BACSA, SYLVIA ANTHEA D.

GEDO101

Section 6

Anti-Terrorism Law and the Restriction of Human Rights

Last July 2020, Philippine President Rodrigo Duterte signed into law the Republic Act No. 11479,
otherwise known as the Anti-Terrorism Act of 2020. According to the Official Gazette, this law seeks to
prevent, prohibit, and penalize terrorism. In addition to this, the Act rescinded the Republic Act No. 9372 also
known as the “Human Security Act of 2007”. The Act defined terrorism as committed by any person who,
within or outside the Philippines, regardless of the stage of execution engages in in acts intended to cause death
or serious bodily injury to any person, or endangers a person’s life; extensive damage or destruction to a
government or public facility, public place or property; extensive interference with, damage or destruction to
critical infrastructure; develops manufactures, possesses, acquires, transports, supplies or uses weapons,
explosives or biological, nuclear, radiological or chemical weapons; and release of dangerous substances, or
causing fire, floods or explosions.

Regardless of what the act has mentioned regarding terrorism, under Section 1, Article III of the Bill of
Rights in the 1987 Constitution of the Philippines, says that no person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be denied the equal protection of the laws. President
Duterte certified the bill as “urgent” and that the issue with terrorism creates and the need for law enforcers to
effectively respond is needed, the fact that the said law is quite alarming in a variety of ways. In accordance
with this, this paper strongly believes that the Anti-Terrorism Act of 2020 may affect not just the individuals
and organizations but also the basic human rights of the people in a way that it further threatens the safety of
human rights defenders, the essence of activism for a better normal is neglected, and that it punishes the
intention, not the criminal acts.

Here are some counter- arguments regarding to my stand about Anti-Terrorism law. With the Anti-
Terrorism Law, people can be in peace and in order. Through this kind of law, the public can be aware of their
actions and wrongdoings. Once this law was passed, they, (the people), will be limited not only in their actions,
but also in their wrongful thoughts, deeds, etc.

According to Wikipedia, sources gotten from Human Security Act and Anti-Terrorism Act, before the
anti-terrorism law was proposed by our current president, Pres. Rodrigo Roa Duterte, Ex-Pres. Gloria
Macapagal Arroyo proposed other laws like this kind of law, the Anti-Terrorism Law. This kind of law, signed
into law by President Gloria Macapagal Arroyo and effective since July 2007, was known as the Human
Security Act. Its official goal was said to be tackling militants in the southern Philippines, including the Abu
Sayyaf group, which has links to al-Qaeda and has been blamed for bombings and kidnappings in the region.
Under this law, three days of warrantless detention are authorized, although arresting officers are obliged to
immediately inform a judge about the arrest. Furthermore, detained terrorists are entitled to see a lawyer, a
priest, a doctor, or family members. The law allows eavesdropping on suspects as well as access to bank
accounts for authorities. Convictions could result in 40-year prison sentences, but compensations are provided
for in case of miscarriage of justice. Terrorism was defined by Section 3 as "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", a formulation criticized by Wilson Fortaleza, national president and third nominee of the
labor party-list group Sanlakas, who claimed the law could be used to crush political dissent.

There are also laws passed with the same goal as to the Anti-Terrorism Law in the Philippines. There are
certain laws that tackle rebellion and terrorism in countries like Europe, Indonesia, the US, etc. It is said that if
one will pass this kind of laws, democracy would be endangered and would be diminished because people’s
rights are neglected, but in fact, this kind of laws are made to ensure the safety and security of the public. We
are talking about terrorism in a sense where terrorism itself is a creation of a widespread and extraordinary fear
and panic to the public or among the said populace in the said community/ country. One cannot easily capture
or arrest one accused rebel or terrorist if unless he/she managed to create havoc and fear to the said populace.
Therefore, not many human rights are neglected and are destroyed.

Rebellion and terrorism increase per year. Therefore, we need this kind of laws to limit this kind of
events or scenarios plus crimes that can destroy the image of one’s country and can also endanger one’s life,
property, and rights in a society.

On the other hand, let us proceed to the arguments. First is under Anti-Terrorism Law, people may be
seized without a warrant and detained for a couple of weeks preceding to appear before a judge. Apart from the
law being broad enough to allow the detention of people for posting critical comments about the government on
social media, it also makes it a criminal offense to commit activism through speeches, proclamations, banners,
and writings which leads to further restriction of the freedom of speech, expression, and of the press (Section 4
Article III of the Bill of Rights). According to the Cambridge Dictionary, activism refers to the use of direct and
public methods to try to bring about especially social and political changes that human rights defenders and
others want. Activism is always linked to terrorism even though both terms are obviously different from each
other.

According to Monitor Tracking Civic Space, human rights defenders have been killed or arrested in the
last few months, as well as media repression and red tagging of celebrities occurred. In recent months, various
Human Rights defenders were attacked. Last August 2020, Randall Echanis, aged 72, activist and land rights
defender, was brutally killed inside his home in Quezon City acquiring multiple stabs and gunshot wounds in
his body. He had also been active in opposing the anti-terrorism law when it was still a bill. Apart from that,
human rights activist Zara Alvarez, aged 39, was also slain in the streets of Sta. Maria in Bacolod City also last
August 2020. She was already receiving death threats for more than a year before she died. Alvarez was the
former campaign and education director and paralegal in Negros for human rights group “Karapatan. After the
killing of Alvarez, other activists in Negros also received various death threats saying, “you’re next”.

Second, since linking activism to terrorism is rampant, the essence of activism for a better normal is
being neglected. Little did others know, campaigning for a fair social structure will bring benefits not just for
the activists but also for the good of others. Activism boosts every life's sense of control and counteracts
helplessness and hopelessness. Apart from that, in terms of Politics, activism had played a major role in a
society like ours. Activists can push, demand, and protest for change that any politician may support but lacks
the power to implement. According to NCBI, people seem to be happier and satisfied with their lives when they
engage themselves with others and work together to improve the functioning of society. Aside from that,
activism was positively associated with participants’ well-being (Klar and Kasser, 2009).

An article from the Philippine Daily Inquirer was published last March 2019 where it promotes
understanding activism. The said article clearly highlighted how activism made a way for people to experience
their rights today. Citizens’ right to vote, labor rights, access to basic social services, and the rest of the rights
that people are experiencing came from activists. People become activists because they acknowledge something
is lacking so they strive to address it. Activists were always stereotyped as people who would always complain
and attack the government, but the truth is, they would often carry out alternative solutions.

Under the anti-terror bill, the mere intention is being punished whereas it is contrasting to what Human
Rights Lawyer Carlos Zarate has said in penal law. Zarate said it is the criminal act that is being punished.
According to him, the stages of the commission of the crime such as attempted, frustrated, or consummated
where profundity of the penalties differs. He also added that the law enforcers are the ones who shall determine
“the intention of the supposed terrorist acts.” In connection with this, since law enforcers are responsible for
deciding whether an individual is a terrorist or not, some law enforcers are not executing this well. Apart from
that, the law also covers that recruitment to and membership in a terrorist organization is punishable by life
imprisonment without the benefit of parole.

Lastly, in an article published by CNN Philippines last July 2020, there were 11 activists arrested in
Laguna Anti-Terrorism Law protest. The youth group said that suspected members of the military suddenly
approached and arrested the protestors while they were about to leave the area. Chairperson of Kabataan
Partylist, Justin Umali, stated that the bill was not still enacted yet the law enforcers were very inadequate to the
activists. In addition to this, since the law covers that recruitment to and membership in a terrorist organization
is punishable by life imprisonment without the benefit of parole, it will be unfair for those people who were
only forced to join the NPA. According to Philippine Daily Inquirer, some students at the University of the
Philippines (UP) and the Polytechnic University of the Philippines (PUP) in Laguna are being forced to join the
New People’s Army (NPA) which was revealed from testimonies of 20 former rebels who surrendered to the
authorities. According to Chief Supt. Edward Carranza, director of the Police Regional Office in
CALABARZON, they involve in the region and then threatened afterward by the NPA that the military and
police operations will target them if they return to the urban area. Ka Ruben, the leader of the NPA surrendered
also mentioned that the students were being forced to join the movement out of fear.

In conclusion, to end all these, I am more on the side of negating Anti-terrorism law to be passed as a
law because of the said arguments at the top. If there are existing laws on how to tackle rebellion and terrorism,
then it sure is already enough for the public to carry on. I always stand on the fact that our human rights end
when the human rights of others start. We must not focus on only ourselves. It is true that some of the parts of
the Anti-Terrorism Law are open or left to be hanged; to be debatable in a sense; but I believe we can carry it
out, (our judicial prosecutions), without the additional law to be passed and practice to.

References:

Aspinwall, N. (2020, July 10). After Signing Anti-Terrorism Law, Duterte Names His Targets. Foreign policy.
https://foreignpolicy.com/2020/07/10/philippines-law-terrorism-duterte/

ATTACKS, RED-TAGGING OF ACTIVISTS IN THE PHILIPPINES PERSIST AS UN FAILS TO

SUPPORT INVESTIGATION. (2020, October 29). Https://Monitor.Civicus.Org/Updates/2020/10/29/Attacks-
Red-Tagging-Activists-Philippines-Persist-Un-Fails-Support-Investigation/.
https://monitor.civicus.org/updates/2020/10/29/attacks-red-tagging-activists-philippines-persist-un-fails-
support-investigation/

Balmes, D. (2019, March 10). An invitation to understand activism. Inquirer.Net.

https://opinion.inquirer.net/120045/an-invitation-to-understand-activism

Kasser, K. (2009, September 9). Some Benefits of Being an Activist: Measuring Activism and Its Role in
Psychological Well‐Being. Political Psychology. https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-
9221.2009.00724.x

Mccarthy, J. (2020, July 21). Why Rights Groups Worry About the Philippines’ New Anti-Terrorism Law.
Npr.Org. https://www.npr.org/2020/07/21/893019057/why-rights-groups-worry-about-the-philippines-new-
anti-terrorism-law
Ogbar, J. (2016, February 8). Activism Is Politically Essential to Society. The New York Times.
https://www.nytimes.com/roomfordebate/2016/02/08/can-activists-be-politicians/activism-is-politically-
essential-to-society

Position Paper on the Anti-Terror Bill (SB 1083/HB 6875) by Faculty Members of the UP Department of
Political Science. (2020, June 5). UPD POLSC. https://polisci.upd.edu.ph/position-paper-on-the-anti-terror-bill/

Republic Act No. 11479. (2019, July 22).

Https://Www.Officialgazette.Gov.Ph/Downloads/2020/06jun/20200703-RA-11479-RRD.Pdf.
https://www.officialgazette.gov.ph/downloads/2020/06jun/20200703-RA-11479-RRD.pdf

S.B. No. 3435. (n.d.). Http://Legacy.Senate.Gov.Ph/Lisdata/1243911097!.Pdf.

http://legacy.senate.gov.ph/lisdata/1243911097!.pdf

The Importance of Activism during a Crisis. (n.d.).

Https://Culture.Miami.Edu/Blog/Importance-of-Activism/Index.Html.
https://culture.miami.edu/blog/importance-of-activism/index.html

Tiawary, A. (2020, August 12). Deconstructing the Philippines’ New Anti-Terrorism Law. Jurist.Org.
https://www.jurist.org/commentary/2020/08/kanak-mishra-philippines-anti-terrorism-law/