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 4:45 PM

China's attempt to curtail Hong Kong's autonomy: Will it force the people to leave Hong Kong?

The sovereignty of Hong Kong was reverted to China by Britain in 1997. Although it became part of China but enjoyed some autonomy and internal democracy due to the “one country, two systems” arrangement between Britain and with China at the time of handover. This arrangement of autonomy and democratic rights were supposed to last until 2047. However, the Communist Party of China had been pushing for a new security law which would curb the voices of the residents significantly, criminalizing acts of secession, subversion, terrorism or collusion with foreign forces. “This law means that China will have the power to impose its own laws on any criminal suspect it chooses,” says Joshua Rosenzweig, the head of Amnesty’s China team.

This is a part of the agitation that is faced by the Hong Kong residents; the economy is shrinking, the government is more focused on linking the city to the mainland than investing in education and affordable housing, peaceful protests have turned violent and are facing police brutality. This has caused changes in international relations with respect to economy and immigration, and a flurry of Hong Kong residents exploring options to leave the city. Skilled workers are seeking to move out of the city, renewing documents which will provide a pathway to residency in Britain, or ways to emigrate to Taiwan, Canada or Australia.

Britain, which had colonised Hong Kong until 1997, announced that it would extend visa rights for all the people eligible to apply for British National Overseas passport, which includes 3 million people, if China went through with the law. The Chinese foreign ministry said that this move violated international law, and that China reserves the right to take measures they see as necessary.

Taiwan has announced that it will set up an office for those who are planning to leave Hong Kong. Chinese government has said that there has been no stifling of freedoms and providing shelter for “rioters and elements who bring chaos” to Hong Kong would bring harm to Taiwan’s people. The island country had housed Hong Kong’s protesters who feared harsh treatment by the law and enforcement since 2019, with its own history of dissension with mainland China.

USA, on a similar vein, has taken away the special economic status Hong Kong had with them, and that the Chinese plans are a “tragedy.”

Many pro-democracy protesters who were on the radar of Chinese government have started  escaping the country to protect themselves and continue the protests from their adopted countries. The excessive use of brutal force against peaceful protesters led many people to fear for the future of their families for which they started to consider leaving the city . The same fear is also driving more than half of the people within the age group of 18 to 24 towards exploring the option of moving out of Hong Kong..

Even after worldwide criticism, mainland China remains adamant on violating the freedoms of the people of Hong Kong. Amidst a collapsing economy which just lost its preference from a world superpower and living under the constant threat of oppressive actions are driving the well healed parsons to look for greener pastures away from Hong Kong.

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