8 March 2005 -   The Department of Foreign Affairs announced that the  Austria-based United Nations Office on Drugs and Crime (UNODC) concluded on 2 March 2005 a three-day mission to the Philippines to assist law enforcement agencies in the preparation of anti-terrorism legislation.    The Mission visited the Philippines upon the invitation of the DFA’s  Office of United Nations and Other International Organizations (UNIO).

According to UNIO Assistant Secretary Maria Lourdes V. Ramiro Lopez, the purpose of the Mission was to “help the key institutions contributing to the formulation and passage of a Philippine legislative regime on Anti- and Counter-Terrorism to ensure that our draft laws are in harmony with the various international instruments against terrorism and organized crime, and consistent with the commitments assumed therein.”  Ten draft anti-terrorism bills are currently pending in the Philippine Senate and House of Representatives.

The Philippines plays an important role in the world’s anti-terrorism campaign, as member of the UN Security Council (UNSC), Chairman of the newly-formed UNSC Resolution 1566 Committee, which deals with terrorist groups and individuals outside the Al-Qaeda and Taliban grouping, and as Head  of the Asia-Pacific Economic Cooperation (APEC) Counter-Terrorism Task Force.

The UNODC mission was headed by Mr. Alex P. Schmid, Senior Crime Prevention and Criminal Justice Officer with the UNODC’s Terrorism Prevention Branch (TBP).  The team also included Ms. Dolgor Solongo, a fellow UNODC Officer from TBP, and Mr. Mathew Joseph, a UNODC Regional Expert based in Singapore.

During their visit, the team consulted with key government leaders, including Congressman Simeon Datumanong, Chairman of the House of Representatives Committee on Justice,  Undersecretary Ricardo R.  Blancaflor of the Office of the Executive Secretary / Anti-Terrorism Task Force (ATTF), and Atty. Vicente S. Aquino,  Executive Director of the Anti-Money Laundering Council (AMLAC).

The team also led a workshop held on 1 March 2005 at the DFA, co-sponsored by UNIO, for the “Legislative Implementation of Universal Anti Terrorism Instruments and Transnational Organized Crime Convention.”  The workshop began with presentations from both the UN and Philippine sides.   The UN officials discussed the international legal framework on terrorism, while the Philippine representatives gave an overview of the current status of pending anti-terrorism bills in the Congress and the anti-terrorism efforts of the government.

The workshop concluded with the drafting of a series of recommendations, which stressed the need for the incorporation of the obligations contained in the various international anti-terrorism conventions, related UN Security Council resolutions and the Transnational Organized Crime Convention  in the final version of the Philippine anti-terrorism law (see attached recommendations).

With regard to critics of the proposed anti-terrorism legislation, Mr. Schmid commented “not only is the UN interested in seeing that a Philippine law is passed in harmony with the various related international conventions, but also that the rights of individuals as per the UN’s declarations on
human rights and the Philippine Constitution are safeguarded in the said law”  He also pledged UNODC’s continuing support for the Philippines’ anti-terrorism legislation process and eventual implementation. Over forty participants from both the executive and legislative branches of the Philippine government participated in the daylong workshop.

The UNODC team’s next destination is Bangkok, Thailand, where a similar workshop will be held. END
 

Attachment : Recommendations
 
RECOMMENDATIONS of the Participants of the National Workshop on the "Legislative Implementation of Universal Anti-Terrorism Instruments And Transnational Organized Crime Convention"

Co-organized by the Department of Foreign Affairs Office of United Nations & Other International Organizations and the United Nations Office on Drugs and Crime

1 March 2005 Bulwagang Blas F. Ople, DFA Bldg. Pasay City, Philippines
 

1.   While the Philippines has ratified all twelve universal Anti-Terrorism Conventions, part of the actual incorporation of the resulting obligations still has to take place. One way to meet these obligations is to reflect these requirements fully in a new Anti-Terrorism Act. Ten of these conventions provide operational definitions of various terrorist acts.

2.   The requirements of the United Nations Security Council Resolution 1373, which are mandatory for all Member States, also contain obligations to outlaw certain acts related to financing, planning, preparation of terrorist acts or supporting terrorists, recruitment of members of terrorist groups, supply of weapons, etc. These preparatory acts should also be duly reflected in the final bill.

3.   While attempting to define terrorism, in addition to the above operational definitions of terrorist acts, one has to distinguish between socio-political definitions and a legal definition. The legal one should follow as much as possible the language in the Financing of Terrorism Convention of which the Philippines is already a part, the UN Security Council Resolution 1566 and the draft UN Comprehensive Convention on Terrorism.

4.   Terrorism is of vital national and international concern, which requires the immediate enactment of adequate laws in all countries. In finalizing the Philippine bill, advantage should be taken of the consultations available from the United Nations Office on Drugs and Crime on the best international practices available.

5.   Taking into account the experience of some countries, as well as the advice of the UN High Level Panel report on threats, challenges and threats, the establishment of a central authority on international cooperation on terrorism and other forms of transnational crime is welcomed.

6.   While existing anti-terrorism instruments contain few provisions on mutual legal assistance, the relevant provisions of the Transnational Organized Crime Convention (2000) and its supplementing protocols, where appropriate, may also be used to facilitate international cooperation against terrorism. The wider availability of national legal provisions and/or legislation on mutual legal assistance and extradition would further facilitate international cooperation against cross-border crimes, including terrorist crimes.

7.   Once an anti-terrorism law is enacted, its implementing actions may include the engagement of UN resources such as those of the UNODC, and those of other international organizations, in particular in the training of the relevant officials, primarily those involved in the criminal justice system.

/jay