Presentation on the Human Security Act of 2007

On February 8, voting 16-2, the

Senate passed on final reading the

Anti-Terrorism Act, euphemistically

titled, the Human Security Act of 2007.

Timeline

• The Senate version was ratified by both chambers of Congress - Senate and Lower House - in a “special session” called by President Gloria Macapagal Arroyo.

• On March 6, Arroyo signed the bill into law. The Human Security Act was to take effect two months after the May 14 elections.

Timeline

• The law is set to take effect on July 13, 2007

What is the Human Security Act?

• It is a law that DEFINES and PENALIZES terrorism

What is terrorism?

• As understood by the public

• As defined by government

• As understood by human rights advocates

What is terrorism?

• At the core of the issue is the definition of “terrorism”….

• The so-called need for an anti-terror law is borne out of the alleged problem of “terrorism” e.g. the Abu Sayyaf Group (ASG), the Jemaah Islamiya (JI), Al Qaeda etc.

What is terrorism?

• The Human Security Act defines terrorism as the commission of crimes (rebellion, murder, kidnapping, hijacking etc.) that sow or create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand

What is terrorism?

• There is also the new crime of “conspiracy to commit terrorism” when two or more persons come to an agreement concerning the commission of the crime of terrorism and decided to commit the same

What is terrorism?

• COMMISSION OF CRIMES punishable under the Revised Penal Code or under other laws and presidential decrees such as piracy, rebellion, coup d’ etat, murder, kidnapping and serious illegal detention, crimes involving destruction, arson, hijacking, illegal possession of firearms and explosives, etc…

What is terrorism?

SOWING OR CREATING A CONDITION OF

• WIDESPREAD

• EXTRAORDINARY

• FEAR AND PANIC

• AMONG THE POPULACE

What is terrorism?

• TO COERCE GOVERNMENT

• TO GIVE IN TO AN UNLAWFUL DEMAND

What is terrorism?

• The definition is too vague and overbroad

• Who defines such terms as “widespread”, “extraordinary”, “panic”, “populace”, “unlawful” and so on?

• With this definition, the law can be easily abused

What is terrorism?

• Terrorism is becomes a new “catch all” crime with almost anything falling under the new definition

• Terrorism under the HSA definition is not limited to the ASG, JI, Al Qaeda. Even legitimate dissent can be interpreted as terrorism

• Potential for abuse by the Arroyo government is immense.

What is terrorism?

• Even the international community has yet to agree on a definition of the crime of terrorism

What is terrorism?

• For human rights advocates, terrorism can be loosely defined as the use of extreme violence against civilians

• Also with political dimension

• Concept of “state terrorism” as practiced by Arroyo government, Bush government

What is terrorism?

• Human rights violations under the Arroyo regime include more than 800 victims of extrajudicial killings and almost 200 victims of enforced disappearances

• Displacement of communities, indiscriminate bombing of civilian populations, massacres, repression

Dangerous provisions

Sec.18-19 - Warrantless arrests and prolonged detention without charges

Dangerous provisions

Warrantless arrests and prolonged detention without charges

• Allows warrantless arrests and detention without charges for more than 72 hours

• Arrest should be based on surveillance, inspection of bank accounts and upon orders of the Anti-Terrorism Council

Dangerous provisions

Warrantless arrests and prolonged detention without charges

• In the event of an imminent “terrorist attack”, suspect can be detained beyond 72 hrs upon approval of a judge or a “Human Rights Commission”

• Violates constitutional guarantee that detained persons should be charged within a maximum 72 hours or be set free

• Very open to abuses

Dangerous provisions

Sec.26 – Restriction on the right to travel

Dangerous provisions

House arrest

• If evidence is weak and suspect posts bail, he or she may still be put under house arrest

• While under house arrest, no access to phones, cell phones internet or other forms of electronic communication

Dangerous provisions

Sec. 7 - Surveillance

Dangerous provisions

Surveillance

• Law allows all forms of electronic and other forms of surveillance vs so-called “terror suspects”

• Loss of privacy, also open to abuse despite alleged “safe guards”

• “Big Brother” is watching

Dangerous provisions

Sec.17 - Proscription of organizations

Dangerous provisions

Proscription of organizations

• Allows gov’t to proscribe or outlaw organizations

• Dep’t of Justice can file a petition before any RTC

• Can be used to clamp down on legitimate organizations

Dangerous provisions

Sec. 27 - Bank accounts

• Allows inspection of bank accounts of “terror suspects”

• Inspection can also include related accounts

• Freezing of bank accounts of suspects

Dangerous provisions

Sec. 57 - Extraordinary rendition

• Allows “terror suspects” to be brought to another country to face interrogation, investigation and trial

• Only requires formal “assurance” from the requesting country that rights of suspect will be respected

Dangerous provisionsSec. 53- Anti-Terrorism Council (ATC)

Dangerous provisionsAnti-Terrorism Council (ATC)

• Executive Secretary

• Justice Secretary

• Defense Secretary

• Foreign Affairs Secretary

• DILG Secretary

• Finance Secretary

• National Security Adviser

Dangerous provisionsAnti-Terrorism Council (ATC)

• Council is composed of the proponents of repressive measures such as PP 1017, CPR, EO 464, Oplan Bantay Laya etc…

• ATC is the chief implementor of the HSA• Functions include directing arrest of terror

suspects, proscription of organizations, freezing of bank accounts, data base on “terrorism”

Dangerous provisions

Peace Process• Proscription can be used

against organizations such as the CPP-NPA-NDF, MILF and MNLF

• Will spell doom for the peace negotiations because organizations will be labeled terrorists

State terrorism• The purported cure is worse than the

disease, tantamount to undeclared Martial Law

• Will aggravate “state terrorism”. Given the track record of the Arroyo government, the HSA will give more powers to a regime that has violated human rights with impunity

State terrorism

• Should be taken in the context of current violations such as extrajudicial killings, enforced disappearances, filing of fabricated charges against gov’t critics…

State terrorism• Part of US-led war on terror,

passage of law was imposed by US government in exchange for support for unstable Arroyo government

• Shows puppetry of Arroyo to foreign interests

• Will be used for the survival of Arroyo administration, suppression of critics and legitimate people’s movements for national liberation and democracy

State terrorism• US war on terror

already discredited worldwide especially after US invasion and occupation of Iraq

• “War on terror” used as a battle cry to justify US aggression and expansion worldwide

State terrorism

• No less than RP Supreme Court Chief Justice Reynato Puno said that the “mindless war on terror” is to blame for many of the human rights violations in the country

State terrorism

• In countries that have anti-terror laws, people are questioning abuses and provisions that violate civil liberties

• Some countries have reviewed and repealed some provisions of their existing terror laws

But what about real threats?

• There are already existing laws that can be used to deal with so-called “terror threats”

• There is a need to seek long term solutions that address the social causes of these threats (poverty, injustice, rights abuses etc.)

What can we do?

• Resist and defy state terror• Expose and oppose rampant rights abuses• Continue to assert our rights (assembly,

association, freedom of speech etc.)• Use available legal means to stop the

implementation of HSA such as the repeal of the law, question the law before the Supreme Court

• Unite with other affected sectors in fighting the HSA

What can we do?

• Many times before we have frustrated the worst designs of the administration that suppress basic rights. We can do so again.

• Our people have fought against the dark years of Marcos’ martial law and defeated the dictatorship. We shall do so again.