Mohamed, 2012). There appears to be no set criterion on who undergoes mandatory assessment and it can be based on an admission of using drugs. The assessment includes an interview by a rehabilitation officer who takes a drug history and determines whether the arrested drug users have past admissions into the compulsory detention centre. Assessments may not be consistent with medically sound practices to diagnose drug dependency. Using assessments submitted by rehabilitation and medical officers, the magistrate may provide a court order leading to compulsory detention. Drug dependent persons may be admitted into compulsory detention centres for treatment. Those assessed as non-drug dependent are generally released for community supervision (Mohamed, 2012). One study surveyed participants in compulsory detention in Malaysia confirmed 95% of the detainees met DSM-IV criteria for opioid dependence and 93% reported high addiction severity (Fu et al., 2012).

Elements of treatment The drug policies governing compulsory detention in Malaysia provide for medical treatment, physical exercises, counselling, group activities and therapies, social therapies, vocational training and spiritual therapies (Wegman et al., 2017). 18

In Malaysia, a parallel-two arm prospective study and survey interview compared relapse rates into opioid misuse between compulsory detention centres and voluntary centres (Wegman et al., 2017). Drug detainees were compelled to undergo individual, group and family counselling sessions, spiritual programs, physical exercise, manual labour and vocational training. No methadone was given. In contrast, methadone was given to those who attended voluntary centres and had access and the choice to attend the same therapies provided in the compulsory detention centres. Findings showed a faster rate of relapse at a median time of 31 days after being released from compulsory detention centres compared to 352 days from voluntary treatment centres. Possible interpretations of the poorer outcome in compulsory detention centres could be those in compulsory detention are more severely affected, and the treatments were compelled and excluded methadone. Furthermore the details of the other therapies applied were not described and may have been less effective in addressing addiction issues.

Limitations of compulsory detention: does not always eliminate cravings Compulsory detentions can lead to abstinence but may not necessarily eliminate cravings to reuse drugs. For example, a cross-sectional study used a 90 minute survey to assess the health status of 100 adult males with severe opioid dependency in two of the largest compulsory rehabilitation centres in Malaysia. Some 86% continued to crave for heroin, 58% for amphetamines, and 87% anticipated relapsing post-release despite being in detention for a mean length of 7.5 months (Fu et al., 2012).

Does not prevent thoughts and behaviours of using drugs Compulsory detention does not prevent detainees from thinking of reusing drugs, may not modify the drug using behaviour and may not change the attitudes towards drug use. A semi-structured in- depth interview study assessed the experiences of patients in the Cure and Care Centres in Malaysia (Ghani et al., 2015; Krishnan et al., 2016). There are patients in the Cure and Care Centres who also experienced compulsory detention who testified whilst on detention, they were not ready to stop using drugs and continued to think of reusing once they are released from detention (Krishnan et al., 2016). For others compulsory detention meant the lack of freedom and ability to choose their preferred treatment (Ghani et al., 2015). Consequently, enforcing treatments such as religious education contributed to a lack of compliance, no genuine internal change and users not turning away from drugs (Ghani et al., 2015).

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Does not fully address mental and emotional health A significant limitation of compulsory detention was an inadequacy in addressing the mental and emotional health of detainees. Several studies have demonstrated poor mental health among detainees have contributed to or prevented their long term recovery from drug abuse (Fu et al., 2012; Krishnan et al., 2016). A Malaysian cross sectional survey which evaluated the treatment outcomes from the Voluntary Cure and Care centres in Malaysia assessed mental health status, drug risk behaviours and measured depression and social health (Khan et al., 2017). Patients who experienced compulsory detention compared to those in voluntary centres had more depressive symptoms, had less social support and were at a higher risk of using opioids, alcohol and cannabis (Khan et al., 2017). The limitations of compulsory detention have resulted in the persistence of addiction and mental health issues after detainees have supposedly received treatment in compulsory detention. Consequently, after being released from detention, relapse rates are high.

Unintended negative consequences: extrajudicial means of admissions and assessment In Malaysia, the process for admission and assessment into compulsory detention appear to violate due process of law. Mohamed (2012) analysed mandatory drug assessment through an observational study of a police station, detention centre, and drug unit centre and magistrates court; and conducted a focus group among detainees who experienced the Criminal Justice System and compulsory detention. Mandatory assessment was characterized by arbitrary arrest, prolonged detention and the lack of proper medical attention. Urine tests were conducted without consent, arguably in violation of due process of law. A person who tests positive may be locked up in a detention centre for further assessment. The process of assessment could be prolonged for 8-14 days; meanwhile no medical nor psychological support is given through the withdrawal period. This could be describe as inconsistent with the law and minimal provisions for care for the arrested drug user (Mohamed, 2012).

Thailand Compulsory detention centres are a treatment modality enacted by law in Thailand. These laws stipulate how drug users are admitted into compulsory detention centres for treatment. Thailand has been slow to adopt harm minimization polices. Needle exchange programs decreased from 49 sites in 2010 to 38 sites in 2014 and were mainly located in Bangkok. The needle exchange program was viewed as promoting drug use which was in conflict with Thailand’s zero tolerance to drugs (Windle, 2015). In Thailand, methadone has been used mainly to assist in detoxification. It does not appear to be used for maintenance therapy. Maintenance therapy has not been subsidized and is generally unaffordable (Windle, 2015). 20

Compulsory detention has remained integral to national drug policy in Thailand. In Thailand, the Narcotic Addict Rehabilitation Act, B.E. 2545 of 2002 describes drug users as “patients and not criminals”(Pearshouse, 2009b), but nevertheless emphasises the war on drugs and the creation of Compulsory Drug Detention Centres referred to as “bangkap bambat” or forced treatment (Kerr et al., 2014). The number of compulsory drug treatment centres increased from 35 centres in 2004, 49 in by 2005, and 84 centres by 2008 (Pearshouse, 2009a). By 2010, Thailand had 98 compulsory detention centres that treated approximately 102,291 people, representing 60 % of drug users (Windle, 2015).

Settings of compulsory detention centres: admission In Thailand, it is highly likely drugs users with drug dependency, who are moderately to severely addicted and have relapsed, are the ones who are detained. A field work, observational study of 7 custodial centres using semi-structured interviews noted the law stipulates medical, psychological and social measures for determining drug dependency (Pearshouse, 2009a). In practice assessments involve urine tests and checking for criminal records. A probation officer may take a drug history and visit the family and employers of the arrested drug user. Based on the investigations a brief written report is submitted to the Narcotic Addict Rehabilitation Act Sub-Committee. The committee makes the decision on who is admitted into detention centres. Those assessed as drug dependent may be brought to a compulsory detention centre operated by the Royal Thai Army that runs a less intensive program. The severely addicted are assessed as “hard core addicts” who use drugs daily and have a record of compulsory detention, which suggest the drug user has relapsed. They are admitted into centres run by the Royal Thai Air Force or Navy with more intensive programs. Non-dependent drug users are ordered to attend out-patient treatment programs.

Many users continue to be criminalized for the consumption and possession of illegal drugs (Pearshouse, 2009b). Moreover, the police are empowered to search, drug test and arrest drug users. There is evidence this power have been abused and there are studies documenting extrajudicial abuses committed by the police. For example, in a cross sectional survey of 252 community recruited injecting drug users, 80 underwent compulsory detention of which 48 reported drug planting by policemen who used drug possession as the basis of arrest (Csete et al., 2011). Policemen resorted to extrajudicial arrest to fulfil a quota of admissions into compulsory detention. In another cross-sectional study of 639 drug users, 240 (37.6%) reported they experienced police beatings of which 68.1% occurred during interrogations (Hayashi et al., 2013). These operations are consistent with police abuses used in the war on drugs in 2003 of extracting confessions of drug related crimes from suspected drug users (Hayashi et al., 2013). Furthermore, alleged drug users 21 who were arrested were in-prisoned and further assessed to determine the presence and severity of their drug dependency. This assessment can go for 45 days with no provision of methadone nor psychological support to assist over the detoxification period.

Elements of treatment The treatment approach used in Thailand does not include Oral Substitution Therapy. A modified Therapeutic Community (TC) termed FAST is used which was developed specifically for the Thai culture by the Thanyarak Institute on Drug Abuse. FAST is an acronym representing the therapies provided which include: Family (family visits and activities), Alternate Activities (practical group activities like music and gardening), Self-help (physical training) and TC Work (group psychotherapy, peer influence, group work and evaluation). Furthermore, intensive treatment consisted of a treatment approached termed Jirasa which used FAST with a greater emphasis on discipline, extensive physical exercises, military drills and Buddhist morality and practice (Pearshouse, 2009a). . The semi structured interview of post detainees in this study showed varied responses to the modified FAST TC (Pearshouse, 2009a). The rule in the detention centre is total abstinence and detainees are compelled to participate in the daily activities. Those who followed the rules expressed favourable responses while those who did not follow the rules were bored, tried to escape and were punished.

The evaluation of the efficacy of compulsory detention in Thailand poses difficulties (Pearshouse, 2009b). Thailand drug law does not require the evaluation of the efficacy of compulsory detention centres. Post detainees do not usually come for follow up and the long term effects of compulsory detention cannot be adequately assessed. Furthermore, varied responses have been obtained from post detainees who have been interviewed. Their accounts range from those who were satisfied and were able to abstain while others relapsed due to personal choices or re-exposure to drug using friends. There is a need for more data and for a more thorough evaluation of the efficacy of the FAST TC within the context of compulsory detention centres (Pearshouse, 2009b).

A preliminary cohort study in Thailand assessed the effectiveness of a TC treatment implemented in various therapeutic settings including the prisons-based programs, compulsory treatment programs, mixed compulsory / voluntary programs and voluntary treatment programs (Johnson et al., 2012). After completing the TC treatment, 510 participants were followed-up after 30 days and 6 months. The findings showed the TC treatment used in prison based programs led to significant reductions of drug use compared to compulsory and voluntary programs. After 30 days and 6 months of TC treatment, 90 % and 96% of prison-based former residents had stopped using drugs compared to 61% and 81 % for voluntary and/or compulsory and 54% and 81 % among volunteer only former 22 residents, respectively. For methamphetamine users, after 30 days to 6 months of TC treatment, 83% and 87% of the prison-based former residents stopped using compared to 49% and 65% for volunteer and/or compulsory, and 53% and 75% of the volunteer-only former residents, respectively.

The equal reductions in drug use noted in both compulsory and voluntary treatment groups suggests drug users who are compelled can do as well as those who enter treatment voluntarily (Johnson et al., 2012). The researcher explained the high success of the TC treatment in Thailand whether this is applied in compulsory or voluntary settings can be attributed to Thai’s culture of using communities to promote psychological change and social health in individuals. Likewise, TC treatment contextualized this practice by utilizing the TC itself, consisting of peers and staff members to bring about the reduction of drug use among the drug users (Johnson et al., 2012). The TC treatment can be applied in a setting where treatment is compulsory and can predict a positive outcome. A long term study is needed to determine whether abstinence can be sustained or drug use can be reduced with TC treatment.

Gaining abstinence The main benefit of compulsory detention appears to be in providing a setting where detainees achieve abstinence from drug misuse while they remain in detention. The extent to which this period of abstinence is beneficial may depend on a number of factors including the overall design of treatment programs.

Unintended negative consequences: enforced treatment and punishment Former detainees have reported unfavourable experiences in detention centres including being forced to attend addiction treatment or else being punished should they refuse to comply. In Thailand, treatment has incorporated military interventions emphasize discipline through military drills which are compulsory (Pearshouse, 2009b). Interviewed officials who carried out punishments to emphasize discipline as part of the treatment were found by detainees to be cruel, inhumane and to require degrading behaviour which could be interpreted as illegal according to the Act itself (Pearshouse, 2009b). For example, an in-depth interview of drug users in Thailand who had unfavourable experiences in compulsory detention described physical and emotional abuse (Kerr, Small, Ayutthaya, & Hayashi, 2017). Prolonged intensive exercises to the point of exhaustion with accounts of detainees collapsing was used as a treatment approach to address addiction issues. Physical abuse such as kicking and slapping were used to punish those who did not conform, which were intensified when detainees continued to refuse treatment (Kerr et al., 2017; Pearshouse,

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2009b). Emotional abuse was experience when the staff would say detainees deserved to be punished for using drugs. The detainees who experienced these punishments reported they felt humiliated, terrified and stressed (Pearshouse, 2009b).

Barrier in successful implementation of harm minimization polices The successful implementation of harm minimization policies such as the methadone program, antiretroviral treatment for HIV and the needle and syringe exchange programs have been hindered as a result of extrajudicial policing and the punitive nature of compulsory detention. The fear of police abuse and the risks of being rearrested into compulsory detention have led former detainees to avoid methadone clinics and needle and syringe programs (Kerr et al., 2014). Police have been reported to harass drug users in methadone clinics and needle syringe programs (Kerr et al., 2014). Drug users have perceived health providers may have shared information with police regarding the identity of former detainees. Thus they avoid health services to avoid the risk of being identified as a drug users and subsequently readmitted into compulsory detention.

Summary Compulsory detention centres represent a form of drug policy that has been implemented in China, Malaysia and Thailand to address drug misuse and associated drug related illnesses such as HIV. The detainees are admitted on the basis of using drugs. It is usually the case those who are admitted are the moderately to severely addicted and who have had repeated relapses. The policy involves a drug free environment and compulsory detention which includes compelling participation in addiction treatment programs. By promoting an environment where abstinence is enforced, drug users with moderate to severe addiction are forced to remain abstinent.

Drug relapses are reported at a high rate after detainees are released into the community once abstinence is no longer enforced. Programs in compulsory detention are somewhat limited in addressing addiction issues to prepare detainees to remain abstinent once they are released into the community. Drug users in detention may be abstinent but cravings and thoughts of reusing may and often do persist. There may be a lack of self-efficacy and internal motivation to remain abstinent after detainees are released into the community.

Preliminary studies of evidence-based treatment provided in some compulsory settings show reduced relapse rates. Thailand’s culturally sensitive TC applied in a prison setting and compulsory detention contributed to a reduction of drug use. In China, a Comprehensive Psychosocial

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Intervention or Community Care given for one year to post detainees may have resulted to reduction of drug use. The long-term outcome needs further research.

The literature review found evidence that sometimes punitive approaches have been used in compulsory detention centres in China, Malaysia and Thailand to enforce abstinence. Punitive approaches appear to have unintended consequences. Punitive approaches inherently raise the issue of human right abuses and can exacerbated existing mental health conditions that may co-exist with drug misuse. Compulsory detention centres may not be adequately equipped to address psychological and mental health problems issues of drug detainees. Compulsory detention may not be the most effective approach to addressing substance related needs of drug users and could hinder efforts to develop an effective approach to reduce levels of illicit drug use in the community.

Based on the aim of creating a drug free environment and the outcome of implementing punitive drug policy and compulsory addiction treatment in the Asian context, this thesis examines one recently introduced punitive approach to reducing the use of illicit drugs in the Philippines. In this study we examine the national drug policy of the Philippines termed Project Tokhang, a specific policy of the President of the Philippines. It was based upon his belief that severe punishment (including extrajudicial executions) would discourage dealers and users of illicit drugs. There is a need to know the intended and unintended consequences of threatening drug user with death to force drug users to abstain. We look at how the Philippines implemented a policy aimed to eradicate drugs and crime.

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CHAPTER 3 -METHODOLOGY: CONTENT ANALYIS OF PHILIPPINE ONLINE NEWSPAPERS This present study uses an unobtrusive method of answering the research question and objectives by using publicly available data that is produced in the community (Liamputtong, 2020b). An example is in studying Philippine online newspapers on Project Tokhang. Unobtrusive method are useful when access to data may be difficult. An example is in times of political sensitivity regarding the research question with participation of informants for data gathering not required (Liamputtong, 2020b). In any event there is possible danger associated with undertaking this topic as so more direct methods of data collection need to be avoided.

Content analysis is an example of an unobtrusive method (Liamputtong, 2020b). Content analysis is a research technique that systematically and objectively studies the statements of a text (Columbia University Mailman School of Public Health, n.d.). It entails analyzing the coding of text and coded statements which are then classified into categories. Content analysis is useful in this present study to analyze and compare intentions (Columbia University Mailman School of Public Health, n.d.), for example of the current Philippine government that endorsed Project Tokhang in contrast to non- government institutions that were critical. Content analysis is useful in following trends (Columbia University Mailman School of Public Health, n.d.) of the implementation of Project Tokhang and how it evolved as a national drug policy.

The steps in conducting this content analysis involved 1) developing categories before looking at the data, 2) choosing the sample to be categorized and 3) systematically recording, or counting, the number of times the categories occur (Liamputtong, 2020a). The methodology in this chapter is written chronologically in the way the research was conducted starting with the preliminary data collection, immersion and coding. From the preliminary coding, categories and subcategories were formed and regrouped and six fixed categories were formed. The sampling of the data, inclusion criteria and the rules of counting applied in the content analysis of Philippine online newspapers are discussed.

Preliminary data collection A preliminary search of Philippine online newspapers was done using the Factiva data base. Search terms and boolean strategies used were: (Oplan Tokhang OR Project Tokhang) OR (drug user* OR drug suspect* OR drug pusher* OR drug personalit* OR drug addict* OR drug surrender*) and the region was limited to the Philippines. To surrender means to fill-out and sign a “Voluntary Surrender Form”, and to make an oath to end their drug misuse and illegal activities before the 26 notary public, assisted by a counsel and witnessed by parents / guardians or the barangay (local community) leaders (Dela Rosa, 2016).

Philippine online newspapers Based on the search, there were 10 Philippines online newspapers identified and are described as follows:

Philippine The Philippine News Agency is owned and produced by the Philippine government under the News and Information Bureau of the Presidential Communication Office ("Philippine News Agency," 2003). It is a web-based newswire service with the headquarters in and with 16 regional news bureaus around the country ("Factiva database: The Philippines News Agency," 2011). News articles are disseminated to community and national newspapers as well as to local and international readers. The Philippine News Agency is circulated daily. The Philippine News Agency was overhauled and “modernized” starting when President Duterte assumed the presidency in 2016 ("Philippine News Agency," 2003).

Manila Bulletin The publisher is the Bulletin Publishing Corporation, which is 54.20% owned by U.S. Automotive Co., Inc., which is incorporated in the Philippines. The other owners are shareholders (Manila Bulletin, 2016). Manila Bulletin partners with governments, businesses, shareholders, and varied stakeholders. They claim to be exponents of Philippine progress by bringing news that is fair and accurate; keeping their readers informed even during the most difficult times (Manila Bulletin, 2016). Manila Bulletin has been observed to be pro-administration and support government officials and agencies (Manila Bulletin, 2019, June 26).

In this study, government newspaper refers to Philippines News Agency. Pro-government Newspaper refers to Philippine News Agency and Manila Bulletin.

Philippine Star The Publisher is the Philstar Global Corporation. The integrity of Philippine Star is anchored on the Biblical principle, “Truth Shall Prevail.” By providing a broad spectrum of ideas, views and opinions. The paper states its goal to influence the decision-makers of the Philippine society. The Philippines Star states it aims to be a shining beacon of news and information with a vision of inspiring leadership among the Filipino readers ("Philstar Global," 2000). 27

Philippine Daily Inquirer The publisher is Inquirer Interactive, Inc. ("Factiva Database: Philippine Daily Inquirer," 2004) and operates as a subsidiary of The Philippine Daily Inquirer, Inc. This company is under the Inquirer Group of Companies, a multimedia organization states it stands for “Balanced news, fearless views” in telling the Filipino story. It professes to hold uncompromising values by publishing news stories are true, fair and editorially independent ("Philippine Daily Inquirer," n.d.).

Inquirer.net Inquirer.net is the official news website of the Inquirer Group of Companies and upholds the same values as the Philippine Daily Inquirer ("Inquirer.net," n.d.). The publisher is Inquirer Interactive, Inc. ("Factiva Database: Inquirer.net," 2004).

Manila Times Established on October 11, 1989, The Manila times has as it describes, a rich, illustrious and tumultuous history. Since August 8, 2001, Dante A. Ang became the chairman of The Manila Times Publishing Corporation, the publisher of the Manila Times. In honor of the newspaper’s heritage, Mr Ang together with a strong editorial, advertising and production staff purport to uphold professionalism and the ethics of journalism and media. ("Manila Times," n.d.).

Manila Standard The publisher is Manila Standard. This media company states it is grounded in fairness and objectivity. The tone and content reflects the editorial stand of the newspaper ("About Manila Standard," 2002). Manila Standard is assessed to have a right wing political agenda and with conservative views (Manila Standard, n.d.).

Business Mirror The Publisher is the Philippine Business Daily Mirror Publishing Inc., a company publishes newspaper, journals and periodicals ("EMIS, In, On and For Emerging makets," n.d.) This company is part of EMIS, an ISI Emerging Markets Group Company, which provides data, analysis and research for emerging markets like the Philippines ("EMIS, In, On and For Emerging makets," n.d.).

Business World The publisher is the Business World Publishing Corporation of which 76.63% was acquired by Philippines Star Printing Company, Inc. in May 30, 2015. Other owners include Hastings Holding 28

Inc., which is a subsidiary of Media Quest Holdings, Inc. The change in ownership was purposed to improve its distribution as an operation to become the leading business newspaper in the Philippines ("Business World," n.d.). The continued success of Business World is claimed to be grounded on the “belief that a newspaper is a public trust” ("Business World," n.d.)

Davao Today The publisher is Today Webworks and Multimedia Ventures, Incorporated ("Factiva Database: Davao Today," 2016). Based in , this daily online news magazine covers business, politics, lifestyle and culture in Davao city and the nearby towns and cities ("Davao Today," n.d.).

Preliminary immersion A preliminary immersion with the media content was done with the data collected in July 2016, July 2017 and May 2018. These months were chosen to gain an overview of the trends of Project Tokhang annually for 2 years. In the preliminary overview of media content, repeated themes, common words, descriptions of Project Tokhang and descriptions on drug users and their accounts, experiences and interactions were observed, keeping in mind the objectives of this study.

Preliminary coding For the preliminary coding, news articles were sampled from July 2016, January 2017, July 2017, January 2018 and from April – May 2018. Project Tokhang was first implemented in 1 July 2016. January 2017 is 6 months after the initial implementation. The Philippine President, Duterte made an election promise to solve drugs and crime in 6 months and so this month was chosen to follow- up the outcomes. From January to March 2017, Project Tokhang was temporarily suspended after the killing of a Korean businessman. July 2017 was to follow-up results after a year. In January 2018, changes to the implementation of Project Tokhang were proposed and in April 2018, a new Chief of the PNP was appointed to continue with the implementation of Project Tokhang. This range of dates was chosen to help capture the changes and trends in the current drug policy and assess how drug users were being characterised in news reports.

Coding was done manually. The contents of the articles were coded and analysed by reading through the article, underlining statements and identifying the themes and the contexts of the statements. Key words and phrases from the news articles were used to guide the development of codes. Moreover, words and phrases that captured the themes of the context of the news articles were also used as codes. 29

Forming the categories Common themes and repeated patterns were grouped into the same categories. The analysis was open to emerging concepts and subcategories were added. The development of the final coding scheme was iterative. Categories and emerging subcategories were analysed, regrouped or combined. This process of combining categories with common themes provided a more discriminating measure of the concepts in line with the research question.

The 6 categories developed were: Category A: Statements endorsing the positive elements and consequences of Project Tokhang Category B: Statements that are negative about Filipinos using drugs and describe drug misuse as a crime Category C: Statements that are critical of the implementation and negative consequences of Project Tokhang Category D: Statements describing Project Tokhang as a policy that is improving Category E: Positive statements about Filipinos using drugs and which view drug use as a health issue Category F: Statements presenting data, information and statistics but do not endorse nor criticize Philippine drug policy.

These 6 categories are the final categories used as the working analytical framework in collecting data from the samples of Philippines online newspapers used in this study.

Sampling of data Based on the search, there were a total of 17,028 (includes sequential issues of the same newspaper over time) Philippines online newspapers, which were identified in both foreign and Philippine based newspapers. The number of articles selected for analysis from each of the following Philippine online newspapers are as follows: Philippine National Agency (2562), Manila Bulletin (2105), Philippine Star (2390), Philippine Daily Inquirer (2335), Inquirer.net (278), Manila Times (923), Manila Standard (878), Business World (299), Business Mirror (262) and Davao Today (75).

To sample the newspapers, articles were taken from one day of each month starting in July 2016 to June 2018. For July 2016, the first Monday was chosen, which was followed by the first Tuesday for August 2016. For the subsequent months, the subsequent days were chosen and the first Wednesday of September was used to gather the data. This pattern of sampling continued 30 throughout 2016 up to June 2018 so the days were followed in sequence throughout the second, third and fourth week of each subsequent month. This method of sampling was used to obtain data in sequence from Monday through Sunday of each week and through to the first, second, third and last weeks of the months in sequence.

Inclusion and exclusion criteria The search strategy and sampling method yielded 500 articles for review. There were 105 foreign- based articles excluded since this content analysis was intended to focus on Philippine based online newspapers. Based on the headings of the articles, those that covered the current drug policy and the various terms used for Filipino drug users were included in this content analysis. Examples of terms were drug user, pusher, personality, surenderee and addict.

Articles where the headings were unclear or not specific to this current drug policy or Filipinos involved in drugs were read fully to determine its inclusion. Articles that referred to other government drug policies but not to this current drug policy were excluded. Articles that mention political personalities or other personalities but are not related to drug personalities were excluded. A total of 12 non related articles were excluded in this content analysis. Articles that made statements concerning the current drug policy, its relationship to the Filipinos involved in drugs and the current drug problem were included in this content analysis. A total of 383 articles from the various Philippine online newspapers were included as shown in table 1.

Based on the total of newspapers, there is an overrepresentation of non-government newspapers of 212 articles compared to newspapers representing the pro-government newspapers of 171 articles. Non-government newspapers with a wider readership were included and these are: Philippines Star, Philippine Daily Inquirer, Manila Times and Manila Standard. Non-government newspapers with a small circulation or audience were excluded. Excluded were 19 articles from the following newspapers: Inquirer.net (5), Business Mirror (6), Business World (5) and Davao Today (3). There were 364 newspapers meeting the inclusion criteria of which 171 were Pro-government and 193 were Non-government newspapers. In this study, Non-government newspaper refers to Philippine Star, Philippine Daily Inquirer, Manila Times and Manila Standard. Table 2 shows the number of newspaper articles analysed and the number of newspaper articles excluded. A total of 364 newspaper articles meet the inclusion criteria and were used in this content analysis.

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Table 1: Number of articles per newspaper

Newspaper Affiliation and Name Number of

Newspaper Articles

Pro-government

Philippines News Agency 114

Manila Bulletin 57

T O T A L 171

Non- Government

Philippine Star 76

Philippine Daily Inquirer 67

Inquirer.net 5

Manila Times 31

Manila Standard 19

Business Mirror 6

Business World 5

Davao Today 3 T O T A L 212 TOTAL – Pro government 383 Non-government

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Table 2: Number of articles analysed, excluded and meeting inclusion criteria

July 2016- Newspaper Articles Samples Total articles

June 2018 (Factiva Data Base)

TOTAL Articles analysed 500 17,028

Excluded Foreign based 105

Not related 12

Inquirer.net 5 278

Business Mirror 6 262

Business World 5 299

Davao Today 3 75

TOTAL EXCLUDED 136 Included Government/ Philippines National Agency 114 2,562

Pro-Government Manila Bulletin 57 2,105

TOTAL 171 4667

Non- Government Philippines Star 76 2,390

Philippine Daily Inquirer 67 2,335

Manila Times 31 923

Manila Standard 19 878

TOTAL 193 6526

Total articles analysed 500

Total excluded 136

Total meeting inclusion 364 criteria

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Rules in counting the codes The analysis involved quantifying the occurrence of particular types of statements about current government policy. Quantifying was done by counting the number of times the concepts appeared in the articles. To ensure consistency, the rules for coding and counting were as follows: 1. The whole article was read through to identify its essence and context 2. In the subsequent readings, statements were underlined and assigned to the corresponding categories. Statements include phrases or sentences 3. The statements were counted according the number of times the concepts appeared in any article 4. When a topic sentence was presented and was followed by an explanation, the topic sentence and the explanation was counted as one statement 5. In instances where a topic sentence was presented and was followed by a new information providing further details to the concept, the topic sentence and the new information were counted as separate statements although they may belong to the same category 6. In articles that reported a story, the number of distinct contexts or themes in the whole story were counted 7. The frequency of concepts presented were counted. When the same or similar concepts were presented more than once, the concepts were counted according to the number of times the concept was presented in the whole story 8. In stories where there is a main theme and is followed by subthemes and new ideas to enhance the story, the statements stating the main theme, subthemes and the new ideas are counted as separate statements 9. Repeats of prior statements in the same article were counted according to the number of times the statements are repeated. 10. In paragraphs where there are more than one concept, the statements representing the different concepts are counted as separate statements 11. In paragraphs and articles that presented the positive and negative dimensions of the policy, each concept in the argument was counted as a separate statement. 12. In articles that presented the positive and the negative aspects of the policy and later stated their position in the argument, concepts that supported their position were counted as separate statements. The concepts that did not support the stated position but were raised for the purpose of discussion or inquiry were not counted. Although these statements were not counted, the concepts were considered in the interpretation of the data. For example in the following article, a positive aspect of the policy is presented in box 1:

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Box 1: Example of positive statement - Government leaders, military personnel, and the police justify collateral damage as an injury or harm that was not intended. Today in our country, when policemen or vigilantes shoot at suspected drug pushers or drug lords, the killing of defenseless civilians is presumably not deliberate. Rather, it is the unwanted consequence of a noble purpose: to abolish the existing drug menace, save millions of potential drug users, or achieve peace and order in the country (Manila Bulletin, 8 January 2017, Article 160); (Reference to the online newspaper is in Appendix A: Philippine on- line newspapers used in the content analysis, page 128).

However, this statement is countered by a negative aspect of the policy is critical of the policy as stated in box 2:

Box 2: Example of critical statement: The worst collateral damage is the loss of our moral sensibility. When we no longer shudder at the sight of dead bodies piling up because we see them only as collateral damage, it becomes easier for us to kill without any sense of accountability or fear of retributions (Manila Bulletin, 8 January 2017, Article 160).

The statements that are a positive endorsement to the police were not counted. But the statements that were critical of the policy were counted. The main message of the article was critical of the government’s view that the killing of the defenceless civilians as a collateral damage to achieve a noble purpose was a loss of the nation’s moral sensibility.

13. The current national drug policy termed the Double Barrel Policy consisted of a two prongs named Project Tokhang and Project High Value Targets. Project Tokhang dealt with community level illegal drugs misuse, while the High Value Target policy focused on narcopolitics and what were described as big time drug lords. This study focused on Project Tokhang. Statements that relate Filipino drug users with drug trafficking were counted. Street level drug pushing and drug pushing within communities were counted. 14. Statements on narcopolitics and high value targets such as crime syndicates and drug lords who engage in drug supply, but did not mention the involvement of drug users were not counted. 15. Statements where a government official such as a mayor, governor, policeman or community leader were identified as drug users were counted

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16. Statements that are implicit or may not clearly fit into a category are reviewed after a few days for coding and counting. A comparison of the initial and the subsequent coding is done to evaluate the consistency in coding and counting. When a discrepancy remains after the second time, the article is discussed with the supervisor for review. A final coding and counting is done after the consultation 17. After the first round of counting, a review was done through a second counting to ensure consistency and adherence to the rules of counting 18. From the second review of coding and counting there were 6 articles where no codes fitted into any of the categories. One article made statements on medical marijuana (Article 301), another reported killings but were not drug related (Article 242), 3 articles were on high value drug trafficking (Articles 170, 222 and 228) and 1 article was on a “Shabu” laboratory (Article 170).

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CHAPTER 4 - FINDINGS

Six categories of newspaper stories were identified in this content analysis. Category A: Endorsement of Project Tokhang, Category B: Drug Misuse and Crime Category C: Critical of Project Tokhang, Category D: Improvements Category E: Project Tokhang as a Health Policy Category F: Descriptions of Project Tokhang The number of codes counted from the pro-government and non-government newspapers from July 2016 to June 2018 in all categories are presented in Table 3.

The findings will be presented in the following manner: 1) brief description of each category, 2) examples and descriptions of statements from the newspaper articles, and 3) chart and description of the trend of each category. Quoted statements are in boxes and cited online newspapers are referenced in the following manner: (Name of the Philippine online newspaper, date, article number). The newspaper references can be traced to Appendix A: Philippine online newspapers used in the content analysis on pages 127 – 131.

Category A: Endorsement of Project Tokhang

Brief description of the category This category includes a range of positive statements endorsing current government policy as it relates to the implementation and effects of Project Tokhang. It includes statements describing Project Tokhang as effective in implementing policy in accordance to the law and consistent with the guidelines of Project Tokhang. Statements include descriptions on the effectiveness of the current policy in making Filipinos involved in drugs to respond positively to the current policy.

Examples and descriptions of statements Surrender of drug users and pushers Stories described the surrendering of drug users and pushers. This was generally interpreted as an endorsement of the drug policy (Philippines News Agency, 4 July 2016, Article 23). To surrender was taken to mean the giving up of one’s drug using behaviour and illegal activities and thus was interpreted as evidence of a reduction in drug related crimes.

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Table 3: Number of coders per category from July 2016 – June 2018

Pro-Government Newspaper Non-Government Newspaper C A T E G O R Y C A T E G O R Y A B C D E F A B C D E F 2016 4 Jul 117 30 0 0 24 4 37 3 65 0 10 7 2 Aug 66 33 7 10 71 13 15 6 98 17 16 20 7 Sep 34 1 0 13 11 6 31 24 51 17 18 11 6 Oct 25 7 24 5 25 11 20 34 19 3 0 9 4 Nov 41 3 3 11 30 2 12 5 22 3 30 7 3 Dec 0 0 0 3 13 2 3 7 40 2 0 10 2017 8 Jan 7 4 7 4 6 14 12 7 10 9 10 7 6 Feb 3 0 41 33 11 2 12 13 91 21 5 5 7 Mar 4 11 19 9 1 0 14 7 49 50 9 10 12 Apr 0 1 1 0 22 7 1 4 11 1 0 4 11 May 3 12 0 0 0 0 1 1 33 1 2 1 9 Jun 29 15 3 0 42 10 9 4 3 0 6 0 15 Jul 2 3 9 7 0 0 17 15 27 6 0 5 20 Aug 2 19 19 4 0 7 11 13 167 54 1 30 18 Sep 4 10 0 9 0 0 2 10 23 2 0 2 17 Oct 2 4 3 10 0 29 11 5 17 23 6 31 22 Nov 9 0 2 6 7 0 2 0 49 2 5 0 21 Dec 16 2 1 11 17 2 9 13 3 4 5 1 2018 26Jan 7 9 1 5 1 4 0 0 1 25 0 1 24Feb 23 1 0 0 1 0 7 14 4 3 0 6 25Mar 7 8 0 9 12 0 0 4 1 0 0 0 30Apr 32 17 7 1 0 4 34 4 2 5 0 4 29May 16 13 5 11 0 1 3 8 1 0 0 2 27Jun 6 6 0 15 5 2 14 21 15 25 0 7 Categories - A: Endorsement of Project Tokhang; B: Drug Misuse and Crime, C: Critical of Project Tokhang; D: Improvements; E: Project Tokhang as a Health Policy and F: Descriptions of Project Tokhang

Arrest of drug suspects The arrest of persons who were using drugs is another outcome recorded as an endorsement of the drug police (Philippines News Agency, 9 June 2017, Article 235). Recovering sachets of drugs from the suspects was evidence the suspects were involved in drugs.

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Two drug suspects who used "shabu" instead of cash to place bets in a coin toss. They were arrested based on a resident's complaint about their gambling activity. Five sachets of the drug were allegedly recovered from the two men (Philippine Daily Inquirer, 9 June 2017, Article 248).

Drug pushers within the community were likewise arrested for drug supply.

The suspects were allegedly using the barangay (village) ambulance of Norzagaray, Bulacan in the sale and transport of illegal drugs. … Arrested drug pusher, Mark Anthony de Guzman, revealed he gets his supply from an ambulance driver. (Manila Times, 9 June 2017, Article 250).

Buy-bust drug operations The buy bust operations used to arrest drug users and pushers in the community are described by pro-government and non-government newspapers (Philippines News Agency, 24 Feb’18, Article 328). The local police in coordination of the Philippine Drug Enforcement Agency (PDEA) conduct the buy bust operation. Moreover, the support of community leaders is generally described as essential in conducting a buy bust operation.

….barangay officials tipped them off about the illegal activities. He added are also in the Barangay Anti-Drug Abuse Council's drug watch list. (Philippine Star, 30 April 2018, Article 356)

Barangay (Community) leaders are described as assisting in the buy bust operations by providing information on drug suspects in their community. The undercover police poses as a buyer of drugs and once a transaction is completed, the suspected drug seller is arrested.

Baguinda was arrested for selling a sachet of suspected shabu to an undercover police officer in barangay Poblacion in San Fabian. (Philippine News Agency, 30 April 2018, Article 348).

The arrest is described as legal as it is stated the sale of drugs is a violation of the Comprehensive Dangerous Drugs Act of 2002. It is important to note buy-bust operations continued into the early months of 2018. 39

Community involvement The involvement of community groups and networking with the local government and police was reported as a productive approach in addressing the drug problem at the community level. Both the pro-government and non-government newspapers reported these stories. Homeowners of a Quezon City subdivision belonging to the middle class were reported to have endorsed Project Tokhang. Homeowners took an active role in drafting protocols concerning the best approach to tackling the drug problem in their own neighbourhood.

… the Quezon City Police District, in coordination with the local government and various homeowners' associations, will take the antidrug campaign inside 90 gated subdivisions in the city. This was the agreement reached in a meeting between the QCPD and the Alliance of Quezon City Homeowners Associations Inc. (Philippine Daily Inquirer, 7 September 2016, Article 93).

This involved cooperation among the local government, local police and the community such as the homeowners of Quezon City. Additional community support came from a Catholic Diocese who endorsed the policy and offered their support to help address the drug problem.

COTABATO CITY. This is an illustration of the cooperation between the Philippine National Police who were tasked to call drug personalities to surrender and those who did, are supported by the Diocess of Marbel of the Catholic Church (Philippines News Agency, 6 October 2016, Article 105)

This report is consistent with the guidelines of Project Tokhang where the police had the responsibility to persuade drug users and pushers to surrender. Those who responded were reported to receive support from the community such as the Catholic Diocese of Marbel.

Drug free communities: unclear Reported positive outcome of the drug policy was the clearing of community villages from drugs and crime.

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BACOLOD CITY, A total of 14 villages in Negros Island Region have been declared drug-free, based on the new parameters set by the . A barangay may be declared as 'drug-cleared' if there is non-availability of drug supply; absence of drug den, pusher, user; absence of clandestine drug laboratory; active involvement of barangay officials in anti-drug activities; existence of drug awareness, preventive education and information; and existence of voluntary and compulsory drug treatment and rehabilitation processing desk (Philippines News Agency, 9 June 2017, Article 241).

Government newspapers presented measures for assessing a drug free community within its boundary. The measures did not include drug users, pusher or suppliers who may hide and relocate to other areas to continue with their illegal operations. Reports described the existence of a processing desk for voluntary and compulsory drug treatment and rehabilitation suggesting the Dangerous Drug Board was considering how drug users might be helped to access treatment. The manner by which the drug policy was implemented makes it unclear whether drug users or pusher came voluntarily or were compelled because of the risks of being shot.

Trend of pro-government and non-government reporting Over time (July 2016 to June 2018) there is a trend observed concerning the extent to which Pro- government newspapers endorsed the policy (see Figure 1).

The endorsement of the pro-government newspapers was at its peak at the start of the implementation of the policy with the number of positively coded statements being 117 in July 2016. This level of endorsement began to taper off throughout the succeeding 6 months of 2016 until December 2016. Starting in January 2017 throughout the entire year until June of 2018, the pro-government newspapers’ endorsement of the policy remained steady at a relatively low number of codes ranging from 0 – 35.

Similarly, non-government newspapers reported stories that endorsed the Duterte government drug policy. The endorsement of this drug policy by non-government newspapers was consistently low throughout the 2-year period of observations from the start of the implementation of the policy in July 2016 to June 2018. There were slight peaks of a count of 37 codes in July 2016 and 34 codes in April 2018 (see Figure 1).

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Endorsement of Project Tokhang 140

120

100

80

60

40 Number Number of codes 20

0

Pro-Government Newspapers Endorse Non-Government Newspapers Endorse

Figure 1: Newspapers endorse the positive implementation and outcomes of Project Tokhang. Number of codes for Endorsement of Project Tokhang is in table 3, category A

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Category B: Drug Misuse and Crime

Brief description of the category This category includes statements describing drug users in negative terms. This includes statements describing drug users as engaging in evil and illegal activities who contribute to the ills of the community. This category includes statement describing drug users as criminals and addiction as a crime. It includes statements linking drug users with drug dealing and drug networks. This category includes statements made by and about drug users in terms of the unwillingness to surrender and their resistance towards the current drug policy. Statements suggest Filipinos involved in drugs as non-cooperative in response to Project Tokhang. Killings may have occurred and were viewed as necessary in addressing the drug problems of the community.

Examples and descriptions of statements Humanity of drug users is questioned Newspapers reported President Duterte’s mindset and attitude towards drug users and pushers, which formed the basis of statements endorsing the killing of drug users and pushers. Duterte expressed doubts about the humanity of drug abusers and was reported to have suggested there was no need for their rights to be protected.

Mr. Duterte…retorted: “[W]hat ‘crime against humanity?' In the first place, I'd like to be frank with you, are they (drug users) humans?” (Philippines Daily Inquirer, 7 March 2017, Article 205).

Drug users were reported to be perceived as beyond redemption.

…(Duterte’s) speech has been marked by invectives worthy of Hugo Chavez---and an obsession with the "war on drugs," informed by the misguided idea that drug users are beyond redemption- -- (Philippine Daily Inquirer, 11 May 2017, Article 230).

Being beyond redemption meant drug users and pushers were entrenched in their addictions and could not be rehabilitated and reintegrated into the society.

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Drug misuse and crime against the community Drug misuse coupled with related illegal activities was associated with crime, disorder and unrest. The killing of drug users and pushers was endorsed on the basis their humanity and rights were questionable, they were beyond redemption and considered criminals.

Admittedly, it's also a program with sufficient popular appeal at this time, sold on the ground that the end result is keeping the larger population safe, while those killed deserve to be eliminated from society because they are, after all, “not human” (Philippines Daily Inquirer, 7 March 2017, Article 205).

The killing of drug users and pushers was reported as necessary to achieve peace and order for the community.

“War on drugs is meant to protect the Filipino”. "To say otherwise is to undermine society's legitimate desire to be free from fear and to pander to the interests of the criminals," presidential spokesman added (Manila Bulletin, 7 March 2017, Article 198).

Community support of the war on drugs The community was called to help in solving the drug problems. Communities were viewed to have benefited from the war on drugs. Various groups were called upon to assist in eradicating the drug problem. For example President Duterte was reported to have called upon the National People’s Army who represent the Communist Party of the Philippines to assist in dealing with the drug problem of the Philippines, even if it meant killing drug traffickers in the community.

“What if you try them in your courts?” Duterte said in Filipino. “I don’t know if they are kangaroo courts or otherwise but why not just kill them so that we can find a faster solution to our problem (Manila Standard, 4 July 2016, Article 35).

In response, the Communist Party of the Philippines signified their cooperation with the President to eradicate drug trafficking in the jungles even if that meant the use of violence against those who resist.

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The CPP said, “The NPA is ready to give battle to those who will resist arrest with armed violence,” (Manila Standard, 4 July 2016, Article 35).

Some communities explicitly expressed their support of the drug policy. Economically disadvantaged communities were incapable of dealing with drug users and welcomed the war on drugs as the solution to clearing their communities of illegal drugs.

It is not far from the truth to approximate that out of every ten people killed by the police and masked vigilantes, nine are real drug personalities who have long destroyed peace and order in local communities. The feeling of relief brought about by the killings of these drug personalities outweighs the fear engendered by the few killings of innocent civilians (Philippine Daily Inquirer, 18 September 2017, Article 286).

Intended killings address drugs and crime Pro-government and non-government newspapers reported stories describing how the killing of drug users and pushers occurred. The killing of drug dealers was one component of the Duterte government’s drug policy.

CAMP GEN. ALEJO SANTOS, -- Like dominoes, drug dealers are falling one after another in the ongoing all-out war…Confiscated from the slain suspects were assorted firearms and ammunitions; sachets of containing white crystalline substance of suspected shabu; marked money and other drug paraphernalia. (Philippines News Agency, 4 July 2016, Article 11)

Legitimate buy-bust operations kill drug suspects The buy-bust operation became a standard procedure used by the police to deal with illegal drugs. These operations often led to the killing of drug suspects. There are stories describing how these operations were implemented.

Elements of Drug Enforcement Team of Rodriguez Police Station conducted a buy-bust operation against Zapra around 12:50 a.m. on Dao St., Barangay San Jose, when he sensed he was transacting with lawmen… an exchange of gunfire between Zapra and policemen followed, which left the suspect dead (Manila Bulletin, 9 June’17, Article 243)

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In the buy bust operation, the policemen simulated a drug transaction with a drug suspect. However the drug suspect may sense he is dealing with policemen and responds by engaging the police in a shootout. It is reported the drug suspect initiates the shooting and the policemen shoot back in self- defence. Although the killings of a drug suspects was reported, the drug bust operations was reported as lawful as the police were reported to kill in self-defence. Moreover, the drug suspect was in the drug watch list and the police seized drugs, a gun and buy-bust money giving evidence the suspect was engaged in an illegal drug activity.

DAGUPAN CITY After their drug transaction with a policeman who acted as poseur-buyer, Catungal sensed he was dealing with lawmen, that was why he drew a Cal. 45 pistol from his waist and fired at the policemen but missed his target. At that juncture, Cornel (the other drug personality) brought out a hand grenade. Police officers immediately returned fire and neutralized both suspects. (Philippines News Agency, 4 July 2016, Article 7).

Drug pushers are described as equipped with ammunition. For example one drug pusher had a pistol and the other had a hand grenade. The government and the news reporters used the term neutralize, which can mean to shoot or kill. Police officers and community leaders who are suspected drug pushers are not spared from buy bust operations.

CAMP OLIVAS, an absent without leave police officer and a barangay chairman, were killed during separate buy-bust operations in Bulacan (Philippines News Agency, 2 August 2016, Article 43).

Police operation is legal, drug use is criminal Policemen in self-defence shot a drug suspect during a drug operation where the police was issuing a warrant of arrest.

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LUCENA CITY, Quezon …policemen who were serving him a search warrant in Infanta town in Quezon province. Senior Supt. Antonio Yarra, Quezon police director, said the suspect, Camaloden Sarip, 40, drew his gun as he stopped policemen from entering his house in Barangay Poblacion Bantilan. Sarip was hit as policemen returned fire. He died while being taken to the Claro M. Recto Hospital in Infanta. His wife, Eleanor, surrendered to policemen, Yarra said (Philippine Daily Inquirer, 7 September 2016, Article 97).

The Government newspaper reports it is legal to issue a search warrant to suspected drug users and pushers for violating the law of the Republic Act 9165 or the Comprehensive Dangerous Drugs law.

Newly-installed San Pedro City chief of police Supt. Harold Depositar said the anti-illegal drugs operatives in this city served the search warrant to the suspect for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs law (Philippines News Agency, 4 July 2016, Article 16).

Trend of pro-government and non-government reporting The trend was similar for the reporting by pro-government and non-government newspapers which associate drug problems with crime (see figure 2). For the pro-government newspapers, the numbers of codes were highest at the start of the implementation of the policy in July 2016 at 30 codes and in August 2016 at 33 codes. For the Non-government newspapers, the number of codes started low at 3 codes in July 2016 but progressively increased to 34 codes by October 2016. After this time both types of newspapers reached their peaks, the number of codes tapered down followed by a waxing and waning of the number of codes ranging from 0 – 20 for the succeeding months until June 2018.

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Project Tokhang on Drugs and Crime 40 35 30 25 20 15

10 Number Number of coeds 5 0

Pro-Government Crime Non-Government Crime

Figure 2: Newspapers describe Project Tokhang’s approach on drug use and crime. Number of codes for Project Tokhang on drugs and crime is in table 3, Category B

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Category C: Critical of Project Tokhang

Brief description of the category Critical statements tended to focus on the various killings were associated with the implementation of the drug policy and the call to end the extrajudicial killings. Stories describe why and how the killings occurred, who were the victims and the extent of the killings. Examples of stories include how the community, church, human rights advocates and the government had responded to the killings. Critical statements were reported more often from non-government newspapers. Some articles from a pro-government newspaper also reported on the killings as their number increased.

Examples and descriptions of statements President Duterte’s rhetoric to kill drug suspects President Duterte’s rhetoric was widely reported in the newspapers and arguably paved the way for killings to occur.

On the day Duterte was sworn into office, he called on Filipinos to kill criminals and drug offenders. “If you know of any addicts, go ahead and kill them yourself as getting their parents to do it would be too painful,” (Philippine Star, 4 July 2016, Article 29).

Ombudsman Conchita Carpio Morales was reported to have spoken out against the President’s rhetoric regarding the war on drugs.

"The directive to kill people under any situation, irrespective of how, irrespective of the context, to me, that's not acceptable," said Morales, a former Supreme Court justice and a Ramon Magsaysay laureate (Philippine Daily Inquirer, 15 July 2017, Article 256).

Ombudsman Morales explained it is not illegal to say I will kill you (Philippine Daily Inquirer, 15 July 2017, Article 256). However the effect of the President’s words and how they were understood and applied by the police and the people was perceived to have contributed to killings. Senators who were considered to be supporters of the government’s drug policy called upon the President to refrain from making statements advocating the killing of drug suspects.

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On Monday, Sen. Richard Gordon said Duterte was "falling on his own sword" for being "too noisy" in publicly expressing his desire to kill suspected drug users and pushers. House Majority Leader Rodolfo Fariñas also called on Duterte to refrain from making public pronouncements and advised him to just focus on his job (Manila Times, 6 October, 2016, Article 124).

Various killings In one story, a journalist photographer, Raffy Lerma described his response to the mindless, careless and rising numbers of faceless street killings associated with the war on drugs. He felt particularly helpless in responding to the cry for help from Jennilyn who embraced the lifeless body of her slain husband Michael, while Raffy was taking their picture. He published the picture as a portrayal of Duterte’s war on drugs.

And that is the human face of the Duterte campaign: a grieving widow, a slain young man, and a populace that could do nothing but look on as police waited for operatives to process the crime scene (Philippine Daily Inquirer, 2 August 2017. Article 66).

A senior citizen raised as a social injustice issue the low value of life of drug addicts and dealers including the seniors who are involved in drugs. He was critical of the government’s perception that drug users and pushers were not worthy of rehabilitation and rehabilitation efforts were perceived as unaffordable.

I don't know that there are seniors among the initial dead; if there are any, they will go into the ledgers as numbers representing senior-expense savings (Philippine Daily Inquirer, 8 January 2017, Article 168).

The killings reported involved not only of drug suspects but included vigilante killings, and the death of policemen engaged in drug operations as well as “innocent" victims.

President Duterte pledges police support Newspaper reports stated President Duterte backed policemen with the “dangerous notion that the police must be defended regardless of their actions” (Philippine Daily Inquirer, 11 May 2017, Article 230). However, this system was reported to create an environment facilitating abuse by

50 police and corruption and killings occurred with seeming impunity. These abusive police operations were reported to be criticized by communities, the church and human right advocates. Amnesty International reported on extrajudicial killings and police abuse of drug suspects were reported in non-government newspapers.

All extrajudicial executions, irrespective of who the victim is, are unlawful. The investigation report discussed in depth the dynamics of the anti-drug war including Oplan Tokhang, police killings and raids on homes, killings in detention, pressure and incentives that encouraged police killings, planting evidence and falsifying police reports and other crimes that naturally thrive as a result of the climate of impunity like vigilante-style killings (Manila Standard, 7 March 2017, Article 209).

Economically disadvantaged communities, who supported the Duterte government and his war on drugs, are reported to have put the responsibility for the observed killings upon abusive policemen who did not follow orders.

Cristina Antonio Centerlaw represents a number of families of victims of in the current war on drugs…observed that in urban poor communities… the people put the blame entirely on abusive policemen (Philippine Daily Inquirer, 18 September 2017, Article 286).

Killings beyond police abuse The findings of Amnesty International as reported suggested police abuse may have been systemic and involved government officials.

Amnesty International found that based on corroborating witness statements and other credible information, the vast majority of these killings appear to have been extrajudicial executions— that is, unlawful and deliberate killings carried out by government order or with its complicity or acquiescence. A police officer told Amnesty International that there are significant under-the- table payments for “encounters” in which alleged drug offenders are killed. He also said a racket between the police and some funeral homes leads to payments for each body brought in (Manila Standard, 7 March 2017, Article 209).

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A pro-government newspaper reported an event when President Duterte condoned law enforcers who killed a drug suspect without due process and with impunity (Manila Bulletin 15 July 2017, Article 251). Mayor Rolando Espinosa was arrested and jailed for illegal drug trading. While he was in the Leyte Provincial Jail Extension, he and inmate Raul Yap were killed. The Senate committee on public order and dangerous drugs chaired by Senator Panfilo Locson investigated the killing. It was concluded Police Superintendent Marvin Marcos and 18 members of the PNP pre- meditated and killed Marvin Espinosa and Raul Yap. Furthermore, the National Bureau of Investigation concluded the killing of Espinosa and Yap was a case of extrajudicial killing.

Despite the senate findings which were reported, the Department of Justice downgraded the charge from murder to homicide. Upon the orders of President Duterte, Marvin Marcos was reinstated as the Chief of Investigation and Detection Group of Region 12 and the other 18 policemen resumed their duties in other regions in the Central Visayas and . Both the majority and minority bloc in the Senate condemned President Duterte’s decision.

"In sum, there is a phrase to describe this whole damn thing: P***** I**!" said Lacson, a member of the Senate majority whose committee concluded that the Espinosa-Yap killing last November 2016 was premeditated Senator Sherwin Gatchalian said, "The problem here is that they were part of a heinous crime. I think this will send a very bad signal to scalawags in the police …we don't want to breed impunity in the PNP." Sen. Paolo "Bam" Aquino IV, a member of the Senate minority bloc criticized the Duterte administration saying, "Stop coddling criminals within the ranks of policemen and let justice prevail.” (Manila Bulletin 15 July 2017, Article 251).

Critics in Senate attribute killings to President Duterte One article reported Senator and Senator considered the death of Espinosa and Yap as extrajudicial killing and attributed it directly to President Duterte and his government.

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Sen. Risa Hontiveros called Duterte's order, "This is outright obstruction of justice from the highest level of governance and Executive promotion of extrajudicial killings.” Detained Sen. Leila de Lima said, “Duterte's assurance of executive clemency, downgrading of offense charged to allow the posting of bail, and now reinstatement in the service renders the criminal justice system inutile. These are inconsistent with the state's duty to punish murder as both a crime under international law and a gross violation of human rights." (Manila Bulletin 15 July 2017, Article 251)

Senator Antonio Trillanes IV who condemned the killings made a statement attributing the extrajudicial killings to President Duterte. In his view, the President should be responsible for stopping and not in encouraging the killings.

“I am firm in my belief that President Duterte was behind the and the extrajudicial killings now happening in our country,” he said. “If he was not the one behind this, then why can't he stop it? Instead, he is even encouraging the killings. (Philippine Daily Inquirer, 4 November 2016, Article 140).

Investigate buy-bust operations Buy-bust operations, which were sanctioned by the government, involved policemen who posed as drug buyers with the purpose of arresting drug users and pushers. These operations could have been used as a means of killing drug suspects.

"I already told that [the Commission of Human Rights should] have an active role in exposing the scheme of the police alleging that the drug addict or pusher had put up a fight. All they have to do is rush to the crime scene and interview the relatives if indeed the suspect had resisted arrest and drew his gun," the son of the late iconic freedom fighter and lawyer Jose "Pepe" Diokno added (Manila Times, 15 July 2017, Article 258).

The Commission on Human Rights was called upon to investigate the buy bust operations as a new form of extrajudicial killings in the name of the law enforcement. It was reported law enforcers whose duty is to arrest drug suspects might be using buy bust operations as a pretext or strategy to kill suspected users.

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Killing of innocent bystanders and children Moreover, there were stories of how buy bust operations led to the killing of innocent bystanders.

Bystander Kevin Fiesta, who was hit by a stray bullet, was pronounced dead on arrival at the Pillar Hospital (Philippines Star, 12 April 2017, Article 218).

The killing of children who were shot at the crossfires of drug operations was interpreted as an unfortunate consequence of the war on drugs.

Based on monitoring by the Children’s Rehabilitation Center, at least 31 minors have died in connection with illegal drugs-related incidents, including police operations. The cases include four-year-old Althea Barbon who died in Negros during a drug sting operation involving her father, 17-year-old Hideyoshi Kawata who died in an operation also in and five-year-old Francis Mañosca who was killed with his father by unidentified gunman in (Philippine Star, 20 August 2017, Article 265).

A Catholic priest, Fr. Rolando V Dela Rosa OP, published an article in the editorials of a pro- government newspaper. He was critical of the government’s repeated statements legitimizing the killings as collateral damage of the war on drugs. The effect of these repeated statement was perceived to be the loss of the nation’s moral sensibility.

The President calms our fear and alleviates our moral indignation by calling the casualties as mere "collateral damage. When a society condones or trivializes the murder of innocent people, human life ceases to matter” (Manila Bulletin, 8 January 2017, Article 160).

Vigilante killing Vigilante killings were reported to have resulted from warring drug lords who may have hired gunmen to kill their rivals. Unidentified gunmen killing drug pushers were reported.

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The Pasay City Police said Valenzuela, alias Tita Bakla, was standing in front of his house at No. 133 P. Manahan St., Brgy. 30, Zone 5 when two men attacked him around 3:10 a.m. Saturday. The suspects fired successive shots, leaving the hapless body of the victim bloodied on the ground. The suspects fled on foot afterwards. Valenzuela was rushed to Pasay City General Hospital where he was declared dead on arrival about 3:36 a.m. PO2 Noel Burden, case investigator, said Valenzuela was a "bigtime drug pusher". Burden said, “His deals involve thousands of pesos.” (Manila Bulletin, 20 August 2017, Article 262).

Vigilante killings were described as drug users and pushers killing each other.

In City, four motorcycle-riding suspects repeatedly shot Alexander Laa and Cecilio Natividad at a drinking session in Natividad's house on Gladiola Street, Rizal village. Sherwin, Cecilio's elder brother, admitted that he had sold drugs and surrendered but continued selling drugs and even using their house as a drug den. "For the past years, it's been like this," he said. "Drug pushers and users dupe, don't pay and kill each other," he added (Philippine Daily Inquirer, 20 August 2017, Article 272).

Vigilante killings create a dilemma for solving the nations’ problems crime problems. The drug policy aimed to prosecute illegal drug activities through lawful means. However, vigilante killings was described as crime that could not be justified by the current drug policy.

President Roa has repeatedly disclaimed vigilante killings as administration policy. Accept this denial and the possibility that the murders stem from warring drug lords, but also continue to hold the government accountable for stopping these vigilante criminals (Philippines Daily Inquirer, 3 December 2016, Article 151).

Some vigilante killings were not linked to the government’s drug operations. Critical statements of the policy called on the Duterte government to take responsibility for stopping the vigilante killings, which were a consequence of the war on drugs.

Catholic Bishops of the Philippines condemn the killings On 30 January 2017, the Catholic Bishops of the Philippines during their conference were reported to have denounced the killings in the Duterte government’s campaign against illegal drugs. A 55

Pastoral letter was formulated and read during the Catholic Masses throughout the country. The purpose was to disseminate the Catholic Bishops’ beliefs and responses to the campaign against drugs. “The Catholic Bishop’s Conference of the Philippines acknowledged 'traffic in illegal drugs needs to be stopped but the solution does not lie in the killing of suspected drug users and pushers” (Philippines News Agency, 6 February 2017, Article 177). They raised their deep concerns regarding the killings and the moral decline of the community as manifested by the people’s indifference and acceptance of the killings as necessary.

The pastoral letter stressed that all acts must be guided by truth and justice, and cited seven “basic teachings that are rooted” in the people’s being “human, Christian and Filipino.” 1) The life of every person comes from God; 2) The opportunity to change is never lost in a person; 3) To destroy one’s own life and the life of another is a grave sin and does evil to society; 4) Every person has the right to be presumed innocent until proven guilty; 5) Any action that harms another seriously is a grave sin. To push drugs is a grave sin, as is killing, except in self-defence; 6) The deep roots of the drug problem and crime are the poverty of the majority, destruction of the family, and corruption in society; and 7) To consent and keep silent in the face of evil is to be an accomplice to it. (Manila Standard, 6 February 2017, Article 191)

The Catholic Bishops of the Philippines made their stand to uphold life and emphasised to destroy life is evil. They urged the people to examine their views and to speak out against the various killings are corrupting the society.

By agitating the national conscience and stirring it from acquiescence to extrajudicial killings and summary executions, the Church is maintaining that critical exchange that makes legitimacy a current issue (Manila Standard, 6 February 2017, Article 192).

The Catholic Church inspired the congregation to rally against the killings. The Church and its followers were reported to have provided spiritual and practical support for the families of the victims of the extrajudicial killing.

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The police cannot act like Lady Macbeth telling herself that a little water will clean the blood from her hands. Catholic laity have been busy organizing Holy Eucharist Mass Action as a "nonpartisan and ecumenical response. . . to the spiritual and corporal needs of the families who were victims of EJK" (Manila Bulletin, 7 March 2017, Article 199).

Killing of Kian a teenager In August 2017, newspapers reported a police drug operation resulted in the killing of Kian Lloyd delos Santos, a 17 year old teenager. The policemen claimed Kian was a drug suspect who fought back which compelled the police to shoot at him.

(Kian) Delos Santos was shot dead Wednesday night by the police who claimed that the 17- year-old had fired on them when he saw them coming. But several witnesses said the police had beaten up the boy already in their custody, gave him a gun and forced him to run before shooting him. After the gunshots, Delos Santos was found dead, face down, on a garbage heap (Philippine Daily Inquirer, 20 August 2017, Article 277).

However, witness and the CCTV footage provided evidence of police abuse.

The family of Delos Santos said they would use a footage of a barangay CCTV camera that showed policemen carrying the teenager, contrary to claims he fired a gun while trying to escape. Saldy delos Santos, father of victim Kian Lloyd, accused the police of unjustly killing his son after footage from the barangay CCTV showed two men, not in uniform, dragging the teenager to where he was found dead (Manila Standard, 20 August 2017, Article 279).

People who knew Kian were reported to have testified of his aversion to drugs. This drug operation exposed police abuse and resulted in the death of an innocent teenager, forcing the Duterte government to re-evaluate and improve its drug policy. As reported in newspapers, the footage was consistent with the claims of the witnesses Kian was shot and may have been dragged by the police to where he was found dead (Manila Standard, 20 August 2017, Article 279). Police claimed Kian was a drug suspect. But interviews with family and friends disclosed otherwise and testified to Kian’s avoidance and aversion to drugs.

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The mother of Kian said her son was scared of "drug addicts" that's why he wants to become a cop. Shane, a neighbor of Kian, said the slain 17-year-old student usually takes certain routes, because there are streets in their area that are being used as drug dens. "He said that he wants to become a policeman. One day, he wants to nab them all. He's doesn't like drug addicts," the neighbor and friend of Kian said (Manila Bulletin, 20 August 2017, Article 263).

Newspaper statements reported evidence of police abuse led to the death of Kian. This led to a public outcry from government officials, human right advocates, Church and the community as reported from pro- government and non-government newspapers.

The public, on social media, condemned the brutal death of Kian. (Manila Bulletin, 20 August 2017, Article 263) Common folk paid their last respects alongside VIPs like Sen. Risa Hontiveros, former Education Secretary Br. Armin Luistro, FSC; Kabataan Rep. Sarah Elago, Caloocan City Mayor Oscar Malapitan, Caloocan Bishop Pablo David and representatives from Amnesty International, the Commission on Human Rights and Iglesia ni Kristo (Philippine Daily Inquirer, 20 August 2017, Articles 274).

The community response to the injustice of Kian’s death was described by the newspapers as overwhelming.

In a simple casket lay the remains of the 17-year-old Delos Santos, whose death in a "One Time, Big Time" police raid on Wednesday night has sparked a nationwide furor. (Philippine Daily Inquirer, 20 August 2017, Articles 274) “The public perception is that the cops killed Kian (even) when he was obviously helpless" (Philippine Daily Inquirer, 20 August 2017, Article 277).

In response to the killing of Kian, a pro-government newspaper reported Malacanang, which is the term used for the Office of the President, condemned Kian’s death in the hands of police abuse.

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This is one instance where the Duterte Government condemned this untoward killing that has resulted from its drug policy.

Malacañang in a statement condemned what it called Delos Santos’ “deeply regrettable” death, reminding law enforcement authorities “to be wary of the reckless exercise of power and authority (Manila Standard, 20 August 2017, Article 279).

Loss of lives and moral principles A professor emeritus at the Asian Institute of Management, Edilberto C. de Jesus was reported to claim the war on drugs was potentially more dangerous than the nation’s problem of drugs and crime. Edilberto de Jesus encouraged people to uphold human life and moral principles.

Prudence warns us against committing to a cure potentially worse than the disease...President Duterte dramatically declares he would sacrifice his presidency and his life. Fine. But, before that, he would first sacrifice the rule of law, the regard of nations, constitutional guarantees, human rights, moral principles, Filipino values, and however many lives it may cost. (Philippine Daily Inquirer, 3 December 2016, Article 151).

Changes in response to the killings A change in the rhetoric of the Duterte government was noted from the unconditional support of police to accountability for drug operations.

Justice Secretary Vitaliano Aguirre himself has directed the National Bureau of Investigation to probe Delos Santos’ killing. The President, who continues to vigorously pursue the dismantling of drug apparatus, ensures that erring enforcers will be properly investigated. (Manila Standard, 20 August 2017, Article 279).

Changes were noted from the community’s views on drug policy as reflected by the polls. While 88% continued to support the government’s policy of addressing the drug problem, 73% believed extrajudicial killings were occurring.

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In the nationwide survey conducted last Sept. 24-30 among 1,200 respondents, Pulse Asia found that 88 percent of Filipinos are supportive of the Duterte administration's war on drugs only 2 percent of Filipinos are not supportive of the campaign, while 9 percent are unable to say if they support. Pulse Asia said the same levels of support are obtained across geographic areas and socio-economic groupings (84 to 94 percent and 80 to 89 percent, respectively) But 73 percent of Filipinos believe that extrajudicial killings are occurring during the course of action on illegal drugs. (Manila Bulletin, 17 October 2017, Article 291, Philippine Star, 17 October, Article 294).

Moreover, the polls recorded a decline in the satisfaction ratings of President Duterte.

The latest Social Weather Stations (SWS) survey released last Sunday, Duterte’s net satisfaction ratings plummeted by 18 points. It dropped to +48 from +66 in June. Philippine National Police (PNP) chief Director General Ronald Dela Rosa said the bloody war on drugs is one of the factors for the sharp decline in Duterte’s satisfaction ratings in the SWS survey. “We don’t receive the support of the majority of the Filipino people so we should stop.” (Philippines Star, 17 October 2017, Article 294).

In response to the polls, General Ronald Dela Rosa, the Chief of the PNP who was commissioned by President Duterte to implement the drug policy, came to the conclusion the killings associated with the policy were a factor in the decline of the support of the Duterte’s drug policy. This change in view paved the way for the Duterte government to improve its drug policy.

The Senators likewise proposed resolutions to stop the killings. A Senate minority proposed a resolution to stop the killings of drug suspects. Likewise, the majority block in the Senate that supported the Duterte government’s drug policy passed a resolution to end the drug killings.

… the entire 17-member majority came out with its own resolution calling for an end to drug killings in the country to show that they were "not heartless" (Philippine Daily Inquirer, 22 November 2017, Article 308).

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Trend of pro-government and non-government reporting The number of codes and cases representing critical statements from pro-government newspapers has remained consistently low throughout the period of observation from July 2016 to June 2018. There were 3 peaks observed in October 2016 with a number of critical reports at 24, February 2017 having 41 critical reports and August 2017 there were 19 reports. Upon reviewing these months, the 24 codes in October were statements from an editorial of the pro-government newspaper criticized the current drug policy. The peaks observed in February 2017 and August 2017 coincided with the peaks observed from the non-government newspapers (see Figure 3).

Critical of Project Tokhang 180 160 140 120 100 80 60 40 Number of codes 20 0

4 Jul'16 4

8 Jan'178

9 Jun'179

6 Oct'166

7 Sep'16 7

6 Feb'176

3 Dec'163

2 Aug'162

15 15 Jul'17

26Jan'18

4 Nov'16 4

7 Mar'177

27Jun'18

24Feb'18

30Apr'18

25Mar'18

18 18 Sep'17

29May'18

21 21 Dec'17

12 12 Apr'17

17 17 Oct'17

20 20 Aug'17 22 22 Nov'17 11 May'17 Pro-Government Newspaper Critical Non-Government Newspaper Critical

Figure 3: Critical statements of the implementation and negative consequences of Project Tokhang. Number of codes for Critical of Project Tokhang is in table 3, category C

In contrast, the number of codes representing the critical statements from non-government newspapers remained higher than the government and pro-government newspapers. There were 3 peaks observed: early in the observation period in August 2016 at 98 codes, February 2017 at 91 codes and the highest was in August 2017 at 167 codes (see Figure 3)

The peak codes observed both in the pro-government and non-government newspapers in February 2017 were from statements covering the Catholic Bishops’ denouncement of the killings in the campaign against drugs. The peak observed in August 2017 was from stories reporting the killing of a teenager, Kian Lloyd delos Santos during a police drug operation (see Figure 3).

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Category D: Improvements

Brief description of the category Many of the reports which appeared in newspapers discussed the need for improving the manner in which the policy was being implemented. This category describes gaps in the approach in addressing drugs and statements include steps and suggestions being undertaken on how to address the gaps. A range of statements acknowledge mistakes committed and the consequences in the implementation of Project Tokhang and how these mistakes are corrected. This category includes statements describing new approaches that can improve the implementation and outcomes of the policy.

Examples and descriptions of statements

Increase the number of arrest of drug suspects During the early months of the implementation of Project Tokhang when killings were on the rise, the manner in which suspected users were arrested were questioned.

Sen. Sherwin Gatchalian on Tuesday called on the Philippine Drug Enforcement Agency to boost its prosecution capability, saying he was dismayed by the dismal conviction rate of the country's chief anti-illegal drugs agency (Philippine Daily Inquirer, 7 September 2016, Article 95).

In a senate discussion, Sen Gatchalian identified the limitations of the judiciary system in prosecuting drug suspects. The suggested solution involved a higher budget to improve the enforcement and prosecution of drug suspects.

General Dela Rosa, the chief of the PNP, who was commissioned to lead the Duterte government’s campaign to solve the nation’s drug problem stated his order was not to kill but to implement the surrender and arrest of drug suspects.

PNP chief Director General Ronald 'Bato' Dela Rosa earlier said that the policemen had a 'quota', not in the killing, but rather, in the surrender and arrest of drug suspects (Philippines News Agency, 6 October, 2016, Article 115)

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In response to the orders of General Dela Rosa, police chiefs in some provinces in the Philippines intensified their effort to arrest drug suspects and to reach their given quotas (Philippines News Agency, 4 November 2016, Article 132). The training of policemen and evaluating their performances were steps taken to improve police operations.

'They were evaluated as to their performance output, including drug personality list generation, household visitations, search warrant implemented, arrest warrants served, filing of drug cases in court and other police operations conducted. "Unfortunately, they were at the bottom and so we need to replace them to give way to officers who have the drive to perform better,' Constantino said. (Philippines News Agency, 7 September 2016, Article 82).

Project Tokhang temporarily suspended Despite the PNP’s plan to curtail the killings and to focus on the surrendering and arrest of drug suspects, the killings continued to escalate. There was some doubt about the ability of police to prevent unlawful killings. One reported police anti-drug operation resulted to the unlawful killing of a Korean executive, Jee Ick Joo, in October 2016 inside the PNP headquarters.

The original Oplan Tokhang and Oplan Double Barrel were suspended in January after it was found that police anti-drug operatives killed Korean executive Jee Ick Joo in October 2016 right inside the PNP headquarters in (Manila Times, 7 March 2017, Article 208). Duterte suspended the police crackdown on illegal drugs, which has claimed more than 6,500 lives, after police—whom he described as “rotten to the core”—were accused of kidnapping and murdering a South Korean businessman in a bid to extort millions of pesos from his wife (Manila Standard, 7 March 2017, Article 210).

The implementation of drug policy was temporarily suspended in January 2017 after investigations showed a police drug operation resulted in the killing of Jee Ick Joo. In March 2017, the drug campaign was relaunched this time with the intention to prevent killings.

Director General Ronald Dela Rosa, chief of the PNP has promised a less bloody campaign against drug personalities in its re-entry to the anti-drugs war (Manila Bulletin, 7 March 2017, Article 197).

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Improvements to prevent further killings To prevent the killings the PNP Drug Enforcement Group was reorganized to lead the police drug operations. Policemen were screened for inclusion into this group to prevent police abuse and corruption.

Headed by Sr. Supt. Graciano Mijares, the new PNP Drug Enforcement Group will have built-in systems that guarantee full accountability and instil internal discipline among all personnel, Dela Rosa said (Manila Times, 7 March 2017, Article 208).

Following the widely reported Catholic Bishop’s condemnation of the killings in the campaign on drugs and the PNP’s plan of a bloodless drug campaign, the Church was called upon by the Duterte government to assist with the relaunching of Project Tokhang.

Despite being heaped with scorn by President Duterte, priests were invited yesterday to join the police in anti-drug operations under Project Tokhang 2, with the clergy’s presence seen to lessen the risk of violence and bloodshed (Philippine Star 7 March 2017, Article 203, Manila Times, 7 March 2017, Article 208).

Role of the Church to reduce the killings A suggested approach in the relaunching of Project Tokhang was a well-coordinated involvement of the government, reformed policemen, local community members and the Church. It was thought this team approach would restore the credibility of the drug campaign widely reported to be tarnished with corruption and bloodshed. The plan was to enhance the rehabilitation and prevent the killing of drug suspects.

“Imagine you’re a drug personality and the people who come knocking on your door turn out to be the chief of police, the barangay captain and the local priest. I think it will soften your heart, and make you immediately follow their advice to change your ways, or undergo rehab if you’re not yet ready,” Dela Rosa said. (Philippine Star 7 March 2017, Article 203).

The Catholic Church declined to participate in the relaunching of Project Tokhang as expressed by Fr Jerome Secillano, secretary general of the Catholic Bishop’s Conference of the Philippines 64

Public affairs committee. Moreover, Archbishop Oscar Cruz defined the role of the Catholic Church in the drug campaign through drug rehabilitation and holding dialogues with drug users and sellers.

Emeritus Lingayen-Dagupan Archbishop Oscar Cruz said priests have a different job and their presence in drug raids is not necessary. He also stressed that priests have their own programs for drug users. Aside from offering rehabilitation to drug dependents, the church, through its Basic Ecclesial Communities, is holding dialogues with people using or selling illegal drugs (Philippine Star 7 March 2017, Article 203).

Drugs and crime: difficult to control When Project Tokhang was temporarily suspended in January 2017, the PDEA reported a resurgence of illegal drug activities (Manila Times, 7 March 2017, Article 208). This resurgence was observed in the streets and there was evidence of middle level drug pushing, high level trafficking, even in communities that were previously cleared of illegal drug activities. The Duterte government was determined to solve the ongoing drug problems and in March 2017 Project Tokhang was reported to have been relaunched with more vigour. However, Project Tokhang received another blow to its credibility, efficiency and ability to prevent killings when in August 2017, a police drug operation resulted to the untoward killing of a teenager, Kian Lloyd delos Santos who did not appear to be engaged in drug activities.

Newspaper stories suggested there was a need to consider other solutions to the nation’s drug problems in addition to the eradication of illegal drug activities.

Investigate the killings To investigate the various killings that occurred during the drug campaign was a significant demand. However strong the case for obtaining correct information and prosecuting the guilty, there was the additional concern about how to prevent further killings.

Senator Leila de Lima who was reported to be a critic of President Duterte and his war on drugs called for the Senate to investigate the extrajudicial killings of drug suspects and vigilante killings. She chaired the Senate Justice committee tasked with investigating the killings (Philippine Daily Inquirer, 2 August 2016, Article 67). However, she was charged and arrested for illegal drug trading. Non-government newspapers reported Senator de Lima claimed the arrest was illegal but

65 was done in order to silence her. Senator de Lima who is a former Justice Secretary was also investigating the possible involvement of President Duterte in the Davao Death Squad while he was still the Mayor of Davao.

At this time of writing this media analysis, Senator de Lima remains in detention at Camp Crame, . She continues to seek justice for drug suspects who have been killed and to advocate for the human right of drug users and pushers.

A year in jail has only made Sen. Leila de Lima's spirit "burn bright and hotter." "One year after having me illegally detained, they (Duterte administration) not only failed to suppress my spirit, they made it burn brighter and hotter," de Lima said (Philippine Daily Inquirer, 24 Feb 2018, Article 334).

Local and international human rights organizations were vocal in expressing their condemnation of the killings linked to the war on drugs. Amnesty International investigated 33 drug related killings (20 police operations and 13 by unknown gunmen) in 20 different cities and towns. A majority of the killings appeared to be extrajudicial which the report defined as “unlawful and deliberate killings carried out by government order or with its complicity or acquiescence” (Manila Standard, 7 March 2017, Article 209).

A journalist reported in a non-government newspaper on the war on drugs based on “two important, well-researched, and superbly documented reports by Amnesty International (“If you are poor you are killed”) and Human Rights Watch (“License to Kill: Philippine police killings in Duterte’s war on drugs)” (Manila Standard, 7 March 2017, Article 209). He claimed the reports from these two internationally renowned human right organizations are credible (Manila Standard, 7 March 2017, Article 209). The article went on and stated extrajudicial killing is prohibited by international law. When killings occur with any form of involvement of the police or in any police operation, the Revised PNP Operational Procedures requires an investigation. Yet in the current government’s drug policy, it appears the Duterte government did not require the basic investigation of many cases of extrajudicial killings (Manila Standard, 7 March 2017, Article 209).

Shift leadership from police to law enforcement agency President Duterte shifted the leadership of his drug campaign from the Philippine National Police (PNP) to the Philippine Drug Enforcement Agency.

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Two teenagers were killed by police in Caloocan City in September, leading to an explosion of public anger that pulled down Mr. Duterte's poll ratings---and to the demotion of the 185,000- strong PNP from the lead role in the war on drugs last week. Mr. Duterte gave the lead role to the PDEA, which he noted had fewer kills. (Philippine Daily Inquirer, 17 October 2017, Article 296)

The PDEA is designated by the law under Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, as the lead agency in the government's war on narcotics (Philippine Daily Inquirer, 17 October 2017, Article 297). The PDEA is responsible for efficient law enforcement of all provisions on any dangerous drugs and/or precursors and essential chemicals ("Philippine Drug Enforcement Agency Mandate and Functions," n.d.). This shift of leadership was argued to give expression to the government’s intention to carry out a drug campaign consistent with the law and is free from corruption and police abuse.

Address social issues of drug misuse Societal problems were identified as a root cause of the nation’s drug problems. This assessment was mentioned at the Catholic Bishop’s Conference of the Philippines and was reported by pro- government and non-government newspapers in February 2017. The Catholic Church called upon the government to acknowledge the social dynamics of the drug problem and not just focus on drugs as a criminal issue.

Catholic Bishop’s Conference of the Philippines urged the government to solve the root cause of the drug problem and criminality, which is poverty of the majority, the destruction of the family and corruption in the society (Philippines News Agency, 6 February 2017, Article 177).

There are limited statements from both pro-government and non-government newspapers discussing how drug problems can be addressed from a social perspective. Arguably the Duterte drug policy focused on addressing the drug problem as a crime and did not give consideration to the social causes of drug use and sales.

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Change required a mindset to uphold life As a result of the killings associated with Duterte’s drug policy, which was highlighted by the death of a teenager, Kian delos Santos during a police operation, there appeared a new focus on rehabilitation.

Presidential spokesman Ernesto Abella said the Church should “pro-actively help government” in the second phase of our anti-illegal drug campaign, which is focused on the rehabilitation and treatment of drug dependents, which include the restoration of mental, spiritual and psycho- emotional health (Philippine Star, 17 October 2017, Article 294).

To facilitate the shift from killing to rehabilitation required a change in the mindset and a review of the essence of Project Tokhang, which was to value life.

#66: If we don't value life and we value money, we will just accept money from the drug lords," Dela Rosa said. (Philippine Daily Inquirer, 17 October 2017, Article 296).

General Dela Rosa, the Chief of the PNP, was reported to have stated Project Tokhang was intended to rehabilitate drug users and pushers. Whether the introduced approaches led to an improvement in addressing the nation’s problems on drugs and crime and ending the extrajudicial killings remains to be determined.

Trend of pro-government and non-government reporting Two to three months after the implementation of Project Tokhang, the pro-government newspapers began making statements about the need to improve the policy with 10 codes of statements recorded on 2 August 2016 and 13 codes on 7 September 2016. A peak was reached on 6 February 2017 at 33 codes, which coincided with the news articles that reported the response of the Catholic Bishops’ to the campaign against drugs. After this peak, the number of codes to improve the policies remained consistently low but increased to 10 codes in 17 October 2017, 11 codes both in 21 December 2017 and 29 May 2018 and 15 codes on 27 June 2018 (see Figure 4)

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Likewise, non-government newspapers began including statements to improve Project Tokhang, two to three months after its implementation with 17 numbers of codes both in 2 August 2016 and 7 September 2016. A trend showed an increase of 21 codes in 6 February 2017, which reflect the newspaper reports of the Catholic Bishops’ response to the government’s campaign on drugs. And a further rise to 50 codes was noted in 7 March 2017, which discussed the relaunching of a less bloody war of drug after it was temporarily suspended due to the unlawful killing of a Korean businessman during a drug operation. Another peak was reached at 54 codes in 20 August 2017 during the month when Kian Lloyd delos Santos was killed. After this month, the trend went down and up where the low number of codes ranged from 0 – 5 codes. Upward trends were noted at 23 codes in 17 October 2017, 25 codes in 26 January 2018 and 25 codes in 27 June 2018 (see Figure 4).

Improvements of Project Tokhang 60 50 40 30 20

Number Number of codes 10

0

4 Jul'164

8 Jan'17 8

9 Jun'179

6 Oct'166

7 Sep'16 7

6 Feb'176

3 Dec'163

2 Aug'162

15 15 Jul'17

26Jan'18

4 Nov'164 7 Mar'177

27Jun'18

24Feb'18

30Apr'18

25Mar'18

18 18 Sep'17

29May'18

21 21 Dec'17

12 12 Apr'17

17 17 Oct'17

20 20 Aug'17

22 22 Nov'17 11 11 May'17

Pro-Government Newspaper Improve Non-Government Newspaper Improve

Figure 4: Newspapers describe approaches to improve Project Tokhang. Number of codes for Improvements of Project Tokhang is in table 3, category D

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Category E: Project Tokhang as a Health Policy

Brief description of the category Periodically the issue of a health approach to illicit drug use was discussed and advocated. The descriptions are perceived as a call from the community to address drug use and addiction from a health perspective. This category included statements raising the inadequacy of drug policy in addressing the health issues in the addiction treatment. Measures are being suggested or implemented to address drug use from the health perspective that address the physical, mental, social and spiritual recovery.

Examples and descriptions of statements Lack of therapeutic framework for drug rehabilitation Pro-government and non-government newspapers reported on the need for rehabilitation of drug users in the early months of implementation of the new drug policy in July 2016 to November 2016. The newly commissioned Chief of the Department of Health (DOH), Secretary Rosell-Ubial, was reported to have expressed her commitment to support the Duterte government’s drug policy during her first official press briefing. However, she did not offer details of a health framework or how to address the nation’s drug problem because the department still had to formulate a therapeutic plan for drug rehabilitation. The plan, as limited as the details were provided, included designing community based rehabilitation.

Secretary Rosell-Ubial admitted that while there are no specific details of that framework right now, she is considering the upgrading and expansion of the facilities of the treatment and rehabilitation centers under the DOH, wherein they can begin to do the planning and strategies. She added that they are planning to design a community-based program wherein the patients can go instead of proceeding directly to a rehabilitation center (Philippines News Agency, 4 July 2016, Article 21).

The Dangerous Drug Board is a government agency that formulates policies and plans strategies for drug prevention and control of drug abuse ("Republic of the Philippines, Office of the President, Dangerous Drugs Board," n.d.). The chairman of the board, Felipe Rojas Jr., publicly acknowledged the lack of facilities and strategies to accommodate the growing number of drug users who surrendered and sought rehabilitation services in response to Project Tokhang.

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Currently, there are only 45 residential treatment and rehabilitation facilities in the country, 18 of which are government-owned while 27 are privately owned. There are only one government and two private outpatient centers. Rojas said he would suggest the establishment of a community-based treatment and care facilities (Philippines Star, 4 July 2016, Article 28).

The Duterte government did not have a working therapeutic framework ready to be implemented when it launched Project Tokhang in July 2016. Both heads of the Dangerous Drug Board acknowledged the need to expand rehabilitation centres and to establish a community-based therapeutic approach. It was suggested, in press reports, the government was in the process of formulating health strategies and legislation as it was in the process of implementing its drug policy.

Nationwide lack of a national drug policy The lack of a national health drug policy was reported and reflected in various regions, cities and communities in the Philippines.

GENERAL SANTOS - City Councilor Rosalita Nunez, author of the resolution, said the region currently has no drug treatment and rehabilitation center that is either run by the Department of Health or any local government unit (Philippines News Agency, 2 August 2016, Article 42).

Some regions supported the drug campaign saw the need to prioritize and fund the rehabilitation and reintegration of thousands of self-confessed drug users.

Governor Lilia Pineda said they have initially allotted a Php10-million fund for the anti-illegal drug campaign. However, she said the fund is not enough to complete the reformation, rehabilitation and reintegration of the 10,237 drug surrenderees ((Philippines News Agency, 2 August 2016, Article 56).

The lack of funds for rehabilitation was a problem and government officials of regions were reported to have devised various therapeutic approaches to cope with the increasing number of drug users who needed treatment.

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Department of Labor and Employment regional director Ana C. Dione has vowed to provide more livelihood programs to the drug surrenderees. Commission on Higher Education (CHED) regional director Caridad Abuan pledged to grant scholarship to the children of the drug abusers. The Department of Agriculture will fund projects that would give opportunities to the drug pushers and users such as the clean and green campaign. Department of Public Works and Highways vowed …there are forthcoming projects in the field of construction and assembling for this year (Philippines News Agency, 2 August 2016, Article 56)

Mabalacat City was reported to have planned to build its own rehabilitation centre. They channelled their own resources and existing skills training program as a way to save funds for rehabilitation.

Peace and Order Council … “have to give them a better future through the treatment, education and livelihood programs that will be made available at the Mabalacat Drug Rehab Center,' Morales said. 'He said the Technical Education and Skills Development Authority will provide skills training for the patients. We were able to save a lot of money because of this program, (Philippines News Agency, 2 August 2016, Article 51).

The tasks of the City’s Peace and Order Council was acknowledged to be disrupted by drug misuse and the associated crimes. And to achieve this goal, the Council prioritized the rehabilitation of drug users. Likewise, Iloilo City drew its funds from the Peace and Order fund to establish drop-in centres. These centres were more accessible to poor people who voluntarily surrendered but could not afford to be rehabilitated. Due to a lack of funds and the lack of rehabilitation centres, community drop-in centres were a workable alternative to meet the increasing demand for treatment from the thousands of drug users and pushers who were reported to want access to rehabilitation services.

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ILOILO CITY—Poor people hooked on drugs can take that first step toward recovery in “drop- in” centers to be created in communities here amid the shortage of facilities in Western Visayas (Philippine Daily Inquirer, 2 August 2016, Article 71).

Legislate affordable drug rehabilitation Meanwhile, lawmakers from the House of Representatives and the Senate were formulating legislation for affordable drug rehabilitation especially for the poor.

Ako Bicol Rep. Rodel Batocabe said that his proposed Accessible Drug Rehabilitation Treatment Act will create state-funded rehabilitation center in every legislative district, with services priced according to the earning capacity of the patient and his family (Philippines News Agency, 4 July 2016, Article 24).

Likewise, Senator filled a Senate Bill No 718 in response to the lack of rehabilitation centres to meet the increasing number of drug users seeking rehabilitation. The legislation included a proposal on how the government could fund rehabilitation services.

Senator Cynthia Villar has filed a bill establishing more rehabilitation centers and a socialized payment scheme that would make rehabilitation and treatment free for the indigent drug users. The bill also seeks to make rehabilitation expenses chargeable to the Philippine Health Insurance Corporation or PhilHealth (Philippines News Agency, 2 August 2016, Article 42).

Businessmen and DOH help in funding drug rehabilitation Two months after the implementation of Project Tokhang, an estimate of 700,000 drug users and sellers around the Philippines were reported to have surrendered and “volunteered” to undergo rehabilitation (Manila Bulletin, 7 September 2016, Article 83). To help in the government’s rehabilitation program, 13 business leaders agreed to fund the construction of various rehabilitation centres around the country.

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Secretary of the Department of Interior and Local Government and Cabinet Secretary Leoncio Evasco will soon enter into an agreement with 13 business leaders to further improve the newly organized integrated comprehensive drug rehabilitation program of the government,” Department of Interior and Local Government Undersecretary for Operations said. The said program covers the construction of two additional rehabilitation facilities in , one in the Visayas, and another one in Mindanao that can each accommodate at least 500 drug dependents. (Manila Bulletin, 7 September 2016, Article 83)

Meanwhile the DOH requested an increase in its budget to 3 billion pesos in 2017 for a rehabilitation program.

Ubial said part of the P3 billion would be used to improve the 13 DOH drug rehabilitation centers throughout the country. She added that a barangay-based drug rehabilitation program would also be funded (Philippine Star, 7 September 2016, Article 90).

Training of medical professionals The ongoing formulation of the nation’s rehabilitation program involved the improvement and building of rehabilitation centres and the launching of a Community-based rehabilitation programs nationwide. The DOH began to train medical professionals including doctors and social workers to equip them to treat and manage drug misuse and addiction.

In a health forum spearheaded by the Philippine College of Physicians… Dr. Alfonso Villaroman, special assistant to DOH Assistant Secretary Elmer G. Punzalan who heads matters pertaining to drug abuse and rehabilitation, said that the first batch of the participants in the training are doctors from the Local Government Units in the National Capital Region. According to him, the training program will also cover social workers (Philippines News Agency, 2 August 2016, Article 45).

Church proposed a rehabilitation plan in cooperation with the police In October 2016 the Catholic Church presented its rehabilitation plan in cooperation with the PNP. The Church defined its moral and spiritual role in the rehabilitation of drug users and sellers.

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Gutierrez said under this diocesan program, 'an illegal drug surrenderer will be 'Christified,' becomes effective agent of new integral evangelization and one who thinks like Christ, wills like Christ (Philippines News Agency, 6 October 2016, Article 105).

Limited capacity to rehabilitate drug users By November 2016, the PNP estimated there were 1 Million drug users and sellers who had surrendered and were prepared to undergo rehabilitation in response to Project Tokhang (Manila Bulletin, 4 November 2016, Article 135). However, it did not appear the Duterte government was equipped and ready to meet the increasing demand for drug rehabilitation.

Individual regions implemented local rehabilitation programs The national health drug policy was presented as an integrated and holistic approach.

The National Economic and Development Authority presented to a United Nations agency the Duterte administration's master plan to wipe out the illegal drug trade in the Philippines. Saying that drug dependency is considered a health issue, Edillon said the Department of the Interior and Local Government is convening various government agencies, non-government organizations, and faith-based groups to address the problem by focusing on three pillars. These are: Identification and Classification of Drug Dependents to be led by the Department of Health, Community-based Rehabilitation to be led by the Ugnayan ng Barangay at Simbahan NGO, and Aftercare Reintegration and Transformation Support for Recovering Drug Dependents (Manila Bulletin, 4 November 2016, Article 135).

The actual rehabilitation programs reported by pro-government and non-government newspapers showed various agencies and communities who implemented programs believed to be suitable in their respective areas. Each program focused on a specific aspect of drug rehabilitation instead of applying a holistic approach.

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Davao City …30 drug personalities who had earlier surrendered to authorities… recently graduated from a course on community emergency response training (CERT), under a reformation plan by the PNP's 11th Regional Public Safety Battalion called Disaster Action Team (Manila Bulletin, 4 November, Article 136).

Another program provided a 30-day treatment and rehabilitation program in a police camp run by the regional PNP in coordination with the city’s Pathway to Recovery Foundation.

Randy is among 48 drug users and pushers who completed a 30-day treatment and rehabilitation program for drug dependents at the police camp. The program is being implemented by the regional PNP in partnership with CDO Pathway to Recovery Foundation Inc., a Cagayan de Oro City-based nongovernment organization (Philippine Daily Inquirer, 4 November 2016, Article 138).

In another region, the DOH conducted a 2-day workshop on dealing with cravings and preventing relapse.

The DOH ' MIMAROPA said Saturday it conducted a two-day 'Drug Abuse Treatment Seminar Workshop last Nov. 30-Dec. 1, 2016 in Odiongan, Romblon. 'This is a pilot program designed to enable a drug surrenderer and his/her family to handle the craving for drug and prevent relapse,' said Regional Director Eduardo C. Janairo. The pilot program targeted 20 participants, 1 drug surrenderer and 1 from his/her family. (Philippines News Agency, 3 December 2016, Article 145).

In another region, the local police were involved in the rehabilitation program by focusing on livelihood projects and community projects.

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Samar, the local police here have been actively engaging the 165 drug surrenderees in livelihood activities and community service projects. Casuda members have been engaged in vegetable farming and tilapia raising. The group earns PHP 3,000 every harvest this year for eggplant alone. The local government allows the group to manage and maintain the pay toilet at the town's public market. The group has been earning at least PHP400 daily. Monta'o said they have been developing a sauce made out of vinegar as an addition to the existing livelihood of Casuda members. Some of the surrenderees are hired by the local government as traffic enforcers while others have been paid as skilled laborers (Philippines News Agency, 12 April 2017, Article 214).

Job readiness and employment were other approaches used as a form of rehabilitation.

ILOILO CITY, Data from Public Employment Service Office disclosed that 11 applicants from the first job fair are now employed while 13 more were hired-on-the-spot during the second round of the activity. After the three-month mandatory rehab, they could find a job or they may enrol in a vocational- technical courses that are available at the Technical Institute of Iloilo City (Philippines News Agency, 12 April 2017, Article 211).

From these examples reported in the newspapers it appears rehabilitation programs were not based on evidence of programs which had worked in other contexts.

Rehabilitation program of the Church The Catholic Church offered a parish based rehabilitation, “Sanlakbay Program” run by Caritas Manila, which is a Restorative Justice Ministry of the Church. The Church partnered with Fazenda da Esperanza (Farm of Hope), developing a TC with a holistic addiction treatment approach (Philippines News Agency, 8 January 2017, Article 158). This treatment included medical assistance, legal support; work at the farm, livelihood training, Bible education and spiritual formation. The reformed drug users who graduated from the program gathered to celebrate and testify to a changed life away from drugs.

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Cardinal Tagle will celebrate a DAY OF HOPE with a mass at 10:00 am at Manila Cathedral…there will be sharing of experiences of graduates of Fazenda da Esperanca. It is a way of saying that life is precious, God given and should not be taken for granted (Philippine Daily Inquirer, 8 January 2017, Article 166).

Another parish implemented community-based rehabilitation program. A significant feature of its program was the safety of the participants in the context of the risk of being killed.

Where many drug surrenderers in other areas still end up dead afterwards, those participating in the San Roque program appear to have won some assurance of safety. “Commanders at the nearby Santa Cruz police station, who often stopped by the parish hall to check on the sessions, had given the assurance that the police would lay off the surrenderers once they complete the program,” said the report (Philippines Daily Inquirer, 7 March 2017, Article 205).

Only a handful received rehabilitation The various programs which were implemented provide rehabilitation for around 20 to 165 of recovering drug users and sellers for each program. The Duterte government was severely limited in its capacity to address the high demand for community-based rehabilitation.

Department of Interior and Local Government officer-in-charge said that a big portion of drug surrenderers require community-based rehabilitation. According to him, there are more than 65,000 individuals currently undergoing rehabilitation (Philippines News Agency, 9 June 2017, Article 238).

The 65,000 individuals undergoing community rehabilitation reported by the Department of Interior and Local Government is a small fraction of the estimated 1 million drug users and sellers who surrendered. The PDEA provided information regarding those severely addicted who were admitted into rehabilitation centres.

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In a press conference held at the Philippine Drug Enforcement Agency office in Quezon City, Diez …told PNA that from July 2016 to May 2017, the DOH has recorded a total of 2,041 severe cases admitted in the centers, 1,263 are already well. The others, she said, were those who opted to drop out, those who were referred to mental hospitals, and others have died (Philippines News Agency, 9 June 2017, Article 238).

While initiatives led to the rehabilitation of a few thousand, little is known about the majority of drug users and pushers who surrendered and were seeking access to rehabilitation services.

Need for a community based rehabilitation program is emphasized Details of the experiences of the hundreds of thousands who surrendered were not reported in any of the press available to this study. The Duterte government continued to expand its capacity and opened a 10,000 bed capacity treatment and rehabilitation centre.

…Office of the Court Administrator hereby enjoins all concerned judges to refer, as far as practicable, drug users and dependents to the Mega Drug Treatment and Rehabilitation in Fort Magsaysay, Nueva Ecija,' the circular said signed by Court Administrator Jose Midas Marquez dated June 6, 2017. The Operation of the DATRC started last November and the facility has around 10,000 bed facilities (Philippines News Agency, 9 June 2017, Article 240).

The chairman of the Dangerous Drugs Board, Dionisio Santiago, who supported the Duterte government’s drug policy, assessed the construction of the mega rehabilitation centre as a mistake and recommended smaller community based programs.

He was just four months into his job as Dangerous Drugs Board chief when Duterte told him to resign over his comment that the construction of a mega-drug rehabilitation facility in Nueva Ecija was a mistake and the money should have been used to fund smaller community-based programs for drug dependents (Philippine Star, 22 November 2017, Article 306).

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Government reformation program lead by police In March 2018, the Duterte government was reported to have adopted a holistic approach to addressing the nation’s drug problems. The Philippine Drug Enforcement Agency (PDEA) was commissioned to implement a community-based rehabilitation program, Balay Silangan Program.

Philippine Drug Enforcement Agency has conducted an orientation on the Balay Silangan

Program for key officers from various services and regional offices (Philippines News

Agency, 25 March 2018, Article 341).

The Director General of the PDEA, Aaron N. Aquino, expressed his overview and strategy of the program, which required the establishment of municipal reformation centres nationwide. The centres were to be located and conducted in the camps / bases of the PNP or Armed Forces of the Philippine. Guidelines were provided and the reformation of drug users and pushers involved the promotion of physical and psychological health, spiritual and moral formation, livelihood and employment opportunities, and social reintegration.

"Balay Silangan is to rebuild lives. We will give our assurance that hope will be realized if they show the sincerity and commitment to change." To ensure that people undergoing the program will remain until its completion, all drug reformation facilities must be located in either PNP or AFP camps/bases and will be manned accordingly (Philippine News Agency, 25 March 2018, Article 341).

Trend in pro-government and non-government reporting The pro-government and non-government newspapers all reported the government was not prepared to address the nation’s drug problem from a health perspective. After the initial publication of stories in the mid-2016, there is very little evidence health issues associated with the use of illicit drugs were discussed or considered (See Figure 5). Pro- government newspapers reported health issues early in the implementation of Project Tokhang with 24 codes in 4 July 2016. A peak was reached with 71 codes in 2 August 2016. This peak was followed by a decline for the rest of 2016 with 25 codes in 6 October 2016, 30 codes in 4 November 2016 and 13 codes in 3 December 2016. An observation of the trend from 8 January 2017 to 27 June 2018 showed peaks at 22 codes in 12 April 2017, 42 codes in 9 June 2017 and 17 codes in 21 December 2017. Apart from these months,

80 the reporting of drug related health issues were low with some months having zero codes suggesting little discussion of health issues associated with illicit drugs (see Figure 5).

Figure 5: Newspapers describe Project Tokhang from a health perspective. Number of codes for Project Tokhang as a health policy is in table 3, category E

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Category F: Descriptions of Project Tokhang

Brief description of the category This category includes descriptions of the policy, stating facts, statistics without interpretations, and providing reports on the policy, but which do not endorse nor criticize the policy. The statements include information on the drug problem in the Philippines, guidelines involved in the implementation of Project Tokhang, statistics measuring the outcomes and surveys of community responses to the drug policy.

Examples and descriptions of statements General descriptions Various statements provided information describing the drug problem as extensive. Affected regions include Luzon, Visayas and Mindanao, which is the entire Philippines.

PNP chief Director General Ronald de la Rosa said the use and sale of illegal drugs is rampant... “We have drug problem in almost all the regions,” he said (Philippine Star, 4 July 2016, Article 29).

Newspapers described on how local communities were affected by drug problems. An example is a report from the regional police chief of Eastern Visayas where 56.36 % of 4390 local communities were reported to be affected by drug problems.

Chief Superintendent Elmer Beltajar, regional police chief, said 2,474 of 4,390 barangays in the region are affected with illegal drug (Philippine Star, 8 January 2017, Article 165).

The Philippines had a total population of 100,981,437 based on the 2015 Census of Population (Philippine Statistics Authority, 2017). The estimated number of drug personalities is 1.8 million in 2015, which is around 1.8 % of the entire population.

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…the Chief PNP said adding that the Philippine Drug Enforcement Agency reported some 1.8 million drug personalities in the country (Philippines News Agency, 2 August 2016, Article 50). The Dangerous Drugs Board estimated drug users to be around 1.8 million in 2015 (Philippines News Agency, 3 December 2016, Article 145).

Based on the illegal drugs seized by law enforcement agents, the main illegal drug used is methamphetamine hydrochloride, locally known as “shabu” and the other major drug of concern is marijuana.

…total of 2,340.74 kilos of methamphetamine hydrochloride, also known as "shabu", with an estimated value of PHP12.19 billion were seized (Philippines News Agency, 9 June 2017, Article 235). The NIR police said 2.25 kilos of shabu and 101.7 grams of dried marijuana leaves with an estimated street value of P22.5 million were recovered from the suspects (Philippine Star, 8 January 2017, Article 165).

General description of drug users

Drug users are described in general terms for the purpose of treatment as: “experimenter, occasional user, drug dependent and heavy compulsive or those who should be brought to mental hospitals” (Manila Times, 7 September 2016, Article 101). Drug users are identified as coming from lower socioeconomic groups. A historical account in one newspaper provides a brief description of how the ruling classes have controlled the lower socioeconomic groups through drug misuse.

“Historically, the colonizers and ruling classes have deliberately encouraged the propagation of drugs as a means of desensitizing the oppressed and exploited masses. Drug abuse numbs them of the acute effects of poverty, hunger and state violence. Drug abuse disunites the people and prevents them from effectively carrying out revolutionary struggle,” (Manila Standard, 4 July 2016, Article 35).

Description of Project Tokhang

Various statements described Project Tokhang by explaining the meaning of the terms. “Tokhang” is a combination of ‘toktok’ (knock) and ‘hangyo’ (request), wherein policemen visit the houses of

83 drug suspects and requesting them to surrender their drug misuse and illegal activities (Philippines News Agency, 2 August 2016, Article 40). There appears to be two approaches describing how the police interact with drug users and pusher when they knock at their houses. The first is the soft approach and involves requesting drug users and pushers to surrender and be rehabilitated. The second approach is threatening, where drug users and pushers could face the consequences of the law should they refuse to surrender.

The project involves visiting houses of suspected drug offenders to convince them to change their ways or face the full force of the law (Philippine Star, 7 March 2017, Article 203).

Newspaper reports of the five stages in the implementation of Project Tokhang identify: 1) collection and validation of information, 2) coordination state, 3) house to house visitation, 4) processing and documentation and 5)monitoring and evaluation stage (Philippines News Agency, 2 August 2016, Article 40). An example reported in one news article describes how Project Tokhang was implemented and this was followed by a consideration of the outcome.

Under 'Oplan Tokhang', station commanders will ask barangay captains to submit a list of residents who are into illegal drugs, whether these pushers, dealers, users and couriers. The police intelligence unit will then verify the report and check if these persons are indeed involved in drugs as there are instances where barangay captains themselves are behind the illegal drug trade while some list down names of their rivals. During the said period, the PNP have knocked 223,847 houses of suspected drug personalities that resulted to the surrender of 565,806 drug suspects, implementation of 427 search warrants and arrest of another 5,418 suspects. In addition, PNP said 402 suspects were killed in various anti-drug operations (Philippine News Agency, 2 August 2016, Article 47).

Statistics on outcomes of Project Tokhang Pro-government and non-government newspapers gathered and reported statistics on the number of house visitations, how many persons surrendered, number of police drug operations and how many persons were arrested and killed including drug suspects and law enforcers as shown in table 4.

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Table 4: Outcome of Project Tokhang

Date News Number Number of Number of Drug Drug suspects Policemen Article of Drug Police Suspects Killed Number House suspects who operations Arrested Visitations surrendered

Aug 59 545,589 409 5,251 395 2016 Sept 99 709,866 687,953 15,905 15,193 1,033 (killed) 2016 1,405 (deaths under investigation)

Oct 115 2,294 (deaths 2016 under investigation) Oct 127 733,635 22,712 1,381 (killed) 13 police 2016 (52,940 drug (killed) pushers) 3 soldiers 680,695 drug (killed) users) 39 police (wounded) 8 soldiers (wounded) Jan 157 6,000,000 1,020,904 41,900 44,312 2,208 (killed) 35 police 2017 (75,481 drug (killed) pushers) 8 soldiers 945,000 drug (killed) users) 77 police (wounded)

June 235 1,304,795 61,592 82,607 3,116 (killed) 47 law 2017 119 elected enforcers officials (killed) 23 132 uniformed (wounded) personnel 138 gov employees Oct 314 1,262,188 71,578 112,086 3933 (killed) 83 police 2017 (killed) 238 (wounded) Feb 331 4,021 (killed) 2018

Source of data are from News Articles: (Philippine Star, 2 August 2016, Article 59), (Philippine Daily Inquirer, 7 September 2016, Article 99), (Philippines News Agency, 6 October 2016, Article 115), (Manila Standard, 6 October 2016, Article 127), (Philippines News Agency, 8 January 2017, Article 157),(Philippines News Agency, 9 June 2017, Article 235), (Manila Bulletin, 21 December 2017, Article 314), (Philippine Star, 24 February 2018, Article 331).

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These statistics gathered from news reports are available from August 2016 to October 2017. There was a progressive increase in house visitations at 709,866 recorded in September 2016 and by January 2017 an estimate of 6,000,000 house visitations had been conducted. Through house visitations the number of those who surrendered increased from 545,589 in August 2016 and reached a peak recorded totalling, 1,304,795 in June 2017. The number of police operations considered by the government as legitimate increased from 409 in August 2016 to a total of 112,086 by October 2017. Police operations resulted in the arrest of 5,251 drug suspects in August 2016 up to 112,086 in October 2017.

Police drug operations led to an increasing number of drug suspects being killed. In August 2016, 395 drug suspects were reported killed. While the number of killings was increasing, the number of total number of drug related deaths under investigation increased from 1405 in September 2016 to 2294 deaths in October 2016. By October 2017 a total of 3933 drug suspects were reported killed. The number of police killed increased from 13 in October 2016 to a total of 83 in October 2017.

Catholic Church reported 7000 drug suspects killed In February 2017 during the Catholic Bishops’ Conference in the Philippines, the Bishops released their own information concerning the number of drug suspects who were killed since the implementation of Project Tokhang in July 2016.

“Catholic Bishop’s Conference of the Philippines president Lingayen-Dagupan Archbishop Socrates Villegas said in his most strongly worded comments so far on Duterte’s crackdown on pushers and users, which has killed more than 7,000 drug suspects since July 2016 (Manila Standard, 6 February 2017, Article 191).

They reported 7000 drug suspects had been killed. The Catholic Church did not provide a source for their estimates of suspects killed, and the marked increase in the number could reflect their concern and condemnation of the number of killings that accompanied the implementation of Project Tokhang.

There are discrepancies between the statistics provided by the Church compared to the PNP who provided the statistics from August 2016 to January 2017. The Duterte Government through the PDEA created the “#RealNumbers” year 1, which was task to provide government information regarding drug related statistics and an update was released in June 2017 (Philippines News Agency, 9 June 2017, Article 235).

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Intended bloodless campaign but killings continued in 2018 In December 2017, the PNP resumed its role assisting the PDEA in addressing illegal drugs. The aim was to carry out a bloodless Project Tokhang. The results suggested a change in the practice with the house visitations conducted leading to the surrender of 2,489 drug users and pushers with no bloodshed for three weeks from 29 January 2018 – 22 February 2018.

According to PNP spokesperson Chief Supt. John Bulalacao the number of drug surrenderers continues to rise because of "Oplan Tokhang (knock and plead)."He said that in the Jan. 29-Feb. 22 period, there had been 2,489 drug surrenderers nationwide with Northern Mindanao posting the highest number, followed by Metro Manila. Project Tokhang house visits (have) been uneventful and bloodless until the third week of implementation," Bulalacao said (Philippine Daily Inquirer, 24 February 2018, Article 335).

However statistics showed a continuing rise of the killing of drug suspects through police drug operations.

MANILA, Philippines — Twenty-three more drug suspects were killed in anti-drug operations nationwide last week, the Philippine National Police said yesterday. The figure brought to 88 the total number of fatalities since the PNP resumed its war on illegal drugs in December. Chief Supt. John Bulalacao said the latest fatalities were results of legitimate armed encounters between policemen and the suspects from Feb. 15 to 22. Meanwhile, a total of 8,773 suspected drug pushers and users were arrested in 5,636 police operations since Dec. 5 (Philippine Star, 24 February 2018, Article 331).

There were 88 more deaths after Project Tokhang was resumed in December 2017. By February 2018, the number of drug suspects who were killed during law enforcement operations were acknowledged to have increased to a total of 4,021.

Reports of outcomes on crimes A decrease in crime was one of the goals of the Duterte government when it implemented its drug policy. The crime rates in Quezon City were reported one month after launching the drug policy.

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An official said yesterday…the number of crimes recorded in Quezon City dropped to 504 compared to 905 cases recorded in the same month last year. Police said homicide and car theft cases declined by 25 and 90 percent, respectively. Eleazar said the QCPD recorded only four carjacking cases last month compared to 40 cases in July last year. Robbery cases also went down by 47 percent, theft by 39 percent and physical injury by 47 percent, police said. However, murder cases related to drugs increased from 20 last year to 31 this year. A separate count showed that 32 drug suspects have been killed in police operations (Philippine Star, 2 August 2016, Article 61).

Initial findings appeared promising with a decrease in overall crimes. However the data does not show whether the crimes are associated with drug use. Moreover, the data shows murder cases related to drugs have increased. Based on the newspaper report, it is too early to judge how the drug policy affected the overall crime rates.

One newspaper provided a statement from Senator Cayetano who compared the national crime rates between two periods from January-October 2016 to January-October 2017. The drug policy was launched in July 2016 and the report suggests there has been a decrease in the national crime rates after over a year of the implementation of Project Tokhang.

He noted there is an 8.44 percent decline in crime volume from January to October 2016 to January to October 2017 and a 20.56 decrease in index crime during the same period (Philippines News Agency, 26 January 2018, Article 322).

Surveys of community responses to the national drug policy Surveys were reported which provided information on how the community responded to the Duterte government’s drug policy. A nationwide survey was reported in October 2017. The high percentage (88%) of respondents who supported the Duterte government’s drug policy across geographic areas and socioeconomic groupings indicates the communities’ desire to address the nation’s drug problem (Manila Bulletin, 17 October 2017, Article 291, Philippine Star, 17 October, Article 294). In the same nationwide survey where there was an 88 % support of the drug policy, 73 % of the same respondents believed extrajudicial killings were occurring (Manila Bulletin, 17 October 2017, Article 291, Philippine Star, 17 October, Article 294).

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The disapproval of the extrajudicial killings is reflected in a decline in the satisfaction rating of President Duterte as shown in the Social Weather Stations (SWS) survey (Philippines Star, 17 October 2017, Article 294).

Trend in pro-government and non-government newspaper reporting Statements described and provided statistics on the Duterte government’s drug policy were observed throughout the periods of study from July 2016 to June 2018. There was a peak of 30 instances from non-government newspapers in August 2017, which reflect the descriptions made about the killing of Kian delos Santos. A peak was noted at 29 codes in the pro-government newspapers and 30 codes and non-government newspapers in October 2017 (see Figure 6). These increases reflect the statistics from the national surveys conducted by Pulse Asia and the Social Weather Stations (SWS), both public opinion polling bodies in the Philippines.

Figure 6: Statements and Statistics Describing Project Tokhang. Number of codes for Descriptions of Project Tokhang is in table 3, category F

Summary This study tracks Project Tokhang over the first two years of implementation using pro-government and non-government newspapers reports of this policy. Table 5 shows the number and percentage of statements for each category and are presented for every six months.

Based on the total number of statements, there was a declining number of newspaper reports discussing Project Tokhang by both pro-government and non-government newspapers. 89

For pro-government newspapers endorsement of the policy was common in the first six months. The percentage of statements which endorsed the policy decreased in 2017, but increased again in 2018. By contrast over the two year period, there were an increasing percentage of statements associating drugs and crime, which suggest newspaper reports were linking drugs with crime.

Table 5: Number and percentage of statements per category for every six months from July 2016 – June 2018

Pro-government Newspapers Date Endorse Crime Critical Improve Health Description TOTAL July- 283 74 34 42 174 38 645 Dec’16 (43.9%) (11.5%) (5.3%) (6.5%) (27.0%) (5.9%) (100%) Jan- 46 43 71 46 82 33 321 June’17 (14.3%) (13.4%) (22.1%) (14.3%) (25.5%) (10.3%) (100%) July- 35 38 34 47 24 38 216 Dec’17 (16.2%) (17.6%) (15.7%) (21.8%) (11.1%) (17.6%) (100%) Jan- 91 54 13 41 19 11 229 June’18 (39.7%) (23.6%) (5.7%) (17.9) (8.3%) (4.8%) (100%) TOTAL 455 209 152 176 299 120 1411 Non-government Newspapers Date Endorse Crime Critical Improve Health Description TOTAL July- 118 79 295 42 74 64 672 Dec’16 (17.6%) (11.8%) (43.9%) (6.3%) (11.0%) (9.5%) (100%) Jan- 49 36 197 82 32 27 423 June’17 (11.6%) (8.5%) (46.6%) (19.4%) (7.6%) (6.4%) (100%) July- 52 56 286 91 17 69 571 Dec’17 (9.1%) (9.8%) (50.1%) (15.9%) (3.0%) (12.1%) (100%) Jan- 58 51 24 58 0 20 211 June’18 (27.5%) (24.2%) (11.4%) (27.5%) (0%) (9.5%) (100%) TOTAL 277 222 802 273 123 180 1877

Pro-government newspapers had relatively few statements and stories critical of the policy over the two year period of the study. There was a substantial number of statements by pro-government newspapers linking drug use and health issues at the start of the implementation of Project Tokhang,

90 but the number of statements on this topic declined steeply over time. There was an increase in the percentage of statements in pro-government newspapers which focused on what could be done to improve the policy.

For non-government newspapers, the most common statements were critical of Project Tokhang at the beginning of its implementation in July 2016. Critical statements increased through to December 2018. Non-government newspapers had statements of endorsement of Project Tokhang but to a lesser extent compared to pro-government newspapers. In non-government newspapers, the percentage of statements endorsing Project Tokhang decreased in 2017 but increased again in 2018. Overall, the number of statements critical of the policy was far greater than the number endorsing the policy (at a ratio of nearly 3:1)

Non-government newspapers had a relatively low percentage of statements associating drugs use with crime, although this percentage increased in 2018. There was a low percentage of statements on how the policy could be improved at the start of the policy, but the percentage of these statements increased throughout 2017 and 2018. Non-government newspapers had a low percentage of statements reporting on drugs as a health issue. This percentage continued to decrease in 2017 and there was no reporting of drugs as a health issue in 2018 in these newspapers.

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CHAPTER 5 - DISCUSSION This chapter is in two sections. The first section addresses the core research objectives to determine 1) what we can learn from Project Tokhang from news reports describing its implementation and 2) how the pro-government newspapers differed from non-government newspapers in the reporting of the various themes. The analysis of the contents of the news reports focuses on the 6 key themes: a) Endorsement of Project Tokhang, b) Drug misuse and crime, c) Critical of Project Tokhang, d) Improvements, e) Project Tokhang as a health policy, and f) Descriptions of Project Tokhang. Findings from the newspaper reports on descriptions will be incorporated to the above themes where they apply.

The second half of the chapter is a discussion of the use of extreme punitive drug policy e.g. the threat of summary execution in addressing drug misuse. The theory of deterrence of the death sentence is discussed followed by its application to Project Tokhang showing the lack of evidence of using death threats in deterring individuals from drug misuse and criminal activity. This is followed by a discussion of alternative polices that address drug misuse from a health perspective such as in Portugal and the Asian context.

Section 1: Key themes

Endorsement of Project Tokhang

The approach of police knocking at the doors of drug users and pushers was portrayed as an effective way of persuading them to surrender to the authorities. In 2015, the PDEA and Dangerous Drug Board estimated the number of drug users at 1.8 million. On 1 July 2016 Project Tokhang was implemented and by 8 January 2017, 1,020,904 drug suspects were reported to have surrendered and by 6 June 2017, 1,304,795 were reported to have surrendered, which is calculated to represents about 73% of the estimated drug users in the country.

The surrendering of 73% of drug users and pushers through Project Tokhang, if this report is accurate, could be considered one measure of success. Newspaper accounts described many factors may have contributed to a high turnout of drug users and pushers who surrendered. Project Tokhang was an extensive drug campaign that occurred simultaneously in various regions throughout the entire nation. Newspapers included stories from various provinces, cities and regions in the entire country on the implementation and outcomes of Project Tokhang. Statements attributed to the Chief of the PNP described how the full force of the PNP was deployed to implement the policy in cooperation with the local government, local communities, drug enforcement units and 92 agencies as well as some local churches. Newspapers reported Project Tokhang as a massive drug campaign and regional and national statistics of the number of those who surrendered were released regularly, especially during the first 6 months of its implementation.

The high surrender rate of 73% could be attributed to a number of factors that impacted drug users and pushers. Newspapers described that while some drug users and pushers surrendered voluntarily, others were compelled to surrender. Pro-government newspapers tended to report those who surrendered voluntarily were believed to respond positively to the request or persuasion of the police. The implementation of Project Tokhang included the risk of being killed when refusing to surrender. Arguably to surrender voluntarily means to freely yield oneself without coercion or threat to one’s life. In the case of Project Tokhang, it is difficult to separate the role of the threat of being killed from surrendering voluntarily. Arguably it is not possible to surrender “voluntarily” when there is a realistic threat of being killed if one does not surrender.

Some newspapers reported there were those who gladly surrendered. The different descriptions of how drug users and pushers voluntarily surrendered must be interpreted in the context of President Duterte’s rhetoric to kill drug suspects.

On the other hand, there are newspaper accounts of drug users and pushers who felt threatened and feared losing their lives, which then compelled them to surrender. Police with guns were the front personnel in the house visitations to persuade drug suspects to surrender. This suggests police were both persuading and compelling drug suspects to surrender. President Duterte’s rhetoric to kill resistant drug suspects likely played a role in compelling some to surrender. The threat to kill in order to compel drug users and pushers to surrender is one of the defining characteristics of Project Tokhang.

It is not possible to know the number of drug users and pushers who surrendered voluntarily compared to those who were compelled to surrender. This limitation makes it difficult to assess to what extent, Duterte’s rhetoric to shoot resistant drug suspects influenced drug user and pushers to surrender. There is a need to determine whether compelling drug users, through the perceived risk of being killed, has influenced their behaviour to seek treatment or to stop their drug related illegal activities.

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Another area of research would be to determine from those who have surrendered whether house visitation could be sufficient for drug users to seek treatment and surrender their drug related illegal activities, without the threat of being killed.

INFLUENCE OF THE NEWSPAPERS’ POLITICAL AFFILIATION

The Duterte government stated they aimed to eradicate drugs and crime in six months, although President Duterte later revised his goal to reduce drugs and crime during his presidential term. The accomplishment of this goal arguably defines the credibility and presidency of Duterte. In line with Duterte’s aim, pro-government newspapers described Project Tokhang as an effective approach in persuading drug users and pushers to surrender their drug misuse and illegal drug activities. After surrendering there was an expectation by the Duterte government would eventually lead to a decrease in the nations’ problems with drugs and crime

In contrast non-government newspapers argued the mere act of drug users and pushers surrendering was a simplistic evaluation of the efficacy of the policy in addressing the drug problem of the nation. Other measures were essential in following up the outcomes of drug users and pushers that had surrendered. This includes the provision for rehabilitation and an effective follow-up plan to prevent relapse into drug use and illegal drug activities. Critical statements about the lack of a national rehabilitation program and a plan concerning how to follow-up those who surrendered were common in non-government newspapers.

Statistics provided by the Department of Interior and Local Government suggested a large percentage of those who surrendered required community-based rehabilitation and in June 2017, about 65,000 individuals were currently receiving community rehabilitation. This represents an estimated 5% of the 1,300,000 who surrendered in June 2017. Moreover, according to the PDEA from July 2016 – May 2017, 2,041 of severe addiction cases were admitted in rehabilitation centres of which 1,263 were reported to have recovered.

There is insufficient data provided in the newspapers regarding the outcomes for the over a million drug users and pushers who had surrendered, particularly the large majority who did not receive any form of addiction treatment. No information was provided regarding follow-up plans and relapse rates among those who had surrendered and listed their names with the authorities. One of the challenges of addiction treatment is bringing and keeping drug users to remain in treatment. The

94 steps to reduce drug use in the medium to longer term is a challenge not yet addressed in the context of Project Tokhang.

Drug misuse and crime A common perspective in the newspapers was the link between drugs and crime. Newspapers reported how drug use was closely linked to crimes and suggested that by eliminating drugs and drug misuse; drug related crimes could be eliminated. One of the main stated goals of Project Tokhang was to eradicate drug misuse and the associated crimes.

Drug use and associated activities are crimes Newspaper accounts frequently described drug users and pushers as criminals. Newspaper accounts of police drug operations frequently described drug suspects as people armed with guns, who would initiate gunfights and shoot policemen to avoid being arrested. Other accounts referred to drug users who engaged in crimes in the community as a result of their addiction problems. These accounts described drug users as scum or a nuisance who disrupted the peace and order in the communities. Because of the broad portrayal of drug users and pushers as criminals, Project Tokhang was presented as a policy on eradicating drugs and crime. Project Tokhang was reported to be pursuing a higher goal of upholding the peace and order of the community and protecting the general community from the criminal activities of drug users and pushers.

Legal approaches to addressing drugs and crime Project Tokhang implemented two approaches described as legal ways of addressing drugs. These approaches included a) the issuing of warrants of arrest and b) buy bust operations. The implementations of these approaches were reported by the newspapers as consistent with the law and the guidelines of government drug policy. It was lawful to arrest a drug suspect when there was evidence of drug use and possession. One way described as a means of gaining evidence was through the cooperation of community members who provided information identifying possible drug user and pushers. Newspapers reported communities had drug lists believed to have been verified by authorities. It is not known how this verification was obtained or whether those on the drug lists were, in fact, either drug users or pushers.

For the buy bust operations, newspapers reported evidence that drug transactions took place before arresting a drug user or pusher. Newspapers reported the finding of drugs and drug money constituted evidence the person arrested had engaged in an illegal activity. Both pro-government and non-government newspapers endorsed Project Tokhang as a policy that implemented legal 95 ways to address drugs and crime. Overall, the newspapers agreed a way to address these problems is through criminal law.

The lawful implementation of issuing warrants of arrest and buy bust operations continued throughout the two years of observation in the present study. Statistics of the number of those who were arrested as a result of the implementation of Project Tokhang were reported on a regular basis.

Community response to drugs and crime While there were debates on the legitimacy, and morality of the killings and the interpretation of results of the government drug policy, a common agreement was the acknowledgement of the nation’s problems in the area of drugs and crime and the need to address them. Human rights advocates, including the Commission of Human Rights and Amnesty International, were reported to have identified drugs and crime as a national issue but stressed the importance of upholding the human rights of drug users and pushers. Newspapers reported statements of government officials representing opposing political parties who agreed to work towards solving the drugs and crime problems of their respective jurisdictions. There was a common call to address the problem on drugs and crime in a lawful manner.

INFLUENCE OF THE NEWSPAPERS’ POLITICAL AFFILIATION

Differences in what is considered as lawful Pro government newspapers frequently noted Project Tokhang was implemented in a lawful manner. For example, the issuing and implementing of warrants of arrest to drug users and pushers and buy bust operations were described as being sanctioned by the government. Moreover, the stories these newspapers reported were consistent with the guidelines of Project Tokhang. Through these methods of reporting, pro-government newspapers pointed to the government’s consistency in the planning and implementation of its drug policy.

By contrast, while non-government newspapers acknowledged the need to address drugs and crime through legal means they more often reported incidents where the implementation of Project Tokhang was not consistent with the law.

For example a non- government article reported a petition before the Supreme Court by survivors and families of those who had been killed in the implementation of Project Tokhang (Philippine Daily Inquirer, 22 November 2017, Article 309). Statements made by Associate Justice Marvic 96

Leonen were reported in which he pointed out how the implementation of Project Tokhang may have violated the law and the rights of drug suspects. It was noted a drug suspect who refuses to open the door to policemen is under a threat. When the police enter the house, the drug suspect is subject to custodial investigation without the assistance of a lawyer. The drug suspect may then be threatened and coerced which could be considered as torture. The drug suspects’ rights against self- incrimination may be violated.

It was reported further that Associate Justice Marvic Leonen raised the possibility the constitution was violated by the way the guidelines for the implementation of Project Tokhang were perceived (Philippine Daily Inquirer, 22 November 2017, Article 309). In response, Jose Manuel Diokno, a human rights lawyer and chairman of the Free Legal Assistance Group who represented the petitioners, raised a point that the supposedly unlawful action of the policemen in the implementation of Project Tokhang were allowed as specified in the issuance of PNP Command Memorandum Circular No. 16--2016 and the Department of Interior and Local Government Memorandum Circular No. 2017-112. These circulars provided the guidelines in the implementation of Project Tokhang. The statements of Justice Leonen and Attorney Diokno suggest these guidelines may not be consistent with the law (Philippine Daily Inquirer, 22 November 2017, Article 309).

Non-government newspaper reported a concern raised by Jose Manuel Diokno, that law enforcers and policemen could abuse the buy bust operation (Manila Times, 15 July 2017, Article 258). Police could claim the drug suspect resisted arrest, initiate a gunfight and shoot back in self- defence. These incidents were not investigated and there were no means of verifying the claims of the police. Furthermore, there were other reports police had forced their way into houses of drug suspects without warrants.

In 2018, the Presidential spokesman stated the Duterte government remains relentless in pursuing the war on drugs while promising to uphold the law (Philippines News Agency, 29 May 2018, Article 359). But the interpretation of what is involved in upholding the law is ambiguous. From a government perspective, upholding the law could mean the police who are engaged in drug operations may still be permitted to shoot drug users and pushers who resist what is defined as a legitimate drug operation.

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Differences in reporting the outcomes of crimes Pro-government newspapers informed readers that government policy was achieving intended results by providing statistics crime rates were decreasing. For example a report provided by Senator Cayetano stated the national crime rates had declined after a year of the implementation of the government policy. This report involved assumptions the decrease of crime rates resulted from the surrender and arrests of drug users and pushers. However the statistics reported did not explicitly link the decrease in crime rates to drug related behaviours.

On the other hand, non-government newspapers were critical of the government’s claim the nation’s crime rates had decreased through the implementation of the drug policy. Instead non-government newspapers raised the issue that the implementation of the policy may have led to the killing of drug suspects without due process, vigilante killings, summary executions and killings of innocent bystanders.

Critical of Project Tokhang The Duterte Government’s stated goal was to persuade drug users and pushers to surrender and cease their drug misuse and illegal activities. This policy was a key approach in addressing the nations’ problem on drugs and crime. But the intended and unintended killings associated with the implementation of the policy became the highlight of the critical news reporting. Project Tokhang was reported as a bloody war on drugs. The killings were described in the reports as extensive, difficult to control and escalating and the events were reported in detail.

Extensive killings The extent of the killing was nationwide. Newspapers covered various killings in regions and cities. Those who were killed were often described as drug suspects and the death of policemen was also reported. Newspapers reported various incidents including vigilante killings, summary executions and the killing of innocent bystanders. Men, women and children, teenagers, adults, and the elderly were killed. Furthermore, it was reported that most of those who were killed were from poorer communities.

Killing continued and was difficult to control Anti-drug operations conducted by law enforcers contributed to an increasing number of killings, including the death of innocent victims such as Jee Ick Joo, the Korean businessman in October 2016 and Kian the teenager in August 2017. These events prompted the temporary suspension of Project Tokhang from January to March 2017. Subsequently, newspapers reported an increasing 98 number of drug suspects who were killed during drug operations. From July 2016 to June 2017 the consolidated report gathered by PDEA showed 3116 drug suspects and 47 law enforcers were killed during drug operations. By October 2017, Director Camilo Cosalan of the PNP directorate for Operation reported 3933 drug suspects and 83 law enforcers had been killed. In February 2018, 4021 drug suspects were reported as killed. The Duterte government did not appear to be able to implement a bloodless drug policy through a legitimate drug operation.

Detailed description of the killings The description of the killings was often detailed. For example a member from the community might inform the police regarding a drug suspect and this might be followed by the police operation. There may be a description of the gunfight initiated by a resistant drug suspect who is later shot by the police in apparent self-defence. Some reports of vigilante killings described how unidentified gunmen shoot drug suspects. Reports may provide the context and the details of the address of the shooting. Frequently, shootings occurred in the streets, homes and in the community. Reports describe how the slain may have been brought to the hospital and died on arrival. The names of the police and slain drug suspects are provided. Drug suspects are usually described to be on the drug list and they carry guns, drugs and drug paraphernalia. Another description of a killing involved finding unidentified dead bodies in the streets wrapped in packing tape or in trash bags.

Detailed description of the killing of Kian One particularly vivid example of a detailed description of the killing was the shooting of Kian Lloyd delos Santos, a teenager who was reported to have been killed during a police drug operation. Newspapers described Kian as a student who was frightened of drug users and would avoid drug dens. His goal was to be a policeman and to help in arresting drug users. It was reported police claimed he was a drug runner (Manila Bulletin, 20 August 201, Article 263) and a drug suspect. But community leaders reported he was not on the drug list (Manila Bulletin, 20 August 2017, Article 263).

During the drug operation police reported Kian resisted arrest and fired at them when he saw them coming, which then prompted the police to shoot him (Philippine Daily Inquirer, 20 August 2017, Article 277). In contrast to these claims, several witnesses testified the police took him in to custody and beat him. One of the witnesses, who is Kian’s friend, informed the news reporter he heard Kian pleading for the police to stop the beating, he wanted to go home and was going to school the next day. Furthermore witnesses testified the police gave him a gun, forced him to run and shot him.

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Kian was then found dead, face down on the garbage heap (Philippine Daily Inquirer, 20 August 2017, Article 277).

In the context of conflicting claims between police reports and witnesses, and newspapers which reported the findings of a community CCTV footage, the Mayor of Caloocan City, Oscar Malapitan, ordered an investigation (Manila Standard, 20 August 2017, Article 279). Newspapers reported finding CCTV footage as follows. Kian whose head was covered with a shirt, was dragged by two persons past a basketball court (Philippine Daily Inquirer, 20 August 2017, Article 277). Witnesses claim Kian was given a gun, was instructed to fire the gun, force to run before being shot (Philippine Star, 20 August 2017, Article 268; Philippine Daily Inquirer, 20 August 2017, Article 277). The CCTV then showed how the two men dragged Kian to where he was found dead. Kian was found dead with a bullet in his head (Manila Times, 20 August 2017, Article 278, Philippine Daily Newspaper, 20 August 2017, Article 277).

Implications of the killing of Kian on drug policy Non-government newspapers engaged in investigative journalism which appeared to have been effective in bringing a change in attitude towards Duterte’s drug policy. While there were thousands who were killed in the implementation of Project Tokhang, none of the newspaper reports was as detailed as the killing of Kian. This killing became a symbol of the many killings, a climax with an impact and prompted a change in attitudes and responses.

Reflections and community responses The way non-government newspapers reported the killing of Kian, called for the nation to reflect upon its views on the drug related killings. Based on the national survey conducted after the killing of Kian, there was an increasing awareness and acceptance extrajudicial killings were occurring. The killing of Kian prompted questioning of the killings. The killing of Kian provoked strong emotions of anger, disbelief and condemnation from the senate, government officials, the Church and the community. Newspapers reported statements of Senators, government officials and the Church calling for an impartial investigation of the killing not only of Kian but the many killings associated with implementation of the policy. The non-government newspapers called upon the nation to be more vigilant about the unjust killing of drug suspects. Senator Binay called upon the leadership of the PNP to stop turning a blind eye to the various killings (Manila Standard, 20 August 2017, Article 279).

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Prompting a change in Duterte’s government Newspaper accounts noted a change in the Duterte government in response to the killing of Kian. In the past, President Duterte stated he would protect the police who were carrying out his war on drugs. Yet with this incident, the spokesman for the President, Ernesto Abella reiterated President Duterte’s statement the erring police would be investigated and dealt with accordingly. A non- government newspaper reported that even the Duterte Government made statements condemning the killing of Kian (Manila Standard, 20 August 2017, Article 279).

The Office of the President reminded law enforcers to be wary of police abuse of their power and authority. It was publicly suggested those in the community should report police who should be made accountable for any misdeeds.

Killing of minors Kian was a minor, and altogether 31 children and teenagers were reported to be killed in drug related incidents. The Children’s Rehabilitation Centre stated by August 2017, at least 31 minors had died. This includes Althea Barbon, a 4 y/o who was killed during a drug operation involving her father and Francis Monosca who was killed with his father by unidentified gunmen presumed to be involved in vigilante killing.

The National Youth Commission Chairman, Aiza Seqguerra was alarmed by the deaths of minors in the drug campaign and urged the Department of Justice and Social Welfare and Development to investigate (Philippine Star, 20 August 2017, Article 265). Newspaper reported youth groups held a black ribbon protest against drug related killings. Concerns were raised the government could not guarantee the protection of minors in the implementation of the drug policy. Drug related deaths (even of children) were interpreted as an unintended but acceptable form of collateral damage by the government.

Other reported study In the only other reported study of the implementation of Project Tokhang and related killings, the findings replicate those in the current study (Atun, Mendoza, David, Cossid, & Soriano, 2019). The period of study started on 10 May 2016 (a day after President Duterte won the elections) up to 29 September 2017. There were 5021 individual deaths reported of which 55% were linked to acknowledged police drug operations, 38% of the deaths were attributed to unknown assailants and 7% of the dead bodies were found dumped in streets or alleys.

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An analysis of the trend of the killings showed the rate of killings were high in June 2016 and remained high in July 2016 when Project Tokhang was implemented until the rest of the year (Atun et al., 2019). A sustained decrease was noted in January 2017 after Project Tokhang was temporarily suspended after an investigation showed an anti-drug operation resulted to the unlawful killing of a Korean businessman inside the PNP headquarters. There was an increase in the rate of killing during the first two weeks of August 2017. These findings are broadly consistent with the findings of the current study.

INFLUENCE OF THE NEWSPAPERS’ POLITICAL AFFILIATION

Duterte government justified the killing of drug suspects There were differences in the way pro-government and non-government newspapers reported the killings. Pro-government newspapers sometimes reported the killing of drug users was justified and arguably was an intended and acceptable consequence of the war on drugs. Pro-government newspapers reported the details of the killings from President Duterte’s viewpoint that drugs and crime could destroy society. Based on this information, pro-government newspapers reported statements of President Duterte justified the act of protecting the Filipino people from these criminals even if this meant killing drug suspects. “(The) war on drugs is meant to protect the Filipino people and is therefore justified,” the Palace (Office of the President) reiterated. President Duterte pointed out, "When you kill criminals that is not a crime against humanity." (Manila Bulletin, 7 March 2018, Article 198). The killing of these drug suspects was reported as a way of eradicating drugs and crime to achieve a higher goal of peace and order for the larger community.

Call to uphold life Non-government newspapers were more critical of President Duterte’s fundamental belief that drug users were beyond redemption. A non-government newspaper presented the President’s understanding that “Habitual drug use dissolves the brain, producing demented addicts beyond redemption” (Philippine Daily Inquirer, 3 December 2016, Article 151). Critics argued President Duterte’s understanding on drug addiction was generalized but he did not believe a majority of drug users could be rehabilitated.

Non-government newspapers reported the President making statements encouraging the killing of drug users and pushers based on his view they were criminals, and he was determined to eradicate drugs and crime in order to protect the nation. A newspaper report quoted the President saying, “Now, there are three million drug addicts. I’d be happy to slaughter them,” he said. You know my 102 victims, I would like (them) to be all criminals, to finish the problem of my country and save the next generation from perdition,” (Philippines Star, 8 Jan 2017, Article 162). In response to President Duterte’s views, non-government newspapers reported the critics’ call to rehabilitate and protect the lives of drug users and pushers and not just other members of the community. Human right activists defended the rights of drug users and pushers to receive justice. The Chairman of the Commission of Human Rights of the Philippines, Jose Luis Gascon stated the mission of the Commission of Human Rights is to uphold the dignity and rights of all persons (Philippine Daily Inquirer, 24 February 2018, Article 334).

Government attribute the killings to drug users viewed as criminals Pro-government newspapers reported President Duterte envisioned the implementation of his policy was going to be bloody. Government newspaper quoted Senator Cayetano pointing out “the reality is that illegal drug syndicates are also capable of unleashing violence.” (Philippines News Agency, 26 January 2018, Article 322). A government newspapers reported various stories of vigilante killings where unknown gunmen were reported to have executed drugs suspects. The government considered this as a type of extrajudicial killing where competing drug lords with their respective drug pushers and users would kill each other. For example, a pro-government newspaper quoted the chief presidential legal adviser explaining, "The extrajudicial killings are the result of surrenderees pointing to their comrades in the drug trade. And these co-conspirators in the drug trade involved in illegal industry will silence them because they will not allow themselves to be jailed or to be arrested; hence, they will have to silence them." The Palace lawyer said, "those who surrendered will not allow themselves to be killed so they will fight back, that's why there are so many extrajudicial killings” (Manila Bulletin, 7 March 2017, Article 198). The government newspapers reported the government’s claim vigilante killings were not linked to the administration of drug policy.

Critics attribute killings to the Duterte government Non-government newspapers focused on the various killings associated with the implementation of Project Tokhang. Reports from these newspapers provided statements suggesting police abuse and corruption and the government’s creation of an environment that accepted the killings without due process.

Non-government and pro-government newspaper started reporting on police abuse and corruption when it became more evident. Stories were reported of police killing individuals who were not confirmed to be drug users or pushers (Philippines Daily Inquirer, 2 August 2016, Article 70). 103

Another report involved a police officer, who extorted money from an arrested drug suspect in exchange for dropping his case (Philippine Star, 11 May 2017, Article 226). There were reports of police who may have been involved in the drug trade and used their authority and protection to execute their competitors (Manila Bulletin, 6 February 2017, Article 180). Other reports implicated the police in the drug trade. It was suggested these police would shoot drug users or pushers who might incriminate them (Manila Bulletin, 6 February 2017, Article 180). There are reports the police could shoot drug suspects whom they claimed had initiated the gunfight.

There were reports police may have been involved in vigilante killings (Manila Times, 2 August 2016, Article 72). Pro-government and non-government newspapers reported how unknown gunmen would shoot at drug suspects. It was difficult to determine whether the unknown gunmen were law enforcers or rival drug dealers. In contrast to the pro-government newspapers, non- government newspapers held the Duterte Government accountable for the vigilante killings.

Improvements There was an increasing awareness by the government and the community of extrajudicial killings and a progressive call to conduct a bloodless drug cessation campaign. Various approaches were reported by pro-government and non-government newspapers aimed at achieving this goal.

INFLUENCE OF THE NEWSPAPERS’ POLITICAL AFFILIATION

The government reforms the police The Government recognized the integrity of the PNP was tainted by the abuse and corruption of some police and the resulting suspension of Project Tokhang. Government newspaper reported the Northern Mindanao regional police had evaluated and improved police performances. Police Superintendent Spokesman Surki Sere’as stated there were criteria for determining whether police were behaving appropriately and those who did not fulfil the criteria were replaced (Philippines News Agency, 7 September 2016, Article 82).

In defence of the other policemen who were performing their duties, Department of Interior and Local Government Director Eloisa Pastor of the Bicol Region called for the need to regain the trust and respect of the community towards the police saying, 'Let us uphold its (PNP) dignity by offering as birthday gift our honest and dedicated service’ (Philippines News Agency, 6 February 2017, Article 178).

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Government’s new protocol to improve drug arrests Another strategy proposed by the government to prevent killings was to step up the capacity of the police to increase the number of surrendering and arrested drug suspects, as stated by PNP Chief Director Ronald Dela Rosa (Philippines News Agency, 6 October 2016, Article 115). Senior Superintendent Antonino Cirujales of the Albat Provincial Police Office responded by intensifying the arrest of drug suspects (Philippines News Agency, 4 November 2016, Article 132). But police drug operations and buy bust operations continued to be characterized by police abuse that resulted in killings. Police corruption continued to be reported, such as the failure to issue warrants of arrest, bribery and the preferential release of arrested drug suspects and failure to arrest drug lords.

In March 2018, twenty months after Project Tokhang was launched, Quezon City developed a protocol to improve the city’s capacity to arrest drug suspects, gather evidence and file their cases in court. The protocol was designed in collaboration with the Barangay (Community) Anti-Drug Abuse Councils, Quezon City Police District, Dangerous Drug Board, and the PDEA. Vice Mayor and Anti-Drug Abuse Advisory Council Chair said, "We have developed protocols to address this issue, to avoid what is called 'gray areas' in the interpretation of the regulations (Philippines News Agency, 25 March 2018, Article 340).

Government relaunching of #RealNumbersPh year 2 Another government initiative reported in the government newspaper was the relaunching of #RealNumversPH year 2. On May 2018, #RealNumbersPH year 2 was relaunched when the government viewed the reported differences of outcomes as a source of misinformation. It was integral to the government’s drug campaign to provide what the government claimed to be accurate information regarding the outcomes of its drug policy. The government newspaper reported through the #RealNumbersPH year 2, that the government was following procedures and was adhering to the law. The statistics gathered relied on the information provided by government agencies like the PNP and the PDEA and collated information was released through the Presidential Communications Operations Office. The Government newspapers aimed to project an image that the PNP was free of police abuse and corruption and the PDEA could be relied upon to provide accurate information ((Philippines News Agency 29 May 2018, Article 359).

The government newspapers further reported the #RealNumbersPH year 2 showed that President Duterte and his government did not condone illegal killings. The government was putting measures

105 in place to make police accountable and report their actions during police operations. Accurate data gathering was intended to limit police abuse in the context of the killing drug suspects.

Whether the reformation of the police and the launching of #RealNumbersPH in its second year was able to correct the police abuse and prevent the extrajudicial killings is not clear. Reports continued to be published on the killing of drug suspects and innocent victims even with improved protocols for arresting drug suspects and the ongoing buy bust operations.

Prosecute drug suspects through due process Non-government newspapers called upon the government to prosecute drug suspects because of the ongoing extrajudicial killings. It was reported the killing of drug suspects without due process of law violated the Bill of Rights of the Philippine Constitution. In a report of a forum organized by the Integrated Bar of the Philippines, Commissioner Roberto Cadiz of the Commission of Human Rights said, “We now have a President who openly advocates extrajudicial killings and who has been very successful in creating the narrative that human rights is an obstacle to his anti-drug campaign” (Philippines Star, 22 November 2017, Article 307).

Another non-government newspaper reported on a Supreme Court hearing where 35 families and some survivors had presented their petition regarding the killings they experienced during police drug operations. Jose Manuel Diokno, a counsel of the petitioners from the Free Legal Assistance Group, was critical the PNP and Department of Interior and Local Government, gave orders for police drug operations using the terms “neutralize” and “negation” of drug suspects. Diokno said, "It expressly authorized the police to kill [drug suspects] in the guise of neutralizing or negating them without the benefit of trial and due process of law in violation of the Bill of Rights.

Joel Butuyan of the Center for International Law and lawyer for the petitioners said, "Never in our history as a people has it happened that state agents, our police, admitted to being responsible for thousands of civilian killings and never in our history as a country has thousands of killings been justified on the basis of a government circular" (Philippines Daily Inquirer, 22 November 2017, Article 309).

Investigate the killings In the context of the various killings without due process of the law, non-government newspapers reported the critics’ call to investigate the killings as a means to end extrajudicial killings. The Commissioner of the Commission of Human Rights, Gwen Pimentel-Gana expressed the difficulty 106 in investigating the killings stating, “The Commission of Human Rights was investigating around 600 drug-related cases in which 800 people had been killed. Only 23 cases have been filed with state prosecutors and only one case --- the killings of a father and son in Pasay in July 2016 --- has been filed in court. A singular case --- this is unacceptable," (Philippine Daily Inquirer, 20 August 2017, Article 275).

To investigate the killings linked to the current policy was considered a slow process. The Duterte government had shifted the leadership of the drug campaign to the PDEA whose mandate is to uphold the law. Nonetheless reports suggest the PDEA was limited in prosecuting drug related crimes (Philippine Daily Inquirer, 7 September 2016, Article 95).

Strengthen the Criminal Justice System To more effectively prosecute drug suspects and investigate the killings, non-government newspapers reported the strengthening of the Criminal Justice System as a means to improve drug policy. A human rights lawyer, Jose Manuel Diokno said, "The only true and lasting solution to rampant crimes is to strengthen the justice system, not to supplant it with justice that emanates from the barrels of guns" (Philippine Daily Inquirer, 22 November 2017, Article 309).

Whether the Criminal Justice System was organized and capable of taking a role in the Duterte drug policy is questionable. The relationship between the Criminal Justice System and the Philippine Drug Enforcement Agency and their respective roles in Duterte’s drug campaign was not clearly reported in the newspapers.

This study was limited in its ability to gather newspaper reports that could assess the status of the Criminal Justice System. The trend in non-government news reports suggested police abuse and extrajudicial killing could continue. In response there was an increasing percentage of new reports from non-government newspapers offering suggestions intended to improve the policy.

Human rights groups call for justice Non-government newspapers expressed the views of national and international human rights organizations who advocated for the rights of drug suspects to life, due process and treatment. But President Duterte accused these groups as setting up hindrances to his policy. A non-government newspaper reported the President made statements to kill human right activists; and in response The Network Against Killings in the Philippines, a national human rights advocate group, strongly

107 condemned not only the extrajudicial killings but the President’s pronouncement to kill human right activists (Philippine Star, 3 December, 2016, Article 147).

A report from a non-government newspaper suggested President Duterte could be liable for the mass killings of drug suspects before the International Criminal Court (ICC).

The ICC was created for the purpose of penalizing crimes and functions on the basis of the principle of “complementarity.” The Philippines under the Duterte administration withdrew its membership from the ICC. Nonetheless, a new Philippine administration would be able to reinstate ICC jurisdiction and pledge full state support in prosecuting the crimes committed in Duterte’s war on drugs. The article suggests the Philippines experienced a mass of extrajudicial killing in the hands of President Duterte who authored a national drug policy described as a war on drugs. The Duterte administration’s failure to administer justice by prosecuting those who are responsible for the killing was reported in multiple instances. A non-government newspaper reported the philosophy behind the creation of the ICC is this, “ - If we want a world that allows no room for impunity, humanity must have recourse to a supranational mechanism for exacting accountability and dispensing justice, even where the actual victims themselves may have forgiven their oppressors” (Philippine Daily Inquirer, 25 March 2018, Article 347).

Project Tokhang as a health policy Lack of a national rehabilitation program The findings from this content analysis suggest the health component of Duterte’s drug policy was evolving throughout the implementation of Project Tokhang. First, there was the presentation of the government’s rehabilitation plans and strategies. This was followed by the presentation of pilot projects and finally by the adoption of ongoing plans and strategies. There was difficulty in assessing the outcomes of the rehabilitation programs because a limited number of newspaper articles reported these details. And the newspaper reports available rarely presented comprehensive data on health outcomes. Presumably no such data were available. There were no parameters reported that could measure the health outcomes.

INFLUENCE OF THE NEWSPAPERS’ POLITICAL AFFILIATION

Initial plans for drug rehabilitation There was more reporting from the pro-government newspapers compared to non-government newspapers, especially during the first months of the implementation of the policy. Pro-government 108 newspapers were reporting the government was planning to address the lack of a national treatment and rehabilitation program. A pro-government newspaper reported a statement from Senator Risa Hontiveros who “called on President Rodrigo Duterte's administration to treat the country's drug problem as a public health concern and not just a peace and order issue” (Manila Bulletin 2 August 2016, Article 57). Reports showed the DOH Chief, Secretary Rosell-Ubial networked with the Chairman of the Dangerous Drug Board to plan for the upgrade and expansion of rehabilitation facilities. There was a plan to construct a 10,000 person mega rehabilitation centre funded by businessmen. There were some mayors and local officials who planned to build rehabilitation and treatment centres in their respective regions. There was a plan to design a community based program run by the DOH in coordination with local government and community groups.

Non-government newspapers reported the lack of a comprehensive treatment and rehabilitation program for those who had surrendered was a major deficiency of Project Tokhang. In an interview, Senator Gatchalian said, “In my 15 years of public service, it is only now I'm seeing [drug suspects] volunteering to surrender. But it's such a waste that there is no intervention. They surrender, have their names listed, then go back to the community—no follow-up, no nothing” (Philippine Daily Inquirer, 7 Sept 2016, Article 95). Vice President identified the same concern saying, "Where are these 700,000 surrenderers? I've been going around, seen them surrender before mayors, but the mayors are saying they don't know what to do with them” (Manila Times, 7 September 2016, Article 101).

Non-government newspapers reported ways to improve the rehabilitation of drug users who had surrendered. One approach was by assisting inactive rehabilitation programs in local communities to regain functionality (Manila Times, 7 September 2016, Article 101). An increase of the government budget to 3 billion pesos was requested for a national rehabilitation program (Philippine Star, 7 September 2016, Article 90).

Follow-up plans for drug rehabilitation In following-up the government’s plans of establishing a rehabilitation program, a 10,000 person - mega rehabilitation centre was constructed in Fort Magsaysay, Palayan City, Nueva Ecija. The intended purpose of this mega-rehabilitation centre was to provide treatment for the drug abusers and drug dependent individuals who had been referred from the justice system (Philippines News Agency, 9 June 2017, Article 240). Non-government newspaper reported the Chairman of the Dangerous Drug Board, Dionisio Santiago, assessed the construction of a mega-rehabilitation was a mistake and providing a smaller community based rehabilitation program was a preferred approach 109

(Philippine Star, 22 November 2017, Article 306). Whether the mega-rehabilitation centre reached maximum capacity and rehabilitated thousands of drug abusers and offenders was not reported. There was insufficient information available regarding the outcome of the mega-rehabilitation centre.

Regarding the government’s plan to establish a nationwide community-based rehabilitation program, this study did not find any reports from the pro-government or non-government newspapers that such a plan was implemented. Instead there were reports that a number of pilot projects were carried out by the DOH, local governments, non-government organizations and the Church. Examples include treatment and recovery workshops, livelihood and job readiness programs and training provided from the Technical Education and Skills Development Authority. The Catholic Church provided holistic recovery treatment through the “Farm of Hope”. Drop-in centres were created in local communities for those who surrendered. There is little detail available of the numbers that may have benefited from these programs or the extent of benefit they may have obtained.

Lack a comprehensive drug policy on rehabilitation These various expressions of community based rehabilitation programs were not sufficient to meet the increasing demand from the hundreds of thousands of drug users and pushers who surrendered. Moreover, there were no reports indicating whether the DOH analysed or integrated the experiences and outcomes of various programs. An analysis of these experiences and outcomes could be used to formulate a national community-based rehabilitation program. However, there were no newspaper reports of the DOH establishing guidelines and frameworks on how to implement a community based rehabilitation program. Whether the DOH has taken the leadership in formulating a comprehensive and holistic national rehabilitation program or a health policy to complement the current drug policy was not reported.

Lack of follow-up treatment to determine the reduction of drug use and crime Newspaper reports suggested a drug policy of persuading or compelling drug users and pushers to surrender, followed by therapy to prevent drug relapse and reoffending, could go some way towards reducing drug misuse and crime. The lack of a therapeutic plan meant the government was not able to monitor the progress of those who surrendered. It is therefore impossible to know whether the policy was effective in achieving its goal of eradicating drug misuse and crime. Reformation program

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In March 2018, a report in the government newspapers stated the PDEA, in accordance with President’s Duterte’s campaign to address the nation’s problem on drugs, would establish municipal based reformation centres in all regions in the Philippines. (Philippines News Agency, 25 March 2018, Article 341). The concept is based on the Dangerous Drug Board regulation of community involvement in reforming drug offenders to become self-sufficient and law-abiding citizens. The reformation centre is adapted from the “Bahay Pagbabago” Program that was conceptualized and implemented in the Bataan Police Provincial Office and expanded to the Police Regional Office 3. Those eligible for admission include drug offenders who qualify as consequence of a plea bargaining agreement, those convicted of a drug-related crime and required to undergo rehabilitation, and those who were jailed for violating the anti-drug law. The program is designed for the body, soul, spirit and social reformation. To ensure full compliance and completion, the reformation centres must be located in the camps or bases of the PNP and the Armed Forces of the Philippines.

The Duterte administration adopted a reformation program specifically for drug users with associated crimes. This was a change from the approach used earlier in Project Tokhang where the police knocked on doors to persuade or compel drug users to surrender their drug misuse and illegal activities with no rehabilitation program available. With this reformation programs, drug offenders are channelled through the Criminal Justice System and are diverted to undergo a reformation program.

Newspaper reports suggest Duterte’s drug policy is moving towards implementation of compulsory addiction therapy by establishing compulsory reformation centres. How compulsory addiction therapy develops in the Philippines is an area that may require ongoing examination. It is unclear whether the Duterte government has made a paradigm shift of viewing drug misuse as a condition that requires treatment.

Section 2 – Punitive and Health Drug Policies

Extreme punitive drug policy The threat of punishment may prevent criminal activity (Nagin, 2013). In criminology this is termed general deterrence. General deterrence can be defined as the inhibiting effect of the threat of punishment and preventing individuals from committing a crime (Chan & Oxley, 2004). Three core deterrent theories define the characteristics of punishments that influence individual responses: 1)

111 certainty refers to the realization of the punishment, 2) severity refers to the level of “pain” inflicted, and 3) celerity is the lapse in time in implementing the punishment (Chan & Oxley, 2004).

The death penalty is an example of punishment sanctioned by law that uses death as a means to deter certain criminal activities. The historical roots can be traced to England, which sanctioned the death penalty based on the concept that “eliminating an offender restored society’s health” (Chan & Oxley, 2004, p. 2). The use of the death penalty has evolved through the century and was abolished in countries like Britain and Australia. America is the only western democracy where certain American States retain the death penalty.

The deterrent effect of capital punishment is debatable. The National Research Council conducted two reviews in 1978 and 2012 on the deterrent effect on the death penalty on homicide (Nagin, 2013). The same non-informative conclusion reached was the death penalty can decrease, increase or have no effect on the homicide rates. Another review had mixed findings ranging from significant to little evidence of deterrence as a consequence of capital punishment in the context of murder (Chalfin & McCrary, 2017). Studies that showed significant deterrence were questioned for weak methodology. A carefully designed study by Kovandzic, Vieraitis and Paquette-Boots (2009) used annual state panel data from 1977 to 2006, employed an expanded set of control variables, and explored various operationalisations of deterrence (Chalfin & McCrary, 2017). The conclusion did not favour the deterrent effect of the death penalty on homicide. A literature review assessed 74 empirical studies conducted mainly in American for 3 decades and the overall conclusion did not favour the deterrent effect of capital punishment on murder (Chan & Oxley, 2004)

Death threats used in Project Tokhang An area of interest in this present study is to determine whether the threat of death used in Project Tokhang is likely to deter individuals from engaging in drug misuse and crime. President Duterte enacted a national drug policy to eradicate drugs and crime in order to uphold a higher good of a drug free community. Based on the theories of deterrence, the certainty of death in Project Tokhang was realized as evidenced by the killings recorded during its implementation. The severity of the pain inflicted is death which can be considered severe punishment for individuals who resist to surrender from drug misuse and drug related crimes. The celerity or time in activating the death is almost immediate considering the police were authorized to shoot those who resisted arrest.

This present study provided no evidence that Project Tokhang was useful in deterring individuals from using drugs and committing drug related crimes. The findings showed the highest recorded 112 total number of those who surrendered was around 1.3 million, one year after the implementation of Project Tokhang. During the two-year period of the present study, there were minimal newspaper reports on follow-up measures and outcomes of those who have surrendered. There is little information confirming whether drug users abstained from drug misuse and ceased in committing drug related crimes.

What is known from the findings is the increase in the number of killings during the two years study of the implementation of Project Tokhang. As the killings increased, the call to end the killings gained momentum from non-government groups and the Duterte administration began to condemn the killings linked to the implementation of Project Tokhang. This suggests the use of death threat was not a desirable approach in the implementation of the drug policy and was inadequate in addressing the nation’s problems on drug misuse and crime.

In considering the drug policies adopted by the current Philippine government, we could consider them to represent a program of extreme punishment as a way of reducing drug use and drug harms. The trend of its implementation showed how various other approaches were needed to improve the policy and to ensure killings would end. Newspapers reported how government, non-government groups and the Church introduced reformation and rehabilitation programs as part of the nation’s drug policy. While it is too soon to determine whether these policies may have led to a reduction in drug use and harms, it is useful to reflect on alternative drug policies. Drug policy in Portugal provides an example of a fundamentally different approach, whereby drug problems are addressed through the health sector.

Portugal drug policy of decriminalization In the 1990’s an influx of heroin into Portugal resulted to an increase in drug use and the associated crimes, deaths and infections such as HIV, hepatitis and tuberculosis. Social problems arose as drug users were increasingly being marginalized. Drug use, with these associated problems, became a significant public health issue. In Portugal the criminalization of drug use was perceived to be a drain to the financial and human resources in solving the drug problems. The fear of prosecution was believed to prevent drug users from accessing drug treatment. Criminalization further stigmatized drug users and prevented social reintegration, which was vital in the management of drug users (Russoniello, 2012).

On 1 July 2001, Portugal implemented the decriminalization of the personal consumption and possession of all illegal drugs including heroin, amphetamines, ecstasy, cocaine and cannabis. Drug 113 trafficking remained criminalized and was defined as the possession of illegal drugs above the quantity required for average use for 10 days (Greenwald, 2009) . Drug offenders are handled by the Commission for Dissuasion of Drug Addiction (CDT’s) instead of the Criminal Justice System. A system is set up with the primary goal that drug offenders undergo addiction treatment. A CDT team of three appointed civilians include 1 legal expert from the Ministry of Justice and two medical professionals from the Ministry of Health. The team takes a drug and social history of the drug offender and assesses their severity of addiction in an environment of respect. A primary goal in the assessment is to offer addiction treatment as a priority (Russoniello, 2012).

Those assessed as addicted, with or without previous drug offenses, have their proceedings suspended when they agree to undergo treatment. Once the treatment is completed, the proceedings are not reopened. Administrative penalties may be imposed such as restriction for jobs, travel, and termination of public benefits or allowances but these penalties are suspended once the user agrees to undergo treatment. The non-addicted with no prior offence receive a provisional suspension of their proceedings. The non-addicted with prior offences, who undergo treatment and do not reoffend will have their proceedings suspended (Greenwald, 2009, Russoniello, 2012).

In the context of a program for comprehensive addiction treatment, decriminalization is accompanied by an expansion of the health system in treating drug use and addiction issues. Harm minimization policies such as opioid substitution therapy, needle and syringe exchange and the treatment of HIV hepatitis and tuberculosis were expanded (Goncalves, Lourenco, & da Silva, 2015). The intent is to create a social environment that supports rehabilitation.

After two decades, studies of the outcomes of Portugal’s drug policy of decriminalization have shown drug misuse did not increase (Hughes & Stevens, 2010). The number of drug users who came for treatment increased (Russoniello, 2012) and the prevalence of drug-related illnesses such as HIV and hepatitis decreased. Moreover, drug related crimes have decreased (Greenwald, 2009; Hughes & Stevens, 2010).

Public health drug policy in the Asian context Efforts to introduce more humane and effective approaches to managing drug dependence in Asia require consideration of the social, political and cultural forces which shape public policy. The Asian vision of a drug free environment pursued using punitive approaches may not be consistent with a public health approach centred upon decriminalisation or legalisation (Amin, 2018). Harm minimisation policies to prevent HIV infection among drug users and inmates may not be well 114 developed in the Philippines (Philippines News Agency, 6 October 2016, Article 111). In the Philippines, the focus on addressing drug misuse as a crime contributed to limited resources and efforts to either effectively treat drug dependence, or to manage drug related infections such as HIV.

There is a tension in the co-existence and development of punitive polices predicated on achieving a drug free environment, and treatment and harm reduction policies aimed at effectively managing addiction and associated disease, which may involve elements of decriminalisation. Consideration is required of the types of policy reforms that may be acceptable and feasible. Recent initiatives in Vietnam suggest a comprehensive public health policy in the Asian setting, may have the potential to integrate a comprehensive harm reduction approach and addiction treatment (Viet Nam Country Office, 2012). To formulate an evidence based compulsory addiction treatment that is not solely punitive can prevent human right abuse and create an environment that supports drug rehabilitation with benefits for those who use drugs as well as the community affected by drug users. The drug policy in the Philippines can evolved towards a public health policy which would require political mandate, leadership of the DOH and support from the Church and community.

LIMITATIONS This content analysis is based upon statements reported by the press and attributed to pro- government and non-government media outlets. These media outlets included very few statements from drug users and pushers regarding their experiences or responses to Project Tokhang. This content analysis did not find many reports of first-hand experiences of drug users and pushers. Another limitation is that newspaper reports are likely to be selective and to give priority to events and experiences which are likely to be of public interest. Many of the day-to-day experiences of both those using drugs and those enforcing the law may lack public interest. For example, efforts by users to seek help for their drug dependence may not be deemed to be newsworthy.

Thus, this content analysis is limited to reporting the attitudes, viewpoints and responses of pro- government and non-government commentators but without any detail of drug users and pushers experiences of Project Tokhang and how the policy affected them. Consequently, this content analysis did not find sufficient data to provide an understanding of what it meant to surrender or why and how drug users and pushers surrendered. It is not possible to know how Project Tokhang affected the drug using behaviours of drug users and pushers immediately after they surrendered or several months or years later. There were a few reports regarding some drug users and pushers who had completed and may have benefited from some rehabilitation programs. Apart from the killings, 115 there are limited reports of other untoward consequences of the government’s policy. To determine the impact of Project Tokhang on drug users and pushes there is a need for further research, which involves the participation of those affected by government drug policy.

An issue raised by both the government and the critics was the importance of implementing Project Tokhang in accordance to the law. But this content analysis was largely limited to describing newspaper reports of the role of the Criminal Justice System in Project Tokhang. The Criminal Justice System is independent from the Executive Office of the President and other government agencies like the PNP and the PDEA. One of the roles of the Criminal Justice System is to judge whether the implementation of Project Tokhang is in accordance with the Philippine Constitution. The government newspapers described the roles of the PNP and the PDEA but little could be found which was explicitly about the role of the Criminal Justice System and its relationship with PNP and PDEA. Thus, because of the limited statements regarding the Criminal Justice System, it is difficult to determine whether or not the implementation of Project Tokhang was in accordance with the Philippine Constitution. Furthermore, this content analysis has limited information on the outcomes of the arrests of drug suspects and the investigation of the various killings, which are functions of the Criminal Justice System.

This content analysis leads to a general observation that non-government newspapers reported stories and statements that were critical of the government drug policy. There could be other statements from non-government newspapers that may have endorsed the policy but were not included in this content analysis. It was not possible to include every reference to Project Tokhang in this content analysis. In particular, passing references to Project Tokhang were excluded, as were very minor stories. Overall the analysis of statements that endorsed and were critical of the government policy provided a wide perspective on the implementation of Project Tokhang and how the policy evolved during the period of study from July 2016 to June 2018.

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CHAPTER 6 - CONCLUSION This content analysis of newspapers with different political affiliations has provided insights into the way drug policy in the Philippines was implemented. Government newspapers appeared to endorse or be generally supportive of Duterte’s drug policy, and more often reported on positive consequences but not negative aspects and outcomes of policy. In contrast, the non-government newspapers tended to be more critical, pointing to gaps in Duterte’s drug policy such as the lack of concern with the human rights of drug users and pushers, availability of treatment, or the due process of law. By following the trends of the news reporting, including the inter-relationship between reporting by government newspapers and reporting by the non-government newspapers, this content analysis documents key aspects of the way Duterte’s drug policy evolved.

This analysis is on the drug policy initiated by the Duterte government with the stated objective of eradicating drugs and crime. This popular objective received near universal support. This study analysed Philippine online newspapers that reported on Duterte’s drug policy from its launch in July 2016 to June 2018. The government, its critics and the community recognise and acknowledged the importance of addressing the nation’s level of drug use and crime. There is no doubt extrajudicial killings occurred during the implementation of Duterte’s drug policy and some of these events were reported. This suggests that freedom of the press remained a reality in online Philippines newspapers.

Intended consequence The surrender of an estimated 1.3 million drug suspects in 6 – 12 months representing an estimated 73% of the nation’s drug users was reported as an intended outcome of Project Tokhang. This outcome was presented as a positive measure of success of Duterte’s drug policy. However, managing drug addiction by persuading and/or compelling drug users to surrender their drug use and admit their crimes has no proven history as an effective policy. The act of surrendering involved admitting ones use of drugs and undertaking a commitment to cease using. There is the possibility of seeking treatment, but as we have noted, treatment facilities were not available for the numbers who surrendered. Estimating outcomes was complicated by the context of an underlying threat of being killed should one resist or fight back.

It is unclear whether severe and extremely punitive policy can reduce the level of drug use and crime. Initial findings indicate the difficulty of assessing the outcomes of the policy behaviours as there were no follow-up of those who had surrendered. Statistics provided by government newspapers did not explicitly link the decrease in crime rates to the surrendering of drug suspects. 117

In the time period studied it was possibly too early to know whether there were actual changes in levels of use of illicit drugs. An early qualitative study on the war on drugs in the Philippines focused on the perspective of Filipino youths who were affected by Project Tokhang (Lasco, 2018). Initial findings suggested heightened fear, higher prices of shabu (local term for methamphetamine), police corruption and the associated distrust of the drug campaign may not be effective deterrents to drug misuse (Lasco, 2018).

Unintended consequence Critical reports of Duterte’s drug policy argued the surrender of 1.3 million drug suspects with limited provisions for drug rehabilitation, at the cost of the deaths of thousands is an indication of the failings of policy. The implementation of the policy created a context that allowed the killing of many. Critics reported corrupt law enforcers may have linked with officials, enabling vigilante killings which were associated to the implementation of the policy. These type of killings were arguably an unintended consequence of the policy.

Promoting change through news reports To end the intended and unintended killings associated with the policy was the priority of the critics of Duterte’s drug policy. Reports from non-government newspapers were oriented towards promoting change and re-shaping policy.

Non-government newspapers reported the critics’ view was a need to uphold and protect the lives of drug suspects. Promoting the human rights of drugs suspects through the due process of law and seeking justice for those who had been killed were concerns commonly raised. Non-government newspapers called upon the government to stop and control vigilante killings. Investigative reporting, as stated as one of the goals of the Manila Times, appeared to have been effective in bringing a change in attitudes and views towards Duterte’s drug policy.

Pro-government and non-government newspapers reported a change in President Duterte’s view of making abusive police accountable as evidence of extrajudicial killings being acknowledged. There was a change from the community that appeared initially to be indifferent to the killing of drug users and pushers.

A change to a bloodless drug campaign was difficult From 2016 – 2018, there had been attempts made by the Duterte government to implement a bloodless drug campaign and introduce other approaches that could improve the drug policy. The 118 government introduced the reformation of the police, improved protocols for arrests and shifted the leadership of drug policies from the PNP to the PDEA. Critics called for the strengthening of the Criminal Justice System that could prosecute drug suspects and investigate the killings associated with the implementation of the policy. But the role of the Criminal Justice System in the implementation of the drug policy was not clear throughout the two year period of the study. By 2018, government newspapers reported warrants of arrests and buy bust operations would continue, as well as the policy of compelling users and pushers to surrender their drug misuse and crime.

Statistics from 2016 to 2018 showed the number of arrests and the killings were associated with legitimate drug operations continued to increase. Even as late as 3 years after the launch of Project Tokhang, newspapers reported an intended and unintended killing of a drug suspect and his child during a buy-bust drug operation (See Box 3).

Box -3: THREE YEAR OLD CHILD KILLED IN A BUY-BUST DRUG OPERATION (Philippine Daily Inquirer, 5 July 2019, Article 385)

On 29 June 2019 at 7:40 am a buy-bust drug operation was conducted by police officers at a local community, Barangay San Jose (Philippine Star, 30 June 2019, Article 384). Police officer, Senior M/Sgt Conrado Cabigao posed as a “shabu” buyer (Philippine Star, 30 June 2019). The drug operation resulted to a gunfight. During the gunfight the 3 year old daughter of the suspected dealer was hit by a bullet, the police brought her to a hospital but later died (Philippine Daily Inquirer, 5 July 2019, Article 385). The police officer, Cabigao and the drug suspects Ulpina and Kahilig were killed in the gunfight (Philippine Daily Inquirer, 5 July 2019, Article 385). The Office of the President, Malacanang, through its speaker, Panelo, expressed their grief over the death of the 3 year old child. Panelo further expressed that the death of a 3 year old innocent child caught in the crossfire is considered collateral damage (Manila Bulletin, 6 July 2019, Article 386). Senator Ronald de la Rosa, the Chief of Police who first implemented Project Tokhang, responded to the death of the 3 year old child saying, “Policemen did not want to harm innocent civilians, but shit happens in an imperfect world.” (Philippine Daily Inquirer, 5 July 2019, Article 385).

The nation paid a high cost of an estimated loss of lives of anywhere from 4000 to 14,000 according to the PDEA, Catholic Church, and human rights activists. 119

Reformation program and Project Tokhang as a health policy In developing the Reformation Program the role of the PNP was expanded not only in persuading, coercing or arresting drug users and pushers but in leading the provision of drug rehabilitation. This raises the question on whether the underlying purpose of rehabilitation as implemented in the Philippines was to compel abstinence and prevent users/pushers from engaging in drug related crimes. It is questionable whether the PNP were capable of providing addiction treatment and the role of the DOH in this reformation program is unclear.

While the Philippines is exploring its Reformation Program, China, Thailand and Malaysia have been operating Compulsory Drug Detention Centres for decades. There is good evidence that incarceration and compulsory detention of drug users is associated with high relapse rates after release (Kerr et al., 2017; Wegman et al., 2017; Zhu et al., 2009).

In the launching of the #RealNumbersPh year 2 the DOH did not have a lead role in this initiative. Yet one of the goals of #RealNumbersPh year 2 was to provide accurate data regarding the number of those who surrendered and received rehabilitation. Arguably the DOH would be best suited to provide information regarding the treatment and rehabilitation of drug users and pushers in the nation. It should be noted that during the launch of Project Tokhang in July 2016, the Chief of the DOH planned to establish a comprehensive therapeutic framework to include the expansion of rehabilitation centres and the establishment of community based therapy.

This study followed through this plan and there was the construction of rehabilitation centres and the establishment of various forms of community based therapies by different groups. It appears the DOH did not formulate a health-based national drug policy. What was lacking were newspaper reports on the progress and development of these health-based approaches in managing the nation’s problems on drugs and crime. There was a gap in reporting how these health-based approaches might be further developed and to reach out to the 1 million or more detainees who may need drug rehabilitation and treatment.

Towards a public health policy on drugs The DOH of the Philippines could take leadership in addressing drug misuse and formulate a public health policy. Rehabilitation centres and regional and community health centres nationwide could be mobilized as centres for implementing the policy. Nationwide education that drug misuse is a health condition requiring treatment may help change the nation’s view away from criminalisation

120 of drug use. Under policies of decriminalisation, drug users would be regarded as people who have health problems and are enabled to receive addiction treatment and other appropriate support.

In Project Tokhang, drug users were viewed as criminals and were threatened by death if they did not surrender their drug misuse and criminal activity. A shift towards a public health drug policy would include approaches that regard social inclusion as a primary goal. Further research is needed to determine how drug users can be included and come voluntarily for treatment. Social inclusion may include strategies such as outreach and reorientation of services to reduce stigma. Further research is needed, particularly within settings where punitive approaches have been used. A systematic review found therapeutic communities, in circumstances where treatment is voluntary, have resulted in promising results (Perry et al., 2009). A preliminary study utilized semi-structured interview with drug users who surrendered during Project Tokhang and focus groups with community stakeholders (Hechanova et al., 2018). A community based drug intervention which might be suitable in the Filipino context was proposed for low-middle risk drug users. A public health policy to reduce the problems associated with illicit drugs would use evidence based therapies for drug misuse and the associated conditions.

In conclusion, we can learn from this present study that severe punitive drug policies may not be useful in compulsory addiction treatment. Punitive approaches considered as less severe like forced labour, re-education camps, extreme military drills and exercises were used to compel abstinence in some drug detention centres in Asia. The literature review provided evidence that punitive approaches are associated with high relapse rates and abstinence from drug misuse could not be maintained in the long term. Project Tokhang, an extreme punitive drug policy, utilized death threats to deter individual from misusing drugs and committing drug related crimes. It is a severe approach where the threat of death is almost certain and immediate. This content analysis provided no evidence of the usefulness of a severe punitive drug policy like Project Tokhang in eradicating drugs and crime. This conclusion can contribute to the discussion of the use of death threats in death penalty and a range of contexts.

The focus on punitive approaches can hinder the management of drug misuse as a health issue. Compulsory detention centres applied approaches that were limited in addressing health and addiction issues. Project Tokhang was implemented with limited provisions for drug rehabilitation. A refocus on drug misuse from a public health perspective is vital in the formation of national drug policy. The Portugese drug policy of decriminalization, a comprehensive harm reduction approach

121 and addiction treatment initiated in Vietnam and Therapeutic Communities are examples of policies that address drug misuse from a public health perspective.

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APPENDIX A: Philippine on-line newspapers used in the content analysis The references are grouped according to the Philippine online newspapers: Philippines News Agency Manila Bulletin Philippine Star Philippine Daily Inquirer Manila Times Manila Standard APA format was used for referencing. Each reference is followed by the article number. The sequence of referencing each group of online newspaper, follows the chronological numbering of the article number, starting with the least article number.

Philippines News Agency

Alhambra, V.Jr. (2016, July 4). 400 drug personalities yield in La Union, Philippines News Agency. (Article 7) 7 more dope dealers killed in shootout with Bulacan cops. (2016, July 4). Philippines News Agency. (Article 11) Another drug pusher killed, 3 others arrested in Laguna. (2016, July 4). Philippines News Agency. (Article 16). Junio, L.S. (2016, July 4). New DOH Chief vows fight vs. drug addiction and corruption to ensure better health service delivery. Philippines News Agency. (Article 21) Oplan Tokhang persuades 662 drug personalities from Western Visayas to surrender. (2016, July 4). Philippines News Agency. (Article 23) Reganit, C.M. (2016, July 4). Lawmaker files bill creating drug rehab centers for the poor. Philippines News Agency. (Article 24) 21,178 drug pushers, users surrender to police in Negros Island Region. (2016, August 2). Philippines News Agency. (Article 40) Musico, J.F. (2016, August 2). Senator Villar eyes free rehab for indigent drug users. Philippines News Agency. (Article 42) Junio, L.S. (2016, August 2). DOH conducts community-based training programs for treatment and rehabilitation of drug users. Philippines News Agency. (Article 45) 565,806 drug suspects surrender under 'Oplan Tokhang' -- PNP (2016, August 2). Philippines News Agency. (Article 47) Luzano, S. (2016, August 2). Illegal drugs campaign deadline mathematically probable --- Chief PNP. Philippines News Agency. (Article 50) Mabalacat City sets eyes on own drug rehab center. (2016, August 2). Philippines News Agency. (Article 51) Gov't agencies vow to support Pampanga's rehab, reformation program for drug surrenderees. (2016, August 2). Philippines News Agency. (Article 56) 12 police officers in Northern Mindanao relieved of post. (2016, September 7). Philippines News Agency. (Article 82) PNP-12 welcomes Diocese of Marbel's support in campaign vs. illegal drugs. (2016, October 6). Philippines News Agency. (Article 105)

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Raymundo, P.T. ( 2016, October 6). No 'death squad' in Metro Manila – PNP. Philippines News Agency. (Article 115) Hallare, J. (2016, November 4). Albay police aim to arrest 3 drug suspects daily as part of PNP's 'extensive' drug war. Philippines News Agency. (Article 132) DOH-MIMAROPA educates drug surrenderers to manage their own addiction. (2016, December 3). Philippines News Agency. (Article 145) Drug war nets over 1M drug suspects since July 1 – PNP. (2017, January 8). Philippines News Agency. (Article 157) Patino, F.G. (2017, January 8). Tagle urges the people to follow God’s light and aspiration. Philippines News Agency. (Article 158) Pimentel reminds CBCP of separation of church and state. (2017, February 6). Philippines News Agency. (Article 177) Hallare, J. (2017, February 6). DILG exec challenges PRO5 on 26th anniversary: Regain people's trust. Philippines News Agency. (Article 178) City gov't slates another job fair for graduates of drug rehab program. (2017, April 12). Philippines News Agency. (Article 211) Amazona, R.T. (2017, April 12). Samar town transforms drug users into productive citizens. Philippines News Agency. (Article 214) Limpin, R. (2018, February 24). 10 suspected drug pushers, users nabbed in . Philippines News Agency. (Article 328) Caliwan, L.C.T. (2017, June 9). PDEA: 82,607 nabbed in illegal drugs since July 2016. Philippines News Agency. (Article 235) Arayata, M.C.C. (2017, June 9). PHL to have additional 7 drug rehab, treatment centers soon. Philippines News Agency. (Article 238) OCAD orders court judges to refer all drug abusers for treatment in DATRC in Nueva Ecija. (2017, June 9). Philippines News Agency. (Article 240) 14 villages in Negros Island Region now drug-free. (2017, June 9). Philippines News Agency. (Article 241) DFA slams Human Rights Watch anew, demands apology over accusations. (2018, January 26). Philippines News Agency. (Article 322) Limpin, R. (2018, February 24). 10 suspected drug pushers, users nabbed in Cavite. Philippines News Agency. (Article 328). QC gov't assures airtight cases vs. drug suspects. (2018, March 25). Philippines News Agency. (Article 340) PDEA orients personnel on shelter program for drug surrenderers. (2018, March 25). Philippines News Agency. (Article 341) Pangasinan police arrest 3 new drug personalities. (2018, April 30). Philippines News Agency. (Article 348) War on drugs adheres to rule of law: Palace. (2018, May 29). ). Philippines News Agency. (Article 359)

Manila Bulletin

Risa Hontiveros urges Duterte gov’t to treat drug problem as a public health concern. (2016, August 2). Manila Bulletin. (Article 57) National Businessmen to help build rehab centers for drug dependents. (2016, September 7). Manila Bulletin. (Article 83) Leyco, C.S. (2017, November 4). NEDA outlines drug war strategy to UN agency. Manila Bulletin. (Article 135) Ocampo, Y.D. (2016, November 4). Former drug users turn lifesavers. Manila Bulletin. (Article 136)

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Dela Rosa, R.V. (2017, January 8). Calling murder by a different name. Manila Bulletin. (Article 160) Bunye, I.R. (2017, February 6). Drug war turning dirty? Manila Bulletin. (Article 180) Recuenco, A. (2017, March 7). National PNP vows less bloody anti-drugs war. Manila Bulletin. (Article 197) Lobo, F. (2017, March 7). DU30 answers HR group: 'Not a crime against humanity.' Manila Bulletin. (Article 198) Daza, J.Y. (2017, March 7). EJK, DUI, HEMA. Manila Bulletin. (Article 199) ROUNDUP: News in and around Metro Manila (2017, June 9). Manila Bulletin. (Article 243) Recuenco, A. and Torregoza, H. (2017, July 15). National 'Espinosa 19' back on duty; Supt. Marcos gets CIDG-12 post. Manila Bulletin. (Article 251) ROUNDUP: News in and around Metro Manila (2017, August 20). Manila Bulletin. (Article 262) Santos, J. (2017, August 20). Family of Kian delos Santos blast Caloocan police for shifting blame on them. Manila Bulletin. (Article 263) De Vera-Ruiz, E. (2017, October 17). National 73% believe EJK's occurring - Pulse Asia. Manila Bulletin. (Article 291) PNP reports on anti-drugs drive. (2017, December 21). Manila Bulletin. (Article 314) Geducos, A.C. (2019, July 6). Palace saddened by death of 3-yr old girl in Rizal drug raid. Manila Bulletin. (Article 386)

Philippine Star

Alquitran, N. (2016, July 4). DDB, to tackle lack of rehab facilities. Philippine Star. (Article 28) Weekend drug toll: 18 die, 952 surrender. (2016, July 4). Philippine Star. (Article 29) Felipe, C.S. and Romero, P. (2016, August 2). Mayor, son warned: Surrender or die. Philippine Star. (Article 59) Cabrera, R. (2016, August 2). Quezon City crime rate down – police. Philippine Star. (Article 61) Diaz, J. (2016, September 7). DOH: P3 B allotted for rehab of drug addicts. Philippine Star. (Article 90) Gamboa, R. (2016, October 6). Still wait-and-see for promised changes. Philippine Star. (Article 121) Mate. J. (2016, December 3). Duterte urged: Retract kill threat vs HR activists. Philippine Star. (Article 147) Mendez, C. (2017, January 8). Year Ender: Rody seeks stronger ties with China, Russio. Philippine Star. (Article 162) Descada, M., Jimenea, L., Visperas, E., Sapnu, R., and Bayo-ran, G. (2017, January 8). Kerwin Espinosa’s aide slain in Ormoc. Philippine Star. (Article 165) Macairan, E. (2017, March 7). PNP’s new ‘Tokhang’ taps priests. Philippine Star. (Article 203) Amoroso, E., Lazaro, R.E., Sapunu, R., Elevado, F., Visperas, E.M. (2017, May 11). 2 killed, 24 nabbed in drug stings. (2017, April 12). Philippine Star. (Article 218) Ramirez, R., and Tupas, E. (2017, May 11). Makati police chief, intel head sacked. Philippine Star. (Article 226) Mateo, J. (2017, August 20). ‘Children unsafe under Duterte’. Philippine Star. (Article 265) Diaz, J. (2017, August 20). Independent probe urged on drug slays. Philippine Star. (Article 268) Flores, H. (2017, October 17). Pulse: 88% back drug war; 73% say EJKs happen. Philippine Star. (Article 294) Tupas, E. (2017, November 22). Santiago on government stint: No regrets. Philippine Star. (Article 306)

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Punay, E. (2017, November 22). SC tackles drug war: Were rights violated? Philippine Star. (Article 307) Tupas, E. (2018, February 24). 23 more killed in drug war. Philippine Star. (Article 331) More than P200T drugs seized. (2018, April 30). Philippine Star. (Article 356) Tupas, E. (2019, 30 June 2019). Cop, 2 drug suspects slain in Rizal shootout. Philippine Star. (Article 384)

Philippine Daily Inquirer

Giving the drug war a ‘face'. (2017, August 2). Philippine Daily Inquirer. (Article 66) De Lima to guest on INQ 990 TV show. (2017, August 2). Philippine Daily Inquirer. (Article 67) Kin of man killed by HPG cops goes to NBI for help. (2016, August 2) Philippine Daily Inquirer. (Article 70) Drop-in centers for druggies to be set up. (2016, August 2). Philippine Daily Inquirer. (Article 71) 90 gated QC villages next for Tokhang. (2016, September 7). Philippine Daily Inquirer. (Article 93) Senators want more drug arrests. (2016, September 7). Philippine Daily Inquirer. (Article 95) Suspected pusher slain in Quezon police operation. (2016, September 7). Philippine Daily Inquirer. (Article 97) Kill list: 2,500 dead. (2016, September 7). Philippine Daily Inquirer. (Article 99) Police lead druggies to treatment, reform. (2016, November 4). Philippine Daily Inquirer. (Article 138) ‘Be wary of leader who lies'. (2016, November 4). Philippine Daily Inquirer. (Article 140) Duterte's holy war. (2016, December 3). Philippine Daily Inquirer. (Article 151) Fazenda da Esperanca: An adventure of hope. (2017, January 8). Philippine Daily Inquirer (Article 166) A senior's lament. (2017, January 8). Philippine Daily Inquirer. (Article 168) Humane work. (2017, March 7). Philippine Daily Inquirer. (Article 205) Make Duterte great again. (2017, May 11). Philippine Daily Inquirer. (Article 230) Metro Briefs: Maid tagged in P1.5M theft nabbed in QC. (2017, June 9). Philippine Daily Inquirer. (Article 248) Duterte ‘kill’ directive unacceptable. (2017, July 15). Philippine Daily Inquirer. (Article 256) 6 slain in southern Metro Manila in 24 hours. (2017, August 2). Philippine Daily Inquirer. (Article 272) Outpouring of sympathy for family of teenager. (2017, August 20). Philippine Daily Inquirer. (Article 274) Alarm over peace and scale of killings. (2017, August 20). Philippine Daily Inquirer. (Article 275) Mayor, bishop grill cops over Kian killing. (2017, August 20). Philippine Daily Inquirer. (Article 277) Why do people support the drug war? (2017, September 18). Philippine Daily Inquirer. (Article 286) PNP chief: Trust us, we value life. (2017, October 17). Philippine Daily Inquirer. (Article 296) Some Inquirer editors part of destabilization effort? (2017, October 17). Philippine Daily Inquirer. (Article 297) Pulse Asia: Nearly 9 of 10 Filipinos back war on drugs. (2017, October 17). Philippine Daily Inquirer. (Article 298) Sotto files cyber libel suit vs blogger. (2017, November 22). Philippine Daily Inquirer. (Article 308) Drug raids illegal, say 2 SC justices. (2017, November 22). Philippine Daily Inquirer. 130

(Article 309) Supporters, minority senators call for De Lima's release. (2018, February 24). Philippine Daily Inquirer. (Article 334) News Briefs: Police kill 88 more drug suspects in three months. (2018, February 24). Philippine Daily Inquirer. (Article 335) President Duterte is not the Philippine state. (2018, March 25). Philippine Daily Inquirer. (Article 347) Shit happens, Bato says after a child got killed in drug bust. (2019, July 5). Philippine Daily Inquirer. (Article 385)

Manila Times Roxas, P., Ugalde M. and Domingo L.C. (2016, August 2). Drug ‘vigilantes’ claim more lives. Manila Times. (Article 72) Panti, L.T. (2016, September 7). Robredo belittles Duterte drug war. Manila Times. (Article 101) Valente, C.S. and Panti, L.T. (2016, October 6) Duterte risking flow of foreign aid – Leni. Manila Times. (Article 124) Marasigan, F. (2017, March 7). PNP vows 'less bloody' Tokhang. Manila Times. (Article 208) Silverion, F. (2017, June 9). Village ambulance used in drug trade; 2 nabbed. Manila Times. (Article 250) Pilapil, J.R. (2017, July 15). Be more active vs drug killings, CHR urged. Manila Times. (Article 258) Tolentino, R.C., Valente, C.S., Tamayo, B.E., Carbonell, R.J., and PIlapil, J.R. (2017, August 20). Independent probe panel eyed for drug deaths. Manila Times. (Article 278) Valente, C. S. (2017, October 17). More Pinoys back drug war, but fear EJKs – Pulse. Manila Times. (Article 300)

Manila Standard

NPA: We'll nab or kill pushers. (2016, July 4). Manila Standard. (Article 35) Dela Rosa cites gains in drug war. (2016, October 6). Manila Standard. (Article 127) CBCP: War on drugs spurs reign of terror. (2017, February 6). Manila Times. (Article 191) Helping Digong. (2017, February 6). Manila Standard. (Article 192) Amnesty International’s investigation on EJKs. (2017, March 7). Manila Standard. (Article 209) Drug war resumes: Tokhang ‘reloaded’. (2017, March 7). Manila Standard. (Article 210) CC top cop sacked over teener’s slay. (2017, August 20). Manila Standard. (Article 279)

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Appendix B – Table 6: Number of articles for each newspaper for a given date per month

Table 6a: July – December 2016

Newspaper 4 July 2 Aug 7 Sept 6 Oct 4 Nov 3 Dec TOTAL Articles (Mon) (Tues) (Wed) (Thurs) (Frid) (Sat) Philippines 23 20 7 11 5 2 68 Pro- National Government Agency Manila Bulletin 3 2 2 1 3 11 TOTAL 26 22 9 12 8 2 79

Non- Philippines Star 3 7 8 6 1 2 27 Government Philippine Daily 2 6 7 3 4 22 Inquirer Manila Times 2 3 4 4 1 2 16 Manila 1 0 0 2 3 1 7 Standard TOTAL 8 16 19 12 8 9 72

Table 6b: January – June 2017

Newspaper 8 Jan 6 Feb 7 Mar 12 April 11 May 9 June TOTAL Articles (Sun) (Mon) (Tues) (Wed) (Thurs) (Frid) Philippines 2 7 0 4 1 7 21 Pro- National Government Agency Manila Bulletin 3 1 5 2 2 4 17 TOTAL 5 8 5 6 3 11 38

Philippines Star 4 3 3 2 4 1 17 Philippine Daily 4 4 1 5 2 16 Non- Inquirer Government Manila Times 0 2 3 0 0 1 6 Manila 0 3 2 0 1 0 6 Standard TOTAL 8 12 9 2 10 4 45

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Table 6c: July – December 2017

Newspaper 15 July 20 Aug 18 Sept 17 Oct 22 Nov 21 Dec TOTAL Articles (Sat) (Sun) (Mon) (Tues) (Wed) (Thurs) Philippines 0 1 2 1 2 2 8 Pro- National Government Agency Manila Bulletin 3 3 2 3 1 4 16 TOTAL 3 4 4 4 3 6 24

Philippines Star 2 7 2 1 2 1 15 Philippine Daily 1 6 2 5 2 1 17 Non- Inquirer Government Manila Times 2 1 1 1 0 1 6 Manila 2 1 1 0 0 0 4 Standard TOTAL 7 15 6 7 4 3 42

Table 6d: January to June 2018 Newspaper 26 Jan 24 Feb 25 Mar 30 April 29 May 27 June TOTAL Articles (Frid) (Sat) (Sun) (Mon) (Tues) (Wed) Philippines 2 1 4 4 2 2 15 National Pro- Agency Government Manila Bulletin 1 2 3 2 3 2 13 TOTAL 3 3 7 6 5 4 28

Non- Philippines Star 3 3 2 4 1 3 16 Government Philippine Daily 1 3 1 2 5 12 Inquirer Manila Times 0 1 0 0 0 2 3 Manila 0 0 0 0 0 0 0 Standard TOTAL 4 7 3 4 3 10 31

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