Civil society organisations and activists are concerned that the Philippines’ recently-passed Anti-Terrorism Act of 2020 (Senate Bill No. 1083) will lead to a crackdown on freedom of expression and the right to peaceful assembly. The Anti-Terrorism Act 2020 builds on prior legislation in order to provide law enforcement with wide-ranging powers to arrest, detain, and conduct surveillance on terror suspects.
In a press release from late February, the Filipino senate hailed the bill as a vital piece of legislation that would strengthen the protection against terrorism, prolong sentences, and expand the scope of police powers. The new bill, which first received approval in the Senate on 26 February 2020, would repeal the state’s Human Security Act and replace it with a “strong legal backbone” to effectively expand the strength of the country’s response to terrorism.
On 29 May 2020, the bill received approval at the committee level after President Duterte stressed its urgency and called for it to be fast-tracked through the House of Representatives. Duterte’s congressional supporters then voted to pass the bill on the 3 June 2020, subsequently sending it to Duterte to be signed into law.
Members of the opposition were quick to speak out against the bill, describing its approval as a fundamentally dangerous development that may lead to a complete erosion of civil liberties and freedoms in the Philippines. Chel Diokno, chair of the Free Legal Assistance Group, said, “we should be worried because the moves in Congress to railroad a new Anti-Terrorism law endanger our basic rights and freedoms”.
While the Anti-Terrorism Act suggests a new urgency in the government’s approach to fighting terrorism, President Duterte has consistently argued in favour of taking a hard line against terrorism. Human rights groups and international organisations, on the other hand, have drawn attention to the ways in which the Philippines’ approach to counterterrorism is overbroad and arbitrary.
After the Human Security Act was passed in 2007, the UN Special Rapporteur on Human Rights and Fundamental Freedoms identified several areas of concern with the new bill. The Special Rapporteur highlighted that the bill contained an overly-broad and vague definition of terrorism that could invite potential government abuse. A 2007 Human Rights Watch article warned of the bill’s redefining offences such as vandalism, arson, and forms of protests as acts of terrorism that could result in a 40-year sentence.
THE IMPACT ON FREEDOM OF EXPRESSION AND ASSEMBLY
Over a decade after the ratification of the Human Security Act, activists are once again criticising the Philippines for putting forward another piece of draconian legislation that could permanently restrict freedom of expression and further weaken what some would deem an already fragile civil society.
The most controversial provisions of the bill would allow warrantless arrests, 14-day detentions of terror suspects, and extensive surveillance of suspects via wire-tapping and recording private conversations. The bill further allows courts to impose a sentence of lifetime imprisonment on those who facilitate terrorist acts. Given the overly-broad definition of terrorism in the bill, critics are particularly concerned that the Act could enable law enforcement to effectively label protestors, dissenters, or political activists as terrorists.
Local activists and lawyers are similarly concerned that the government might use the new law to quash any form of dissent in the country. Human rights lawyer and scholar Antonio La Viña responded to the recent developments by issuing a warning that the new bill would provide law enforcement with far-reaching powers that could see activists or protestors under government surveillance for acts such as liking the social media posts of people deemed terrorist threats under the new law.
Using the hashtag #JunkTerrorBill, activists are also using social media to speak out against what they believe to be a devastating blow to freedom of expression. Highlighting the detrimental impact of the new bill on freedom of expression, the advocacy group Defend UPLB warned in recent petition that “under this law, press freedom is a terrorist act”.
Now that both houses of Congress have passed Bill No. 1083, President Duterte has the power to either veto or sign it into law. Without action, the Anti-Terrorism Act 2020 will become law in the Philippines 30 days from 9 June 2020.
Emelie is a recent graduate in International Politics and Law from Middlesex University. She is currently active as a Community Campaigner for Action Aid UK while also working as a volunteer for the non-profit, The Circle NGO. Her research interests include women in international law, humanitarian law, and gender and security.