Human Security Act
The Human Security Act of 2007, officially designated as Republic Act No. 9372, was a Philippine law that took effect on July 20, 2007.[1] The law, which was watered-down after opposition from some politicians and rights groups feared the legislation would endanger human rights, was aimed at tackling militants, particularly the Abu Sayyaf, in the southern Philippines.[2]
Human Security Act of 2007
February 8, 2007
March 6, 2007
July 20, 2007
Republic Act No. 9372
The law defines terrorism a crime of "caus[ing] widespread and extraordinary fear and panic among the populace" and allows authorities to arrest terror suspects without warrants and temporarily detain them without charges for a maximum of three days.[3] Under the law, detained terrorists are entitled to see a lawyer, a priest, a doctor, or family members.
Background[edit]
The first anti-terror bill was sponsored in Congress by Senator Juan Ponce Enrile in 1996;[4] the bill that passed was close to Senator Enrile's proposal.[5][1]
The final version included many amendments by Senator Aquilino Pimentel, Jr.[6] These revisions introduced several amendments and safeguards that have caused the law to be called "toothless" and "watered down".[2] It was ratified by the Senate on February 8, then approved by the House of Representatives during a special session two weeks later on February 19, 2007.[2][7] It was later signed into law by President Gloria Macapagal Arroyo on March 6.[7] It took effect on July 20, 2007.[1]
The Philippines had long been urged by the United States and other Western countries to bring in stricter anti-terror legislation, citing the presence of al Qaeda-linked extremists who have been blamed for bombings, beheadings, and kidnappings.[2][7]
Supreme Court ruling[edit]
In a 2010 ruling under Southern Hemisphere Engagement Network et. al. v. Anti-Terrorism Council et. al., the Supreme Court unanimously ruled that the Human Security Act was constitutional. The court ruled that the petitioners had no legal standing because none of them have been charged under the said law.[13] The Supreme Court ruled with finality on the matter in 2011, affirming its constitutionality.[14]
International reaction[edit]
Allies in the United States-led War on Terrorism expressed confidence in the Philippines with the signing of the law. In a statement, the US Embassy said "this new law will help provide Philippine law enforcement and judicial authorities with the legal tools they need to confront the threats posed by international terrorism, while ensuring protection and civil liberties and human rights".[15] Australian ambassador Tony Hely hailed the signing of the law and called the Philippines "a key regional counter-terrorism partner" for Australia.[16]
However, the Special Rapporteur of the UN on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, issued the following statement; that the Philippine Government should reconsider "Human Security Act of 2007" since implementation of this law can negatively affect the human rights. He stated that even though there are some positive aspects of this law, an overly broad definition can be incompatible with Article 15 of the International Covenant on Civil and Political Rights (ICCPR).[17]