Thursday, July 30, 2020

With a new Anti-Terror Act: Philippines take another step towards authoritarianism

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Vanshita Banuana

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With a new Anti-Terror Act: Philippines take another step towards authoritarianism

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Global Views 360

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July 30, 2020

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President Duterte addressing the 18th Congress

President Duterte addressing the 18th Congress | Source: Oliver Marquez via Philippine News Agency

On July 3, 2020, President of the Philippines, Rodrigo Duterte signed a new Anti-Terrorism Bill, which was rushed through the houses of Congress without appropriate discussion, and has amassed protests and disapproval within the nation and abroad since its draft was first announced.

The Confederation of Lawyers in Asia and Pacific (COLAP) has raised concerns that anti-terrorism bill of the Philippine government is “violative of human rights and the due process of the law.” It's statement opposing the the bill stated following concerns with the bill:

  1. It punishes suspected individuals for organizations who are proscribed as terrorists and that the very broad and vague definition of terrorism under the bill poses danger to the basic freedoms of the people.
  2. The suspect’s right to due process of law is virtually denied and the presumption of innocence until proven guilty by a court is virtually negated.
  3. It enable the President-backed Anti-Terrorism Council to label any individual or group as a terrorist “without the opportunity of being heard.
  4. Any member or sympathizer of a proscribed organization is punished as a terrorist even if he or she does not actually take arms against the government.
  5. The bill encroaches on one’s privacy as it gives the government access to personal and bank information and freezes bank accounts and assets.
  6. The bill violates the sovereign rights of states and the internationally mandated norm that criminal jurisdiction is confined to the territories of a state, citing its extraterritorial nature.

Hundreds of protestors took to the streets of Manila protesting the bill on 27th July when President Duterte gave his annual State of the Nation address. While it is true that the has nation faced the threat of terrorism in recent years, it is also agreed upon that Duterte’s response has been perhaps equally brutal.

This bill was also criticised by the Christian religious organisations which issued a joint declaration on this law. They stated “We are bothered by the broad and vague definition of terrorism and terrorist. It can include acts of dissent, free speech, right to assemble, right to organize, freedom of belief, among others. By such a broad definition it is open to abuse and misuse.”

An opposition Congress member, Edcel Lagman and two lawyer groups of Philippine approached the Philippine Supreme Court and asked it to strike down the new anti-terrorism law, or parts of it, as they called it unconstitutional for infringing on civil liberties.

The Philipino American Student Association (FASA) also denounced the new anti-terrorism law in its Instagram post which stated, “FASA sa UW denounces Duterte’s signing of the Anti-Terrorism Bill to which its terms do nothing to resolve the true terrorism in our nation and instead conducts an outright assault on the freedom of speech from our people living on the motherland and even Filipinx abroad,”

International Human Right organisation, Amnesty International’s Asia-Pacific Regional Director, Nicholas Bequelin, in response to this law said, “Under Duterte’s presidency, even the mildest government critics can be labelled terrorists. He further stated, “This law’s introduction is the latest example of the country’s ever-worsening human rights record. Once again, this shows why the UN should launch a formal investigation into ongoing widespread and systematic violations in the country.”

Prior to this, Duterte’s ‘war on drugs’ received global scrutiny, especially for the numerous extrajudicial killings that have occurred since he came to power and the effect of this aggressive policy on the poorest citizens of the nation.

Apart from this, he has also repeatedly voiced opinions in favour of martial law and silenced news media that spoke against him. But he seems to be encouraged largely by his own people, among whom Duterte continues to be popular.

Many have called Duterte the ‘revival’ of authoritarianism in the small Southeast Asian country, which has only recently seen some semblance of democracy after years of dictatorship under Ferdinand Marcos (of whom Duterte was a close family friend).

The Philippines is walking a thin line between fascism and democracy, and which side it ends up on depends not only on the actions of its government, but just as much on the actions of its people.

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February 4, 2021 5:14 PM

What If Trump Loses The Election... And Decides To Fight The Result

In an interview in July 2020, Donald Trump, President of the United States, told an American TV host, Chris Wallace that he is “not a good loser,” when asked about the possibility of the November Presidential election results not being in his favour. “I am not going to just say yes. I’m not going to say no.”

Since he began his run for President in the 2016 elections, Trump has been extremely vocal about claiming rigged elections even after he won, and that Democrats have set out to make him lose through a variety of alleged means. Similarly in this election, he has continuously claimed that expansion of absentee and mail-in ballots will ‘corrupt’ the election. Even before the pandemic, as early as May 2019, there were concerns that Trump won’t allow for an easy transition of power, to the extent that Speaker Nancy Pelosi had to comment on them.

Trump’s photo in Coronavirus section of a Newspaper | Source: Charles Deluvio via Unsplash

It’s possible Trump has been escalating this rhetoric because his COVID-19 mismanagement among other things, has put him behind his rival Joe Biden in national polls. It is bad enough that a President is questioning the integrity of elections with little to no proof to back up his exaggerations, but this will almost definitely lead to the people of the country— whether his supporters or not— distrusting the elections as well.  

Despite the absentee and mail-in ballots being provided due to the coronavirus pandemic, to enable social distancing and to allow people to vote safely from home. Trump has often played down the coronavirus pandemic, and called Anthony Fauci, the National Institutes of Health expert on infectious diseases, an “alarmist” for raising issues pertaining to COVID-19.

The chances of an “electoral meltdown” are slim, but not impossible; the right (or wrong) mix of factors can lead to disaster. Lawrence Douglas, professor of law, jurisprudence and social thought, at Amherst College, Massachusetts. imagined a scenario where the difference between Trump and Biden rests on swing states and mail ballot results. Given the chance of a higher than usual number of mail-in ballots this year due to the pandemic, delays in counting votes are to be expected. Trump wouldn’t be slow to claim rigged elections and refuse to wait for all votes to be counted and right-wing media wouldn’t be slow to broadcast this everywhere.

In a closely fought election like this US Presidential election , the ‘Swing states’ (where both parties enjoy similar levels of popularity) will play a major role in the outcome. Three of the major swing states in America: Michigan, Wisconsin, and Pennsylvania have Republican lawmakers but Democratic governors. Each state is required to submit electoral certificates declaring the election winner in their state. By the time all votes are counted, Republican legislatures and Democratic governors might end up submitting conflicting election results for the same state.

A similar stalemate had occurred in 1876. It led to a “disastrous” compromise and the 1887 Electoral Count Act, which, according to Professor Douglas, may prove deficient in preparing for an impasse like the one that currently looms in the realm of possibility.

If Trump were to challenge the result he might have a few options for his course of action. He could challenge the results in court, as happened in 2000 in the state of Florida. Or, Republicans in state legislatures might use the Constitution to override the decision of the popular vote.

According to speaker Nancy Pelosi, Democratic nominee Joe Biden, and some Trump campaign spokespeople believe that Trump will accept the results of the election but do not rule out the possibility of him putting up a fight.

For others, given what is known about Trump’s behaviour, it’s more or less anticipated that he, and his twitter, will be raging with a lot of accusations if he loses the election, especially if it happens by a close margin. The important questions related to what he chooses to do about it and who backs him up.

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