The Philippines Human Security Act (HSA), that became law on 15 July 2007, has invited criticism from human rights activists as well as from left wing supporters for the likelihood of it being used against adversaries of the Philippines President, Gloria Arroyo. Arroyo, who has been facing political instability for some time now, had declared emergency from 24 February to 3 March 2006, owing to reports of a military coup. The HSA explains terrorism as any of 12 violent crimes including arson, piracy, rebellion, murder, kidnapping. It prohibits extraordinary rendition, that is, the practice of apprehending foreign terror suspects and sending them for interrogation to a third country. President Arroyo initiated the act in order to rein in the Abu Sayyaf militants as well as to enhance the power of the prosecution. Initiatives have been taken in the past by the Philippines government to counter terrorism, but it has failed to prosecute terror suspects.

The HSA aims at curbing terrorist acts in the Philippines by controlling terrorism financing and cross-group fertilization of terror activities. The Philippines government received a push from the US, when, for instance in 2007, the latter decided to reward Philippine informers with a large amount of money for the capture of Abu Sayyaf group leaders. The US has been supporting the Philippines' initiatives against terrorists through logistical support for army offensives. The the army offensive, it was however, alleged had also been targeted against communist guerrillas and also the political opponents of Arroyo. Due to this, the US government and the UN sent observers to monitor human rights violations in the aftermath of the Operation Ultimatum carried out by the Philippines armed forces in January 2007 to flush out members of Abu Sayyaf and the Jemaah Islamiyah (JI).This encouraged human rights groups like Amnesty International to start raising questions on provisions in the HSA such as detention of suspects without charge and putting any 'terrorist' behind bars for 40 years. The act also empowers the Philippines police agencies to investigate terrorists and organisations accounts. Electronic surveillance is also allowed but only after due court approval. There are a few safeguards against human rights violations but they are of a monetary nature. The act states that any person wrongfully detained would receive US$10,870 for each day of detention.

The Philippines has been facing the wrath of its anti-terror counterparts in US and Australia for not taking legislative action to counter the increasing threat of pan-Islamic groups like Abu Sayyaf which has been nurturing its cadres in the Mindanao province and Sulu Island. Philippine officials initially ridiculed the idea that Abu Sayyaf, a group that has become notorious for kidnappings and banditry, was nurturing pan-Islamic intentions and had developed a close nexus with the Al Qaeda. But, the attack on a ferry in Manila in 2004, which killed more than 130 people, highlighted the extremism of Abu Sayyaf. The group was also alleged to be harbouring Bali bombing terrorists like Dulmatin and Umar Patek. Mindanao has long provided sanctuary for Philippino and other foreign extremists who used personal ties with the Islamic rebels to run terrorist-training camps. The JI used these camps to train Southeast Asians in battlefield skills, handling explosives, and building bombs. A crackdown by the Philippine army has however, disrupted some of the larger camps and forced the JI operatives underground.

Intelligence reports, however, indicate that mobile training programs have continued and are capable of producing fresh operatives subscribing to the JI's fanatical worldview and ruthless terrorist tactics. The Philippines government has meanwhile, been building bridges with other terror groups like the Moro National Liberation Front (MNLF), which has maintained a ceasefire since 1996, while its splinter group, the Moro Islamic Liberation Front (MILF) has been in negotiations with regard to establishment of a Muslim Autonomous Region under the Philippines constitution. There are differences over the number of villages to be put under the MILF jurisdiction, but with the mediation of Malaysia and some other countries, the issue might be resolved in the near future. Radical communist guerillas in southern Philippines have also shown keenness for a truce but have reservations about dealing with Arroyo.

In such a situation, the HSA has been welcomed by counter-terrorism agencies in Australia and US. The act also gains prominence, because, barring Indonesia, all other countries facing the menace of terrorism have promulgated either a National Security Act or harsh laws to counter terrorists in their territory. Lately, the Philippines has taken concrete steps to counter terrorism and initiatives taken with the help of logistics and technical support of the US and Australia have led to a reduction of terrorist presence in Mindanao. Hhowever, the major concern arising from attacks by the government troops is that these have forced the terrorists to flee to provinces in Indonesia and Thailand. It, therefore, remains to be seen how successful the act will be in countering terrorism.