The United Kingdom’s Proscribed Organisations Appeals Commission (POAC) last week rejected an appeal made by the Transnational Government of Tamil Eelam (TGTE) to remove the proscription on the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist organisation in the country. A move, which followed well-established procedure within the British legislation and is indicative of the UK as a nation that has suffered from terrorism has evolved to manage a national security threat, and reduce risk to its public. 

The POAC is an independent court set up by the British Parliament and is headed by a high court judge and two retired senior diplomats. The manner in how Britain deals with counter-terrorism and approaches the complex issue of extremism and violent extremism, will likely offer some insight and valuable lessons for their Sri Lankan counterparts, if they wish to learn.

In October 2020, UK’s POAC found that a 2001 decision to keep the ban on the LTTE was flawed and unlawful, and as a result Sri Lanka considered that the decision may open the door for the LTTE to be delisted. The move shook Sri Lanka’s foreign establishment from its slumber and pushed them to lobby for a change of decision. At the time, senior diplomats said that there was adequate evidence to prove that the remnants of the LTTE and groups aligned with its separatist terrorist ideology were active overseas, and were working to incite violence and destabilise the island. Last week’s decision by the POAC upholds the ban of the terror outfit. Had the United Kingdom lifted the ban on the LTTE, it may have likely impacted its relationship with Sri Lanka, and further tarnish its weak reputation of being soft on terror groups. Given that Britain is struggling to regain its lost reputation as a credible security partner, both in Europe and NATO and in the rest of the world, lifting the proscription on the LTTE would have done little to help British efforts to rebuild its credibility on the security front.  

When the LTTE was proscribed in the early 2000’s it was that the Foreign, Commonwealth and Development Office of the UK had also advised that de-proscription would impact on the UK’s global credibility on counter-terrorism, and continues to strongly recommend that the LTTE should remain proscribed. The LTTE remains a banned organisation in many parts of the world including India. Both Sri Lanka and India have maintained that there are moves to revive the LTTE and have asked many nations to be observant about LTTE-related activities, and fundraising. LTTE linked hackers continue to target Sri Lankan State digital infrastructure routinely, indicating that there is an active element which continues to break the law. Let us hope that such a group of hackers do not infiltrate critical national infrastructure and cause disruptions to state and commercial activities, which would have a destabilising effect on the ground in Sri Lanka. It's not all guns and bombs any more.  

It is learnt that the grounds for appeal of the proscription was filed under four categories; the LTTE is no longer an organisation capable of proscription, there were no reasonable grounds for the Secretary of State to have formed the belief that the LTTE is currently “concerned in terrorism”, that the Secretary of State erred in the exercise of her discretion to maintain proscription, and that the continued proscription of the LTTE is not a necessary, justified or proportionate interference with the Petitioners’ rights to freedom of expression, assembly and association. One of the criteria for proscription under British law relates to the activities of the organisation in question (LTTE) or the individuals comprising the organisation share a common ideology or set of objectives. It is that ideology or those objectives which are sought to be advanced by terrorist means. It is also concerned about such organisations encouraging terrorism to include its unlawful glorification.  In other words, do they promote or encourage terrorism. Going by the countless LTTE-related events, fundraisers that have been ongoing since 2009 in many European, North American and South East Asian states, it is clear that the violence created by the LTTE, including that of using child combatants, suicide bombers, sea piracy and attacks on maritime commerce continue to be glorified, to this day.

As such, the decision by the British POAC is important as, those who continue to glorify suicide bombings, attacking civilian targets, and justify the use of child combatants should not be allowed to regain any measure of legitimacy which may incite them to violence and destruction. What good comes from delisting the LTTE, nothing.