A submission from Mr Patrick Emerton to a previous inquiry emphasised this point and suggested that:. The greater the number of Australians who are involved with an organisation, or whose friends, associates or family are involved, the greater will be the impact — the real legal impact In the past, the Committee has been critical of the listing of organisations with negligible links to Australia, as the listing could have no practical effect.
However, a more serious consideration exists where there are substantial links to Australia. Then the potential impact of the listing on Australians needs to be weighed carefully, especially when the offences under the legislation are tied into a broad range of activity. The department did not have information on the extent of the diaspora, but, on notice, provided the Committee with statistics similar to those quoted from the Australian Bureau of Statistics in paragraph 2.
Asked whether the impact on the Australian community was a legitimate question to consider prior to any listing, the departmental officer did not dispute it. The PKK is fragmented and its overall aims are likely to generate broad sympathy among large numbers of Australians, not only people of Kurdish background. The offences under the Criminal Code do not require that there be a direct link between the actions of a person and actual terrorism.
The objective of advancing Kurdish rights is likely to be shared by a large number of Australians. However, as no link to any terrorist act is required, and given the broad range of associated offences, virtually any support in relation to these objectives leaves Australians open to prosecution. Thus the proscription of PKK could have a potentially devastating impact on communities in Australia , and could have a disproportionately negative impact on Australians of Turkish or Kurdish origins.
I have spoken to people who are on management committees of community organisations and to Kurdish people who are heavily involved in their communities. They see the level of oppression happening in so called Western democratic countries such as, for example, Germany and the UK. At the hearing, the Committee sought further information on whether there are any Australian links with the PKK either though membership or financial or other support.
Whether or not this is the case for the PKK, the Committee notes that some terrorist organisations make no distinction between the political and military wings of the organisation so that they can maximise fundraising.
This may well indicate that the listings are working well. Australian interests have been defined for the Committee in previous reviews in terms of threats of harm to Australians travelling into the area of operation of a terrorist organisation or dangers to Australian businesses or trade in such places or threats to Australians in Australia.
There have been no attacks on Australian businesses either deliberately targeting or inadvertantly affecting Australian business in Turkey. The Department of Foreign Affairs notes that there are considerable links between Australia and Turkey through the migration program that began in The Census records 29, Turkey-born migrants and overall community size, including second and third-generation, as 54, Other estimates suggest the Turkish community in Australia could be as large as , people.
Of these, according to the Australian Bureau of Statistics, 4, are Kurdish. Many of these people presumably return to Turkey on a regular basis.
There is also an unspecified level of tourism to Turkey, as increasing numbers of Australians have travelled to Turkey to visit Gallipoli in recent years.
We advise you to exercise a high degree of caution in Turkey because of the high threat of terrorist attack. We continue to receive reports that terrorists are planning attacks against a range of targets, including places frequented by foreigners. Domestic terrorist groups some with links to international terrorists have carried out attacks in Turkey. Further terrorist attacks in Istanbul, Ankara and other cities and tourist areas may occur.
We advise you to reconsider your need to travel to rural areas in the border region between Turkey, Syria, Iraq and Iran at this time due to the unpredictable security situation. If you do decide to travel, you should exercise extreme caution when you are in this region.
In a detailed statement on security and terrorism, the department draws attention to the existence of the PKK in the border regions between Turkey and Iraq and Syria. The threat is described as a generalised one against foreigners and western tourists, not one specifically directed at Australians.
The Committee notes that, of the terrorist incidents listed in the statement of reasons, two have affected foreign tourists, for one of which the PKK denied responsibility. ASIO responded that since eight PKK attacks appear to have been specifically directed at tourists, [and] 25 further attacks have targeted public places. At the hearing, officers from ASIO were asked to explain how a listing would assist in the protection of Australian assets or personnel overseas.
The Committee asked whether there had been any violent actions taken by Australians of Kurdish origin in Australia. Since , protest activity had been peaceful. At the hearings, the Committee asked witnesses whether any action had been taken as a result of this listing. The Committee was advised that there have been no prosecutions over the provision of funds to the PKK. It has recently added the name Kongra Gel to the listing. Since the capture of Abdullah Ocalan in , the overtures of the Turkish Government for EU membership and the war in Iraq, there has been considerable change in the activities of the PKK and the response of the Turkish Government and the security forces.
A ceasefire was called for by the gaoled leader of the PKK in and it would appear to have had some effect up to June when the ceasefire was formally ended.
However, between and official figures state that the security forces in Turkey killed 23, guerrillas, 3, were captured and 2, surrendered. Given that there is a safe haven and training camps in northern Iraq for hardline PKK rebels, the Turkish government has sought a resolution through tripartite talks between the Kurdish authorities in Northern Iraq, the US administrators and itself.
These are continuing. The rapprochement towards the Kurds inside Turkey by more liberal policies and cultural recognition appears to have added to the preparedness of Kurds to accept integration rather than separation and it has undercut support for the more radical position.
The situation would appear to be at a delicate stage in terms of finding a resolution to a century old conflict and a thirty year old insurgency conducted on both sides with bitter savagery.
The Committee has expressed concern in past reviews about intervention by outside forces in complex internal conflicts which pose no direct threat to Australia or Australians and which rightly should be, and can only be, resolved by negotiation between the parties.
Submission No 2 to this review put it to the Committee:. I believe that the listing of this organisation is not necessary in order to protect the public from any politically and religiously motivated violence in Australia.
More importantly, there are a large number of Australians of Kurdish origin and the historical experience of these people means that many of their grievances are real. The Combined Community Legal Centres make the point that, in future, with the banning of the PKK, refugee claims would expose the claimant to prosecution. Claims of persecution due to real or alleged association with the PKK or related organisations will expose refugees and asylum seekers to criminal prosecution for membership or a number of other serious offences related to a proscribed organisation.
Simple proscription of an organisation fails to take into account the sort of complex circumstances [investigation into a persons individual circumstances regarding past activities], and could place asylum seekers at risk of being unfairly denied refugee status and returned to a situation of serious danger despite having played no direct or indirect part in terrorist activities. Australia has obligations under international law to protect refugees.
However, those granted refugee status in Australia have obligations to comply with Australian law. Past associations cannot be used to justify funding and support of terrorist organisations. Hon David Jull , MP. Subsection Classified transcript, Private hearing 2 May , p. Given the very broad definition of terrorism in the Criminal Code. In-camera transcript, private hearing 6 February , p.
Classified transcript, private hearing 6 February , p. The US State Department states its establishment as See the statement of reasons, paragraph 2. Classified transcript, private hearing 6 February , pp. ASIO supplementary submission, 2 March , p. ASIO supplementary submission, 2 March , pp. Australian Parliament House is currently closed to the public. At a hearing in May , ASIO explained to the Committee that: They are taken as a whole; it is not a sort of mechanical weighting, that something is worth two points and something is worth three points.
The listing of the PKK 2. Objectives The PKK's aims and objectives have evolved over time and have ranged from the separation of Kurdistan from Turkey , Syria , Iraq and Iran , and the creation of a Kurdish federation in the Middle East , to the establishment of an independent Kurdish state in south eastern Turkey. Leadership and membership Abdullah Ocalan, although currently serving life imprisonment in Turkey , is still considered the leader and figure-head of the PKK.
Terrorist activities Recent terrorist activities ascribed to the PKK, or for which it has claimed responsibility, include: July - Eight Iranian soldiers were killed in a raid on an outpost in Shinava , Iran.
June - Three Turkish security personnel were killed during an attack in Hatay Province , Turkey. Explosive materials were also found with the terrorists.
Approximately six people were killed and 12 injured. Some media reported that the TAK had claimed responsibility. Turkish police attributed the attack to the PKK, although they denied responsibility.
The TAK claimed responsibility. Turn on more accessible mode. Turn off more accessible mode. Skip to main content. This site will be unavailable from 8. We apologise for any inconvenience. Australian National Security. Home Media and publications Security and your community Terrorist organisations Currently selected What Australia is doing. PKK also attacks on civilians and diplomatic and consular facilities.
PKK is also involved in extortion, arms smuggling, and drug trafficking. Turkey's tourism industry, economic infrastructure, educational Institutions, teachers, hospitals, public and private enterprises particularly in southeast Turkey have been the main targets of PKK terrorists. It uses a wide range of method to carry out acts of terror ranging from attacking infrastructure, various facilities, schools and ambulances, kidnapping nurses, customs officials to using cyanide to poison drinking water supplies; and engaging in unconventional tactics, assassination to drive-by shootings, executing uncooperative civilians, ambushes, kidnapping etc.
Until PKK found a safe haven in Syria. He is now serving life sentence in a prison in Turkey. Following the power vacuum in the north of Iraq after the Gulf War, PKK established camps in various points around the Qandil Mountain where they receive training and infiltrate to Turkey to carry out attacks.
In a number of European countries there are ongoing investigations and court cases related to financing of PKK terrorism. In a major European country, the number of court files related to PKK related illegal activities exceeded five thousands.
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