Shenali D Waduge

US report says LTTE international network alive: Questions actions of foreign nations on LTTE fronts banned by GOSL incorporating UNSCR 1373

The US State Departments ‘Country Reports on Terrorism 2014’ confirms that LTTE’s international support network and financial network is alive inspite of LTTE’s defeat in May 2009. While LTTE leader and core leaders perished what must always be remembered is that the entities that raised funds, procured arms, lobbied foreign governments/UN, ran bogus propaganda for the LTTE did so from abroad and quite openly despite a handful of arrests by nations that have banned LTTE. Nonetheless, pursuant to the GOSL declaring 16 entities operating from overseas as LTTE fronts and naming close to 500 individuals as supporting LTTE, the prerogative was on the US and all nations to have banned the LTTE to take action against the individuals and organizations operating from inside their territories whilst also holding foreign passports. No amount of reports can excuse the inaction on the part of the US, UK, EU, Canada and all other nations that have banned the LTTE if they have not used provisions of the UNSCR 1373 to investigate the organizations, individuals, their sources of income/bank accounts, foreign remittances etc after the GOSL banned these entities and named them. Therefore, it is now time for some real action against these banned LTTE fronts by foreign governments who are watching these entities continuing their nefarious activities while issuing global reports saying LTTE is alive and kicking.

The United Nations has issued an excellent technical guide for nations based on the UNSCR 1373 giving guidelines and calling upon nations to take action against terrorist funding and providing material support. It is an excellent guide and one that the Sri Lankan Government needs to make full use of in quoting to demand actions against the banned LTTE fronts/individuals.

http://www.un.org/en/sc/ctc/specialmeetings/2012/docs/technical_guide_1373.pdf

 Paragraph 2 of the UNSCR 1373 says that all States shall:

• Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists;
• Take the necessary steps to prevent the commission of terrorist acts, including by provision of early warning to other States by exchange of information;
• Deny safe haven to those who “finance, plan, support, or commit terrorist acts, or provide safe havens;
• Prevent those who “finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other States or their citizens;
• Ensure that any person who participates in the “financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts;
• Afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the “financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings;
• Prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents.

The UN Technical Guide to the implementation of Security Council Resolution 1373 (2001) requires States

• To prevent terrorist financing (guided by provisions of UN conventions and recommendations of the Financial Action Task Force on Money Laundering). Terrorist financing can be central to money-laundering or a stand alone offence. The scope of the offence is set forth in article 2 of the International Convention for the Suppression of the Financing of Terrorism. Generic offence of intent and purpose are included. – http://www.news.lk/reviews/item/1698-the-ltte-revives-its-us-network News that LTTE’s US network crippled by the Federal Bureau of Investigation (FBI) in 2006 is being reorganized via V. Rudrakumaran (TGTE) in US, Canada, Europe, Australia & New Zealand was announced in 2014 reappearing under various fronts – Tamils for Obama, the United States Tamil Political Action Council (USTPAC) and Tamils Against Genocide as well as infiltrating Illankai Tamil Sangam, Federation of Tamil Associations of North America (FeTNA) and Tamil Nadu Foundation.
• Obliged to secure borders, immigration & customs control, aviation, maritime & cargo security, arms trafficking & law enforcement. States are also obliged to ensure that asylum and refugee procedures are not abused by persons involved in terrorist acts – it emerges that there are entities in the UK where asylum seekers actually pay to physically be burnt with cigarette butts and doctors certify recent wounds which are meant to implicate the Sri Lankan Armed Forces and thereby facilitate refugee status. Moreover, LTTE linked Tamils arrested in Malaysia were found with UNHCR cards! http://www.onlanka.com/news/un-navi-pillay-explain-how-3-ltte-operatives-arrested-in-malaysia-held-unhcr-passes.html
• UNSCR 1373 imposes LEGAL OBLIGATIONS on UN Member states to cooperate on counter terrorism / safe havens, recruitment, jurisdiction / international legal cooperation. States must ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice.
• The UNSCR necessitates States to ensure that ANY MEASURES are taken to combat terrorism in accordance with international law.

Questions from US & all other nations that continue to ban LTTE

• UNSCR 1373 entails Member States to prevent and suppress financing of terrorist acts – what have these nations done on the 16 LTTE fronts and the close to 500 individuals the GOSL declared banned under the said Resolution?
• Have nations that have banned LTTE where these LTTE fronts operate and named individuals reside take action to at least investigate these 16 organizations/individuals for links and operations taking place and being organized from their territories?
• Given that GOSL banned these 16 LTTE fronts and close to 500 individuals all of whom hold foreign passports and live in the very nations that continue to ban the LTTE, have these nations taken action to investigate these entities given that they are bound to do so under the basic principle of the UNSCR 1373?
• Given that some of these individuals & organizations have been banned by Western nations and there is a clear link to each of the organizations through a well coordinated network, why have these nations not launched investigations on their nations and their links to financing terror even if it is outside their territory?
• If nations are ready to look at technicalities why are Western nations ignoring the very basic requirement to carry out their own investigations and take action to freeze assets and curb their own nationals of being fleeced via bogus human rights charities operating to make use of tax concessions and transfer money.
• Given that some of these entities are employed in both public / private sector organizations of member states are the investigative authorities not bound to inform the State institute / Company regarding these names listed as terror fronts?

The UN has also highlighted preventive measures to be taken by financial institutions and non-financial businesses and professions. This is extremely relevant to the GOSL banned LTTE fronts and the individuals named. Have the US and the 32 nations at least requested the Financial Intelligence Units to investigate their funds moreover the UNSCR 1373 entails states to establish FIUs or equivalent? The next question is how far have the Sri Lankan Authorities demanded actions against these technical standards and norms set from the states that have banned LTTE?

The UN guide also covers alternative remittance systems/ cash couriers/ money value transfer services (Hawala) http://www.onlanka.com/news/ltte-resurrection-hawala-money-transfer-how-many-more-gobis-are-out-there.html  an area that LTTE has mastered. These are all areas that the LTTE fronts can be targeted and questions how far the GOSL has demanded action while also questioning the genuineness of foreign states to eradicate terrorism and terrorist funding.

Another important area are the Non-Profit organizations covered in the UN guide. LTTE fronts have camouflaged themselves as charitable entities and have abused and manipulated the tax-exemptions.

Pertinent too is the clause DENIAL of SAFE HAVEN and is relevant to the LTTE fronts who are perhaps harbouring runaway LTTE cadres into their charitable organizations. These certainly need to be investigated.

What States must assure Sri Lanka is that given that these declared LTTE fronts are resident in foreign territories that States must prevent their territory being used for the purpose of terrorist acts in Sri Lanka.

Nevertheless what is quite hilarious is that it is these banned entities that are calling the shots, going to regularly meet UNHRC head/UN officials, hob nobbing with foreign MPs/VIPs and even issuing statements against a sovereign state and the UN is even quoting from these entities in their reports and moreover these entities are running websites and smear campaigns against the GOSL and the Armed Forces and these are also being quoted in UN reports as well as by INGOs/NGOs who if investigated will also have some kind of links to these LTTE fronts too.

Therefore, given that the GOSL has banned 16 LTTE fronts and close to 500 individuals no domestic inquiry should commence until and unless foreign governments where these banned entities and individuals are operating from take action and commence investigations against them.

The Sri Lankan President should take note of this because just as the People of Sri Lanka are watching the fact that the US terrorism report reveals that the LTTE is well and alive the GOSL should not carry out any domestic inquiry until nations first take action against these banned entities and the individuals who are holding foreign passports.

Shenali D Waduge

Further reading:             

http://www.un.org/press/en/2001/sc7158.doc.htm

SECURITY COUNCIL UNANIMOUSLY ADOPTS WIDE-RANGING ANTI-TERRORISM RESOLUTION;

CALLS FOR SUPPRESSING FINANCING, IMPROVING INTERNATIONAL COOPERATION

Resolution 1373 (2001) Also Creates Committee to Monitor Implementation