US lauds ratification of Philippines' anti-terrorism bill

By Pia Lee-Brago

The Philippine Star 02/21/2007

Manila--The US Embassy lauded yesterday the House of Representatives’ ratification of the anti-terrorism bill and the approval of the bicameral conference committee report on the bill.

"For us, it is a very good and positive step (for the Philippines). The Philippine law enforcement and judicial authorities should have this kind of tools that are needed to counter terrorism," press attaché Matthew Lussenhop said.

He also said the US government was not disappointed with the delay in the passage of the anti-terror measure, pointing out that "we respect Philippine democracy and its legislative consultative process and it takes time."

The embassy said Washington is convinced that the Philippines remains committed to passing an anti-terror measure even if Manila failed to fulfill its promise to pass such a law in 2005.

President Arroyo had assured Washington on Nov. 12, 2005 that the anti-terror bill would be passed into law before that year ended.

In a special session, the House late Monday approved a watered-down version of the Human Security Act passed by the Senate two weeks ago. Mrs. Arroyo is expected to sign it into law.

The President hailed the bill’s passage, saying it would be "a potent weapon and armor to shield not only the people but our economy as well from this global scourge."

She called on Congress to send the bill to her so she can sign it into law and urged the military "to finish off the Abu Sayyaf and keep our national perimeters clean of terror."

The US and other Western countries have been pushing the Philippines to enact an anti-terrorism law for years, citing the presence of militants operating freely in the country’s southern islands.

The measure, introduced a decade ago, is the first legislation to specifically address terrorist offenses, defining terrorism as a criminal act that "causes widespread and extraordinary fear and panic among the populace."

It grants authorities access to bank accounts they believe are being used to launder money for terror outfits.

It also reiterates the right of security forces to detain suspects without charge for three days, a provision already on the Philippines’ law books. Security forces had asked that the detention period be increased to one month.

The maximum punishment for terror offenses was set at 40 years in prison.

Human rights activists and some lawmakers stalled the bill, citing concerns over the possibility that it could lead to rights abuses.

The left-wing group Bayan said the definition of terrorism was "too broad and vague," warning it could be used to stifle "legitimate forms of dissent." It vowed to question the measure before the Supreme Court.

House Majority Leader Prospero Nograles said amendments introduced by opposition members had weakened its purpose.

Armed Forces chief Gen. Hermogenes Esperon acknowledged that the bill was far short of the anti-terror laws in other countries, but said it was still "an excellent start" than not having one at all.

In a bid to allay fears about rights violations, lawmakers included a clause in the bill that grants compensation of up to P500,000 a day for people wrongfully detained.

Justice Secretary Raul Gonzalez said al-Qaeda-linked groups with violent track records, like the Abu Sayyaf and the Indonesia-based Jemaah Islamiyah, will most likely be proscribed under the new law.

The inclusion of other Muslim rebel groups and the communist New People’s Army (NPA) will have to be studied, he added.

Police and the military will be asked to recommend groups for inclusion in a list of terrorist organizations, Gonzalez said.

Under the proposed law, any group espousing terrorism or resorting to terrorist acts to extract an unlawful demand from the government would be considered outlawed after the Department of Justice has applied for its proscription before a trial court. Such groups would be duly notified and given a chance to refute the allegations.

Membership in outlawed groups would be considered a crime, but the proposed law did not cite any specific punishment. An offender may be cited as an accessory or for conspiring to commit terrorism.

The NPA, which has been waging a 38-year rebellion, may be outlawed because of its violent goal of overthrowing the government and inclusion in European and US blacklists.

Gonzalez suggested that the Moro Islamic Liberation Front may not end up on the terror list because of its involvement in Malaysian-brokered peace talks with the government.

Tarlac Rep. Benigno Aquino III questioned the hasty approval of the bill, saying it should have been passed after the May midterm elections so it would not be seen as a possible way for the administration to quell the opposition. – Marvin Sy, Jaime Laude, Delon Porcalla, AFP, AP