CHR reminds gov’t: Uphold rights amid Anti-Terrorism Law
Though acknowledging the intent of the Anti-Terrorism Law to “curb terrorism,” the Commission on Human Rights and other groups reminded the administration that its fight against rebels should not come at the expense of fundamental freedoms, a concern raised against provisions of the new law.
According to the commission, which was present during deliberations at the Senate and House of Representatives, that “the law puts at risk the guaranteed rights of the people” leaves much room for reservations.
“Our position has been clear: CHR deplores how violence by terrorists have disregarded individual and collective rights through the destruction of properties and loss of lives. We are against terrorism. But in the pursuit of a safer nation, we cannot compromise our human rights,” lawyer Jacqueline Ann de Guia, CHR spokesperson, said in a statement.
“With the law’s passage, CHR will hold on to the government’s commitment, alongside the sponsors and advocates of this law, that human rights will be upheld at all cost. This includes a commitment to protect free speech; the right to dissent and petition redress for grievances; due process and presumption of innocence; and respect for human dignity and the value of human life among others,” she added.
As it stands, the Philippines has been included in a watchlist of countries which have seen worsening civic space conditions due to continued incursions on free speech by state forces, particularly the national police.
Kapatid, a support group for families and friends of political prisoners, said in a statement that the passage of the law would only increase the number of those behind bars in the country’s already-congested prisoners.
This, as concerns continue to mount over the apparent silence of prison officials in the face of anxious family members worried about relatives behind bars.
“We will mince no words in censuring this government’s gross attempt to weaponize the law against an increasingly critical citizenry.As we have said, the law will erode our already diminishing democratic rights and institutionalize the crackdown on any form of dissent that will likely increase the number of political prisoners in the country,” said Fides Lim, Kapatid spokesperson.
Data from the Bureau of Jail Management and Penology (BJMP) from October 2019 said that the bureau posted a 450% congestion rate, which, they said, meant that six prisoners occupied the space of four square meters, which was only meant for one detainee.
The country’s jails and prisons have been releasing Persons Deprived of Liberty in cognizance of the risk posed by overcrowded facilities.
“For almost three months since 22 political prisoners appealed for releases on humanitarian consideration, we’re still awaiting the resolution of our petition. One of the petitioners, Reina Mae Nasino, has already given birth but her infant child is now locked up with her in jail simply because of judicial inertia,” she noted.
In a separate statement on Saturday, the International Coalition for Human Rights in the Philippines also slammed the chief executive for what they said was waiting until after the UN Human Rights Council dialogue on the human rights situation in the country in order to avoid criticism from the international body.
“We are alerting the international community of an all-out escalation of right abuses in the Philippines now that the last piece of the puzzle in his Martial Law agenda is in place. Bringing the Anti-Terrorism Act into force will escalate state terror against civilian critics of the government, and provoke even stronger protest movements,” said ICHRP chairperson Peter Murphy.
“We call on President Duterte to turn away from this pathway of increased repression, but our main call is to the international community to cut military and police aid to his government, and to isolate his government from any international legitimacy,” he added.
That same day, just 24 hours after the bill’s signing into law, eleven protesters bemoaning the bill were arrested in Cabuyao, Laguna. Accounts say they were aggressively apprehended and were not read their Miranda rights nor informed of the charges for their arrest, both part of standard operating procedure that cops are required to do when conducting arrests.
Similar warrantless arrests have been common during the months-long COVID-19 quarantine, with cops oft citing social distancing reasons, though the Bayanihan Heal as One Act has since expired. Those arrested also reported a litany of procedural violations while in detention.
“Ensuring that we live in peace is a human right. Let’s not frame human rights as if they are mere hindrances. They are the standards by which we demand actions from the government for a better, dignified life,” the commission said.