The Terrorism Suppression Act 2002 and the Designation of Marxist-Leninist-Maoist Movements: The Example of the Communist Party of the Philippines/New People’s Army

Abstract

This thesis examines executive terrorist designation practice under the Terrorism Suppression Act 2002 and its potential impact on Marxist-Leninist-Maoist (MLM) communist parties and their armed wings. Using the example of the designation of the Communist Party of the Philippines/New People’s Army (CPP/NPA), a MLM movement noted in scholarship for its avoidance of terrorist tactics, it argues the provisions in the Act are broad enough to designate any MLM movement engaged in guerrilla warfare. The political and military strategy of MLM is described in detail – including the use of guerrilla warfare. Terrorism and guerrilla warfare are differentiated from one another using literature from the discipline of Terrorism and Conflict Studies. This is followed by an in-depth analysis of the designation paper, produced by the NZ executive’s Terrorism Designations Working Group, making the legal case to designate the CPP/NPA. It is argued the statement of case shows acts of violence better described as guerrilla warfare than terrorism can be interpreted as terrorist acts under the statutory definition of a terrorist act. This gives the executive branch of government broad powers to designate MLM movements. Mechanisms available to challenge designation are inadequate. The broad nature of offences relating to terrorist entities mean a wide variety of support for MLM movements, even political and social movement activities separate from armed struggle, can be criminalised under the Act. This could have a significant impact on the legal ability of New Zealanders to provide practical support for human rights and social justice activities in countries where a MLM movement is the predominant force on the political left. Ultimately the provisions of the Terrorism Suppression Act 2002 and the designation of the CPP/NPA bind New Zealand to suppress a movement engaged in a struggle for liberation against a regime notorious for its abuse of basic human rights.