Activism is not terrorism: Esperon

July 22, 2020

National Security Adviser Hermogenes Esperon Jr on Wednesday said under the Anti-Terrorism Act, which took effect on July 18, activism is not considered as terrorism.

During a pre-State of the Nation Address (SONA) briefing, Esperon assured the public that the Anti-Terrorism Act has safeguards.

“The Anti-Terrorism Act states as a matter of policy that the State shall uphold basic right and fundamental liberties of the people as enshrine in the Constitution and in the course of this policy, ‘the government shall not prejudice respect for human rights which shall be absolute and protected at all times’,” he said.

Esperon added that under the Section 4 of the Anti-Terrorism Act, terrorism shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights.

“It is therefore very clear that activism is not terrorism and terrorism is not activism,” Esperon said.

“Don’t be afraid of the Anti-Terrorism Act. This is for all of us,” he said.

Esperon said law enforcers who conduct surveillance without an order from the Court of Appeals, destroying resources of surveillance, and failing to submit a copy of written notice after arresting an individual to the Commission of Human Rights (CHR) will be imprisoned for 10 years.

“Violation of rights of detainees, failure to exercise and maintain logbooks, torture and coercion during investigation and interrogation shall be punishable with imprisonment,” he said.

“There are a lot of punishments when a mistake was committed. That’s why we need ... trained people that will work in counter-terrorism,” he added.

As another safeguard, Esperon said the Anti-Terrorism Council will not function as a judicial body.

“We are therefore confident that with this Anti-Terrorism Act, we will be better equip and capable in addressing menace of terrorism. The Anti-Terrorism Act therefore will usher in the culture of security through orderly and legal implementation of laws and procedures with due regards for human rights, liberty and life,” he said.

Esperon said the Implementing Rules and Regulations (IRR)will be their operating manual.

“And this will be provided to the joint congressional oversight committee as well as the Commission on Human Rights so we will be very transparent. But we will assure you that what we want to accomplish is to defeat the terrorists, especially the matter of foreign terrorists,” he said.

Meanwhile, Interior Secretary Eduardo Año in the same briefing said IRR is not a requirement for the implementation of the law but if there is no imminent threat from terrorism, they can wait for the IRR.

“The law is already effective… but if there is no IRR, there are so many people who might question law enforcers in carrying out the law in certain provision and application. So to prevent that from happening, let’s just wait for the IRR,” he said.

“If there is a terrorist threat, we have to apply it… if the life of the people is at risk we have to implement the law but if there is no terrorist threat, we can wait for it,” he added. Ella Dionisio