By Carlos H. Conde
International Herald Tribune
Published: February 8, 2007

MANILA: The Philippine Senate on Wednesday approved a far-reaching anti-terrorism bill despite opposition by politicians, leftist groups and human rights advocates who are fearful it might be misused to stifle civil liberties.

The bill must now be reconciled with legislation passed in the lower house last year, but no significant changes are expected before it is submitted to President Gloria Macapagal-Arroyo for her signature.

Sixteen of the 18 senators present in Wednesday’s session voted in favor of the Human Security Act, previously called the Anti-Terrorism Act, which had been languishing in the Philippine Senate for the past three years.

There was no immediate reaction from the administration of Arroyo, who had lobbied strongly for the bill’s passage. The president had said in the past that an anti-terrorism law would assist her government’s campaign against terrorist groups that continue to pose a threat to Southeast Asia.

Under current Philippine statutes, terrorism is not defined as a crime. Most terrorism suspects are charged with common crimes, such as illegal possession of firearms or murder.

Under the bill approved Wednesday, anyone who harms or threatens to harm a person, group, the general public or damage public infrastructure such as the Internet — can be considered a terrorist. It prescribes penalties not only for those who actually commit a terrorist act, but also for those who help, directly or indirectly, the commission of the crime.

The bill also allows the government to identify groups as terrorist and says that anyone who is a member of such a group can be considered a terrorist. It also stipulates that terrorists are barred from plea bargaining and probation.

Last week, the Arroyo administration called for the immediate passage of the bill by capitalizing on the praise it received from President George W. Bush after the deaths of leaders of Abu Sayyaf, an Islamic separatist group behind many violent acts, including bombings and kidnappings.

Although the Senate is controlled by the governing party, the bill had not been approved earlier mainly because of criticism by the political opposition and human rights groups that it was too sweeping and vague.

The Arroyo administration said last month that this law, if passed, could serve as a model for other countries in Southeast Asia that have pledged to intensify their efforts against terrorism.

Aside from the Abu Sayyaf, other groups such as Jemaah Islamiyah operate in the country, particularly in the troubled south.

While most legislators agreed that the country needed an anti-terrorism law, many were concerned about the implications of such a law on civil liberties.

The bill “is, arguably, the most terrifying piece of legislation ever submitted for the consideration of the Senate,” Aquilino Pimentel Jr., the minority leader, said two weeks ago. One of his objections was that the bill would allow suspects to be arrested without warrants and jailed for more than two weeks without charges.

On Tuesday, Pimentel and the other opposition senators successfully introduced amendments that, in Pimentel’s words, “defanged most of the sharp teeth” of the bill. These included dropping a provision that would make it compulsory for journalists and other professionals bound by client confidentiality, such as lawyers and doctors, to disclose information about their clients to the authorities.

Another amendment increased the compensation that a person wrongly or illegally detained on terrorism charges can demand from the government 50,000 pesos to 500,000 pesos, or $1,030 to $10,300, for each day of detention.

“The purpose of this amendment is to ensure that law enforcers exercise utmost caution in arresting and detaining persons suspected of terrorist activities without formal charges and warrant from the courts,” Pimentel said Wednesday.

Under the original bill, a person who is arrested without a warrant could be detained up to 15 days. This was amended Tuesday to no more than three days, in order to conform with the country’s Bill of Rights.

But despite these amendments that were meant to safeguard civil liberties, Filipino leftists continue to criticize the bill.

“The passage of the anti-terror bill bodes ill for human rights advocates and critics of the administration,” said Renato Reyes Jr., the secretary general of the New Patriotic Alliance, the country’s largest leftist organization. “We fear that the bill will increase the powers of the state and thereby perpetuate human rights violations.”

Karapatan, a human-rights group, said Wednesday that “under this bill, constitutionally guaranteed rights of protest and redress of grievances will be curtailed and may even be considered as terrorist acts.”