Senate refers bill to amend anti-terrorism laws to committee

ISLAMABAD: The Senate on Wednesday referred the bill to amend the laws related to anti-terrorism to Standing Committee on Law and Justice for deliberation.

Minister of State for Parliamentary Affairs Ali Muhammad Khan introduced the Anti-terrorism (Amendment) Bill, 2020 (Amendment in sections 2, 11O and insertion of section 11OOO of the Anti-Terrorism Act, 1997) and the United Nations (Security Council) (Amendment) Bill, 2020.

The minister requested the chair for immediate tabling of motions to pass the bills for fulfilling the international obligation as these legislative proposals were also passed by the National Assembly on July 29, 2020. The Anti-Terrorism (Amendment) Bill, 2020 aims to fulfill obligation of the Financial Action Task Force to exclude Pakistan name from the grey list while the United Nations (Security Council) (Amendment) Bill, 2020 aims at ensuring effective implementation on the resolutions of the United Nations Security Council.

Senate Chairman Sadiq Sanjrani said meeting of the committee would be held on tomorrow (Thursday) which would submit it report after thorough review. The Anti-Terrorism (Amendment) Bill, 2020 proposes major amendments to the Anti-terrorism Act, 1997.

It provides definition of ‘Person’ in Section 2 as an additional clauses named (pa) which provides detailed definition of individuals as follows, "Person' means any natural or legal person including government body, autonomous or semi-autonomous entity, regulatory authority, body corporate partnership association, trust, agency or any other undertaking responsible for carrying out the purpose of this Act.”

The amendment bill proposes to enforce the decisions of United Nations Security Council’s Resolutions (1267 and 1373) which are related to counter terrorism measures to be taken by the member states in order to check terrorism financing by making and enforcing such provisions in the domestic laws.

As per the federal legislative list provided in the Fourth Schedule of the Constitution of Islamic Republic of Pakistan 1973, the federal government for compliance of international treaties, conventions and agreements and international arbitration can make legislation and rules to enforce such decisions.

The bill provides that any refusal or noncompliance on the orders of the federal government under Section 2 of the United Nations (Security Council) Act, 1948 is a punishable offence under Section 1100 – Violation of the UN Security Council Resolutions of this act and he shall be: (a) Imprisoned for maximum 10 years or fine of 25 million Rupees or both. (b)Similarly, if a legal person as defined in the definition of ‘person’ under this bill commits an offence under this act, he will be fined for maximum 50 million rupees and every director, officer or employee of such legal person if found guilty will be fined for 25 million rupees and imprisonment of maximum ten years or both.

In addition to punishments under offences defined above, if any public servant is found negligent in complying with these provisions, the respective authority will take administrative actions against him under the respective services rules.

Moreover, the United Nations (Security Council) (Amendment) Bill, 2020 was introduced in the House which aims at ensuring effective implementation on the resolutions of the United Nations Security Council.

According to statements of objects and reasons of the bill, the implementation of the obligations of the resolutions adopted by the United Nations Security Council under Chapter VII of the United Nations Charter are fulfilled through the United Nations (Security Council) Act, 1948 (XIV of 1948).

Under the said Act, the Federal Government passes orders, directing authorities in Pakistan to implement various measures in the Security Council resolutions including the freezing and seizure of assets, travel ban and arms embargo.

The Act does not contain an indemnity clause to provide protection to the persons implementing in good faith, the orders passed under the Act.

Furthermore, there is a requirement to give powers to the Federal government to make rules for carrying out the purposes of the bill.

In addition, the power to issue orders under the bill need to be delegated by the federal government to ensure that the orders arc issued in a timely manner, within a matter of a few hours, as required by the Security Council.

Finally the provision for punishment of persons offending against the order issue under the Act is redundant as neither the punishment nor the mechanism for its enforcement is provided under the Act.

The issue is being taken up separately through corresponding amendment in the Anti-Terrorism Act, 1997.

The bill, therefore, seeks to amend the United Nations (Security Council) Act, 1948 (XIV of 1948) in order to ensure the effective implementation of the resolutions of the United Nations Security Council.