09/11 Attaks Effects on International Regulations of Islamic Charities

Abstract

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The thesis addresses the use various security theory frameworks such as the Copenhagen Securitization Theory School Framework (CSTSF) as well as The Risk Management Theory to analyze and understand the Global War on Terrorism Effects on International and National Charities and NGOs Regulatory and or Charities Commissions. The research notes that a variety of securitization strategies and effects of the Global War on Terrorism (GWOT) due to the 11th September 2011 attacks in New York and Washington in the USA on the international regulations of Islamic charities. The thesis presents evidences that GWOT impacts on Islamic Charities could be explained and analyzed through the body of knowledge of Securitization Framework. However the steps taken to combat terrorism financing via charities do not seem to work as the charities are adversely affected. In particular, since the 9/11 terrorist attack, national governments and international organizations, such as the U.N, have worked collaboratively to eliminate global terrorism, which has mainly been associated with radical Islam, but their efforts have not prevented instances Islamic charities have been used as loopholes to terrorism financing. The research establishes that some charities across the world have been clandestinely working with terrorist groups through funds transfer and other forms of material support. As such, governments and international organizations have established measures to crack down on these charities. For instance, the Financial Action Task Force (FATF) is the largest international organization for combating terrorism financing. In addition, governments have also enacted various sanctions against the charities. Banking institutions have also been involved in the fight against terrorism financing through the freezing of funds and assets among other tactics. However, these strategies are not effective. In fact, they paint a bad image on the charities, when in the real sense most of them should be working to help people. IN fact, many Muslims perceive the focus of the U.S. and other Western governments on controlling Islamic charities as unfair and unwarranted by the actual activities of the charities. For this reason, there need to be a coordinated effort among local governments, Muslim donors, NGOs in the field, as well as international organizations to fight global terrorism financing. In essence, governments need to pass laws that specify that any support for terrorism is punishable under the criminal provision. The international community and organizations should recognize and work in conjunction with regional bodies in mediating and supporting the implementation of the international standards to the local context, and in particular, in determining the risks and vulnerabilities of countries to terrorism, as well as the financing of terrorism through charity organizations. The research also identifies that relevant international bodies and institutions that act within their respective mandate and governments need to conduct research with the aim of identifying and removing the various obstacles to national coordination and international cooperation. Further, the research articulates that charities should not be left behind as they should challenge any instances of discrimination by ensuring that Muslim Donors know their rights, including the right to free exercise of religion, the right of free association, and speech, as required by international laws. The research also identifies that donors also need to be briefed about the situation and should have greater clarity on how counterterrorism legislation and measures could be applied to help or hinder humanitarian projects. The research concludes that donors and NGOs along with the respective governments in the sector should be involved in ensuring that donor money is not laundered or channeled to terrorist groups. The research also concludes that national, regional, and international authorities should play their part in ensuring that the funds only help those in need.

CHAPTER 1: INTRODUCTION

1.1. Introduction and Research Context

Since the introduction of Global War on Terrorism post the attacks on the US in September 11th 2001; Islamic Charities; have been faced with unprecedented challenges and impacts in many ways. This thesis provides a review of the range of impacts on Islamic charities as a result of the application of counter terror measures crippling its funds, programs, donors base and overall activities in number of conflict and regions where the global war on terrorism is fought. The thesis argues that impacts of global war on terrorism on Islamic Charities covered a wide range of geographical corners from those Islamic Charities in the USA, United Kingdom, to those Islamic Charities in Saudi Arabia, Kuwait and Qatar which had been affected severely. The impacts of global war on terrorism on Islamic Charities have caused wide range impacts and changes. These shifts were in mainstream public views, foreign policies, academic views, mainstream think tanks, funding policies of global donors, charities regulatory institutions in many countries, private sector such as banking corporations being risk avoiders and even small remittances or hawala companies. Also, the impacts extended to affect directly Muslim communities in many parts of the world specifically in conflict zones such as Palestine, Somalia, Afghanistan, Pakistan and many other regions in the Arab and Muslim World such as Syria and Mali in recent years. The body of policy and law of global war on terrorism have been in course of collision to the body of law and policy of International Humanitarian Law and principles. The financial sanctions of Islamic Charities to operate in "securitized regions" could be argued to hypothesize that securitization theoretical frameworks have been expanded to cover new actors i.e. Islamic Charities.

1.2. Research Questions:What were the effects of the Global War on Terrorism (GWOT) as result of 11th September 2011 attacks in New York and Washington in the USA on the international regulations of Islamic charities?

How such the impacts of GWOT on Islamic Charities in the World, have caused wide range impacts on the ability of Islamic Charities to carry out charity work ?

I argue that GWOT effects and impacts on Islamic Charities could be explained and analyzed through the b...