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"Anti-Terrorism Law": An Analysis Paper Using Policy Analysis Tools in Partial Fulfillment of A Requirement On MPA 464
"Anti-Terrorism Law": An Analysis Paper Using Policy Analysis Tools in Partial Fulfillment of A Requirement On MPA 464
MPA 464
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On July 18, 2020, new law (Republic Act. 11479) came in force in the
Philippines concerning the problems with terrorism. This law is intended to stop and
regulate the acts of terrorism, as well as, penalize persons acting behind these
terrorism acts. But there are ongoing issues associated with the passage of this law,
including its’ dangers and threats to the personal rights and liberties of the Filipino
of Major Religious Superiors in the Philippines, Gabriela and other groups, express
strong criticisms with this law. According to these groups, the Anti-terrorism law is
harmful to the citizens as it circumvents the main spirit of the constitution which is to
protect the life and liberty of its people. Furthermore, the groups highlighted possible
abuses of the implementation of the law in the part of the law enforcement agencies,
as well as the misuse and usurpation of the broad terms in the provisions of this law.
The anti-terrorism law effectively replaced the human security act of 2007. It aims to
impose a stricter regulation of terrorism which the human security act of 2007 failed
to establish. Efforts to deter terrorism maybe harsh according to the new law, such
as the proposed measure for surveillance, detention and investigation. The law may
also violate the spirit of due process as it allows arrest without warrants and needs
no court order. The said law proposed to much violations to the bill of rights, but
despite this, the government stood still in its aims and goals of combating terrorism
In the political structure of the Philippines, effective laws and regulation for the
remains unsettled. Terrorism plays a ripple effect to the economy of the state, and
this is surely the reason why the government is strong with its decision of making the
anti-terror law, an urgent one. This paper will try to discuss events and data’s
concerning the passage of the anti-terrorism law, and eventually the author will try to
present pros and cons with regard to the implementation of the law. The author
would love to journey with the readers as we go along and analyze the reasons of
Thus, the reforms in the anti-terror law are rooted on the ideal that it may
replace the old ways into a better one. There is no problem with the rules and
democracy, its main purpose lies on the protection of life, liberty and property.
protected. As long as the exercising of the rights may not plan to harm or hurt a
citizen and risk his life or jeopardize public protection, so it is always considered
trauma, anxiety, anger and hate, dominated and still dominating most of our daily
the Office of the United Nations High Commissioner for Human rights, terrorism is an
act of violence which harms civilians for the achievement of an ideological aim or in
includes any criminal act intended to provoke the general public or the government
and that such acts are justified by them through philosophical ideologies, racial,
have defined terrorism, it was just summed up as any act which causes destruction
to human rights (Office of the United Nations High Commissioner for Human Rights,
n.d.).
In the political structure of the Philippines, effective laws and regulation for the
applies
too passive, defensive, preventive, or lawful initiatives against terrorism. Under anti-
terrorism legislation, attempts to prevent terrorism can take the shape of harsh
The Prince, "fear is maintained by a fear of punishment that never fails." How are
terrorist activities and prevented anyone who could perform them? This paper aims
to explain these core issues while mapping Pakistan's evolutionary phase of anti-
terrorism legislation. The analysis is based on the framework detailed in the following
constitution, criminal, immigration, military law, and war laws within and beyond. The
economic variables, may not be studied in isolation from its domestic climate.
Around the same period, it is not necessary to mitigate the effect of domestic and
foreign influences. The State retains the freedom for the welfare of its people, to
mechanisms inside the state is the rule of law. Anti-terrorism regulations constitute a
distance between anti-terrorist targets (as envisaged in the laws) and their operation
or execution, popular support, political will, and state capability are essential. This
difference between the anti-terror law regime's perception/intention and the facts on
The Philippine President signed Republic Act No. 11479 or The Anti-
Terrorism Act of 2020 (the Act) on 3 July 2020, a statute aimed at stopping,
prohibiting, and penalizing terrorism. The Act revoked the 2007 Human Protection
Act, Philippines old anti-terrorism statute. While the implementation of laws and
regulations have yet to be implemented, the Act has already taken force in the
Philippines. It carries, though, that the Act has an extraterritorial application, which
implies that it can even extend to non-Filipino residents and/or anyone beyond the
Philippines territorial borders. The Act was still contentious when it was passed. In
less than a week after the President signed the Legislation, the Philippine Supreme
Court lodged multiple appeals attempting to nullify some aspects of the Act.
and sweeping, thus vulnerable to violence. Unlike the old anti-terrorism law, i.e. the
Human Security Act) that enumerates specific predicate crimes for terrorism (e.g.,
piracy, rebellion, coup d’etat, murder, hijacking, etc the acts constituting terrorism
under the Act are said to be very broad such that its enforcers “will have unbridled
discretion to select the targets of the new terror law including those from among
Another clause that is sought to be nullified is that which empowers the ATC,
people's warrantless arrests on solely suspicion, even though no charges have been
fair process and to be protected from arbitrary searches and seizures. Moreover, the
power granted to ATC is said to violate the principle of the separation of powers of
the three branches of government (i.e., Executive, Legislative, and Judiciary) "as it
effectively allows [ATC] to circumvent the issuance of arrest warrants which are the
Meanwhile, unless the Supreme Court declared the Act or sections thereof
unconstitutional, the terms of the Act remain true and accurate. As long as the
exercising of the rights may not plan to harm or hurt a citizen and risk his life or
Figure No. 1
especially in Mindanao between 2010 and 2016. The Global Terrorism Database of
the University of Maryland compiles details about each attack event; the database
logs various variables such as venue, the effectiveness of the attack, presence of
arms or bombs, and casualties. Figure 1 shows how the number of terror attacks in
the Philippines has risen over the past five election terms, particularly in Mindanao.
Poor border protection, poor government, and historical injustices and
festering inequalities are some of the reason’s intelligence experts and academics
2020's Anti-Terrorism Act amends 2007's Human Rights Act. It extends the
private property or critical infrastructure and where such acts are intended to
"threat, planning, training, facilitating of" "proposal" and "inciting" terrorist acts by
The bill's supporters state law aims to end extremism in the world that is still
dealing with communist and Islamic insurgencies for decades. In 2017, Islamic
State-aligned jihadists laid siege to Marawi's southern city; last year, suicide
bombings shook the southern area. The history of the present administration's
crackdown on political opposition and the recent arrest of government critics are
fanning fears that the pending anti-terror law will be used to further squelch dissent.
Also the lockdown did not deter terror, according to presidential spokesman Harry
Roque, who cited late May attacks by communist rebels on soldiers protecting the
an evacuation in the south of the country that rooted over 6,000 civilians. Sen.
Panfilo Lacson, a retired police chief and bill's proponent, said the 2007 Human
the previous Human Security Act, four instances may be observed for terrorists to be
Why is it opposed?
The Philippine Commission on Human Rights said in the law, "the ambiguous
definition of the word terrorism may be a cause for an abuse." "By this reason,
Rights Watch said, labeling the act "a human rights disaster in the making."
terrorism.
the bill?
resistance, labeling the bill "highly divisive because it poses a clear and present
on it. Amid crumbling support for the act — several senators have withdrawn their
backing — and mounting resistance from corporations, colleges and the Catholic
Community, the Department of Justice said it would study the bill regarding its
potential to breach civil rights. With the bill now on his seat, Duterte will sign or veto it
bill immediately becomes law after 30 days. But considering the increasing
resistance to the new legislation, a judicial fight in the Supreme Court is a probability.
specifically designed to curtail and deter acts of terrorism. Republic Act No. 9731,
also known as the Human Protection Act (HSA) of 2007, entered into effect in July
2007 to help the government and law enforcement authorities counter the danger of
terrorism. Nevertheless, security observers remember that the HSA of 2007 has
never been completely exploited, having been enforced only twice after its
implementation — the first occasion was to proscribe the Abu Sayyaf Community as
a terrorist organisation, while the second was against an individual who was active in
the Marawi siege (the case was ultimately resolved out of court) (the case was
eventually settled out of court). Some critics say that the HAS of 2007 includes
(including high fines for false arrests) (including high penalties for mistaken arrests).
These same provisions seem to have been eliminated in the present anti-terrorism
for a vague and overbroad definition of what constitutes as terrorism, leaving it open
Justice Vicente V. Mendoza puts it A statute whose terms are so vague that persons
application offends due process. And a law that sweeps unnecessarily widely all and
The balance of control and the choice on its use has been strengthened by
the current anti-terrorism act. Will it be used for a strong degree of discipline and
advanced training. The supporters of the anti-terrorism act are operating under the
premise that the new structures – the entire gamut of the military, executive and
judiciary institutions – would pay high regard to human rights and would demonstrate
a rigorous degree of transparency. However the popular backlash towards the new
The atrocities perpetrated by some police during the brutal fight against illicit
narcotics, the serious records of extrajudicial killings permeating some areas of the
legitimate organisations, and the lingering questions about human rights violations
through different administrations are some of the serious factors that impact people’s
confidence toward the government. More recently, the killing of four intelligence
checkpoint in Jolo, Sulu by PNP staff increases the specter of violence even more.
These concerns are very fundamental, and an already doubtful electorate has only
been rewarded with far more grounds for alarm about the government’s preparation
On 26 February 2020, the Senate approved on third and final reading Senate
Bill No 1083 or the Anti-Terror Bill. On 1 June 2020, President Rodrigo Duterte
approved the bill as urgent. Two days later, amid resistance from different parties,
the House of Representatives passed its edition, House Bill No 6875. The bill’s aim
is to modify and abolish Republic Act No 9372 or the Human Protection Act of 2007
(HSA), which, while the target of criticisms from human rights organizations for
alleged violations on the part of enforcers and misuse or usurpation of the word
human security at the time it was passed, was often unwelcome by those who had to
Anti-Terror Bill lacks the provisions present in the HSA and lessens the punishments
must be specific about how it constitutes a crime. In the proposed statute, what
constitutes as an act of terrorism” has been extended and will be open to a number
of meanings. Ambiguity in the meanings of “terrorist” and the “acts of terrorism” can
is diminished.
Furthermore, the bill extends the size of the Anti-Terrorism Committee (ATC)
to include other heads of executive agencies (Section 45, SB 1083 and HB 6875)
(Section 45, SB 1083 and HB 6875). However, any of the representatives remain to
be alter-egos or appointees to every serving president. The ATC has since been
those already classified by the United Nations Security Council, for the purposes of
Other than plausible cause, the ATC has no fixed requirements for the classification.
the Commission on Human Rights (CHR) (Section 25, SB 1083 and HB 6875)
Safeguards have been reduced. In the Congress-approved bills, the fines for
illegal and fraudulent inspection and furnishing fake evidence, fabricated papers, or
spurious evidence were limited (Sections 37 and 43, SB 1083 and HB 6875)
(Sections 37 and 43, SB 1083 and HB 6875). With so much power at the hands of
the ATC and diminished punishments for abusive interpretation of the rule, there will
be violations on the right to due process of a person. Can this mean that one is guilty
existence and cause of the allegation against him or her. Under the proposed rule,
the arresting officer or the director of the detaining center is tasked to remind the
accused of his or her rights upon capture (Section 30, SB 1083 and HB 6875) and
custody (Section 29, SB 1083 and HB 6875) (Section 29, SB 1083 and HB 6875).
However, it is being recommended that some of the current privileges in the HSA be
excluded. In the HSA, the individual under surveillance or the accused has the right
question the validity of any intervention before the court (Section 9, HSA) (Section 9,
HSA). The complainant therefore has the right to be told of the termination of the
him or her for any breach of the rule (Section 10, HSA) (Section 10, HSA). But under
the proposed measure, these sections were omitted. There are also limits and
constraints to be placed on obtaining documents and logs, and can be used by the
accused to bring lawsuits against others who performed malicious inquiries (Sections
32 and 37, SB 1083 and HB 6875) (Sections 32 and 37, SB 1083 and HB 6875). The
knowledge, the offender could not be able to react adequately to any allegations
levied against him or her. It could also be a breach of the right of fair process. The
so-called “safeguards” typically may not shield the weak and the helpless.
c. Surveillance and Detention
The new measure expands the reporting duration from 30 to 60 days. Surveillance
necessary prior to monitoring, the processes and facilities used to execute the
The incarceration time without a warrant to apprehend alleged criminals has now
expanded from three days to fourteen days which can be prolonged for up to ten
days. Furthermore, the arrester does not have to bring the defendant to any judge
(Section 29). These laws infringe people's right to contact and privacy that this state
A part of the new legislation is devoted to the power to prosecute, inquire into and
review bank deposits of the convicted. In the new statute, a formal order from the
requires a judicial order to perform inquiries (Section 35, SB 1083 and HB 6875)
The new legislation maintains the expectation of the Commission on Human Rights
individuals' civil and political rights in relation to law enforcement." However the CHR
may no longer have competence to sue people who could have abused the civil and
f. Oversight
Under the proposed legislation, the supervisory rights were diluted (Section 50, SB
would not have to provide suggestions for re-evaluating, amending or removing the
Act and other clauses surrounding the authorization to track accused and charged
individuals. Finally, courts conducting litigation would not be needed to disclose the
In fact, certain members of the House of Representatives were not offered a chance
by House leadership to propose changes to the Senate version and the majority
supported the Senate version in toto. Have the current provisions been extensively
checked and the necessary changes carefully considered? What demands this sort
If a legislation to preserve public health can be enforced in this abusive way, how
much worse can this new Anti-Terror Bill be for all its questionable provisions?
work stoppage, industrial or mass action, and other related exercises in civil and
political rights, there are risks with how the executive branch leaves the powers to
cope with terrorism. If violated, every administration's opponents will use the statute
terrorist as one who participates in any actions designed to inflict harm, harm, or
endangers a person’s health, acts that cause significant harm to a government or
public building, public places or private assets, or acts that cause extensive
transmit panic.
terroristic must have motive and intention taken together and defined. Those
deemed to be guilty, not by any one but by a qualified judge, shall be guilty of
committing terrorism and shall incur the punishment of life imprisonment without
protected. As long as the exercising of the rights may not plan to harm or hurt a
citizen and risk his life or jeopardize public protection, so it is always considered
acts of terrorism.
VII. RECOMMENDATIONS
trauma, anxiety, anger and hate, dominated and still dominating most of our daily
lives.
Indeed, the reforms in the anti-terror law is rooted on the ideal that it may
replace the old ways into a better one. There is no problem with the rules and
transparency and accountability, but the problem lies on the personalities behind this
that was driven by their personal greed and selfishness. An ideal world is difficult to
attain because the pursuit for power and wealth will forever be there. Rooted in
history, as seen in the wars that our country passed, there will always be difficulties
in handling such negative characters. The ability to foresee, capture negativities and
achieve a perfect world, however, remains promised. This is not to discourage the
people to give their full trust to the government, instead, to allow them to be aware
extremism in jails and successfully reintegrate terrorism prisoners. However, the lack
of awareness of the extent of the issue led several policymakers to adopt rushed
achieved to enhance critical facilities, programs and workforce skills and draw on
required to improve our awareness of the triggers and solutions to the issue at hand.
known to deter multiple forms of reoffending often relate to this. It is crucial to note
that it faces distinct threats, requirements and obstacles that involve tailor-made
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