SENATE TO DETERMINE IF PALACE MOVE TO
AMEND HUMAN SECURITY ACT IS JUSTIFIED

Senate Minority Leader Aquilino "Nene" Q. Pimentel, Jr. (PDP-Laban) today said he has an open mind about a move by Malacañang to amend the Human Security Act (Republic Act 9287) even if the law is only eight months old.

Security authorities, acting on a directive of President Gloria Macapagal-Arroyo, have reportedly drafted a set of amendments to the HSA or anti-terrorism law that seek to address the concerns of law enforcement officers about its provisions that restrict them from pursuing the campaign against terrorism.

Pimentel said he is for making the HSA an effective legal weapon in combatting terrorism but maintained that the human rights of the people should be fully safeguarded, and not unnecessarily compromised or trampled upon.

"The Human Security Act is not written on stone. If it has to be amended or repealed, it's okay. The important thing is that the rights of our people are never sacrificed on the altar of national security," he said.

Among the provisions of the HSA that the Palace reportedly wants to amend is the fine of P500,000 to be slapped on law enforcers for each day of detention of a terrorist suspect found to have been erroneously arrested and charged. The intention is to reduce the fine to a reasonable amount.

Security authorities also want to amend a provision that prohibits the detention of terrorist suspects for more than three days if they were arrested without warrants unless they have been formally charged.

For illegal possession of bombs and other explosives, the authorities want this offense to be made non-bailable.

Pimentel also said that before anything else the HSA should be published in national and local papers and broadcast over national and local TV and radio as required by the law, itself.

Pimentel, meanwhile, urged the Senate and House of Representatives to activate the Joint Oversight Committee which is tasked by the HSA to oversee the implementation of this law.

The committee, is composed of five members each from the Senate and House, in addition to the chairmen of the committees of public order of both chambers who shall act as co-chairmen of the oversight committee.

The membership of the committee for each House shall include at least two opposition or minority legislators.

The oversight committee shall review the HSA after one year of implementation of this law.

Pimentel said the oversight committee was created upon his recommendation "because the enormous powers vested in the police, law enforcement agencies and other officials of the executive department in the Act need to be circumscribed not only by the static provisions of the Constitution but also by Congress so that it does not end up being used by unscrupulous individuals to terrorize people."

"I found it necessary to create the congressional oversight committee to monitor, oversee and demand compliance by the officials concerned with their powers enumerated in the HSA. In the process of implementing the law, the constitutional and human rights of the people must always be upheld and respected," he said.

The congressional oversight committee shall also assess the performance of the various agencies implementing the HSA. Thereafter, it may propose amendments to make the law more effective without sacrificing the rights of the people.

"Hopefully, the oversight committee will help assure the people that their lawmakers are ready to correct any provision of the Human Security Act that is demonstrated to be oppressive even as it tries to ensure the security of the state and the people," Pimentel said.