November 14, 2002

Harvard Law School Alumni Association of the Philippines
Tuesday, November 5, 2002

Remarks of Richard W. Nelson
First Secretary for Political Affairs, U.S. Embassy Manila

Topic: Legal Initiatives of the United States on International Terrorism
 

INTRODUCTION: SEPTEMBER 11

Our lives are sometimes defined by specific events.  For Americans, we could include Pearl Harbor Day, the assassination of John F. Kennedy, and the first landing on the moon.  Now, of course, we must add September 11, 2001 - the day the world changed forever.  "Ground Zero" in New York City is as symbolic of the troubled state of world affairs as the Berlin Wall was a generation ago.  But it is also symbolic of America's will to prevail - together with other peace-loving nations, such as the Philippines.

September 11 was not the beginning of global terror, but perhaps it marks the beginning of the global community's concerted response. History will know that day not only as a day of tragedy, but as a day of decision - when the civilized world was stirred to anger and to action. And the terrorists will remember September 11 as the day their reckoning began.  And now, in Southeast Asia and Australia, people will also remember October 12, the date of the horrific bombing in Bali - another painful reminder that the threat of terrorism is worldwide, persistent, and lethal.
 

THE GLOBAL COALITION AGAINST TERROR

The United States focuses its efforts in the fight against terrorism on several fronts:

· Identify and defeat terrorist groups.  Make no concessions.  Bring them to justice.
· Deny terrorists the support and sponsorship they need to thrive.
· Forge coalitions among countries willing and able to join the fight.  Work together to coordinate our actions and share the burden.

A mighty coalition of civilized nations is now defending our common security.  Nearly every country in the world has offered political support.  More than 120 nations have offered military forces.  More than half of the forces in Afghanistan are from countries other than the United States - Western Europe, Eastern Europe, Pakistan, Turkey, Russia, Japan, Korea, Australia, Jordan. In the Philippines, we stand with your leaders, who are courageously opposing the threat of terror.

But military force alone will not suffice; indeed, for many phases in this long conflict, military power alone will not be the most important element.  Success will not come in one dramatic strike, but through patience and cumulative action over a long period of time.  The tools in our arsenal include:

· Diplomacy and constructive engagement: the global anti-terror coalition
· Economic sanctions, including freezing terrorist assets and anti-money-laundering
· Counter-terrorism initiatives designed to change social conditions that provide a breeding ground for terrorists
· The rule of law, including international conventions and prosecution of accused terrorists and their supporters
· Law enforcement cooperation, including extradition, and immigration controls
 

SUCCESSES TO DATE

NATO and the Organization of American States have invoked the collective self-defense clauses in their charters.  The European Union, the Group of 8, and the Organization of African Unity, and other multinational organizations have adopted resolutions and taken substantive steps to support the global coalition.  In August this year, ASEAN and the United States signed a Joint Declaration for Cooperation to Combat International Terrorism that will greatly improve the capacity of Southeast Asia to fight terrorism in this region.  Unfortunately, as we saw in Bali, the terrorists can be one step ahead of us - a reminder that we need to redouble our efforts to prevent further atrocities.

Law enforcement exchanges among nations have grown exponentially.  In an impressive global dragnet, more than 2,700 Al-Qa'ida suspects have been detained in over 90 countries.  On the financial front, terrorist assets are being frozen or blocked worldwide - at least $116 million in over 160 countries.  APEC has adopted an ambitious anti-terrorist finance action plan.  The "tectonic plates" of international politics are shifting, as even countries like Sudan and Syria have shown signs that they want to get on the right side of the fight against terror.  And, let us not forget, Afghanistan is again a free country, where human rights are being restored, where women can again pursue an education, and where cultural artifacts are no longer in danger of being destroyed merely to serve the purposes of a brutal regime.  The "global war on terror" will end when the work is finished - when terror networks of global reach have been dismantled and defeated.
 

DEFINING TERRORISM

While September 11 was unique in a number of ways, many other countries have faced prolonged onslaughts of terrorism. This has taken many forms: terrorism induced by separatist movements, terrorism by indigenous revolutionary groups of the right and left, and terrorism by international groups seeking to strike at their own government's interests abroad, or to influence a target country's foreign policy.  Terrorist activity involves hijacking, sabotage, hostage taking, violent attack, assassination, shootings, or bombings to kill people and destroy property.

Although the players vary, and although there is no universally agreed-upon definition of terrorism, its basic nature is clear: Terrorism involves premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups.  The term "noncombatants" is usually interpreted to include military and security personnel when a formal state of hostilities does not exist.  Typically, acts of terror are intended to intimidate or coerce a civilian population, or influence the policy of a government by intimidation or coercion, or affect the conduct of a government through violence designed to sow chaos in society.
 

NOT ABOUT ISLAM

What is the profile of a terrorist? This is harder to define.  Support for terrorism as a tactic does not depend on social class - working class, middle class, and upper class people have joined such movements.  But like fascism, communism, and other failed ideologies of the past, terrorism degrades and debases the individual. It offers no constructive solution to societal problems, no coherent alternative to the present.  It offers absolutely nothing positive - only violence, murder, and bloodshed.

The fight against terrorism has nothing to do with religious differences.  The enemy is not Islam.  Islam is practiced freely by millions of Americans and millions of Filipinos.  Hundreds of millions of tolerant Muslims all around the world want to enjoy the benefits of democracy and free enterprise.  But they, too, are targets of the terrorists.  Terrorists are unconstrained by law or morality. They despise other religions, and have defiled their own. The terror that targeted New York and Washington could next strike any center of civilization. Against such an enemy, there is no immunity -- and there can be no neutrality.
 

CUTTING OFF THE FLOW OF MONEY

Terrorists attack private businesses, diplomatic installations, public gathering places, houses of worship - all to the detriment of the people they purport to be concerned about.  They receive financial support through formal and informal global networks of financial backers, facilitators and intermediaries.  Terrorists raise money to support their networks through various means, including common criminal activity such as fraud, extortion and kidnapping; front companies; donor contributions; and abuse of charities and non-profit organizations.

One of the most effective means of disrupting terrorist organizations and preventing terrorist attacks is to shut down the financial networks that support them.  The UN Security Council has adopted several resolutions to combat terrorist financing.  The United States supports efforts to create counter-terrorist financing regimes that promote accountability and transparency in financial transactions and prevent terrorist abuse of the international financial system.  We support the international norms developed by the OECD's Financial Action Task Force.

We recognize that legitimate charities assist millions of people suffering from poverty, and we support the activities of these organizations.  Adopting international best practices on transparency and accountability for charitable organizations will strengthen the ability of these organizations to continue helping people in need.

We support proactive international measures to stem the flow of funds to terrorist groups.  These include freezing terrorist-related assets, promoting a strong network of laws and regulations, investigations, enforcement, prosecutions, and information sharing.  We are engaged in a process of long-term institution building intended to strengthen international law enforcement cooperation and increase the capacity of nations around the world to prevent the financing of terrorist activities.  It is gratifying to see many other countries, including the Philippines, taking similar actions against terrorism.
 

U.S. LEGAL INITIATIVES ON TERRORISM

A wide range of legislation designed to strengthen the U.S. Government's ability to counter international terrorism has been enacted since the mid-1970s.  Many of these laws focused on state sponsors of terrorism and provided authority for economic sanctions.  In recent years, however, as the terrorism threat evolved and more groups that did not depend on state sponsorship emerged, new laws were developed to counter the new threat.  A landmark law was the Anti-Terrorism Act of 1996, which was strengthened by the Patriot Act of 2001, passed in the immediate wake of September 11.  Other laws are designed to strengthen aviation and maritime security, and to bolster the government's authority to prosecute international terrorists by making terrorist attacks against Americans overseas a crime punishable in U.S. federal courts.

The laws aimed at terrorists and terrorist organizations include the following provisions:

· Prohibiting fundraising and other material support for terrorist organizations
· Preventing alien terrorists and their supporters from entering the United States
· Prohibiting financial transactions with, and assistance to, terrorist sponsoring states
· Civil lawsuits and import controls against countries that support terrorism
· International credit and banking restrictions

Let's start with our well known "terrorist lists."
 

U.S. TERRORIST LISTS

Foreign Terrorist Organizations (source: 1996 Anti-Terrorism Act)

· Criteria: A foreign organization that engages in terrorist activity and threatens United States citizens or U.S. national security.
· Practical effects:
· It is illegal for a person in the United States or a U.S. citizen abroad to provide funds or other material support to a Foreign Terrorist Organization (FTO).
· An alien who is a member or representative of a FTO can be denied a visa or excluded from the United States, even if he/she never directly engaged in terrorist activity.
· U.S. financial institutions must block funds of FTOs and their agents, and report this to the Department of the Treasury.
· Philippines: Abu Sayyaf Group (ASG); Communist Party of the Philippines/New People's Army (CPP/NPA)
 

Terrorist Exclusion List (source: Immigration and Nationality Act)

· Criteria: An organization that may be involved in the preparation, planning, or commission of a terrorist activity, or gathering information for potential targets of terrorist activity, or providing material support to further terrorist activity.
· Practical effects: Denial of immigration benefits and visas.
· Philippines: Alex Boncayo Brigade; the Pentagon Gang (note: ASG and CPP/NPA, as FTOs, are already denied immigration benefits)

Executive Order 13224 (signed 9/23/2001)

· Criteria: Organizations or persons who commit, threaten to commit, or support terrorism.
· Practical effects:
· Allows the blockage of property and assets of terrorist organizations or individual terrorists, or individuals or entities that sponsor, assist in, or provide support for or services to, or are associated with, terrorists or terrorist organizations.
· Allows the United States to prohibit donations by U.S. individuals or entities to listed groups or individuals.
· Authorizes the blocking of all financial assets and other property or interests in property in the United States or in the possession or control of U.S. individuals or entities.
· Philippines: ASG, CPP/NPA, Jose Maria Sison

Rewards for Justice Program (source: Act to Combat International Terrorism, 1984)

· Criteria: Terrorists or terrorist leaders designated by the Secretary of State.
· Practical effects: Rewards are offered for information that prevents, frustrates, or favorably resolves acts of international terrorism against U.S. persons or property, or for information leading to the arrest or conviction of terrorists or to the identification or location of a terrorist leader.
· Philippines: Up to $5 million offered for information leading to the arrest or conviction of ASG leaders Khadafi Janjalani, Isnilon Hapilon, Hamsiraji Sali and Abu Solaiman.
 

THE PATRIOT ACT

Shortly after September 11, 2001, the United States adopted new anti-terrorism legislation named "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" - the "USA PATRIOT" Act of 2001.  The Patriot Act gives law enforcement agencies increased authority, including:

· Enhanced surveillance procedures such as roving wiretaps, and phone and email intercepts, to investigate suspected terrorists; and
· Strengthened controls on international money laundering and financing of terrorism.

The Act also:

· Allows forfeiture of assets (foreign and domestic) of any individual or organization engaged in international or domestic terrorism;
· Makes smuggling currency into or out of the United States a criminal offense allowing forfeiture of all property involved; and
· Authorizes the U.S. Government to seize funds from a U.S. bank if terrorism-related funds were deposited in an affiliate bank overseas.

Legal analysts have described these changes as reasonable adjustments to new technologies if judicial oversight is not diminished.  The Patriot Act has not yet been tested against the existing Supreme Court guidelines for wiretapping, which require a showing of probable cause that an offense has been or is about to be committed, but most legal experts expect that it will pass judicial muster.
 

SECURITY AND FREEDOM

There is talk from time to time about the usefulness of a national ID system in the Philippines as a means of fighting crime and terrorism.  As you know, we have a national ID system in the United States - our Social Security number follows us through life, and is used on tax returns, bank accounts, driver's licenses, and many other documents.  I'm not in law enforcement, so I can't say whether or not such a system helps fight crime and terror.  But it is part of a larger debate, a philosophical debate about security in a society that values freedom, about collective security vs. individual liberty.  We are still debating this question in the United States, and we cannot judge how you debate the issue in your country.  The national ID is just one aspect of this discussion.  These are hard questions, but it is essential that we deal with them, and it's healthy for democracy to do so.
 

UN CONVENTIONS

International treaties constitute a particularly important part of the legal structure to defeat international terrorism.  As a regional leader in the global coalition against terror, the Philippines should continue to set the example by joining, as soon as possible, the growing group of countries that have signed and ratified all 12 international conventions on terrorism.  So far, the Philippines has signed 11 and ratified 6.  These treaties can serve as the basis for counter-terrorism efforts grounded in the rule of law, a key component of our strategy in the fight against terror.
 

TERROR AND POVERTY

The goals of the global struggle against terrorism, in addition to bringing terrorists to justice and preventing acts of terror, include the defense of the positive traditions of civilization - freedom, consensual government, human rights, religious and political tolerance, and the rule of law. These are not Western values - they are universal values.  Poverty and oppression are not the causes of terrorism.  Nor are ethnic or religious strife and disputes between countries.  But poverty, oppression, ethnic strife, and regional instability all breed the sorts of grievances that extremists can exploit to their own ends.  This is something that President Arroyo has argued forcefully.   We want to work with countries like the Philippines to address these underlying conditions, and thereby deny terrorists the fertile soil they need to plant their poisonous seeds.

We support the GRP's efforts to bring peace, reconciliation, and economic development to conflict-affected areas such as Mindanao. The United States contributes to this effort in tangible, practical, and meaningful ways.  For example, the expanded USAID program, which grew out of the November 2001 summit between Presidents Bush and Arroyo in Washington, focuses over 50 percent of our development assistance to the Philippines in Mindanao.  We are working there to integrate former combatants into the economy, help improve the business climate, strengthen local government units, and provide improved public services.
 

HUMAN RIGHTS, DEMOCRACY, AND THE RULE OF LAW

In fighting terror, we strive to bring about the conditions that will make lasting peace possible.  We fight for lawful change against chaotic violence, for human choice against coercion and cruelty, and for the dignity of every life.  All nations have the responsibility both to provide security from terrorist acts, and to protect individual freedoms.  The United States believes that, in the fight against terror, we must never lose sight of the fact that human rights must always be respected.  There is no justification for using the campaign against terror as a way to suppress legitimate dissent.

As we discuss the horrors of terrorism and how to prevent or punish terrorists, it is instructive to note that there are other forces at work - forces that, in the long run, will help defeat terrorism.  Five days from now, the Philippines and many of the world's other democratic nations will meet in Seoul, Korea, for the second "Community of Democracies."  This meeting comes at a time when terror poses an ominous threat to freedom and democracy around the world.  In Seoul, the free countries - states that sponsor terrorism will be noticeably absent - will demonstrate that democracy offers the best antidote to the popular discontent that sometimes breeds terrorism.  They will renew their commitment to the democratic values of political and economic freedom, respect for the rule of law, and respect for human dignity itself.  The principles laid down at the first Community of Democracies in Warsaw, Poland, where the Philippine delegation was led by then-Vice President Gloria Macapagal Arroyo, were:

· That peace, development, human rights and democracy are fundamentally linked;
· That equality, freedom, and due process are the inalienable rights of all people; and
· That governments must be responsive to the will and the needs of their citizens.
 

In Seoul, the action plan will focus on strengthening democracy by reinforcing these fundamental responsibilities of all democratic countries:

· Promoting respect for human rights and fundamental freedoms;
· Insuring free and fair elections;
· Guaranteeing a free media;
· Upholding accountable, transparent government; and
· Advancing the rule of law.

I urge you to focus on this Community of Democracies and to highlight and celebrate the fact that your country is a leader in this process.

Bearing this in mind, I believe there is reason to be optimistic.  We both live in countries that respect the rule of law.  I am confident that the law - and the rights of law-abiding people all over the world - will eventually win the day.  Working together, shoulder to shoulder, we can rise to the challenge and get the job done.

Thank you.

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