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 4:49 PM

The case of Huawei: How that impacts Canada-China relations

In December 2018, Meng Wanzhou, the Chief Financial Officer for Huawei, a China-based tech company which is dominating the telecom supplies, was arrested in Vancouver, Canada on her flight stop to Mexico. This was done on a request from the USA with whom Canada has an extradition treaty. She was sought by the USA for allegedly dealing with Iran using an American banking system in spite of the sanctions placed on Iran by the country, in 2013. In May, Wanzhou lost the legal challenge to the extradition process, meaning that they will go ahead with the extradition proceedings.

Within days of Wanzhou’s arrest, two Canadian citizens in China were arrested on alleged accounts of spying. This is seen as a retaliation for the Wangzhou arrest by the Canadian Prime Minister Justin Trudeau, who says that there is a direct link between Wanzhou’s arrest and those of Michael Spavor and Michael Kovrig,  the Canadians who are detained in China. Though China has been tight-lipped about the link between the two, these two incidents are often raised jointly by the Chinese spokesperson. David Mulroney, former ambassador for Canada to China, has said that the officials in Beijing are mirroring the ongoing extradition case to that of the detained Canadians.

Although Mr. Trudeau has in the past repeatedly emphasized the need for good relations with China, and has enthusiastically worked on them to the point of agreeing to discuss a Canada-China extradition treaty. But the China-Canada relations already started souring much before the arrest after a trade deal fell through in 2017. Many major carriers in the country, some of which have been outspoken in their support of Huawei, have decided to shun the company and opt for western alternatives instead. One of them, Bell Mobility, even announced that it will use equipment from its Finnish rival, Nokia.

Huawei is considered a symbol for China’s technological prowess, and the arrest is seen by the Chinese Communist Party as an attack on its symbol of technological achievement. The Chinese state-owned newspaper the Global Times calls the act a “political persecution launched by the US, with the intention to contain China’s high-tech development.” The China Daily also criticized the court ruling as unfair and potentially harmful in mending the Canada-China relations.

There has also been a backlash from legal experts and family members of the detained Canadians on the Canadian policy of letting the extradition charges proceed and not going with a prisoner swap. Mr. Mulroney, however, feels that it would legitimize “hostage diplomacy”, which would put at risk all traveling Canadians for arbitrary arrests to gain political leverage. There is a stark difference between the condition of the hostages and that of Meng Wanzhou, for while the two prisoners spend their days in small cells in isolation, interrupted by interrogation and bland meals, Wanzhou lives in her Vancouver mansion, being happy about the fact that she can spend more time reading and oil painting, now.

The Canadian government is also claiming that it has to let the extradition process go on without political interference as to not compromise the independent, legal decision of surrendering the Huawei CFO. Mr. Mulroney has said that “it wouldn’t be the right thing to do. It would compromise the integrity of both our democracy and our justice system,” and that their values need to count for something. Brian Greenspan, a Toronto lawyer with experience on extradition cases, has said that the government has the power to withdraw from the extradition case, and that the lessons from a previous case in which political pressure affected an international case, are being applied wrongly here.

There are many sides to this tension, complicated by previous feuds, economic decisions, the detentions of the Canadians and Wanzhou and the difference between the political and the legal, and the many opinions on whether it should be that way.

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