Garth RattrayINTERNATIONAL NEWS networks intermittently air United States concerns that many countries have been tardy in implementing the United Nations (U.N.) Security Reso-lution 1373. At its 4385th meeting on September 28, 2001, the Council resolved that all states shall prevent and suppress the financing and active or passive support of terrorist persons or networks. It further calls upon all states to improve intelligence sharing regarding the movements of terrorists.
Pursuant to Jamaica's U.N. obligations, the Minister of Foreign Affairs and Foreign Trade, Honourable K.D. Knight, tabled Ministry Paper No. 66 on November 25. The Bill (the Terrorism Prevention Act, 2003) is not benign, it will be life-changing in its content and all-encompassing in its magnitude. It can affect all our lives in one way or the other. It has been sent to the Joint Select Committee of the House and Senate for consideration. The Minister has invited the nation to peruse the Bill and to make comments or submit memoranda by December 31, 2003, giving us an opportunity to participate in the legislative process.
ACCESSING THE BILL
In order to access the Bill, you can go on-line to www.moj.gov.jm. Click on 'Legal reform' then 'What's happening'. You will need Adobe Acrobat Reader software (it is available for free from this site) to download the document, 'Terrorism Prevention Act (Part II)'. Alternatively, you could call Gordon House for a hard copy ($400.00). Comments or memoranda may be sent to Mrs. Shirley Lewis, Clerk to the Parliament, Houses of Parlia-ment, 81 Duke Street. P.O. Box 636, Kingston. Comments, and preferably accompanying recommendations, should be clearly stated. Individuals and groups may make presentations before Parliament on the matter.
TROUBLING ASPECTS OF THE BILL
I had to seek my lawyer's assistance in preparing this piece because even a rank layman like me found some aspects of the Bill troubling. For example, anyone may easily be accused of facilitating a terrorist activity if he or she instructs someone in a particular skill whether or not it is actually used to carry out a terrorist act. Skills like flying an aircraft or even driving a vehicle are not excluded.
The Terrorism Prevention Act appears to put everyone on notice against potential terrorism or terrorist activity. It provides that a person may facilitate a terrorist activity whether or not any particular terrorist activity was foreseen or planned at the time it was facilitated or any terrorist activity was carried out or whether the specific nature of the terrorist activity was known. Whereas I understand the international response to 9/11, I nonetheless find this action of the Bill burdensome and a serious imposition on our rights.
Unreasonable onus is also being placed on people who offer property or motorcars for rent. Should any of them be used in what is defined as 'terrorist activities', they will be subject to forfeiture. It also bothers me that financial institutions will be forced (by law) to report and investigate all 'suspicious transactions' (complex, unusually large or inconsistent with your usual pattern), whether the customer is a terrorist suspect or not. Although laws covering drug offences, money laundering and the forfeiture of assets already exist, the new Bill makes it easier to monitor/investigate, accuse and convict someone. A large portion of the (U.N.) Security Resolution 1373 and our proposed Terrorism Prevention Act, 2003, is dedicated to the forfeiture of goods and property.
EXPOSURE TO ABUSE
The Bill appears to threaten the constitutional presumption of innocence, especially considering the grave penalties to which those wrongfully convicted of 'terrorist activities' are liable. The Act exposes us all to abuse and lacks necessary checks and balances. Covert investigations of unsuspecting citizens might well become the order of the day.
Some classify the war on terrorism as World War III since the current conflict involves the entire planet and is de facto a war. U.N. Resolution notwithstanding, as a popular tourist destination we constantly open our doors to vulnerable North Americans and Europeans. We have a duty to protect our guests from the evil scourge of terrorism but we must take care not to oppress, persecute or frivolously prosecute our own people and thus inadvertently facilitate the agenda of terrorists everywhere by oppressing our citizenry.
Dr. Garth A. Rattray is a medical doctor with a family practice.
