Terrorism and Challenges Related To It
Pakistan’s State-Sponsored Terrorism Threatens SCO’s Regional Security Efforts
Note4Students
From UPSC perspective, the following things are important :
Prelims level : SCO and its Anti-Terrorism Agenda
Mains level : Pakistan's State Sponsored Terrorism, SCO's Limited Authority and Implications
Central Idea
- The Council of Foreign Ministers (CFM) of the Shanghai Cooperation Organisation (SCO) recently convened in Goa to address pressing regional issues. Unfortunately, on the same day, the People’s Anti-Fascists Front (PAF), an offshoot of Pakistan-sponsored Jaish-e-Muhammad (JeM), claimed the lives of five Indian army personnel in Jammu and Kashmir’s Rajouri district.
Background: SCO’s Anti-Terrorism Agenda
- The SCO’s origins trace back to the establishment of the Shanghai Five in 1996, consisting of Russia, China, Kazakhstan, Kyrgyzstan, and Tajikistan.
- In 1998, the group recognized the joint fight against separatism, extremism, and terrorism originating from the Af-Pak region as a top priority. The inclusion of Uzbekistan in 2001 led to the organization’s renaming as the SCO.
- Subsequently, the Regional Anti-Terrorists Structure (RATS) was formed in Tashkent, Uzbekistan, to institutionalize and consolidate anti-terrorism efforts within the SCO.
- RATS facilitated joint counterterrorism exercises, training, and the preparation of countermeasures.
Pakistan’s Role in State-Sponsored Terrorism
- Safe Haven for Terrorist Groups: Pakistan has served as a safe haven and provided sanctuary for various terrorist groups. These groups, such as the Taliban, Haqqani Network, Lashkar-e-Taiba (LeT), and Jaish-e-Mohammed (JeM), operate from Pakistani soil, carry out attacks in neighboring countries, and then seek refuge in Pakistan.
- Training and Recruitment: Pakistan has been involved in training and recruiting terrorists. Extremist organizations have established training camps within Pakistan where individuals are indoctrinated, radicalized, and trained in various aspects of terrorism, including bomb-making, guerrilla warfare, and ideological indoctrination.
- Financial and Logistical Support: Pakistan has been accused of providing financial and logistical support to terrorist groups. This support includes funding, weapons, ammunition, and intelligence assistance, enabling these groups to carry out their activities with impunity.
- Proxy Warfare: Pakistan has used terrorism as a proxy warfare strategy to achieve its geopolitical objectives. By sponsoring terrorist groups, Pakistan seeks to influence and destabilize neighboring countries, particularly India and Afghanistan, with the aim of furthering its own interests in the region.
- Infiltration of Terrorists: Pakistan has facilitated the infiltration of terrorists across its borders into neighboring countries. This includes providing safe passage, forged documents, and logistical support to terrorists to carry out attacks or join insurgencies in other regions.
- State-Sponsored Radicalization: Pakistan has promoted and facilitated the radicalization of individuals, both within its own territory and abroad. Madrasas (religious schools) in Pakistan have been accused of spreading extremist ideologies, fueling hatred, and recruiting individuals for terrorist activities.
- Instrument of Influence: Pakistan has used terrorism as a tool to exert influence and control over regions and communities. By supporting and sponsoring terrorist groups, Pakistan seeks to manipulate political dynamics, create instability, and maintain a degree of control over areas of strategic importance.
Impact of Pakistan-Sponsored Terrorism in Jammu and Kashmir
- Loss of Lives: Pakistan-sponsored terrorism in Jammu and Kashmir has resulted in the loss of countless innocent lives, including civilians, security forces, and terrorists themselves. The region has witnessed numerous terror attacks, suicide bombings, and armed encounters, leading to a tragic loss of human lives.
- Destabilization and Conflict: The continuous infiltration of terrorists from Pakistan into Jammu and Kashmir has fueled instability and prolonged the conflict in the region. The presence of terrorist groups has created an atmosphere of fear and insecurity, hindering the social and economic development of the region.
- Human Rights Violations: The activities of Pakistan-sponsored terrorist groups have been accompanied by human rights violations in Jammu and Kashmir. These violations include targeted killings, forced disappearances, torture, and intimidation of civilians, leading to a climate of fear and repression.
- Disruption of Normalcy: The persistent threat of terrorism has disrupted normal life in Jammu and Kashmir. Educational institutions, businesses, and daily activities have been severely affected as people live under constant fear and uncertainty.
- Obstruction of Peace Processes: Pakistan-sponsored terrorism acts as a major obstacle to the peace process between India and Pakistan. The violence and unrest created by these terrorist groups hinder any meaningful dialogue and diplomatic efforts aimed at resolving the Kashmir issue.
- Economic Impact: The sustained presence of terrorist activities has had a detrimental impact on the economy of Jammu and Kashmir. Tourism, a significant source of revenue for the region, has suffered due to the prevailing security concerns, leading to job losses and economic downturn.
- Psychological Impact: The ongoing terrorism has taken a toll on the mental health and well-being of the people of Jammu and Kashmir. The constant threat of violence, loss of loved ones, and living under a state of fear have resulted in psychological trauma for individuals and communities.
Consequences of Pakistan-sponsored terrorism on internal peace in Pakistan
- Increased Violence and Insecurity: Pakistan-sponsored terrorism has led to a rise in violence and insecurity within the country. Terrorist attacks carried out by extremist groups have resulted in the loss of numerous lives and widespread fear among the population.
- Loss of Civilian Lives: Innocent civilians have been the primary victims of terrorist attacks sponsored by Pakistan. These attacks have targeted public places, religious institutions, markets, and educational institutions, causing significant casualties among the civilian population.
- Sectarian and Ethnic Tensions: Pakistan has witnessed an escalation in sectarian and ethnic tensions as a result of state-sponsored terrorism. Extremist groups have targeted specific religious and ethnic communities, exacerbating divisions and leading to a breakdown of social harmony.
- Internal Displacement: The violence and insecurity caused by Pakistan-sponsored terrorism have resulted in internal displacement of populations within Pakistan. People are forced to leave their homes and seek refuge in safer areas, leading to the displacement crisis and additional socio-economic burdens.
SCO’s Limited Authority and Implications
- Lack of Enforcement Power: The SCO does not possess strong enforcement power or mechanisms to compel member states to adhere to its mandates or take action against state-sponsored terrorism. It heavily relies on voluntary cooperation among member states, making it challenging to address non-compliance effectively.
- Ineffectiveness in Holding States Accountable: The absence of robust mechanisms for accountability limits the SCO’s ability to hold member states accountable for their actions, including Pakistan’s involvement in state-sponsored terrorism. This undermines the credibility and effectiveness of the organization in addressing terrorism-related issues.
- Risk of Becoming a Platform for Political Maneuvering: The limited authority of the SCO creates a risk that member states, including Pakistan, may use the organization as a platform for political maneuvering rather than genuinely addressing the issue of terrorism. Geopolitical rivalries and divergent interests among member states can impede the organization’s ability to effectively combat terrorism.
- Compromised Regional Security: The limited authority of the SCO in dealing with state-sponsored terrorism hampers its ability to effectively address security threats in the region. This compromises the overall regional security and stability, as terrorist groups continue to exploit the gaps and operate with impunity.
- Diminished Credibility: The inability of the SCO to take decisive action against state-sponsored terrorism can lead to a diminished credibility of the organization in the international community. The lack of concrete measures to address terrorism undermines its role as a regional security organization and casts doubts on its effectiveness
- Weakening of Counterterrorism Efforts: The limited authority of the SCO hampers its ability to coordinate and implement comprehensive counterterrorism efforts among member states. This undermines the potential of collective action in addressing the shared threat of terrorism and limits the effectiveness of joint initiatives and cooperation.
Conclusion
- The limited authority of the Shanghai Cooperation Organisation (SCO) to address state-sponsored terrorism, coupled with growing divergence among member states and the inclusion of rogue nations like Pakistan, threatens its effectiveness in countering terror threats. Without stronger mechanisms and unified action, the SCO risks becoming ineffective in tackling the rising challenges of terrorism, thereby compromising regional security and stability.
Also read:
| Drugs in the valley: Pakistan’s new weapon to finance terrorism |
Terrorism and Challenges Related To It
China objects to Indian proposal to blacklist terrorist at UN
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UNSC 1267 list
Mains level : Global consensus on terrorism
Central Idea: China has objected to India’s proposal to blacklist Abdul Rauf Azhar, a senior terrorist from Pakistan-based Jaish-e Mohammed (JeM) on the UN Security Council’s 1267 List.
China’s objection to the proposal
- China is a permanent, veto-wielding member of the UN Security Council.
- It has put a hold on proposals to blacklist other Pakistan-based terrorists in the past, including Hafiz Talah Saeed, Shahid Mahmood, and Sajid Mir.
The UNSC 1267 list
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the listing done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council
| Description | |
| Purpose | International peace and security |
| Powers | Establish peacekeeping operations, impose international sanctions, and authorize military action. Its resolutions are binding. |
| Membership | 15 members. 5 permanent members are Russia, the United Kingdom, France, China, and the United States. The remaining 10 are non-permanent members elected on a regional basis to serve two-year terms. |
| Veto Power | P5 members have veto power, which means they can veto any substantive resolution, including those on new member states or candidates for Secretary-General. |
| Presidency | Rotates monthly among its members. |
Terrorism and Challenges Related To It
How to minimise the threat from IEDs?
Note4Students
From UPSC perspective, the following things are important :
Prelims level : IED (Improvised Explosive Device)
Mains level : Explosives control
Central Idea: The article discusses various measures that need to be taken to minimise errors in anti-terrorist operations. This has been particularly discussed after recent incidents of IED (improvised explosive device) explosions.
What are IED (Improvised Explosive Device)?
- IEDs are homemade explosive device made from commonly available materials such as fertilizer, diesel fuel, and metal scraps.
- They are typically used as a form of guerrilla warfare by non-state actors such as terrorists, insurgents, and other militant groups.
Why discuss IEDs?
- IEDs are a popular choice for such groups as they are relatively easy to construct, difficult to detect, and can be triggered by a range of mechanisms including pressure plates, remote control, and tripwires.
- IEDs are often responsible for a large number of casualties and fatalities in conflict zones.
Disadvantage faced by Indian armed forces
- The security forces are dealing with an enemy who is faceless, unidentifiable, and hidden among the people.
- Security personnel can open fire only in self-defence, not on apprehension, giving militants the ‘first mover advantage’.
- The reaction or the response time available for “Immediate Action (IA) or Counter Ambush drill” is a few seconds.
- All standard operating systems and procedures, technological measures, etc., are directed towards the identification and detection of IEDs/landmines and to avoid being caught in them.
Preventing IED Fatalities
(1) Minimizing Errors
- Avoid vehicle travel: To avoid casualties/fatalities in Maoist territories, vehicle travel should be avoided.
- Foot patrolling: Routine operations like area domination, cordon-and-search, long-range patrolling, ambush-cum-patrolling should only be undertaken on foot.
- Route security: If vehicle travel is essential, the onward and return journeys should never be by the same route, nor undertaken during the daytime.
- Smaller convoys: Security forces should travel in a convoy of a minimum of two to three vehicles, maintaining a distance of at least 40 to 50 meters between them.
(2) Camouflage and Protective Gear
- In certain war zones, vehicular deployment is inevitable.
- Security forces should be equipped with appropriate protective gear and their vehicles should be equipped with V-shaped and armour-plated hull, blast-resistant technology, and proper sandbagging to minimize damage in the event of an explosion.
(3) Making a Region Safe for Travel
- Detection: Rigorous and regular implementation of various detection methods, such as metal detectors, ground-penetrating radar, and trained sniffer dogs, to locate and clear landmines and IEDs, is essential.
- Multi strata surveillance: This carried out through drones and road opening parties equipped with UGVs (Unmanned Ground Vehicles) can detect the presence of terrorists and pick tell-tale signs of a likely ambush.
- Mapping of such areas: Areas known or suspected to contain landmines or IEDs can be mapped, and contingency plans prepared for them.
(4) Intelligence Inputs and Investigation
- Confidence building: Winning of hearts and minds is essential to gather actionable intelligence.
- Diligent and scientific investigation: Establishment of linkages through meticulous collection and marshalling of evidence, framing of chargesheets, followed by speedy trials and conviction, serve as a strong deterrent to terrorism.
Policy measures required
- Regulating explosives: Legislative measures are required for the mandatory addition of odoriferous chemicals and/or biosensors to explosives used in industry and mining for their easy detection during transport.
- Collaboration with international organizations: Other countries have taken several counter-IED measures, such as the U.S. setting up the Joint Improvised-Threat Defeat Organization and spending about $20 billion on counter-IED measures since 2005.
- Overarching agency: It is needed under the Ministry of Home Affairs to coordinate the efforts of both the GoI and the states, and to provide legislative, technological, and procedural support to law enforcement agencies.
Conclusion
- It is crucial for governments to take necessary measures to protect their security personnel and prevent casualties caused by IEDs.
- Again it is essential to raise awareness about the challenges and dangers faced by security personnel in conflict zones and to find effective solutions to mitigate the risks.
Terrorism and Challenges Related To It
Why have Maoists repeatedly attack in Chhattisgarh?
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Maosism
Mains level : LWE in India
Central idea: Ten security personnel returning from a counter-insurgency operation and a civilian driver were killed by Maoists, in Chhattisgarh’s Dantewada.
Why discuss this?
- Media seems to be confused with the terms and uses Maoists and Naxalities quite inter-changeably for Left Wing Extremism (LWE).
Current LWE situation in the country
- According to the MHA, Maoist violence in the country has gone down by 77% since 2010.
- The number of resultant deaths (security forces + civilians) has come down by 90% from the all-time high of 1,005 in 2010 to 98 in 2022.
- Chhattisgarh accounted for more than a third of all Maoist-related violence in this period.
Naxalites vs. Maoists
Naxalism |
Maoism |
| Originated as a rebellion against marginalisation of the poor forest dwellers and gradually against the lack of development and poverty at the local level in rural parts of eastern India | Originated in China as a form of communist theory derived from the teachings of Chinese political leader Mao Zedong |
| Began with an armed peasant uprising in Naxalbari village of Darjeeling district in West Bengal in 1967 | Maoist Communist Centre (MCC) was formed in West Bengal around 1966 |
| Originated from the split that took place in the Communist Party of India (Marxist) in 1967 | A section of communist rebels retained a distinct identity after the Naxalbari uprising |
| Spread to lesser developed areas like Jharkhand, Odisha, Chhattisgarh and Andhra Pradesh | Initially kept a low profile, shot into prominence in Bihar in mid-1980s when they killed 54 Rajputs in Dalelchak-Bhagaura village of Aurangabad |
| CPI-ML has been fighting elections in several states across India | Do not support elections |
| Focuses on mass organizations | Relies mainly on armed struggle |
| May have an armed wing, but not their sole reliance | Existence depends on their armed militia |
Why have the Maoists carried out this attack in Chhattisgarh now?
- Anti-state ops: The Maoists have carried out this attack as part of their strategy of heightened military activity and more attacks on security forces.
- Revenge: CRPF conducts Tactical Counter Offensive Campaigns (TCOCs) from Feb to June yearly as monsoon makes offensive operations in the jungles difficult from July.
Why Chhattisgarh?
- Dense forests: The absence of roads in the interiors of Chhattisgarh has stymied the operations of security forces.
- Asylum for the offenders: Police of neighbouring states had pushed Maoists from their states to Chhattisgarh, making it a concentrated zone of Maoist influence.
- Lack of governance: The minimal presence of the administration in the interiors of South Bastar has ensured that Maoists continue to have influence in the region and enjoy local support through a mix of fear and goodwill.
Also read:
Terrorism and Challenges Related To It
Drug trafficking In India: New Trends and Serious Security Issues
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Golden crescent and golden traingle
Mains level : Menace of Drug trafficking in India
Central Idea
- Narcotics trade is a global social problem that has harmful effects on the youth and families. This trade generates money that is diverted to disruptive activities having bearing on national security, keeping the law enforcement agencies on tenterhooks. India is also facing the problem of drug trafficking, and the issue is assuming dangerous proportions.
What is Narcotics trade?
- The narcotics trade refers to the illegal production, distribution, and sale of drugs such as opium, heroin, cocaine, and methamphetamine.
- It is a global issue that poses a serious threat to public health and safety, as well as national security.
- The trade is often controlled by criminal organizations, and the money generated from it is often used to fund other illicit activities such as terrorism and money laundering.
Prevalence of Narcotics trade in India
- Significant challenge: The Narcotics trade is a serious problem in India, affecting the youth and families, and leading to the diversion of money for disruptive activities that have a bearing on national security.
- Sandwiched between golden Crecent and golden triangle: India is a big market and a transit route for other countries. India has been seen as sandwiched between the Death (Golden) Crescent and Death (Golden) Triangle.
- Use of drones to supply drugs: The use of drones to supply drugs and weapons across the border in Punjab is a new phenomenon.
- Hot destination for cocaine: India has surprisingly become a hot destination for cocaine, which is controlled by South American drug cartels. Investigations have revealed the connection of these cartels with NRIs based in Canada, Australia, Singapore, Hong Kong, and several European countries along with local drug lords and gangsters in India.
Concerns regarding the Narcotics trade in India
- Social and health impact: Narcotics trade harms youth and families, leading to addiction and health problems.
- Diversion of funds for disruptive activities: The money generated from the narcotics trade is diverted for disruptive activities that have bearings on national security.
- Increase in terrorism: Drug traffickers from across borders have been found to have connections with terrorist organizations like Lashkar-e-Toiba and Hizbul Mujahideen, and the illegal money is used for terror activities sponsored by the ISI.
- Infiltration of organized crime: Organized gangs, which primarily used to carry out extortion activities in their local areas, are getting hooked to the narcotics trade network, and are being used for drug trafficking and gun running. This creates a nexus between terrorists and organized gangs/underworld, which poses a new and disturbing trend that needs to be tackled effectively by security agencies.
- Proliferation of darknet markets: Studies reveal that 62 per cent of the darknet is being used for illicit drug trafficking. The anonymity and low risks of darknet transactions are disrupting traditional drug markets.
- Border security: The heroin and methamphetamine-producing areas have porous borders and are reportedly under the control of rebel groups indirectly supported by intelligence setups. Illicit arms are manufactured here and supplied to underground groups active in India.
Facts for prelims
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Why drug trafficking is a serious security issue?
- Illegal money: Drug trafficking generates a significant amount of illegal money, which can be used to fund other illegal activities such as terrorism, money laundering, and human trafficking.
- Social and economic consequences: Drug addiction and abuse can have severe social and economic consequences, including increased crime rates, loss of productivity, and strain on the healthcare system.
- Organized crime syndicates: Drug trafficking often involves organized crime syndicates, which can undermine the rule of law and weaken the state’s ability to maintain law and order.
- Impacts regional stability: Drug trafficking can create instability in regions that are already vulnerable to conflict and violence, as rival groups compete for control of the lucrative trade.
Steps taken by India to address the issue of drug trafficking
- National Policy on Narcotic Drugs and Psychotropic Substances: India has a comprehensive policy framework to address the issue of narcotics trade. The National Policy on Narcotic Drugs and Psychotropic Substances provides a framework for controlling the illicit traffic in drugs, preventing drug abuse, and providing care and rehabilitation to drug addicts.
- Narcotics Control Bureau: The Narcotics Control Bureau (NCB) is the nodal agency for combating drug trafficking in India. It works closely with other law enforcement agencies to prevent drug trafficking, intercept drug shipments, and prosecute drug traffickers.
- International cooperation: India has been cooperating with other countries to combat the narcotics trade. It has signed several bilateral and multilateral agreements to strengthen cooperation on drug trafficking, including the SAARC Convention on Narcotic Drugs and Psychotropic Substances and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- Seizure of drugs: Law enforcement agencies have been seizing large quantities of drugs in recent years. In 2020, the NCB seized over 9,500 kg of drugs and arrested over 5,000 people in drug-related cases.
- Awareness campaigns: The government has been running awareness campaigns to educate people about the dangers of drug abuse. It has also been working with NGOs and civil society organizations to provide care and rehabilitation to drug addicts.
- Use of technology: Law enforcement agencies are using technology to track drug trafficking. For example, the NCB has been using social media and the dark web to track drug trafficking.
- Strengthening border security: India has been strengthening its border security to prevent the entry of drugs into the country. The government has been using modern technology, such as drones and sensors, to monitor the borders.
- Use of financial intelligence: Law enforcement agencies are using financial intelligence to track the money trail of drug traffickers. They are working closely with banks and financial institutions to identify suspicious transactions and freeze the assets of drug traffickers.
Way ahead
- International cooperation: India needs to engage with its neighboring countries to ensure that they take steps to prevent the production and transit of narcotics through their territories. India should also collaborate with international agencies like the United Nations Office on Drugs and Crime (UNODC) to share intelligence and develop a coordinated approach towards combating the drug menace.
- Strengthening law enforcement: India should strengthen its law enforcement agencies and provide them with the necessary resources and training to effectively tackle the narcotics trade. The Narcotics Control Bureau (NCB) should be given more teeth and made more proactive in tracking down drug traffickers and seizing drugs.
- Public awareness: India needs to launch a sustained public awareness campaign to educate people about the harmful effects of drugs and the links between drug trafficking and terrorism. The government should also work with civil society organizations to mobilize communities to report drug-related activities in their neighborhoods.
- Stricter punishment: India needs to introduce stricter punishment for drug traffickers and increase the penalties for drug-related crimes. This will act as a deterrent and make it more difficult for drug traffickers to operate in India.
- Use of technology: India needs to leverage technology to track and intercept drug shipments. The use of drones and other unmanned aerial vehicles can be explored to monitor the movement of drugs across borders.
- Monitoring darknet activities: India needs to monitor activities on the darknet and take action against those engaged in drug trafficking through this channel. The NCB can work with international agencies to track down drug traffickers operating on the darknet.
- Rehabilitation: India needs to focus on rehabilitating drug addicts and providing them with the necessary support to overcome their addiction. This will help in reducing demand for drugs and prevent people from getting into the trap of drug trafficking.
Conclusion
- The problem of drug trafficking is a growing threat to India’s security, and the issue needs to be addressed urgently. Concerted and coordinated efforts of all the agencies will be required to tackle this growing threat. The nexus between terrorists and organized gangs/underworld is a new and disturbing trend and the law enforcement agencies must develop new strategies to counter the new trends.
Mains Question
Q. The problem of drug trafficking is a growing threat to India’s security. In this backdrop discuss the concerns regarding narcotics trade in India and suggest a way ahead
Terrorism and Challenges Related To It
Membership of a banned outfit is a crime under UAPA: SC
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Unlawful (Activities) Prevention Act (UAPA)
Mains level : Read the attached story
The Supreme Court has overturned its previous judgments and ruled that a person who “is or continues to be” even a “mere member” of a banned organisation is liable to be found criminally liable under the Unlawful Activities Prevention Act (UAPA) for acting against the sovereignty and integrity of India.
Why in news?
- The Supreme Court’s earlier ruling maintained the restraints stitched into Article 19(4) on the right of citizens to form associations and unions.
What has changed with this judgment?
- Possession of literature or expression of sympathy to the cause without any real involvement in the crime can be counted as evidence of “membership” if the threshold is lower and does not require actual involvement.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Cases registered under UAPA
- During 2015 to 2020, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Why UAPA is often criticized?
- Draconian: The provision of extended detention without trial, lack of transparency in the process, and limited scope for judicial intervention have also been criticized.
- Community targeting: The law has been used to suppress dissent, target minorities, and stifle freedom of speech and expression.
- Vague definitions: Critics argue that the broad definition of “unlawful activities” in the law is vague and can be used to target anyone who opposes the government or its policies.
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Issues with UAPA
- Burden of proof:With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail:As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding:This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases:In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Impact of the recent ruling
- The ruling is expected to have significant implications for individuals associated with banned organisations in India.
- It is likely that there will be more cases of individuals being charged for their membership of a banned organisation.
- While the court clarified that persons who had left the organisation and were not members at the time it was declared unlawful, cannot be held liable under Section 10(a)(i) of the UAPA/
Conclusion
- This judgment is a significant step towards preventing unlawful activities and protecting the sovereignty and integrity of India.
- While the ruling has been praised by the government, civil rights advocates have raised concerns about the implications of this judgment on fundamental rights.
- It remains to be seen how this ruling will be applied and enforced in practice.
Terrorism and Challenges Related To It
What is the National Security Act, 1980?
Note4Students
From UPSC perspective, the following things are important :
Prelims level : National Security Act
Mains level : NSA and its provisions
Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.
National Security Act, 1980
- The NSA was passed by the Parliament in 1980 and has been amended several times since then.
- It empowers the state to detain a person without a formal charge and without trial.
- It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
- It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.
Grounds for detention under NSA
- NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
- Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
- An individual can be detained without a charge for a maximum period of 12 months.
- The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.
Protection available under the Act
- One crucial procedural safeguard under the NSA is granted under Article 22(5).
- All the detained persons have the right to make an effective representation before an independent advisory board.
- The board is chaired by a member who is, or has been, a judge of a high court.
- The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.
Cases for misuse
- The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
- “Meticulous compliance with the procedural safeguards” has to be ensured.
Criticism of NSA
- Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
- Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
- Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
- There have been calls for the Act to be repealed or amended to prevent its abuse.
- However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.
Try this MCQ:
Which of the following is a true statement about the National Security Act, 1980?
A) The Act allows preventive detention only for specific violations of the law.
B) The detained person has the right to move a bail application before a criminal court.
C) A person can be detained under the Act only if he/she has been charged with a crime.
D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
Post your answers here.
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Terrorism and Challenges Related To It
Vienna Convention on Diplomatic Relations (1961)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Various vienna conventions
Mains level : Not Much
Central idea: The Indian government lodged a strong protest against the UK government and reminded obligations of the host nation under the Vienna Convention on Diplomatic Relations amid the vandalism incident that occurred at the Indian High Commission in London.
What is the Vienna Convention?
- The treaty being referred to by the MEA in this instance is the Vienna Convention on Diplomatic Relations (1961).
- It provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.
FYI: Vienna ConventionVienna, the capital city of Austria, has a long history of hosting international conventions and conferences. There are several conventions that are named as “Vienna Convention”. Here is a list of some of the most well-known Vienna Conventions:
Note that there may be other treaties or agreements that have been signed in Vienna that may also be referred to as Vienna Conventions, but the above are some of the most commonly recognized ones. |
Obligations of a “receiving State” under the Vienna Convention
- As per the Vienna Convention, a “receiving State” refers to the host nation where a diplomatic mission is located.
- Article 22 of the Convention deals with obligations with regards to the premises of the Mission.
- Part 2 of this article states that “The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity”.
Did the UK not fulfil its obligations in this instance?
- The fact that protestors were able to climb the walls of the High Commission premises indicates a breach.
- India finds the UK government’s indifference to the security of Indian diplomatic premises and personnel in the UK unacceptable.
- UK has condemned the event and promised to take the security of the Indian High Commission in London seriously.
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Terrorism and Challenges Related To It
An Overview : UAPA and The Concerns
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA, TADA, POTA
Mains level : UAPA, misuse and necessity
Central Idea
- India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has been misused and turned into a tool of terror. There are two examples of this misuse in recent times. In 2021, Muhammad Manan Dar, a young Kashmiri photojournalist, was arrested and imprisoned for documenting the daily lives of common Kashmiris with his camera. A year earlier, another journalist, Sidheeque Kappan, was charged with participating in a plot to ignite rioting in Hathras, Uttar Pradesh.
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Unlawful (Activities) Prevention Act (UAPA)
- Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.
- Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.
- Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, terrorist act was added to the list of offences.
- Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.
- Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.
What is Terrorist and Disruptive Activities (Prevention) Act (TADA)?
- Overview: TADA was an anti-terrorism law in India and enacted in 1985 and was in force until 1995. It was enacted to strengthen the legal framework to deal with terrorist activities in India.
- Provisions: TADA provided for the detention of suspects without trial for up to 180 days. It also allowed the setting up of special courts to conduct trials in cases related to terrorism and provided for the admissibility of confession made to a police officer. TADA also made certain activities punishable as terrorist acts, including illegal arms trade, financing terrorism, and disrupting the sovereignty of India.
- Criticism: TADA was also criticized for its vague and broad definition of terrorism, which allowed for the targeting of political dissidents.
- Repeal: TADA was allowed to lapse in 1995 after it was deemed to be incompatible with the Indian Constitution and the principles of democracy and the rule of law. The law was replaced with the Prevention of Terrorism Act (POTA) in 2002, which was also criticized for its draconian provisions and misuse by law enforcement agencies.
What is Prevention of Terrorism Act 2004 (POTA)?
- Objective: To provide the government with legal tools to combat terrorism and punish those who support or engage in terrorist activities.
- Key Provisions: Broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Power to detain suspects for up to 180 days without charge. Use of confessions made to police officers as evidence in court
- Criticism: Potential for misuse and infringement on civil liberties. Could be used to target religious and ethnic minorities. Could be used to silence political dissent
- Repealed: 2004 by the United Progressive Alliance government, citing concerns about misuse and potential for human rights abuses.
- Replacement: Some provisions of POTA were incorporated into the Unlawful Activities Prevention Act (UAPA), which remains in force in India today.
Worrying statistics
- UAPA has one of the worst records for prosecution success.
- According to a PUCL report in 2022, less than 3 per cent of arrests made under the UAPA resulted in convictions between 2015 and 2020.
- Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail, according to the report.
- Unlike TADA and POTA, UAPA has never been constitutionally reviewed. Its repeated abuse is a blot on our democracy.
Some of the key concerns regarding the UAPA
- Misuse: The UAPA has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
- Lack of accountability: The UAPA allows for the designation of an individual or organization as a terrorist entity, without providing adequate means for challenge or appeal, which many argue is against the principles of natural justice.
- Vagueness: The definitions of “terrorist acts” under the UAPA are broad and vague, and can be interpreted in a way that infringes on the freedom of speech and assembly, leading to the potential for misuse.
- Restrictions on bail: The UAPA has provisions that make it difficult for people charged under the act to obtain bail, as it requires that the accused show that they are not guilty, shifting the burden of proof from the prosecution to the accused.
- Excessive punishment: The UAPA provides for harsh punishments, including life imprisonment and the death penalty, for offenses related to terrorism, which many argue are disproportionate and infringe on human rights.
Why UAPA is necessary?
- Legal tools to investigate: The UAPA provides the government with legal tools to investigate and prosecute individuals and organizations involved in terrorist activities.
- Special courts to conduct trials: It allows for the setting up of special courts to conduct trials in cases related to terrorism and provides for stringent punishment for offenses related to terrorism. It also allows the government to designate individuals or organizations as terrorist entities and freeze their assets.
- Necessary measure to maintain sovereignty and integrity: The act is aimed at countering not just terrorism but also other forms of unlawful activities, such as organized crime, money laundering, and trafficking. It is considered to be a necessary measure to maintain the sovereignty and integrity of the nation, and to protect the lives and property of its citizens.
- To balance national security and civil liberties: It is necessary to strike a balance between national security and protection of civil liberties. The act can be an effective tool in the fight against terrorism, as long as it is implemented in a fair and just manner and its provisions are not misused to stifle legitimate forms of dissent or activism.
Conclusion
- Concerns over the UAPA highlight the need for a balanced approach in the fight against terrorism, one that protects national security while also ensuring the protection of fundamental rights and freedoms.
Mains question
Q. UAPA is continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such Act.
Terrorism and Challenges Related To It
Drugs in the valley: Pakistan’s new weapon to finance terrorism
Note4Students
From UPSC perspective, the following things are important :
Prelims level : NA
Mains level : Drug infiltration for terror financing, and security issues
Context
- With arms and terror infiltration becoming difficult, Pakistan has now resorted to peddling drugs to degenerate the youth of Jammu and Kashmir. Narcotics, Pakistan’s new weapon to finance terrorism within the Valley, has been dubbed the biggest challenge confronting Jammu and Kashmir by Police Chief Dilbag Singh.
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Background: Pakistan-sponsored terrorism and its impact
- The culture of violence implemented through constant financial and strategic support to the insurgency in the Kashmir Valley by Pakistan by training and infiltrating weapons and militants impacted society in many ways.
- Pakistan-backed terrorism destroyed the centuries-old socioeconomic and sociocultural fabric of society.
- The deaths, mass exodus of Pandits, and increased unemployment eroded the composite way of life and increased boredom, depression, and anxiety among the masses.
How Pakistan’s designs are failing?
- Pakistan-sponsored terrorism is at an all-time low in Jammu and Kashmir, three years after the abrogation of Articles 370 and 35A.
- The number of active militants has fallen from 250 by the end of 2019 to just over 100 by January 2023.
- Security agencies have tried hard to achieve zero terror activities within the Union territory of Jammu and Kashmir and busted 146 terror modules created by Pakistan in 2022.
- As a result, Pakistan’s design to create a culture of violence in the Valley endorsed by self-serving and incestuous political elite under the guise of autonomy for the last 30 years is failing.
Drug strategy of Pakistan in Kashmir
- Strategy serves dual purpose for Pakistan: Now, with the people of Kashmir increasingly relinquishing terrorism and a culture of violence, the drug strategy serves dual purposes for Islamabad. One, to attack the core of the social well-being, and two, to finance terrorism within the Valley.
- Constant infiltration of drugs in the valley: There is a constant infiltration of drugs by Pakistan via the Valley’s Kupwara and Baramulla districts, less-used other drugs such as brown sugar, cocaine, and marijuana are also readily available within the Valley and even in parts of Jammu.
Drug addiction in Kashmir
- Valley is slowly becoming a drug hub: The Kashmir Valley is slowly becoming a drug hub in Northern India, having more than 67,000 drug abusers, of which 90 percent are heroin addicts, using more than 33,000 syringes daily.
- Emerged as country’s top drug affected region: With 2.5 percent of the population using drugs, Kashmir has emerged as the country’s top-drug-affected region, ahead of Punjab, where 1.2 percent of the population is reportedly addicted to drug abuse.
- Residents affected: In November 2022, the state-level narcotic coordination committee meeting chaired by the Chief Sectary revealed that at least six lakh residents were affected by drug-related issues in Jammu and Kashmir.
- Increasing crime rate: Increasing on average, INR 88,000 are spent by a drug abuser in the Valley yearly, increasing Kashmir’s crime rate.
Reasons for this situation
- Collapse of age-old social discipline: A significant reason for such an alarming situation is the near-total collapse of the Valley’s age-old informal social discipline and control mechanisms enforced by village elders.
- Attack on cultural core: Pakistan’s nefarious attack on the Valley’s cultural core has rendered this traditional mechanism of social control ineffective.
- Few contributes in social degradation: The village elders have also often worked hand-in-glove with Pakistan’s evil designs by remaining silent and endorsing the societal degradation.
Jammu and Kashmir police and war against drugs
- Security agencies have trained their focus on drug peddlers: Security agencies in Jammu and Kashmir are known for anti-terror operations. They have successfully created a synergy with the local administration to sabotage Pakistan’s activities and allied forces within the Valley. With Pakistan-sponsored insurgency receding, the security agencies have trained their focus on drug peddlers.
- Security agencies in action: In 2022, under Narcotic Drugs Psychotropic Substances (NDPS) Act, the police registered 1,021 cases and arrested 1700 drug peddlers, including 138 notorious peddlers. During the same time, the security agencies seized enormous quantities of contraband, including 212 kilograms of charas, 56 kilograms of heroin, 13 kilograms of brown sugar, 4.355 tonnes of poppy straw and 1.567 tonnes of fukki.
- Busted narco terror modules: The security agencies also busted many narco-terror modules and arrested 36 persons with huge catches of drugs, arms, ammunition, and money.
- Investigation revealed drugs smuggled from Pakistan: In December 2022, police busted a Pakistan-based narcotics module and arrested 17 persons, including five police officials and some political activists. Investigations revealed that over five kilograms of narcotics valued at INR 5 crore were smuggled from Pakistan in three months.
- Launched Nasha-Mukt Bharat Abhiyan: The local administration has also launched the Nasha-Mukt Bharat Abhiyan an initiative started by the Ministry of Social Justice and Empowerment on 15 August 2020 to eradicate the menace of drug addiction in 272 districts across India. This programme has conducted large-scale awareness programmes in colleges, universities, and within communities.
Way ahead
- The Kashmiri society needs to have an internal interlocution and take a serious look at Pakistan’s policies to foment trouble, especially through narco-terrorism.
- Kashmir’s elders and religious leaders through mosques need to get involved in the war against drugs and guide the youth to engage meaningfully with the spate of developmental activities undertaken by the national and Union territory government following the abrogation of Article 370.
- The government should also initiate and enable public-private partnerships, where local police, military, paramilitary, and citizen bodies act in harmony to make Kashmir free of narco-terror and Pakistan-implemented culture of violence.
Conclusion
- With arms and terror infiltration becoming difficult, Pakistan has now resorted to drug trafficking to destroy Kashmir’s youth. Creating a working synergy between Kashmir’s traditional and formal social control system can go a long way in addressing the drug menace.
Mains question
Q. With arms and terror infiltration becoming difficult, Pakistan has now resorted to drug trafficking to destroy Kashmir’s youth. Discuss.
Terrorism and Challenges Related To It
UNSC bans LeT’s Makki after China lifts its hold
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UNSC 1267
Mains level : Global terrorist designations
The ISIL and Al Qaida Sanctions Committee of the UN Security Council (UNSC) has placed Abdul Rehman Makki, a fundraiser and key planner of the Pakistan-based terrorist outfit Lashkar-e-Taiba (LeT), on its sanctions list.
Blacklisting Maki: Under UNSC 1267 list
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September, 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the blacklisting done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
How China supports Terror in Pakistan?
- China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
- This time, Beijing has argued that the blacklisting is in fact a “recognition” of Pakistan’s record of fighting terrorism.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Why China shields Pak-based terrorists?
- Rewarding Pakistan: China rewards Pakistan to keep India engaged in regional battles and internal conflicts.
- Oppressing the Uighurs: The quid pro quo is that Pakistan does not utter a word against Uighur Muslim oppression by China in restive Xinjiang province.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council (UNSC)
- The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
- Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
- It is the only UN body with the authority to issue binding resolutions to member states.
- The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
- These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
- The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.
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Terrorism and Challenges Related To It
What are Mutual Legal Assistance Treaties (MLATs)?
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Mutual Legal Assistance Treaty (MLAT)
Mains level : Not Much
India and Saudi Arabia are in talks to sign a Mutual Legal Assistance Treaty (MLAT) to obtain formal assistance from each other in investigations related to criminal cases.
Why in news?
- Saudi Arabia is only among a dozen other countries that does not have either an MLAT or any other bilateral agreement with India to facilitate such investigations.
- India has so far signed MLATs with 45 countries, and is also in talks to finalise MLATs with Italy and Germany.
What are MLATs?
- The MLATs in criminal matters are the bilateral treaties entered between countries for providing international cooperation and assistance.
- These agreements allow for the exchange of evidence and information in criminal and related matters between the signing countries.
Benefits of Treaty
- It enhances the effectiveness of participating countries in the investigation and prosecution of crime, through cooperation and mutual legal assistance.
- It will provide a broad legal framework for tracing, restraining and confiscation of proceeds and instruments of crime as well as the funds meant to finance terrorist acts.
- It will be instrumental in gaining better inputs and insights in the modus operandi of organized criminals and terrorists.
- These in turn can be used to fine-tune policy decisions in the field of internal security.
Enforcing MLATs in India
- The Ministry of Home Affairs (MHA) is the nodal Ministry and the Central authority for seeking and providing mutual legal assistance in criminal law matters.
- The Ministry of External Affairs (MEA) may be involved in this process when such requests are routed through diplomatic channels by these Ministries.
- Section 105 of the Criminal Procedure Code (CrPC) speaks of reciprocal arrangements to be made by the Centre with the Foreign Governments
Why is India seeking such a treaty with Saudi?
- In the past, Saudi Arabia has deported several terror suspects on India’s request.
- The treat would help in getting a conviction for an accused in a court of law, based on evidence gathered through the mutual agreement.
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Terrorism and Challenges Related To It
Virtual Digital Assets (VDA) and Terror Financing
Note4Students
From UPSC perspective, the following things are important :
Prelims level : VDA's
Mains level : Virtual Digital Assets (VDA) and Terror Financing
Context
- No Money for Terror conference hosted by the Union Ministry of Home Affairs concluded with a commitment from the 93 participating nations to end all financing of terror, including through the use of emerging digital technologies such as VDAs.
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Concerns regarding virtual digital assets
- VDAs for illicit activities: The concerns around the misuse of VDAs for illicit activities require careful legislative responses and forward-looking regulatory guardrails.
- Non reporting and non-transparency: On a fundamental level, these concerns stem from a lack of reporting and transparency norms, and an absence of international consensus on regulatory design.
- Lack of reliable data: The Reserve Bank of India’s (RBI) Deputy Director highlighted the difficulty in regulating VDAs, given the lack of reliable data on VDA transactions.
- Unregulated transactions: This allows bad actors to engage in unchecked transactions and defraud investors, as evinced by one of the (erstwhile) largest VDA exchanges FTX.
India’s role in regulating the VDA
- Leveraging G20 Presidency: As one of the highest-ranked countries in terms of VDA adoption, and now with the G20 presidency, India has a critical role to play in shaping the global regulatory environment.
- Empowering anti-money laundering authorities: In the short term, a viable approach for India is in taking the industry and the investor into confidence by allowing anti-money laundering (AML) authorities visibility over VDA transactions, and the power to impose controls upon them and prosecute in the event of any misuse.
- India should adopt FATF guidelines: There are several international templates to this effect. The Financial Action Task Force Guidelines on Virtual Asset Transactions (FATF Guidelines) are a case in point, which have been adopted by various jurisdictions, including the EU, Japan and Singapore.
FATFs Guideline regarding VDA regulation
- Minimum anti-money laundering standards: The FATF prescribes minimum Anti-money laundering standards that countries should employ to prevent the likelihood of misuse, and the FATF Guidelines prescribe the same for VDA transactions.
- Licensing and reporting of VDAs: The Guidelines are applicable to VDA service providers of member states like India. Key features of the FATF Guidelines include licence/registration requirements and extensive reporting and record-keeping obligations for VDA service providers.
- Travel rule obligations: One such obligation is the Travel Rule, which requires service providers to record the originator and beneficiary’s account details, transaction amount, and purpose of transaction for all wire transfers.
- Verifying identity above certain threshold: Customer due diligence obligations, which include verifying the customer and beneficiary’s identities should be conducted for all transactions exceeding $1,000.
- Obligation on service provider: The FATF Guidelines also require VDA service providers to perform enhanced due diligence obligations (such as corroborating the customer’s identity with a national database or potentially tracing the customer’s IP address to ensure there are no links to illicit activities) when a transaction is with a higher-risk country.
What are India’s current laws to regulate VDA?
- PMLA includes reporting obligation: India’s existing Anti-money laundering framework under the Prevention of Money Laundering Act, 2002 (PMLA) already applies these regulatory tools over traditional financial institutions. Notably, the PMLA also includes reporting obligations for overseas transactions that fall under the ambit of “suspicious transactions” under the framework.
- PMLA doesn’t apply to VDAs: Currently, the PMLA does not apply to the VDA industry.
- government can bring VDA under PMLA: The government has the power to notify any “designated business or profession” as a reporting entity under the PMLA and can issue a notification that classifies VDA service providers as a designated business.
Conclusion
- With the Digital Data Protection Bill and the Digital India Act already in the pipeline, Indians and digital businesses will soon have a coherent rights and responsibility framework to operate within. The time is ripe to extend regulatory oversight over the VDA industry so as to ensure that tech-innovation flourishes in a responsible, accountable manner.
Mains Question
Q. How virtual digital assets and terror financing are interlinked? What is the role of PMLA act in regulation of VDA in India?
Terrorism and Challenges Related To It
Tackling the menace of Terror Financing
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UNSC, FATF
Mains level : Terror financing and Measures to tackle
Context
- The spectre of terrorist violence looms large over the world. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. India is increasingly playing a leading role in curbing the terror financing.
What is Terror Financing?
- Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
- This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
- However, terrorist groups can also get their funds from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
- Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global funding.
What are the channels of free flow of funds?
- The global flow of funds has three traditional channels:
- Direct smuggling of cash: First, direct smuggling of cash through international borders.
- Use of Hawala: Second, the use of hawala networks.
- Banking Networks: Third, banking networks including SWIFT and other international channels.
- Use of new technologies: But now swift technological developments in areas of blockchain or cryptocurrencies which transcend national boundaries and international currency systems have emerged as a new channel for financing terrorist and other illegal activities.
What are the identified sources of funds used by Terrorist organizations?
- Legal financial activities: Terrorist organizations raise money through several sources like travel agencies, money changers, real estate, retail outlets, NGOs, charitable trusts and even from state sponsors.
- Sourced form Criminal activities: Terrorists also derive funding from a variety of criminal activities ranging in scale and sophistication from low-level crime to organized fraud or narcotics smuggling or illegal activities in failed states and other safe havens.
- For instance: Declassified files seized during the raid on Osama bin Laden’s Abbottabad hideout also revealed terror financing related documents.
What steps could be taken to uproot terror financing methods?
- Identifying the funding requirements: The first step in identifying and forestalling the flow of funds to terrorists is to understand the funding requirements of modern terrorist groups.
- Understanding the ideology: The costs associated not only with conducting terrorist attacks, but also with developing and maintaining a terrorist organisation and its ideology are significant. Funds are required to promote a militant ideology, pay operatives and their families, arrange for their travel, train new members, forge documents, pay bribes, acquire weapons and stage attacks.
- Tracing the methods of fund flow: Terrorists use a wide variety of methods to move money within and between organisations, including the financial sector, physical movement of cash by couriers, and movement of goods through the trade system. Charities and alternative remittance systems have also been used to disguise terrorist movement of funds.
- Monitoring the ambiguous financial intelligence: Only accurate and well linked financial intelligence can reveal the structure of terrorist groups and also the activities of individual terrorists. Of late, such financial intelligence from the private sector has also given significant clues to foil terrorist acts.
How India is leading the battle against terror financing?
- India’s continues efforts: Prime Minister Narendra Modi has in all his international speeches spoken at length on this. India’s efforts in taking this momentum forward need to be appreciated.
- India actively providing platform for various assemblies: Recently, the 90th Interpol General Assembly held in New Delhi, followed by a special session of UN Security Council’s Counter Terrorism in late October. In the third week of November, India will host another global conference focussed only on Countering Financing of Terrorism (CFT).
- CTC adopted Delhi Declaration: The Counter-Terrorism Committee (CTC) unanimously adopted the Delhi Declaration on countering the use of new and emerging technologies for terrorist purposes. The declaration aims to cover the main concerns surrounding the abuse of drones, social media platforms, and crowdfunding, and create guidelines that will help to tackle the growing issue.
- India will host ‘No Money for Terror’ Conference: The Ministry of Home Affairs will organise the Third Ministerial ‘No Money for Terror’ Conference. where participants from 75 countries expected to attend the conference. The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
What are the international efforts to tackle the menace of terror financing?
- Foundation of FATF: Financial Action Task Force (FATF) was formed in 1989 as a means of bringing order and implementing standards to the monetary system in the world with regard to terror finance and money laundering.
- Adopting the resolutions with time: It was the 2001 terrorist attacks that changed the way security agencies looked at terror financing. The UNSCR resolution 1267 in 1999 and UNSCR resolution 1373 in 2001 formed the bedrock of the financial sanctions’ regime for terrorist organisations and individuals.
- FATF’s Grey listing: One of the key reasons for Pakistan being placed on the FATF Grey List from 2018 to 2022 was its open defiance of those designations. Only after the FATF’s grey listing open terrorist activities stop and the terrorist infrastructure in Pakistan declined to some extent.
- UNSC sanctions and designations: It is pertinent to understand that the FATF has developed its entire paradigm around the word risk. It used the United Nations Security Council sanctions against terrorists and terrorist organizations to begin to evolve a complex body of documentation in order to assess technical compliance and effectiveness of countries in implementing those UN designations. Eight of the nine UN designated terrorists were arrested and convicted in a major testimony to the success of the UN sanctions regime.
Conclusion
- The UN Security Council has sought to increase efforts against terror financing. It is only through inclusive efforts that this complex issue can be addressed. India’s hosting of the “No money for terror” conference later this month should go a long way in focusing on the issue of state sponsored terror financing.
Mains Question
Q. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. Discuss what steps can be taken at national and international level to curb the menace of terror financing?
Terrorism and Challenges Related To It
India to host ‘No Money for Terror’ Conference
Note4Students
From UPSC perspective, the following things are important :
Prelims level : NMFT conference, FATF
Mains level : India's efforts to curb global terror financing
The Ministry of Home Affairs will be organising the Third Ministerial ‘No Money for Terror’ Conference next week where participants from around 75 countries are expected to attend.
‘No Money for Terror’ Conference
- The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
- It will be held in Delhi after gap of two years due to the travel restrictions imposed due to the COVID-19 pandemic.
Objectives of the event
- India’s efforts: The event conveys India’s determination in its fight against terrorism as well as its support systems for achieving success against it.
- Global cooperation: It also intends to include discussions on technical, legal, regulatory and cooperation aspects of all facets of terrorism financing.
- Compliance mechanism: The involvement of a compliant State often exacerbates terrorism, especially its financing.
What is Terror Financing?
- Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
- This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
- But terrorist groups can also get their financing from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
- Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global fundings.
Why need consensus over terror-finance prevention?
- Globally, countries have been affected by terrorism and militancy for several years and the pattern of violence differs in most theatres.
- It is largely impacted by tumultuous geo-political environment, coupled with prolonged armed sectarian conflicts.
- Such conflicts often lead to poor governance, political instability, economic deprivation and large ungoverned spaces.
Other mechanisms to curb terror financing: FATF
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- It makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What hinders the global consensus?
- No definition of terrorism: There is no universal agreement over what constitutes terrorism. This weakens efforts to formulate a concerted global response.
- Non-enforcement: Multilateral action suffers from inadequate compliance and enforcement of existing instruments.
- No global watchdog: Counter-terrorism regime lacks a central global body dedicated to terrorist prevention and response.
Way forward
- No country if safe if terrorism persists anywhere across the world.
- The world must resolve to make the international financial system entirely hostile to terrorist financing.
- Concerted efforts and a comprehensive approach should be adopted to counter terrorism under the UN auspices on a firm international legal basis.
Terrorism and Challenges Related To It
Places in news: Sahel Region
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Sahel Region
Mains level : NA
French President Emmanuel Macron announced the end of the decade-long Operation Barkhane in Africa’s Sahel Region.
Note the nations falling in Sahel Region.
Sahel Region
- The Sahel is the ecoclimatic and biogeographic realm of transition in Africa between the Sahara to the north and the Sudanian savanna to the south.
- Having a semi-arid climate, it stretches across the south-central latitudes of Northern Africa between the Atlantic Ocean and the Red Sea.
- The name is derived from the Arabic term for “coast, shore”; this is explained as being used in a figurative sense in reference to the southern edge of the vast Sahara.
- The Sahel part includes from west to east parts of northern Senegal, southern Mauritania, central Mali, northern Burkina Faso, the extreme south of Algeria, Niger, the extreme north of Nigeria, the extreme north of Cameroon and the Central African Republic, central Chad, central and southern Sudan, the extreme north of South Sudan, Eritrea and the extreme north of Ethiopia.
What is Operation Barkhane?
- France began its military operations in Sahel in January 2013.
- Titled Operation Serval, it was limited to targeting Islamic extremists linked to al-Qaeda who took control of northern Mali.
- However, in 2014, the mission was scaled up, renamed Operation Barkhane and was aimed at counter-terrorism.
- The objective was to assist local armed forces to prevent the resurgence of non-state armed groups across the Sahel region.
- Around 4,500 French personnel were deployed with the local joint counter-terrorism force.
Terrorism and Challenges Related To It
Challenges to International Cooperation on Counter-Terrorism
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Bodies and forums associated with Counter terrorism
Mains level : Terrorism and challenges . International cooperation on counter terrorism, India's Role
Context
- India’s decision to host the special session of the United Nations Security Council’s Counter Terrorism Committee (UNSCCTC) last month held in Mumbai and New Delhi, it focused on new and emerging technologies is one of a number of events planned by the Government to give its counterterror diplomacy a greater push.
What is Counter-Terrorism Committee (CTC)?
- The CTC is a subsidiary body of the United Nations Security Council (UNSC).
- The 15-member CTC was established at the same time to monitor the implementation of the resolution.
- In the wake of the 11 September 2001 terrorist attacks in the US, the UNSC unanimously adopted resolution 1373. This among its provisions obliges all States
Read this Key important note: The Delhi Declaration on Terrorism
- On day 2 of the Special Meeting, the Counter-Terrorism Committee (CTC) unanimously adopted the Delhi Declaration on countering the use of new and emerging technologies for terrorist purposes.
- Among the listed items in the Declaration include the decision to continue to work on recommendations on the three themes of the Special meeting and the intention to develop a set of non-binding guiding principles to assist Member States to counter the threat posed by the use of new and emerging technologies for terrorist purposes.
- The declaration aims to cover the main concerns surrounding the abuse of drones, social media platforms, and crowdfunding, and create guidelines that will help to tackle the growing issue.
What are the challenges to build international Consensus on counter-terrorism?
- Narrow Global War on Terrorism (GWOT): The first challenge is that the “Global War on Terrorism” (GWOT), as it was conceived by a post 9/11 United States is over with the last chapter written last year, as the United States negotiated with the Taliban, and then withdrew from Afghanistan.
- Non-cooperation with India by USA and world: GWOT itself was built on an unequal campaign when India had asked for similar help to deal with the IC814 hijacking (December 1999) less than two years prior to the 9/11 attacks (with evidence now clear that those who the Atal Bihari Vajpayee government was forced to release were all terrorists who went on to help with planning, funding or providing safe havens to the al-Qaida leadership), its pleas fell on deaf ears in the U.S., the United Kingdom, the United Arab Emirates (UAE), and of course, Pakistan, all of whom were hit by the same terrorists in later years.
- USA and China Escorting the Pakistan: Even after GWOT was launched, Pakistan’s role as the U.S.’s ally, and China’s “iron friend” ensured that the UNSC designations of those who threatened India the most, including Masood Azhar and Hafiz Saeed, never mentioned their role in attacks in India.
- FATF is becoming toothless: The maximum India received in terms of global cooperation was actually from economic strictures that the Financial Action Task Force (FATF)’s grey list placed on Pakistan — Pakistan was cleared from this in October indicating that the global appetite to punish Pakistan for terrorism has petered out.
- Realpolitik over Global problem: In addition, the weak international reaction to the Taliban’s takeover of Kabul, and its persecution of women and minorities in the country, demonstrate rising fatigue levels in dealing with “another country’s problems”.
- Ineffective UNSC resolutions: The hard reality for India is that the future of counterterrorism cooperation is going to be less cooperative, and counterterror regimes such as the UNSC Resolutions 1267, 1373, etc. rendered outdated and toothless.
How polarized world pose a challenge for fight against terrorism and the questions raised?
- Distraction due to Russia-Ukraine war: War not only shifting the focus from terrorism but is also blurring the lines on what constitutes terrorism. The CTC meeting in Delhi, for example, was disrupted over Russia’s claims that the U.K. helped Ukraine launch drone attacks on Russia’s naval fleet in Sevastopol. The question remains: if drone attacks by Yemeni Houthis on the UAE and Saudi Arabia’s oil infrastructure were condemned as terrorist attacks, why was the line drawn for drone attacks on Russian ships in a port used for loading grain, or a bridge bombing that put so many civilian lives at risk?
- Likely recruitment of Afghan soldiers in Ukraine war: On the other hand, Russia squares up the possible recruitment of the former Afghan republic’s National Army Commando Corps into its war in Ukraine, Would not these commandos who once fought Taliban terrorists, now qualify as terrorists themselves?
- Divided UN security council: Away from the battle field, the polarisation has rendered the body tasked with global peace, paralysed, as the UNSC is unable to pass any meaningful resolutions that are not vetoed by Russia or western members, and China has been able to block as many as five terror designations requested by India and the U.S. Perhaps the biggest opportunity lost due to the UNSC’s other preoccupations has been the need to move forward on India’s proposal, of 1996, of the Comprehensive Convention on International Terrorism (CCIT).
- Convention on International Terrorism is not accepted: While each conference, including the CTC meeting in Delhi, makes passing the CCIT a goal, very little progress has been made on the actual issues such as the definition of terrorism, concerns over human rights law conflicts, and the old debate on ‘freedom fighter vs terrorist’. Despite several changes in the draft made by India in 2016, consensus for the convention is still elusive
What are New and emerging technology in terrorism?
- Drone attacks: Emerging technologies and the weaponization of a number of different mechanisms for terrorism purposes. Drones are already being used to deliver funds, drugs, weapons, ammunition and even improvised explosive devices.
- Possible bio-war: After the COVID19 pandemic, worries have grown about the use of biowarfare, and Gain of Function (GoF) research to mutate viruses and vectors which could be released into targeted populations.
- AI and robotic soldiers: In a future that is already here, the use of artificial intelligence (AI) systems and robotic soldiers makes it even easier to perpetrate mass attacks while maintaining anonymity.
- Cryptocurrency and terror Financing: Terror financing uses bitcoins and cryptocurrency, and terror communications use social media, the dark web and even gaming centres.
India’s opportunity to build global consensus
- India is on forefront since long: India has been at the forefront for a call of global action against terrorism which is increasingly becoming a global phenomenon.
- India will host No money for terror conference: New Delhi will host the third edition of the “No Money for Terror” (NMFT) conference that will look at tackling future modes of terror financing.
- Using Global Counter Terrorism Architecture: In December, when India takes over the United Nations Security Council Presidency for the last time before its two-year term in the Council ends, India will chair a special briefing on the “Global Counter Terrorism Architecture”, looking at the challenges ahead.
Conclusion
- With Taliban taking over Afghanistan, USA and west have practically withdrawn from global fight against terrorism. India’s efforts for global consensus on cross border terrorism is getting harder as world is polarizing. Fight against terrorism will be very arduous task for diplomacy of India.
Mains Question
There is no consensus on global definition of terrorism, discuss. How Indian diplomacy is trying to get global attention and consensus for fight against terrorism?
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Terrorism and Challenges Related To It
UAPA gave an impetus to fight against terror: PM
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Unlawful (Activities) Prevention Act (UAPA)
Mains level : Misuse of UAPA
The Prime Minister has said that Central laws such as the Unlawful Activities (Prevention) Act (UAPA) had given an impetus to the system in a decisive fight against terrorism.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Cases registered under UAPA
- During the check period, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Other issues with UAPA
- Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Way forward
- Even within the constraints of the UAPA, much can be achieved if a responsive and independent judiciary follows the basic principles of natural justice and due process.
- The governments need to consider the issue of pendency of cases under UAPA and take steps to address the issues by either repealing certain provisions or ensuring speedy trials.
Conclusion
- Terrorism is no petty crime.
- It is sometimes necessary to infringe on due process of a few citizens in order to protect the larger humanity.
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Terrorism and Challenges Related To It
FATF, Fighting the Terrorism or Just Another Diplomatic Arena
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : FATF, grey listing and blacklisting, Money laundering and terror financing
Context
- On October 21, the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog, announced the removal of Pakistan from its Grey List. The announcement was expected.
What is FATF?
- Inter-governmental organization: The FATF, a 39-member inter-governmental organization with its headquarters in Paris, was set up in 1989 by the Group of Seven (G7) countries with the aim of setting global standards for countering the menace of money laundering.
- Terror financing included under FATF mandate: Following the terror attacks on September 11, 2001, the objective of countering the financing of terrorism was added to the FATF’s mandate. Later, its objectives were further expanded to counter the financing of proliferation of weapons of mass destruction.
How FATF functions?
- Three level mandate: The FATF seeks to fulfil its three-pronged mandate by drawing up a list of guidelines. Known as the FATF Recommendations or FATF Standards, these are meant to ensure a coordinated global response to prevent.
- organized crime,
- corruption and
- Terrorism
- Domestic plus international regulatory measures: They encompass a range of domestic legislative, regulatory and enforcement actions, as well as international cooperation measures, that states are expected to adopt and implement.
- Consensus based decision: The FATF and its associate, or regional, members such as the Asia Pacific Group on Money Laundering (APG) take their decisions on the basis of consensus. More than 200 countries and jurisdictions are committed to implementing the FATF’s recommendations.
What is grey listing and black listing?
- Monitoring the adherence to recommendations: The FATF monitors adherence to its recommendations by periodic evaluations of the anti-money laundering (AML), combating financing of terrorism (CFT) and proliferation financing (PF) regimes of member countries and jurisdictions which voluntarily submit to its monitoring.
- Strategic deficiencies by countries: Countries which exhibit strategic deficiencies in their AML/CFT/PF regimes are placed under a scheme of “increased monitoring” informally known as Grey Listing.
- Action plan to address the deficiencies: States placed under the Grey List are expected to swiftly put in place the requisite measures to address their deficiencies on the basis of Action Plans drawn up and evaluated through a process of consultation with the FATF.
- Serious strategic deficiency: States that exhibit serious strategic deficiencies in their AML/CFT/ PF regimes are placed under a Black List formally known as High-Risk Jurisdictions subject to a Call for Action.
- Serious economic consequences may follow: While Grey Listing amounts to a warning, Black Listing entails serious economic consequences by making it incumbent on governments, international lenders and commercial entities to conduct enhanced due diligence checks while transacting business with the designated countries and, in extreme cases, apply “counter-measures” against offenders.
Present status of listing by FATF?
- Grey listing: Following the removal of Pakistan, there are 23 countries on the FATF’s Grey List.
- Black listing: There are only three countries on the Black List, North Korea, Iran and Myanmar. These listing processes of the FATF are driven predominantly by the pulls and pressures of international power politics and not merely by technical parameters.
How Pakistan has been grilled by FATF for Terror financing?
- In 2008 Pakistan removed from listing: Pakistan has been placed in and removed from the Grey List in the past too. The first time was from February, 2008 to June, 2010, when it was removed from the list after it supposedly demonstrated progress in improving its AML/AFT regime.
- Mumbai terror attack and grey list: The terrorist attacks in Mumbai on November 26, 2008 took place while Pakistan was on the Grey List for the first time. The second time was from February, 2012 to February, 2015, by the end of which period it had supposedly made significant progress in improving its AML/CFT regime.
- Osama bin laden killing: The elimination of Osama bin Laden in the American raid on Abbottabad on May 2, 2011 took place after Pakistan’s exit from the Grey List for the first time and before its placement on the list for the second time.
- From 2018-2022: Pakistan was placed in the Grey List for the third time in June, 2018 and remained there till October, 2022. During this period, it was compelled to put in place several legislative, administrative and regulatory measures to improve its compliance with international AML/CFT standards.
- Action against individual and organisations: In recent years, there has been increasing realisation among FATF members that it is the effectiveness of action taken against individuals and entities of concern rather than pro-forma technical compliance” that should form the basis of judging the extent of adherence to FATF standards.
- Conviction of hafiz Saeed: It is this more realistic approach coupled with the implicit threat of being moved from the Grey List to the Black List that finally compelled Pakistan to prosecute, convict, fine and jail, on terrorism financing charges, Lashkar-e-Tayyaba (LeT) Amir, Hafiz Muhammad Saeed, LeT’s chief operational commander, Zakiur Rehman Lakhvi and Sajid Majeed aka Sajid Mir, “operational manager” of the 26/11 Mumbai attacks, after having pronounced him missing and dead.
- Jaish-e-Mohammed: A disingenuous attempt by Pakistan to persuade a visiting FATF verification team in August-September 2022 that Jaish-e-Mohammed (JeM) Amir, Maulana Masood Azhar, had escaped to Afghanistan was strongly countered by a spokesman of the Afghan Taliban.
How Pakistan manages pressure form FATF?
- with the support of USA: It is well known that much of the diplomatic heavy lifting to place Pakistan in the Grey List in June 2018 and keep it on the list for an extended period of time was done by the US. There had been a feeling among those following developments at the FATF that American pressure on Pakistan would continue till such time as the US needed Pakistan to bring the Afghan Taliban to the negotiating table and once the US withdrawal from Afghanistan was completed, the pressure on Pakistan would ease. Subsequent developments have validated this assessment.
- Help of China and turkey: Although the threat of being moved from the Grey List to the Blacklist remained hanging over Pakistan’s head, this was never a realistic possibility, considering the likely opposition to any such move by Pakistan’s staunch friends in the FATF, such as China, Malaysia, Turkey and Saudi Arabia
Conclusion
- India will have to continue mustering all available instruments and options to deny Pakistan operating space to wield the jihadi weapon, till such time as there is convincing evidence of a consensus among the generals in Rawalpindi that the weapon has outlived its utility and needs to be renounced once and for all.
Mains Question
How FATF is useful international forum for fight against terrorism? How was Pakistan forced by FATF to take actions against mastermind of 26/11 attack?
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Terrorism and Challenges Related To It
Pakistan is out of FATF ‘Grey List’ on terror funding
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Terror financing and money laundering
Global terror-financing watchdog FATF has announced Pakistan‘s removal from its grey list, saying the country has largely completed its action plans on anti-money laundering and financing of terrorism.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India’s say in FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
EAG of FATF
- The EAG is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
- It is an associate member of the FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase the acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
How had it impacted Pakistan economically?
- A country on the ‘grey list’ is not subject to sanctions.
- However, the ‘grey list’ signals to the international banking system that there could be enhanced transaction risks from doing business with the said country.
- In 2018, the Economist noted that there had been no direct economic implications when Pakistan was on the grey list from 2012 to 2015.
- Instead, Pakistan managed to obtain a $6 billion bailout package from IMF in 2013 and raise additional funding in global debt markets in 2015.
Pakistan claimed the politicization of FATF. Is that true?
- In the run-up to the February 2018 decision, the US had weaned Saudi Arabia away, leaving only China and Turkey supporting Pakistan.
- China eventually withdrew its objection.
- A few days later, India publicly congratulated China for its election as vice president of FATF, lending credence to the speculation that a deal had been reached behind closed doors.
How Pakistan managed to get out of the ‘inglorious’ list?
- Removal from the list mark the culmination of a four-year reform process that has required far-reaching changes to Pakistan’s financial system.
- It appears that, Pakistan has performed well in particular to laws governing money laundering and terrorism financing.
- Pakistan was given an action plan by FATF in 2018 to address strategic counter-terrorist financing-related deficiencies.
Conclusion
- This is not the first time for Pakistan to exit Grey List. It has been swinging on its position on terror financing.
- Pakistan first figured in a FATF statement after the plenary of February 2008.
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Terrorism and Challenges Related To It
Home Ministry designates 10 individuals as Terrorists
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA
Mains level : Terror designation in India
A total of 10 members of Hizbul Mujahideen (HM), Lashkar-e-Taiba (LeT) and other proscribed outfits have been designated as terrorists by the Union Ministry of Home Affairs (MHA) under the Unlawful Activities (Prevention) Act (UAPA).
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists”, if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
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Terrorism and Challenges Related To It
Report on Abuse of UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA
Mains level : Read the attached story
The People’s Union for Civil Liberties (PUCL) has released a report titled “UAPA: criminalizing dissent and state terror” on the alleged abuse of the legislation between 2009 and 2022, and demanded that the law be repealed.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Cases registered under UAPA
- During the check period, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Issues with UAPA
- Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Key recommendations of the report
- The report has sought:
- Repeal of the NIA Act and disbanding of the agency
- Release of all political prisoners (also who are on bail) and
- Action to provide reparations for those wrongfully accused and released by Courts
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Terrorism and Challenges Related To It
MHA bans PFI for five years under UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA
Mains level : Terror financing and money laundering
The Union Home Ministry has declared the Popular Front of India (PFI) and its front organizations as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA).
PFI under the Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at the effective prevention of unlawful activity associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organization as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organization as a terrorist organization if it believes that the organization is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reading the ban on PFI
- At present, the MHA notification published has said that the PFI and its affiliated organisations are being notified as “Unlawful Associations” with immediate effect.
- The charges against PFI are-
- Pursuing a secret agenda to radicalize a particular section of society
- Working towards undermining the concept of democracy and
- Showing sheer disrespect towards the constitutional authority and constitutional set up of the country
- Gathering funds and ideological support from outside the country
- Money laundering
Immediate trigger for PFI’s ban
- The PFI is accused of engaging in violent and barbaric acts.
- Criminal violent acts carried out by PFI include chopping off the limb of a college professor, cold-blooded killings of persons associated with organisations espousing other faiths.
- It has been allegedly involved in obtaining explosives to target prominent people and places and destruction of public property.
What does the ‘ban’ mean?
- The notification means that the membership of, support or financing to the PFI and the allied banned organizations, is now ILLEGAL.
- Any person who is a member of these organisations can face arrest, and joining membership of these organisations is a criminal offence.
- The government can also seize the properties, bank accounts and offices connected to these organisations.
Terrorism and Challenges Related To It
Nationwide Crackdown on PFI
Note4Students
From UPSC perspective, the following things are important :
Prelims level : PFI
Mains level : Terrorism and radicalization in India
The National Investigation Agency (NIA) has launched a massive nationwide search operation in connection with anti-terror activities linked to the Popular Front of India-PFI.
What is the Popular Front of India (PFI)?
- The PFI was created in 2007 through the merger of three radicalists organisations in southern India, the National Democratic Front in Kerala, the Karnataka Forum for Dignity, and the Manitha Neethi Pasarai in Tamil Nadu.
- A decision to bring the three outfits together was taken in November 2006 at a meeting in Kozhikode in Kerala.
- The formation of the PFI was formally announced at a rally in Bengaluru during what was called the “Empower India Conference” on February 16, 2007.
Agenda of the PFI
- The PFI has projected itself as an organisation that fights for the rights of minorities, Dalits, and marginalised communities.
- It has frequently targeted the alleged anti-people policies of the State even as these mainstream parties have accused one another of being in cahoots with the PFI to gather the support of Muslims at the time of elections.
- The PFI has itself never contested elections.
Parallel organizations to PFI
- In 2009, a political outfit named Social Democratic Party of India (SDPI) evolved out of the PFI, with the aim of taking up the political issues of Muslims, Dalits, and other marginalised communities.
- The SDPI’s stated goal is advancement and uniform development of all the citizenry including Muslims, Dalits, Backward Classes and Adivasis and to share power fairly among all the citizens.
- The PFI is a key provider of ground workers for the SDPI’s political activities.
Why is PFI under crackdown?
(1) Links to terror outfits
- Many volunteers of PFI are allegedly involved in terror funding, organising training camps, and radicalising people to join proscribed organisations.
- It has been involved in carrying out social and Islamic religious work among Muslims on the lines of the work done by right-wing groups.
- The PFI does not maintain records of its members, and it has been difficult for law enforcement agencies to pin crimes on the organisation after making arrests.
(2) Promoting Radicalization
- The outfit is hostile to the consolidation across the country and the rise of a single non-secular party as the nation’s pre-eminent political and ideological force.
- The post-2014 political landscape and the self-alienation of minorities has further pushed sections of the community towards groups like the PFI.
- The outfit is also said to have a large number of supporters in Gulf countries who contribute handsomely to its kitty, something which is under the scanner of investigating agencies.
(3) Hostility against state mechanism
- Starting out as an organisation primarily rooted in Kerala, Karnataka and Tamil Nadu, the PFI has spread its wings far and wide, with a presence in at least 18 states.
- It has found particularly fertile ground in parts of Uttar Pradesh and Assam.
- Authorities have accused the outfit of instigating and funding protests against the CAA and the National Register of Citizens.
(4) Barbarism in the name of religion
- The PFI has had the most visible presence in Kerala, where it has been repeatedly accused of murder, rioting, intimidation, and having links with terrorist organisations.
- The Kerala government affidavit said PFI activists were involved in 27 cases of MURDER, mostly of CPM and RSS cadres, and that the motives were highly communal.
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Terrorism and Challenges Related To It
Left wing extremism
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Maoism, Leninism and Marxism
Mains level : LWE in India
The Maoist movement is on the ebb on the Andhra Pradesh-Odisha boundary, with its cadre and militia strength heavily depleted.
Who are the Maoists?
- Maoism is a form of communism developed by Mao Zedong.
- It is a doctrine to capture State power through a combination of armed insurgency, mass mobilization and strategic alliances.
- The Maoists also use propaganda and disinformation against State institutions as other components of their insurgency doctrine.
Maoists and Maoism in India
- The Communist Party of India (Maoist) is a Marxist–Leninist–Maoist banned communist political party and militant organization in India.
- It aims to overthrow the “semi-colonial and semi-feudal Indian state” through people’s war.
Confused between Maoists and Naxalities?
- Usually, people confuse themselves over Maoists and Naxalities and cannot exactly trace the difference between the two terminologies.
- Media seems to be confused with the terms and uses Maoists and Naxalities quite inter-changeably.
- This creates confusion in the readers’ minds over the actual meaning of individual terms.
The actual difference between the terms is as follows:
- The difference between Maoists struggle and the Naxalite movement is that both trace their origin to the Naxalbari uprising of 1967.
- But while the Naxalite movement thrives on the original spirit of Naxalbari; the Maoist struggle is an outcome of the 1967 uprising.
- Maoists work with an agenda and use weapons to achieve their aims.
- Naxalism focuses on mass organisations while the Maoism relies mainly on arms.
History and evolution
- Russian Revolution: Naxalism in India, like any other leftist movement around the globe draws its ideological basis from the Russian revolution.
- Overthrowing Tsarist Regime: Lenin successfully fought against the Czarist Rule through a combination of peasant movement and an armed struggle.
- Marxian ideology of class struggle: The prime intent was to bestow power in the hands of the exploited and marginalized and enforce societal control over governance and nation building.
- Neo-Marxism: After the success of the Lenin-led revolution in Russia, the intellectual class in many countries got inspired. Prominent amongst them were Fidel Castro and Mao Zedong.
Root cause of origin in India
- Corporate exploitation: Since Eastern India is rich in natural resources including forests, minerals and mines, tribal face exploitation and harassment from government and corporate bodies targeting to extract those resources.
- Tribal alienation: Tribal communities have been systematically alienated from their traditional rights over natural resources after independence.
- Livelihood losses: Tribal livelihood is at stake due to depletion of natural resource base.
- Forceful displacement: Forceful displacement from their homeland destroys their traditional governance system.
- Absence of governance: In such exploited areas, the absence of governance becomes a self-fulfilling prophecy since the delivery systems are extinguished through killings and intimidation.
- Foreign provocations: Many of LWE outfits are supported by external forces inimical to India and the Maoists consider such alliances as strategic assets.
Other factors:
- Oppression and HR violations by Security Forces e.g. AFSPA
- Violation of Constitutional Protections under PESA and FRA
- Prevalence of Acute Poverty
Impact of LWE
- Romanticism without a cause: Some sections of the society, especially the younger generation, have romantic illusions about the Maoists, arising out of an incomplete understanding of their ideology of Class –Struggle.
- Extreme violence: Their doctrine glorifies violence as the primary means to overwhelm the existing socio-economic and political structures.
- Destruction of governance mechanism: LWEs aims at creating a vacuum at the grassroots level of the existing governance structures by killing lower-level government officials, police personnel of the local police stations and the people’s representatives of the PRIs.
- Radicalization of youths: After creating a political and governance vacuum, they coerce the local population to join the movement.
- Urban-Maoism: Many extremists have facilitated mass-mobilization in semi-urban and urban areas through ostensibly democratic means often led by well-educated intellectuals.
Outcomes of perpetrating LWE
The Leftist organizations skilfully use state structures and legal processes to further the Maoist agenda and weaken the enforcement regime through:
- Recruitment of ‘professional revolutionaries’
- Raising funds for the insurgency
- Creating urban shelters for underground cadres
- Providing legal assistance to arrested cadres and
- Mass- mobilization by agitating over issues of relevance/ convenience
Govt initiatives for LWE-affected areas
- Aspirational Districts: The MHA has been tasked with the monitoring of the Aspirational districts programme in 35 LWE affected districts.
- HRD measures: Building of schools under the Eklavya model.
- Road Connectivity Project for LWE affected areas (RRP-II): This aims for improving road connectivity in LWE affected States. Under this, 9279 km of roads and 392 bridges are sanctioned.
- Naxal Surrender Policy: It aims to wean away misguided youth and hardcore naxalites who have strayed into the fold of the naxal movement and cannot find a way back.
- National Policy Action Plan: To address Left Wing Extremism approved in 2015, has development as one of the most important component.
SAMADHAN doctrine: It encompasses the entire strategy of government from short-term policy to long-term policy formulated at different levels. SAMADHAN stands for-
- S- Smart Leadership
- A- Aggressive Strategy
- M- Motivation and Training
- A- Actionable Intelligence
- D- Dashboard Based KPIs (Key Performance Indicators) and KRAs (Key Result Areas)
- H- Harnessing Technology
- A- Action plan for each Theatre
- N- No access to Financing
Way forward
- Indian counterinsurgency has to work with a dual objective of defeating the insurgents militarily and fully quell the insurgent impulses.
- This will need institutional overhauls.
- States must do more to synergize their efforts by launching coordinated operations, thereby denying Maoists any space for manoeuvrability.
- On parallel grounds, it is also important to segregate the population from the insurgents both operationally and ideologically.
- The conflict over the distribution of resources can be mended with economic development.
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Terrorism and Challenges Related To It
China blocks listing of Lashkar ‘commander’ Sajid Mir at UNSC
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UNSC 1267
Mains level : China's support for Pak sponsored terrorism
For the third time in three months, China blocked a joint India-US attempt to put a Pakistan-based terrorist on the UN Security Council’s 1267 list.
What is the UNSC 1267 list?
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September, 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the listing done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
Why is India furious this time?
- Recently PM Modi and Xi Jinping attended the Shanghai Cooperation Organisation (SCO) summit in Samarkand.
- The grouping had agreed to take strong and consolidated action against terrorism in the region.
- Despite this, China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
- This is again very surprising movement by China by putting a ‘Technical Hold’.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council
- The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
- Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
- It is the only UN body with the authority to issue binding resolutions to member states.
- The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
- These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
- The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.
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Terrorism and Challenges Related To It
UNSC
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UN-CTC
Mains level : Counter-terrorism initiatives by the UN
In a first, India will host diplomats and officials from all 15 countries of the United Nations Security Council (UNSC), including China, Russia and the US, for a special meeting on terrorism, in Delhi and Mumbai in October.
Key determinants of the meet
The special meeting will specifically focus on three significant areas:
- Internet and social media
- Terrorism financing
- Unmanned aerial systems
What is Counter-Terrorism Committee (CTC)?
- The CTC is a subsidiary body of the United Nations Security Council (UNSC).
- The 15-member CTC was established at the same time to monitor the implementation of the resolution.
- In the wake of the 11 September 2001 terrorist attacks in the US, the UNSC unanimously adopted resolution 1373.
- This among its provisions obliges all States
- To criminalize assistance for terrorist activities,
- Deny financial support and safe haven to terrorists and
- Share information about groups planning terrorist attacks
Its executive body
- Seeking to revitalize the Committee’s work, in 2004 the Security Council adopted Resolution 1535.
- It created the Counter-Terrorism Committee Executive Directorate (CTED) to provide the CTC with expert advice on all areas covered by resolution 1373.
- It was established also with the aim of facilitating technical assistance to countries, as well as promoting closer cooperation and coordination both within the UN.
Its working
- While the CTC is not a direct capacity provider it does act as a broker between those states or groups that have the relevant capacities and those in the need of assistance.
- While the ultimate aim of the Committee is to increase the ability of States to fight terrorism, it is not a sanctions body nor does it maintain a list of terrorist groups or individuals.
Significance of the event
- India has been pushing for the UN members to adopt a Comprehensive Convention on International Terrorism (first proposed in 1996), which is likely to be raised during the meeting.
- The event will showcase India’s role as a victim of terrorism as well as a country at the forefront of global counter-terrorism efforts.
- CTC meeting in India could also pave the way for a possible visit to New York by PM Narendra Modi in December, when India will be the President of the UNSC for the entire month.
Way ahead: Hitting the nerve
- While terror financing was now recognised by FATF, it was necessary to build templates and “codes of conduct” for newer threats.
- Today terror financing now includes financing through cryptocurrency and the use of drones for terror attacks.
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Terrorism and Challenges Related To It
Functioning of the National Investigation Agency (NIA)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : National Investigation Agency (NIA)
Mains level : Terrorism and radicalization in India
The National Investigation Agency (NIA) has taken over the probe into the terrible beheading of a person in Udaipur by Jihadi radicalists.
What is the NIA?
- Headquartered in Delhi, the NIA has its branches in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai, Imphal, Bengaluru and Patna.
- It is a central agency mandated to investigate all the offences affecting:
- Sovereignty, security and integrity of India
- Friendly relations with foreign states
- Offences under the statutory laws enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations
- The offense include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders.
- The agency has the power to search, seize, arrest and prosecute those involved in such offences.
When did the NIA come into being?
- In the wake of the 26/11 Mumbai terror attack in November 2008, which shocked the entire world, the then United Progressive Alliance government decided to establish the NIA.
- In December 2008, former Union Home Minister P. Chidambaram introduced the National Investigation Agency Bill.
- The agency would deal with only eight laws mentioned in the schedule and that a balance had been struck between the right of the State and duties of the Central government to investigate the more important cases.
- The agency came into existence on December 31, 2008, and started its functioning in 2009.
- Till date, the NIA has registered 447 cases.
What are the scheduled offences?
The list includes the
- Explosive Substances Act,
- Atomic Energy Act,
- Unlawful Activities (Prevention) Act,
- Anti-Hijacking Act,
- Suppression of Unlawful Acts against Safety of Civil Aviation Act,
- SAARC Convention (Suppression of Terrorism) Act,
- Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,
- Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act and
- Relevant offences under the Indian Penal Code, Arms Act and
- Information Technology Act
- In September 2020, the Centre empowered the NIA to also probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases.
How wide is NIA’s jurisdiction?
- The law under which the agency operates extends to the whole of India.
- It also applies to:
- Indian citizens outside the country;
- Persons in the service of the government wherever they are posted;
- Persons on ships and aircraft registered in India wherever they may be;
- Persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.
How does the NIA take up a probe?
- As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
- After assessing the details made available, the Centre can then direct the agency to take over the case.
- State governments are required to extend all assistance to the NIA.
- Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
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Terrorism and Challenges Related To It
UAPA necessary to act against terrorists: Minister
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA
Mains level : Terrorism and radicalization in India
A Union Minister has said it was necessary to have certain laws like the Unlawful Activities Prevention Act (UAPA) so that action could be taken against terrorists and those who “behead other people”.
Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Major feature: Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists” if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
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Terrorism and Challenges Related To It
Pak. may get off FATF ‘grey list’ after on-site check
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Terror financing and money laundering
Pakistan got a reprieve from the Financial Action Task Force (FATF) as it announced that the country could be removed from the “grey list” after a visit by a fact-finding team.
What is the news?
- FATF noted Pakistan’s constructive claims of actions to curb terror funding.
- It would formally be taken off the “grey list” in October.
- China is working relentlessly to get Pakistan off FATF ‘grey list’.
India’s stance
- New Delhi has been sceptical of Pakistan’s commitment to completely end terror safe havens in the country.
- Infiltration in J&K continues and small arms and IEDs are being habitually pushed across the LoC.
What is the FATF?
- The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
- It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
- In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
- This was later broadened to include restricting the funding of weapons of mass destruction.
- The FATF currently has 39 members.
Working of FATF
- The decision-making body of the FATF, known as its plenary, meets thrice a year.
- Its meetings are attended by 206 countries of the global network.
- It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.
Functions of FATF
- The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
- It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
- The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
- For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
- Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.
What are the Black List and the Grey List?
- The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
- They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being:
(1) In the grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
(2) In the black list:
- High-risk jurisdictions subject to call for action
- Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
- Enhanced due diligence
- Members are told to apply counter-measures such as sanctions on the listed countries
Note: Currently, North Korea and Iran are on the black list.
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Why is Pakistan on the grey list?
- Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
- It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
- However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
- India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.
How FATF impacts Pakistan?
- The FATF grey list made it more difficult for Pakistan to get financial aid from the International Monetary Fund (IMF), World Bank, Asian Development Bank (ADB) and the European Union (EU).
- This will further create an economic crisis for Pakistan which is already struggling to control its financial position.
- Bearing the cost of global politics the impact of FATF grey-listing on Pakistan’s economy has claimed that FATF’s decision has led to a loss of USD 38 billion for Pakistan so far.
Steps taken by Pakistan
- Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
- Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.
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Terrorism and Challenges Related To It
FATF and Pakistan’s position on its ‘Grey List’
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Terror financing and money laundering
Pakistan which continues to face an economic crunch from the Financial Action Task Force (FATF), is hoping for some respite in the form of its removal from the FATF’s ‘grey list’.
What is the FATF?
- The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
- It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
- In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
- This was later broadened to include restricting the funding of weapons of mass destruction.
- The FATF currently has 39 members.
Working of FATF
- The decision-making body of the FATF, known as its plenary, meets thrice a year.
- Its meetings are attended by 206 countries of the global network.
- It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.
Functions of FATF
- The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
- It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
- The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
- For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
- Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.
What are the Black List and the Grey List?
- The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
- They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being:
(1) In the grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
(2) In the black list:
- High-risk jurisdictions subject to call for action
- Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
- Enhanced due diligence
- Members are told to apply counter-measures such as sanctions on the listed countries
Note: Currently, North Korea and Iran are on the black list.
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Why is Pakistan on the grey list?
- Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
- It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
- However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
- India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.
Steps taken by Pakistan
- Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
- Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.
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Terrorism and Challenges Related To It
UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Unlawful (Activities) Prevention Act (UAPA)
Mains level : Sedition and anti-national activities
The Supreme Court recently put freeze on sedition proceedings under the Section 124A (sedition law) of the IPC for persons who have also been charged under the Unlawful Activities (Prevention) Act (UAPA) of 1967 in the same case or separately.
What is the news?
- This freeze has rejected bails for some journalist and JNU activists who also face charges under the UAPA (for anti-India sloganeering and activites).
- Now they have been accused of making anti-national activities during the Delhi Riots.
Why is UAPA significant?
- An amendment made in 2019 has made the Act even more powerful.
- Now it can designate individuals, and not just associations, as ‘terrorists’.
Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Major feature: Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists” if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
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Terrorism and Challenges Related To It
Explained: Article 142 of the Constitution
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Article 142
Mains level : Read the attached story
The Supreme Court has exercised the power conferred on it under Article 142 of the Constitution to order the release of former Prime Minister’s assassination convict.
What is Article 142?
Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:
[1] Article 142(1)
- The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
- Any decree so passed or order so made shall be enforceable throughout the territory of India.
- It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
[2] Article 142(2)
- The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
History of Article 142
- When a draft Constitution was prepared by the drafting committee and placed before the Constituent Assembly, Article 142 was actually numbered as Article 118.
- It was placed before the Constituent Assembly on May 27, 1949 for debate but got adopted on the same day without any debate.
- This was possibly because everyone agreed that in order to ensure judicial independence, the highest court of the country must be empowered with plenary power to do complete justice.
Articles invoked in Perarivalan Case
- In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it.
- It held that it was not a fit case to be remanded to the Governor for his consideration under Article 161 of the Constitution.
Important instances when Article 142 was invoked
- Bhopal Gas tragedy case: The SC awarded a compensation of $470 million to the victims and held that “prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.”
- Babri Masjid demolition case: The Supreme Court ordered framing of a scheme by the Centre for formation of trust to construct Ram Mandir at the Masjid demolition site in Ayodhya.
- Liquor sale ban case: The Supreme Court banned liquor shops within a distance of 500 metres from National as well as State highways in order to prevent drunken driving.
Try this PYQ from CSP 2019:
Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
a. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
b. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
c. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
d. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Post your answers here.
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Terrorism and Challenges Related To It
Designation of Terrorists in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA, POTA
Mains level : Counter-terrorism ops and security agencies
The Union Home Ministry has designated Hafiz Talha Saeed, son of Hafiz Mohammad Saeed, chief of the Pakistan-based terror outfit Lashkar-e-Taiba (LeT), as a terrorist under the Unlawful (Activities) Prevention Act (UAPA).
About Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists”, if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts challenging the government’s order.
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Terrorism and Challenges Related To It
In news: Organisation of Islamic Cooperation (OIC)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : OIC
Mains level : Hypocrisy of OIC
In a highly notorious move, the OIC has invited Kashmiri separatist leaders in the Foreign Ministers’ meet in Islamabad.
What is OIC?
- The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
- The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
- OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
Do you know?
Guyana and Suriname (from South America) are members of OIC.
India and OIC: A Backgrounder
- At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
- In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
- Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
- In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
- This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
- Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.
What is the OIC’s stand on Kashmir?
- It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
- Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
- To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
- Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.
A group of hippocrats
- The OIC has been making factually incorrect and unwarranted references to Jammu and Kashmir.
- The so-called religious group is covertly silent over the persecution of Rohingyas, Uighurs, Kurds etc.
How has India been responding?
- India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
- The strength with which India has made this assertion has varied slightly at times, but never the core message.
- It has maintained its “consistent and well known” stand that the OIC had no locus standi.
- This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.
OIC members and India
- Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
- The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
- Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
Way ahead
- India sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
- But these countries sign off on the joint statements which are largely drafted by Pakistan.
- India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.
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Terrorism and Challenges Related To It
FATF retains Pakistan on its terror funding ‘Grey List’
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Terror financing and money laundering
The global money laundering and terrorist financing watchdog Financial Action Task Force (FATF) has retained Pakistan on its terrorism financing “grey list”.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India and FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
- The EAG (Eurasian Group) is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
What is the role of FATF?
- Watchdog on terror financing: The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- Recommendation against financial crimes: The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF black list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Trade sanctions: Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
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Terrorism and Challenges Related To It
Houthi Attack on United Arab Emirates
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Conflict-ridden towns in news
Mains level : Extremism across the world
A suspected drone attack on Monday in Abu Dhabi, the capital of UAE, caused multiple explosions in which three Indians were reportedly killed.
Who is behind the attack?
- The Shia Houthi rebels of Yemen have claimed responsibility for the attack.
Who are the Houthis?
- The roots of the Houthi movement can be traced to “Believing Youth” (Muntada al-Shahabal-Mu’min).
- It is a Zaydi revivalist group founded by Hussein al-Houthi and his father, Badr al-Din al-Houthi, in the early 1990s.
- Badr al-Din was an influential Zaydi cleric in northern Yemen.
- This group is inspired by the Iranian revolution of 1979 and the rise of Hezbollah in southern Lebanon in the 1980s.
- Badr al-Din and his sons started building vast social and religious networks among the Zaydis of Yemen, who make up roughly one-third of the Sunni-majority country’s population.
What led to the Houthis’ rise?
- When protests broke out in Yemen in 2011 as part of the Arab Spring protests that felled Tunisian and Egyptian dictators.
- The Houthis, now confident from their military victories and the support they enjoyed in Sadah, backed the agitation.
Why did Saudi Arabia attack Yemen?
- The rapid rise of the Houthis in Yemen set off alarm bells in Riyadh which saw them as Iranian proxies.
- Saudi Arabia, under Mohammed Bin Salman, started a military campaign in March 2015, hoping for a quick victory against the Houthis.
- But the Houthis had dug in, refusing to leave despite Saudi Arabia’s aerial blitzkrieg.
- With no effective allies on the ground and no way-out plan, the Saudi-led campaign went on with no tangible result.
- In the past six years, the Houthis have launched multiple attacks on Saudi cities from northern Yemen in retaliation for Saudi air strikes.
Not a one-way proxy war
- There are serious allegations against both the Saudis and the Houthis in the war.
- While the Saudi bombings caused a large number of civilian deaths, the Houthis were accused, by rights groups and Governments, of preventing aid, deploying forces in densely populated areas.
- Houthis have been using excessive force against civilians and peaceful protesters.
Why did the Houthis target the UAE?
- This is not the first time the Houthis attacked the UAE. In 2018, when the UAE-backed forces were making advances in Yemen, the Houthis claimed attacks against the Emirates.
- They stayed focussed entirely on Saudi Arabia and Saudi-backed forces inside Yemen.
Try this PYQ:
Consider the following pairs:
Towns sometimes mentioned in news: Countries
- Aleppo: Syria
- Kirkuk: Yemen
- Mosul: Palestine
- Mazar-i-sharif: Afghanistan
Which of the pairs given above are correctly matched?
(a) 1 and 2 only
(b) 1 and 4 only
(c) 2 and 3 only
(d) 3 and 4 only
Post your answers here.
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Terrorism and Challenges Related To It
Multi Agency Centre (MAC): A common counter-terrorism grid
Note4Students
From UPSC perspective, the following things are important :
Prelims level : MAC, NATGRID
Mains level : Counter-terrorism ops and security agencies
The Union government has asked the States to share more intelligence inputs through the Multi Agency Centre (MAC), a common counter-terrorism grid under the Intelligence Bureau (IB).
Why in news?
- States are often reluctant to share information on the platform.
- There are several gaps in sharing critical information at the right time.
- Plans are afoot for more than a decade to link the system up to the district level.
About MAC
- The Multi-Agency Centre (MAC) was formed in December 2001 following the Kargil intrusion and the subsequent overhaul of the Indian national security apparatus suggested by the Kargil Review Committee report.
- Accordingly, the Intelligence Bureau (IB) was authorized to create a multi-agency centre (MAC) in New Delhi.
- Now functioning 24×7 as the nodal body for sharing intelligence inputs, MAC coordinates with representatives from numerous agencies, different ministries, both central and state.
- Various security agencies share real-time intelligence inputs on the MAC.
- The state offices have been designated as subsidiary MACs (SMACs).
- As many as 28 organisations, including the Research and Analysis Wing (R&AW), armed forces and State police, are part of the platform.
Back2Basics: NATGRID
- NATGRID is an intelligence-sharing network that collates data from the standalone databases of the various agencies and ministries of the Indian government.
- It collects and collates a host of information from government databases including tax and bank account details, credit/debit card transactions, visa and immigration records and itineraries of rail and air travel.
- It came into existence after the 2008 Mumbai attacks.
- It is accessible to only authorized people from 10 security agencies on a case-to-case basis for investigations into suspected cases of terrorism.
- It will also have access to the Crime and Criminal Tracking Network and Systems, a database that links crime information, including First Information Reports, across 14,000 police stations in India.
Note: NATGRID data will be made available to 11 central agencies, which are: Research and Analysis Wing (R&AW), Intelligence Bureau (IB), National Investigation Agency (NIA), Central Bureau of Investigation (CBI), Narcotics Control Bureau (NCB), Financial Intelligence Unit (FIU), Enforcement Directorate (ED), Central Board of Direct Taxes (CBDT), Central Board of Indirect Taxes and Customs (CBIC), Directorate of Revenue Intelligence (DRI) and Directorate General of GST Intelligence.
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Terrorism and Challenges Related To It
UAPA enacts process as punishment
Context
Application of the UAPA in certain cases has caused concerns regarding its alleged “misuse”, and the rational answer would be to find ways to check “misuse”.
Issues with UAPA
- The police often use Section 13 in conjunction with other sections of the law.
- Vague and undefined terms: Besides the usual inventory of well-defined verbs in S.13(1), such as “commits”, “advocates”, “abets”, “advises”, “incites” or “takes part”, there is S.13(2) which reads: “Whoever, in any way, assists any unlawful activity of any association declared unlawful… shall be punished.”
- What does “in any way” mean? S.2(o), which defines “unlawful activity” does so in even more vague terms, as anything done by a person, whether as an act, or words, verbally, through signs or otherwise.
- What does “otherwise” mean? Likewise, S.39 criminalises support to a terrorist organisation, where “support” is not even defined!
- Wide and arbitrary powers: The semantic slippages are politically convenient as the UAPA vests extremely wide and arbitrary powers in the government to label something an “unlawful activity”.
- The political “use” of UAPA is scripted into the law itself, and the question of “misuse” does not arise.
- Application of UAPA triggers a host of draconian procedures effectively barring bail, reversing burden of proof.
Conclusion
The conviction rate of 2.2 per cent testifies to how the UAPA enacts the process as punishment. It is time for political parties to eschew their blinkered approach and make an effort to repeal this unlawful law.
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Terrorism and Challenges Related To It
Pakistan, Turkey on FATF greylist
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Globar terror financing
The Financial Action Task Force (FATF) kept Pakistan on the grey list yet again since 2018. The FATF also announced the ‘greylisting’ of Jordan, Mali and Turkey.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India and FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
- The EAG (Eurasian Group) is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
What is the role of FATF?
- Watchdog on terror financing: The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- Recommendation against financial crimes: The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Trade sanctions: Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
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Terrorism and Challenges Related To It
National Intelligence Grid (NATGRID)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : NATGRID
Mains level : Not Much
The PM is soon expected to launch the National Intelligence Grid or NATGRID that aims to provide cutting-edge technology to enhance India’s counter-terror capabilities.
What is NATGRID?
- NATGRID is an intelligence sharing network that collates data from the standalone databases of the various agencies and ministries of the Indian government.
- It is a counter terrorism measure that collects and collates a host of information from government databases including tax and bank account details, credit/debit card transactions, visa and immigration records and itineraries of rail and air travel.
- It will also have access to the Crime and Criminal Tracking Network and Systems, a database that links crime information, including First Information Reports, across 14,000 police stations in India.
- As of 2019, NATGRID is headed by an Indian Police Service (IPS) officer Ashish Gupta.
Its establishment
- The 26/11 terrorist siege in Mumbai back in 2008 exposed the deficiency that security agencies had no mechanism to look for vital information on a real-time basis.
Access to NATGRID
- Prominent federal agencies of the country have been authorized to access the NATGRID database.
- They are the:
- Central Bureau of Investigation
- Directorate of Revenue Intelligence,
- Enforcement Directorate
- Central Board of Indirect Taxes and Customs
- Central Board of Direct Taxes (for the Income Tax Department)
- Cabinet Secretariat
- Intelligence Bureau
- Directorate General of GST Intelligence
- Narcotics Control Bureau
- Financial Intelligence Unit, and
- National Investigation Agency
Future prospects
- According to the first phase plan, 10 user agencies and 21 service providers will be connected with the NATGRID, while in later phases, about 950 additional organizations will be brought on board.
- In the following years, more than 1,000 organizations will be further integrated into the NATGRID.
- These data sources include records related to immigration entry and exit, banking and financial transactions, and telecommunications.
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Terrorism and Challenges Related To It
Two decades of 9/11
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Not much
Mains level : US and the global war on terror
Twenty years later, the 9/11 terror attacks look a lot less epochal than they seemed in the heat of the moment.
Why was 9-11 a major breakthrough?
- One major inference in the wake of 9/11 was about the power of non-state actors — demonstrated by al Qaeda’s massive surprise attack on the world’s lone superpower at its zenith.
- Al Qaeda’s rise seemed to fit in with the age of economic globalization and the internet, which heralded the weakening of the state system and the arrival of a borderless world.
- Two decades later, though, the system of nation-states looks quite robust after enduring the challenge from international terrorism.
Implications of the attack
- The state system adapted quickly to the disruptions created by 9/11.
- There was much anxiety about terror groups gaining access to weapons of mass destruction or leveraging new digital technologies to increase their power over states.
- The state system has succeeded in keeping nuclear weapons and material away from terrorists.
- It has also become adept at using digital tools to counter extremism.
- If 9/11 made air travel risky, the states quickly developed protocols to de-risk it.
Humiliating end for the US everywhere
- Marking the 20th anniversary of 9/11 days after the humiliating US retreat from Kabul and domestic turmoil might suggest that Al-Qaeda and its associates did succeed in ending America’s unipolar moment.
- The choice of targets in the 9/11 attacks — the World Trade Center and the Pentagon — was not accidental.
- They were designed to strike at the very heart of American capitalism and its famed military power.
- American capitalism met its greatest threat not in 2001 but in the 2008 financial crisis that was triggered by the reckless ideology of deregulation.
- America lost in Afghanistan and the Middle East because it over-determined the terror threat and put security approaches above political common sense.
Today’s agenda for terror
- And the ambition of the jihadists — who organized the 9/11 attacks, to destroy America has risen to a higher extent:
- To overthrow the Arab regimes
- Unleash a war with Israel
- Pit the believers against the infidels
- To be sure, terrorist organizations and the religious extremism that inspires them to continue to be of concern.
Age of ideological warfare
- Sectarian schisms, ideological cleavages, internecine warfare, and the messiness of the real world have cooled the revolutionary ardor that the world was so afraid of after 9/11.
- In the battle between states and non-states, the former have accumulated extraordinary powers in the name of fighting the latter.
- All nations, including liberal democracies, have curtailed individual liberty by offering greater security against terrorism.
- Abuse of state power has inevitably followed.
Security narratives by the US since then
- After 9/11, President George W Bush turned his attention to confronting an imagined “global axis of evil” — Iran, Iraq, and North Korea.
- None of the three countries was involved in 9/11.
- And the US rewarded Pakistan with billions of dollars in military and economic assistance that actively nurtured the Taliban and succeeded in bleeding and defeating the US in Afghanistan.
Threats earned by the US
- This blinded the US to an emerging challenger — China — on the horizon. Washington’s obsession with the Middle East gave Beijing two valuable decades to consolidate its rise without any hindrance.
- Although America’s unipolar moment may have ended, the US will continue to remain the most powerful nation in the world, with the greatest capacity to shape the international system.
What about the jihadist agenda for the Middle East?
- The Islamist effort to destroy the Gulf kingdoms spluttered quite quickly as the Arab monarchs cracked down hard on the jihadi groups.
- Many Arab states do not see al Qaeda and its offshoots as existential threats.
- They worry more about other Muslim states like Turkey, Qatar, and Iran that seek to leverage Islam for geopolitical purposes.
- These fears have pushed smaller Gulf kingdoms towards Israel and shattered the jihadi hope to trigger the final Islamic assault on the Jewish state.
- Developments in China and Pakistan reinforce the proposition that politics among nation-states is more significant than the power of the transcendental religious forces.
How did India Respond?
- India has been facing the problem of Pakistan-sponsored terrorism since 1989. Unfortunately, the USA and the UK sided with Pakistan during this time.
- However, this changed after India’s 2nd nuclear test and the 9/11 attack in the USA. Though the USA continued to rely on Pakistan, it considered Pakistan as an unreliable partner. This was further proved when Osama bin Laden was found hiding in Pakistan.
- Indian response to terror attacks had been that of “strategic restraint”.
- It was limited to diplomatic actions. This was evident in attacks on the Indian Parliament (December 2001) and the Kaluchak massacre (May 2002).
- However, now we witness that India has adopted a policy of imposing costs on Pakistan by striking across the border, e.g. Balalkot airstrikes.
- This capacity of India has been built over its strong economy and strong global linkages. Despite the economic disaster of 1991, India emerged stronger after LPG reforms.
Conclusion
- The trans-national nature of the new terror groups is now countered by better border controls and greater international cooperation on law enforcement.
- However, in the subcontinent, as elsewhere, violent religious extremism thrives only under state patronage.
- The answers to the challenges presented by the return of the Taliban and the likely resurgence of jihadi terrorism are not in the religious domain but in changing the geopolitical calculus of Pakistan’s deep state.
B2BASICS
Violent Non-state actors
- In international relations, violent non-state actors (VNSA), also known as non-state armed actors or non-state armed groups (NSAGs), are individuals and groups that are wholly or partly independent of governments and which threaten or use violence to achieve their goals.
- VNSAs vary widely in their goals, size, and methods. They may include narcotics cartels, popular liberation movements, religious and ideological organizations, corporations (e.g. private military contractors), self-defence militia, and paramilitary groups established by state governments to further their interests.
Terrorism and Challenges Related To It
Pakistan to remain on FATF ‘Greylist’
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Money laundering and terror financing
The Financial Action Task Force (FATF) has decided to retain Pakistan on the “greylist” till the next review of its performance.
Practice question for mains:
Q.What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership. On June 25, 2010, India was taken in as the 34th country member of FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Terrorism and Challenges Related To It
Unlawful Activities Prevention Act (UAPA)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA
Mains level : UAPA
The Centre has designated 18 key operatives and leaders of extremists groups as individual terrorists under the recently-amended Unlawful Activities Prevention Act (UAPA).
Try this question for mains:
Q.“Anti-terror laws should not be used as a tool to silence the critics of the government.” Discuss in context to the recent amendments to the Unlawful Activities Prevention Act (UAPA).
About UAPA
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Recent amendments
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
Terrorism and Challenges Related To It
Security implications of Doha Accord for India
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Doha Accord
Mains level : Paper 3- Threat of terrorism
We have been spared of some unfortunate news of terrorist attacks in the recent past, however, it would be mistake to discount the threat posed by the terrorist organisations especially when we consider the backdrop of Doha Accord. The article deals with the threat of terrorism.
Declining support
- Terrorist organisations like Taliban, al-Qaeda, Islamic State, Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) have been dormant during a pandemic.
- This is partly explained by the fact that open terror attacks have been reducing, presumably because:
- 1) Terror outfits lack resources.
- 2) Because of temporary loss of support from those normally hostile to the non-Islamic world and tolerant Muslims.
- However, given their past resilience, they continue to pose threats to modern society, especially to India and its neighbourhood.
But threat persists
- These terrorist organisations continue to be attractive to misguided youth in India whose loyalties are extraterritorial.
- Their numbers may not be formidable, but they can cause a ripple effect that cannot be underestimated.
- Terrorist cells are probably engaged in the quiet process of collecting resources for future lethal assaults against India and other countries in the neighbourhood.
- Once the pandemic eases, we may see a resurgence of terror.
- The aggravation of poverty in developing nations due to COVID-19 could offer a fertile ground for recruitment.
- The al-Qaeda and the Islamic State are carrying out their recruitment undiminished by the problems posed by the pandemic.
- Only these two outfits have an impressive global reach backed by global ambitions.
What are the implications of Doha Accord?
- The Doha Accord signed this year between the Taliban and the U.S., which has brought about an improved relationship between the two.
- The U.S. has agreed to a near-total withdrawal of its troops in return for the Taliban’s promise to preserve peace in Afghanistan.
- The Taliban and the al-Qaeda need each other in many areas.
- Both are friendly towards Pakistan and could pose a problem or two to India in the near future.
- Many recent raids by the National Investigation Agency point to an al-Qaeda network in India.
- Once the situation gets better, the al-Qaeda, in cahoots with other aggressive Islamic outfits in and around Pakistan, is bound to escalate the offensive against India.
- This is one factor that makes the al-Qaeda and other terror outfits still relevant to India’s security calculus.
Consider the question “What are the implications of Doha Acord for India’s security architecture?”
Conclusion
The threat posed by the changing geopolitical landscape is bound to increase in the coming days and hence India should prepare itself to tackle the challenge.
Terrorism and Challenges Related To It
Pakistan likely to remain on FATF Greylist
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Money laundering and terror financing
Pakistan is unlikely to exit the Financial Action Task Force (FATF’s) greylist with this plenary session as well.
Practice question for mains:
Q.What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
Why is Pakistan under its scanner?
- Pakistan has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
- In June 2018, Pakistan gave a high-level political commitment to work with the FATF and APG to strengthen its AML/CFT regime, and to address its strategic counter-terrorism financing-related deficiencies.
- Pakistan and the FATF then agreed on the monitoring of 27 indicators under a 10-point action plan, with specific deadlines.
- The understanding was that the successful implementation of the action plan, and its physical verification by the APG, would lead the FATF to move Pakistan out of the Grey List.
- However, Islamabad managed to satisfy the global watchdog over just five of them.
B2BASICS
What are the Black List and Grey List of the FATF?
FATF has 2 types of lists;
1. Black List
2. Grey List
1. Meaning of Black List: Only those countries are included in this list that FATF considers as uncooperative tax havens for terror funding. These countries are known as Non-Cooperative Countries or Territories (NCCTs). In other words; countries that are supporting terror funding and money laundering activities are placed in the Blacklist.
The FATF blacklist or OECD blacklist has been issued by the Financial Action Task Force since 2000 and lists countries which it judges to be non-cooperative in the global fight against money laundering and terror funding.
The FATF updates the blacklist regularly, adding or deleting entries.
(This map shows the countries included in the Greylist)
2. Meaning of Grey List: Those countries which are not considered as the safe heaven for supporting terror funding and money laundering; included in this list. The inclusion in this list is not as severe as blacklisted.
Now Grey list is a warning given to the country that it might come in Black list (Just like a yellow card in a football match). If a country is unable to curb mushrooming of terror funding and money laundering; it is shifted from grey list to black list by the FATF.
Terrorism and Challenges Related To It
Back in news: Financial Action Task Force (FATF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Money laundering and terror financing
Ahead of the crucial FATF meetings in October, Indian agencies plan to highlight its inaction in the Pulwama, 26/11 Mumbai attack and Daniel Pearl murder cases.
Practice question for mains:
Q.What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
Why is Pakistan under its scanner?
- Pakistan has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
- In June 2018, Pakistan gave a high-level political commitment to work with the FATF and APG to strengthen its AML/CFT regime, and to address its strategic counter-terrorism financing-related deficiencies.
- Pakistan and the FATF then agreed on the monitoring of 27 indicators under a 10-point action plan, with specific deadlines.
- The understanding was that the successful implementation of the action plan, and its physical verification by the APG, would lead the FATF to move Pakistan out of the Grey List.
- However, Islamabad managed to satisfy the global watchdog over just five of them.
Terrorism and Challenges Related To It
Financial Action Task Force (FATF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Money laundering and terror financing
Indian officials attended the virtual 32nd special Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG) plenary meeting, under the aegis of the FATF.
Practice question for mains:
Q. What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership. On June 25, 2010, India was taken in as the 34th country member of FATF.
EAG of FATF
- The EAG is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
- It is an associate member of the FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Terrorism and Challenges Related To It
What is Antifa Movement?
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Antifa
Mains level : Racial antagonism across the world
As massive protests following the death of a person in racial discrimination continued to rock the US, President Donald Trump has announced that the alleged far-left group Antifa would be designated as a terrorist organisation by his government.
One can expect a similar prelims question:
Q. The Antifa movement recently seen in news is an: Free trade movement/Anti-terror movement etc.
Why the US seeks to ban Antifa?
- Trump has blamed for the protests that have convulsed cities across the US,
- Antifa is considered the loosely affiliated group of far-left anti-fascist activists.
Antifa: The group
- Antifa is an acronym for ‘Anti-Fascist’. It is not an organisation with a leader nor does it have a defined structure or membership roles.
- Antifa has been around for several decades, though accounts vary on its exact beginnings.
- The term dates the term as far back as Nazi Germany, describing the etymology of ‘Antifa’ as “borrowed from German Antifa, short for antifaschistische ‘anti-fascist’.
- Rather, Antifa is more of a movement of activists whose followers share a philosophy and tactics.
- They have made their presence known at protests, including the “Unite the Right” rally in Charlottesville, Virginia, in 2017.
Its members
- It is impossible to know how many people count themselves as members.
- Its followers acknowledge that the movement is secretive, has no official leaders and is organised into autonomous local cells.
- It is also only one in a constellation of activist movements that have come together in the past few years to oppose the far right.
- Antifa members campaign against actions they view as authoritarian, homophobic, racist or xenophobic.
Activism over years
- Antifa members typically dress in black and often wear a mask at their demonstrations, and follow far-left ideologies such as anti-capitalism.
- The movement has been known to have a presence in the US in the 1980s.
- It shot into prominence following the election of President Trump in 2016, with violence marking some of its protests and demonstrations.
- Criticizing mainstream liberal politicians for not doing enough, Antifa members have often physically confronted their conservative opponents on the streets.
- The group also participates in non-violent protests. Apart from public counter-protests, Antifa members run websites that track white extremist and ultra-right groups.
Criticisms
- The movement has been widely criticised among the mainstream left and right.
- Conservative publications and politicians routinely rail against supporters of Antifa, who they say are seeking to shut down peaceful expression of conservative views.
Terrorism and Challenges Related To It
Terrorism and its ideologies
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Not much.
Mains level : Paper 3- Terrorism and related issues
Pakistan is a unique country in the sense that it is both a victim and the perpetrator of terrorism. This article explains the situations which made Pakistan home to the terrorism. So, why some terrorist organisations turned against Pakistan? What are the ideologies followed by various terrorist organisation and how it makes a difference in their functioning? Read to know…
Terrorism paradox of Pakistan: Both Victim and perpetrator
- This Terrorism paradox can be traced to the deliberate policy of the Pakistani state to create and foster terrorist groups in order to engage in low-intensity warfare with its neighbours.
- Pakistan first operationalised this strategy in regard to Afghanistan in 1973.
- And intensified it with the cooperation of the U.S. and Saudi Arabia after the Marxist coup of 1978 after which USSR entered Afghanistan.
Soviet withdrawal and rise in insurgency in Kashmir
- The Soviet withdrawal in 1989 left the Pakistani military with a large surplus of Islamist fighters that it had trained and armed.
- Islamabad decided to use this “asset” to intensify the insurgency in the Kashmir Valley.
Radicalisation of Pakistani population
- The decade-long Afghan “jihad” in Afghanistan had also radicalised a substantial segment of the Pakistani population.
- Radicalisation was intense in the North-West Frontier Province and Punjab.
- Sectarian divisions were also on the rise not only between Sunnis and Shias but also among various Sunni sects.
- The division was intense between two Sunni sects-the puritanical Deobandis and the more syncretic and Sufi-oriented Barelvis.
- In the process, a number of homegrown terrorist groups emerged that the Pakistan Army co-opted for its use in Kashmir and the rest of India.
- But, it soon became clear that Pakistan had created a set of Frankenstein’s monsters some of whom turned against their creator.
- The Musharraf government, under American pressure, decided to collaborate with the latter in the overthrow of the Taliban regime in Afghanistan.
- This resulted in some of the terrorist organisation turning against Pakistan.
Monsters who don’t spare even its creator
- The Tehreek-e-Taliban Pakistan (TTP), which has ideological affinity with the Afghan Taliban.
- The TTP and its affiliates have fought pitched battles with the Pakistan Army in the Federally-Administered Tribal Areas (FATA) and parts of the NWFP.
- Also, the Jaish-e-Mohammad (JeM) has not hesitated to launch terrorist attacks on targets within Pakistan as well, especially against the Shias and Sufi shrines.
Did all terrorist organisation turn against Pakistan?
- No!
- Consider the case of ‘loyalist’ LeT.
- Lashkar-e-Taiba (LeT), is a classic example of a “loyalist” terrorist organisation that has played by the rules set by the Pakistani military.
- It only launches attacks on targets outside Pakistan, primarily in India.
- As the evidence in the case of the Mumbai carnage of 2008 clearly indicates LeT operations are coordinated with the Inter-Services Intelligence (ISI).
- ISI provides it with intelligence and logistical support in addition to identifying specific targets.
- This is why the LeT and its front organisations have continued to receive the military’s patronage and unstinting support.
- Consequently, its leader, Hafiz Saeed, was until recently provided protection by the Pakistani state.
Ideological differences
- Both the LeT and the Jaish-e-Mohammed (JeM) have been engaged in attacks on Indian targets identified by Pakistan’s ISI.
- The difference between LeT and JeM lies in the fact that while the LeT is more pragmatic and less ideological.
- The JeM is highly ideological and sectarian.
- JeM draws its ideological inspiration from a very extreme form of Deobandi puritanism.
- That extreme form considers all those who do not believe in its philosophy beyond the pale of Islam.
- For many JeM diehards, these include not only Shias and Barelvis but also the Pakistani state and the Pakistani military.
- LeT on the other hand does not consider Muslims of different theological orientations as non-believers and therefore legitimate targets of attack.
- This relatively “liberal” interpretation is related to the fact that LeT draws its ideological inspiration from the sect called the Ahl-e-Hadis, which composes only a small proportion of Pakistan’s Muslim population and cannot afford to engage in sectarian conflict.
- Moreover, it draws its membership from different Muslim sects including the Sufi-oriented Barelvis and the puritanical Deobandis.
- Both these factors drive LeT toward greater tolerance in sectarian terms and to eschew intra-Islamic theological battles.
- Its primary goals are political; above all, driving India out of Kashmir.
- This jells well with the objectives of the Pakistani military and makes LeT and Hafiz Saeed, favourites of the Pakistani establishment.
Consider the question asked by UPSC in 2017-“The scourge of terrorism is a grave challenge to national security. What solution do you suggest to curb this growing menace? What are the major sources of terrorist funding?
Conclusion
The fact that using terrorist outfits for state objectives is a highly risky business whose blowback cannot be predicted and can have very negative consequences for the stability of the state itself.
Terrorism and Challenges Related To It
The Resistance Front (TRF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level : UAPA
Mains level : ‘The Resistance Front’
(Image Source: The Economic Times)
A newly floated outfit, the Resistance Front, has come under the scanner of enforcement agencies for its suspected links with the banned Lashkar-e-Taiba (LeT).
This is a very significant development with respect to India’s concern against terrorism. Terrorism and the terror outfits are increasingly becoming more institutionalized and ‘the Resistance Front’ is an another move towards it.
‘The Resistance Front’
- TRF, which is owning up terror attacks in Kashmir these days, is an offshoot of the terrorist group Lashkar-e-Taiba and is also associated with other terror outfits such as Hizbul Mujahideen, Jaish-e-Mohammed.
- Various reports claim that after the abrogation of Article 370 in J&K, Pakistan decided to increase the terror activities in the Valley.
- However, facing international pressure and to protect itself from being blacklisted by the Financial Action Task Force (FATF), Pakistan decided to launch a new terror group with a new identity.
- Various Indian security agencies operating in Kashmir feel that the ‘TRF’ was formed due to the pressure on Pakistan from the FATF to cut down on the funding of the terrorist groups.
A new strategy justifying terrorism
- The word ‘resistance’ has been used by Pakistan and the Inter-Services Intelligence (ISI) to put in place a new strategy for supporting terrorism against India.
- Pakistan’s plan is to rebrand the terrorists operating under the umbrella of JeM, LeT and Hizbul as “non-religious” rebellion.
- Pakistan wants to project Kashmiri terrorism as a resistance movement by Kashmiris. So far Hizbul and LeT have come under TRF’s umbrella.
Must read:
Back2Basics: What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the Organisation for Economic Co-operation and Development (OECD) headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
Terrorism and Challenges Related To It
Global Terrorism Index (GTI) 2019
Note4Students
From UPSC perspective, the following things are important :
Prelims level : Not Much
Mains level : Need for a global consensus on Terrorism
A report compiled by NITI Aayog has questioned the methodology adopted by an Australian based institute to rank India as the seventh-worst terrorism affected country.
Despite of being a global threat, there is yet no consensus on the definition of terrorism. Despite the considerable discussion, the formation of a comprehensive convention against international terrorism by the United Nations has always been impeded by the lack of consensus on a definition.
Global Terrorism Index (GTI)
- GTI is a report published annually by the Institute for Economics and Peace (IEP).
- The index provides a comprehensive summary of the key global trends and patterns in terrorism since 2000.
- It produces a composite score in order to provide an ordinal ranking of countries on the impact of terrorism.
- It is an attempt to systematically rank the nations of the world according to terrorist activity.
- The index combines a number of factors associated with terrorist attacks to build an explicit picture of the impact of terrorism, illustrating trends, and providing a data series for analysis by researchers and policymakers.
Its database
- The GTI is based on data from the Global Terrorism Database (GTD).
- The GTD is collected and collated by the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland.
- It has codified over 190,000 cases of terrorism.
- The GTI covers 163 countries, covering 99.7% of the world’s population.
India’s ranking
- India has moved to the seventh position from the previous years eighth in the annual Global Terrorism Index (GTI) 2019.
- India has ranked ahead of conflict-ridden countries such as the Democratic Republic of Congo, South Sudan, Sudan, Burkina Faso, Palestine and Lebanon.
Why such ranking matters?
- The positioning in the global indices impacted investments and other opportunities.
- The purpose was to see which of the indices can be used to drive reforms or which of these would require some amount of engagement with the publishing agency to make the indices more relevant.
Issues with GTI
- The GTD was based solely on “unclassified media articles, with more than 100 structured variables such as each attack’s location, tactics and weapons, perpetrators, casualties and consequences etc.
- The large diversity in definitions of terrorism amongst countries, and the lack of a universally accepted definition of terrorism, leads to a great deal of ambiguity in calculating and understanding GTI reports.
- IEP’s economic impact of terrorism model does not account for costs for countering violent extremism and long-term economic impacts on business activity, production and investment.
- Indeed, the GTI 2019 report itself states that a great majority of property damage values from terrorist incidents are coded in the GTD as ‘unknown,’ resulting in 1 out 4 parameters scoring nil for most countries.
- Similarly, the definition of mass shootings used in the GTI is limited to ‘indiscriminate rampages in public places resulting in four or more victims killed by the attacker,’ leaving out lone-wolf attacks.
Highly irrelevant data
- The absence of a robust data collection and analysis methodology, and any engagement with Governments facing the scourge of terrorism, means that the GTI has low direct value for policymakers.
- It cannot be used as an aid to understand and alleviate challenges to countries from domestic and cross border terrorism.
Terrorism and Challenges Related To It
Conviction of Hafiz Saeed
Note4Students
From UPSC perspective, the following things are important :
Prelims level : FATF
Mains level : Terror funding
The Lashkar-e-Taiba founder (LeT) and Jamat-ud Dawa (JuD) chief Hafiz Saeed was convicted by a Pakistan court in two terror-financing cases and sentenced to five-and-a-half years in prison concurrently.
Why such move?
- With pressure from the international community building up, Pakistan has been trying to convince the Financial Action Task Force (FATF) to prevent it getting blacklisted.
- Saeed’s conviction is perhaps a reflection of Pakistan’s changing approach towards its treatment of terror groups, given the FATF’s actions and warnings.
Who is Hafiz Saeed?
- Hafiz Saeed is the founder and leader of the fundamentalist terrorist organisation Lashkar-e-Taiba (LeT), which is a group that follows an extreme interpretation of religious texts.
- It was founded in 1990 and its goals include conducting jihad, preaching the true religion and training the new generation along true religious lines.
- Some of its goals are aligned with that of Pakistan, including the liberation of Kashmir from India.
Why his conviction matters?
- Saeed is also the mastermind of the 2008 Mumbai terrorist attacks.
- Other attacks that LeT has been involved in include the 2001 shootout at Parliament House in New Delhi, and, most recently, the 2016 attack on the military headquarters in Uri.
- In 2012, in order to support India in its attempt to extradite Saeed, the US State Department offered a bounty of up to $10 million for information that could lead to his arrest or conviction.
- Moreover, the US Department of the Treasury has marked Saeed as a Specially Designated Global Terrorist since 2012.
- ISI and the Pakistani government too help the LeT bring in funds, and it is believed to have fund-raising offices in Bangladesh, Nepal, Maldives and the Gulf region.
A shield against FATF actions
- The FATF placed Pakistan in the grey list in July 2018 nonetheless.
- Before Saeed’s arrest, the FATF had warned Pakistan to deliver on its commitments to curb terror financing. Pakistan feared being a part of FATF’s “Grey List”.
- Significantly, if Pakistan did not follow up on FATF’s warnings, it could potentially be downgraded to the Black List, which would make things more difficult for the country.
- FATF is de facto run by the US Treasury Department.