Justice Secretary Menardo Guevarra said Monday civil and political rights were protected under the implementing rules and regulations (IRR) of the controversial Republic Act 11479, otherwise known as the “Anti-Terrorism Act of 2020.
In his speech before the three-day Human Rights Summit with the theme “Peace is the Work of Justice”, Guevarra said even the United Nations through its Resident Coordinator Gustavo Gonzales had offered technical assistance to ensure that the anti-terrorism rules complied with the tenets of human rights.
“The UN simply wants us to have a glimpse of best practices worldwide and tweak our own, if desired,” Guevarra said in an interview when asked to clarify the reason for the UN’s offer.
He said swhile the ATA of 2020 was intended to quell terrorism and armed conflict, its IRR was designed to protect the people’s rights and liberties.
“It is our understanding that led us to amplify in the rules the protection accorded by the anti-terrorism law to the exercise of civil and political rights that do not endanger life or public safety,” Guevarra said.
“The law excluded such exercise from its definition of acts of terror.”
With the implementation of the IRR, Guevarra said, the burden to prove intent to endanger life or public safety was now on the prosecution to prevent possible abuse of the law.
Besides, he says the IRR mandates the publication by the Anti-Terrorism Council of the names of people it designates as terrorists.
“By institutionalizing public notice concerning the result of the ATC’s designation process, we give those adversely affected the opportunity to contest the designation and to avail themselves of delisting as a remedy,” Guevarra said.
He said these safeguards and other measures had been included in the IRR to ensure that the anti-terrorism law served its purpose without violating the people’s fundamental rights and prerogatives.
The ATA took effect on July 18 but its constitutionality is being questioned in the 37 petitions filed before the Supreme Court.
The Department of Justice led the drafting of the ATA’s IRR.
UN Resident Coordinator Gustavo Gonzalez vowed cooperation between the UN and the Philippine government in strengthening the accountability mechanism for human rights violators.
Gonzalez said the UN would launch a joint program for human rights in the country next year.
“We will work with the government of the Philippines, with the Human Rights Commission and civil society organizations. We will draw on international experience and best practices to address the human rights challenges,” he said.
