A truth commission on Duterte's war on drugs

Whether intended or not, the ongoing hearings in both houses of Congress are doing exactly what a special truth commission on abuses committed under the Duterte regime would do if such a body had been created by law. For now, these hearings could go on indefinitely, at great expense, and without a clear resolution, until television audiences get tired of hearing the same lies and seeing the same political posturing over and over again.

A truth commission would have been clearer in its objectives and more systematic in its approach. Its procedures would have been less repetitive. There would have been fewer opportunities for sensationalism and the rights of witnesses and sources would have been more respected. Much time in Parliament would have been freed up for the equally urgent but less visible work of reviewing existing laws and drafting better ones.

Admittedly, the establishment of such a commission would have been impossible during the honeymoon period of the Marcos-Duterte alliance. Even after the breakup, it would have been difficult to take such a step without being perceived as politically motivated. But it is not too late to establish a truth and justice commission on the Duterte regime's so-called war on drugs.

Article continues after this ad

The current Congress has barely touched on this issue in its ongoing hearings. As shocking as the truths emerging from the investigation into the Philippine offshore gambling operators (Pogos) may be, they pale in comparison to the abuses, corruption and numerous institutional failures that accompanied former President Rodrigo Duterte's war on drugs. Former Iloilo Mayor Jed Mabilog's brief testimony before the House Quad Committee this week offered us a glimpse into the extent of the abuses committed and the impunity with which lives were destroyed in the name of eradicating the drug scourge. Mabilog was lucky to have influential contacts who warned him in advance of the fate that awaited him. He left the country and lived to tell his story. But thousands of others from the lower strata of our society who ended up on the same drug lists created by the regime at various levels were not so lucky.

They were killed on someone's orders, in a brutal war that was all about meeting certain death quotas. It is this unspeakable crime against humanity that the International Criminal Court has been trying hard to document – but for some reason, President Marcos's government has not been particularly interested in looking into it. Mabilog's appearance in the House of Representatives seemed almost like a minor distraction from the main task of the day – the questioning of the mysterious Alice Guo, the recently repatriated Chinese pogo queen and former mayor of Bamban, Tarlac.

I am aware that extrajudicial killings, or EJKs, are on the agenda of the powerful Lower House Quad Committee. But that issue is unlikely to captivate viewers as much as the Pogo hearings. What makes the latter so gripping for millions of Filipino viewers here and abroad is both the colorful personalities involved and the personal nature of the questions being asked.

Article continues after this ad

It is entertaining to watch MPs try to outdo each other in getting their witnesses to tell the truth. Still, it is too early to tell whether such hearings serve any purpose other than to demonstrate how much power MPs have and who can ask reasonable questions.

When legislative support hearings take the form of court hearings, their role as a source of useful information takes a back seat. Invited experts and witnesses rightly protect their right not to incriminate themselves. This is especially true if they have already been charged in regular courts or other law enforcement agencies. But even if they are not charged with such a charge, they know that anything they say in such hearings can be used as evidence against them in future criminal proceedings.

Of course, the investigations that lawmakers have been conducting in recent weeks would be better handled by the government agencies specifically tasked with implementing the law, but that senators and congressmen are doing what should be their job shows a lack of confidence in the abilities and integrity of those agencies.

This is where truth commissions created by law come in. They are particularly useful in bolstering the legitimacy of new democratic regimes after a traumatic period of authoritarian abuse of power and impunity. As I said, it is not too late for Mr. Marcos to order the formation of a truth commission to investigate the abuses of power committed in connection with Duterte's all-out war on drugs.

An impartial commission of this kind, headed by credible citizens and with a clear mandate, will go a long way in bringing justice and moral closure to the countless victims of this heinous crime. Who knows, it may also partially redeem Marcos' name in the eyes of those who remember him only in connection with the betrayal of the Republic on September 21, 1972.

—————-

[email protected]