Barry O'Sullivan (Queensland, National Party) Share this | Link to this | Hansard source

On behalf of the Chair of Parliamentary Joint Committee on Intelligence and Security, I present the committee's reports, Review of the re-listing of Ansar al-Islam, Islamic Movement of Uzbekistan, Lashkar-e Jhangvi and Jaish-e-Mohammad and Review of the declaration of Mosul district, Ninewa province, Iraq. I seek leave to incorporate the tabling statement in Hansard.

Leave granted.

The statement read as follows—

Mr President, I am pleased to present the Committee's report on its review of the declaration of the Mosul district for the purposes of section 119.2 of the Criminal Code.

Section 119.2 of the Criminal Code makes it an offence to enter, or remain in, an area of a foreign country declared by the Foreign Minister.

The Committee is able to review all declarations made under the provisions within the 15 sitting day disallowance period, and this report contains the Committee's findings with respect to the declaration of the Mosul district of northern Iraq.

This is the second time that an area has been declared for these purposes following the declaration of al-Raqqa province in Syria in December last year. Like al-Raqqa, the Mosul district has been declared due to the hostilities of Da'esh in the area.

The Committee supports the declaration and considers it to be well within the scope of what the declared area offence was intended to target.

ASIO's 'statement of reasons' for the declaration provides examples of where Da'esh has committed actions in Mosul that meet the threshold of 'engaging in hostilities' against all of the criteria listed in the Criminal Code.

Among others, atrocities committed by Da'esh in Mosul have included:

• the execution of 13 teenage boys for watching a sports match,

• the mass execution of around 600 mainly Shia inmates at a prison,

• the torture and execution of a women's rights activist, and

• the destruction of many historical and religious sites.

Da'esh has a 'significant and enduring presence' in the Mosul area, which is the 'main base' of its operations in Iraq. Mosul is also a central location for foreign extremists engaging in the conflict in Iraq.

The Committee will continue to monitor the effect of declarations on the actions of individuals over time, including the impact of any prosecutions that take place as a result of the declarations.

The Committee also supports initiatives to counter the propaganda being used by Da'esh to draw young Australians into the conflicts in Iraq and Syria, and considers that sustained effort will be needed by both governments and communities to ensure the facts of the situation in those countries are made known to the persons who are most vulnerable.

Turning to the second report, I am pleased to present the Committee's review of the re-listing of Ansar al-Islam, the Islamic Movement of Uzbekistan, Lashkar-e Jhangvi and Jaish-e-Mohammad as terrorist organisations under section 102.1 of the Criminal Code.

Originally listed in 2003, this is the fifth re-listing of each of these groups. In each case the Committee has supported their ongoing proscription as terrorist organisations.

Ansar al-Islam, the Islamic Movement of Uzbekistan and Lashkar-e Jhangvi have all been involved in recent terrorist acts. This includes two of the ten worst terrorist attacks globally in 2013, on the basis of number of casualties, conducted by Lashkar-e Jhangvi. More than 180 people were killed and around 400 injured in these two attacks.

In the two years between July 2012 and August 2014, Ansar al-Islam claimed responsibility for 53 attacks, including a joint attack with Da'esh in Rabia in December 2013. IMU militants have fought alongside the Taliban, al-Qa'ida, and Tehrik-e-Taliban Pakistan in Afghanistan and Pakistan. It is also reported that IMU pledged allegiance to Da'esh in September 2014.

Mr President, the Committee noted that the re-listing of Jaish-eMohammad is the first to be made under the Criminal Code solely on the basis of 'advocating the doing of a terrorist act'. While Jaish-eMohammad has not been associated with an attack for over five years, the Committee accepted evidence of its ongoing advocacy of terrorist acts through the group's leader, Maulana Masood Azhar.

The Committee also noted recent media reports in India, warning of a possible impending attack by the group.

On this basis, the Committee recommends that the regulations for the re-listing of Ansar al-Islam, Islamic Movement of Uzbekistan, Lashkar-e Jhangvi and Jaish-e-Mohammad as terrorist organisations not be disallowed.

Mr President, I commend the reports to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.