Authoritarian
Upgrade in a Shrinking Democratic Space
July 4, 2020
At
a time when the government relaxes Covid-19 quarantine in most parts of the
country - except Cebu City and a few other areas - which hopefully would give
relief to the Filipino people from the distress suffered under the pandemic
lockdowns, comes the passage of the proposed Anti-Terrorism Act (ATA) of 2020.
Despite widespread protest and opposition, the latest of which is the call by
the Bangsamoro Transition Authority for the President to veto it, the
Anti-Terrorism Bill was signed into law yesterday, July 3, 2020, a date of
infamy.
The
Peoples’ Campaign Against Tyranny [PCAT] joins the growing and heightened
rejection of the bill by many more concerned and protesting groups, on the
bases of content, context, conduct and consequence.
Content
The definition of terrorism is so vague in
its broadness that it is prone to be abused
by proven abusive law enforcers seen in the bloody war on drugs. Provisions of
the proposed law are dangerous because they violate the Constitution,
specifically the basic human rights of the Filipino people.
For example, it allows warrantless arrest and
detention of suspects up to 14 days and extendable by 10 more days or a total
of 24 days without formal charges, while the
Constitution allows only 3 days even under a suspended writ of habeas corpus or
under martial law.
Likewise, it vests huge powers to the
Anti-Terrorism Council (ATC) it creates [composed of 8 Cabinet Members and the
Chair of the Anti-Money Laundering Council (AMLC)]—that determines and identifies suspected
terrorist/s and authorizes enforcers to arrest—a power the 1987 Constitution
vests only to judges. Consequently, this
vests the president with almost absolute power.
Moreover, the ATA of 2020 deliberately
omitted Section 41 of the Human Security Act 2007, which penalizes state agency
or personnel for arresting and detaining a suspect eventually found innocent.
Said agency or personnel would be required to indemnify the victim in the
amount of P500,000 for every day of his/her illegal detention. By deleting this section, the proposed ATL of
2020 paves the way for its abuse by enforcers.
The Anti-Terrorism Act of 2020 gives the
President far greater powers than martial law with suspension of the writ of
habeas corpus. Under the ATA2020, the entire country is placed in a permanent
state of emergency rule that is more restrictive and punitive than martial law.
Context
Like a thief in the night, the bill is being processed into law at a time
when people are restricted from holding mass
gatherings due to quarantine protocols. With the prevalence of incoherent,
disorganized policies in managing the pandemic
that provoked criticisms from various quarters, it is not difficult to perceive
that such bill is part of a design to silence dissent in this time of pandemic
crisis.
Furthermore, the bill was certified as urgent
by a head of state with penchant for meting ruin and/or revenge against
perceived enemies, especially women—Senator de Lima is still in detention for
trumped-up charges; Vice President Leni Robredo was forced to quit as housing
secretary in December 2016 and fired as antidrug czar in November 2019; then
Ombudsman Conchita Carpio Morales was hit with an impeachment attempt in
December 2017; Ma. Lourdes Sereno was unconstitutionally ousted as chief justice in May 2018; Australian missionary
Patricia Fox was deported in November 2018 for joining protest actions; and,
Rappler executive editor Maria Ressa was convicted of cyber-libel on June 15,
2020.
In several speeches, President Duterte was
quite outspoken about declaring martial law either as threat or inclination. He
actually put Mindanao under martial rule for two years and has been vocal of his
admiration of the former dictator Ferdinand Marcos.
Conduct
Since the outbreak of the pandemic, the
people have been cowering in anxiety and fear due to the risks and threats to
health and life brought about by Covid-19.
Such distress worsened when the Duterte regime unleashed a response to
the pandemic dubbed as “war on the covid-19”. War being the framework of the
response entailed the key role of state security forces in the subsequent
declaration of quarantine and/or lockdowns in the middle of March, 2020.
Thus, the ensuing common sight, in many
areas, of police and military forces—conducting checkpoints, doing searches,
issuing warnings and threats, making arrests, rounding up violators and even
shooting/killing a mentally ill former army soldier—is to acclimatize the
people to a militaristic design that can happen sooner or later.
This militarized conduct of the Covid-19
response compounds further the angst and dread of the populace especially the
poor and vulnerable—still agonizing from loss of jobs and livelihood;
constricted mobility and space; and hunger—caused by the quarantine.
It is disturbing and alarming indeed, that
amidst the combined public health and economic crises are the arbitrary closure of ABS-CBN; the
conviction of Maria Ressa and Rey Santos of Rappler News for the improbable crime
of cyber-libel; and, the arrest of two netizens who offered online hefty
“rewards” for anyone who can kill Duterte, the arrest and detention of six
jeepney drivers in Caloocan City for “violation of quarantine protocols”, and
of eight persons mostly from UP- Cebu for “illegal mass gathering” while
protesting against the Anti-Terrorism Bill. These incidents undoubtedly send a
chilling message not only to media people and cause-oriented groups but to the
whole citizenry as well.
Consequence
We
firmly believe and are convinced the Anti-Terrorism Act of 2020 (ATA) would
certainly curtail and impair the people’s basic Constitutional rights and
therefore would sow fear and passivity that could ruin people’s economic
initiatives and productivity and could engender more psychosocial, physical and
mental health problems among the people, especially in the ranks of the
impoverished majority that have been increasing exponentially during this
prolonged COVID-19 pandemic. ATA 2020 narrows further our democratic space,
choking the nation and people already gasping for fresh air of civil liberties
and other basic human rights. Indeed, this tyranny sees no end in inflicting
burdens on the people. This ATA appears to be the last straw that will break
the camel’s back of Philippine democracy.
A Contradiction
IRONICALLY,
in moments when our Government should be very concerned about the
people’s plight due to this global pandemic
they who vowed to defend and protect the people, to engage in more
productive and liberating laws, are the ones bringing the people and nation to
ruins, bondage and discord. The state comes up with an anti-terrorism bill
purportedly to quell terrorism but in the process will terrorize the very same
people they claim to protect from the same. Is this not state terrorism in the
guise of an anti-terrorism act?
Call to Action
We call on all people of goodwill and faith,
here and abroad, to register their stand against the Anti-Terrorism Act of 2020
in whatever form and capacity they can muster.
Reject Anti-Terrorism Act of 2020!
Resist Tyranny!
Defend Democracy!
Signed
|
Fr. Jose S. Bagadiong, Jr., SVD
Chairman, AMRAMSOC
PCAT Convenor
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Sr. Evangelina Labanda, SFIC
Provincial Superior, PSP
|
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Fr. Ephraim Arciga, MSC
Secretary, AMRAMSOC
Vocation Director, MSC Philippines
|
Sr. Maureen Cariaga, OSB
Officer, AWROC
|
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Fr. Melencio Balay, Jr. SVD
Chaplain, University of San Carlos
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Sr. Malu Javier, DC
Colegio de la Immaculada Concepcion
|
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Fr. Christian Buenafe, OCarm
Spirituality Officer, AMRAMSOC
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Sr. Agnes
Labitoria, SFIC
St. Joseph School of
Mactan
|
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Bro. Simon Peter Jardinico, FFC
Vice-Chairman, AMRAMSOC
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Sr. Fausta Cabrillas, SFIC
|
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Fr. Paul Yntig, SSP
Treasurer, AMRAMSOC
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Sr.
Eufemia Villegas, SFIC
|
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Fr. Renel Cabag, OAD
Auditor, AMRAMSOC
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Sr. Mariam Dungog, SFIC
|
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Sr. Mercedes Salud, SFIC
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Sr. Ailene Jamang, SFIC
|
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Sr.
Julienne Condrada, SFIC
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Sr. Jocelyn Alado, SFIC
|
|
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Sr. Milagros Jayma, SFIC
|
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Grace Magalzo-Bualat, MPS LIB
University of San Carlos
Faculty Member, USC Department of Political Science, School
of Law & Governance
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Rosario Sequitin, RSW
Professor
|
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Atty. Rounald A. Sitoy
Lawyer/Activist
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Atty. Magdalena M. R. Lepiten
Co-Convenor, Cebu for Human
Rights (C4HR)
|
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Atty. Anna Fionah L. Bojos
Co-Convenor, Cebu for Human Rights (C4HR)
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Atty.
Vincent Isles
Chair, Cebu Action Group
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Dr. Weena Gera
Associate Professor,
UP Cebu
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Ritz Lee Santos, III
Executive Director,
Balaod Mindanao
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Haley Atienza
Executive Director
PhilDHRRA
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Brenda de Guzman
Direct Service Program Staff
TFDP-Visayas
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Emalyn M. Aliviano
Spokesperson
Kilusan para sa Pambansang Demokrasya (KILUSAN
Cebu)
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John Wee, Jr.
Coordinator
Youth for Nationalism
and Democracy (YND Cebu)
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