Dissent, mass action not covered by proposed Anti-Terrorism Act – Sotto
Published Jun 3, 2020 12:00 am
By Vanne Elaine Terrazola
Senate President Vicente Sotto III clarified on Wednesday that dissent and criticisms against the government will not be penalized under the proposed Anti-Terrorism Act.
Senate President Vicente "Tito" Sotto III (Alvin Kasiban / MANILA BULLETIN)
Sotto, principal author of the measure in the Senate, addressed misconceptions that the bill will authorize the abuse of human rights since this sought to ease restrictions for law enforcers and provide for longer detention time for suspected terrorists and their allies without charges.
Speaking to reporters via teleconference, he reiterated the anti-terrorism bill is “complete with safeguards”.
Even the proposed amendments of Senators Risa Hontiveros and Francis Pangilinan, who both voted against it, have been included, he added.
Sotto explained that the bill enumerates the acts that would be identified as terrorism, which was based on the definition and those proscribed by the United Nations Security Council.
“In definition of terrorism, it does not include advocacy, protest na mahilig sila (that they are fond of), dissent, stoppage of work, industrial or mass action, ibig sabihin pati yung mga strike (even strikes), and other exercise of civil and political rights. Hindi kasali yun, ang liwanag (Those are not covered, it is clear),” he said.
The lawmaker quoted Section 4(e) of the proposed law, which provides that “terrorism, as defined in this Section shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.”
“Akala nila pag kontra sa gobyerno, pwede na i-classify na terrorist (They thought that when you are contradicting the government, you will easily be classified as a terrorist). Hindi, gusto mo murahin mo gobyerno morning, noon, and night, hindi ka pa rin (No, you can curse the government all you want, morning, noon, and night, and you won't be considered a terrorist still),” Sotto assured.
Under Section 4 of the Senate Bill No. 1083 – which the House of Representatives is poised to adopt – terrorism is committed by a person who:
Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life;
Engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property;
Engages in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure;
Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and
Releases dangerous substances, or causes fire, floods, or explosions.
The bill further described terrorist activities as acts that “intimidate the general public or a segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any of its international organization, or seriously destabilize or destroy the fundamental political, economic, or social structures of the country, or create a public emergency or seriously undermine public safety.”
The bill also provides penalties for threats, conspiracy, proposal, and inciting to commit terrorism; the recruitment and participation in a terrorist organization, as well as those who provide material support to terrorists.
“Kunyari may rally, nagpoprotesta, merong isang nambato ng Molotov cocktail sa mga police, terrorist na 'yon? Hindi (If there is a rally or protest, and one throws Molotov cocktail to the police, is that terrorism? No),” Sotto said.
“You will fall under the category of any of the Revised Penal Code crimes,” he noted.
For those who will be apprehended on suspicion of being members of terrorist groups, Sotto said safeguards are in place to make sure that their rights are recognized.
“Nakalagay doon sa batas, ipapaalam sa hukuman. Ipapaalam kaagad sa korte na hawak ka nila, di ba? At bibigyan din ng ng notice na hawak ka nila. Ano pa ang safeguard na gusto mo doon, 'di ba? (Under the proposed law, the court is notified upon a person’s arrest on suspicion of being a terrorist. The Commission on Human Rights will also be notified of the arrest. So what more safeguard do you need?),” he said, adding that the Senate will also continue to exercise oversight in the impending implementation of the bill.
Sotto insisted the importance of repealing the Human Security Act of 2007 to strengthen the country's fight against terrorism.
Progressive and human rights groups have slammed the government's move to enact the Anti-Terrorism Bill amid the COVID-19 pandemic.
“This law will not in any way protect civilians from acts of terrorism, instead, it will only intensify the already deplorable human rights situation under the Duterte government,” the International Coalition of Human Rights in the Philippines (ICHRP) said in an earlier statement.
Senate President Vicente "Tito" Sotto III (Alvin Kasiban / MANILA BULLETIN)
Sotto, principal author of the measure in the Senate, addressed misconceptions that the bill will authorize the abuse of human rights since this sought to ease restrictions for law enforcers and provide for longer detention time for suspected terrorists and their allies without charges.
Speaking to reporters via teleconference, he reiterated the anti-terrorism bill is “complete with safeguards”.
Even the proposed amendments of Senators Risa Hontiveros and Francis Pangilinan, who both voted against it, have been included, he added.
Sotto explained that the bill enumerates the acts that would be identified as terrorism, which was based on the definition and those proscribed by the United Nations Security Council.
“In definition of terrorism, it does not include advocacy, protest na mahilig sila (that they are fond of), dissent, stoppage of work, industrial or mass action, ibig sabihin pati yung mga strike (even strikes), and other exercise of civil and political rights. Hindi kasali yun, ang liwanag (Those are not covered, it is clear),” he said.
The lawmaker quoted Section 4(e) of the proposed law, which provides that “terrorism, as defined in this Section shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.”
“Akala nila pag kontra sa gobyerno, pwede na i-classify na terrorist (They thought that when you are contradicting the government, you will easily be classified as a terrorist). Hindi, gusto mo murahin mo gobyerno morning, noon, and night, hindi ka pa rin (No, you can curse the government all you want, morning, noon, and night, and you won't be considered a terrorist still),” Sotto assured.
Under Section 4 of the Senate Bill No. 1083 – which the House of Representatives is poised to adopt – terrorism is committed by a person who:
Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life;
Engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property;
Engages in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure;
Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and
Releases dangerous substances, or causes fire, floods, or explosions.
The bill further described terrorist activities as acts that “intimidate the general public or a segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any of its international organization, or seriously destabilize or destroy the fundamental political, economic, or social structures of the country, or create a public emergency or seriously undermine public safety.”
The bill also provides penalties for threats, conspiracy, proposal, and inciting to commit terrorism; the recruitment and participation in a terrorist organization, as well as those who provide material support to terrorists.
“Kunyari may rally, nagpoprotesta, merong isang nambato ng Molotov cocktail sa mga police, terrorist na 'yon? Hindi (If there is a rally or protest, and one throws Molotov cocktail to the police, is that terrorism? No),” Sotto said.
“You will fall under the category of any of the Revised Penal Code crimes,” he noted.
For those who will be apprehended on suspicion of being members of terrorist groups, Sotto said safeguards are in place to make sure that their rights are recognized.
“Nakalagay doon sa batas, ipapaalam sa hukuman. Ipapaalam kaagad sa korte na hawak ka nila, di ba? At bibigyan din ng ng notice na hawak ka nila. Ano pa ang safeguard na gusto mo doon, 'di ba? (Under the proposed law, the court is notified upon a person’s arrest on suspicion of being a terrorist. The Commission on Human Rights will also be notified of the arrest. So what more safeguard do you need?),” he said, adding that the Senate will also continue to exercise oversight in the impending implementation of the bill.
Sotto insisted the importance of repealing the Human Security Act of 2007 to strengthen the country's fight against terrorism.
Progressive and human rights groups have slammed the government's move to enact the Anti-Terrorism Bill amid the COVID-19 pandemic.
“This law will not in any way protect civilians from acts of terrorism, instead, it will only intensify the already deplorable human rights situation under the Duterte government,” the International Coalition of Human Rights in the Philippines (ICHRP) said in an earlier statement.