Thursday, May 1, 2008

Bangladesh and Counter-Terrorism Efforts within South Asia

By Muhammad Zamir

Terrorism and terrorists have their own concept of grammar. They define their ideas, objectives and behaviour on the basis of denotations and connotations that are totally different from the generally accepted norms of civilized society. For them, ends justify means. Their continued action and response are not always logical or rational. However, within this complex scenario, lies a method in their madness.

The biggest strength the terrorists have is unpredictability and their single-minded devotion towards the creation of fear and indiscriminate terror within the body politic of a country. They have two other significant advantages. They do not follow established law or constitutional provisions. This automatically reduces the prospect of accountability within their system. The other aspect relates to raising of funds required for carrying on their campaign of asymmetrical warfare. In most cases, as in Colombia and Myanmar, this has been facilitated through a nexus with criminal elements.

Terrorists usually also have another thing in common. They are basically disciplined and are conditioned to being secretive in their decision making process. Ethnic and religious divides also, most often, emerge as crucial elements. This ensures loyalty within their system and total obedience.

The above elements have found expression, in the contemporary scene, in various areas of the world- the Middle East, Latin America, Europe, Africa and also in South Asia. In the process, terrorist groups have morphed and evolved over time. Their objectives have also changed. Some have sought cover for their activities under the cloak of religion, patriotism and liberation. Others have branded themselves as fighters associated in the quest of eradicating poverty, mis-governance or economic disparities.

We have had our homegrown terrorists in South Asia for quite some time. Areas affected include the northeastern and northwestern parts of India, Nepal, several provinces in Pakistan, Sri Lanka and also Bangladesh. The authorities in these countries have sometimes claimed that terrorist activities taking place in their respective territories have been made possible through active support and planning originating in another neighbouring country. Such suggestions have however been denied on every occasion. This has obviously been done to refute any suggestion of extra-territorial state sponsored terrorism or failure of a state to contain extra-territorial activities of a terrorist group situated within its borders.

Time has now come for all of us in South Asia to understand that terrorism as a factor works against the interests of the region. Pious declarations in Summit conferences are not enough. Hands-on cooperation, sharing of intelligence and other information are required to ensure effective counter-terrorism initiatives. Mutual suspicion must be replaced by coordination in terms of policy. This will be the only way to protect the rights of citizens.

Bangladesh has always been firm in its stated principles about combating terrorism. We should not hesitate to be the first among equals in this regard. This will also be a good confidence-building measure for South Asia and the SAARC process, which now also encompasses the troubled country of Afghanistan.

It would be useful in this context to analyse how counter-terrorism and police cooperation is being pursued as a policy by the European Union. South Asia may like to emulate some of the steps taken there.

Since the attacks in New York, London and Madrid, the EU’s counter-terrorism strategy has become a crosscutting policy in all the EU’s institutions. The objective of EU’s counter-terrorism policy could generally be described as confronting the network of terror with networks against terror. They are attempting to achieve this through prevention, protection, pursuit and response measures. Before 9/11, counter-terrorism had been included in the EU’s judicial and domestic policy, but following that date, it has now been re-classified as a decisive crosscutting task of security policy to be included in all EU policy strands.

The EU’s activities in this field include the European Arrest Warrant, the introduction of joint investigation teams and the compilation of a list of people, groups or entities considered as possible terrorist threats. As expected, such a policy has not been totally criticism free. Some activists have pointed out that there is a likelihood of human rights violations within such a counter-terrorism matrix, particularly with regard to freedom of movement, speech, demonstrations and securing of justice. Nevertheless, the above-mentioned elements of EU’s counter-terrorism now play a central role in the European Security and Defence Policy.

The EU has also created the post of EU Personal Representative for Counter Terrorism and has adopted more than 160 horizontal measures. This includes encouraging exchanges between Europol and the Joint Situation Center (SitCen) and extending cooperation beyond EU borders. Priority is also being accorded towards establishing of flexible intelligence cooperation between the EU-G6 (Germany, France, Italy, Spain, Poland and the UK) and the adoption of the Prum Treaty to prevent cross-border terrorism.

The process that is underway in Europe has still not been successfully completed. This has been partially due to Member States shying away from integrating policies into their own structures and legislation, particularly when they are seen as being counter to their national policies. The 27 Member EU has also run into another difficulty in their counter-terrorism effort viewed against the backdrop of established democratic traditions. Some states have openly expressed fears about anti-terrorist networks because they feel that this might eventually lead to loss of sovereignty, lack of accountability and disregard for personal rights. They think that the main EU actors in coordination with the principal EU institutions should, as a first step, set up trust-building exercises through regular political dialogue. This, they believe, would be the best way forward to combat terrorism, cross-border crime and illegal migration. In this context, it has also been suggested that there could be enhanced exchange of information through cross-border sharing of DNA databases and fingerprinting.

Nevertheless despite all the teething difficulties, the EU is steadily moving forward in finding least common denominators in their common effort to counter terrorism and terrorist acts. We have to do the same within South Asia.

It was therefore heartening to note some of the reports coming out from the recently concluded SAARC Home Secretaries Conference convened in New Delhi last month. They have addressed an important issue- that of bilateral agreements on mutual assistance in criminal matters. A SAARC Convention on this subject, if approved, will establish a legal basis for regional cooperation with regard to uprooting the causes of crimes. It will then make available suspects for investigation, interrogation, enable the restraint and seizure of the proceeds and instruments of crime and facilitate the locating, freezing and confiscating of funds meant for acts of terrorism in the territory of either Party or within the region of SAARC.

In South Asia, we should consider counter-terrorism, as a process that will require political will. I have mentioned in the previous paras that even a more advanced society like Europe is finding the way forward difficult. We, in South Asia in general, and in Bangladesh in particular, also have a tough task ahead. There are many ramifications that have to be addressed with vigour through public debate and democratic scrutiny. Proposals and ideas have to be tested in the field before they can become part of domestic legislation in all the SAARC countries. The SAARC Secretariat will also have to be dovetailed in this ambitious journey.

Our efforts till now appear to have been restricted more to rhetoric than action. What we need is a conscious decision on the part of all members of SAARC to fully commit themselves into this exercise. This needs to include expeditious extradition arrangement of terrorists and criminals. They should not be allowed to feel safe in another State’s territory or jail. We have to rise over narrow national and parochial interests. India, as the current Chairperson should play a defining role in this regard.

We have to remember that future foreign investment; economic development, poverty reduction and good governance in this region will depend on true and meaningful cooperation and coordination between the States. We will have questions but answers will also have to be found.

Terrorist groups have their own individual agenda and their priorities are not always consistent with national or regional goals. In Bangladesh, we have taken on the task of counter-terrorism through sincere measures against some terrorist groups like the JMB. Nevertheless, more needs to be done. We have to work together to stifle the supply of oxygen that helps to keep such misdirected groups alive. Through practical cooperation, we have to prioritize the areas of desired action, and then, after necessary public debate and scrutiny, initiate domestic and regional legislation and the supporting framework for this purpose.

About the Author

Muhammad Zamir, a former career diplomat, has worked as Ambassador in various countries in Europe- Italy, Bosnia-Herzegovina, Belgium, Luxembourg and Switzerland. He has also been Permanent Representative of Bangladesh to the Economic and Social Commission for Asia and the Pacific, FAO, the World Food Programme, International Fund for Agricultural Development and the European Communities. He has also been Secretary, Ministry of Foreign Affairs.

Educated in Dhaka where he specialized in literature and law, he also studied Arabic and International Relations at the British Middle East Center for Arabic Studies in Shemlan, Lebanon, International Humanitarian Law in Geneva, Switzerland and Peace and Security Studies in Uppsala, Sweden During his association with diplomacy for nearly thirty-four years, he has served in diplomatic assignments in Beirut, Cairo, Tehran, Tripoli, Ottawa, Bangkok, London, Jeddah, Rome and Brussels.

He presently practices law as an Advocate in the Chamber of Dr. Zahir and Associates, Dhaka. He is also the President of the Bangladesh Folklore Research Center, the Vice President, Center for Democracy and Vice President, Bangladesh Water Partnership. He has published eight books dealing with Human Rights and International Law, Islamic Theology, Adages in Bengali, contemporary international issues and subjects of importance to Bangladesh and South Asia. He has also published a book of poetry.

He contributes op-ed columns both in Bangladesh and abroad. Some of the publications where they have appeared or the web pages where they have/he has been referred to or reprinted are given below- The Daily Star, Holiday, The Dhaka Courier, Dawn, Ittefaq, Sangbad, Ajker Kagoj, The New Age, The Independent, News Today, The New Nation, The Brunei Times, The Himalayan Times, Asia Media.

No comments: