Blog Posts of Suraj Sazawal

Report: US and EU Must Rethink Counterterrorism Measures that Violate Our Shared Values

 

On May 27, 2009, Anthony Dworkin of the European Council on Foreign Relations published a report, Beyond the "War on Terror": Towards a New Transatlantic Framework for Counterterrorism, that calls on European leaders to recommit to finding common ground with the U.S. on shaping future counterterrorism policies.

After the attacks on September 11, 2001, friction over divergent counterterrorism strategies arose between the United States and European Union (EU).   The disagreements let to practical problems on the battlefield, discord over differing due process and material support laws and muddled the formation of a bulwark counter narrative to the ones offered by terrorist groups.   Many on both sides of the Atlantic view the election of a new administration in the U.S. as an opportunity to reexamine current policies that have hindered the fight against terrorism.  The report urges the U.S. and the EU to define a new era of transatlantic standards for defeating terrorism that incorporates traditional European and American values, such as a respect for international law and due process, including the restoration of the original intent of Common Article 3 of the Geneva Conventions. 

Dworkin strongly advocates for the creation of a "public declaration of principles" on subjects such as torture, extraordinary rendition, and fair trials. This declaration would act as a goodwill gesture to other nations and be the guiding framework for shaping future counterterrorism policies. The report recommends that the EU review its own counter-terrorism principles molded from the variety of views that exist within its member states. According to the report, the principles would encompass "both armed conflict and law enforcement, in recognition of the fact that some fundamental rules should govern state action irrespective of the precise legal qualification of the situation involved." The principles would minimize the debate in determining when the threshold of armed conflict has been met. 

 

(Suraj Sazawal 06/15/09; 0 comments)

Cohen Confirmed as Treasury Assistant Secretary of Terrorist Financing

 

On May 1, 2009, the Senate Banking Committee confirmed David S. Cohen as Assistant Treasury Secretary of Terrorist Financing. He served as Acting Deputy General Counsel and Associate Deputy General Counsel of the U.S. Department of the Treasury during the Clinton administration. Treasury Secretary Timothy Geithner said, "I am pleased to welcome David back to the Treasury Department and am confident that his wealth of experience in both the private and public sectors will enable him to make invaluable contributions to protecting the U.S. and international financial system from illicit finance."

Cohen's prior experience in the General Counsel's Office included working with policy makers to develop and implement the Department's anti-money laundering and counterterrorist financing policies. Cohen received a J.D. from Yale Law School in 1989, and a B.A., magna cum laude, from Cornell University, in 1985.
 
Cohen's new responsibilities include formulating and coordinating the counterterrorist financing and anti-money laundering efforts of the Treasury. The Charity and Security Network has requested a meeting with him to discuss problems with Treasury's system for designating charities as supporters of terrorism and freezing millions of dollars earmarked for humanitarian aid.

 

 

(Suraj Sazawal 05/14/09; 0 comments)

Report: Blurred Lines between Government and NGOs Lead to Surge in Violence Toward Aid Workers

 

An April 2009 policy brief from the Overseas Development Institute's (ODI) Humanitarian Policy Group details the recent escalating  of violence toward aid workers. Providing Aid in Insecure Environments: 2009 Updates continues the findings from a 2006 report but with special attention toward the violent developments in Sudan, Afghanistan and Somalia (over 60 percent of violence toward aid workers occurred in these three countries) and the blurred lines between NGOs and the government actors that drive the violence.

In the 12 years that ODI has been tracking aid worker violence, the 260 humanitarian aid workers killed, kidnapped or seriously injured in violent attacks in 2008 was the highest. The report finds that "the average number of major incidents for each of the past three years (127) represents an 89 percent increase from the prior three-year period, 2003–2005, and a 177 percent increase from the annual average going back to 1997."

Speaking with NGO workers and security personnel in the field, ODI determined that a significant explanation for the surge in violence toward aid workers is the perception (or actual partnerships with government actors) that NGOs are an extension of the greater military agenda. According to the report, "the danger of association with certain governments or armed forces has a particular salience with aid workers, most of whom endeavor to be seen as separate and distinct from political actors and activities." Calling the disassociation between humanitarian groups and political and military actors "sensible and necessary steps", the report concludes that "If the greater portion of international humanitarian aid organizations were able to achieve independence and project an image of neutrality this would surely enhance operational security and benefit humanitarian action as a whole."

This report acts as another reminder why the latest postponement of the USAID's Partner Vetting System (PVS) should be made permanent.  In addition to increasing the likelihood that NGO employees and volunteers will be targeted by militia members or disgruntled local populations, there is a risk that the humanitarian projects selected for implementation will be driven more by political acceptability rather than on need in the crisis area. 
(Suraj Sazawal 05/13/09; 0 comments)

USAID Extends Effective Date of PVS by 90 Days

 

On May 6, 2009, the Federal Register published another announcement extending the effective date of USAID's Partner Vetting System (PVS). It is expected that USAID plans to extend the effective date by 90 days, which will move it to August 4, 2009. The effective date of the rule would have been May 4 had the extension not been implemented.  USAID is still without an Adminstrator.

Further information about the concerns about PVS is available here.
(Suraj Sazawal 05/05/09; 0 comments)

Report: International Grantmaking Expected to Increase Despite Economic Woes

 

In February 2009, the Foundation Center released an encouraging analysis of international grantmaking for 2009 and beyond. International Grantmaking IV: An Update on U.S. Foundation Trends analyzes current and future trends of foundation giving to NGOs supporting international projects and programs. According to the report, despite the global economic downturn, the "prospects for international giving in the near term are less pessimistic" than many had anticipated. This makes removal of barriers to philanthropy caused by counterterrorism measures more important than ever.

Record contributions from large foundations (e.g. Bill & Melinda Gates Foundation and Gordon and Betty Moore Foundation) and generous donations in response to worldwide catastrophes (e.g. the Indian Ocean tsunami, earthquake in Pakistan) led to the highest levels of international giving during the last five years. The report also conducted a survey of 78 public and private foundations finding almost half expect to increase their giving and only 7 percent will reduce total giving in 2009.
 
The entire report is available for purchase on Foundation Center's website.

 

 

(Suraj Sazawal 04/28/09; 0 comments)

Judge Rejects DOJ's Claims of Secrecy in Wiretapping Case

 

On Friday April 17 Judge Walker of the U.S. District Court for the Northern California District ordered the government to meet with attorneys representing the charity, Al-Haramain, and either agree on a protective order that would safeguard classified information, or submit a statement to the court detailing where they agree and cannot agree. Where there is disagreement, each party is required to state their position.

These documents must be filed by May 8. In the order Judge Walker notes that this approach was used successfully in the District Court for the District of Columbia in the Guantanamo Bay detainee cases, saying "The United States has advanced no argument that would suggest a reason why the court's use of a protective order in instant matter modeled on those in use in the Guantanamo Bay would not adequately protect the classified information at issue here."  The Department of Justice has run out of pleas to the Circuit Court, and Judge Vaughn says "the United States should now comply with the court's orders."

A Charity and Security Network article, Appeals Court Says Charity's Challenge to Warrentless Wiretapping Can Proceed, provides background information on this case.

(Suraj Sazawal 04/21/09; 0 comments)

Effective Date for PVS Delayed One Month

 

USAID's controversial Partner Vetting System's (PVS) effective date has been delayed until May 4, 2009.  The Federal Register announced the delay a day before the original deadline on April 3.  The final outcome for PVS remains undecided, but critics still warn that PVS is incomplete, unnecessary and dangerous.

For background information and detailed explanantions of why PVS is a harmful policy that should be rejected, please read the Issue Brief and an article from OMB Watch's The Watcher.

(Suraj Sazawal 04/02/09; 0 comments)

Cohen Nominated as Assistant Treasury Secretary of Terrorist Financing

 

Nominated for Assistant Treasury Secretary of terrorist financing, David S. Cohen is experienced in complex civil litigation, white collar criminal defense, internal investigations and anti-money laundering counseling. Cohen served concurrently as Acting Deputy General Counsel and Associate Deputy General Counsel of the US Department of the Treasury during the Bill Clinton administration. If confirmed by the Senate, Cohen will be at the center of steering policy of terrorist financing related issues.  It remains unclear how his nomination will impact the decisions of Under Secretary of the Treasury for Terrorism and Financial Intelligence, Stuart Levey, who appears unlikely to be removed from his position in the near future.

For more information:
Key Treasury Department Positions Remain Vacant; Holdovers Might Not Be Long-term Appointees

(Suraj Sazawal 03/16/09; 0 comments)

International Commission of Jurists Report Calls for Change in Counterterrorism Laws

 

After a three year investigation of the worldwide impact of counterterrorism laws in 40 countries, including 16 hearings, the prestigious International Commission of Jurists relased a report Assessing the Damage, Urging Action.  It finds that many governments, including the U.S., have "confronted the threat of terrorism with ill-conceived measures that have undermined cherished values and resulted in serious human rights violations."  It calls on governments to re-asses their strategies and not let temporary measures become permanent.  (For links to the full report, exeuctive summary and related documents click here

(Suraj Sazawal 03/02/09; 0 comments)

Key Treasury Department Positions Remain Vacant; Holdovers Might Not Be Long-term Appointees

 

In the last Charity and Security Network Newsletter, we noted that the Under Secretary for Terrorism and Financial Intelligence in the Bush administration, Stuart Levey, was retained by Treasury officials. While this raises concerns about the potential for developing sensible counter terrorism finance policies, it might not be a long lasting situation. The Wall Street Journal reports that the Obama administration's efforts to avoid hiring persons related to the banks receiving bailout funds has slowed down the appointment process at the Department of Treasury. With many positions remaining to be filled, several holdovers from the Bush administration were retained, but the length of their service remains undetermined.

(Suraj Sazawal 02/27/09; 0 comments)