Groups ask SC to nullify anti-terrorism law for impeding humanitarian work
MANILA, Philippines — Eleven groups of development and humanitarian workers on Friday asked the Supreme Court to nullify the anti-terrorism law for impeding humanitarian and environmental protection work.
The Coordinating Council for People’s Development and Governance (CPDG) Inc. and its member-organizations asked the SC to strike down the entire Republic Act 11479 or the Anti-Terrorism Act of 2020 “for being contrary to the Constitution.”
“The implementation of RA 11479 will surely worsen the present human rights situation and so petitioners have no other recourse but to put their trust on the Supreme Court as the faithful guardian of the fundamental law,” the petitioners said.
The groups told the court: “The CPDG and its co-petitioners believe that the Anti- Terrorism Act will seriously hinder its members from continuing their development work for it will legitimize all the harassments many of its members are experiencing now including red-tagging, abduction as well as incarceration on trumped-up charges, and even extra-judicial killings (EJK)."
READ: Cheat sheet on the looming legal battle on the anti-terrorism law
Impeding humanitarian work
CPDG argued that the anti-terrorism law impedes the conduct of development and humanitarian work.
The petitioners raised that the “government’s failure to address poverty and the inaccessibility of social services” especially to people who are in the countryside paved the way for NGOs like them provide alternative livelihood programs for them—but their work “earned the ire of the government,” they added.
“Rather than encouraging support and allowing these projects and programs to flourish, the government forces have maliciously equated these projects as means to support their so-called 'terrorists’ organizations' and maliciously suspecting these voluntary humanitarian effort as material support and aid to communist insurgency,” they added.
The petitioners stressed that community workers were put under surveillance, threatened and harassed by government workers through trumped up complaints filed against them. The passage of the law will only legitimize these, they said.
“The aid, projects, programs and infrastructure development in the communities that they are capable to deliver to benefit the people can be branded as ‘support for terrorist activities’. In fact, in line with its counter-insurgency campaign, the government has already impeded the flow of development projects by these NGOs,” their petition read.
Even work of environmentalists will be put at risk of being red-tagged. They stressed that environmental workers go to far-reaching communities to give aid and lectures, on impacts of environmental degradation. They also cited the killing of Leonard Co, a botanist and plat taxonomist, who was killed because he was mistaken to be a member of the New People’s Army while doing his research.
“The environmental work extended by the petitioners and similar organizations will be taken against them under Section 12 and 13of R.A. 11479 for it will be branded as support for the so-called “communist-terrorist activities,” the petition read.
The petitioners are composed of development and humanitarian workers, environmentalists, farm workers, agriculturists, scientists, consumers and children’s rights advocates.
On the SC’s official list of petitions against the ATA, this would be the 33rd; two more petitions filed by groups from Mindanao through registered mail have yet to be received by the court.
The SC last month said the petitions are set for oral arguments, but date has yet to be determined.
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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