Terrorism Threat In South Asia And Its Implications International Law Essay - Free Essay Example

Sample details Pages: 9 Words: 2652 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Almost no week goes by when in India innocent lives are not lost to terrorist attacks. The horrific terrorist attack on Mumbai in November 2008 has underscored the nature of the terrorist threat in South Asia. The spread of terrorism in South Asian region has been rampant over the last few decades. Don’t waste time! Our writers will create an original "Terrorism Threat In South Asia And Its Implications International Law Essay" essay for you Create order While India battles with the terrorism in Jammu and Kashmir to insurgency in North East and the Maoist attacks in central India the others in the region are not left untouched. For eg Nepal has seen the spread of Maoists beyond control, Sri Lanka faced the worst kind of insurgency and finally overcame but at a huge cost to human lives, while Pakistan, which encouraged increased fundamentalism and militancy in the tribal areas, is now becoming a target of its homegrown terrorist movements.  [1]  The list of heinous terrorist attacks in different countries of the region is endless while the region is turning into the breeding ground for terrorist due to poverty, poor governance and geopolitical tensions which are peculiar to the region. Therefore it is imperative to tackle the problem at the regional level in order to find any lasting solution to the problem. Diverse Categories of Terrorist Groups. South Asia has been a victim of violence perpetrated by a myriad of groups with d iverse objectives and varied ideologies, which can be categorized as under  [2]  :- Nationalists. These are those motivated by nationalist ideologies. The most prominent of these have been ones focused on the political future of Kashmir in India.  [3]  Most of the violence can be attributed to three groups, viz, Hizbul Mujahideen, Lashkar-e-Toiba (LeT), and Jaish-e-Mohammad (JEM). Of the three, the latter two, LeT and JEM draw most of their recruits from Pakistan. Religious Extremists  [4]  . The main geographical area in which this is prevalent is the Afghan-Pakistan border. Al Qaida which continues to threaten the peace and stability in the world at large is believed conducting its activities through this region. Although the core centre of religious extremism is pointed at Pakistan and Afghanistan by the world community but it spread to other countries like Bangladesh is very much a reality which is proved by a spate of terrorist attack from there. The convergen ce of religious fundamentalist along with organized crime groups, national or transnational, thus adds additional dimension of complexity to the terrorist threat in the region. Ethno-Nationalist Separatists. Separatist groups are active in every country in the subcontinent. The past struggle between the LTTE and the government of Sri Lanka remains one of the bloodiest insurgencies in South Asia. Separatist movements are also present in Pakistans Balochistan and Sindh provinces, Indias Jammu and Kashmir and Northeastern provinces, and Bangladeshs Chittagong Hill Tracts. Although most of the violence in each of these conflicts is internal, it has the potential to spill over into neighboring provinces. Cross-border ethnic sub-nationalism is one of the main sources of mistrust on the subcontinent.  [5] Failure of Regional Mechanism to Counter Threat The counterterrorism efforts of regional bodies, such as the South Asian Association for Regional Cooperation (SAARC) and the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), have often been marginalised due to mistrust among the states. Although both bodies have devised potentially useful counterterrorism instruments, few such measures have been translated into action by the member states. Measures Initiated by SAARC. SAARC has been ahead of many regional bodies in the adoption of legal instruments for fight against terrorism. Its regional convention on the suppression of terrorism in 1987 includes a definition of terrorist acts and calls for greater regional cooperation on legal issues, including evidence sharing, extradition, and information and expertise exchange.  [6]  In an additional Protocol updated in 2002 it incorporated into the original convention the obligations of states under UN Security Council Resolution 1373, adopted in the aftermath of 9/11. A not very encouraging sign in the protocol is its focus on law-enforcement or hard security measures. To further the implementation of the provisions in its convention, SAARC created the Terrorist Offences Monitoring Desk (STOMD) in Colombo, Sri Lanka. However despite the appearance of counterterrorism on the agenda and the creation of STOMD, there has been little forward movement beyond the rhetorical level. There are widely held suspicions that the intelligence agencies of various South Asian states have designs on their neighbours territories, or facilitate insurgent movements to entrench political rivals in asymmetric warfare, and this further fuels the reluctance to share information and resources.  [7]  Due such suspicions and tensions among member states few of the counterterrorism instruments and commitments adopted by SAARC in its more than twenty year history have been translated into action by its members. One recent example is the apparent unwillingness of Pakistan to extradite to India those suspected of involvement in the 2008 Mumbai attacks, despite the existence of these instruments. Importance of BIMSTEC. The other important organization in the region to coordinate the fight against terrorism is the Bay of Bengal Initiative for Multi-Sector Technical and Economic Cooperation (BIMSTEC) which includes Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand. It was founded in 1997 with an aim to facilitate cooperation in areas such as trade and investment, technology, energy, transportation, communications, and tourism. In its 2004 Summit Declaration BIMSTEC expressed concern about the threat of terrorism to regional trade and urged all member states to coordinate their efforts by exchanging information and cooperating in the ongoing efforts of the international community to combat terrorism in all its forms. In order to coordinate the sub regional effort a Counter Terrorism and Transnational Crime Se ctor (CTTCS) was established. Though yet to establish a headquarters or permanent Secretariat, BIMSTEC has been slow to get many of its programs off the ground. The real weakness or strength depending on the perspective lies in the absence of Pakistan from the association. While this makes easier to forge consensus, but limits the region wide promotion of counter terrorism cooperation in the region. Relevance of Counter Terrorism Strategy in South Asia While any meaningful progress within SAARC has been held hostage to the tensions between South Asias two largest rivals, BIMSTEC faces limitations, both in terms of its capacity as an organization and its utility in promoting region-wide counterterrorism cooperation because Pakistan is not a member.  [8]  Therefore the limitations of SAARC and BIMSTEC point to the importance of the United Nations and its role in promoting counterterrorism cooperation and capacity-building activities in the region in the framework of the United Nations Counter Terrorism Strategy. This provides an opportunity for United Nations to shape a regional response to terrorism, using the holistic United Nations Strategy as an entry point for enhanced engagement in the region. The terrorist attacks in Mumbai in November 2008 has made it very clear that strengthening counterterrorism cooperation in South Asia must be a top priority as it is not only a threat to national security, but to regional stability and international peace as well. Subsequent paragraphs highlight the relevance of each pillar of the Strategy for South Asia and the role that the different organizations of the United Nations system, many of which now form the entities of CTITF, can play.  [9] Pillar I: Measures to Address Conditions Conducive to the Spread of Terrorism. While these objectives of the Pillar 1 are long term, the strategy does highlight some specific ways in which different elements of the United Nations system can contribute towards the fulfilment of the Pillar I objectives which are enumerated in subsequent paragraphs.  [10] United Nations initiative to promote cross-cultural understanding through UNESCO and enhance inter and intra faith dialogue and dialogue among different communities, the Strategy encourages the United Nations system as a whole to increase cooperation and assistance in the fields of law, human rights and good governance, to support sustained economic and social develop ment. United Nations Development Programme (UNDP) has made an effort to address inequities in development and access to resources thereby improving governance and respect for the rule of law in South Asia. It has contributed to undermining the chronic poverty, inequality, and social injustices which fuel much of the political violence in the region. United Nations has played an important role in conflict prevention and crisis management. In South Asia, the United Nations has missions in Nepal and Afghanistan and a military observer group deployed along the Line of Control in India and Pakistan. The UN Mission in Nepal (UNMIN) provides an example of where the United Nations has played a largely constructive role in monitoring ceasefire arrangements and providing technical support for the conduct of the election of a Constituent Assembly in a free and fair atmosphere. Pillar II : Measures to Prevent and Combat Terrorism. The second pillar of the United Nations Strategy includ es a series of short-term, preventative measures that states are to take to address the terrorist threat. While all states in the region have taken some steps to implement the measures elaborated in the Strategys second pillar, particularly when it comes to enhancing national criminal justice and other law-enforcement responses. Examples include the adoption of an anti-money-laundering (AML) ordinance in Pakistan by presidential decree in September 2007, the enactment of a range of counterterrorism laws and the establishment of a Financial Intelligence Unit (FIU) in Sri Lanka and the computerization of some checkpoints along Indias borders. Bangladesh has also taken steps to guard against terrorist financing under AML legislation. Counter-Terrorism Committee (CTC) and its Counter-Terrorism Executive Directorate (CTED), which play an important role in furthering the implementation of this pillar have so far visited three countries in South Asia i.e Bangladesh, India, and Pakistan. Du ring these visits it has not only discussed law enforcement, border, and other security-related issues, but issues related to the prevention of radicalization and extremism such as school curricula and other education reforms, pursuant to the part of its mandate derived from Security Council Resolution 1624 which calls upon states to take measures to prevent radicalization and incitement to terrorism and promote dialogue among cultures and religions.  [11] Pillar III: Measures to Build States Capacity to Prevent and Combat Terrorism and to Strengthen the Role of the United Nations in this Regard. South Asia confronts enormous development challenges including widespread poverty and over population. Therefore the region faces capacity challenges in trying to implement the United Nations Strategy as well as in developing and implementing national counterterrorism strategies and initiatives. The ability of countries in the region to implement the Strategy is further compromised by underdevelopment, especially in the border areas, as well as poor governance, unemployment, corruption, and the lack of trust and limited cross-border cooperation. More generally, many South Asian states have strong central governments, but are weak at the local levels and poor at delivering goods and services to their populations. Thus, for example, law enforcement and other criminal justice officials may be very capable at the national level, significant shortfalls exist at the local level, in terms of numbers, training, and equipment. Pillar III of the Strategy is thus of critical importance for South Asia as efforts are made to translate the holistic UN Strategy into action on the ground.  [12] Pillar IV: Measures to Ensure Respect for Human Rights for all and the Rule of Law as the Fundamental Basis of the Fight against Terrorism. The introduction of special or extraordinary laws to address terrorism can be particularly detrimental to the protection of human rights, as they can lead to long term institutionalization of oppression and foster a culture of impunity within state security forces and agencies. In India, for example, the government repealed the 2002 Prevention of Terrorism Act (POTA) to institute more humane reforms. In Pakistan, Suppression of Terrorist Activities Ordinance, 1975, was challenged on human-rights grounds. The Act was then repealed and replaced by the Anti-terrorism Act of 1997, which, among other things, created special antiterrorist courts. In the light of capacity and political challenges and the lack of an effective intergovernmental human rights mechanism on the subcontinent, the role of the United Nations system is particularly important. This makes the OHCHRs stated plans to establish a regional office in South Asia of particular significance. Among the countries that would be covered by this office are Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, and Sri Lanka.  [13] The Way Ahead While it is clear the key role that United Nations is playing to shape a regional response against terrorism in the South Asian region but there is still a huge scope to foster peace and stability in the region. There are certain recommendations that the global body needs to institute in order to link the counter terrorism strategy more closely to the needs of the South Asian region. South Asian region requires a more tailor made organisation to fight terrorism considering the political and regional complexities of the region. Since there is very little cooperation among the states and certain states even sponsor terrorism to promote their aspirations there is need for more coercive policy of the Security Council against states which still promote fundamentalism and militancy to account for their actions under Chapter VII. United Nations should build on increasing recognition of the importance of combating terrorism, conflict, and political violence in South Asia to forge str onger cooperation on the implementation of the Global Counter-Terrorism Strategy between the United Nations and South Asia, and within the region itself. SAARC leaders should provide full support to Strategy and initiate a approach to implement measures proposed by the Strategy to counter the conditions conducive to terrorism, prevent and combat terrorism, build state capacity, and streamline a human rights approach to all counterterrorism measures. Greater consideration should be given to conducting UN counterterrorism country visits which should probably use the General Assemblys UN Strategy as a framework rather Chapter VII mandate. Such an approach might allow for more holistic United Nations engagement with South Asia on counterterrorism issues, but lower the political temperature of the visit and thus enhance its technical focus. UNODCs Terrorism Prevention Branch should seek to ramp up the provision of technical assistance to criminal justice officials in South Asia regarding the ratification and implementation of the sixteen international conventions and protocols related to terrorism. For example, it could seek to bring together criminal justice practitioners from all countries in the region for common training sessions that would allow for the expert to expert contacts that are essential to building cross-border trust. A significant step toward protection human rights while countering terrorism in South Asia should be an OHCHR organized seminar that brings together not only representatives of foreign ministries, national human rights institutions, and nongovernmental organizations from countries in the region, but also security and law-enforcement officials from throughout South Asia. Such a forum would provide an excellent opportunity for government and nongovernment experts from the region to exchange experiences, challenges, and best practices in addressing the common terrorist threat in a manner that is consistent with human rights no rms.  [14] Summary Given the complexity of the threat, the geopolitical animosities on the subcontinent, and the development challenges in the region, South Asia region is an apt place for terrorist groups to further their cause without difficulty. There is a strong need for a holistic approach to address the terrorist threats confronting the region which includes includes both hard and soft and short and long term measures, to combat a transnational threat and emergent non state actors. In the absence of a meaningful regional framework to facilitate the cooperation necessary to respond to and prevent future terrorist acts there is a need to develop an effective regional counter terrorism response. Consequently, it can be argued that the United Nations is well placed to stimulate greater regional cooperation on counter terrorism, especially given its comparative advantages as a result of its neutrality, expertise, and stature in the global world. Having analysed all aspects of the UN Global Counte r Terrorism Strategy and its relevance in the South Asian region, there is requirement to list out certain logical recommendations in light of the shortcomings observed in the strategy.