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COVID-19 and Conflict | How Duterte’s new Anti-Terrorism Act is terrorizing Filipino citizens, not helping them survive the COVID-19 pandemic

The Philippines, like many other countries, has been hit hard by the COVID-19 pandemic, but a stronger blow was delivered to its citizens and democracy when the Anti-Terrorism Act was passed at the height of the pandemic in July this year. This event reveals President Rodrigo Duterte’s prioritization of the consolidation of his authoritarian regime’s power—at the expense of Filipino citizens. An increased state police and military presence justified as necessary for curbing the spread of COVID-19 shows that this law is being implemented, with dire implications for freedom of speech and expression as those critical of Duterte’s rule are imprisoned or terrorized.

“Junk Terror Law”. Photo by: Maro Enriquez, July 27, 2020 State of the Nation Address protest

Since current president of the Philippines Rodrigo Duterte came into office in 2016, over 20,000 deaths have been ascribed to his regime. Extrajudicial killings have been rampant, many justified by a ‘war against drugs’ necessitating killings to ‘root out drug criminals’, and many of the victims were from the country’s poorest population segments. National and international criticism of this approach have been strong, but has been met with resistance from the state, along with oppressive measures. Activists, farmers, peasants, indigenous peoples, unionists, journalists, lawyers, and human rights advocates accused of being communists or leftist sympathizers due to criticizing Duterte’s decisions and actions faced constant harassment and threats.

Consequently, instead of focusing on more evident socio-economic concerns such as poverty, unemployment, food security, sex trafficking, child sexual exploitation, and other pressing issues facing the country, the administration over the past years has chosen to address what was perceived as political challenges to the Duterte administration through the increased deployment of the police and military.

Things took a turn for the worse when COVID-19 spread across and took hold of the country, with the administration instrumentalizing the pandemic to encroach upon citizens’ right to dissent through its imposition of strict quarantine measures in the name of curbing the virus. This echoes other findings of the instrumental use of COVID-19 regulations for continued or increased political oppression, as in the case of Zimbabwe. In the Philippines, people were not allowed to leave their homes without proper identification cards, as well as permits issued by the local government to move around. Those who would protest, even following social distancing protocols, would be arrested without warrants or charges. The laws are seen to not be applied equally, with the administration telling its citizens to show compassion for government officials who broke quarantine rules while heavily sanctioning, harassing, and even imprisoning those who would protest, beg for food, put up community food stalls, or circumvent the absence of mass transportation.

What makes the Philippines different from other countries that have similarly implemented strict and sometimes unreasonable lockdown measures has been the parallel passing of the Anti-Terrorism Act.

As the country struggles with increasing COVID-19-related deaths and infections, the pandemic’s effects on the economy and the healthcare system have been severe. The clearest indication of the apparent authoritarian character of the state, and its failure to govern on behalf of its people, has been the swift formulation and passage of the country’s Anti-Terrorism Act. The implementation of this law in July this year in an attempt to further control the country shows evidence of a focus on strengthening the Duterte regime and stifling opposition at a time when a state intervention to relieve citizens of the burden of the COVID-19 lockdown should have been the first priority.

Silencing dissent, exacerbating the lockdown’s effects

The Anti-Terrorism Act of 2020 replaces and expands the definition of terrorism under the old Human Security Act. This could have far-reaching consequences: the law essentially allows for the state to suppress freedom of speech in a way that transgresses human rights. The removal of certain key provisions in the Human Security Act are of particular concern: 1) the right to due process; 2) the right against unreasonable searches and seizures; 3) the right to privacy and correspondence; and 4) the right to freedom of expression and association. Moreover, the act enables detention on mere suspicion of a crime, longer detentions without charge and no remedies, and no liability on law enforcement.

This law hence provides the government with the legal tools to oppress and silence those who dissent and oppose injustice. United Nations High Commissioner on Human Rights Michelle Bachelet pointed out how the law has a “chilling effect on human rights and humanitarian work”. In light of the pandemic, these clauses make it more difficult for ordinary citizens to access legal remedies to protect their human rights, organize, or peacefully dissent because of their inability to assemble.

On June 26th this year, Rey Valmores-Salinas, Bahaghari’s[1] national spokesperson, organized a Pride march in Mendiola as a means to make known the unified voice of the LGBT sector against authoritarian and ineffective COVID-19 responses. Critical of the ‘militarized’ policing of adherence to lockdown regulations, hundreds of protesters took to the streets and clashed with the police, leading to mass arrest based on unfounded charges.

Similarly, members of the national civil society organization Unyon ng Mga Manggagawa sa Agrikultura (UMA)[2] due to their demand for basic needs and livelihood support in the time of COVID-19 have been terrorized by the state police on an ongoing basis. There have been several instances of unannounced raids made at the homes of organization members, which have been framed as a ‘necessary part of the government’s house-to-house contact-tracing interventions to curb the spread of COVID-19’. Antonio ‘Ka Tonying’ Flores, UMA’s national chairperson, claimed that this was a smokescreen for ‘red-tagging’ activists who are considered insurgents by the state. Even their relief operations and community kitchens that have helped assist the poorest communities of the country during the lockdown have been disrupted by the state military and police on several occasions, apparently because they ‘pose a threat to the authoritarian Duterte regime’. This is substantiated with the state’s belief that these forms of gathering could lead to community organizing towards a unified resistance against the Duterte regime.

The use of armed forces to contain the pandemic, as well as the silence of dissenters, is cause for alarm, as it may signify an unchecked abuse of state power and the lack of prioritization of addressing the effects of the COVID-19 lockdown on the country. The Anti-Terrorism Act that has allowed for oppressive state actions has led to the terrorization of ordinary citizens—and to the increased alienation of the citizenry from the state. We are using this space to create a platform for dialogue and awareness of what is happening to the Philippines as it continues to suffer the effects of the pandemic and the authoritarian state. There are currently 15 groups petitioning against the law at the Supreme Court. We call upon the international community to keep a watchful eye and to stand in solidarity with the country.


About this article:

This research on COVID-19 responses in authoritarian state settings was conducted between June and August this year as part of the ‘When Disaster Meets Conflict’ (Discord) project. The methods utilized include a desk review of secondary data sources and interviews with key informants who initiated locally-led/grassroots interventions between March 2020 and present in response to the impacts of the COVID-19 pandemic.

On the ‘COVID-19 and Conflict’ Blog Series: When Disasters, Conflict and COVID-19 Collide:

Responding to the international COVID-19 pandemic is particularly complex in settings of (post) conflict and/or conflict settings underpinned by authoritarian political regimes. In such scenarios, the national responses to the pandemic may be weakened, the infrastructure to respond adequately may be lacking, and power games may easily ensue where response to the pandemic get instrumentalized to serve political interests. To get a better grasp of the interaction and dynamics of top-down and bottom-up COVID-19 responses in such settings, research was conducted in seven different contexts over the summer of 2020, and the findings will be showcased on Bliss through several blog articles. 

The research underlying the blogs was facilitated by the Netherlands Organisation for Scientific Research (NWO) and made possible by a NWO grant (number 453-14-013). It is linked to the research project ‘When Disaster Meets Conflict’ (Discord) hosted at the ISS. More comprehensive findings of the case studies will be shared in different formats, including working papers or articles, on the VICI research webpage: www.iss.nl/whendisastermeetsconflict


[1] Bahaghari is a national-democratic organization of LGBT militants and patriots in the Philippines. It is struggling alongside oppressed people for national emancipation in the fields of economy, politics, and culture. (https://www.facebook.com/BahaghariLGBT/)

[2] Unyon ng mga Manggagawa sa Agrikultura (UMA Pilipinas) is the national progressive center of unions, federations, and organizations of agricultural workers in the Philippines. (https://umapilipinas.wordpress.com/)

About the authors:

Patricia Luzano Enriquez holds a Master’s degree in Development Studies, specializing in Social Policy for Development, from the ISS of Erasmus University Rotterdam. Her research interests and socio-political activism include intersectional feminism, gender, sexuality, human rights, and social justice. She is based in The Hague.

Martin Dacles is a scholar-activist specializing in disaster risk reduction, resilience building, and the localization of humanitarian aid, in Asia Pacific, Africa, the Middle East, and the Caribbean. He recently obtained his Master’s degree in Development Studies at the ISS of Erasmus University Rotterdam. Currently, he is based in Sint Maarten, the Caribbean as the DRR Delegate of The Netherlands Red Cross.

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Counter-terrorist legislation is threatening independent humanitarian relief, and is set to get worse today by Dorothea Hilhorst and Isabelle Desportes

The Netherlands has recently joined a handful of other Western countries in developing counter-terrorism legislation with the hope of stifling terrorist activity and threats. The new legislation on counter-terrorism recently passed by the Dutch Parliament (Tweede Kamer) will be discussed in the Senate (Eerste Kamer) today. Thea Hilhorst and Isabelle Desportes warn that the effects of such legislation should be examined critically, in particular implications for humanitarian actors whose work risks to be criminalized when they operate in areas with high levels of terrorist activity.


The formulation of counter-terrorist regulations has proliferated ever since the 9/11 attacks on the Twin Towers in New York that served as a major wakeup call on the potential impact of terrorism. Aiming to prevent terrorists’ mobilization of new members and resources, such regulations forbid any form of direct or indirect support to armed groups designated as terrorist organizations. Although legitimate in themselves, the regulations can come with negative political and human rights implications, in particular for humanitarian aid.

A key historical example there is the worst drought in decades that hit the Horn of Africa in 2011. In Ethiopia and Kenya, state, non-state and international actors managed to respond in time to prevent mass casualties resulting from a lack of water and food security. In Somalia, however, the drought resulted in an estimated 260.000 deaths. This was partly down on the long-time conflict that rendered Somalians extremely vulnerable to drought, and the ongoing operations of Al Shabaab, that restricted people’s mobility to migrate to safer areas. However, it is now becoming apparent that the death toll was also exacerbated by donor counterterrorist measures, especially from the United States. Fearing that aid would fall into the hands of terrorist organizations, restrictions were put on international agencies that wanted to come to the rescue of Somalians in need, leading to lower humanitarian financing, non-access to people in need, aid delays, suffering, and death. Similar developments are now happening in Yemen.

Both counter-terrorism legislation and International Humanitarian Law are aimed at protecting people, especially civilians. Yet, counter-terrorism legislation, as well as accompanying donor requirements, can stand in the way of impartial life-saving humanitarian assistance. Humanitarian action should always be needs-based and non-discriminatory. A humanitarian doctor’s first question to a patient should be “Where does it hurt?”, not “What group are you from?”. Counter-terrorism laws can shift the focus in the humanitarian sector to the labelled identity of those in need, resulting in the refusal to help victims who are extremely vulnerable and whose survival is dependent on humanitarian assistance based on their (religious) identity and the fear of ‘supporting terrorist organizations’.

A 2018 survey of aid agencies conducted by the Norwegian Refugee Council identified numerous problems resulting from counter-terrorism legislation. This includes difficulties in channelling funds to areas requiring humanitarian assistance because banks fear being seen as supporting terrorist organizations. In addition, humanitarian actors feel restricted because negotiating with terrorist organizations controlling specific regions could be viewed as an act of support. Last, international agencies find themselves cut off from local implementing partners because of the possibility that they might have been in contact with terrorist organizations, whether knowingly or unknowingly. The ultimate consequences are that humanitarian actors risk being detained and held personally liable for doing their job, and that impartial care for people in need gets blocked.

Blanket bans on presence in entire geographical areas

Most recently, we are seeing a new wave of legislation that steps away from only branding organizations as terrorist and criminalizing support to these groups. Instead, new counter-terrorism laws are applied to entire geographical areas. Such bills, covering humanitarian action as well as independent journalism and academic research, have been passed in 2018 in countries including Australia and Denmark.

The new legislation is an answer to the situation of people who travelled to Syria to join IS. But experience in Syria also shows how assistance is affected by these types of measures. The Assad government has been criminalizing aid since 2012, and aid workers report in the above-mentioned Norwegian report that this meant, for example, that banks were not allowed to transfer their money and that they sometimes had to travel with more than half a million Euros in cash through difficult areas, which was of course much more risky than wiring the money.

Yet, another route can be taken. An EU package of measures that proposed restrictions for travelling to designated terrorist-dominated areas adopted in 2017 therefore made an exemption for humanitarian action. Following advocacy efforts of INGOs amongst others, similar exemptions were made in the UK’s Counter Terrorism and Border Security Bill in January 2019.

Dutch legislation needs to exempt independent humanitarian action

Today (12th November), the Dutch Senate will discuss a law already passed in Parliament that does not make exemptions for independent humanitarian action, apart from the Red Cross. Its proponents argue that exemptions would be too complicated, not least because wannabe terrorists often pose as humanitarians. However, it would be possible to incorporate more nuance and make sure that exemptions are extended to humanitarian agencies who operate following International Humanitarian Law and humanitarian principles, as done by the EU and argued by international law specialist Piet Hein van Kempen. As academics working on humanitarian issues, we call for a more engaged and thorough discussions between policy-makers, practitioners and scientific experts from the fields of both counter-terrorism and humanitarian aid. We call for counter-terrorist measures to ensure that they avoid hurting some of the world’s most vulnerable people, thereby creating further grievances in areas already under the influence of terrorism.


This post was simultaneously published at From Poverty to Power.


Image Credit: European Union 2018 (photo by: Peter Biro). The image was cropped.


TheaAbout the authors:

Dorothea Hilhorst is Professor of Humanitarian Aid and Reconstruction at the International Institute of Social Studies of Erasmus University Rotterdam. She is a regular author for Bliss. Read all her posts here. isa

Isabelle Desportes is a PhD candidate working on the governance of disaster response, in particular the interplay between humanitarian and local actors.

 

Terrorism not in my name by Tariq Modood


Muslims are now at the centre of two forms of terrorism. On the one hand, acts of terror carried out in the name of Islam and/or to defend a Muslim population by fellow Muslims. And on the other, acts of terror by white supremacists carried out in the name of western, Christian, or European civilisation. How should one respond to terrorism carried out in one’s name?


I put aside for now forms of state terrorism such as those carried out by the US-led alliance in Iraq, by Israel, by the Assad regime in Syria, or by China in Sinkiang, for example, because they deserve a separate discussion.

The first thing to note on the two kinds of terrorism I am interested in is that, globally speaking, the overwhelming majority of the victims are Muslims (just think of Pakistan and countries such as those in which groups like ISIS operate). I shall, however, confine myself to western or white-majority countries. In other words, I am thinking of attacks such as those carried out on the London transport system in 2005 and on Muslim worshipers in Christchurch, New Zealand in 2019 – where Muslims are a minority and also a minority – albeit not an insignificant one – of the victims.

There are a number of interesting questions that can be asked about the two kinds of violence mentioned at the top of this blog. For example, the two seem to have some kind of causal or reactive connection and one could explore that aspect and wonder if both are set to increase as they feed off and copy one another. One may also ask about the role of religious identity, especially as there seems to be two different dynamics at work. In the case of Islamist-inspired violence, the relationship with religious identity seems direct, even if based on deviant interpretations of Islam. In the case of the Christchurch killer, a direct appeal to Christianity seems to be at best civilizational rather than faith-based; its relationship to religious identity is that it is explicitly in the name of opposition to a specific religious identity, namely Islam, or more precisely to a hatred of Muslims, in other words, Islamophobia.

My question here is: how should those who share the relevant generic named identity (eg., being Muslim, being white, being a Westerner) respond to the violent evocation of their identity by perpetrators of violent crimes? And, further, can there be a basis of cross-arching unity through such responses and bi-sided condemnations?

Since 9/11 many western (and other) Muslims have been numerously asked to condemn Islamist acts of atrocities. While all or nearly all do so, some Islamists and left-wing Muslims also object to non-Muslim fellow citizens asking them to do so. They bristle against the assumption that they might be supportive of such atrocities and ask why is the condemnation sought only from Muslim citizens. Isn’t the desire for public condemnation by their fellow citizens a kind of collective suspicion of all or most Muslims, which is only one step short of collective blame, which would be racist?

Requiring rituals of public condemnation of jihadi terrorism by co-citizens just because they are Muslims may indeed be Islamophobic. But perhaps Muslim co-citizens not spontaneously – without being asked to – distancing themselves from Islamist terrorism shows a diminished civic identity? Or perhaps not?

One test of this, or at least an opportunity to reflect on it, presents itself with the growing white supremacist terrorism. Should white citizens – in virtue of being white and co-citizens – feel obliged to say anything to groups victimised by such terrorists? Are Muslims or other relevant minorities owed a condemnation by co-citizens? Does it matter that such condemnation by white people would reassure and express solidarity with their Muslim co-citizens? Is the requesting of white people to make such a condemnation or the spontaneous making of it by them an acceptance of collective blame and the not making of it, siding with racism and Islamophobia?

While we should not overlook that western Muslims live under a burden of suspicion and stigmatisation with constant pressure to conspicuously exhibit they are good citizens in a way that most white people do not have to, we should all indeed strive to be good citizens. Zealous witch-hunting of Muslims is not good citizenship; but nor is not spontaneously attending to one’s co-citizens fears and anxieties and cultivating forms of solidarity.

Given that the two kinds of attacks that I have been discussing here are likely to grow at least in the short and medium-term and that they are meant to divide communities and citizenries, can bi-sided ‘not in my name’ condemnations rather than the silence of ‘nothing-to-do-with-me’ be the appropriate response of citizens and political leaderships?


This article was originally published on openDemocracy and is part of a series on Global Extremes.


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About the author:

Tariq Modood is Professor of Sociology, Politics and Public Policy and Director of the Centre for the Study of Ethnicity and Citizenship at the University of Bristol and a Fellow of the British Academy. His latest books include Multiculturalism: A Civic Idea and Essays on Secularism and Multiculturalism (2019). He recently held a seminar about ‘Accomodating Religious Diversity in Secular Institutions’ at the ISS.

This project has received funding from the European Union’s Horizon 2020 research and innovation programme, under the GREASE project (grant no. 770640) and the BRaVE project (grant no. 822189).

The opinions expressed in these blog posts are the sole responsibility of the authors. The European Union is not responsible for any use that may be made of the information or opinions contained herein.