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No less than a draconian measure

The only way for the GMA administration to realize her much touted Strong Republic is to use force. Thus it is no surprise that she upheld massive deployment of military troops in almost all regions of the country, ours is not spared. Complementing militarization is the conduct of Balikatan exercises of Philippine and American troops in different areas of the country.

We have seen how militarization in Mindoro and the rest of Southern Tagalog through the command of Jovito Palparan displaced several communities, harassed leaders of people’s organizations without excuse to women and even killed a number of activists and members of legitimate people’s organizations. What was commited in Mindoro is now being duplicated in Samar where Palparan is now assigned. We hear about grave human rights violations happening in Mindanao perpetrated by the Southern Command. Innabuyog shudders at the case of 60-year old Angelina Bisuna Ipong, a peace advocate in Western Mindanao who was abducted by 10 unidentified men in Aloran, Misamis Occidental on International Women’s Day last March 8. Angelina was kept for 13 days and was presented to media at the headquarters of the Southern Command blindfolded as a top-ranking official of the Communist Party of the Philippines (CPP). A complaint with the Commission on Human Rights was filed by Gabriela, rights group Karapatan and the Health Action for Human Rights last May 11.

Arroyo’s “strong republic” is characterized by the rising number of human rights violations. There is now a systematic killing of leaders of legitimate people’s organizations particularly members and leaders of the partylist Bayan Muna. Last month, the AFP released its “Knowing the Enemy”, a PowerPoint presentation identifying legal organizations as CPP fronts.

The Arroyo administration refuses to acknowledge the worsening situation of human rights in the country. She remains quiet at the rising death toll. Instead, her administration’s answer is a proposed Anti-terrorism Bill.

Rep. Liza Maza of the Gabriela Women’s Party (GWP) describes the proposed anti-terror measure as “dangerously broad” as several of its provisions directly violate the Bill of Rights in the Constitution, including the right to assembly, free speech, right to privacy. The Anti-terrorism Bill gives the Department of Justice (DoJ) the authority to identify so-called terrorist organizations. A known lawyer of the Public Interest Law Center and consistent civil libertarian Edre Olalia also says that the bill’s definition of terrorism is overboard and vague thus open to subjective interpretation and therefore institutionalized abuse. Olalia explains that the definition of terrorism includes even the “threatened use of violence, force or by any means of destruction” which may be conceptually and practically problematic especially that the different stages of crime commission is not defined. The proposed bill does not legally define with clarity concepts like “danger, terror, panic, fear or chaos”. These concepts may be amorphous and expansive and thefore subject to the unbridled discretion of peace officers.

Clearly, the proposed anti-terror measure is a direct threat towards legitimate political activity when the activity does not coincide with the State’s pronouncements, programs and policies. The terms or concepts used in the bill can be interpreted by the State to legitimize its attack on the people asserting their rights.

The Arroyo administration is falling thus its only way to save itself is through force. Anti-terror bills previously filed in congress were junked because of popular and massive protests against a draconian measure.

Atty. Olalia also asserts that there are aready laws or provisions like BPO 880 or the Public Assembly Act, the Labor Code and the revised Penal Code that easily make what otherwise is legimate advocacy to become unlawful like no permit-no rally, no strike vote or failure to observe cooling off period in labor strikes and speeches or materials that may be branded as seditious or inciting to sedition. In fact, all the predicate felonies and acts mentioned in the anti-terror bill maybe covered by existing penal laws and international covenants, making them superflous and unnecessary.

There are no other targets of this proposed measure but people who are asserting their rights through their legal organizations and actions. It is a measure that potentially and actually erodes further the civil and political rights of the people and provides further legal impunity for their violations. It makes the rights and freedom of the people secondary to purported “peace and order” and “national security” considerations and puts a legal imprimatur on the already factual and legal impunity of violators of civil and political rights. Lastly, the Anti-terrorism Bill violates the constitutional provision mandating that no law shall be passed abridging the freedom of expression and of the press.

Innabuyog joins all groups and individuals in stopping this draconian measure. This is another form of state terrorism and should be immediately opposed. Congress should be warned on any railroading of this legislative measure. It should instead think of measures on how the Philippine majority should be enjoying their full rights as human beings, ensuring opportunities for women’s development and as people belonging to a sovereign nation. #

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