NA body adopts Anti-Terrorism (Amendment) Bill, 2018

Legislation seeks proscription of individuals, organisations facing UNSC sanctions

ISLAMABAD - The National Assembly Standing Committee on Interior Wednesday adopted the government-sponsored Anti-Terrorism (Amendment), Bill, 2018 seeking proscription of those individuals and organisations in Pakistan, which are facing sanctions of the United Nations Security Council (UNSC).

The bill seeks amendment in the Anti-Terrorism Act 1997 that determines parameters for proscription of individuals and organisations. The government in February, this year, has already enforced this amendment through promulgation of a Presidential Ordinance and the bill has been sent to the parliament to give a legal cover to the ordinance. The ordinance was promulgated at a time when Pakistan was facing sanctions from Financial Action Task Force — an international watchdog on money laundering and terror financing.

With the passage of the bill from the parliament, Pakistan will have to follow guidelines of the UNSC about those individuals and organisations that are facing sanctions and proscription from the Security Council.

At the start of the meeting chaired by MNA Rana Shamim Ahmed Khan, the members of the two religious parties opposed the bill taking plea that it would be used against the religious parties of the country. Jamiat Ulema-e-Islam-Fazal (JUI-F) MNA Naeema Kishwer and Jamaat-e-Islami (JI) MNA Sher Akbar Khan opposed it, saying the proposed law would perhaps pave the way to hand over some Pakistani individuals to foreign countries. Kishwer said that after the amendment in the law, perhaps Pakistan would get a list from foreign countries to hand over some individuals to them. She cast apprehensions that bill could be used against religious parties and those organisation that were involved in freedom movement of Indian Held Kashmir and also pointed out the name of Jamaatud Dawa (JuD) Chief Hafiz Saeed.

Interior Minister Ahsan Iqbal out rightly rejected the reservations of two lawmakers and said that the committee would send a wrong message to outer world if did not pass the bill with consensus. On the assurance of the minister, the lawmakers belonging to JUI-F and JI also supported the bill. The minister told the committee that Pakistan had no choice but to make an amendment in the anti-terrorism law being a signatory of UN. “We are bound to follow UN Security Council’s decisions,” he said.

An additional secretary of the Ministry of Interior informed the committee that the earlier anti-terrorism bill in Pakistan had a lacuna as it did not ask for proscription of those individuals and organisation which have been proscribed by the UNSC. He said that Pakistan being signatory to the charter of UN would have to bring its anti-terrorism laws at par with the world otherwise the sword of international sanctions would keep on hanging on their heads. He said that existing anti-terrorism law would become at par by making this amendment through the proposed bill.

The statement of objects and reasons of the bill stated that when Anti-Terrorism Act 1997 is invoked against those individuals who are facing sanctions of UNSC, the courts in Pakistan demand evidence of their wrongdoings. In the absence of such strong evidences, designated individuals have been released by courts several times, the statement said adding that: “In the case of UN Security Council Act, 1948, there is no requirement of evidence since they have already designated proscribed by UN Security Council and Pakistan is obliged to take action against them as part of its international obligations.”

The bill seeks amendments in sections 11B and 11EE of the Anti-Terrorism Act 1997 so that federal government can take action against a person or organisation solely based on the resolutions of UN Security Council. Both these sections provide grounds and parameters of proscription.

The committee deferred other three private members’ bills including the Islamabad Birthing Centre and Hospital Maternity Services Bill, 2017; the West Pakistan Maternity Benefit (Amendment) Bill, 2017; the National Database and Registration Authority (Amendment) Bill, 2017.

 

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