MANILA, Philippines — Human rights group Karapatan on Tuesday called on the Department of Justice to recommend the veto of the proposed Anti-Terrorism Act of 2020, which is feared to infringe on people’s basic rights and fundamental freedoms.
In a letter addressed to DOJ Secretary Menardo Guevarra, Karapatan Secretary General Cristina Palabay said the controversial anti-terrorism bill “can potentially further constrict the democratic and civic spaces in the Philippines and can have an immense impact on the rights and civil liberties of human rights defenders and citizens.”
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DOJ, which was tapped to review the controversial anti-terrorism bill, is expected to submit to President Rodrigo Duterte its comments on the proposed measure on Wednesday.
Karapatan stressed in the letter that the “already vague and overly broad” definitions of terrorism and acts of terrorism threaten the people’s rights to exercise freedom of expression, assembly and association, to seek redress of grievances and to participate in public affairs.
“Mr. Secretary, we are not assured with the supposed safeguard in this section on the non-inclusion of advocacy, protest, dissent, work stoppage, industrial or mass action, and other similar exercises of civil and political rights among the acts of terrorism for the simple reason that at least 619 of those who conduct such actions are in jail as political prisoners,” Palabay said.
“They are facing fabricated criminal charges for conducting advocacy and expressing dissent, yet their work and advocacies are criminalized. With the Anti-Terrorism Act of 2020, we believe this situation will further worsen,” she added.
Karapatan also documented at least 308 extrajudicial killings and 439 frustrated killings of civilians and human rights defenders accused by government officials as members of rebel groups.
Violations on right to due process, right vs arbitrary detention
The rights monitor also said the provisions on the proscription of terrorist organizations or a group of persons, freezing and forfeiture of funds, bank accounts and assets, and surveillance of individuals suspected as terrorists have gross implications and transgressions on the right to due process and the right to privacy.
It also sounded alarm over the detention without charge of up to 24 days and the creation of Anti-Terror Council—a body composed of presidential appointees that could order warrantless arrests of individuals it deems as terrorists.
“Even with current laws on torture and against illegal or arbitrary arrests and detention, Karapatan has documented at least 214 victims of torture, 2,567 victims of illegal or arbitrary arrests and 832 victims of illegal or arbitrary detention,” Palabay said.
Palabay said the justice department cannot ignore the “loud and justified public clamor” against the proposed legislation.
“We ultimately believe terrorism can be addressed, not through a defective militarist approach that our State forces employ, but through the pursuit of a just and lasting peace, through tackling the roots of the problems of social injustice and inequality, and through genuine respect for people’s rights,” she said.
Palace: Duterte ‘inclined’ to sign anti-terror bill
Last week, Congress transmitted the enrolled copy of the controversial bill to Malacañang.
Duterte—who certified the bill as urgent—can sign it, not act on it for 30 days and allow it to lapse into law or veto it. Presidential spokesperson Harry Roque said the chief executive is “inclined” to sign into law the anti-terrorism bill.
DOJ’s Guevarra said he is confident the president will wait for the agency’s comments before acting on the proposed measure.
“We are drafting our comments today and will send our internal communication to the Office of the President tomorrow,” he said. — with report from Kristine Joy Patag