FAQs on Duterte's Anti-Terror Law

ATB

Jul 1

Written By

What is the Anti-Terror Law?

Recently, the Philippine Congress passed their respective senate and house bills of the “Anti-Terrorism Act of 2020” or what is commonly referred to as the Anti-Terror Bill (ATB), which, if enacted into law, will replace existing anti-terrorism legislation (RA 9372 or the Human Security Act of 2007). With the HSA 2007 and the Revised Penal Code, there is sufficient law to effectively prosecute acts of terror.
This new bill will make definitions of “terrorism” even more broad and vague than what has already been previously criticized in existing law, opening the door to abusive interpretations and subjective discretion. It criminalizes “terroristic intent”, which is also subject to abuse as no reliable standard exists to prove one’s “intent”.
This new bill also removes safeguard provisions in existing law that enforces accountability of unfounded charges or misconduct by the government or its state security forces (police and military).

But I’m not a terrorist, why should I be worried?

Under the bill, you can be suspected of terrorism if you commit, to any degree--or intend to commit--acts that cause or create “intimidation of the public, promotion of messages of fear, intimidation of the government, destruction or destabilization of the economy, politics, and society, to create public emergency and undermine public safety”. By this definition, worker’s strikes/pickets or public protest actions could be interpreted as “terrorism”.
You might also commit terrorism “by means of speeches, proclamations, writings, emblems, banners or other representations of the same”. Does that mean speaking at a rally or giving a presentation to a class or holding a sign or posting a meme or video? Who knows, because under this new bill, the government is given the discretion to interpret “terrorism” on their own.

But the government says our civil and political rights will be protected in the bill?

While the bill does state that “advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights” will be protected, these acts are still subject to the problematic caveat that they’re not done with the intent to cause fear, intimidate the government, or destabilize the economy or undermine public safety, which can be easily interpreted against the suspect.

But terrorism is real, shouldn’t we still be concerned about National Security?

Not at the risk of our civil, political, democratic or human rights! Provisions in the bill will allow the creation of a presidentially appointed Anti-Terrorism Council, who will have the authority to designate terrorism suspects and empower police and military to conduct warrantless arrests and detain suspects for up to 24 days (8x longer than current law allows) without any formal charges or before they’re brought to a judicial authority. Surveillance of a suspect’s personal information, bank records, or private communications can be conducted without their knowledge for up to 90 days!
This bill violates our rights to due process, trial, or privacy, and threatens to discourage the practice of our freedoms of speech, expression, and assembly. The current UN expert on defending human rights while countering terrorism says that “Security and Human Rights are not at odds with each other, in fact, they are bound together”. Tackling national security can and must be done while respecting our guaranteed rights and freedoms!

Well, that law won’t apply to me here in the United States!

The bill does intend to include Filipinos and others outside the Philippines in the bill. We know that the Philippine National Police has built partnerships with Philippines consulates in different American cities, and intend to build relationships with local law enforcement agencies through their Global Police Community Relations efforts. Filipino Americans have already been targets of smear campaigns for their rights advocacy and activism against government corruption or repression, so news of local outposts of the PNP raises major concerns and questions of their intention to monitor critical Filipinos in the US.

But the bill is as good as law, right? There’s nothing we can do now!

No, the bill can be signed or vetoed (in whole or in part) by President Duterte, or else it lapses automatically into law by July 9th (in the Philippines)!
The Malaya Movement is currently collecting signatures to demand President Duterte to immediately veto the Anti-Terror Bill to be sent to Malacañang by Tuesday, July 7th.
You can contact your local legislators to speak out against the bill by tweeting their condemnation and using #JunkTerrorBill, or by releasing an official statement.
You can still speak out online and get others to learn about the dangers of the Anti-Terror Bill, and share the petition!
Join a protest action near you!

It’ll be law no matter what. We should just accept it!

No, the fight is not over if this bill lapses into law on July 9th (July 8th U.S. time)! There are already plans for opposition in the congress to file petitions to the Philippine Supreme Court, questioning the bill’s constitutionality and its violations of civil and political rights. There are also legislators who may call for the law to be repealed!
People united in a common goal have power! The Filipino People, when it wielded the strength of unity, ousted Philippine Presidents Marcos and Estrada for rampant repression and corruption, and the Anti-Terror Bill can also be defeated. Join your local Malaya Movement chapter and help us defend democracy and freedom in the Philippines!