Critical Analysis of the Human Security Act of 2007 and its Implications to National

Security

What is:

Terrorism is the systematic use of terror especially as a means of coercion. (Meriam-

Webster’s Dictionary)

In March 6, 2007, RA 9372 otherwise known as the Human Security Act of 2007 was
promulgated creating the crime known as terrorism and declaring it as “a crime against the
Filipino people, against humanity, and against the law of nations”.

The law defines the crime of terrorism to be the commission of “any of the crimes of:
A. Under the Revised Penal Code.
i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters
ii. rebellion
iii. Coup d’etat
iv. Murder
v. Kidnapping and Serious Illegal Detention
B. Under Special Laws
i. Arson under P.D. 1613
ii. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand.”
(Discuss recent incidents on terrorism. This will be the “what is” in your problem scenario.)
What Should be:
The Constitution provides that the maintenance of peace and order, the protection of life, liberty,
and property, and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.
It is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to
condemn terrorism as inimical and dangerous to the national security of the country and to the
welfare of the people, and to make terrorism a crime against the Filipino people, against
humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution. ( Section 2, RA 9372)
Gap or Discrepancy:
Prevalence of terrorist attacks can still be observed, despite the existence of the human
Security Act of 2007. Possible reasons may be the weakness of the law enforcers to implement
the said law, or that the provisions of the law might have flaws which hinders proper
implementation.
Useful Data:
Senate Bill No 735 (Manuel Villar) Explanatory Note:
In recent years, the Philippines has faced terrorist attacks from two sources: Islamist separatists
and communist rebels. The Philippine Army was pursuing the Abu Sayyaf Group, a radical
Islamist organization known for its bandit-like tactics which include kidnapping and abduction of
women, even before the infamous September 11 terror attacks. The U.S. government says the
Abu Sayyaf has ties to the al-Qaeda terrorist network. The Philippine government had also been
discussing economic development of Muslim areas to combat discontent. Philippine anti-
terrorist efforts, however, have been undermined by weak and sometimes corrupt law
enforcement.

Philippines acts to strengthen

counter-terrorism law

Manila (Philippines), 16 September 2011 - Though Southeast Asia is best known as a top
tourist destination and a dynamic region, high-profile terrorist attacks in the past decade have
demonstrated a need to develop comprehensive rule of law-based measures for countries there.
The Human Security Act (HSA) of 2007 was meant to fill this gap in the Philippines, but in its
original form this law was little used due to concerns on human rights violations, procedural
practicalities, the accountability of law enforcement officials, and the legality of some of its
provisions.

To address these issues and make the HSA law a more effective and fair tool in the fight against
terrorism, a technical working group under the leadership of the Philippines' Anti-Terrorism
Council met recently to amend the HSA. Supported by the UN Office on Drugs and Crime
(UNODC), the group brought together front-line law enforcement officials, legal practitioners,
government officials and counter-terrorism experts. Attendees discussed the definition of
terrorist offences, the design of practical and accountable investigative techniques, and changes
to the HSA to fulfill the Philippines' obligations under international law.
Attendees included the National Security Council, Anti-Money Laundering Council Secretariat,
Department of National Defense, Armed Forces of the Philippines, Philippine National Police,
Department of Foreign Affairs, Department of Justice, Office of Solicitor General, Department of
Finance, Department of Interior and Local Government, National Intelligence Coordinating
Agency, Office of Civil Defense, Philippine Center on Transnational Crime, National Bureau of
Investigation, Bureau of Immigration, and Office of Senator.

The Philippines has ratified the first twelve of the sixteen international counter-terrorism
conventions - more than any other country in Southeast Asia. By the end of 2011, it is expected
to enact legislation against the financing of terrorism and to amend the HSA. This represents
significant progress by the Philippines in strengthening its legal regime in the fight against
terrorism.

The UNODC Counter-terrorism Programme assists the Philippines in drafting legislation on

extradition and on countering the financing of terrorism. In 2011-2012, it will arrange training
for specialized law enforcement and inter-disciplinary collaboration. These activities are designed
in close consultation with and to be undertaken in close cooperation with national counterparts,
including the Department Foreign Affairs, Department of Justice, the National Police, the Anti-
Terrorism Council and the Anti-Money Laundering Secretariat.

BACKGROUND
The support provided by the UNODC is part of its assistance delivery to address the legal and
criminal justice dimension of countering terrorism. UNODC has covered terrorism and
international cooperation for many years. Since 2003, it has carried out its counter-terrorism
assistance work under the lead of its Terrorism Prevention Branch through a Global Project on
"Strengthening the Legal Regime Against Terrorism". To strengthen the regional and country
focus in its counter-terrorism work, in 2011 UNODC started a sub-programme on "Partnership on
Criminal Justice Responses to Terrorism" for countries in Southeast Asia, under the leadership of
the UNODC Regional Centre for East Asia and the Pacific.

Programme activities are financed through voluntary contributions provided by donor countries,
including Austria, Canada, Denmark, France, Germany, Italy, Japan, the Netherlands, New
Zealand, Norway, Sweden, Switzerland and the United States of America