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Combatting Terrorism

Genesis and Different types of Terrorism

Terrorists are motivated by different goals and objectives. Depending on the objectives of the group/groups, the nature of terrorism also differs. The major types of terrorist operations commonly identified globally include:

Ethno-Nationalist Terrorism

Terrorism motivated by ethno-nationalist and separatist aspirations became prominent only after the Second World War and dominated the terrorist agenda around the world for more than 50 years until religious terrorism came to occupy the centre stage. Ethnic terrorism can be defined, as deliberate violence by a subnational ethnic group to advance its cause. Such violence usually focuses either on the creation of a separate State or on the elevation of the status of one ethnic group over others. Tamil Nationalist groups in Sri Lanka and insurgent groups in North East India are examples of ethno-nationalist terrorist activities.

2. Religious Terrorism

Present day terrorist activities around the world are motivated largely by religious imperatives. The practitioners of terrorism motivated either in whole or in part by a religious imperative consider violence as a divine duty or a sacramental act. It embraces different means of legitimisation and justification compared to other terrorist groups, and these distinguishing factors make religious terrorism more destructive in nature. Religious terrorism can be initiated by both a minority and a majority religion or sect of a nation.

3. Ideology Oriented Terrorism

Any ideology can be used to support the use of violence and terrorism. Ideology oriented terrorism is generally classified into two: Left-wing and Right-wing terrorism.

A. Left-wing Terrorism- Violence against the ruling elite mostly by the peasant class motivated by what is called leftist ideologies have occurred time and again in history. However, a concrete ideological base for the left and subsequent violent movements was inspired by the writings of Marx and Engels. This was supported by the writings and speeches of later communists like Lenin and Mao Tse-tung (Mao Zedong). Leftist ideologies believe that all the existing social relations and state structures in the capitalist society are exploitative in character and a revolutionary change through violent means is essential. Examples of leftist ideologies that have resorted to the use of terror are numerous. These include; the Red Army Faction or Baader Meinhof Gang in the former West Germany, the Red Brigades in Italy, the 17 November Movement in Greece, the Shining Path of Peru, Peoples Revolutionary Army and the Motoneros of Argentina and the Maoist groups in India and Nepal are the most easily identifiable groups closer home.

B. Right-wing Terrorism- Right-wing groups generally seek to maintain the status-quo or to return to some past situation that they feel should have been conserved. Sometimes groups espousing rightist ideologies might assume ethnic/racist character too. They may force the government to acquire a territory or to intervene to protect the rights of an ‘oppressed’ minority in a neighboring country, (i.e : the Nazi Party in Germany). Violence against migrant communities also comes under this category of terrorist violence. Examples of these are: Nazism in Germany, Fascists in Italy, white supremacy movements in the US known as Ku Klux Klan (KKK), the Green Jackets of Denmark in the 1980s etc.

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4. State-sponsored Terrorism

State-sponsored terrorism or warfare by proxy is as old as the history of military conflict. However, state-sponsored terrorism on a massive scale reappeared in international politics in the 1960s and 1970s, and today along with religious terrorism, state sponsored terrorism has considerably altered the nature of terrorist activities around the world.

In recent times, some countries have embraced terrorism as a deliberate instrument of foreign policy. One distinction of state sponsored terrorism from other forms of terrorist activity is that it is initiated to obtain certain clearly defined foreign policy objectives rather than grabbing media attention or targeting the potential audience. In a cost-benefit analysis, state-sponsored terrorism is the most effective means of terrorism from the perspective of the perpetrator.

State-sponsored terrorism was widely employed in Central Asia in the nineteenth century. Russians supported their fellow Slavs in the Balkans. Bulgaria used the Macedonian revolutionary terrorists against Yugoslavia after World War I. The Western powers under the auspices of the US supported all kinds of nationalist and anti-communist rebels throughout the Cold War. The Soviet Union was no different in its operations during this period. Countries like Iran, Iraq, Sudan, Libya North Korea have been engaged in sponsorship of political violence of different nature in their ‘enemy’ countries. India has been facing this problem from Pakistan since Independence.

5. Narco-terrorism

The term was first used in 1983 by the former President of Peru, Belaunde Terry to describe campaigns by drug traffickers using terrorist methods such as the use of car bombs, assassinations and kidnapping against the anti-narcotics police in Coloumbia and Peru. Though initially used in the context of drug trafficking related terrorism in South America, the term has come to be associated with terrorist groups and activities around the world and more so in the Central and South-East Asia. Narco-terrorism has been defined as `the attempt by narcotics traffickers to influence the policies of the Government by systematic threat or use by violence’. However, it is also possible to view narco-terrorism as a means of terrorism or at any rate as a means of funding terrorism. As the term itself suggests, narco-terrorism combines two criminal activities; drug trafficking and terrorist violence. Narco-terrorism is motivated mainly by economic reasons as it helps the terrorist organizations raise huge sums of money with minimum cost for their activities. Thus the political, ideological, religious and the ethno-nationalist motives generally associated with terrorism are secondary to the economic gains associated with it.

In a survey conducted by the United Nations, links between drug traffickers and terrorist groups were observed in 19 out of 38 countries. These countries include Algeria, Colombia, Comoros, Ecuador, Germany, Guernsey, India, Italy, Japan, Kenya, Kyrgyzstan, Lithuania, Mauritius, Saudi Arabia, Turkey, the United Kingdom, the United States of America, Uzbekistan and Yemen. Major terrorist groups operating on these lines in these countries are: Al Qaeda, the Colombia-based AUC (United Defences of Columbia), ELN (National Liberation Army), Colombia, and FARC (Revolutionary Armed Forces of Colombia), the tri-border Islamic Group in Argentina, Paraguay and Brazil, the Shining Path in Peru, the PKK (Kurdistan Workers Party) in Turkey, IMU (Islamic Movement of Uzbekistan) in Uzbekistan, the Islamic Jihad in Palestine, Hizbollah in Lebanon, and the RIRA (Real Irish Republican Army) in Northern Ireland. Islamist terrorist groups in India supported by the Pakistan ISI are reported to be active in drug trafficking along the Kashmir Valley and also in other parts of the country.

Multi-Pronged Strategy

The Commission is of the view that dealing with the menace of terrorism would require a comprehensive strategy in which different stakeholders – the Government, political parties, security agencies, civil society and media – would have an important role to play. The elements of such a strategy would be:

• Political consensus: Political parties must arrive at a national consensus on the need for the broad contours of such a planned strategy. Based on this national strategy, each of the States and Union Territories should draw up its respective regional strategies, along with the required tactical components for the implementation of the strategy. Just as the Union Government should have intensive interactions with the States and Union Territories while drawing up the national strategy, the latter would be required to do their part in close consultation with the nodal ministry of the Government of India (possibly the Home Ministry). While attempting such a national consensus on an issue of considerable criticality for the nation’s security, integrity an develop-mental thrusts for the most backward regions, it deserves to be borne in mind that the people of our country have a right to expect that our national as well as regional parties will rise above their sectarian and petty electoral compulsions.

• Good governance and socio-economic development: This would necessitate high priority being given to development work and its actual implementation on the ground for which a clean, corruption-free and accountable administration at all levels is an imperative necessity.

• Respect for rule of law: Government agencies must not be allowed to transgress law even in dealing with critical situations caused by insurgency or terrorism. If an extraordinary situation cannot be dealt with by the existing laws, new laws may be enacted so that law enforcement agencies are not provoked or tempted to resort to extra-legal or illegal methods. Police and all other governmental forces must adhere to some basic codes of conduct.

• Countering the subversive activities of terrorists: Government must give priority to defeating political subversions (e.g. by terrorists and Maoists). The emphasis should be on civil as opposed to military measures to counter terrorism and insurgency. Psychological ‘warfare’ or management of information services and the media, in conjunction with the intelligence wing of the police, can play an important role in achieving this objective.

• Providing the appropriate legal framework: Terrorism is an extraordinary crime. The ordinary laws of the land may not be adequate to book a terrorist. This may require special laws and effective enforcement mechanisms, but with sufficient safeguards to prevent its misuse.

• Building capacity: The capacity building exercise should extend to the intelligence gathering machinery, security agencies, civil administration and the society at large. As was highlighted in the Report on Crisis Management, the strategy should encompass preventive, mitigation, relief and rehabilitative measures.

Based on the above, the Second Administrative Reforms Commission has recommended various measures which are summarized below.

Summary of Recommendations

1. Need for a Comprehensive Anti Terrorist Legislation

• A comprehensive and effective legal framework to deal with all aspects of terrorism needs to be enacted. The law should have adequate safeguards to prevent its misuse. The legal provisions to deal with terrorism could be incorporated in a separate chapter in the National Security Act, 1980.

2. Definition of Terrorism

There is need to define more clearly those criminal acts which can be construed as being terrorist in nature. The definition should inter alia deal with the following:

1. use of firearms, explosives or any other lethal substance to cause or likely to cause damage to life and property and essential infrastructure including installations/establishments having military significance.

2. assassination of (including attempt thereof) public functionaries (the intent should be to threaten the integrity, security and sovereignty of India or overawe public functionaries or to terrorise people or sections of people).

3. Detention of any person or threat to kill or injure any person to force the government to act or abstain from acting in a particular manner.

4. Providing/facilitating material support, including finances, for the aforesaid activities.

5. Commission of certain acts or possession of certain arms etc by members or supporters of terrorist organizations which cause or are likely to cause loss of life, injury to a person or damage to any property.

3. Bail Provisions

a. Regarding grant of bail, the law should provide that:

1. Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless the Court gives the Public Prosecutor an opportunity of being heard;

2. Where the Public Prosecutor opposes the bail application of accused to release on bail, no person accused of an offence punishable under this Act or any Rule made thereunder shall be released on bail until the Court is satisfied that there are grounds for believing that the accused is not guilty of committing such offence. (provided that after the expiry of a period of one year from the date of detention of the accused for an offence under this Act, the provisions mentioned above in (i) shall apply).

3. A Review Committee should review the case of all detenus periodically and advise the prosecution about the release of the accused on bail and the prosecution shall be bound by such advice.

4. Period of Detention (Remand) during Investigation

• For terrorist and other related offences, it should be provided that Section 167 of the CrPC shall apply subject to the modification that in sub-section (2), the references to “fifteen days”, “ninety days” and “sixty days”, wherever they occur, shall be construed as references to “thirty days”, “ninety days” and “ninety days” respectively.

5. Confession before a Police Officer

• Confession before the police should be made admissible as recommended in the Report on Public Order. But this should be done only if comprehensive police reforms as suggested by the Commission are carried out. Till such time, confessions should continue to be made before judicial magistrates under Section 164 CrPC.

6. Review Committee

• A statutory Review Committee should be constituted to examine each case registered, within 30 days of its registration. The Review Committee should satisfy itself that a prima facie case has been made out by the investigation agency. This Committee should review each case every quarter.

7. Special Courts

• Provisions for constitution of Special Fast Track Courts exclusively for trial of terrorism related cases may be incorporated in the law on terrorism. Other specific provisions related to such Special Courts may also be incorporated. Such Courts may be set up as and when required.

8. A Federal Agency to Investigate Terrorist Offences

• The Commission would like to reiterate the recommendations made in its Report on ‘Public Order’ on the creation of a specialized Division in the CBI to investigate terror offences.

• It should be ensured that this Division of the CBI is staffed by personnel of proven integrity and who are professionally competent and have developed the required expertise in investigation of terrorism related offences. The autonomy and independence of this agency may be ensured through a laid down procedure of appointment and assured fixed tenure for its personnel.

9. Measures against Financing of Terrorism – Anti-money Laundering Measures.

• The Prevention of Money-laundering Act (PMLA) may be suitably amended at an early date to expand the list of predicate offences to widen its scope and outreach.

• It may be examined whether institutional coordination mechanisms between the Directorate of Enforcement and other intelligence collecting and investigating agencies, could be strengthened and some provisions of the PMLA delegated to them by the Enforcement of Directorate.

• The financial transaction reporting regime under the Financial Intelligence Unit (FIU-IND) may be extended to cover high risk sectors such as real-estate. There is also need to strengthen the capacity of FIU-IND to enable it to meet future challenges.

10. Measures against Financing of Terrorism – Measures to Block the Flow of Funds for Financing Terrorist Activities

• The new legal framework on terrorism may incorporate provisions regarding freezing of assets, funds, bank accounts, deposits, cash etc. when there is reasonable suspicion of their intended use in terrorist activities. Such actions may be undertaken by the investigating officer with the prior approval of a designated authority, subject to adequate safeguards.

• A specialized cell may be created in the proposed National Counter-terrorism Centre drawing upon expertise from the Union Ministries of Finance and Home Affairs and the Cabinet Secretariat for taking concerted action on the financial leads provided from information gathered by various sources. Further, different investigation agencies dealing with financial transactions may set up anti-terrorist finance cells within their organizations to augment the efforts of intelligence agencies involved in counter-terrorism activities.

Questions:

1. What are the Second ARC’s recommendations for dealing with the terrorism ?

2. How a citizen can deal with the terror issues ?Discuss

3. What role can media and civil society play in curbing the terrorist threats ?

(With inputs from Second Administrative Reforms Commission)

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