Rights group asks DOJ to recommend veto of anti-terror bill
MANILA, Philippines — Human rights group Karapatan on Tuesday called on the Department of Justice to recommend the veto of the proposed Anti-Terrorism Act of 2020, which is feared to infringe on people’s basic rights and fundamental freedoms.
In a letter addressed to DOJ Secretary Menardo Guevarra, Karapatan Secretary General Cristina Palabay said the controversial anti-terrorism bill “can potentially further constrict the democratic and civic spaces in the Philippines and can have an immense impact on the rights and civil liberties of human rights defenders and citizens.”
DOJ, which was tapped to review the controversial anti-terrorism bill, is expected to submit to President Rodrigo Duterte its comments on the proposed measure on Wednesday.
Karapatan stressed in the letter that the “already vague and overly broad” definitions of terrorism and acts of terrorism threaten the people’s rights to exercise freedom of expression, assembly and association, to seek redress of grievances and to participate in public affairs.
“Mr. Secretary, we are not assured with the supposed safeguard in this section on the non-inclusion of advocacy, protest, dissent, work stoppage, industrial or mass action, and other similar exercises of civil and political rights among the acts of terrorism for the simple reason that at least 619 of those who conduct such actions are in jail as political prisoners,” Palabay said.
“They are facing fabricated criminal charges for conducting advocacy and expressing dissent, yet their work and advocacies are criminalized. With the Anti-Terrorism Act of 2020, we believe this situation will further worsen,” she added.
Karapatan also documented at least 308 extrajudicial killings and 439 frustrated killings of civilians and human rights defenders accused by government officials as members of rebel groups.
Violations on right to due process, right vs arbitrary detention
The rights monitor also said the provisions on the proscription of terrorist organizations or a group of persons, freezing and forfeiture of funds, bank accounts and assets, and surveillance of individuals suspected as terrorists have gross implications and transgressions on the right to due process and the right to privacy.
It also sounded alarm over the detention without charge of up to 24 days and the creation of Anti-Terror Council—a body composed of presidential appointees that could order warrantless arrests of individuals it deems as terrorists.
“Even with current laws on torture and against illegal or arbitrary arrests and detention, Karapatan has documented at least 214 victims of torture, 2,567 victims of illegal or arbitrary arrests and 832 victims of illegal or arbitrary detention,” Palabay said.
Palabay said the justice department cannot ignore the “loud and justified public clamor” against the proposed legislation.
“We ultimately believe terrorism can be addressed, not through a defective militarist approach that our State forces employ, but through the pursuit of a just and lasting peace, through tackling the roots of the problems of social injustice and inequality, and through genuine respect for people’s rights,” she said.
Palace: Duterte ‘inclined’ to sign anti-terror bill
Last week, Congress transmitted the enrolled copy of the controversial bill to Malacañang.
Duterte—who certified the bill as urgent—can sign it, not act on it for 30 days and allow it to lapse into law or veto it. Presidential spokesperson Harry Roque said the chief executive is “inclined” to sign into law the anti-terrorism bill.
DOJ’s Guevarra said he is confident the president will wait for the agency’s comments before acting on the proposed measure.
“We are drafting our comments today and will send our internal communication to the Office of the President tomorrow,” he said. — with report from Kristine Joy Patag
President Rodrigo Duterte signed the Anti-Terrorism Law on July 3 despite opposition from rights groups and civil society groups that it could be used to stifle human rights.
A petition against the law has been filed at the Supreme Court and other groups are preparing pleadings of their own.
Follow this page for updates. Photo courtesy of The STAR/Michael Varcas
National Security Adviser Hermogenes Esperon moves to block access to several websites, including news sites of alternative news orrganizations Bulatlat.com and Pinoyweekly.org.
In his letter to the National Telecommunications Commission, he only says the websites are "affiliated to and are supporting these terrorists and terrorist organizations."
No other basis to back up his allegation was cited in the letter.
Citing the designation of the CPP-NPA-NDF as terrorists, NSA Hermogenes Esperon moves to block access to several sites.
— Kristine Patag (@kristinepatag) June 22, 2022
In Esperon's letter to the NTC, he included news sites @bulatlat and @pinoyweekly; sites of other progressive groups RMP and Save our Schools. @PhilstarNews pic.twitter.com/nAzMITJFsS
The Commission on Human Rights says it "partly welcomes" the Supreme Court decision that some parts of the controversial Anti-terrorism Law are unconstitutional.
CHR spokesperson Jacqueline de Guia says the commission remains hopeful that the remaining contentious provisions of the law will be clarified by the high cour in the full text of the decision.
"At the same time, our commitment remains in guarding against possible human rights violations arising from the implementation of the anti-terror law. We steadfastly remind the government that countering terrorism and protecting human rights are not competing values but are, in fact, mutual and complementary," De Guia says in a statement.
The Supreme Court has deliberated and voted on the controversial Anti-Terrorism Act but the decision will be released "at the soonest time possible."
"However, considering that there were numerous issues resolved in the case, as well as the fact that each Justice had to vote on each issue, there is a need to accurately confirm and tally the vote of each Justice in order to ensure the correct resolution of the Court per issue," SC spokesperson Brian Hosaka says.
The Anti-Terrorism Council designates the National Democratic Front of the Philippines, the panel that negotiates for communist rebels during peace talks a terrorist organization.
Previous designation of the Communist Party of the Philippines and New People's Army led to the designation of supposed members of the CPP's Central Committee. Among those designated as terorrists were peace consultants.
Designation gives the Anti-Terrorism Council the authority to investigate and freeze the accounts of designated persons.
The Anti-Terrorism Council has designated 29 people, including alleged members of the Communist Party of the Philippines-New People's Army, as terrorists in two resolutions.
Designation allows the Anti-Money Laundering Council to freeze the assets of those on the list.
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