The Protect Duty: A Step From Reactive to Proactive Counter Terrorism
Anil Puri CMD, APS group A thought leader and an action catalyzer rolled into one – Anil Puri is a rare combination of a visionary, and one who has mastered the art of strategic and tactical thinking to the core. He has been using this combination to seed new ideas and to lead them to their implementation onground. This has been a consistent feature of his career. He has rich experience of approximately 35 years in corporate in diverse domains & from functional managerial level to apex as chairman of a corporate group. His acumen for handling crisis management has prompted him to share his exclusive and niche experiences in past through the series of articles. Here he will be discussing the Counter Terrorism. The topic in specific here is – the ‘Protect Duty.’ The proposed legal framework currently under process of consultation before implementation in UK. His analysis goes on to decipher the implications for stakeholders in UK & its global ramifications with particular reference to the cues Indian PSI can pick from ‘Protect Duty.’ Introduction The terrorist threat is multifaceted, diverse, and continually evolving prominently with global footprints. Most prominent amongst these the tragic events of 9/11 and 26/11 which forced the nations to consider the threat of terrorism seriously. Stringent procedures were evolved and enforced yet the perpetrators of terrorism find new ways & newer technologies to beat the security system. The new millennial fundamentalists have beaten all the traditional security systems hollow. The incidents of the terrorism have risen exponentially world over. They have used internet for creation of fake IDs, digital banking for financing, hacking of data & telecom devices for communication and GPS to navigate into unchartered territories to their optimum advantage. The police, private security services, counter terrorist forces and public at large do all they can to combat this threat but the acts of terrorism continue unabated. Since March 2017 UK police and security services have foiled 27 plots, including eight motivated by Right Wing ideologies. Since terrorists enjoy the freedom of selection of target & time of strike coupled with the most decisive factor – the element of surprise – it will never be possible to stop every terrorist attack despite best planning, preparation and response matrix. The terrorist attacks in UK, particularly since 2017, have resulted in colossal loss of lives and casualties amongst common people going about their everyday routine business, often in open, public places; and have changed the lives of many people. What is non-debatable is that the first duty of any Government is to protect the public. The Government in UK has come forward to improve the safety and security of public venues, as outlined in the 2019 General Election Manifesto of the Conservative Party. The proposals are based around the set of safety and security protocols known as ‘Martyn’s Law,’ developed as a result of the Manchester area attack in 2017. The proposals have been open to consultation for 18 weeks till 25 July 2021. This consultation considered how all stakeholders can work together to develop proportionate security measures to improve public security. It also considers how those responsible for publicly accessible locations are ready and be prepared to take appropriate action, if terrorist attacks were to happen. UN Guiding Principle 1 I t will be of relevance to quote that the United Nations Human Right Council (UNHRC) unanimously adopted the UN Guiding Principles in 2011. The first pillar of the UN Guiding Principles on Human Rights (hereinafter UN Guiding Principles) underscores that the duty to protect human rights lies with the state. Under international law, states are obligated to respect, protect and fulfill human rights. In practice; “States must protect against human rights abuse within their territory and/ or jurisdiction by third parties, including business enterprises. This requires taking appropriate steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulations and adjudication.” Protect Duty – Definition and Status It is the name given to the UK Govt’s legal initiative to improve protective security and safety at public spaces and events under which the Govt intends to set out a legal framework for ‘publicly accessible locations’ to ensure that they are prepared for and protected against terrorist attacks. The current status is that the proposed legal framework is under consultation till end July 2021. Government is working with all stakeholders including public, private, outside organizations and counter-terror police in order to seek views on exactly: Who the Protect Duty should apply to? What will be required of stakeholders? How compliance should work? How is a ‘publically accessible location’ defined? Publicly accessible locations are defined as – ‘any place to which the public has access, on payment or otherwise, as of right or by virtue of express or implied permission’ and they include – retail stores, shopping centres and markets, transport hubs, commercial ports, schools and universities, medical centres and hospitals, hotels, pubs, clubs and casinos, sports stadium, music venues, festivals and visitor & tourist attractions, places of worship, Government offices, including town halls and job centres, high streets, public squares, parks and beaches. Publicly accessible locations would be split into sectors including health, education, retail, leisure, faiths zones and individual sites. Private venues such as places of employment or other locations where there is no public access are not intended to fall within the scope of the Protect Duty. What Protect Duty law will require from owners of public and private places? This new law would require venue operators to consider the risk of a terrorist attack and take proportionate and reasonable measures to prepare for and protect the public from such a terrorist attack. In essence there are five elements to it: To engage with freely available counter-terrorism advice and training. To conduct vulnerability assessments of their operating places and spaces. To mitigate the risks created by the vulnerabilities. To have a counter terrorism action plan. To plan for the threat of terrorism including enforcement of stringent physical security…