Date: March 2003

After AMLA Comes Anti-Terror Bill

Following the signing of the amended Anti-Money Laundering Act (AMLA) into law, President Gloria Macapagal-Arroyo has prodded Congress into prioritizing the passage of an anti-terrorism law. This is expected to stir more controversy than any piece of legislation the country has passed in recent years.

In a country where people have yet to forget the specter of Martial Law under the Marcos dictatorship, any legislation, which seeks to legitimize warrantless arrest, is expected to face rough sailing. Previously, militant groups even prevented the government from passing a national ID system for fear that it could be used to violate human rights.

The Arroyo government is now trying to convince senators and congressmen that an anti-terror law is needed in order to confront the upsurge in terrorist activity. The president said that such a law would complement the amended AMLA or Republic Act No. 9194, which seeks to halt the transfer of illegally acquired wealth through the banking system.

President Arroyo called for the passage of the anti-terror law amidst an escalation of hostilities in Mindanao and the fresh outbreak of terrorist activities committed by Muslim extremists against innocent civilians. The presence of Islamic separatists in the south and communist insurgency movements throughout the country puts the Philippines in the unenviable list of terrorism hotspots of the world.

The US State Department has tagged the Abu Sayyaf group, a band of Muslim extremists in Mindanao and the New People's Army, the armed wing of the communist movement as foreign terrorist organizations. The Arroyo government is also now thinking of asking the US to include the Moro Islamic Liberation Front (MILF) on the list.

A recent article of the prestigious Forbes magazine identified the Philippines as one of 15 countries that could pose problems to global stability in the future. The security threats in the Philippines, Indonesia and Malaysia stem from the presence of Islamic fundamentalist and separatist groups and the cells of Osama bin Laden's al Qaeda network in all three Southeast Asian countries.

Whether the local insurgency movement in the Philippines can be resolved through an anti-terror law remains in question. At this point, militant groups are wary that the law may be tantamount to Martial Law by another name. During the Marcos period over 10,000 Filipinos were subjected to indiscriminate arrest between 1972 to 1983. Without a concurrent onslaught in the fight against poverty and corruption, the cause of much insurgency will not be eliminated.

Among the versions of the proposed anti-terror law now being discussed are controversial features such as giving the police the power to arrest without a court order and the power to detain suspects for 36 hours even without charges being laid. The bill would also allow the use of electronic surveillance, wire or cable tapping in order to obtain information.

These features of the proposed new law are controversial in the sense that they waive the civil liberties now being enjoyed by Filipinos under a democratic form of government. Giving the military and the police such wide powers are considered dangerous at the very least for the simple fact that Filipino soldiers and policemen were the ones who committed human rights violations under the Marcos regime.

Interestingly, the main proponent of the anti-terror bill is Senator Panfilo Lacson, the former chief of police under the Estrada government. Lacson is somewhat enigmatic. He has been questioned in the past for his alleged links to organized crime groups. At the same time he is also known for his tough, no nonsense stance against criminal activity during his stint as police chief.

One indication that the anti-terror bill would meet tough opposition from a wide range of politicians and militant groups alike is the involvement of the Commission on Human Rights (CHR) in the warrantless arrest of suspects in the March 4 Davao City bombing that killed 21 people and injured over 150 others.

One question being asked is why would the country need an anti-terror law? People have pointed out that the local government of Davao was able already last week to arrest people without charges and court orders in their investigation of the recent airport bombing. Similar incidents happen in Mindanao regularly whenever soldiers round up Muslim communities every time a terrorist activity is committed.

Just last week, the Department of Justice formed a national task force that will investigate and prosecute cases of terrorism and national security concerns.

While an anti-terror law could possibly mitigate tension in Mindanao, it could cause more trouble to other parts of the country should an ambitious individual assume the presidency and use it to his or her own ends. It happened two decades ago, and there is no assurance that it would not happen again.

At present, the fact that the CHR, a government agency protects the rights of the suspects in a brazen act of terrorism only proves that the country still respects the rights of individuals above all else.

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