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United Nations Special Rapporteur on extrajudicial executions Agnes Callamard has accepted the Philippine government’s invitation to investigate drug-related killings in the country on condition that it will “fully accept” the terms of reference set out by the UN.

Callamard released on Nov. 30 a briefing note on the status of visit request to the Philippines and the working methods for fact-finding visits, where she expressed her commitment in making a visit in 2017. This was contained in a letter to the Philippines on Nov. 11.

Contrary to Manila’s position that terms of the visit must be negotiated by both sides, Callamard asked the Philippine government to agree to the “full accordance with the terms of reference for fact-finding missions by special rapporteurs.”

“The visits of the Special Rapporteur, as those of all United Nations Human Rights Special Procedures, are governed by the Terms of Reference for Fact-Finding Missions by Special Rapporteurs, which governments are requested to fully accept for any visit to take place,” Callamard said.

President Rodrigo Duterte said he is open to a probe of the murders if he is given the right to be heard. Duterte wants the UN to make public its findings and for him to publicly ask questions on the report and present additional information or clarifications.

The mandate of the Special Rapporteur on summary or arbitrary executions was established by resolution 1982/35 of the UN Economic and Social Council and recently renewed by resolution 26/12.

She said the Special Rapporteur’s inquiries into cases of unlawful killings or summary executions “are of a fact-finding nature only” and “not of a criminal, judicial or quasi-judicial nature.”

Philippine government officials said after accepting this invitation, the terms of reference of the country visit are negotiated together “by practice” with the usual guarantees of free movement, security and non-reprisal.

It includes scope, duration, places, and persons or groups or organizations to visit, the Department of Foreign Affairs said.

More the 5,000 have died since the 71-year-old Duterte assumed the presidency in June 30.

Callamard stressed “it is crucial for the effective implementation of the country visit that these Terms of References

“These are essential guarantees which ensure that the mission delivers on its outcomes, to the benefit of all those involved,” she said.

In her letter to the Philippine government, Callamard reiterated her interest to conduct a joint visit with the Special Rapporteur on the right to health, along with the organization of a joint expert consultation on drug control strategies and policies.

The objective of the joint visit, which normally lasts one to two weeks, “would be to examine issues related to the Special Rapporteur’s mandates and to identify good practices and challenges.”

It seeks to identify “the most effective ways to assist the Philippines in guaranteeing the protection of the right to life and the right to health, particularly in the context of the anti-drug campaign.”

“By inviting the Special Rapporteur, the concerned government commits to ensuring free, confidential and unsupervised interviews with victims, families of victims, legal representatives, detainees, and civil society representatives as a whole, in accordance with the Terms of Reference for Fact-Finding Missions by Special Procedures,” Callamard said.

“They also commit to ensuring free and unrestricted access to all regions as well as to all places of detention and facilities where detainees might be kept,” she added.

The rapporteur holds a press conference to share initial observations.

A report on the country visit is submitted to the next session of the UN Human Rights Council in Geneva. DMS