Anne McEwen (SA, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of Senator Marshall, I present the report of the Parliamentary Joint Committee on Intelligence and Security, Review of the re-listing of Ansar al-Islam, AAA, IAA, IMU, JeM and LeJ as terrorist organisations.

Ordered that the report be printed.

by leave—I move:

That the Senate take note of the report.

I seek leave to have my tabling statement incorporated in Hansard.

Leave granted.

The statement read as follows—

PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY

REVIEW OF THE RELISTING OF Ansar al-Islam, Asbat al-Ansar (AAA), Islamic Army of Aden (IAA), Islamic Movement of Uzbekistan, Jaish-e-Mohammad (JeM), Lashkar-e Jhangvi (LeJ)

Senator Gavin Marshall MP

CANBERRA  -  XX June 2009

Mr President, on behalf of the Parliamentary Joint Committee on Intelligence and Security I have pleasure in presenting the Committee’s report entitled Review of the re-listing of Ansar al-Islam, AAA, IAA, IMU, JeM and LeJ as terrorist organisations.

Mr President, this report has departed from the usual format of terrorist proscription reports. It has done so because the Committee has sought some improvements to the way in which statements of reasons are drafted. The Committee recommends that in future the Attorney-General provide the Committee with a statement of reasons where a decision is taken not to re-list an organisation similar to that now supplied when an organisation is listed.

Mr President, there is no requirement for the Attorney-General to provide the Committee with detailed reasons when he decides not to re-list an organisation. The Committee, however, feels that it would be useful if, where the Attorney-General has decided he will not be re-listing an organisation as a terrorist organisation under the Criminal Code, a statement of reasons explaining his decision is provided to the Committee and that there also be a publicly released statement of reasons.

On the subject of decisions not to re-list the Committee was advised that the Attorney-General recently considered advice from the Director-General of Security with respect to the Egyptian Islamic Jihad (EIJ). Based on this advice he stated he would not be re-listing EIJ as a terrorist organisation under the Criminal Code after the current listing expired on 30 March 2009.

Mr President I now turn to requested improvements to the statements of reasons.

The Committee in this Parliament and earlier Parliaments has taken the view that non-statutory guidelines used by ASIO are useful tools in evaluating the evidence supporting a listing or re-listing. The Committee believes it would be helpful in its role if the statements of reasons be written in a way that directly links the evidence with ASIO’s guidelines.

This approach would also better inform public understanding of the listing process and outcomes.

The Committee has also requested that future statements of reasons be drafted, at least in part, in such a way that the information is directly referrable to the statutory criteria for listing contained within the Criminal Code.

Mr President, to turn to the current regulations, they were signed by the Governor-General on 13 March 2009. They were then tabled in the House of Representatives and the Senate on 17 March 2009. 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 the Parliament by today, Monday 15 June 2009.

Notice of the inquiry was placed on the Committee’s website. One submission was received from a public organisation. Representatives of the Federation of Community Legal Centres (Vic) Inc, the Attorney-General’s Department and ASIO attended a private hearing on the listings.

Mr President I will now 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 six organisations.

Ansar al-Islam

Ansar al-Islam’s immediate objectives are to overthrow the Iraqi Government, expel Coalition forces from the country and establish a Sunni Islamic state administered under Shariah law.

The last terrorist act Ansar al-Islam was involved in was an attack on a Peshmerga barracks, reportedly killing 19 people and destroying two vehicles on 13 August 2008.

The Committee does not recommend disallowance of the regulation in relation to Ansar al-Islam.

Asbat al-Ansar (AAA)

Asbat al Ansar’s objectives are to establish a Sunni Islamic state in Lebanon by overthrowing the Lebanese government, eliminating Israel and impeding anti-Islamic and pro-Western influences in Lebanon. The group believes its struggle justifies violence against civilians. The group’s strategy in seeking its objectives includes the use of terrorist tactics.

AAA remains focused on supporting jihad in Iraq and planning attacks against Lebanese security forces, and Western interests.

The Committee does not recommend disallowance of the regulation in relation to the AAA.

Islamic Army of Aden (IAA)

The Islamic Army of Aden is a Sunni Islamic extremist group that first came to public prominence in 1998 when it issued statements detailing its intention to overthrow the Yemeni government and implement Sharia law; and called for operations against Western interests in Yemen.

In March/April members of the group suspected of planning to travel to Iraq to fight foreign forces were arrested.

The Committee does not recommend disallowance of the regulation in relation to the IAA.

Islamic Movement of Uzbekistan

The Islamic Movement of Uzbekistan’s current stated goal is to establish an Islamic caliphate in Turkestan, stretching from the Caspian Sea to China’s Xinjiang Province and encompassing the current Central Asian nations.

The IMU is now fighting in support of the Taliban and other Islamic groups against the Afghan government and international military forces in Afghanistan.

The Committee does not recommend disallowance of the regulation in relation to the IMU.

Jaish-e-Mohammad (JeM)

Jaish-e-Mohammed is a Sunni Islamic extremist organisation based in Pakistan

Jaish e Mohammed is a group that uses violence in pursuit of its stated objective of uniting Indian Administered Kashmir with Pakistan under a radical interpretation of Islamic law, as well as the eradication of Hindu and other non-Muslim presence on the sub-continent. The group actively promotes jihad against the US and other nations for perceived violations of Muslim rights. Reporting continues to suggest that JeM remains operational and is continuing to recruit and train new members as well as plan attacks.

The Committee does not recommend disallowance of the regulation in relation to JeM.

Lashkar-e Jhangvi (LeJ)

Lashkar-e Jhangvi (LeJ) is a Sunni Deobandi Islamic terrorist group. LeJ’s goals are to establish an Islamic Sunni state in Pakistan based on Sharia law, through the use of violence if necessary; to have all Shias declared non-believers; and to eliminate followers of other faiths, especially Jews, Christians, and Hindus.

Recent events confirm LeJ’s continued existence and involvement in terrorist attacks and planning for future attacks. For example on 20 June 2008: two LeJ members were among five men arrested in Lahore who confessed to planning suicide attacks in Lahore and other cities.

The Committee does not recommend disallowance of the regulation in relation to LeJ.

Mr President I would like to take this opportunity to thank my fellow Committee members for their work in reviewing these and other terrorist organisations. Lastly I would like to thank the Secretariat.

Mr President, I commend the report to the Senate.

Senator Gavin Marshall

Parliamentary Joint Committee on Intelligence and Security

XX June 2009

Question agreed to.