The Philippines’ New Anti-Terrorism Law: Weapon Against Terrorists or Dissenters?

The Philippines may soon get a new anti-terrorism law after the Senate approved amendments to the Human Security Act of 2007. The bill is still pending at the House of Representatives but the “super majority” led by President Rodrigo Duterte’s party is expected to vote for its passage after the resumption of Congress sessions in May.

Proponents of the measure said it will strengthen the fight against terrorism. “What we are avoiding here is to make the Philippines a safe haven for terrorists, because our law is too lenient and too weak,” said Senator Panfilo Lacson.

The law will allow law enforcement or military personnel to place individuals and organizations under surveillance, compel phone companies to divulge calls and messages, and arrest people without warrant and detain them for 14 days, which can be further extended by 10 more days.

Lacson said the 14-day reglementary period must be allowed because “terrorism is not an ordinary crime against persons or property, but a crime against humanity and its impact in terms of destruction of lives and property is very massive and very indiscriminate.”

The new measure includes provisions allowing courts to speed up the disposition of cases, like allowing the use of videoconferencing during trials. There is a new section on foreign terrorist fighters to cover Filipino nationals who commit terrorist crimes abroad. A previous provision that allows for the compensation of persons wrongfully detained has been removed in the proposed law, since law enforcement has long complained that it prevents them from using the law to charge suspected terrorists.

The Senate version introduced provisions imposing life sentences without parole on those who propose, incite, conspire, and participate in the planning, training, preparation, and facilitation of a terrorist act; as well as those who provide material support to terrorists, and recruit anyone to be a member of a terrorist organization.

Despite the harsher penalties compared to the current law, Senate President Vicente Sotto III assured the public that the measure has “sufficient safeguards that bar law enforcers from abusing the law and using it to persecute those who are perceived to be political enemies of the State.”

“Let me also assure our friends and allies critical of the government that this measure cannot be used to harass and silence them,” he added.

One of the so-called safeguards is the notification of the Commission on Human Rights in case of detention of a suspected terrorist.

But Senator Francis Pangilinan, who voted against the measure, warned that the amendments “are worrisome and could make the Human Security Act an even worse tool for repression, instead of an instrument for thwarting terrorists.”

He noted that the measure, if signed into law, would create a chilling effect at a time when “legitimate critics and democratic dissent are being attacked” under the Duterte government.

Pangilinan could be referring to the case of Senator Leila de Lima, who remains in detention on spurious drug-related charges. De Lima, an opposition legislator and vocal critic of Duterte, issued a statement rejecting the proposed law.

“The fight against terrorism should not lead us to grant the government the power to abuse our human rights and civil liberties. Our weapon against terrorists cannot be a weapon against our citizens.”

Meanwhile, activists and civil society groups are pointing out that the definition of terrorism in the current and proposed law is too vague and overbroad, meaning that a mere protest against a government policy could be tagged by authorities as a terrorist act. Karapatan, a human rights group, said the new law “will now embolden state forces to act with impunity and sow terror.”

Their fear is not exactly without basis since many activist groups have been accused by the government of supporting “communist-terrorist groups.” A state official even told media that activists and rebels are espousing the same political objectives.

For its part, the National Union of People’s Lawyers said the provision allowing for the immediate declaration of an organization as a terrorist or outlawed group with no opportunity for it to respond in a hearing is a serious threat to civil liberties.

Despite these concerns, the Duterte government is asserting that the law is an essential tool to preserve peace and order as it battles Asia’s longest-running communist rebellion on one hand and religious extremists operating in some parts of Mindanao on the other. It even believes that the law will improve the economy’s investment grade credit rating to A level and enhance the conditions for conducting business in the country.