In the Philippines, a new Anti-Terrorism Act endangers rights, a special Council would usurp court powers. I agree that the Philippines' anti-terror bill is poised to cause more terror, given the abuse of power we are already witnessing.
Now let this be clear, I am even considered pretty conservative on my political views here in the U.S.A. and I am 100% against terrorism and communist insurgencies. I want it to end too in all ways possible, but the fear is that this Philippine bill can also be used to anyone who is critical of the Philippine government (especially the Duterte administration now) is a legitimate concern. Given that the administration is already consolidating so much power from all three branches of the government. Duterte's minions are holding the majority in Congress and Senate (Legislative) and Supreme Court (Judiciary). They tried to bully anyone who is against them, especially those on the oppositions like the removal of previous Chief Justice Sereno, jailing Senator de Lima, belittling Vice President Robredo who works harder during this COVID pandemic than him, making fun/chilidsh personal attack to Diokno and more. Even ordinary citizens, inside and outside the country. Like the Overseas Filipino Worker (OFW) in Taiwan, our own government tried to deport her for sharing in social media her critical opinions toward the Duterte administration. How ironic and disappointing, Taiwan protected our own citizen from the bullying of our own government. Taiwan refuses to deport caregiver who ‘insulted’ Philippine president on Facebook.
People in our country who posted satirical jokes, disappointments, and frustrations about Duterte and his administration were also arrested without a warrant. A teacher, son arrested without warrant in GenSan over Facebook post. The reason behind their post? Hunger (or fear of hunger) during the enforced COVID quarantine. Also, the warrantless arrest of a teacher over tweet threatening Duterte was considered invalid and the court junks case vs teacher who offered bounty to kill Duterte. All these teachers are charged for citing sedition. I do not condone what they did but even Duterte himself always joke about killing (or seriously, to be honest we don't know anymore, it depends on his mood).
Living in a country where a MAN CAN BE SHOT FOR NOT WEARNING A FACE MASK OR NOT FOLLOWING SIMPLE QUARANTINE RULES, even if he is a retired soldier suffering post-traumatic stress disorder (PTSD) is something to really WORRY about, what more when they passed a law where someone who bought a knife or anything that can be used as a weapon can already be a suspected terrorist (or anyone decided by their chosen Council). It is more ridiculous now for me cause I live in a country where the right of the people to own a gun is even protected by their Constitution, called the Second Amendment. It is not even a gun you need to own in the Philippines to be a suspected terrorist, a knife will do. LOL.
I support the good intentions behind this Anti-Terrorism Bill, everyone who care about their country and is against terrorism will support this bill, as long as it is modified to make sure that it won't be abused. It is a given that any law can be abuse, but with the Executive branch already abusing its power now and them executing this new law later on. We need an assurance that the final form of this law is clear and the best form it can be to avoid or to be sure that it has the tiniest possibility of being abuse. And that is their job as lawmakers to make sure of that. To find the holes and fix it.
So given these circumstances and what is happening now in the country, these are 5 Things to know about the Philippines' Anti-Terrorism Act of 2020 (these are not my words, from Nikkei Asian Review) :
Now let this be clear, I am even considered pretty conservative on my political views here in the U.S.A. and I am 100% against terrorism and communist insurgencies. I want it to end too in all ways possible, but the fear is that this Philippine bill can also be used to anyone who is critical of the Philippine government (especially the Duterte administration now) is a legitimate concern. Given that the administration is already consolidating so much power from all three branches of the government. Duterte's minions are holding the majority in Congress and Senate (Legislative) and Supreme Court (Judiciary). They tried to bully anyone who is against them, especially those on the oppositions like the removal of previous Chief Justice Sereno, jailing Senator de Lima, belittling Vice President Robredo who works harder during this COVID pandemic than him, making fun/chilidsh personal attack to Diokno and more. Even ordinary citizens, inside and outside the country. Like the Overseas Filipino Worker (OFW) in Taiwan, our own government tried to deport her for sharing in social media her critical opinions toward the Duterte administration. How ironic and disappointing, Taiwan protected our own citizen from the bullying of our own government. Taiwan refuses to deport caregiver who ‘insulted’ Philippine president on Facebook.
People in our country who posted satirical jokes, disappointments, and frustrations about Duterte and his administration were also arrested without a warrant. A teacher, son arrested without warrant in GenSan over Facebook post. The reason behind their post? Hunger (or fear of hunger) during the enforced COVID quarantine. Also, the warrantless arrest of a teacher over tweet threatening Duterte was considered invalid and the court junks case vs teacher who offered bounty to kill Duterte. All these teachers are charged for citing sedition. I do not condone what they did but even Duterte himself always joke about killing (or seriously, to be honest we don't know anymore, it depends on his mood).
Living in a country where a MAN CAN BE SHOT FOR NOT WEARNING A FACE MASK OR NOT FOLLOWING SIMPLE QUARANTINE RULES, even if he is a retired soldier suffering post-traumatic stress disorder (PTSD) is something to really WORRY about, what more when they passed a law where someone who bought a knife or anything that can be used as a weapon can already be a suspected terrorist (or anyone decided by their chosen Council). It is more ridiculous now for me cause I live in a country where the right of the people to own a gun is even protected by their Constitution, called the Second Amendment. It is not even a gun you need to own in the Philippines to be a suspected terrorist, a knife will do. LOL.
I support the good intentions behind this Anti-Terrorism Bill, everyone who care about their country and is against terrorism will support this bill, as long as it is modified to make sure that it won't be abused. It is a given that any law can be abuse, but with the Executive branch already abusing its power now and them executing this new law later on. We need an assurance that the final form of this law is clear and the best form it can be to avoid or to be sure that it has the tiniest possibility of being abuse. And that is their job as lawmakers to make sure of that. To find the holes and fix it.
So given these circumstances and what is happening now in the country, these are 5 Things to know about the Philippines' Anti-Terrorism Act of 2020 (these are not my words, from Nikkei Asian Review) :
1. What exactly does this bill say and do?
The Anti-Terrorism Act of 2020 amends the Human Security Act of 2007. It expands the definition of terrorism to include acts intended to cause "death or serious bodily injury to any person," "extensive damage and destruction" to a government facility, private property or critical infrastructure and when the purpose of those acts is to "intimidate [the] general public," "create an atmosphere or message of fear," or "seriously destabilize or destroy the fundamental political, economic and social structures of the country." Those found guilty face life sentences without the chance of parole.
The act also criminalizes the "threat, planning, training, facilitating of" and "proposal" and "inciting" to terrorist activities by means of speeches, proclamations, writings, banners and emblems. It also subjects suspects to surveillance, warrantless arrest and detention for up to 24 days. In addition, it removes compensation for the suspect in the event of acquittal and boosts the Anti-Terrorism Council, the implementer of the law, whose members are appointed by the president.
2. Why is the government pushing it?
Backers of the bill say the legislation seeks to end terrorism in the country, which is still battling decadeslong communist and Islamic insurgencies. In 2017, Islamic State-aligned militants laid siege to the southern city of Marawi; last year the southern region was rocked by suicide bombings.
Even the lockdown did not stop terror, according to presidential spokesperson Harry Roque, who cited the communist rebels' attacks on soldiers securing the distribution of financial aid and attacks by Islamic militants in late May that led to an evacuation in the country's south that uprooted over 6,000 people.
Sen. Panfilo Lacson, a former police chief and proponent of the bill, said the Human Security Act of 2007 "has proved to fail in terms of its efficacy as an anti-terrorism measure," partly because it's lenient for offenders and restrictive for enforcers.
"Under the current Human Security Act, there are only four instances for terrorists to be prosecuted under the law," Lacson said last year. "On the other hand, there are a total of 20 instances where law enforcers can be charged and penalized for violations of the Human Security Act."
3. Why is it being opposed?
The Philippines' Commission on Human Rights said the broad definition of "terrorism" in the bill "paves the road for possible abuse."
"By this broad definition, starting a fight in a bar could technically be classified as an act of terrorism," said Human Rights Watch, which called the act "a human rights disaster in the making."
The overreach, according to CHR, could also be used "to limit substantial freedoms, including expression of dissent, while [with] the vague and overly broad definition, authorities could wantonly tag [the] exercise of rights as terrorist expressions."
Fears are also on the rise due to the Duterte's administration's history of cracking down on political opposition and the recent arrest of government critics during the lockdown. "It's not about going after terrorists," human rights lawyer Jose Manuel Diokno said, "but critics of this administration."
4. What do businesses and the international community have to say about the bill?
At least 16 Philippine business groups have jointly voiced strong opposition, calling the bill "highly divisive because it poses clear and present danger to human rights enshrined in our Constitution at a time [of pandemic] when our nation needs to come together as one."
Meanwhile, the United Nations High Commissioner for Human Rights said the bill "dilutes human rights safeguards, broadens the definition of terrorism and expands the period of detention without a warrant from three to 14 days, extendible by another 10 days. The vague definitions in the Anti-Terrorism Act may violate the principle of legality."
5. What are the chances that it will become law?
Duterte's office received the bill on June 9, giving him 30 days to act on it.
Amid crumbling support for the act -- some lawmakers have withdrawn their backing -- and mounting opposition from businesses, universities and the Catholic Church, the Department of Justice said it will review the bill regarding its potential to violate constitutional rights.
With the bill now on his desk, Duterte can sign or veto it anytime to reflect the executive branch's amendments. If no action is taken on it, the bill automatically becomes law in 30 days.
But given the growing opposition to the proposed law, a legal challenge in the Supreme Court is a possibility.
Once passed, this New Anti-Terrorism Law Would Enhance Duterte’s Power. Here is also an explainer comparing dangers in old law and anti-terror bill.
To those who will say that anyone against this bill is afraid because they are terrorists, this article answer it:
To those who will say that anyone against this bill is afraid because they are terrorists, this article answer it:
[OPINION] Who’s afraid of the new anti-terrorism law? The author was suspected as a rebel at 3 years old. LOL right? But not really. It is not funny anymore when you are the one or someone you love experience it. And with the new law saying you can't complain or sue them (the council and the government) if they commit a mistake of suspecting or identifying you as a terrorist, ruining your reputation, putting you in torture without enough evidence and no need for a warrant. You can't do that here in the U.S.A., I wish the same for the Philippines where individual rights are put on top, protected the most by their Constitution, the government fearing its people and not the people fearing their government (I wish they appreciate it as much as I do as an immigrant, but that would be another topic and post to discuss about 😅 ).
To those who need more and can't analyze enough by themselves (oops sorry! but not really sorry), these are interesting reads:
What can we do once Duterte signed it into a law or either way it becomes a law? Support the petition that Carpio and the others will file against it! Watch the Supreme Court and pray they will do their jobs and interpret it the way it is, unconstitutional! Let our representatives hear us and let them revised it to the best form it can be, once proven that this law is really needed and the old law is not enough after smart deliberation that we all know. Unlike what happened that they passed it during the COVID pandemic when all of us are busy focusing on COVID issues and more (like China's bullying and militarization in our islands and thanks to Duterte's support and selling us off which again is another topic and post to discuss about 😅).
References:
House Bill No. 3413
Senate No. 1083
House Bill No. 3413
Senate No. 1083
