The recent amendment to the 1997 Anti terrorism Act (ATA) is a robust and welcome move on the part of the beleaguered government to halt the activity of organisations proscribed by the United Nations (UN) in Pakistan. These organisations engage in terrorist activities and run so-called ‘welfare enterprises’ on Pakistani territory, which often have more nefarious purposes than charity.
This is a very old saga, throughout which the state of Pakistan used different techniques to avoid having to take legal action against these groups. But the fresh US and UN pressure projected on Pakistan compelled it to fall in line.
The new amendment has been added to Sections 11-B and 11-EE of the ATA. Section 11-B sets out parameters for proscription of groups, whereas 11-EE describes the grounds for listing of such individuals and groups.
Both sections would now include Sub-Section ‘aa’, according to which organizations and individuals ‘listed under the United Nations (Security Council) Act, 1948 (XIV of 1948), or’ will be included in the First Schedule (for organisations) and Fourth Schedule (for individuals), respectively, on an ex-parte basis.
Previously, the three conditions for such a proscription under Sections 11-B were: “(a) concerning terrorism; or (b) owned or controlled, directly or indirectly, by any individual or organisation proscribed under this act; or (c) acting on behalf of, or at the direction of, any individual or organisation proscribed under this act”.
A major impact of the new amendment would be the proscription of the Hafiz Saeed-linked Jamaat-ud-Dawa (JuD) and Filah-Insaniyat-Foundation (FIF) along with the UN listed outfits of Al Akhtar Trust and Al Rashid Trust. JuD activates have not only disturbed peace within Pakistan because of its links with other terrorist organizations, but also defamed and given a bad name to Pakistan at an international level. The activities of JuD members have also contributed to the deterioration of relations between the US and Pakistan.The banning of the JUD through the new amendment to ATA will not only support Pakistan in demonstrating a clear policy of disowning terrorist organizations to the international community, but also play role in improving its relations with immediate neighbours.
This in-progress move by Pakistan against the JuD may make India more flexible when it comes to negotiating the Kashmir issue
The impending meeting of Financial Action Task Force (FATF) is scheduled to be held on February 18 to 23, in Paris. It is feared that the FATF may get Pakistan placed on a global terrorist financing watch list. The FATF also placed Pakistan on grey list in 2008, where it stayed till 2012 because of its failure to legislate anti-money laundering laws which were up to the organisation’s standards. The fresh and ongoing anti-terrorist legislation on part of Pakistan against the JuD which allowed seizure of the JuD’s movable and immovable property in Punjab and other part of the state may keep Pakistan in the FATF’s good books.
India has also accused Pakistan of supporting the JuD’s subversive activities in Kashmir. India also blames the JuD for the attack on Indian parliament in 2001 as well as the Mumbai terrorist attack in 2008. The Indian government has attempted to pursue Pakistan to handover Hafiz Saeed, head of the JuD, for years. This in-progress move by Pakistan against the JuD may make India more flexible when it comes to negotiating the Kashmir issue.
Pakistan’s relations with the US and Afghanistan have also suffered because of its alleged relationship with the Haqqani Network and other groups associated with the Afghan Taliban. However, Pakistan’s move against the JuD has been appreciated by US authorities. If Pakistan continues to crackdown on terrorist groups it has ignored in the past, such as the Haqqani Network — our relations with the US and Afghanistan will improve as well.
The writer is a student of law at the Islamia College University, Peshawar, and can be reached at [email protected]. He tweets @ziaullahkh7199
Published in Daily Times, February 21st 2018.