Church leaders, CSOs Question Terror Law

7 July 2020

Various leaders of civil society organizations, faith-based institutions, and humanitarian and development networks read their statement calling to junk the newly enacted Anti-Terror Law or Republic Act 11479.

“Sa totoo lang, ang Anti-Terror Law ay hindi panglaban sa terorista. Ito ay pampanakot sa mga tao na nakakaranas ng kapalpakan ng pamahalaan,” The Auxiliary Bishop of the Archdiocese of Manila, Bishop Broderick Pabillo said in a statement during a virtual presser church groups and CSOs on Tuesday, July 7, 2020.

The Bishop added that the law can easily be misused against groups and people who are legitimately expressing dissent and at the same time those who are indiscriminately helping vulnerable groups who are in need.

“The fear that this law is creating and the potential harm it poses on people who are helping because there have already been cases on the ground of legitimate organizations being tagged even before this law was enacted is very detrimental to the work of CSOs,” Philippine Misereor Partnership Incorporated (PMPI) legal counsel Mario Maderazo added.

The lawyer added that our laws must emphasize the primacy of our fundamental rights.

“Nanawagan na i-veto ang bill upang mas mapagusapan kasi ito ay minadaling ipasa nang walang malawakang konsultasyon sa mamamayan  (we called for the bill to be vetoed but they were railroading it without wider public consultation),” the Bishop Pabillo added.

Bishop said in his statement that that we needed to address the social issues, poverty, joblessness, transportation issues, and lack of access to basic social services, which are part of the root causes of terrorism.

“The anti-terror law does not address these issues,” Bishop added.

Meanwhile a national network of faith-based organizations, the Philippine Misereor Partnership, Inc. (PMPI) questions the priority of the administration.

“On the same day that the number of confirmed COVID-19 cases in the country breached the 40,000-mark, President Rodrigo Duterte signed the controversial Anti-Terror Bill into law without much regard to the clamor of people for a dialogue and to veto the bill,”  Yolanda Esguerra said.

A representative from the Caucus of Development NGO Networks (CODE-NGO) expressed their networks’ support in actions to repeal this “draconian” law.

“We need concrete steps that uphold the bayanihan spirit, not a law endangers human rights and civil liberties,” Sandino Soliman of CODE-NGO said in this statement.

The Humanitarian Imperative

Meanwhile Citizen Disaster Response Center, a 35-year old humanitarian organization has also expressed that the law is not compatible with the Humanitarian Imperative.

“The United Nations High Commissioner for Human Rights Michelle Bachelet has recently raised her concern on the R.A. 11479, stating that “the law could has a chilling effect on human rights and humanitarian work, hindering support to vulnerable and marginalized communities,” Kim Leduna, CDRC’s Executive Director said.

She added that even Section 13 of the RA 11479 gives “broad powers to the implementers of the law in selecting which groups can provide aid without incurring penal liability, and which ones will be burdened by being arbitrarily implicated or vilified or discriminated.”

“This provision goes against the humanitarian imperative and independence of aid providers. Humanitarian Imperative refers to the right to receive and offer humanitarian needs,” Leduna added.

Refer to the Philippine Constitution

The lead convener of the Disaster Risk Reduction Network-Philippines (DRRNetPhils) in a statement encouraged the policy-makers to not forget to look at Philippine Constitution as guide in crafting the laws.

“Development work is anchored on the 1987 Constitution of the Republic of the Philippines, where our rights as Filipino people are promoted and upheld to enjoy “independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,” Ms. Loreine De La Cruz said.

De la Cruz, who is also the Executive Director of the Center for Disaster Preparedness (CDP), added that It is not uncommon that many of the DRRNetPhils member organizations duly recognized by the state experience harassment, discrimination, and red-tagging in rural areas riddled with conflict.

“What we do not need are policies and laws that will only authorize further abuses, sow fear and terror that are already realities on the ground,” she added.

Refer to the Philippine Constitution

The networks including the humanitarian, development and advocacy arm of the Catholic Church expressed support in filing petitions to question the constitutionality of the new law.

National Secretariat for Social Action (NASSA)/Caritas Philippines through Jing Henderson in a statement said that they will actively campaign to ensure that this battle goes to the top court and be repealed.

“We have received overwhelming support from our dioceses, parishes, and other religious institutions to join us in our call to protect our democracy,” Henderson said. “As part of a broader civil society movement that advocates for upholding our bill of rights contained in the fundamental law of the land, as well as laws protecting the rights of the vulnerable groups, we oppose this measure because its vagueness and over-broadness is prone to abuse and can be used to  suppress dissent and our activism,” Esguerra added.

Undemocratic, Unconstitutional and Anti-Filipino!

Statement on the Signing of the Anti- Terrorism Act

The Sangguniang Laiko ng Pilipinas strongly condemns the rail-roading of and the signing into law of the 2020 Anti-Terrorism Act (ATA), especially at this epoch when the confirmed cases of Covid 19 are peaking and that millions of Filipinos are going through extreme suffering.

We support the legal luminaries, constitutionalist and lawmakers who petitioned the Supreme Court to declare the 2020 ATA as unconstitutional and a threat to the basic freedoms we continue to fight for in a democratic society.

No less than the United Nations High Commissioner on Human Rights, in its Report on the Human Rights Situation in the Philippines, has taken cognizance of the clear and present danger posed by this Anti-Terrorism Act, stating:

“The proposed 2020 Anti-Terrorism Act, slated to replace the already problematic Human Security Act, dilutes human rights safeguards, broadens the definition of terrorism and expands the period of detention without warrant from three to 14 days, extendable by another 10 days. The vague definitions in the Anti-Terrorism Act may violate the principle of legality.” *

We call on the magistrates of the highest court of our land to heed the call of Truth, Justice and Peace and declare the 2020 Anti-Terrorism Act as undemocratic, unconstitutional and anti-Filipino!

For the Laiko Board of Directors,

July 10, 2020

Framers of the 1987 Constitution Condemn Anti-Terrorism Act of 2020

As Framers of the 1987 Constitution, we are compelled to take a strong and clear stand against a law that betrays the letter and spirit of our fundamental law and divides our people when our greatest need is to unite against a common foe, a deadly contagion that threatens not only the health of our people but their sources of livelihood. What is at stake is the survival of the most vulnerable in our society.

The Charter was drafted and popularly approved in a plebiscite in the aftermath of one of the darkest chapters in our history when the rule of law was violated with impunity. The people, long inured to the rule of despots and oppressors cast their hopes in the Constitution as the bulwark against the abuses of the State, and thus as the protector of people’s rights by limiting the exercise of the extraordinary powers of the State..

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Church People Workers Solidarity demands immediate abolition of ATA

Welfare of the Filipinos, social protection of workers shall be the priority; not the anti-terror law that suppresses the rights of people.
Most Rev. Gerardo A. Alminaza, D.D.
Bishop, Diocese of San Carlos
Co-Chairperson, Church People-Workers Solidarity

Church People-Workers Solidarity joins the Filipino people in condemning the passage of the Anti-Terrorism Act. We demand the immediate abolition of the said law as it will further endanger the human rights of the Filipino people.

In this hard time amid the Covid 19 pandemic, we believe that our government should prioritize the basic and urgent needs of the people and not the legislation and passage of a law that suppresses the legitimate outcry of people for universal health care, mass testing, protection of frontliners, humane repatriation of OFW’s, wage subsidy, unemployment benefits,  social protection, livelihood of jeepney drivers and respect to human rights and civil liberties.

In the past four months, workers consistently demanded for social protection measures amidst the serious health crisis. Yet, the government has turned a deaf ear on their demands.  Millions of workers did not receive the promised financial assistance which left their families starving and homeless.  Tens of thousands of workers lost their jobs due to the shutdown of many companies.  This concern should be the priority of the government to be resolved and not the passage of the Anti-Terrorism Act which basically removes hard won rights of workers and people.

We stand that with the very vague definition of terrorism in the Anti-Terror Act, anyone could be surveilled, arrested and detained on mere suspicion of being a terrorist or for airing complaints to the government.  Legitimate protests, strikes and other forms of collective actions by workers demanding just wage, job security, health and safety in the workplace and better working condition can be tagged as a terrorism act under the said law.  Therefore, Anti-Terrorism Law would only heighten the repression of trade unions and basic democratic rights of workers and people to free speech and freedom of assembly.

We have witnessed how the existing laws were used to attack workers’ rights to peaceful assembly such as the dispersal of strikes and protest actions in Nutri Asia, Pepmaco, Sumifru Philippines Inc. among others. These incidents happened despite legality and constitutionality of the said protest actions. With the passage of the Anti-Terrorism Act and the creation of the so called Anti-Terrorism Council that exercises the powers of both executive and judiciary and determines who is a terrorist and who will be arrested and detained, we are concerned that there will be more trade unionists and workers’ advocate will be illegally arrested and detained because of their stand for workers’ rights.

Hence, we stressed our call to the government to prioritize the WELFARE of the FILIPINO PEOPLE amidst the Covid 19 pandemic:

  1.       Covid 19 Mass testing, contact tracing, isolation and treatment.
  2.       Wage Subsidy and unemployment benefits for affected workers.
  3.       Adequate and decent jobs for those who lost their jobs.
  4.       Resumption of Traditional Jeepney operations.
  5.       Humane repatriation of Overseas Filipino Workers.
  6.       Health and safety and better working conditions for workers reporting back to work.

Finally, we appeal to our brothers and sisters to continue our prayers for respect of human rights, peace and justice and without letting up, we join the broad unity of people to JUNK THE ANTI TERROR LAW. ###

Signed:

Co-Chairperson, Church People-Workers Solidarity

Statement on the Enactment of the Anti-Terrorism Law

 On July 3, President Rodrigo Duterte signed into law the Anti-Terrorism Act of 2020 despite the fierce opposition repeatedly registered by Filipinos across the country and the lingering coronavirus crisis.

We, civil society and people’s organizations working on diverse issues of the environment, strongly condemn the enactment of the Anti-Terrorism Law, which immensely threatens environmental work and workers. The legislation, which spurns human rights safeguards while granting unchecked powers to the government, can be used to silence all forms of legitimate dissent. It could only make matters worse for a country already ruled by a climate of impunity, and would further threaten the well-being of its most vulnerable peoples, such as environmental defenders who have been among those who bore the brunt of state abuses in recent years.

The Philippines is known today as the country deadliest in the world to environmental defenders, as independent watchdog Global Witness reported in 2019. Since President Duterte assumed office, there had been at least 113 killings of indigenous peoples, farmers, lawyers, and other environmental workers, many of whom were falsely tagged as communists and terrorists before being unjustly brought to their deaths.

It is in these circumstances that President Duterte labeled as urgent the Anti-Terrorism Bill and eventually signed it into law. Now, Republic Act 11479 allows warrantless arrests on mere suspicion of committing terrorist acts, expands the period of warrantless detention to as long as 24 days, lowers penalties for abuses committed by law enforcers, and completely removes any liability from state actors for wrongful accusations – all based on a vague and malleable definition of terrorism.

Our indignation stems from the knowledge that the Anti-Terrorism Law effectively places a blade onto the waiting hands of abusive corporations and state forces ready to wield its preposterous provisions to silence all who are in the way of their destructive projects and selfish interests. Signed just days after the fourth death anniversary of anti-coal community leader Gloria Capitan of Bataan, the first victim of the spate of killings of environmentalists under the Duterte administration, the Act is an insult to all who have spent their lives for the protection of the environment and of human rights.

Moreover, placed against the backdrop of a global health crisis and a looming recession, the passing of the Law is a wake up call to halt the overarching focus of the Duterte administration on public order and national security, at the expense of human rights and the rule of law, in its tracks. It is also a manifestation of the infuriating detachment of our leaders from the realities of the public they claim to serve. With over 40,000 infected individuals, the Philippines currently accounts for over a quarter of all COVID-19 cases in Southeast Asia. The signing of the Law coincided with the largest single-day increase of confirmed cases nationally at 1,531. Medical facilities continue to struggle with limited resources and manpower. Unemployment has risen to never before seen numbers in recent times. Hunger and poverty pose threats to the lives of our people just as much as COVID-19 does. Yet, rather than listen to the cries of the Filipino public, the government has chosen the path of oppression.

History will remember how our leaders, from the members of the Congress who formed the treacherous bill, to our nation’s chief executive who breathed life into it, refused to protect the rights of the people and turned their backs from our pressing needs, choosing instead to create means to illegitimize our voices. History, however, will also remember our collective uproar.

We will continue to lend our voices to amplify the calls of environmental defenders who fight for their communities despite being met with violence from state and private actors. We will continue to demand accountability and a just recovery from the COVID-19 crisis. And, as the battle against the Anti-Terrorism Act does not simply end with the President’s signature, we stand in solidarity with all groups urging the Supreme Court to junk this perilous law, and we encourage all members, partners, and supporters to join the mobilizations and protests, both online and in the streets, without compromising health and safety guidelines, as our clear stand against the draconian law. We shall stay safe, but not silent.

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When In Doubt, Refer To The Philippine Constitution

Statement of Concerned Disaster Risk Reduction Organizations and Practitioners of DRRNetPhils on the Anti-Terror Law of 2020 Quezon City DEVELOPMENT work is anchored on the 1987 Constitution of the Republic of the Philippines, where our rights as Filipino people are promoted and upheld to enjoy “independence and democracy under the…

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CODE-NGO Statement on the Anti-Terrorism Bill of 2020

We, the Caucus of Development NGO Networks (CODE-NGO), strongly oppose the Anti-Terrorism Bill. This unconstitutional measure not only infringes on the Filipino’s rights enshrined in the basic law of the land but also endangers Philippine democracy at large. The Anti-Terrorism Bill is a regression from the democracy that the Filipinos…

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CDRC: ATA Press Statement

In the spirit of a just and humane society, Citizens’ Disaster Response Center Foundation, Inc., along with its network of civil society organizations which constitutes humanitarian and development agencies, faith-based groups, academic institutions, and community-based organizations, stand united with the public’s appeal to the Supreme Court to uphold the constitution…

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