A necessary act

The Philippines' landmark anti-terror law - the Human Security Act - came into effect on 15 July, 2007. If applied judiciously, this long-overdue law can help the Philippines better confront the threat of terrorism. The Philippines has been grappling with terror attacks by the New People's Army, Abu Sayyaf Group, the Rajah Solaiman Movement, and Moro Islamic Liberation Front for decades. For the first time, Manila will be able to respond effectively to terrorist offences. Furthermore, the law provides the Philippines with a clear definition of terrorism as a criminal act that "causes widespread and extraordinary panic and fear among the populace".

Rohan Gunaratna is the Head of the International Center for Political Violence and Terrorism Research (ICPVTR) in Singapore. He is an international terrorism expert and author of the acclaimed Inside Al Qaeda (Columbia University Press, May 2002).

Kenneth George Pereire is a Research Analyst at ICPVTR.

The Philippines Human Security law is also a boost to ASEAN counter-terrorism initiatives. It finally brings the Philippines in line with its southeast Asian neighbours in battling Islamist militants. More significantly, it will help enhance counter-terrorism cooperation in the region. Due to the transnational nature of terrorist groups such as Jemaah Islamiyah and Al Qaida, it is imperative that southeast Asian countries combating the terrorist scourge be equipped with the necessary tools to confront the threat effectively.

The new law allows for stronger measures facilitating the arrest of potential terrorists. This amounts to a deterrent against future terrorist actions; militants will be less able to plan and carry out attacks now that security services have greater powers of surveillance and detention. Those detained by Philippines security and law enforcement forces can be speedily brought to task and prosecuted for offences committed and planned. They will then be available to foreign law enforcement agencies in the region for questioning if transnationallinks are apparent.

Although the present Philippines Human Security Act has been watered down from its initial version, the key elements needed to combat terrorism more effectively are still intact. These include the court-authorised surveillance of terrorism suspects through wiretaps and tracking devices, the detention of terrorism suspects without charge for a period of three days which can be extended during actual or imminent attacks, and the examination and freezing of suspected terrorists' bank accounts and other personal assets. The law still prohibits the monitoring of suspects' communications with lawyers, doctors and journalists.

For the Human Security law to work effectively, however, Philippines authorities must institutionalise the necessary safeguards to prevent abuse. They also must recognise the need to revise the laws at a later stage so as to make it a more potent weapon against terrorists. Enacting counter-terrorism legislation is a key component of combating terrorism but law cannot remain static. Counter-terrorism legislation must be continuously fine-tuned and revised accordingly and within the rule of law, taking into account the evolving nature of the terrorist threat. Only then will abuses be minimised.

Already, there exists widespread opposition to the Human Security Law. Since the President backed the law in March 2007, it has provoked the ire of different groups within both government and civil society circles. There is a widespread fear that the law may be misused to harass political opponents. On 9 July 2007, the Catholic Bishops conference of the Philippines (CBCP) sought a review and further dialogue on the anti-terror law. Similarly, about 300 left-wing activists demonstrated against the implementation of the Act and declared that they intend to challenge its legality in the Supreme Court.

Others however believe that the new anti-terror law will protect human rights by forcing authorities to operate within a legal framework. Military forces have dealt with terror threats for years but have been accused of extra-judicial killings. If enforced properly, the new law will protect human rights by drawing a firm legal line that anti-terror units must not cross.

All counter-terrorism campaigns must be fought within the rule of law and the Human Security Act empowers security forces to do just that.