Terrorism (Jersey) Law 2002: Amendment to Proscribed Organisations: Law drafting instructions

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A decision made 14 April 2015:

Decision Reference: MD-HA-2015-0024

Decision Summary Title :

Terrorism (Jersey) Law 2002 – addition to proscribed organisations

Date of Decision Summary:

30 March 2015

Decision Summary Author:

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Terrorism (Jersey) Law 2002 – addition to proscribed organisations

Date of Written Report:

30 March 2015

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Terrorism (Jersey) Law 2002 – addition to proscribed organisations.

Decision(s):

The Minister approved the addition of the organisations detailed in the accompanying report to the list of proscribed organisations in Schedule 1 of the Terrorism (Jersey) Law 2002 and to request the Law Draftsman to prepare an Order to give effect to this.

Reason(s) for Decision:

These organisations have been made proscribed organisations by the Home Secretary. By making them proscribed organisations in Jersey it will ensure that Jersey remains in line with the British Government’s stance in combating terrorism.

Resource Implications:

There are no additional resource implications arising from this decision.

Action required:

The Executive Officer to liaise with the Law Draftsman over the drafting of the relevant Order.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Terrorism (Jersey) Law 2002: Amendment to Proscribed Organisations: Law drafting instructions

Report for the Minister for Home Affairs

Request for law drafting to add organisations to Schedule 1 of the Terrorism (Jersey) Law 2002

Schedule 1 of the Terrorism (Jersey) Law 2002 contains a list of proscribed organisations. It is an offence under the Law to belong, or profess to belong, to a proscribed organisation.

Article 6(3) of the Terrorism (Jersey) Law 2002 provides, inter alia, that the Minister may, by Order, add an organisation to Schedule 1.

Traditionally, Jersey maintains its list of proscribed organisations in step with the UK, thereby ensuring a joint response to terrorism in both Jersey and the UK.

Since Schedule 1 of the Terrorism (Jersey) Law 2002 was last updated earlier this month by the Terrorism (Proscribed Organizations) (Amendment No.9) (Jersey) Order 2015, the following organisations have been made proscribed organisations in the UK by the Home Secretary. The descriptions of the organisations are taken from the Home Office paper on proscribed terrorist organisations:

Haqqani Network (HQN)

The Haqqani Network (HQN) is an Islamist, nationalist group seeking to establish sharia law and control territory in Afghanistan. It is ideologically aligned with the Taleban, and aims to eradicate Western influence, disrupt the Western military and political efforts in Afghanistan. The group is demanding that US and Coalition Forces withdraw from Afghanistan. The group is led by Jalaluddin Haqqani and his son, Sirajuddin.

HQN has links with a number of terrorist groups in the region including proscribed Central Asian group Islamic Jihad Union (IJU). HQN also have long established links with Al Qa’ida (AQ) that were strengthened after the removal of the Taleban by the US when AQ leader Osama bin Laden was probably sheltered by Jalaluddin in North Waziristan (NWA).

HQN continues to play an active and influential role in the Afghan insurgency in the East of the country and is seeking to expand its influence in to other areas of Afghanistan. While it can be difficult to identify specific HQN responsibility for attacks, given the Taleban practice of claiming attacks on behalf of the insurgency as a whole, the group is believed to have been responsible for the recent attack against the British Embassy vehicle in November 2014 which killed six people including a UK national and an Afghan member of UK Embassy staff and injuring more than 30 people.

It is likely that HQN will continue to view Kabul as a key target location due to the concentration of UK and Western interests in the capital. HQN has been banned as a terrorist group by the USA since September 2012, Canada since May 2013 and the UN since November 2012.

Jamaat ul-Ahrar (JuA)

JuA is a militant Islamist group that split away from Tehrik-e-Taliban Pakistan (TTP) in August 2014. JuA aims to establish an Islamic caliphate in Pakistan and aspires to extend global jihad into the Indian subcontinent.

The group have claimed responsibility for a number of recent attacks, including on 21 November 2014, a grenade attack on the Muttahida Qaumi Movement (MQM) in Orangi Town area of Karachi that killed three members of the Sindh Assembly and injured 50 workers; on 7 November 2014, twin bombings targeting peace committee volunteers in Chinari village of Safi Tehsil in the Mohmand Agency killed at least six people. JuA’s spokesman, Ehsanullah Ehsan, claimed responsibility and vowed to continue attacking tribal peace committees; and on 2 November 2014, the suicide bomber attack on the Pakistan side of Wagah border crossing, shortly after the famous flag-lowering ceremony had concluded, that killed over 60 people.

In September 2014, Ehsanullah Ehsan released a statement criticising the British Government for arresting Al Muhajiroun (ALM) associates and made a threat, stating that “your future security depends upon how nicely you treat the Muslims in Britain”.

In March 2015 the group claimed responsibility for fatal attacks on Christian sites in Lahore.

Recommendation

It is recommended that the Minister approves the addition of the above-named organisations, and their alternative names, to the list of proscribed organisations in Schedule 1 of the Terrorism (Jersey) Law 2002 and requests that the Law Draftsman prepares an Order to give effect to this.

Executive Officer, Home Affairs

30 March 2015