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 provisions
Sec. 53- Anti-Terrorism Council (ATC)
 Dangerous provisions
Anti-Terrorism Council (ATC)
• Executive Secretary
• Justice Secretary
• Defense Secretary
• Foreign Affairs Secretary
• DILG Secretary
• Finance Secretary
• National Security Adviser
 Dangerous provisions
Anti-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 HAS 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.