Anthony Byrne (Holt, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's report entitled Review of the re-listing of Ansar al-Islam, Islamic Movement of Uzbekistan, Jaish-e-Mohammad and Lashkar-e-Jhangvi.

In accordance with standing order 39(f), the report was made a parliamentary paper.

The current regulations to relist these organisations were signed by the Governor-General on 8 March 2012. They were then tabled in the House of Representatives and the Senate on 13 March 2012. The disallowance period of 15 sitting days for the committee's review of the listing began from the date of the tabling. Therefore, the committee was required to report to this parliament by tomorrow, Tuesday, 29 May 2012.

When the relisting of these four organisations was previously reviewed by the committee in June 2009, the relisting of a fifth organisation, Asbat al-Ansar, was also reviewed. The Attorney-General advised in a letter dated 22 February 2012 that she had decided not to relist this organisation as a terrorist organisation under section 102.1 of the Criminal Code as she was satisfied on reasonable grounds that there was insufficient contemporaneous information from classified and open sources to demonstrate that this organisation satisfied the legislative criteria for proscription under the Criminal Code. I would now like to take this opportunity to outline some brief information on each organisation and I will also outline the committee's findings in relation to each of these four organisations. With respect to Ansar al-Islam, it plans and conducts attacks against foreign forces, and Shiah, Kurdish and Iraqi government interests. AAI's attacks most commonly target US and Iraqi security forces in Iraq, using improvised explosive devices and indirect fire attacks. The statement of reasons lists over 50 attacks for which AAI have indicated responsibility, by posting a video or media statement, in the period since the last review. Their methods have included assassinations, the use of small arms, thermal grenades, and IED and mortar attacks against Iraqi police and military personnel and against US military patrols, bases and vehicles. The committee does not recommend disallowance of the regulation in relation to this organisation.

The Islamic Movement of Uzbekistan is a militant Islamist group based and operating in central and south Asia. The group established relations with the Taliban and al-Qaeda, and allegedly became extensively involved in narcotics trafficking. One of its founders, Namangani, was killed during the US led invasion of Afghanistan in 2001, and the remnants of the IMU fled across the border to the Federally Administered Tribal Areas of Pakistan. Although its capabilities were severely degraded, the following years saw the IMU regroup in the South Waziristan area of the FATA, where it established close links to a number of Pakistani Taliban groups and reportedly participated in cross-border attacks on the International Security Assistance Force in Afghanistan. Notwithstanding increasing pressure from ISAF and Pakistani security forces, reports throughout 2010 indicated that the IMU had re-established an operational presence in northern Afghanistan, and the group also claimed responsibility for a series of attacks in Tajikistan. The committee does not recommend disallowance of the regulation in relation to the IMU.

With respect to the third organisation, Jaish-e-Mohammed, the statement of reasons indicates that the JeM is based in Pakistan and operates primarily in Indian Administered Kashmir. JeM operatives have been involved in attacks against civilian and military targets in Afghanistan, India and Pakistan. JeM attacks have included suicide bombings in 2001 and 2003, with most attacks since that time involving grenades and firearms. JeM continues to concentrate its efforts against Indian security forces, government installations and civilians in the disputed territory of IAK. In addition, JeM has broadened its operational focus to join the Afghan Taliban in attacks against government and coalition forces in Afghanistan. The committee does not recommend disallowance of the regulation in relation to JeM.

With respect to Lashkar-i-Jhangvi, Jane's Terrorism and Insurgency Centre states that LeJ activities have been curbed following the arrest of key leaders and the particular focus of the military and police authorities on the group, resulting in the arrest of hundreds of activists. Following the killing of al-Qaeda leader Osama bin Laden in May 2011, the LeJ vowed to conduct a series of retaliatory attacks. To this end, a spokesman for the LeJ, identifying himself as Ali Sher Haidri, released a statement in mid-May 2011 threatening to avenge bin Laden's death by targeting not only government ministers and security force personnel but also Shiah Muslims from the ethnic Hazara community in Pakistan. The LeJ followed through with these threats with a series of significant attacks in and around Quetta between May and July 2011. The statement of reasons lists 12 acts of terrorism attributed to or suspected of being perpetrated by LeJ. The committee does not recommend disallowance of the regulation in relation to LeJ.

In the time remaining, I would like to take the opportunity to thank my fellow committee members, including the deputy chair, Philip Ruddock, and the secretariat, Jerome Brown, Robert Little, Cathryn Oliff and Jessica Butler for their work in reviewing these and other terrorist organisations. I would also like to make a point about Daryl Melham who served on the committee until March this year, a significant service to a significant committee, which has been noted. (Time expired)

Philip Ruddock (Berowra, Liberal Party) Share this | Link to this | Hansard source

First, I endorse the comments of the chair and thank him for acknowledging our colleague, who is no longer a member of the Parliamentary Joint Standing Committee on Intelligence and Security, and for his comments about the professional staff who assist us. It is very important that committees are well served, particularly in the area of public policy.

It is important to recognise that what we are doing is listing organisations that are undertaking terrorist activity. It has consequences for Australians when organisations are listed as terrorist organisations. It certainly is relevant to the support of such organisations, the membership of them, the financing of them, and it makes the prosecution of those who may be engaged in such activity much easier when organisations have been proscribed.

That has very significant consequences for Australians and it is important that people are aware that organisations, when listed, are the subject of continuing review as to whether or not that should continue. That is what we are about: these four organisations under review were initially listed as terrorist organisations in 2003. It was the case that those legislative arrangements required that organisations be proscribed that had been identified by the United Nations, in particular, as being terrorist organisations. These organisations came up for review under new legislative arrangements passed in 2004, and therefore the committee reviewed the first relisting of these organisations in 2005, in 2007, in 2009 and in 2011. This is the fourth review of these organisations.

Why is it that they have been listed? It is very important to look at the relevant criteria. They have to engage in terrorist activity. They have to have ideology or links to other terrorist organisations and networks. Those links have to be relevant to Australia; there have to be threats to Australian interests. Proscription by the UN or like-minded countries is also a relevant matter. This report deals with the four organisations mentioned.

When you go through the material, it is quite relevant that each of them has had some implications for Australians in Australia or serving abroad. Ansar al-Islam conducts attacks against foreign forces and often uses IEDs. It claimed responsibility for the suicide attack that killed an Australian cameraman, the ABC's Paul Moran in Iraq, in 2003. It regularly releases statements advocating violent jihad. The Islamic Movement in Uzbekistan is a militant group in central and south Asia. It gained a profile in 1999 to 2000 with attacks in Tajikistan and Kyrgyzstan. It is now located in northern Afghanistan and supports the insurgencies in Afghanistan and Pakistan, including attacks on coalition forces, identified particularly in 2010 in Kunduz province. Pakistan based militants Jaish-e-Mohammed, operating in Indian Administered Kashmir, have targeted civilian and military targets in Afghanistan, India and Pakistan, including with suicide bombings, and it supports the insurgencies in Afghanistan and Pakistan which places Australian Defence Force lives at risk. The last organisation, Lashkar-i-Jhangvi, is a significant threat to Shiah, Pakistan and Western government targets. It made a double suicide attack in 2010 that left 44 civilians dead in Pakistan; it vowed retaliation following the death of Osama bin Laden and it conducted significant attacks near Quetta including small arms attacks. It supports the insurgencies in Afghanistan and Pakistan which could put the lives of Australians at risk. It is relevant that these organisations are still engaged in terrorist activity and they ought to be proscribed. (Time expired)

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Time allotted for statements on this report has expired. Does the honourable member for Holt wish to move a motion in connection with the report to enable it to be debated on a future occasion?

Anthony Byrne (Holt, Australian Labor Party) Share this | Link to this | Hansard source

Madam Deputy Speaker, I move:

That the House take note of the report.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

In accordance with standing order 39, the debate is adjourned. The resumption of the debate will be made an order of the day for the next sitting.