Bill seeks ban on Rody’s tokhang

A bill seeking a human rights-based approach to addressing the longstanding drug problem was filed in the House of Representatives amid its ongoing investigation into the bloody anti-narcotics campaign of the Duterte administration.

Akbayan Rep. Perci Cendaña introduced the proposal to “prevent the killing of more innocent individuals” like Kian de los Santos, a 17-year-old senior high school student slain in 2017.

The proposed law seeks to ban “tokhang,” torture and the use of drug watch lists by the police. “Tokhang” refers to police visits to the homes of suspected drug users and traffickers.

“Instead of violence and bullets, our solution is to provide competent treatment and direct care to drug users,” Cendaña said.

Duterte’s war on drugs is estimated to have killed roughly 7,000 people according to government data, while local and international human rights organizations claim the death toll exceeded 30,000 predominantly poor people.

If passed, the measure will require the Department of Health, in coordination with local government units, to establish community-based health and social support programs tailored to the needs of individuals struggling with drug issues.

The bill would also prohibit police officers from arresting, detaining, listing, or subjecting to surveillance individuals who use or possess drugs, instead directing them to community-based health and social support programs.

Additionally, the bill forbids drug testing to determine use, relapse, or compliance with treatment under any circumstances.

Furthermore, it aims to ensure that no criminal, civil, or administrative liability is imposed on any individual who uses drugs and continues to use controlled substances after treatment or incarceration.

Dangerous Drugs Board Undersecretary Earl Saavedra emphasized the need to amend the Comprehensive Dangerous Drugs Act of 2002 (RA 9165) or introduce new legislation to govern the country’s anti-drug campaign, citing existing “gaps” and “loopholes” in the current law.

House Bill 1104, known as the “Kian Bill,” has a counterpart measure in the Senate filed by Senator Risa Hontiveros, also from the Akbayan coalition.

During the Philippine Drug Policy and Law Reform Summit in July, Justice Undersecretary Jesse Andres noted that addressing drug issues should not always depend on threats and intimidation.

He stressed the importance of shifting from a brutal response to a more human rights-based and public health approach.

National Police Commission Vice Chair and Executive Officer Alberto Bernando called for the creation of policies that are “not only effective but also fair, just and humane.”