Anti-Terrorism Act of 2020


The Anti-Terrorism Act of 2020, officially designated as Republic Act No. 11479, is a Philippine law whose intent is to prevent, prohibit, and penalize terrorism in the Philippines. The law was signed by President Rodrigo Duterte on July 3, 2020 and effectively replaced the Human Security Act of 2007 on July 18, 2020.
The law's constitutionality is currently being challenged in the Supreme Court by multiple groups.

Overview

Definition of terrorism

The Act defines terrorism as:
The law also creates a presidentially-appointed body, the Anti-Terrorism Council, which would designate the persons who could be arrested as "terrorists."
Because of other provisions of the law, these persons could be detained for up to 24 days, and would not be automatically compensated for wrongful imprisonment as they originally were under the Human Security Act of 2007.

Warrantless arrest

The law allows suspects to be detained without a judicial warrant of arrest for 14 days and can be extended by 10 more days, and placed under surveillance for 60 days, that can also be extended by up to 30 days, by the police or military. But an analyst argues that this provision is essential for counterterrorism to "allow more time for investigators to get valuable information from the terror suspect. A longer detention period can also provide ample time to facilitate interrogation. It can also incapacitate the suspected terrorist from wrecking havoc. Most importantly, longer preventive detention can lawfully hold suspect when usual criminal charges cannot be filed for some technical considerations."

Removal of safeguard against wrongful detention

The Anti-Terrorism Act of 2020 also removes a section under the Human Security Act of 2007 which is meant to safeguard against the wrongful accusation and detention of suspects. Previously, if a person imprisoned under the HSA were found to actually not be guilty, that person would be compensated for wrongful detention, with the cost "automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused."
Under the new law, a wrongfully detained person would have to file a suit against the government in order to get any renumeration for having been wrongfully accused.

Background

Branding of "rebel groups" in Philippine history

Conflicts with ideologically motivated groups, both armed and unarmed have frequently been labeled "terrorists," "rebels," and "bandits" throughout the Philippines' history.

Groups branded "insurrectos" during the colonial era and World War II

During the colonial era, forces fighting for Filipino independence, such as those under Diego Silang, Andres Bonifacio, Emilio Aguinaldo, and Macario Sakay were intentionally labeled "insurrectos" and "bandits" in order to de-legitimize and downplay their cause. In the 1930s, the Hukbalahap of the Partido Komunista ng Pilipinas was one of the most active guerrilla forces fighting for Filipino freedom during World War II, but it found itself in conflict with the newly independent Philippine government after the war, until it was effectively defeated in the 1950s.

Opposition groups during the Marcos administration

A new communist organization, the Communist Party of the Philippines, was formed in 1969, and although it was still small, the Philippine government used its formation to take advantage of the cold war red scare in the United States to increase the influx of defense support funds from the US. A 1968 Philippine senate investigation into the Jabidah massacre, in which Muslim recruits were supposedly massacred in Corregidor to prevent them from blowing the cover on a botched Military operation resulted in the rise of multiple secessionist movements in the muslim Majority areas in western Mindanao Island, including the Muslim Independence Movement, the Bangsamoro Liberation Organization. President Ferdinand Marcos cited the new communist and moro separatist movements among his reasons for declaring martial law in 1972, but also used his powers to "emasculate all the leaders" of the political opposition, allowing him to hold authoritarian power over the Philippines for more than two decades.
While martial law decimated the leadership of the political opposition, it radicalized otherwise "moderate" young people of the time, leading to the rapid growth of the Communist Party of the Philippines' New People's Army. In western Mindanao, the Moro National Liberation Front and the Moro Islamic Liberation Front became the dominant voice of Muslim separatism after the burning of Jolo in 1974. In northern Luzon, the murder of Macli-ing Dulag for his opposition to the Marcos administration's Chico River Dam project became a rallying cry which inspired the formation of militant groups such as the Cordillera People's Liberation Army.
On the other hand, the martial law saw the creation of human rights advocacy groups across the whole political spectrum, with civil society groups such as the Movement of Concerned Citizens for Civil Liberties and the Free Legal Assistance Group were joined even by church groups such as the National Council of Churches in the Philippines, Association of Major Religious Superiors in the Philippines, and Catholic Bishops' Conference of the Philippines, and by business groups such as the Makati Business Club, in actively fighting the proliferation of human rights abuses during the period.

Conflicts after 1986

After Marcos was removed from power through the mostly-peaceful People Power revolution of 1986, the Reform the Armed Forces Movement launched numerous coups to overthrow the government, while conflicts continued with the MNLF, MILF, CCP, and smaller groups like the CPLA. Ideological differences in the CCP resulted in various groups who rejected its adherence to Maoist orthodoxy splitting into more than a dozen smaller groups, including the Revolutionary Workers' Party of the Philippines.

Red-tagging

In recent years, international organizations including the United Nations, Amnesty International, and Human Rights Watch have called attention to the continued practice of red-tagging as a political tactic to stifle dissent in the Philippines. The practice, under which individuals or groups are labeled "communist" or "terrorist" regardless of their actual beliefs or affiliations, has been noted for frequently targeting human rights organizations, church or religious groups, health worker unions, the academe, and the mainstream media.

Religious extremist terrorism

Brothers Abdurajik Abubakar Janjalani and Khadaffy Janjalani split from the MNLF in 1991 and established their own group, the Abu Sayyaf, which eventually became infamous for bombings, kidnappings, assassinations, extortion, rape, child sexual assault, forced marriage, drive-by shootings, extortion and drug trafficking. On July 23, 2014, Abu Sayyaf leader Isnilon Hapilon swore an oath of loyalty to Abu Bakr al-Baghdadi, the leader of the Islamic State of Iraq and the Levant. In September 2014, the group began kidnapping people for ransom, in the name of ISIL.
However, in the leadup to the passage and signing of the Anti-Terror Act of 2020, President Rodrigo Duterte said that his administration would focus on "communists." He called the Abu Sayyaf "terrorists of no value," saying "Actually the number one threat to the country, hindi Abu Sayyaf, hindi mga terorista of no value. Itong high-value targets itong mga komunista"."

Legislative history

Human Security Act of 2007

The Anti-Terrorism Act of 2020 repeals the Human Security Act of 2007, making changes to some of the provisions as well as the definitions under terrorism. Senator Panfilo Lacson, one of the principal authors of the Anti-Terrorism Act of 2020, said that the Human Security Act of 2007 was a "dead letter law" because it has been "severely underutilized" as it only resulted in a single convicted felon and had only one prescribed organization, the Abu Sayyaf.

Senate Bill No. 1083

The bill was prepared by the Commitees on National Defense and Security; Peace, Unification and Reconciliation; and Finance with the following as authors:
It was approved by the Senate on February 26, 2020 with the following 19 voting in the affirmative:
The following senators dissented:
The bill was introduced by the following representatives and filed on May 30, 2020. Out of the 71 original authors, 15 members had their names stricken out as the authors of the controversial bill. The bill was approved on final reading on June 3, 2020 as an adoption of the earlier version approved by Senate. An additional 5 withdrew their authorship afterwards.
The House of Representatives voted 173–31 in favor of the bill, with 29 abstentions, but was corrected to 168–36 a day after to reflect corrections and retractions from members. The members voted in the plenary and via Zoom and recorded in their "All Members" Viber community

Republic Act No. 11479: Signing of the law

The law was signed by President Rodrigo Duterte on July 3, 2020, in the midst of the ongoing COVID-19 pandemic and comes as part of the Philippines continued fight against terrorism in its borders. Proponents of the law have cited the siege of Marawi in 2017 as well as criminal activities activities from the Islamic State-linked Abu Sayyaf group, New People's Army Communist Rebels, and other supposed emerging threats to peace and public safety. The law took effect on July 18, 2020, 15 days after it was published in the Official Gazette. An implementing rules and regulations is yet to be drafted within 90 days.

Responses and reactions

International

United States

On July 15, 2020, at least 45 representatives of the United States Congress have called on the Philippine government to immediately repeal the controversial bill.

United Nations

On June 30, 2020, at the 44th regular session of the UN Human Rights Council in Geneva, Switzerland. The UN High Commissioner for Human Rights Michelle Bachelet has criticized the then proposed bill saying it could have a "chilling effect" on human rights work in the country and called for restraint on signing the bill from President Duterte.

Amnesty International

Nicholas Bequelin, Amnesty International's Asia-Pacific Regional Director, has said upon hearing news of the law being signed:

Greenpeace

The Southeast Asia office of Greenpeace urged the repeal of the Anti-Terrorism Act of 2020 due to its "sweeping definition of terrorism" which it said could be abused to stifle dissent.

Others

The Washington Post called the bill's enactment as "another nail in the coffin of the Philippines' waning democracy." The Diplomat has stated that the law "takes aim at dissent." While Al Jazeera notes that the law is "poised to cause more terror." Various international artists have expressed dissent against the legislation.. Greta Thunberg, the teenage Swedish environmental activist who became famous for a school "climate strike", has joined the petition against anti-terrorism law.

Local

Bangsamoro Autonomous Region in Muslim Mindanao

On July 2, 2020, the Bangsamoro Parliament passed a resolution urging President Rodrigo Duterte to veto the antiterrorism bil, arguing that it would lead to abuses and would unfairly target Muslim Filipinos who have historically faced religious discrimination. After the passage of the bill into law, Chief Minister Murad Ebrahim released a statement saying that Bangsamoro regional government fully respects President Duterte's decision to sign the bill into law and that it would seek representation in the Anti-Terrorism Council. In response, presidential spokesperson Harry Roque pointed out that the law does not provide for a council seat for the Bangsamoro regional government although the same law mandates the council to coordinate with the autonomous region's government.

Legal challenges in the Supreme Court

The law is currently being challenged in the Supreme Court by multiple groups.
As of July 24, 2020, there are 18 petitions according to the Supreme Court's PIO list:
More than 1,000 students and human rights activists gathered inside the UP Diliman campus on June 12, 2020, coinciding on 122nd Independence Day from Spanish colonial rule. They called for the government to "junk" the proposed bill stating fears that it would curtail basic human rights and freedom of speech and dissent. The rally was held despite a government ban on mass gatherings under the general community quarantine in Metro Manila and other parts of the country because of the pandemic. Protesters could be seen wearing masks and practicing social distancing. Similar demonstrations were held by activists in various cities such as Baguio, Legazpi, and Cebu City. Demonstrations were also held at other universities such as the De La Salle University in Manila.

Churches and religious organizations

The National Council of Churches in the Philippines, a fellowship of ten Philippine Protestant denominations, denounced the bill as "a travesty against God's will as it gives the government, or even just a few persons in the Anti-terrorism Council, the absolute power that determines what course people's lives will take by putting forward a very vague definition of terrorism." The Philippine Council of Evangelical Churches had likewise expressed reservations about the bill, saying "We firmly believe this Act imperils the rights of Filipinos and sense of dignity which, having its origin in God, our laws are called to uphold and protect." The PCEC specifically cited "vague definitions of terrorism, and the extended period of warrantless detention, which opens the way to serious abuses of a person's rights and dignity" as reasons for concern.

Others

The National Federation of Peasant Women have said that the rising cases of red-tagging in the country confirm the prevalent criticisms against the controversial legislation. The Association of Major Religious Superiors in the Philippines, which brings together the heads of men and women religious orders in the country, have expressed their dissent against the law, which they say may "assault human dignity and human rights." Various Filipino artists have also expressed disappointment and dissent against the signing of the bill. Members of the Filipino art community have also expressed their dissent. But Dr. Rommel C. Banlaoi, Chairman of the Philippine Institute for Peace, Violence and Terrorism defends the need to have a new Philippine anti-terrorism law as threats of terrorism in the Philippines have escalated even during the COVID-19 pandemic. Nonetheless, Dr. Banlaoi encourages those opposed to the anti-terrorism law to continue what they are doing in order to remain vigilant and to ensure human rights protection during the implementation of the said law.