On the counter-terrorism SOP: beneath the glossy façade are deeper cracks
True “progress” demands more than performative compliance or empty gestures of reform.
January 22, 2025
The National Union of Peoples’ Lawyers is a nationwide voluntary association of human rights lawyers in the Philippines, committed to the defense, protection, and promotion of human rights, especially of the poor and the oppressed.

The Philippine government has recently announced the signing of a Standard Operating Procedure (SOP) for handling terrorism and terrorism financing cases, claiming it aligns with international best practices through the technical expertise of the United Nations Office on Drugs and Crime (UNODC) and funding support from the Australian Government. This announcement coincides conspicuously with the on-site verification visit of the Financial Action Task Force (FATF), as the Philippines seeks to exit the FATF Grey List. 
 
This timing raises significant questions about whether the SOP is a genuine effort to “uphold fundamental principles of human rights” or simply a gesture aimed at appeasing international scrutiny. One must ask: why now? Why is the Philippine government doing this only now—after filing hundreds of cases and freezing scores of bank accounts? These punitive measures involve civil society organizations (CSOs), development workers, and activists, many of whom have been caught in the broad net of the Philippines’ draconian terror laws. 
 
The UNODC and other UN bodies must confront the implications of their involvement in legitimizing repressive counter-terrorism measures and take immediate steps to prevent their expertise from being co-opted to validate systemic human rights abuses. Similarly, the FATF, having sidelined civil society participation and operated opaquely, must reevaluate its very existence and move beyond metrics-driven assessments to prioritize the protection of civic space.
 
While procedural reforms under this SOP may impress international observers, they do not rectify the deeper structural flaws in the Philippines’ counter-terrorism framework. The scope of what constitutes funds related to financing terrorism, for instance, is disturbingly sweeping, given that the very definition of terrorism is overly broad. Freezing funds and bank accounts without due process, targeting organizations for their political beliefs or affiliations, and invoking terror laws against grassroots initiatives—these are not the hallmarks of a justice system adhering to international best practices. 
 
The newly minted SOP, no matter how polished, cannot obscure the fundamental flaws in both the Philippine government’s counter-terrorism approach and the FATF’s enabling role. When terrorism is defined so broadly as to conflate terrorism with legitimate dissent, and when financial surveillance extends to humanitarian aid, the line between security and repression is blurred beyond recognition.
 
True “progress” demands more than performative compliance or empty gestures of reform. It requires dismantling the global counter-terrorism architecture that prioritizes securitization and state control at the expense of human rights. The FATF and other international mechanisms must own up to the profound harms their standards have enabled and commit to creating systems rooted in accountability and justice and centering the lived experiences of those most affected. Without such transformative change, these institutions will remain complicit in perpetuating a global regime of repression, cloaked as counter-terrorism, in the Philippines and beyond. #

Reference:

Atty. Josalee S. Deinla
NUPL Secretary General
+639174316396

Photo by: Nuel M. Bacarra/Kodao

Read more

NUPL At Nineteen

NUPL At Nineteen

“There is nothing more fulfilling than to be devoted to defending our clients and people who work for social change. We shall be with them as they embark on militant actions, engage in empowering undertakings and in the process, strengthen and further unite their ranks. Our commitment to our struggling people is what makes us people’s lawyers.”

On the criminal charges of grave threat against VP Sara Duterte

On the criminal charges of grave threat against VP Sara Duterte

The validity of Sara Duterte’s indictment for grave threat is being questioned in light of the Supreme Court ruling in Ombudsman v. Court of Appeals (G.R. No. 146486, March 4, 2005). According to the ruling, an “impeachable officer cannot be criminally prosecuted for the same offenses which constitute grounds for impeachment”. In applying such ruling in relation to the indictment of Sara Duterte, the following points should be considered:

Share This