WHAT IS RED BAITING/TAGGING?

Red-Baiting describes the practice of (mostly) state actors to publicly and detractively classify government-critical individuals
and organisations as state enemies, communist terrorists or members of communist front organisations with the purpose of
overthrowing the democratically legitimized state authority (IPON, 5)

WHERE DID THE TERM ORIGINATE?

The term Red-Baiting stems from the McCarthy era in the USA during the 1950s. The political campaign against communist
elements in the American society, identified with the name of Senator Joe McCarthy, reaches into today’s politics and has
experienced a renaissance during the past decades in the Philippines. (IPON, 5 )

WHAT ARE THE POLITICAL CONSEQUENCES OF RED BAITING?

The worst consequence of Red-Baiting is that victims can fall prey to torture, ED or EJK. Although Red-Baiting does not
necessarily end in these human rights violations, many cases of EJK and ED involve Red-Baiting. Concerted actions against
critical individuals and groups are commonly justified by labelling them as communist terrorists or subversives. It therefore
usually accompanies the impunity of the perpetrators. (IPON, 5)

WHAT IS THE HUMAN SECURITY ACT?

The “Human Security Act of 2007,” or Republic Act No. 9372, is a law
that Congress enacted “to protect life, liberty and property from acts of
terrorism, to condemn terrorism as inimical and dangerous to the national
security of the country … and to make terrorism a crime against the
Filipino people, against humanity, and against the law of nations. (HUMAN SECURITY ACT SECTION 2)

HOW DOES THE HSA DEFINE TERRORISM?

A. It defines the crime as follows:

“Sec. 3. Terrorism-Any person who commits an act punishable under any of

the following provisions of the Revised Penal Code:

Art. 122 (Piracy in General and Mutiny); Art. 134 (Rebellion or Insurrection); Art. 134-A (Coup d’Etat), including acts
committed by private persons; Art. 248 (Murder); Art. 267 (Kidnapping and Serious Illegal Detention); Art. 324 (Crimes
Involving Destruction); or under (1) P.D. 1613 (Law on Arson); (2) R.A. 6969 (Toxic Substance and Hazardous and Nuclear
Waste Control Act); (3) R.A. 5207 (Atomic Energy Regulatory and Liability Act); (4) R.A. 6235 (Anti-Hijacking Law); (5) P.D.
532 (Anti-Piracy and Anti-Highway Robbery Law); and 6) P.D. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition

of Firearms, Ammunition or Explosives)

Thereby ​sowing and creating 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​ shall be guilty of terrorism and shall suffer the penalty of 40 years of
imprisonment, without the benefit of parole…”
WHAT CAN BE DONE TO INDIVIDUALS MERELY SUSPECTED OF ENGAGING IN TERRORISM?

1) Placed under house arrest,

2) Prohibited from using their cell phones, computers and any other means of communication, even when they are granted bail on
the ground that evidence of guilt is not strong. S

3) Subjected to surveillance and wiretapping,

4) Examination, sequestration and freezing of bank deposits and other assets, on mere suspicion that they are members of a
“terrorist organization.” (DIOKNO)

WHAT ARE SOME CRITICISMS ON THE HSA?

There are some positive aspects of the definition of terrorist acts in the Human Security Act but the end result is an overly broad
definition which is seen to be at variance with the principle of legality and thus incompatible with Article 15 of the International
Covenant on Civil and Political Rights (ICCPR). Further, the strict application of a penalty of forty years’ imprisonment
undermines judicial discretion in individual cases and may result in a disproportionate punishment due to the broad definition of
terrorist acts (UN SPECIAL RAPPORTEUR MARTIN SCHEININ)

RESOURCES:

UNITED NATIONS HUMAN RIGHTS OFFICE OF THE HIGH COMMISSIONER: UN Special Rapporteur Calls for Changes
to the Philippines Human Security Act
https://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=1844&LangID=E

Human Security Act RA 9372

FAQs on the Human Security Act by Jose Manuel Diokno. Posted on the Inquirer July 15, 2017.

Red- Baiting in the Philippines “Civil Society under general suspicion”. International Peace Observers Network. December 2012
https://ipon-philippines.org/fileadmin/user_upload/reports/IPON_Report_Red-Baiting_2012.pdf