PHILIPPINES DEFENDS ANTI-TERRORISM LAW AND EMPHASIZES RESPECT FOR HUMAN RIGHTS AT UN ICESCR DIALOGUE

March 8, 2025 Community Billboard

The Philippine Delegation led by NEDA Undersecretary Rosemarie Edillion emphasized the Marcos, Jr.’s
Administration’s respect and promotion of human rights during the Constructive Dialogue on the country’s 7th
Periodic Report under the International Covenant on Economic, Social, and Cultural Rights (ICESCR) held in
Geneva, Switzerland, on February 18-19, 2025. The dialogue, which focused on the relationship between peace, security, and human rights, saw the Philippine government firmly defending its implementation of the Anti-Terrorism Act (ATA) of 2020 while underscoring its commitment to upholding fundamental freedoms.

NSC Assistant Director-General Jonathan Malaya, a member of the Philippine Delegation, said that the country received praise from the CESCR Country Rapporteur Asraf Ally Caunhye of Mauritius, who described the Anti-Terrorism Act as “a perfectly good law in itself” and emphasized, “It’s the responsibility of the state to ensure public safety and public order.” Malaya told the UN Committee that allegations of misuse of the law by the Marcos, Jr. administration “are clearly unfounded and without basis,” asserting that all cases filed under the ATA undergo
rigorous legal scrutiny. “All cases filed for violation of the ATA are a result of extensive investigation and evidence
gathered by law enforcement agencies.

The prosecutors of the Department of Justice conducted preliminary investigation, found probable cause to indict the respondents, and filed the necessary information before the courts,” he said. He added that “The courts
conducted their own judicial review of probable cause and concurred with the findings of the DOJ and, as a result, issued the warrants of arrest. If there was no basis or misuse of the law, the courts would have dismissed the case outright.” He said that allegations of misuse because of dismissal by the courts of some cases are misplaced. “It is crucial to distinguish between cases that failed due to lack of evidence and those where strong evidence led to convictions.

The existence of dismissals does not indicate misuse of the law; rather, it affirms that the judicial process works as
intended-ensuring that only well-founded cases proceed to trial,” he said. Malaya emphasized that the law itself is not the problem. “The dismissal of some cases reflects the courts’ independence and adherence to due process, not an inherent flaw in the ATA. Meanwhile, cases with solid evidence continue to be prosecuted, reinforcing the law’s legitimacy in combating genuine threats of terrorism,” he said. He told the UN Committee that since the passage of the law, the country’s ranking in the Global Terrorism Index has fallen.

“From being in the top 10 of countries impacted by terrorism, the Philippines is now 19th and this ranking is expected to further slide as the government fully utilizes the law to stamp out and defeat terrorism and all its forms in the country,” he said. “The enforcement of the ATA is done with utmost responsibility.” He stressed that “it is never used arbitrarily or whimsically, and every action we take adheres to due process and the rule of law.” Malaya also informed the UN that after a thorough review, the Supreme Court ruled on the constitutionality of the ATA,
striking down certain provisions but upholding the majority of the law. “The high court’s decision affirms that the
State has the legal framework necessary to pursue and hold terrorists accountable while safeguarding civil liberties.

It upholds our most cherished freedoms and due process while keeping the public safe and secure from the scourge of terrorism,” he said. He also told the UN that to further strengthen safeguards against potential misuse, the
Supreme Court subsequently issued the “Rules on the Anti-Terrorism Act (ATA) of 2020 and Related Laws,” providing clear guidelines on critical aspects such as detentions, surveillance orders, designation, and proscription.
“These rules ensure that the rights of all Filipinos are protected and provide legal remedies consistent with the
Constitution.

The guidelines reinforce that the fundamental constitutional rights of any individual or group designated under the ATA remain fully safeguarded,” he said. Addressing the issue of alleged “red-tagging,” another member of the PH Delegation, Undersecretary Ernesto Torres Jr. of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) told the UN Committee that “As stated by the Philippines during the Universal Periodic Review, there is no state policy to attack, harass, or intimidate human rights defenders, including environmental rights defenders, lawyers, and other practitioners of the legal profession, and media.” “The NTF-ELCAC has often been mischaracterized, particularly regarding
allegations of ‘red-tagging.’

The NTF-ELCAC’s mandate is dedicated to safeguarding the human rights of all individuals. We provide accurate information about individuals involved in ‘terror grooming or radicalization,’ empowering people to make informed choices that protect themselves and their communities,” he added. Torres further stated that, “The Philippine government respects all ideologies as long as they do not espouse violent extremism seeking the violent overthrow of a duly constituted authority.”