1 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

PICT NEWSLETTER VOLUME 7, 2010 This is the final edition for PICT Uplink for 2010. Best wishes for a safe Christmas and secure New Year from Macquarie University’s Centre for Policing, Intelligence and Counter PICT Round Table Discussion the inclusion of OUA students into all aspects of with DFAT the programs at PICT, and ensuring that there is minimum difference between the experiences and On Thursday the 16th of December PICT staff opportunities offered OUA and other students at participated in a three hour round table discussion PICT. with two senior representatives of the Department of Foreign Affairs and Trade (DFAT) in order to discuss matters of mutual interest. The discussion was wide-ranging and PICT staff were able to advice on their individual areas of research specialisation.

PICT Director Peter Anderson with Peter Shannon, Assistant Secretary Counter-Terrorism Branch, and Sara Goldsworthy, Deputy Vice-Chancellor and Provost Professor Judyth Sachs Executive Officer Counter-Terrorism Branch, DFAT and PICT OUA student Mr Peter Bileckij

PICT Open Universities Australia New Edition of the Journal Student Awarded the Vice of Policing, Intelligence and Chancellor’s Commendation for Counter Terrorism (JPICT) the First Time Published For the first time, Macquarie University has awarded Volume 5, number 2 of the Journal of Policing, the Vice Chancellor’s Commendation to an Open Intelligence and Counter Terrorism (JPICT) was Universities Australia (OUA) student. PICT Masters launched in December, marking the ninth issue student Mr. Peter Bileckij was presented with his of PICT’s academically refereed journal. The latest commendation on November 11 by Deputy Vice- edition of the Journal contains a range of articles Chancellor and Provost Professor Judyth Sachs. To contributed by international specialists on the gain the award a student must have an overall grade areas of intelligence studies, counter terrorism in excess of 75% for all the units of their Masters and policing issues. In this edition Tim Prenzler program. The awarding of this honour to an OUA et al., look at aviation security in Australia post student is in keeping with PICT’s commitment to September 11; Bell and Webster provide a review of Australian maritime security; Josh Hill et al., examine 2 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

the classification of terrorist group events in the Judge. The unit convenor, Stephen McCombie, a ; and Kamarulnizam bin Abdullah argues former police detective who has spent his share of the emerging threats to Malaysia’s national security. time in the witness box, found the moot was a very The Forum section of the Journal contains a set of useful and realistic learning tool, with lecturers and field notes on Hizbullah’s recruitment, training and students both getting into the spirit of the mock organisation by Lebanese academic Ms Mariam trials. He believes practical experience in court Farida. The Journal also publishes academic and presentation of digital evidence, like the moot, is professional book reviews and other important absolutely essential for current and future computer information for all those interested in the field of forensic practitioners. security studies. PICT is happy to announce that from volume 6, number 1, next year, JPICT will be published by the international academic publishing house Taylor and Francis. Among other things, this change will allow JPICT to have a new and stronger online presence, to receive expanded global advertising and subscription, and to be rebranded with a new cover design – so stay tuned for these exciting developments.

Please refer to the end of this issue of UPLINK for a From left: PICT Student Gary Coulart, Bill Dawe QC, Barbara call for papers for a special September 2011 edition Lichti and John Stanhope at a mock trial of JPICT marking the ten year anniversary of the 9/11 terrorist attacks in the USA. North Korea and LTTE Weapons For further information on submitting to the Journal Procurement or on subscriptions please contact the Editor Dr. Shanaka Jayasekara, Julian Droogan on [email protected] Associate Lecturer, PICT made a presentation on Computer Forensic Moot Court Liberation Tamil Tigers of 2010 Elam (LTTE) Weapons As the final assessment for PICT820 Legal Practice Procurement Operation in and Procedure this year, students participated in a North Korea at the Illicit moot court with three eminent lawyers who are also Networks Workshop on 6 lecturers for the unit. The venue was the Law School’s December 2010 hosted by Trevor Martin Moot Court, located in Building W3A the Centre for Room 328. Each student gave evidence related to Transnational Crime Prevention (CTCP) at the a computer forensic investigation scenario which University of Wollongong. The presentation was built up over the semester. For some students highlighted the active involvement of the North it was their first experience of a court room and Korean government in the illegal weapons trade and the challenges of giving expert evidence in court. the process used for import and transfer of weapons They were subject to extensive cross-examination to armed groups and criminal networks. With the on their background, actions in the given scenario, formal defeat of the LTTE last year and the breakup methodology and expert opinion by experienced of all visible signs of the network in Sri Lanka, it is DPP trial advocate John Stanhope. Barbara Lichti, now the group’s extensive criminal networks and former corporate counsel and a compliance illicit funds and expertise that need to be monitored specialist, acted as Crown and former Deputy Senior by the international community. Crown prosecutor Bill Dawe QC was the presiding 3 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

PICT/ISS Major Research Project completed at least four units from their program Completions with an average grade of 70%. For any enquires please contact course convener Dr. Julian Droogan The Centre would like to congratulate the eleven on [email protected] students who successfully completed the Masters Research Project in 2010. This was the strongest year Student Services Update yet for enrolments in the research project stream, with each student completing a major 15,000 word Semester 2, 2010 Results thesis on a research topic of their choice. The diverse Semester 2 results were released on 17 December fields of research covered in 2010 included: 2010. The results can be accessed via eStudent. • The future of NATO’s response to transnational threats, by Herman Dildil. Enrolment Information • East African regionalism in the context of human Enrolment information including the ‘Unit Selection security, by Frederic Naboya. for Enrolment Form’ will be emailed to all continuing and new (accepted) students during the week of 10 • Security threats to the Maldives in the next ten January, 2011. For continuing students the email will years, by Abdulla Phairoosch. be sent to their Macquarie student email account. • The implications of an independent East Timor Please contact the Student Services Administrator, for Australia’s national security, by Chandra Putra Ms Louise Hutchence ([email protected]. Satriadi. au), if you have not received the enrolment information email. • An analysis and evaluation of Darwinian natural security, by Dag Soereboe. Important Upcoming Dates • Radical jihadist ideologies in Indonesia, by • The ‘Unit Selection for Enrolment Form’ should Cecilia Harsono. be completed and returned by fax (+61 02 • The effects of September 11 on EU defence 9850 1440) or email ([email protected]) by policy, by Adeline Seastres. Friday, 4th February, 2011. These forms will be distrubuted early in 2011. • The current threat posed by the PKK as an ethnic terrorist organisation in Turkey, by Fatih • Semester one fees are due by 18 February, 2011. Topyildiz. • Semester one classes will commence on 21 • An analysis of Iran as a hybridised global security February, 2011. challenge, by Graham Leaver. Reminder • An analysis of the threat that JI continues to Please note that PICT802 and PICT817 will be held in pose to regional security, by David Hyssett. Sydney before the commencement of Semester one, • Cyber threats to Australia’s national security, by 2011. The dates for these courses are: PICT817 Crime, Paul Mee. Espionage and Security 31 January to 4 February 2011; PICT802 Terrorism Issues 7 to 11 February The Research Project units are a useful path for 2011. those who wish to explore a particular issue in some depth, gain skills in independent research and thesis composition, or who are considering applying for a PhD program in the future. From 2011 enrolment into the research project units will be limited by a competitive entrance prerequisite, making the program open only to students who have already 4 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

PICT Profile fascinating. I’m also excited about the beach over summer and about catching up on my tan after a Andrew Rogers long winter. Lecturer and Tutor PICT804, PICT801, Conference Reviews PIC820 Andrew Rogers completed 2010 secAU Security Congress, by Dr. his Bachelor’s degree with Robyn Torok an academic focus on The 2010 secAU (Security Research Centre) Security twentieth-century Congress was held at the Duxton Hotel Perth from history and conflict studies. the 30th November to the 2nd of December and During his undergraduate incorporated the following conferences: years, he spent a semester on exchange at Kyung Hee • 11th Australian Information Warfare Conference; University in Seoul, • 8th Australian Digital Forensics Conference; Republic of Korea, where • 8th Australian Information Security he studied the Korean Management Conference; language. Following his passion, Andrew undertook Macquarie University’s • 3rd Australian Security & Intelligence MPICT program, during which his interests focused Conference; around intelligence studies and conflict studies. As • 1st Australian Counter Terrorism Conference. part of his MPICT program, he undertook an internship with Thales Australia, one of Australia’s The congress is in its 11th year and has progressively biggest defence & security contractors. Andrew expanded to incorporate new dimensions. This came to PICT in July 2010 and began lecturing and year was the first to incorporate an Australian tutoring in international politics and political Counter Terrorism Conference. In order to cover all violence subjects. Andrew’s current research these key areas, the congress was divided into four interests are in the fields of maritime piracy and parallel strands: Human Security, Digital Forensics, terrorism, as well as the changing landscape of Critical Infrastructure and Information Security. In international power politics. Andrew is a member of addition, there were a number of prominent keynote the Australian Institute of Professional Intelligence speakers that included Dr, Stephen Martin, Dr., Officers (AIPIO), The Kokoda Foundation, and the Damien Schofield, Dr., Barbara Endicottt-Popovsky Australian Strategic Policy Institute (ASPI). Outside of and Mr Steve Foote. Furthermore, a number of work, Andrew enjoys the outdoors including panel discussions were held, as well as industry camping, rock climbing and the beach, and has been presentations. practicing Tae Kwon Do for about 8 years. The conference was attended by a range of What are you currently reading? My Life by Bill stakeholders including academic researchers from Clinton a variety of domestic and international institutions, police, counter terrorism officials, intelligence What are you passionate about? There are several officers as well as those working in the security things. I’m passionate about family and friends, and field. All those that I spoke to found the conference about being outside. Recently I have re-discovered very informative and enjoyable and stated that the horse riding and hiking. I’m also passionate about material presented represented the cutting edge serving and contributing positively to society. of research and evolutions in the security field. The What are you currently excited about? I have just Human Security strand was by far the most popular started researching and writing a paper on East and attracted the largest number of participants. African piracy and terrorism and have found it However, all strands did come together for the 5 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

keynote speaker addresses, panel discussions and ideological battleground. industry presentations. The general atmosphere The final day started with Steve Foote who spoke of the conference was very collegiate with many about the use of CCTV cameras in London. Many participants not only catching up with old friends were staggered by the number of CCTV cameras in but also making many new ones. the UK. This was a fascinating presentation sharing Day one began with a welcome and then a experiences and insights from the UK in utilising keynote address by former CIA analyst turned CCTV to improve security. Following lunch was a lecturer, Dr. Stephen Martin, on the challenges of panel discussion on the use of CCTV that followed on professionalising intelligence. Dr. Martin spoke from the morning’s keynote address. about parallels between the intelligence and Overall, this was by far one of the best conferences medical communities and how such parallels could that I have attended. It was extremely well organised better inform practice. Following this I attended, and ran very smoothly. In particular, accommodating and was one of the presenters at the morning most participants at the conference location (Duxton session on Human Security. I was most impressed Hotel) greatly facilitated interaction and networking. by the congruence of themes that focused on The standard of presentations was extremely high disengagement issues and the sociology of terrorism and were for the most part grouped very coherently. across a spectrum of populations. Likewise, the All the keynote speakers were well informed and afternoon sessions flowed well, focussing on terrorist interesting. It was a great opportunity to meet operations as well as public perceptions of terrorism. and network with a wide variety of stakeholders The welcome reception at the end of the day was a and to gain multiple perspectives. As an annual great opportunity to network and discuss the day’s congress, it is an outstanding opportunity for all ideas with colleagues. Among the participants that stakeholders in security to get together and be I was privileged to meet was the official counter informed with the latest research perspectives. I terrorism team from the Maldives. would highly recommend this conference for all Day two began with a keynote address on digital stakeholders studying or working in the security forensics by Dr. Barbara Endicott-Popovsky, an field and I am looking forward to the 2011 secAU expert in information systems security and forensics Security Congress, “Building a Resilient Future”, 5 - 7 from the University of Washington. Dr. Endicott- December, 2011, Perth Western Australia. Popovsky spoke about the second key strand, digital The full 2010 congress proceedings of all the forensics, and how this is emerging as an important conferences are available online in PDF format at: new science in policing and security. Following this, http://igneous.scis.ecu.edu.au/proceedings/ was an interesting presentation on the readiness of police to deal with a situation similar to the Mumbai attacks. Following morning tea, I was privileged to PICT Commentary chair the next session on Human Security. Following Australia and : Future Trends in on from yesterday, presentations looked at themes Transnational Crime of disillusionment and resilience as well as the role of social media in radicalisation and terrorism. PICT Associate Professor John Langdale After lunch was a second keynote address by Dr. Australia’s future is intertwined with Asia, particularly Damian Schofield, an expert in digital evidence in with the emerging major powers of China and courtrooms from the State University of New York. India. Much discussion has focused on the positive Dr. Schofield gave an interesting and engaging implications of these developments, such as presentation on how to present digital forensic Australia’s rapidly expanding exports and improving evidence. The afternoon sessions looked at a variety terms of trade (Baar et al., 2010). On the other hand, of Human Security issues including the impact concern is rising over China’s growing foreign policy of counter terrorism laws and the internet as an assertiveness and the future implications of a China- 6 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

dominated Asia-Pacific region. China is surrounded by countries that have major crime and security problems. It is inevitable Here, I focus on the emerging trends in transnational that China will be “infected” by crime from these crime centred on China. It is important not to countries, especially as wealth is rising rapidly in over-emphasise the threats to Australia associated China. China’s rising wealth co-exists with significant with transnational crime in China, since many other levels of inequality, especially in rural regions aspects of Australia’s relationships with China are (e.g., Yunnan and Guizhou provinces adjoining positive. Myanmar, as well as in Xinjiang province adjoining The topic of transnational crime in Asia is difficult Kazakhstan and ). China faces difficult to consider, partly because various governments policy decisions with respect to Myanmar given the do not like to admit that it exists, but also because flood of heroin and Amphetamine Type Stimulants data availability is poor. The United Nations Office (ATSs) across the border. These drugs are trafficked to of Drugs and Crime (UNODC) publishes reports on China, but also through neighbouring Indochinese crime in Asia, which are key sources of information countries to Australia and elsewhere. (UNODC 2008, 2010). In addition, Jane’s Intelligence Similarly, China often functions as an intermediate Review publishes in-depth articles covering stop for illegal shipments from North Korea. The transnational crime in Asia (Black & Davis, 2008). high-profile Banco Delta Asia case in 2005 illustrates However, little is known about the complexity of the complexity of China’s role. In this case, the U.S. illegal trafficking networks in the region. Treasury accused a small bank in Macau of money A key difficulty in coming to grips with globalisation laundering for North Korea and being involved in of the legal and illegal economies is that we are not passing counterfeit U.S. currency that North Korea simply considering the growth of direct linkages was printing (the so-called “super notes”). Some between two countries. For example, rising direct commentators argued that the case was a “warning flows of illegal drugs between China and Australia shot” from the U.S. government to Chinese banks not are important indicators of the importance of the to get involved with illegal transactions associated drug trade. However, the indirect connections are with North Korean trading houses. While Australia possibly the more significant ones, but clearly are was not directly involved in these transactions, the more difficult to come to grips with. case illustrated that Macau (and possibly China) A wide range of indirect linkages are important in was an intermediary for North Korea’s illegal considering transnational crime in China. One that transactions. An earlier incident showed that heroin has grown in importance in the past fifteen years is traffickers aboard the North Korean ship, the Pong the rising importance of global production networks Su, intercepted off the Australian coast in 2003, had hubbed in China. These networks are the key to connections back to Macau (Johnstone, 2010). understanding the massive increase in international China is particularly worried about the domestic trade in the Asia-Pacific region and are particularly situation in Central Asia. This is partly because of important in the information technology equipment the high level of corruption in the region, but also industry. However, their importance is rising because of the heroin trafficked out of Afghanistan rapidly in other industries. Their growth is critical through Central Asia, some of which is destined for in understanding transnational crime in China. For the Chinese market. Furthermore, political instability example, the volume of containers and air freight in Central Asian countries associated with terrorism shipments from key Chinese hub seaports and is a concern for China. Central Asia is acquiring airports is massive and future projections indicate critical importance for China’s land-based energy that growth rates will remain very high. The size of networks (oil and natural gas) and from China’s this trade means that illegal drugs and counterfeit perspective, stability in the region is essential for goods are easily hidden in legal shipments with the its energy security. While the trafficking of Afghan problems likely to become worse in the future. heroin is still relatively small into China, it is likely 7 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

that flows will increase in future and could easily and Rogers point out that drugs are rarely shipped be trafficked onwards to other countries (including now through Hong Kong. However, Hong Kong Australia). Thus China’s success in promoting stability criminals, some connected to triad societies, are still in the region has important flow-on impacts for heavily involved in international drug trafficking countries such as Australia. either as controllers, brokers, financiers, or deliverers. Hong Kong thus functions as a facilitating centre for Globalisation of the legal economy is based on global crime. hubs and networks. Thus global hub cities such as London and New York function as key centres for Australian firms have strong linkages with Southern a wide range of international trade and financial China and these linkages are likely to rise in the transactions. Similarly, in the Asia-Pacific region future. Australian firms have major offices in Hong lesser-ranked cities such as Tokyo, Singapore, Kong and also have expanded to Macau, Shenzhen Hong Kong and Shanghai are key hubs in the legal and Taiwan. Inevitably, Australia is being affected by economy, with a wide range of global, regional and crime in the region and will be affected even more so local networks radiating out of them. in the future. Similar hubs and networks exist in the illegal Macau is of particular concern given that it is a major economy to facilitate trafficking of illegal drugs, centre for money laundering for China. Macau is counterfeit goods, human trafficking, etc. Illegal now the world’s largest centre in terms of casino entrepreneurs need the specialised banking, turnover and while the crime situation has improved, financial, transport, communications and other there are still major problems of corruption, money services that are available in legal hub cities. All laundering, capital flight, illegal drugs and other hub cities in the legal economy play key roles in the forms of transnational crime. A number of high- illegal economy, particularly in the facilitation of profile criminal cases have illustrated the problems illegal transactions (financing, laundering of money, in Macau and these are likely to increase in the etc). future. One of the key hubs for transnational crime Conclusions: We have a poor understanding of the is in southern China (Pearl River Delta, Hong nature of globalisation in the legal economy, despite Kong, Macau and Taiwan). This region is strongly the massive literature on the topic. In particular, connected via international trade, transport (airline), detailed analysis of direct and indirect transactions is telecommunications, and banking and financial lacking, particularly in the service-oriented economy transactions to the rest of the world, the Asia-Pacific in banking and finance and information flows. This region and to Australia. Southern China is one of the lack of understanding is even more extreme in the most dynamic export hubs in the global economy, illegal economy. We have at best limited information although it was hit hard in the Global Financial Crisis. on direct flows of illegal drugs, illegal migrants, The Pearl River Delta is a major exporter of low- counterfeit goods, etc between countries. We value manufactured goods, although it is shifting virtually have no understanding of the complexity up-market into more sophisticated products. The of trafficking networks that criminal organisations region’s manufacturing prowess is reflected in its utilise to move their goods to final markets. This importance as a source for counterfeit goods and lack of understanding costs society dearly since the skills that have been honed in the manufacture law-enforcement agencies readily admit that they of legal goods are easily transferred into the continually play “catch-up” to changes in criminal manufacture of illegal goods as well. trafficking networks. Hong Kong plays a pivotal role in both the legal and It is clear that Asia will play a much more important illegal economies. Hong Kong no longer has a direct role in Australia’s future. This is a very positive role in the illegal economy; rather it plays a role as situation and will enhance Australia’s future a facilitator of illegal trade (Hill & Rogers, 2003). Hill prosperity. However, along with the positive news is 8 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

an “underside” associated with globalisation. It is an The Story of the Asian Conflict Reports uncomfortable fact that the most entrepreneurial The Council for Asian Transnational Threat Research, actors in the global economy are criminals. Our established in the spring of 2005, is a unique product engagement with Asia will bring more illegal drugs, of multilateral engagement and regional networking more illegal migrants and more money laundering among professionals who are engaged in regional and more inwards capital flight. Our understanding and global terrorism and transnational threat of these trends is very poor and unlikely to improve research and analysis. The funding for the CATR has in the near future. been provided by the US Federal government and, • Baar, Milton et al. 2010 Australia, in Asian when possible, by regional co-hosts who sponsor Transnational Security Challenges: Emerging our biannual conferences. As a matter of fact, Trends, Regional Visions, (eds.) Ziemke-Dickens, PICT in Australia was the first regional co-host to Caroline and Droogan, Julian, The Council for provide local funding when it hosted the 6th CATR Asian Transnational Threat Research (CATR), conference in the spring of 2008. Sydney: Centre for Policing, Intelligence and As the CATR membership has grown, with members Counter Terrorism, pp. 151-166 from Afghanistan to Korea and many countries in • Black, Michael & Davis, Anthony 2008 Wa and between, the CATR board of governors decided to peace - The UWSA and tensions in Myanmar, launch an electronic journal to publish members’ Jane’s Intelligence Review, March 1 papers. The Asian Conflicts Reports (ACR) was first published after the Tokyo CATR conference in the fall • Hill, John & Rogers, Ann 2003 Triad societies of 2008. seek increased opportunities as China opens up, Jane’s Intelligence Review, Jan., 22-25 The Asian Conflict Reports consist of a number of essay-style articles authored by region-based • Johnstone, Maurice 2010 Korea criminals - experts who present ideas on new and critical Pyongyang’s persistent illegal activities, Jane’s developments. The intended audience is the Intelligence Review, 16 Sept. global policy community as well as the academic • UNODC 2008 Financial Flows Linked to the Illicit community, and the ACR presents ideas and policy Production and Trafficking of Afghan Opiates, suggestions rather than theory-and-research papers. • UNODC 2010 Patterns and Trends of Published nine times per year, the ACR is widely Amphetamine-Type Stimulants and Other Drugs: distributed to over 1000 senior government, media Asia and the Pacific, Nov. and academic practitioners across the USA, Europe, Asia and Australia. CATR Asian Conflict Reports The ACR is jointly edited and produced by Drs. Kongdan Oh Hassig and Caroline Zeimke-Dickens, The Centre, in Institute for Defence Analyses, USA; Dr. Julian conjunction with the Droogan and Shanaka Jayasekara, Centre for Council for Asian Policing, Intelligence and Counter Terrorism (PICT), Transnational Threat Macquarie University, Australia. Research (CATR), offers you the The last three issues of the ACR include articles on: opportunity to stay July-August, 2010: Includes reports on China, North abreast of current Korea-Iran Nuclear Axis, Muscular Secularism in developments in the Singapore, Wahhabism in Sri Lanka, and Privately security landscape of our region through links to the Armed Groups in the Philippines. latest Asian Conflict Reports (ACR). September-October, 2010: Includes reports on Maoism in India, Terrorism in Japan, Transnational 9 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

Security Threats to Bangladesh, and Secularism vs. existence among different communities within Radical Islam in Bangladesh. Bengali culture. November-December, 2010: Includes reports on the The most important development is the verdict on intensification of ethnic conflict in Burma, Bombs in religion and secularization given by the Appellate Bangkok, Religious Radicalisation in Indonesia, the Division of the Supreme Court, the highest judicial Tehrik-e- in , and Political Instability, body of the country, released on July 28, 2010. The Crime and Radicalization in the Maldives. Appellate Division’s decision upheld the 2005 High Court’s verdict that the constitution’s 1979 Fifth Reproduced below are two recent articles produced Amendment was illegal. The Fifth Amendment for the Asian Conflict Reports by PICT staff and was incorporated into the constitution in 1979; it research students: provided legality to military rule (between 1975 Reinforcing Secularism in Bangladesh and 1979) and dropped the principle of state secularism, inserting certain Islamic values instead. Moinul Khan is a Ph.D. candidate at the Centre for The Supreme Court has now reinstated some of Policing, Intelligence and Counter Terrorism (PICT), the provisions of the original 1972 Constitution, studying the role of radical Islam in Bangladeshi including those that outline the principles of politics secularism. Article 12 of the original constitution This year Bangladesh has experienced three that offered “Secularism and Freedom of Religion” important judicial interventions as part of an will be brought back. It provides that, “the principle attempt to reinforce the inherent secular values of secularism shall be realized by the elimination of Bengali culture. Each intervention is aimed at of - (a) communalism in all its forms; (b) the granting furthering Bangladesh’s counter terrorism efforts by the State of political status in favor of any religion; and hindering the process of Islamic radicalization (c) the abuse of religion for political purposes; in Bangladeshi politics. Bangladesh is the home (d) any discrimination against, or prosecution of to over 150 million people, 88% of whom are persons practicing a particular religion”. In Article 8 Muslim, making it the third largest Muslim (1) of the constitution, which provides for the four majority country. Although between 1999 and fundamental principles of state policy, the Fifth 2005 the country encountered Islamic militancy, Amendment replaced secularism with “absolute including terrorist bombings in 63 out of its 64 trust and faith in the Almighty Allah”. This original administrative districts, terrorist groups have been provision on secularism will also now be restored. largely successfully contained. In addition, after an The court in the observance argued that secularism effective counter terrorism drive, which included means both religious tolerance as well as religious banning Islamic militant groups and arresting their freedom, and that the State must not be seen to leaders and members, Islamic militancy has been favor any particular religion. Rather, it should ensure largely expunged from Bangladeshi politics. Since protection to the followers of all faiths without any 2007, there have been no major terrorist incidents discrimination, including even to an atheist. recorded. The government has also introduced The verdict also paves the way for deleting Clause 2 tougher anti-terrorism laws that empower the of Article 25 that provides the State shall endeavour central bank to freeze the accounts of suspected to consolidate, preserve and strengthen fraternal terror financers and that make terrorism offences relations among Muslim countries based on Islamic liable to tough penalties, including the death solidarity. This means the there is no longer any sentence and life imprisonment. The drive has constitutional obligation to strengthen the external been successful because of a political consensus relations with the Islamic countries on religious that religious militancy is not consistent with wider grounds. The other critical development is the Bengali cultural and must be eliminated. In this restoration of a ban on religious political parties. context, the recent judicial verdicts are reflective According to the original 1972 constitution religious of a legacy of secular tolerance and peaceful co- 10 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

parties were banned, but this was withdrawn in people involved in enforcing fatwa against women. the 1979 Amendment. This ban will now be re- The court decreed that according to the rules of imposed. In October 2009 the present government the constitution no citizens will be subject to cruel, outlawed one Islamic party, Hijb-ut Tahir, on security inhumane and degrading treatment or punishment. grounds. Four other Islamist organizations, Jama’atul The petitioners in the writ filed with the High Court Mujahideen Bangladesh, Harkatul Jihad al Islami, while praying for the directives to stop the cruel Jagrata Muslim Janata Bangladesh and Shahadat-e punishment to women in the name of Fatwa made a al Hikma, were banned in 2005 for their suspected reference to Bangladesh’s international obligations militant connections. under the 1984 Convention Against and Other Cruel, Inhuman or Degrading Treatment However, “Bismillahir Rahmanir Rahim” (in the name or Punishment and the 1979 Convention on the of Almighty Allah) which was inserted through Elimination of All Forms of Discrimination Against the Fifth Amendment will stay in the preambles Women. of the constitution as an introductory remark, but no longer as part of the Constitution. Article 6 of The third development is a judicial intervention the amended constitution identifies the nation on matters of Islamic attires, declaring a ban on as “Bangladeshi” instead of “Bengali” and will the compulsory wearing of the burqa by women also remain intact. In 1988, a second military-led against their will. The High Court on August 22, government, which took over in 1982 and ruled till 2010, issued a suo moto order giving the directive 1990, inserted Islam as the State religion. However to the government to make sure that women are this change will not be affected by the verdict of not under compulsion to wear burqa or religious the court. However, now that the Fifth Amendment dresses at educational institutions and offices. The has been declared illegal it is likely that these later court also ordered government to enforce that amendments will be challenged in court, since one no cultural activities or sports in the educational of the fundamental bases of the constitution will be institutions are restricted in any manner to women the principle of secularism. because of their dress. This High Court order was issued following news reports that students of local The second development is the High Court Division Rani Bhabani Women’s College were not allowed to of the Supreme Court’s new ban on Fatwa. Fatwa is enter the college premises without veils. Earlier, on interpreted as an Islamic decree on local arbitration April 8 this year, the High Court ruled that women or interpretation on aspects of religious law issued must not be forced to wear veils or cover their heads by respected clerics. However, the misuse of Fatwa against their choice while working at public and has regularly been reported in the media and private educational institutions. The court decreed protested by woman’s movements, while many that dress is a matter of personal choice and asked activists argue that this decree has the Secretary in Charge of Education to ensure been used a means of oppressing women. For that women are not harassed by their superiors at example, in the case of extra-marital affairs such educational institutions. decrees often subject women to cruel punishments including caning, whipping, stoning and beating in The ban on the mandatory directives to wear burqa public places. It was alleged in the petitions to the is a landmark in the struggle for women rights in High Court that a number of deaths, suicides and Bangladesh. That dress is a matter of personal choice incidents of grievous hurt of women were reported has now been guaranteed in the constitutional arising from punishments given in Fatwa. provisions as stated in the court order. For many Bangladeshi’s the burqa is considered a foreign In the verdict on July 8, 2010, the High Court (Arabian) outfit rather than an example of general declared illegal all kinds of Islamic custom. Instead, in Bengali culture the sari including those made in the name of Fatwa in and salwr-kamiz are the local dresses which most local arbitration. The court directed the authorities women prefer to wear both in casual and formal concerned to take punitive action against the 11 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

occasions. The High Court’s verdict will have impact powers and continuously hindering them from positively on the choice of dress code for women in performing their constitutional duties. Soon after, a Muslim country where political identity is primarily police arrested two parliamentarians: Abdulla based on Bengali culture and language. Yameen, leader of the People’s Alliance (PA), and Gasim Ibrahim, leader of the Jumhooree Party, These three recent legal interventions of the highest accusing them of treason and bribery. A week judicial court in Bangladesh are extraordinary when later, the Deputy Speaker, Ahmed Nazim (from set against the backdrop of fundamentalism trends the PA) was arrested on charges of corruption. On in some Muslim majority countries, and will likely 11 July 2010 the Supreme Court invalidated the play an important role in promoting secular values legitimacy of the arrests of Yameen and Ibrahim, and women rights in the country. These critical and they were released from custody. The Maldives developments will also have profound implications National Defence Force (MNDF) then took Yameen in the future, as the constitution and laws are being into ‘protective custody’ against his freewill. He was amended in accordance with the directives of the released on 23 July 2010, hours after US Assistant Supreme Court and a change in the government Secretary of State for South and Central Asian Affairs, will hardly make any effect on these amendments. Robert Blake, told journalists that Yameen should A Parliamentary committee on constitutional either be charged or released. Later, in the verdict of provisions has already been constituted in order to a civil suit filed by Yameen, the Civil Court ruled the implement the directives of the Supreme Court. ‘protective custody’ given to Yameen as illegal and Political Instability, Crime and unconstitutional. Radicalization in the Maldives In the middle of this political turbulence, the nation Abdulla Phairoosch is former head of the Strategic is beset by protests and rallies organized by the Development Department of the Maldives Police ruling and opposition coalition parties. The political and is currently a research student at the Centre for situation does not show any signs of improvement, Policing, Intelligence and Counter Terrorism (PICT) instead it is deteriorating. The all-party talks which began on 25 July 2010, with the aim of breaking The Maldives is currently beset by a series of the political deadlock, ended on 2 September worsening security challenges, including political 2010 without reaching a productive outcome, and insecurity, increased domestic and transnational with the ruling-coalition and opposition-coalition crime and a newly emerging religious extremism. blaming the other for the failure. In a late September Yet, no concerted strategy is being implemented to 2010 the Dhivehi Rayyithunge Party (DRP) decided address these issues. to boycott the state-owned media and declined to As an infant , a power struggle is taking further negotiate with the government. place in the Maldives between the executive, the Tensions are increasing not only between the legislature and the judiciary, resulting in growing government and opposition, but also within the political and civil unrest. The People’s Majlis (the ruling-coalition. In April 2010, the Vice President legislature) has passed motions undermining the of the Republic, Dr Mohamed Waheed Hussain powers of the executive; the executive has harassed Manik, who is also the leader of Gaumee Iththihaad the People’s Majlis, challenged the laws, exerted party, openly criticized President Nasheed and undue influence on the judicial system and acted the Maldivian Democratic Party (MDP) for lack of irresponsibly to disrepute the judiciary. political discourse between MDP and its coalition. The entire cabinet, except the President and the As a result, the Minister of Trade and Economic Vice President, resigned en masse on 29 June 2010, Development, Mohamed Rasheed, who belong to citing lack of cooperation from the People’s Majlis Gaumee Iththihaad was dismissed from his post on 9 and corruption within it. They also alleged that May 2010. the opposition-led parliament was hijacking their The situation is expected to worsen, and civil 12 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

violence could flare. Already it is clear that national There are over 25 criminal gangs operating in Malé. development is being adversely affected. This They are highly organized and operate within a well- was clearly evident when some nations issued coordinated system, and are frequently involved in travel warnings for their nationals travelling to the murder, assault and violence (mostly inter-gang). Maldives soon after the political clashes in July 2010. Most of these gangs are also involved in the drug Almost complete economic dependence on tourism trade. About 80% of convicts serving sentences in makes the Maldives’ economy highly vulnerable to jail are drug offenders. Due to lack of proper and such announcements. efficient rehabilitation mechanisms, and severe punishments even for possession of small amounts, To make matters worse convicts are being courted many youths have taken to crime as a career. In a for political advantage by both major political nation with a population less than 400,000, police parties. In order to gain political support and arrested 2,613 persons on drug-related offenses in win the Presidential Election in 2003, President 2008, of which 84.2% were under 33 years of age. Gayyoom gave general amnesty to 72% of the prison The figure in 2009 was 79.5% of 5053 arrestees. population. Another 69 criminals were awarded Being a country with 71% of its population under presidential pardon just a day before ratifying the 31 years of age, and a median age of 22 years, these new Constitution which outlined the boundary on figures depict an alarming situation. However, there clemencies and pardons for convicts. Immediately exists no reliable assessment on understanding the after the change of government in 2008, the new reasons behind the prevalence of the issue. administration also introduced many noxious changes to the prison system, such as permitting The geographic location of the Maldives – not too mobile phones into cells, prohibiting any forceful far from golden triangle and golden crescent – and action against inmates who break the rules, and the its dispersed geographic layout makes it a potential unlawful transfer of inmates to house arrest. This transit point for drug trafficking, especially the empowerment of the inmates caused havoc and transhipments of precursor chemicals or narcotics. destruction in Maafushi Jail (the central prison) when In April 2006, a fishing vessel looking or lobsters the inmates twice torched the building in 2009. On found 1.6 tones of packaged hashish concealed in the second instance, a temporary detention facility a shallow lagoon, well-laid to avoid drifting away had to be established at the MNDF base in Gan due to the water current. Though this is the only Island until the Maafushi Jail could be rebuilt. discovery of this sort so far, the frequent movement of vessels, including luxury yachts, makes the waters Due to scarcity of space in the prisons, over 500 of the Maldives a potential mid-stage point for criminals with pending jail sentences are deliberately traffickers. kept loose in the society. The freed convicts have become a threat to the society and are creating a Islamic extremism and terrorism is also emerging for climate of general fear and distress. The consequent the first time as a security issue in the Maldives. The loss of any fear of incarceration is causing criminals first act of violence committed by extremists took to become more brazen. The national crime rate place on 29 September 2007, when an Improvised is increasing, especially the number of violent Explosive Device (IED) was detonated in Sultan Park, crimes. According to a survey conducted by the a popular tourist attraction in Malé. The blast injured Human Rights Commission of the Maldives (HRCM) twelve tourists: eight Chinese, two Japanese and in 2009, 42.7% respondents felt that the capital, two Britons. It was carried-out by young radicalized Malé, was unsafe to live in, and 38.7% expressed Maldivians who were subsequently found to have hesitation to be on the streets of Malé during the had links with Lashkar-e-Taiba in Pakistan. Violent daytime. Furthermore, 51% attributed the “release defiance demonstrated by radicalized locals at of convicts without enforcing sentences and failure Himendhoo Island in October 2007, when police of the government to take necessary actions against arrived to verify and establish links from the Sultan offenders” as the main reason for the rise in crime. Park blast, casts doubts on the social and religious 13 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

harmony of the Maldives. This bloody confrontation and psychological factors, such as user error or ended with the arrest of 63 persons. naivety. The objective of this workshop is to bring together three distinct groups to encourage Though the government has acknowledged that further collaboration - those who are working on religious fundamentalism is the biggest threat to the researching cybercrime activity, such as phishing security of the Maldives, the HRCM recently raised and malware, those who are working on technical doubts on the commitment of the government countermeasures and those responding to to properly address the issue. There has been no cybercrime. attempt to identify or understand the underlying issues behind the growth of religious extremism in The scope of the workshop is reasonably narrow, to Maldives society. Instead, the government appears ensure a complementary match between capability to be committed to freeing or awarding clemencies and need. Papers should either be empirically to convicts sentenced for being involved in religious or rationally based explorations of problems in violence. In August 2010, the government freed two cybercrime (including case studies), or propose (amongst the three) operatives of the Sultan Park solutions and/or countermeasures to the most blast, upon serving less than three years jail-term, pressing cybercrimes. into an environment where monitoring mechanisms The workshop will be held in Sydney over a period are very weak. of two days and will include academic presentations In order to efficiently tackle the political insecurity of selected papers as well as invited talks from and criminality engulfing the Maldives, policymakers Government and Industry. There will be ample need to address these issues objectively. However, opportunity for discussions during the course of the at present political ambition is superseding the workshop. greater national good. Ill-judged policies on criminal For more details click here management have resulted in unprecedented level of crime, and have established a climate of Safeguarding Australia 2011, 10th fear within the society. Religious cohesion has National Conference traditionally been a hallmark of the Maldives, and 14th – 15th September 2011, Canberra Islam has been practiced in a tolerant and relaxed manner. But a failure to adopt sound policies and The key themes addressed at the 10th national strategies in response to the problematic effects Safeguarding Australia conference will be cyber of globalization is resulting in an increased level warfare, and a ten year retrospective of the 2001 of social dislocation that is tearing the social fabric terrorist attacks. The conference will include strands of the nation. Until recently, political stability has on: National security strategy and policy; Counter ensured that the Maldives has progressed more terrorism in an all-hazards environment; Resilience; quickly than any other nation in South Asia. The Critical infrastructure protection; Business continuity; advent of political insecurity, however, is now Enterprise security, risk and safety. arresting national growth and security. For more details click here Conference Alerts SecAU Security Congress “Building a Resilient Future” Third Cybercrime and Trustworthy 5th – 7th December 2011, Perth Computing Workshop The 2011 secAU Security Congress incorporates 26th – 27th July 2011, Sydney a continuum of new ideas and research ranging Cybercrime continues to be a growth industry, from digital to physical security and from highly assisted by a combination of technical factors, technological solutions to human factors using such as insecure hardware and software platforms, scientific and socially embedded frameworks. The 14 VOLUME 7, 2010 PICT UPLINK NEWSLETTER

Congress aims to draw together competing and between 800 and 1,500 words. JPICT also welcomes complementing areas of security as part of a holistic submissions providing analysis, commentary and engagement with the wider security discourse. This debate on specific topics related to current practices is the first call to submit full academic papers for and concepts in the areas covered by the Journal. the 2011 secAU Security Congress. The following Such contributions should be between 2,000 and conferences will be run in the Congress: 5,000 words. • 12th Australian Information Warfare Conference • 9th Australian Digital Forensics Conference • 9th Australian Information Security Management Conference • 4th Australian Security & Intelligence Conference • 2nd Australian Counter Terrorism Conference For more details click here Contact Details: Journal of Policing, Intelligence Level Two, Building Y3A and Counter Terrorism Macquarie University NSW 2109 Ph: +61 2 9850 1420 Call for Papers: September 11 Terrorist Fax: +61 2 9850 1440 Attacks – Ten Years On Email: [email protected] The Al-Qaeda terrorist attacks on the World Trade Web: www.pict.mq.edu.au Center and Pentagon in 2001 generated and accelerated deep shifts in many areas of global affairs. The field of security, both academic and profession-based, has been particularly affected. 2011 will mark the ten-year commemoration of these momentous events and present an opportunity to reflect on the radical changes that have followed. To mark the conclusion of a decade of transformation, innovation and realignment, the Journal of Policing, Intelligence and Counter Terrorism (JPICT) will publish a special thematic issue. We invite papers examining post-9/11 developments in security theory, policy and practice, evaluating success and failure, and looking retrospectively or towards the future.

Submissions Please email submissions and enquiries to the Editor, Dr. Julian Droogan Phone: +61(0) 2 9850 1425 Email: [email protected] JPICT publishes full-length articles of approximately 6,000 words as well as relevant book reviews of