Delivered during the International Workshop of National Counter-Terrorism Focal Points at the United Nations Headquarters in Vienna, Austria, October 12-13, 2009

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I thank you for this opportunity to share with you our experience in the Philippines with regard to the implementation of sixteen (16) universal conventions and protocols against terrorism. Let me submit that, in the Philippines, we have been successful in linking this anti-terrorism endeavor with our government’s strong adherence to the protection of human rights.

I shall aim to explain this further and discuss the following: the definition of terrorist acts under the Human Security Act and penalties for such acts; the basis of Philippine laws in addressing terrorism; the Principle of “No Safe Haven”; the new law on explosives; and the role of the Anti-Money Laundering Council.

In the past, the Philippines had suffered immensely in the hands of terrorists. Unknown to many, the Philippines ranks second, next to the USA, in the biggest number of fatalities caused by terrorism worldwide (not counting Iraq and other war-torn states). We are only talking here of jihadist terrorism, and we are not counting yet the fatalities perpetrated by communist insurgents, military adventurists, and other elements.

Because of this, our government continues to demonstrate its resolve to end the scourge of terrorism in our country. Terrorism, including its links with transnational organized crimes, such as money laundering, arms-trafficking and the production of and trafficking in illicit drugs, as well as illegal movements of nuclear, chemical, biological and other potentially deadly materials, forms part of a complex set of security challenges which have to be addressed urgently. The trans-boundary character of terrorism indeed calls for an enhanced cooperation among nation-states to fight them.

Cognizant of these major challenges posed by terrorists, the Philippine government subscribes to international conventions and initiatives against terrorism and participates in endeavors designed to strengthen international cooperation. As an active member of the United Nations, the Philippines is committed to prevent, suppress and counter all forms of terrorist acts.

These 16 universal conventions and protocols against terrorism have been developed under the auspices of the United Nations (UN). Between 1963 to 1999, the community of nations negotiated twelve (12) universal legal instruments dealing with civil aviation and aircraft security, prevention and punishment for crimes against Internationally Protected Persons, Convention against Hostage-taking, Physical Protection of Nuclear Material, Safety of Maritime Navigation, marking of plastic explosives, terrorist bombings, and suppression of terrorist bombing. In 2005 alone, four (4) additional obligations were contracted dealing with nuclear terrorism and amendments to the conventions on maritime security.

The Human Security Act and the creation of the Anti-Terrorism Council

To boost our anti-terrorism campaign and assist our efforts in fulfilling our UN obligations, Her Excellency President Gloria Macapagal-Arroyo signed into law Republic Act 9372 or the Human Security Act of 2007, the Philippine law that specifically penalizes terrorism. The title “Human Security Act” is derived from the goal or aim of the law, which is, to make the lives of the Filipino people safer and more secure. And this does not limit us in securing the Philippines alone.

Terrorism is a crime against humanity. When we fight terrorism in the Philippines, we also fight it in the international arena. If we protect the Philippines, we make the world a safer place. This is because terrorism is international in nature. To illustrate this, in the 9/11 bombings in the US, there were 44 different nationalities that were among the fatalities of this gruesome attack. Of the total 2,992 persons killed, 16 of them were Filipinos.

To effectively implement the Human Security Act, the Anti-Terrorism Council (ATC) was created. Under Section 53 of the Act, the ATC shall oversee the proper implementation of the HSA and assume the responsibility of the proper and effective implementation of the anti-terrorism policy of the country.

According to this law, the following acts constitute terrorism: piracy in general and mutiny in the high seas, rebellion or insurrection, coup d’etat, murder, kidnapping and serious illegal detention, crimes involving destruction or arson, toxic substances and hazardous and nuclear waste, piracy and highway robbery, and illegal possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or explosives.

Under the HSA, evidence must first establish the elements of the crime before one may be assessed as having committed terrorism and permit the law enforcers to use the provisions of the HSA.

Protection of Human Rights under the Human Security Act

The Philippines is a democratic country with the Constitution as the fundamental law of the land. As such, the ideals and mandates enshrined in the Constitution control and provide guidance to every government action, may it be legislation, implementation and execution of the laws, and judicial decisions. The Constitution gives a very high premium on the protection of human rights, and this may be found in the following:

1. The Protection of Basic Human Rights as enshrined in Article 2, Section 11 of the Constitution;
2. The Bill of Rights in Article 3; and
3. The Philippines being a signatory to a number of conventions and protocols on the protection of human rights. These are:

• A. International Covenant on Economic, Social and Cultural Rights;
• B. International Covenant on Civil and Political Rights;
• C. Convention on the Elimination of All Forms of Discrimination Against Women;
• D. Convention on the Rights of the Child;
• E. Convention on the Rights of Migrant Workers and their Families;
• F. International Convention on the Elimination of All Forms of Racial Discrimination; and,
• G. Convention on the Rights of Persons with Disabilities.

As mandated by law and the commitment of the Philippines to international conventions and protocols, four offices that focus on the protection of human rights are currently in existence, namely:

1. Commission on Human Rights;
2. Philippine Human Rights Center;
3. Task Force Usig; and
4. Task Force Against Political Violence and Media Killings (TF211)

The HSA addresses the problem of terrorism while upholding respect for human rights. The Philippines adheres to the principle that no law – not even one that helps us fight terrorism – must bypass human rights. The HSA acknowledges that human rights, as enshrined in our Constitution, are absolute and protected at all times.

In addition, several provisions in the HSA on detention of suspects, prohibition against torture, and duties and responsibilities of those enforcing the law ensure that the rights of suspected terrorists are upheld and protected.

In fact, many of our law enforcers – the police and military – were hesitant at first to implement the HSA because the penalties imposed upon erring officers are too harsh. According to our law enforcers, the HSA tends to favor the terrorists rather than help the law enforcers pursue these terrorists. But this is because when the law was being prepared, we were adhering to the conventions of protecting human rights.

The following provisions ensure that the rights of suspected terrorists are well protected:

-Section 50 provides that any person accused of terrorism who is later acquitted by the court shall be entitled to the payment of P500,000 in damages for EVERY DAY that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The payment of damages must be released within 15 days from the date of the acquittal. In addition, the award of damages shall be without prejudice to the filing of criminal or administrative charges against those responsible for the unproven charge. This provision was made to ensure that no law enforcer may commit mistakes or abuses, and to protect the rights of the suspected terrorists.

-Section 41 provides that persons whose properties are seized, sequestered or frozen, but who are later acquitted or the cases against them dismissed are entitled to P500,000 A DAY for the period in which their properties were seized, sequestered or frozen.

-Other sections of the Act – for instance Sections 11-16 and 35 – provide various penalties for acts committed by law enforcers in violation of the law. Most of these sanctions impose a penalty of imprisonment for a certain period of time.

As of August 2009, nine (9) terrorism cases have been successfully prosecuted resulting in the conviction of 46 individuals belonging to different terrorist groups. The persons killed due to terrorist bombings have significantly declined; from a high of 152 in 2004 the trend had gone down to 15 in 2005, 32 in 2008 and 14 in 2008. Also since 2001, the number of terrorists neutralized all over the country is a significant 955.

These successes in countering terrorism are notable considering that the country is strictly adhering to protecting human rights. Since the creation of the Anti-Terrorism Council and the active campaign of the government to combat terrorism, there has been no single complaint lodged against the government for any violation of human rights.

The Philippines strongly adheres to “No Safe Haven for Terrorists” principle (Extradition treaties with other countries)

Currently, the Philippines has extradition treaties with thirteen (13) countries, to wit: (1.) Australia; (2.) Canada; (3.) China; (4.) Hong Kong; (5.) India; (6.) Indonesia; (7.) Spain; (8.) Thailand; (9.) Micronesia; (10.) Switzerland; (11.) United States of America; (12.) United Kingdom, and (13.) South Korea.

The Philippines recently extradited Madhatta Haipe to the United States. Haipe was actively involved in the recruitment and indoctrination efforts of the Abu Sayyaf Group (ASG) linked with Al-Qaeda. He was also involved in the Lake Sebu kidnapping of Filipino-Americans who were on vacation at that time.

In addition, the Philippines entered into eight (8) bilateral treaties on Mutual Legal Assistance, specifically with: (1.) Australia; (2.) China; (3.) Hong Kong; (4.) South Korea; (5.) Spain; (6.) Switzerland; (7.) United Kingdom; and (8.) The United States. The Philippines also entered into one regional Mutual Legal Assistance Agreement culminating to the ASEAN Mutual Legal Assistance Treaty.

Coast Watch Project

On the Convention dealing with Maritime Safety, specifically Conventions 8, 9 15 & 16, the Philippine government is currently undertaking the Coast Watch South Program which encompasses the monitoring of relevant sea lanes that serve as entry and exit points for terrorist elements both operating domestically and within the region.

Based on assessment of time and space factors or through an island-hopping strategy, there are also possible terrorist routes, namely, (1.) from Tarakan, East Kalimantan, Malaysia to Lebak, Sultan Kudarat in Mindanao, Philippines, (2.) from Sandakan, Malaysia to Pagadian City, Philippines. (3.) From Tawau, Malaysia to Parang, Philippines.

In order to guard the maritime domain, a robust maritime surveillance capability will be developed. The existing land-based radar stations in Melville, Zamboanga and Tinaka, General Santos City will be upgraded. The fourth SLOC protected by this proposed upgrading projects is the Sibutu Passage which will be monitored by the soon-to-be-established radar stations in Taganak, Malaysia and Bongao, Mindanao, Philippines. Stations will also be established in Mapun and Mangsee, Malaysia.

These stations will be further complemented by four stations to be established in prospective locations in Northeast Tawi-Tawi, Jolo Island, Basilan Island and at the entrance of Cotabato River. Once operational, Coast Watch South will have eleven (11) Coast Watch Stations to provide 24/7 maritime surveillance coverage.

This will provide surveillance coverage of approximately 21,500 square nautical miles in the Southern Philippines or more than four times the coverage of our existing capabilities.

New Law on Illegal Possession of Explosives

Barely a year ago, the President of the Republic of the Philippines signed into law Republic Act 9516, a law which provides a heavier penalty for the mere possession of explosives and incendiary devices. This law makes the mere illegal possession of explosives a non-bailable offense.

In an earlier slide, the case of Mr. Redendo Cain Dellosa was presented. If you recall, Mr. Dellosa was the perpetrator of the world’s fourth deadliest terrorist attack - the Superferry 14 bombing. Prior to the bombing, Dellosa was caught in possession of explosives. He was charged under the old law, which at that time was considered a bailable offense. Dellosa then made bail and proceeded to Mindanao to train. A few months after, Dellosa boarded Superferry 14 where he planted and detonated the bomb.

Had the new law on illegal possession of explosives been in effect at that time, the Superferry 14 catastrophe would not have happened.

The Anti-Money Laundering Council (AMLC)

In compliance with the 16 universal conventions and protocols against terrorism, specifically on the Convention for the Suppression of Financing of Terrorism, the Philippines passed the Anti-Money Laundering Law and the Human Security Act (HSA). It is worth stressing that Sections 28 and 31 of the HSA penalize conspiracy to commit terrorism and in effect, make financiers of terrorist acts either principals by inducement or principals by indispensable cooperation.

The AMLC has been a very useful tool in the government’s effort to combat terrorism. The Philippines’ AMLC has obtained freeze orders and subsequent forfeiture orders against the funds and assets of individuals belonging to terrorist groups.

Summary and conclusion

Terrorism is a transnational crime that respects no borders. Though having no specific ethnic source, it is indiscriminate in its choice of victims. As such, it is an evil that demands the attention and vigilance of all nations, for terrorism is a danger we all share. Terrorism is a crime against humanity, thus it must be addressed by all mankind.

In the Philippine experience, with only thirteen countries sharing extradition treaties, it has been felt that efforts to combat terrorism are severely handicapped. Evidently, there is a need for more mutual cooperation among a greater number of nations so that justice can be served globally.

The world is diverse in terms of law and culture. This diversity though unique and beautiful in itself, presents complications in a standard level of recognition and enforcement on human rights protection. However, diverse legal systems can be overcome by mutual respect and a shared desire to improve humanity.

Opening our doors to international institutions and organizations involved with the promotion and protection of human rights will only better our own understanding and appreciation for the same. It is hoped that the increase in the protection of human rights and adherence to the rule of law would lead to the promotion of social justice, reduction of social inequities and eventually, diminish the roots of terrorist threats.