In July 2007 the Philippines Government passed the Human Security Act (also known as Republic Act (RA) 9372), with the purpose of dealing with terrorism in the Philippines. However, the Act has drawn strong criticism from the churches in the Philippines for going too far in the powers it grants the military, which have already been responsible for numerous murders and other human rights abuses against church members and clergy that seek to defend human rights in the Philippines.
Ms Sharon Rose Joy Ruiz-Duremdes, General Secretary of the National Council of Churches in the Philippines stated: “The Human Security Act will surely result in many human rights violations as its provisions curtail basic freedoms that run counter to our Constitution; it basically presumes guilt unless proven innocent; it purportedly protects the interests of the state, and hence the people, from terrorists but it actually legitimizes terrorism – state terrorism”.
The Catholic bishops in the Philippines called for the government to revise the Act, saying that the definition of terrorist activities is too broad and that concessions to the military are “practically unlimited”.
Under section 3 of the Act, “terrorist activities” are all those actions “causing widespread and extraordinary fear and panic” in order to coerce the government to give in to an unlawful demand and are punishable by up to 40 years imprisonment. The concern is that the language used in the Act is the sort of language that the Armed Forces of the Philippines have used to label human rights organizations, trade unions, peasant organizations and left-wing political groups as “terrorists” and will be misused to carry out additional human rights abuses by members of the military.
Martin Scheinin, the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism stated “… there are some positive aspects of the definition of terrorist acts in the Human Security Act but the end result is an overly broad definition which is seen to be at variance with the principle of legality and thus incompatible with Article 15 of the International Covenant on Civil and Political Rights.”
Section 19 allows “arbitrary detention of a suspect for more than three days, house arrest even if not upheld by a judge and a ban on all kinds of movement.” Thus, persons simply suspected of engaging in terrorism by the security forces may be arrested without warrant and detained without charges.
The law allows for preventative detention and expands the powers of the security forces to arrest people without having a warrant. It allows for people suspected of being members of a “terrorist organization” can be subjected to having their phones tapped and their bank accounts and other assets frozen.
Section 57 of the Act endorses ‘extraordinary rendition’, or the transport of suspects to another country for interrogation. The only requirement is “assurance” from the requesting country that the rights of the suspect will be respected.
The Act supplants the role of the courts by placing enormous powers in the hands of the Executive through the “Anti-Terrorism Council”. The Council is composed of Government ministers – the President’s Executive Secretary, the secretaries of Justice, Defence, Foreign Affairs, Local Government, Finance and the National Security Adviser. The Council’s powers include directing the arrest of terror suspects, proscription of organizations as terrorist organizations and freezing of bank accounts.
Safeguards
There are some safeguards in the legislation. For example, under Section 50 any person accused of terrorism who is later acquitted by the court shall be entitled to payment of 500,000 pesos in damages for every day that they were detained or deprived of their liberty as a result of being arrested without a warrant as a result of being accused of being involved in terrorism. Also, Section 41 of the HSA provides for 500,000 pesos pr day of compensation to people who have their properties seized, sequestered or frozen, but who are later acquitted or the cases against them are dismissed.
Under Section 24 any member of the security forces that tortures, threatens or intimidates a detainees with any act that inflicts physical pain or torment or mental, moral or psychological pressure can face imprisonment of between 12 and 20 years.
Get involved: Write polite and respectful letters to (a letter to the Philippines will cost $1.30 using a stamp marked ‘International Post’):
Her Excellency Gloria Macapagal-Arroyo
President of the Republic of the Philippines
Malacanang Palace
JP Laurel St
San Miguel, Manila
Philippines
E-mail: corres@op.gov.ph
Salutation: Your Excellency
The Hon. Raul M. Gonzalez
Secretary
Department of Justice
Padre Faura St
Manila
Philippines
E-mail: sad@doj.gov.ph
Salutation: Dear Secretary
Gilberto C. Teodoro, Jr.
Defense Secretary
Department of National Defense
Room 301, DND Building, Camp Aguinaldo
E. de los Santos Avenue
Quezon City
Philippines
E-mail: opla@dnd.gov.ph
Salutation: Dear Secretary
His Excellency Ernesto De Leon
Ambassador Extraordinary and Plenipotentiary of the Philippines to the Commonwealth of Australia
Embassy of the Philippines
PO Box 3297
Manuka, ACT, 2603
Salutation: Your Excellency
Points to make in your letter:
• Express concern at the Human Security Act (also known as Republic Act (RA) 9372), in terms of the powers it grants the military and police, noting that the Melo Commission established by the Government itself found that members of the police and military have been responsible for human rights violations against members of civil society.
• Ask that the Government of the Philippines revise the Act to narrow the definition of terrorist activities and enhance the safeguards against member of the security forces misusing the provisions contained within the Act.
• Ask that the Sections that allow people to be arrested without or warrant or placed into preventative detention on mere suspicion of involvement of terrorist activities be repealed.
Justice and International Mission
Synod of Victoria and Tasmania | 
