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Amnesty International: Indian govt. weaponising terrorism financing watchdog recommendations against civil society

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Indian authorities are exploiting the recommendations of a global terrorism financing and money laundering watchdog to target civil society groups and activists and deliberately hinder their work, said Amnesty International in a new briefing released today.

“Weaponizing counter-terrorism: India’s exploitation of terrorism financing assessments to target civil society” reveals how the recommendations of the Financial Action Task Force (FATF)—a global body responsible for tackling terrorism financing and money laundering—have been abused by the Indian authorities to bring in draconian laws in a coordinated campaign to stifle the non-profit sector. These laws are in turn used to bring terrorism-related charges and, amongst other things, to prevent organizations and activists from accessing essential funds.

“Under the guise of combatting terrorism, the Indian government has leveraged the Financial Action Task Force’s recommendations to tighten its arsenal of financial and counter-terrorism laws which are routinely misused to target and silence critics. The FATF must hold the Indian authorities accountable for the persistent weaponization of its recommendations,” said Aakar Patel, chair of the board at Amnesty International India.

“By abusing these laws, the authorities in India have failed to comply with both FATF standards and international human rights law.”

“(We are) surviving just to fight the legal cases”

Non-governmental organisations in India require a “foreign contribution licence” to access foreign funds as established by the Foreign Contribution (Regulation) Act (FCRA). The introduction of this bill in 2006 coincided with India becoming an observer state of the FATF. Later in 2010, amendments were made to the act to improve India’s ‘non-compliant’ status. Since then, however, and specifically in the last ten years, more than 20,600 NGOs have had their licences cancelled with nearly 6,000 of these cancellations occurring since the beginning of 2022.

In a survey by Amnesty International, 11 out of 16 NGOs (working on issues relating to minorities, marginalised groups and climate change) confirmed the arbitrary renunciation of their foreign contribution licences through suspensions, cancellations, and non-renewals. The organisations said that the authorities provided only vague reasons, including accusing them of “bringing disrepute to public institutions”, “working against public or national interest” or alluding to their human rights work. Most of the groups Amnesty International spoke to said they have had to reduce their staff by 50 to 80 percent, drastically affecting the scope of their work. “Almost all our programmes have been shut down … [We are] surviving just to fight the legal cases that have been filed against us,” one activist said.

The 2020 and earlier amendments to the FCRA, however, do not conform with FATF’s Recommendation 8, which requires that laws and regulations target only those Non-Profit Organizations that a country has identified — through a careful, targeted “risk-based” analysis — as vulnerable to terrorism financing abuse.

None of the NGOs Amnesty International spoke with were contacted for a “risk-assessment” by the Indian government, despite FATF having specifically highlighted the lack of outreach in its 2010 and 2013 Mutual Evaluation Reports. Such actions also do not meet the guidelines laid down by the FATF’s interpretative note on Recommendation 8 which aims to minimize the unintended consequences faced by the non-profit sector by calling for specific and targeted counter-terrorism measures.

“Our board and staff have resigned out of fear”

The enactment of the Prevention of Money Laundering Act, 2002 (PMLA) and the 2012 amendments to the Unlawful Activities (Prevention) Act (UAPA), India’s main counter-terrorism law, were among the pre-conditions to India becoming the 34th member of the FATF.

Over time, amendments to these laws, based on the FATF’s recommendations in India’s last evaluations in 2010 and 2013, led to FATF changing India’s rating from “Non-Compliant” to “Largely Compliant”.

However, United Nations’ special rapporteurs have repeatedly called out the contentious and overbroad provisions of UAPA which both violate international human rights law and standards and contradict the FATF’s own guiding principles. The Indian authorities have ignored all such calls and have continued to apply these laws in a discriminatory manner against dissenting voices such as Muslim student activist Umar Khalid, Kashmiri human rights activist Khurram Parvez, journalist Irfan Mehraj and 16 others (in the Bhima Koregaon case), ten of whom continue to be detained since 2018 without trial on allegations of ‘funding terrorism’, amongst other charges. The PMLA has also been used to target Amnesty International forcing the organisation to halt its operations in the country in September 2020.

“The motivation behind these measures is purely political and designed to create an environment hostile to international organisations. The FATF must not allow these laws to be used by the Indian authorities to systematically erode the rights to freedom of association and freedom of expression in the country, particularly of civil society actors and religious minorities,” said Aakar Patel.

Amnesty International recommends that the UAPA, PMLA and FCRA should be repealed or significantly amended to bring them in line with International human rights standards. Most importantly, not-for-profit organisations, including the ones that have faced adverse actions under the three laws, must be consulted in the FATF’s upcoming assessment of India. The Indian authorities must ensure that the exercise of the rights to freedom of expression, association and assembly are effectively protected.

The Financial Action Task Force (FATF), of which India has been a member since 2010, is an intergovernmental body with 37 member states mandated to tackle global money laundering and terrorist financing. It advances its work through a set of recommendations – comprised of 40 internationally endorsed global standards – to guide national authorities’ implementation of “legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the financial system.”

The publication of the new briefing by Amnesty International comes ahead of India’s fourth round of the mutual evaluation process of the Financial Action Task Force (FATF) in November 2023.



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Renewed Lanka’s Easter Bombing probe puts NTJ’s South India radicalisation network back under lens

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New Delhi (IANS):The arrest of Sri Lanka’s former Intelligence chief, Retired Major-General Suresh Sallay is a turning point in the investigations into the 2019 Easter Sunday bombings that killed 279 people.

The move was a bold one taken by President Anura Kumara Dissanayake who won the presidency in 2024.

He had promised that all persons involved in the attack would be brought to justice.

Sallay was made State Intelligence Service (SIS) chief in 2019 after Gotabaya Rajapaksa became President.

The allegation against Sallay was that he had permitted the attack to take place with the intention of influencing that year’s presidential election, which was eventually won by Rajapaksa.

Sallay had become a prominent figure in Sri Lanka and was widely credited with dismantling the LTTE. His arrest has led to a political storm and many state that it could revive tensions relating to the LTTE.

Ali Sabry, former Sri Lankan Minister for Foreign Affairs said that the developments are deeply troubling.

An Indian official said that the developments in Sri Lanka are being monitored closely.

On the question whether the LTTE issue would come back into the picture following the arrest of Sallay, the officer said that attempts are being made, but it would be very tough.

There have been several cases that the National Investigation Agency (NIA) has been probing concerning the revival of the LTTE.

The ISI, too, has tried its hand in ensuring the revival of the LTTE, but has not been successful so far.

To prevent the revival of the LTTE, both India and Sri Lanka have been working very closely.

Another official explained that the current ties with Sri Lanka have gone from ideological to an investment-led partnership.

Prime Minister Narendra Modi and President Dissanayake share a pragmatic relationship and this has gone a long way in ensuring cooperation on all fields including security, the official explained.

While some in Sri Lanka do not subscribe to Dissanayake’s decision on Sallay, the fact is that the Easter Bombing case has to be probed from every possible angle.

An Intelligence Bureau official says that a major concern today are the activities of the National Thowheeth Jama’ath (NTJ) and Jamathei Millathu Ibrahim (JMI), the two outfits responsible for this attack.

The NTJ in particular has a vast presence in South India and has managed to radicalise a large number of youth in Tamil Nadu and Kerala.

The mastermind of the attack, Mohammad Zahran Hashim was a frequent visitor to Tamil Nadu. He was also responsible for the radicalisation of Jamesha Mubeen who carried out an unsuccessful attempt to bomb a temple in Coimbatore in 2022.

The Indian agencies have been actively pursuing the role played by Hashim. A probe by the NIA in the South India radicalisation case revealed that the entire plot was being run by Hashim from Sri Lanka.

At least 50 of the 100 radicalisation videos seized by the agency were discourses by Hashim, who had close links with the Islamic State.

Officials say that Sallay could provide details to investigators about the module that Hashim ran.

This would come in handy for the Indian agencies who are probing cases directly linked to the NTJ in South India.

Hashim, who was the ring leader for the suicide bombers during the Easter Bombing had spent a considerable amount of time in India.

The Indian agencies would want to learn if any of the locals that Hashim interacted with had any idea about the Easter Bombings.

While in India, Hashim had focussed his radicalisation programmes mainly at Mallapuram, Coimbatore, Nagapattinam, Kanyakumari, Ramnathpuram, Vellore, Trichy and Thirunelveli, the NIA probe found.

Pallay has for now denied any links to the Easter Bombings.

Indian officials say that they do not want to comment on Pallay and his alleged links.However, it is important that the bombings are probed thoroughly since the activities of the NTJ have a direct bearing on India, particularly the southern states, the official also added.

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Sajith warns: Don’t let trade union action stall cyclone relief

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Sajith Premadasa

Opposition and SJB Leader Sajith Premadasa on Friday stressed that relief efforts for communities affected by Cyclone Ditwah must not be derailed by internal disputes, as several trade unions announced plans to withdraw from disaster relief duties.

Taking to ‘X’, Premadasa called on the Government to prioritise coordination and ensure uninterrupted assistance to families still awaiting aid.

“The Government must work closely with officers on the ground to ensure coordination and uninterrupted support. When families are still waiting, how can we allow for this confusion?” he questioned, emphasising that relief measures should not be delayed under any circumstances.

His remarks follow the decision by several trade unions representing Government officers engaged in disaster relief operations to launch trade union action beginning from Friday (27 February).

The unions announced their withdrawal from relief-related duties, citing unresolved issues affecting officers involved in post-disaster operations.

According to the unions, more than 93 days have elapsed since the widespread destruction caused by Cyclone Ditwah. During this period, disaster relief officers and Grama Niladharis have worked continuously, day and night, acting as key coordinators between the Government and affected communities. However, they claim that authorities have failed to adequately address longstanding concerns relating to officers engaged in relief work.

Meanwhile, Secretary to the President Nandika Sanath Kumanayake yesterday underscored the need to expedite relief and recovery initiatives.

Chairing a progress review meeting of the National Council for Disaster Management, he called for strengthened coordination among State institutions responsible for disaster response, noting that effective inter-agency collaboration is critical to delivering timely assistance to affected communities.

Efforts to accelerate recovery and maintain continuity in relief operations are ongoing.

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Complaints filed with CID, Bribery Commission over alleged substandard coal deal

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Allegations surrounding the importation of substandard coal intensified yesterday, with civil society representatives and Opposition MPs lodging complaints with the CID and the Commission to Investigate Allegations of Bribery or Corruption, calling for comprehensive investigations into the procurement process and alleged financial losses to the State.

A group of civil organisation representatives submitted a complaint to the CID on Friday (27 February), requesting a probe into what they described as irregularities in the coal procurement process and the resulting loss to the country.

Addressing the media, Ananda Palitha, Convenor of the Samagi Joint Trade Union Alliance affiliated with the SJB, alleged that tender procedures had not been followed properly and claimed that emergency purchases had facilitated corruption.

“The tenders are not called on time. The same company that was previously blacklisted after attempting to bring in substandard rice is now

being awarded the coal tender. They have been given time until July to get registered. The corruption is already confirmed. It is very clear with these emergency purchases,” he charged.

Palitha also expressed confidence that the current President would not interfere with investigations into the coal imports, drawing a comparison to the legal action instituted against former Minister Keheliya Rambukwella over the substandard medicine import controversy during the previous administration.

Meanwhile, a group of SJB parliamentarians filed a separate complaint with the Bribery Commission on Thursday (26 February) over the same issue. MPs Mujibur Rahman, Chaminda Wijesiri, Sujith Sanjaya Perera and Kavinda Jayawardena met Commission officials to formally submit their complaint.

Speaking to the media afterwards, MP Mujibur Rahman alleged that the company concerned had violated two key contractual conditions — by supplying substandard coal and by failing to deliver shipments within the stipulated timeframe.

He contended that either of these violations would be sufficient grounds to cancel the agreement, but claimed the Government was attempting to justify the transaction by asserting that no fraud had occurred.

“By now it has been revealed that this transaction is corrupt,” he said, adding that the Bribery Commission, which had previously conducted extensive investigations into allegations against the former Government, should similarly take action to recover what he claimed was Rs. 7,000 million in public funds lost due to the deal.Investigations into the matter are ongoing.

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