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

Publication Date

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 5:06 PM

Environmental Impact Assessment (EIA) 2020: Why the draft is being opposed in India?

The Ministry of Environment, Forest and Climate Change (MoEFCC) sent a shockwave through the country when it released the Environmental Impact Assessment 2020 draft notification on March 12, 2020, amending the 2006 version.

The EIA serves as a means for the industries to obtain environmental clearances for their projects. The proposed projects are brought in front of the concerned public to be discussed and debated. If the projects proposed by the industries disturb the ecology and people living in that particular area to a large extent, then the Government cannot give permission for the project to continue.

There are several things included, or excluded, in the 2020 version which have enraged environmentalists, nature lovers and numerous concerned citizens across India.

Firstly, it includes post-facto approval. This means that any factory which has already begun with construction, will get a clearance, irrespective of the environmental damage it has already caused. However, the owners of the concerned factory will have to pay a fine of a certain amount.

Secondly, the new draft notification is released only in Hindi and English. Considering the lingual diversity of India, the communities which are not fluent in either languages will not know what the notification is about. This will reduce transparency and the livelihoods of such communities might get demolished without any warning.

The 2006 notification made it mandatory for every company involved in a project to submit a report every six months, verifying that the company is working within the terms of the granted permission and not going overboard with the available resources. The 2020 draft has extended the timeline of report submission once in twelve months. Moreover, certain projects like expansion of highways and road construction through forests are exempted from getting clearances.

Himalayan foothills, Sikkim, India | Source: Flowcomm via Flickr

Such features of the 2020 draft violate norms of the Environmental Protection Act (EPA, 1986) and also indicate that the scales are tipping dangerously towards the big industries, at the cost of our planet’s health. Livid cries have erupted from the people, especially those living in North-Eastern India and foothills of the Himalayas.

Himalayan ecology is at the brink of fragility and it requires stringent monitoring laws, the opposite of what EIA 2020 offers. "The Himalayan region today is in the most vulnerable position with massive climate-induced disasters, increasing deforestation, loss of biodiversity etc. Amending environmental norms will accelerate the ecological crisis in the Himalayas" says Ravi Chopra, a renowned environmentalist from Dehradun.

Since the draft has not come out in regional languages, the Karnataka High Court restrained the government from publishing the final document till it was accessible to a wider audience.

Although the government extended the deadline from June 30 to August 11, 2020, for the general public to pool in their opinions through emails, it shut down three main online websites on which youngsters of this country protested against EIA 2020. “We reasonably have a clear basis, based on our correspondence as well as our technical analysis, that this was a domain seizure by the government of this website” says Apar Gupta, executive director of Internet Freedom Foundation (IFF).

The EIA 2020 amendment does not do justice to the fundamental principles of environmental impact assessment and is more focussed in easing the clearance for the industries than the protection of the environment.

Economic growth, no doubt is important, more so at this trying time. However we should also bear in mind the cost which is to be paid for it, sooner or later.

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