The AntiTerrorism Act:

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The Anti-Terrorism Act
Recipe for Undeclared Martial Law
Presentation on the Human Security Act of 2007
BAGONG ALYANSANG MAKABAYAN - (BAYAN)
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On February 8, voting 16-2, the Senate passed on
final reading the Anti-Terrorism Act,
euphemistically titled, the Human Security Act of
2007.
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Timeline

• The Senate version was ratified by both chambers
  of Congress - Senate and Lower House - in a
  special session called by President Gloria
  Macapagal Arroyo.
• On March 6, Arroyo signed the bill into law. The
  Human Security Act was to take effect two months
  after the May 14 elections.

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Timeline

• The law is set to take effect on July 13, 2007

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What is the Human Security Act?

• It is a law that DEFINES and PENALIZES terrorism

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What is terrorism?

• As understood by the public
• As defined by government
• As understood by human rights advocates

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What is terrorism?

• At the core of the issue is the definition of
  terrorism.
• The so-called need for an anti-terror law is
  borne out of the alleged problem of terrorism
  e.g. the Abu Sayyaf Group (ASG), the Jemaah
  Islamiya (JI), Al Qaeda etc.

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What is terrorism?

• The Human Security Act defines terrorism as the
  commission of crimes (rebellion, murder,
  kidnapping, hijacking etc.) that sow or create 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

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What is terrorism?

• There is also the new crime of conspiracy to
  commit terrorism when two or more persons come
  to an agreement concerning the commission of the
  crime of terrorism and decided to commit the same

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What is terrorism?

• COMMISSION OF CRIMES punishable under the Revised
  Penal Code or under other laws and presidential
  decrees such as piracy, rebellion, coup d etat,
  murder, kidnapping and serious illegal detention,
  crimes involving destruction, arson, hijacking,
  illegal possession of firearms and explosives,
  etc

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What is terrorism?

• SOWING OR CREATING A CONDITION OF
• WIDESPREAD
• EXTRAORDINARY
• FEAR AND PANIC
• AMONG THE POPULACE

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What is terrorism?

• TO COERCE GOVERNMENT
• TO GIVE IN TO AN UNLAWFUL DEMAND

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What is terrorism?

• The definition is too vague and overbroad
• Who defines such terms as widespread,
  extraordinary, panic, populace, unlawful
  and so on?
• With this definition, the law can be easily abused

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What is terrorism?

• Terrorism is becomes a new catch all crime with
  almost anything falling under the new definition
• Terrorism under the HSA definition is not limited
  to the ASG, JI, Al Qaeda. Even legitimate dissent
  can be interpreted as terrorism
• Potential for abuse by the Arroyo government is
  immense.

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What is terrorism?

• Even the international community has yet to agree
  on a definition of the crime of terrorism

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What is terrorism?

• For human rights advocates, terrorism can be
  loosely defined as the use of extreme violence
  against civilians
• Also with political dimension
• Concept of state terrorism as practiced by
  Arroyo government, Bush government

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What is terrorism?

• Human rights violations under the Arroyo regime
  include more than 800 victims of extrajudicial
  killings and almost 200 victims of enforced
  disappearances
• Displacement of communities, indiscriminate
  bombing of civilian populations, massacres,
  repression

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Dangerous provisions

• Sec.18-19 - Warrantless arrests and prolonged
  detention without charges

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Dangerous provisions

• Warrantless arrests and prolonged detention
  without charges
• Allows warrantless arrests and detention without
  charges for more than 72 hours
• Arrest should be based on surveillance,
  inspection of bank accounts and upon orders of
  the Anti-Terrorism Council

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Dangerous provisions

• Warrantless arrests and prolonged detention
  without charges
• In the event of an imminent terrorist attack,
  suspect can be detained beyond 72 hrs upon
  approval of a judge or a Human Rights
  Commission
• Violates constitutional guarantee that detained
  persons should be charged within a maximum 72
  hours or be set free
• Very open to abuses

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Dangerous provisions

• Sec.26 Restriction on the right to travel

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Dangerous provisions

• House arrest
• If evidence is weak and suspect posts bail, he or
  she may still be put under house arrest
• While under house arrest, no access to phones,
  cell phones internet or other forms of electronic
  communication

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Dangerous provisions

• Sec. 7 - Surveillance

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Dangerous provisions

• Surveillance
• Law allows all forms of electronic and other
  forms of surveillance vs so-called terror
  suspects
• Loss of privacy, also open to abuse despite
  alleged safe guards
• Big Brother is watching

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Dangerous provisions

• Sec.17 - Proscription of organizations

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Dangerous provisions

• Proscription of organizations
• Allows govt to proscribe or outlaw organizations
• Dept of Justice can file a petition before any
  RTC
• Can be used to clamp down on legitimate
  organizations

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Dangerous provisions

• Sec. 27 - Bank accounts
• Allows inspection of bank accounts of terror
  suspects
• Inspection can also include related accounts
• Freezing of bank accounts of suspects

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Dangerous provisions

• Sec. 57 - Extraordinary rendition
• Allows terror suspects to be brought to another
  country to face interrogation, investigation and
  trial
• Only requires formal assurance from the
  requesting country that rights of suspect will be
  respected

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Dangerous provisions

• Sec. 53- Anti-Terrorism Council (ATC)

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Dangerous provisions

• Anti-Terrorism Council (ATC)
• Executive Secretary
• Justice Secretary
• Defense Secretary
• Foreign Affairs Secretary
• DILG Secretary
• Finance Secretary
• National Security Adviser

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Dangerous provisions

• Anti-Terrorism Council (ATC)
• Council is composed of the proponents of
  repressive measures such as PP 1017, CPR, EO 464,
  Oplan Bantay Laya etc
• ATC is the chief implementor of the HSA
• Functions include directing arrest of terror
  suspects, proscription of organizations, freezing
  of bank accounts, data base on terrorism

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Dangerous provisions

• Peace Process
• Proscription can be used against organizations
  such as the CPP-NPA-NDF, MILF and MNLF
• Will spell doom for the peace negotiations
  because organizations will be labeled terrorists

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State terrorism

• The purported cure is worse than the disease,
  tantamount to undeclared Martial Law
• Will aggravate state terrorism. Given the track
  record of the Arroyo government, the HSA will
  give more powers to a regime that has violated
  human rights with impunity

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State terrorism

• Should be taken in the context of current
  violations such as extrajudicial killings,
  enforced disappearances, filing of fabricated
  charges against govt critics

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State terrorism

• Part of US-led war on terror, passage of law was
  imposed by US government in exchange for support
  for unstable Arroyo government
• Shows puppetry of Arroyo to foreign interests
• Will be used for the survival of Arroyo
  administration, suppression of critics and
  legitimate peoples movements for national
  liberation and democracy

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State terrorism

• US war on terror already discredited worldwide
  especially after US invasion and occupation of
  Iraq
• War on terror used as a battle cry to justify
  US aggression and expansion worldwide

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State terrorism

• No less than RP Supreme Court Chief Justice
  Reynato Puno said that the mindless war on
  terror is to blame for many of the human rights
  violations in the country

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State terrorism

• In countries that have anti-terror laws, people
  are questioning abuses and provisions that
  violate civil liberties
• Some countries have reviewed and repealed some
  provisions of their existing terror laws

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But what about real threats?

• There are already existing laws that can be used
  to deal with so-called terror threats
• There is a need to seek long term solutions that
  address the social causes of these threats
  (poverty, injustice, rights abuses etc.)

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What can we do?

• Resist and defy state terror
• Expose and oppose rampant rights abuses
• Continue to assert our rights (assembly,
  association, freedom of speech etc.)
• Use available legal means to stop the
  implementation of HAS such as the repeal of the
  law, question the law before the Supreme Court
• Unite with other affected sectors in fighting the
  HSA

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What can we do?

• Many times before we have frustrated the worst
  designs of the administration that suppress basic
  rights. We can do so again.
• Our people have fought against the dark years of
  Marcos martial law and defeated the
  dictatorship. We shall do so again.

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