The implementation of Republic Act 9372, more commonly known as the Human Security Act, on July 25 was met with protests from different sectors of the Philippine society. Media organizations in particular called for it to be repealed as it threatens the press freedom in the country.
In a roundtable discussion held at the University of the Philippines College of Mass Communication (UP-CMC) last August, Prof. Danilo Arao, faculty member of the (UP-CMC)and Jose Torres Jr., chairman of the National Union of Journalists in the Philippines (NUJP) stressed that the HSA has a chilling effect on journalists. The fact that the media may be wiretapped on the mere suspicion of involvement in terrorism stops a journalist from seeking and exposing the truth.
Section 7 of the law makes it legal to wiretap or electronically survey terror suspects, with only the approval of any Regional Trial Court. Authorities may intercept and record all communications of suspected terrorists and their alleged conspirators.
According to Prof. Arao, it is easy to become a suspect with the broad and vague definition terrorism. While the HSA identifies specifically the crimes that qualify as terrorism (piracy in general and mutiny in the high seas, rebellion or insurrection, coup d' etat, murder, kidnapping and serious illegal detention, crimes involving destruction, arson, hijacking, highway robbery, and illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives), the added definition which also defines �terrorism� as an act of �sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand�, makes terrorism a catch-all crime.
Torres said that this definition enables the law to be used as an instrument to silence the current administration�s critics, suppressing legitimate expressions of political dissent and social protest in the process. Among the organizations the government is itching to tag as terrorists is the CPP-NPA-NDF, which it has already labelled as an �enemy of the state�.
The HSA can not only survey journalists but ordinary people as well, as long as they are suspected of engaging in terrorist acts. Aside from intercepting communications, authorities may also examine the bank deposits, accounts and records of suspected terrorists and their alleged conspirators. This, according to Prof. Arao is a clear violation of the right to privacy.
To oversee the implementation of the law, an Anti-Terrorism Council was formed, composing of Executive Secretary Eduardo Ermita, Justice Secretary Raul Gonzalez and Security Adviser Norberto Gonzales. The Council was responsible for directing the arrest of suspected terrorists, recommending the proscription of suspected terrorist groups, investigation and prosecution of all persons accused of terrorism or conspiracy to commit terrorism, and freezing bank accounts of suspected terrorists.
Background
The HSA started with the Anti-Terror Bill which was first filed in Congress by Juan Ponce Enrile in 1996. The final version was crafted by Senators Manny Villar and Aquilino Pimentel, Jr. It was ratified by the Senate on February 8, 2007, and by the House of Representatives on February 19. On March 6, it was signed into law by President Gloria Macapagal-Arroyo.
The Philippines had long been urged by western countries to pass stricter anti-terror legislation. The Anti-Terror Bill was revived in the aftermath of the September 11 bombing of the World Trade Center in the United States, after the US has learned of the alleged involvement of Muslim organizations in Mindanao with the Al Qaeda group which has been blamed for the attack.
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