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Don't sacrifice rights in fight vs terrorism, government told

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Don't sacrifice rights in fight vs terrorism, government told
This photo take June 3, 2020 shows one of the protesters picketing at the University of the Philippines, Diliman in Quezon City calling the junking of the Anti-Terror Bill.
The STAR / Michael Varcas

MANILA, Philippines (Updated 6:22 p.m.)  — Human rights should be at the heart of a law meant to fight terrorism, hundreds of organizations and individuals reminded the government as they rejected of the proposed Anti-Terror Bill.

“Why do our government officials always think law and order, peace and security can be realized only at the expense of our rights,” a multi-sectoral joint statement released by the National Union of Journalists of the Philippines read.

Lawmakers, lawyers, academics, Catholic leaders, civic action groups, student councils and journalists, human rights groups, writers and journalists are among the signatories of the statement released Wednesday.

“While we all agree that the right against terrorism is important and needs the participation and cooperation of everyone, we maintain that the proposed law is open to abuse by despotic governments to visit terror against critics and the people in general,” they said.

“If a law to fight terrorism is to be contemplated, let the respect and defense of human rights be the paramount consideration,” the group added.

The House of Representatives approved the anti-terror bill on second reading late Tuesday night, a day after President Rodrigo Duterte marked the proposed legislation as urgent.

A separate online petition calling for the junking of the Anti-Terror Bill, hosted at Change.org, has already gained more than 365,000 signatures.

Bill would worsen impunity

The signatories warned that the proposed measure gives the Anti-Terrorism Council the power to “designate, on mere probable cause, persons or entities as terrorists or terrorist groups.”

This would authorize the Anti-Money Laundering Council to freeze their assets without giving them an opportunity to defend themselves from the accusations.

Detention of up to 24 days without a warrant of arrest would also be allowed.

“Worse, this bill would worsen the impunity with which many of our laws and rights are violated by the very ones sworn to protect and uphold these,” they noted.

The proposed bill does away with reparations to those falsely accused of terrorism, which was included in the Human Security Act of 2007. Under HSA, the acquittal or dismissal of charges against an accused entitles them to P500,000 a day from the period when their assets were seized.

Safeguards in place?

The signatories also warned that the measure contains provisions that pose dangers to the freedom of the press and of expression, as it includes the crime of “inciting to commit terrorism.”

It also penalizes "any person who shall threaten [to commit acts of terrorism] shall suffer the penalty of imprisonment of 12 years."

The Senate version of the bill, which the House has adopted, states that terrorism "shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person's life, or to create a serious risk to public safety." 

The law, however, is prone to broad application, signatories said, pointing out that the government, even in previous administrations, “has used the existing offenses to inciting to sedition and rebellion to quell free speech and intimidate critics.” 

The police and the National Bureau of Investigation have, in recent months, arrested activists on a relief operation as well as social media users who ranted online for allegedly inciting sedition or for violating the 'Bayanihan' law.

Human rights lawyers earlier this week urged the public to join the growing voice of rejection to the Anti-Terror Bill. — Kristine Joy Patag

ANTI-TERROR BILL

NATIONAL UNION OF JOURNALISTS OF THE PHILIPPINES

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