6 July 2020
We at PASA join with the Australian Government in condemning China in passing the National Security Act which will aim to brutally curtail rights and freedoms recognised under International law.
We also call on the Australian Government to be similarly vocal in condemning the fast track Anti-Terrorism Law railroaded by President Duterte and signed into law on June 4. This was in a climate where UN High Commissioner for Human Rights Michelle Bachelet, in her report to the current 44th session of the UN Human Rights Council, expressed alarm at the Covid-19 virus being used in the Philippines as “an opportunity to silence critics leading to a further accelerated downward spiral of the human rights situation in the country with no accountability whatsoever for the multiple human rights and humanitarian law violations.”
The Anti-Terror Law of the Philippines is equally draconian as the China National Security Act. The definition of terrorism is vague and can be used against any one who might disagree with Duterte whether it be persons taking part in legitimate rallies and strikes, or publishing any materials revealing the truth of human rights abuses or government anomalies. Already farmers, fisherfolk, indigenous peoples, human rights defenders, lawyers, journalists, religious persons and even other politicians have been attacked and red-tagged by a Government Task Force, accused of being terrorists, resulting in false charges or even death. This law has now added a “legal” cover to continue the crack down on any opposition.
Apart from the vague definition of “terrorist”, the Law gives the police and military the right to arrest and hold people for 24 days with no warrant, no charges and no right to legal council. This can be on the basis of “suspicion” which again, if we look at what has been happening, gives an open authority to arrest all those red-tagged already. Those deciding the guilt or innocence of the accused will be Cabinet members and a special judge will be appointed by them to hear the charges. Penalties can be life imprisonment with no right to the ordinary process of appeal. The countries judicial system is totally undermined and the fundamental right to a lawyer and appeal processes ignored.
Just like the National security Law of China, the Philippine Anti-Terrorism Law also reaches to persons in other countriies who should express their opposition to Duterte’s war on drugs, killing of activists, refusal to release political prisoners, closing down of media, militarization of the handling of the Covid-19 crisis, or any other anti-people policies of the Duterte Government, whether on social media, interviews or attendance at rallies. This becomes even more worring particularly for Filipinos living in Australia and enhancing culturally and economically Australian society.
Last year, general Parlade, the head of the Task Force specifically tasked with “red-tagging” opposition groups and persons, was allowed into Australia and proceeded to call terrorist and terrorists supporters some individuals and organisations here with no basis. Included among those “red tagged” was Sr Patricia Fox, spokesperson for PASA, who had been targetted by Duterte in 2018 and forced to leave the Philippines.
We call on the Australian Government:
- To condemn the passing of the Anti-Terror Act in the Philippines;
- To vote for the UN resolution proposed by Michelle Bachelet that an independed body be set up to investigate human rights abuses in the Philippines, the undermining of democratic institutions and challenge the culture of impunity.
- To press for the continuation of the case in the ICC against Duterte and his war on drugs before the number of victims, including women and children, increases further.
Lastly we demand a stop to Australian Military Aid to a Government that has no respect for human rights.