Friday, July 27, 2007

The Controversial Anti-Terrorism Act

The Anti-Terrorism Act (Republic Act No. 9372 or the Human Security Act of 2007) is part of the global wave of fascist legislation and state terrorism generated by the so-called global war on terror under the Bush regime of the US government. On February 8, voting 16-2, the Senate passed on final reading the Anti-Terrorism Act, euphemistically titled, the Human Security Act of 2007. March 6, 2007, Arroyo signed the bill into law. And now the entire nation is debating about it.
Defining Terrorism
Section 3 of the terror law defines “terrorism” as an act of “sowing and creating 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.”What parameters would define the act of terrorism? It is quite vague and very confusing. The following crimes can fall under terrorism: piracy, mutiny, rebellion, insurrection, coup d’ etat, murder, kidnapping, serious illegal detention, arson, illegal possession of fire arms and explosives.
The said law initially would like to protect the people but on the other hand…it would definitely create fear. But honestly the said law could get really scary once it is abused…
How scary could it get? The said law is a clear violation of principles and standards of human rights-right to privacy and fundamental rights and freedom. It also sets aside due process and presumption of innocence.
On this post I divide the ATA violations into two categories:
-violation of right to rebel
-violation of human rights
Violation of Right to Rebel
From the Arroyo's side, these would be a definite threat mainly to the following:
-Communist Party of the Philippines (CPP)
-New People's Army (NPA)
-National Democratic Front of the Philippines (NDFP)
It is very obvious though that the above three are considered "enemies of the state". But on a deeper thought, the Arroyo regime violates the political offense doctrine that recognize and respect the right of the people to rebel against tyranny or oppression and the political integrity of the national liberation movements which were initially founded on the sufferings, demands and tears of the people.
Since the start of the Arroyo regime, violation of the right to protest has been evident. We've seen party list groups, human rights activists both religious and non religious being shoved away may it be with water or by force. Likewise the numerous media people who'd been murdered. Officers,even simple symphatizers and members of any organization that opposes the administration can be suspected of terrorism due to a plain conspiracy. They can be pressured,persecuted or punished. From here they could be easily arrested and detained. With the reality that in the near future, these can happen, the said law would serve as the "official punisher" and "berdugo of the leftists".
Violation of Human Rights
How does ATA affect us as ordinary people. Anybody can be merely suspected. And once you are eyed, the following could possibly happen:
Under Sec 19: "In the event of actual or imminent terrorist attack, suspects may be detained for 48 hrs without warrant."
Section 26 states:"Restriction in the right to travel- in cases where evidence of guilt is not strong and the person charged is...granted bail, the court shall...limit the right of travel of the accused to within the municipality or city where he resides. He or she may also be placed under house arrest by order of the court...While under house arrest, he or she may not use telephones, cell phones, emails, computers, the internet or other means of communications with people outside his residence until otherwise ordered by court."
Section 7: legalizes the surveillance of terror suspects. Authorities may intercept and record all communications of suspected terrorists and their alleged conspirators. Wiretapping and other forms of electronic surveillance need only the approval of any competent Regional Trial Court.
Under section 27: bank deposits, accounts, and records of suspected terrorists and their alleged conspirators may be examined by authorities.
Section 57: bans extraordinary rendition but actually authorizes it under certain conditions. The practice of "extraordinary rendition" allows terror suspects or vital witnesses to be rendered or transferred to a foreign government as part of investigations into terrorism.
They say "if your not guilty no need to fear..." Yet this creates a climate of fear for the entire nation and could be a definite start of the dark ages. It seems very clear that ATA is yet another form of undeclared martial law. And as one nation lets hope and continually pray that the said law though approved would not be abused and that the shadows of the past would not creep and stain its nails with blood...blood of the Filipinos...