Do our efforts to combat regional terrorism counter our efforts to be a strong democracy? How can democratic mechanisms effectively challenge terrorism? By Tikvah Feiglin

Understanding the threat of regional terrorism A changing, ‘asymmetric’ threat Loose network, independent of n.states Not limited by moral conventions nor responsive to conventional deterrents or negotiation - extreme ideologies Globalization - geographic borders are irrelevant, interests abroad are at stake (eg. Trade, traveling citizens and quest for peace) Where it comes from Islamic fundamentalism - common ideology of regional terrorist groups Aspects include: all aspects of society ruled by Islamic law, demonizing the West especially Israel and America, uncompromising and extremist Terror is usually a way to threaten places like Australia for their foreign policies and actions. Where it comes from Islamic fundamentalism - common ideology of regional terrorist groups Aspects include: all aspects of society ruled by Islamic law, demonizing the West especially Israel and America, uncompromising and extremist Terror is usually a way to threaten places like Australia for their foreign policies and actions. Eg. Bali bombings were a way of warning Australia, America and the West (by targeting tourists) in general to take troops out of Afghanistan.

Jemaah Islamiyah Main terrorist threat within southeast Asia Perpetrators of the Bali bombings in the early 2000’s The threat of terrorism in SE Asia has been around for most of 20th century, increasing at the turn of the century. Background Aim: to create a regional Islamic empire (including countries such as Indonesia, Malaysia, the Philippines) Established: 1993, offshoot of Indonesian militant Islamist movement from 1940’s. Connected to the al Qaeda as of late Leaders of both movements made contact, intensifying their terrorist edge. Recruiting, training, indoctrination, financial and operational links exist with other militant Islamist groups. Increasing depth of resources and broader global reach. Background Aim: to create a regional Islamic empire (including countries such as Indonesia, Malaysia, the Philippines) Established: 1993, offshoot of Indonesian militant Islamist movement from 1940’s. Connected to the al Qaeda as of late Leaders of both movements made contact, intensifying their terrorist edge. Recruiting, training, indoctrination, financial and operational links exist with other militant Islamist groups. Increasing depth of resources and broader global reach.

Impact of regional terror: threat to Australian interests Regional economic volatility, instability, persecution and poverty results in refugees and illegal migration to Australia Social impact - increased xenophobia, possible alienation of refugees within society National security made vulnerable by possible infiltration of terror network within Australia Interests abroad are at stake - alliances, geopolitical balance and the economy Trade with southeast Asia is undermined National security made vulnerable by possible infiltration of terror network within Australia Interests abroad are at stake - alliances, geopolitical balance and the economy Trade with southeast Asia is undermined

Countering the threat According to Alan Dershowitz in his book, Why terrorism works, terrorism must be countered in both long term, broad approaches, as well as a number of small steps to control its impact at a more local level. In both cases, the course of action must remain consistent with moral and legal democratic values. This is the biggest challenge terrorism poses to Australia's democracy: how we respond within democratic guidelines. Broad approaches to counter terrorism on a long-term basis include: Deincentivize acts of terrorism, making it a losing proposition Deterring acts of terrorism and those who benefit from it. Decapacitating apocalyptic terrorists inspired by religious zealotry This relies on international cooperation within the global community, particularly ties with USA. With regard to Australian democracy, these approaches mostly depend on Australian bilateral and international diplomacy.

Countering the threat within the region As a strong regional player, Australia should engage in bilateral and regional diplomacy. Eg. ASEAN provides a forum for awareness raising, information exchange, capacity-building, and regional coordination and cooperation for long term counteraction of terror. As a strong regional player, Australia should engage in bilateral and regional diplomacy. Eg. ASEAN provides a forum for awareness raising, information exchange, capacity-building, and regional coordination and cooperation for long term counteraction of terror. Small-scale approaches to counteract the threat of terrorism include: Controlling the movement of people into and out of the country Extending intelligence - infiltration of political organizations sympathetic to terrorist goals; increased surveillance of terrorist suspects It is important to also have measures in place to hold government actions accountable to democratic values, specifically protection of democratic rights of privacy and freedom, as well as rule of law and legal equality.

How to preserve democratic values in the face of terror Prevent government overreaching through trial by jury and open trial. Military tribunals Right to defense counsel Strengthen the mechanisms we have in place to implement values such as rule of law, government accountability and protection of rights:

Is border security a threat to democracy? Asylum seekers and illegal immigration requires tight, orderly border security. HOWEVER! There is blatant lack of human rights protection in dealing with the issue of asylum seekers. Democratic values that have been breached in the treatment of asylum seekers : Right to not be subject to indefinite detention, degrading treatment or cruel punishment. Right for child asylum seekers- detention must be the last resort. Mandatory, unreviewable, indefinite detention no open to legal challenge - govt accntbility? Also a legal right in itself >Particularly because asylum seekers come from areas where extremist ideologies and terror are prevalent - increased risk of infiltration of terrorist networks (or at least Islamic fundamentalism) into Australia. This is terribly UNDEMOCRATIC. We need to deal with the issue without compromising our values.

Is intelligence gathering a threat to democratic rights? Intelligence is vital to effectively counteract terrorism - in protecting Australia on the home front and in raising awareness and preparedness. Counter-terrorism Legislation includes: new criminal offences, new detention and questioning powers for police and security agencies, new ways to control people’s movement and activities WITHOUT criminal convictions. PROBLEM: these laws can have profound impact on fundamental democratic freedoms. Right to fair trial Right to privacy Freedom of movement, association, assembly, expression, thought, religion. Right to non-discrimination Equal recognition before the law. PROBLEM: these laws can have profound impact on fundamental democratic freedoms. Right to fair trial Right to privacy Freedom of movement, association, assembly, expression, thought, religion. Right to non-discrimination Equal recognition before the law.

If matters stay as they are with regard to countering terror, Australia's strength as a democracy will wither away. Australia must USE and strengthen democratic mechanisms such as government accountability through legislative and popular scrutiny, judicial review,and legislation for human rights protection to enhance intelligence and border security to resist terrorist impacts or threats. This is the only effective way to simultaneously combat regional terror while strengthening democracy in Australia. Conclusion National issues relating to regional terror result great weaknesses in our democracy!! How could we fix it? A few ideas: Introduce legislation for minimum standards of conditions and treatment of detainees. Introduce a comprehensible Human Rights Act, Better protection of Human Rights in the Constitution Legislation for better protection of people who face persecution in their home country. Controversial suggestion: repeal mandatory detention laws Definitive democratic guidelines for all legislation. National issues relating to regional terror result great weaknesses in our democracy!! How could we fix it? A few ideas: Introduce legislation for minimum standards of conditions and treatment of detainees. Introduce a comprehensible Human Rights Act, Better protection of Human Rights in the Constitution Legislation for better protection of people who face persecution in their home country. Controversial suggestion: repeal mandatory detention laws Definitive democratic guidelines for all legislation.