ASEAN Anti-Terror
Pact Seen to Curtail Rights on Regional Scale
The Convention on
Counter-Terrorism is being paraded about as one of the achievements of
the 12th ASEAN Summit, held Jan. 12-15 in Cebu. The Arroyo
government presents it as a big leap for Southeast Asia in what is
described as a “global war” on terrorism. However, it is feared that the
pact could only cause the curtailment of human rights on a regional
scale.
BY ALEXANDER MARTIN
REMOLLINO
Bulatlat
AGAINST THE
”WAR OF TERROR”: Critics have assailed the ASEAN Convention on
Counter-Terrorism, saying it will curtail human rights on a regional
scale, within the framework of the U.S.-led anti-“terror” war |
|
The Convention on Counter-Terrorism is being paraded
about as one of the achievements of the 12th ASEAN
(Association of Southeast Asian Nations) Summit, held Jan. 12-15 in Cebu.
It is being presented as a big leap for Southeast Asia in what is
described as a “global war” on terrorism.
Expressing what is described as the ASEAN member states’ deep concern
“over the grave danger posed by terrorism to innocent lives,
infrastructure and the environment, regional and international peace and
stability as well as to economic development,” the anti-terror accord –
which is described as the first of its kind on a regional level – calls
for the improvement of cooperation among member countries for the
prevention of “terrorist” attacks, as well as fast intelligence sharing
and relaying of terror warnings.
The anti-terror pact also calls on the ASEAN member states to curb the
financing of “terrorist” organizations, and engage in counter-terrorism
training.
“The ASEAN Convention on Counter-Terrorism advances our
shared interests in terms of common security,” President Gloria
Macapagal-Arroyo told reporters in a press conference on Jan. 15 at the
Cebu International Convention Center (CICC) in Mandaue City. “It
provides for the framework for regional cooperation to counter,
prevent and suppress terrorism. The Philippines will benefit from the
convention in terms of training, intelligence sharing and networking
with ASEAN member countries.”
“Global terrorism has assumed new forms of virulence,”
Foreign Secretary Alberto Romulo said in a statement that same day. “We
will make sure that this community is more secure and resistant to the
threat of terror.”
The president of an international lawyers’ group,
however, has said that the ASEAN Convention on Counter-Terrorism is far
from being something to be proud of. Edre Olalia, president of the
International Association of People’s Lawyers (IAPL), said the
convention could cause the curtailment of civil and political rights, as
well as other human rights, on a regional scale.
In a message received by Bulatlat, Edre Olalia –
president of the International Association of People’s Lawyers (IAPL) –
pointed out that the term “terrorists or terrorist groups” is not
defined anywhere in the pact.
“(This)
opens real danger for subjective, arbitrary and dubious labeling,
proscription and criminalization of individuals and organizations that
are legitimate especially if viewed within the framework of the U.S. war
of terror where ASEAN, most exemplified by the Philippines, falls into
as an important component,” Olalia said. “It poses even greater
restrictions on right to travel and freedom of movement, among others.”
Terrorist acts
Article II of the pact cites as “criminal acts of
terrorism” offenses falling under the following treaties:
Convention for the Suppression of Unlawful Seizure of Aircraft, signed
at The Hague, The Netherlands on Dec. 16, 1970; Convention for the
Suppression of Unlawful Acts Against the Safety of Civil Aviation,
concluded at Montreal on Sept. 23, 1971; Convention on the Prevention
and Punishment of Crimes Against Internationally Protected Persons,
Including Diplomatic Agents, adopted in New York on Dec. 13, 1973;
International Convention Against the Taking of Hostages, adopted in New
York on Dec. 17, 1979;
Convention on the Physical Protection of Nuclear Material, adopted in
Vienna on Oct. 26, 1979; Protocol for the Suppression of Unlawful Acts
of Violence at Airports Serving International Civil Aviation,
supplementary to the Convention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, done at Montreal on Feb. 24, 1988;
Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation, done at Rome on March 10, 1988; Protocol for the
Suppression of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf, done at Rome on March 10, 1988;
International Convention for the Suppression of Terrorist
Bombings, adopted in New York on Dec. 15, 1997; International Convention
for the Suppression of the Financing of Terrorism, adopted in New York
on Dec. 9, 1999; International Convention for the Suppression of Acts of
Nuclear Terrorism, adopted in New York on April 13, 2005;
Amendment to the Convention on the Physical Protection of Nuclear
Material, done at Vienna on 8 July 2005; Protocol of 2005 to the
Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation, done at London on Oct. 14, 2005; and Protocol of
2005 to the Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf, done at
London on Oct. 14, 2005.
“Note
(that) ‘offense’ is defined by an enumeration or reference to existing
international instruments and (the Convention) resorted to (defining)
‘criminal acts of terrorism’ (instead of a clear and understandable
definition with specificity as to its nature),” Olalia pointed out.
“Note again that the term ‘offense’ does not cover what a ‘terrorist’
is.”
Likewise, Article IX (1) of the agreement provides that:
The Parties shall adopt such measures as may be necessary, including,
where appropriate, national legislation, to ensure that offences covered
in Article II of this Convention, especially when it is intended to
intimidate a population, or to compel a government or an international
organisation to do or to abstain from doing any act, are under no
circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other similar
nature.
“This situates in one categorical swoop the offences covered by the
Convention as purely criminal/terrorist acts, totally and absolutely
precluding any real possibility (or at least a debatable position) that
some acts may be in pursuit of, inspired or motivated by one’s political
beliefs,” Olalia said. “Consequently, it takes away the historical
attitude and legal principle on the political offense doctrine (i.e. all
acts – which covers what would otherwise generally be ‘common crimes’,
in pursuit of one’s political beliefs are subsumed in one political
offense of rebellion and cannot be mutated into several component
crimes).”
“Empty declaration”
The ASEAN Convention on Counter-Terrorism does attempt to assure that
“human rights, fair treatment, the rule of law, and due process” are to
be protected. Likewise, the principles enshrined in the Treaty of Amity
and Cooperation in Southeast Asia done at Bali on Feb. 24, 1976 are to
be protected, the agreement further states.
Olalia, however, thinks this declaration is empty. “(This is) lip
service esp. for governments in countries that are repressive like the
Philippines, where rampant violations of human rights prevail, where
equal protection of the law is an abstraction, where the rule of law is
also used against the people’s interests and where due process is
undermined by political partisan considerations, judicial inefficiency,
corruption, institutionalized repression, etc.,” Olalia said.
The ASEAN Convention on Counter-Terrorism was signed by
all the leaders of the 10 ASEAN member countries: the Philippines,
Malaysia, Laos, Cambodia, Vietnam, Thailand, Singapore, Myanmar, Brunei
and Indonesia.
Formed in 1967, the ASEAN was established purportedly to
accelerate economic growth, social progress, and cultural development in
Southeast Asia.
The founding ASEAN member
countries are Indonesia, Malaysia, the Philippines, Singapore, and
Thailand. Brunei Darussalam joined on Jan. 8, 1984, Vietnam on July 28,
1995, Laos and Myanmar on July 23, 1997, and Cambodia on April 30, 1999.
Bulatlat
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