Akbayan Files “Kian Bill” to end brutal drug war tactics and shift to health-based solutions

By: Andrea Eleanor Cabaron
November 09, 2024
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Schoolmates of Kian Loyd delos Santos sought justice for his murder during his last night of his wake last August 25, 2017. Photo Courtesy: Richard Reyes/ Inquirer.net.

The Akbayan Partylist has filed the “Kian Bill” in Congress, seeking to ban the use of “tokhang”, narcolists, and other cruel methods in protection of human rights during former President Rodrigo Duterte’s brutal war on drugs, on Monday. 

Newly inducted lawmaker, Percival Cendaña of the Akbayan party list filed House Bill No. 11004, also known as the proposed “Public Health Approach to Drug Use Act of 2024”, which advocates for a state policy that treats substance misuse as a health issue and addresses the drug problem with compassionate alternatives.

Under the Kian Bill, law enforcement officials are forbidden by Section 7 from detaining, arresting, listing, profiling, or monitoring people who are suspected of having illegal narcotics. 

Instead, they are responsible for helping suspected narcotics users and distributors  in a social and health support program that is located in the community.

This is in sharp contrast to the drug war, which was characterized by an estimated 12,000 to 30,000 EJKs, as reported by human rights organizations, and a fear-mongering "narco list" that the former president Duterte publicized.

Additionally, the bill aims to turn mandatory drug treatment and rehabilitation centers into voluntary initiatives overseen by the Department of Health. It forbids police personnel from running these institutions for people with drug-related offenses.

It also describes how the rights of marginalized and vulnerable groups impacted by drug use should be safeguarded, ensuring that women, children, people with disabilities, and indigenous peoples receive fair treatment and access to healthcare.

The bill suggests creating a Congressional Oversight Committee with five senators and five House members to guarantee accountability in implementation.

If the bill is approved, the Department of Health will be in charge of drafting its implementing rules and regulations.

 

Remembering Kian

Cendaña claims that his proposed legislation, which he named the "Kian bill" after Kian Loyd delos Santos, a 17-year-old who was shot dead under the War on Drugs campaign, intends to "avoid the killing of more innocent Kians." 

In 2017, Caloocan City police officers fatally shot 17-year-old Delos Santos, alleging he was a suspected drug offender involved in a shootout during apprehension.

Investigation later revealed  that the police officers had seized and beaten Delos Santos near his home, before shooting him, claiming he was on a narcotics list.

“The Kian Bill prevents the killing of more innocent Kians. Imbes na dahas at bala, solusyon natin ang magbigay ng karampatang lunas at direktang lingap sa mga drug users,” Cendaña shared in a statement.

With an emphasis on EJKs and the purported cash reward system for police officers who kill drug suspects, Congress has been looking into how Duterte's drug war has been carried out. 

Duterte has been questioned by the Senate regarding his War on Drugs campaign, but the lower chamber has yet to obtain his response to accusations made against him by law enforcement officials who were involved in the war on drugs.

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