"The Human Security Act of 2007 has largely been unused."
"The Human Security Act of 2007 has largely been unused."
The following are excerpts from a primer on the proposed Anti-Terrorism Act of 2020 given by Senate President Tito Sotto:
More than ten years after its passage, RA 9372, the Human Security Act of 2007 remains a dead letter law. Unused. Only the Abu Sayyaf Group was declared a terrorist or outlawed organization in the Philippines, in 2015.
Only one conviction was secured for violation of the Human Security Act. The Taguig Regional Trial Court Branch 70 convicted for violation of the Human Security Act of 2007 Nur Supian in November 2018 for recruiting participants in the 2017 Marawi siege. His co-accused Marvin Ahmad, Salip Ismael Abdulla, and Issa Ukkang were, meanwhile, acquitted.
The Global Terrorism Index of 2019 ranks the Philippines ninth most negatively affected by terrorism. The Top 10 are: Afghanistan, Iran, Nigeria, Syria, Pakistan, Somalia, India, Yemen, Philippines, and Democratic Republic of the Congo.
The Philippines has the highest negative impact from terrorism in the Asia Pacific. Other states across the globe saw a downtrend in deaths due to terrorism. The country is in Top Ten with the largest increase in deaths from terrorism for 2016 to 2017.
When terrorists are captured, they are often charged with violations of the Revised Penal Code, or illegal possession of firearms or some other special laws rather than for terrorism. The suspects in the Jolo suicide bombings in 2018 faced multiple murder and frustrated murder charges for the deaths and injuries caused by said bombings when it was clearly a terrorist act.
In the Marawi siege, the government reported deaths: 900 Maute-ISIS affiliated fighters, 168 government forces, and 47 civilians. The total damage and lost opportunities estimated by the Philippines’ Task Force Bangon Marawi: P18.23 billion. Add the cost of war materiel and other combat service support operations, P6 billion ($114 million) and cost of Marawi’s rehabilitation, P72.58 billion ($1.38 billion).
The Anti-Terrorism Bill is not martial law. While the measure includes tough provisions against terrorists including foreign ones, even tougher safeguards are in place against abuse.
Under the bill, terrorism is committed by any person who, within or outside the Philippines, regardless of the stage of executions:
Engages in any acts intended to cause death or serious bodily 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 substance, or causes fire, floods or explosions when the purpose of such act, by its nature and context, is to intimidate the general public or a segment thereof, creates an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any international organization, or seriously destabilizes or destroys the fundamental political, economic, or social structures of the country, or creates a public emergency or seriously undermine public safety.
These acts are subject to life imprisonment.
For an act to be considered terrorism, intent and purpose together must be established. Without intent and purpose established, the acts become mere violations of the Revised Penal Code or other Special Laws, not terrorism.
Also, terrorism “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.”
The following punishable acts of terrorism under the Anti-Terrorism Bill:
Threat to Commit Terrorism (Section 5) – Under the EU Framework Decision of June 13, 2002 on Combatting Terrorism, threatening to commit is a terrorist offense.
Planning, Training, Preparing and Facilitating the Commission of Terrorism (Section 6)- This proposal is patterned after the Australian Criminal Code Act of 1995, as amended. UN Security Council Resolution 1624 mandates all Member States to ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice.
Conspiracy to Commit Terrorism (Section 7) – As a general rule, conspiracy is not punishable under the provisions of existing law. However, under the Revised Penal Code, the act of penalizing certain conspiracies is not a new concept particularly when said conspiracies deal with violation of Crimes Against National Security and the Law of Nation i.e, Treason and Crimes Against Public Order like Rebellion, Coup d’etat and Insurrection. The act being punished here is similar to the Conspiracy being punished under the Revised Penal Code, particularly, Art. 115: Conspiracy and Proposal to Commit Treason, Art. 136: Conspiracy and Proposal to Commit Coup D’etat, Rebellion, Insurrection. Under Human Security Act of 2007, Terrorism is a crime against humanity under the provision of RA 9372. As such, the same with rebellion or treason, mere conspiracy to commit the same should be penalized.
Proposal to Commit Terrorism (Section 8) – The act being punished here is similar to the Proposals being punished under the Revised Penal Code, particularly Art. 115: Conspiracy and Proposal to Commit Treason and Art. 136: Conspiracy and Proposal to Commit Coup D’etat, Rebellion, Insurrection.
Inciting to Commit Terrorism (Section 9), Recruitment to and Membership in a Terrorist Organization (Section 10) and Providing Material Support to Terrorist (Section 12)- The proposal is based from EU Directive (EU) 2017/541 of the European Parliament and of the Council, UN Model Legislation on Terrorism provided by the UN Office on Drugs and Crimes (UNODC).
UN Security Council Resolution 1624 requires comprehensively addressing underlying factors, including by preventing radicalization to terrorism, stemming recruitment, inhibiting foreign terrorist fighter travel, disrupting financial support to foreign terrorist fighters, countering violent extremism, which can be conducive to terrorism, countering incitement to terrorist acts motivated by extremism or intolerance, promoting political and religious tolerance, economic development and social cohesion and inclusiveness, ending and resolving armed conflicts, and facilitating reintegration and rehabilitation.
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