November 23; In releasing a Legislative Brief on the Anti-terrorism (Amendment) Bill 2012, PILDAT has said that the draft amendment only covers just one aspect of the offences of terrorism financing and is far from the comprehensive amendment that the country requires in dealing with the challenge of terrorism. PILDAT has demanded that the Government must introduce a more comprehensive amendment to the existing Anti-terrorism Act 1997.

The draft amendment, which was introduced in the National Assembly on November 12, 2012, only covers a small portion of the overall Anti Terrorism Act concerning the offences of terrorism financing. The proposed draft amendment under the Anti-terrorism (Amendment) Bill 2012 appears to have been introduced only to correspond with the FATF guidelines to correct the shortcomings in the existing Anti-terrorism Act 1997 that were highlighted by the Financial Action Task Force (FATF) that blacklisted Pakistan in February 2012.

In October 2011, the FATF pressed upon Islamabad to amend Anti-terrorism Act 1997 for freezing assets and other stern action on charges of terrorist financing by February 12, 2012 deadline. On missing that deadline, the FATF blacklisted Pakistan in February 2012. The proposed draft amendment under the Anti-terrorism (Amendment) Bill 2012 appears to have been introduced to correspond with the FATF guidelines relating to freeze, seizure and detention of property of a terrorist or terrorist organizations.

The bill attempts to change key definitions relating to terrorism financing including that money and property.

Given the demands for a more comprehensive anti-terrorism law in Pakistan, it is rather astonishing why the Government has chosen to introduce an amendment targeted at terrorist financing alone, a PILDAT statement said. One of the major criticisms from national and international jurists about Pakistan�s Anti-terrorism Act 1997 has been on the very wide definition of terrorism. Under the new amendment, however, even the definition of terrorism has not been revisited to make it more precise.

Terrorism remains the biggest challenge confronting Pakistan today. PILDAT has repeatedly demanded that Pakistan requires a more effective legal regime, one that is implemented in letter and spirit, and which is overseen by the Parliament. The State has to maintain a balance between human rights, individual liberty and anti-terrorism efforts.

However, it is unclear why the attempts to amend the existing terrorism laws by the Government have appeared to be only half-hearted throughout its on-going term. The Government introduced the Anti-terrorism (Amendment) Bill, 2010, proposing 25 amendments in the existing Anti-terrorism Act, 1997, in the Senate of Pakistan two years ago in July 2010, which, after remaining with the Senate Standing Committee on Interior, was reportedly withdrawn earlier this year. Reportedly, a revised anti-terrorism law was approved by the Cabinet in October 2012 leading the citizens to hope that a more comprehensive law will be introduced in the Parliament. However, after a delay of nearly two months, the amendment only covers a small portion of the overall Anti Terrorism Act concerning the offences of terrorism financing.

For PILDAT Recommendations to Legislators and a detailed analysis of the Anti-terrorism (Amendment) Bill 2012, please see PILDAT Legislative Brief.