Breach of anti-terror law by World Vision Australia

Summary
The Charter of the United Nations Act 1945 (“the Act”) creates an offence, under section 21, for an individual or corporation to directly or indirectly make an asset available to a proscribed person or entity. The Popular Front for the Liberation of Palestine (“PFLP”) is a proscribed terrorist organisation listed by the Australian Government under the Act (Items 286, 286d, 287 & 287a of list of proscribed entities). World Vision Australia, an Australian Public Company (ABN 28 004 778 081), (“World Vision”) is providing financial aid to the Union of Agricultural Work Committees (“UAWC”) located at al Nasser St, in the Hamas controlled Gaza Strip. This financial aid is admitted to be at least $US711,000 out of A$5 million, 5 year current budget and was proceeded by a previous 5 year budget of $4 million to bring total funding to $4.7 million. World Vision has continued to provide financial aid to the UAWC despite Shurat HaDin warning it of the UAWC's terror links. Shurat HaDin (The Israel Law Centre) has obtained substantial evidence that the UAWC is in fact an arm of the PFLP. In particular, we have evidence that the UAWC: a) was established by the PFLP; b) is controlled by senior PFLP operatives; c) makes its assets available to the PFLP; and d) acts in coordination with and to advance the interests of the PFLP (including active involvement in PFLP political activity). Our legal view is that by providing financial aid to the UAWC, World Vision is directly or indirectly making assets available to a proscribed terrorist entity in breach of section 21 of the Act.

Brief of Evidence
The evidence supporting each of these four propositions is as follows.

Establishment
It is well accepted that the UAWC was established by the PLFP:  The US government aid agency, US AID, identified the UAWC as the agricultural arm of the PFLP in a detailed report by its Democratic Institutions Support Project entitled “Palestinian Institutional Configurations in the West Bank and Gaza under Four Autonomy Scenarios” in May 1993, noting that the UAWC was established by the PFLP in 1986. This report is attached as Annexure 1.  Note that the health & women's committee arms of the PLFP identified by above report (Union of Health Work Committees & Union of Palestinian Women's Committees) are still linked on the front page of the PFLP English website. Source: http://pflp.ps/english/  Even sources sympathetic to the UAWC acknowledge that it was established by persons associated with the PLFP. Building a Palestinian state: the incomplete revolution; Glenn E. Robinson, 1997, p. 54 1 of 9 16:21:06 29/03/12

Control
Control of an organisation is exercised through an organisation's President and Board of Directors. Details of each of the UAWC Directors with identified links to the PLFP are set out below. UAWC President: Bashir al Kheiri Bashir al Kheiri (aka Bashir Khairy) (born 1942) has been President of the UAWC Board of Directors since at least 2005. Sources: Bashir Khairy has signed the President's message in the 2005 – 2009 UAWC Annual Reports (note 2007 report is dead link & 2009 is latest available on the UAWC website):  2005 Annual Report of the UAWC at page 4. This report is attached as Annexure 2  2006 Annual Report of the UAWC at page 7. This report is attached as Annexure 3  2008 Annual Report of the UAWC at page 2. This report is attached as Annexure 4  2009 Annual Report of the UAWC at page 8. This report is attached as Annexure 5 He is also reported as being a UAWC director on 5 June 2010. Source: www.zoominfo.com/#!search/profile/person?personId=163471647&targetid=profile He can be seen here (3rd from right) with other UAWC directors in photo from UAWC website describing Board elections in 2008: Source: 74.50.79.174/activities_imgs/elections08/8.jpg

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He can also be seen here (on right): Source: www.noozhawk.com/images/uploads/053011-Lawton-630.jpg

Bashir al Kheiri, PLFP Links Bashir al Kheiri is a well known and senior member of the PFLP head of the PFLP Political Office in Ramallah, with a long record of arrests & gaol time in Israel for terrorist involvement and still actively representing the PFLP as recently as January 2012. The publicly available evidence of this over the last 10 years is set our below. a) “Israel Arrests Three Prominent PLFP Officials” including “Bashir Al-Khari (60)” (27 August 2002) Source: www.kuna.net.kw/ArticleDetails.aspx?id=1278200&language=en b) “The Israeli forces on Tuesday arrested 11 Palestinians in the course of a campaign of arrest that covered on Tuesday Ramullah and Baqa al-Gharbeyah and Qalqilya. Among the arrested Palestinians is Ali Jaradat the official spokesman of the People's Front for the Liberation of Palestine and the member of its political bureau Bashir al-Kheiri.” (28 August 2002) Source: www.arabicnews.com/ansub/Daily/Day/020828/2002082813.html c) “At the age of 6, Bashir Al-Khairi was expelled from Ramle when the Israeli invaded in July 1948. He is (2002) head of the political bureau of the Popular Front for the Liberation of Palestine.” Source: cosmos.ucc.ie/cs1064/jabowen/IPSC/php/authors.php?auid=11212 d) Video of “Bashir Al-Kheiri, member of PFLP leadership” speaking at Hamas Rally in Ramallah, Al Jazeera TV (Qatar), 23 September 2005 calling for conquest of cities in pre-1967 Israel. Note: free registration & login required for video. Close up video shows same man as photos above. 3 of 9 16:21:06 29/03/12

Sources: www.memritv.org/clip/en/866.htm www.amitiesquebec-israel.org/texts/television.htm e) “PLFP member Bashir al-Kheri was seriously injured when his left shoulder was broken” by palestinian security forces during protest on 10 January 2008. Source: electronicintifada.net/content/pa-uses-force-disperse-peaceful-bush-protest-ramallah/3309 f) Bashir Al-Kheiri's 2011 arrest by Israel in 2011 noting both his chairmanship of the UAWC and him being one of the first row of leaders of the PFLP. (1 May 2011) [Translated from Arabic using google translate] Source: www.al-ayyam.com/article.aspx?did=165008&date=7/2/2011 g) A delegation of “a number of ex-detainees, including fighter and leader Bashir Khairi” represented the PFLP in a meeting recorded on PFLP website (15 January 2012) [Translated from Arabic using google translate] Source: www.pflp.ps/news.php?id=889 UAWC Vice President: Jamil Muhammad Ismail al-Majdalawi (aka Jamil Ismail) Jamil Muhammad Ismail al-Majdalawi (aka Jamil Ismail) is listed as the UAWC's Gaza based Vice President on page 5 of UAWC 2009 Annual Report. He can be seen here (on right at ribbon) with other UAWC directors in photo from page 29 of the UAWC 2009 Annual Report:

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He can also be seen here: Source: http://safaimages.photoshelter.com/image? &_bqG=0&_bqH=eJzL9Sl0LnCsMiuoDLaoqDBMCktNDHNMyXEJKva0MrQyNbAyNAACK89 4l2BnW6_E3Mwcbd_ErJTEnMTyTDWwaLyjn4ttCZAdGuwaFO_pYhsK0pFYEJSWlVPumBGfrx bv6BxiW1pcFJyaWJScoeYOUuQOUuRomJyVamFZWBycDACcKisk&GI_ID=

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Jamil Muhammad Ismail al-Majdalawi: PLFP links Jamil Muhammad Ismail al-Majdalawi (aka Jamil Ismail), is also a well known and senior member of the PFLP, head of the PFLP political office in Gaza and represents the PFLP on the PLO central committee. He is recorded as still actively representing the PFLP as recently as January 2012. The publicly available evidence of this over the last 8 years is set out below. a) Jamil Muhammad Ismail al-Majdalawi is a leading member of the PLFP and a member of the Palestinian Legislative Council. He is one of the PFLP's two representatives on the PLO Central Commitee, and the head of their Political Office based in Gaza. He was one of their three deputies elected to the PLC in 2006. Source: en.wikipedia.org/wiki/Jamil_Majdalawi b) “In a telephone interview from Gaza, Palestinian Front for the Liberation of Palestine (PFLP) veteran Jamil Al-Majdalawi told the Weekly ...” (June 2004)

Source: weekly.ahram.org.eg/2004/694/eg3.htm
c) "'Why talk to each other in Cairo when we've already done that in Gaza,' Jameel Al-Majdalawi of the Popular Front for the Liberation of Palestine (PFLP) told Al-Ahram Weekly.” (May 2008) Source: weekly.ahram.org.eg/2008/895/fr2.htm d) “Jamil Al-Majdalawi, who is a politburo member of the Popular Front for the Liberation of Palestine (PFLP), is optimistic about Arab intervention.” (September 2008) Source: weekly.ahram.org.eg/2008/915/re51.htm e) “Jamil Al-Majadawi, member of the politburo of the Popular Front for the Liberation of Palestine (PFLP), called on Palestinian factions across the spectrum to support the upcoming September move.” (September 2011) Source: weekly.ahram.org.eg/2011/1065/re4.htm f) Photo of Jamil Muhammad Ismail al-Majdalawi speaking at PFLP 44th anniversary rally in Dec 2011. Source: http://pflp.ps/english/2011/12/pflp-celebrates-44-years-see-photos/ f) “Comrade Majdalawi denounced the arrest of Dr Aziz Dweik ... Comrade Majdalawi is a leader of the Popular Front for the Liberation of Palestine and a member of the Palestinian Legislative Council” (PFLP website, 22 January 2012) Source: pflp.ps/english/2012/01/majdalawi-united-struggle-needed-to-free-dr-aziz-dweik-andpalestinian-prisoners/ g) Jamil Majdalawi is identified as a member of the PFLP and deputy for Gaza. Source: www.webgaza.net/gaza_strip/gaza/people_profiles/Majdalawi_Jamil.htm h) Jamil Majdalawi is identified as a member of the political bureau of the PFLP. Source: safaimages.photoshelter.com/image? &_bqG=0&_bqH=eJzL9Sl0LnCsMiuoDLaoqDBMCktNDHNMyXEJKva0MrQyNbAyNAACK89 4l2BnW6_E3Mwcbd_ErJTEnMTyTDWwaLyjn4ttCZAdGuwaFO_pYhsK0pFYEJSWlVPumBGfrx bv6BxiW1pcFJyaWJScoeYOUuQOUuRomJyVamFZWBycDACcKisk&GI_ID=

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Other UAWC Directors Three other UAWC directors listed in the UAWC 2009 Annual Report have also been identified as members of the PFLP:  Razeq al Barghouthi, Ramallah, UAWC Treasurer;  Taghreed Jom’a, Gaza; and  Faysal Khalafallah, Gaza. The publicly available evidence of this is set out below: a) Razeq al Barghouthi: Here he is involved in what seems to be a petition to the Israeli High Court regarding the Israel police not allowing to hold a ceremony/party in honour of George Habash, the founder of the PFLP: Source: www.ajras.org/print.php?CatId=&Id=1057&page=show_details&table=news b) Taghreed Jom'a: Attended launch of PLFP “feminist” association of Martyr (i.e. suicide terrorist) Sawsan Sultan (female): “the Popular Front for the Liberation of Palestine in the presence of companion Taghreed Jom'a Central Committee member subsidiary of the Popular Front and a member of the branch leadership Gaza Strip” (PLFP website, 15 Dec 2011, Arabic). Translated by google translate. Note Taghreed Jom'a's name is incorrectly translated by google translate as “twitter Fri” because google is not recognising it as a person's name. Taghreed Jom'a's name has be verified in Arabic by an Arabic speaker. Source: http://www.pflp.ps/news.php?id=552 c) Faysal Khalafallah: i) At a PLFP memorial service on his death in May 2011 Faysal Khalafallah is described as:  a “tenacious fighter” who gave over 31 years service to the PFLP;  “a leader who dedicated his life in the ranks of the Popular Front for the Liberation of Palestine”;  “he was chosen to be one of the members of the Special Unit of the device's military front, and undergoing a number of cycles of military and security selection” (i.e. he was active in terrorist military operations) (Al-Bayader website, 18 May 2011, Arabic) Translated by google translate. Faysal Khalafallah's name has been verified in Arabic by an Arabic speaker. Source: www.al-bayader.com/readarticle.aspx?articleid=17164 ii) On a web forum post of 17 May 2011, recording "a vigil for Dr. Faisal Khalaf Allah Central Committee member of the Popular Front for the Liberation of Palestine in the last day of condolences ..." Translated by google translate. Faysal Khalafallah's name has been verified in Arabic by an Arabic speaker. Source: fatehforums.com/showthread.php?p=3828332

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Assets
The UAWC directly makes its assets available for PFLP use. The evidence of this is below: a) The PFLP celebrated it's 42nd anniversary at the UAWC's hall in Khan Younis, Gaza on 12 December 2009. “Organized on Saturday evening of the Popular Front for the Liberation of Palestine - the leadership of Shaheed Muhammad Alsakulai "Abossalh" a meeting of cadres and cadres and friends in the front hall to maintain the Union of Agricultural Work Committees.” (Item 14 on site below. Translated by google translate) Verified in Arabic by Arabic speaker. Source: ajrasal3awda.ahlamontada.net/t6566-topic#top

Coordination & Advancement of PFLP interests
Senior PFLP personnel are actively and publicly involved in UAWC activity on an ongoing basis. The evidence of this is as follows: a) The UAWC, including its directors Bashir Al Khairy, Rizk Albarghouti & Ismat Al Shouli and its General Manager Mr Khaled Hidmi commemorated Immortal Land Day on 1 June 2010 in the presence of honoured guest Mr Abdel Rahim Malouh, Deputy Secretary General of the PLFP. Both UAWC Board member Rizk Al Bargouthi and PLFP Deputy General Secretary Abdel Malouh spoke about the blood and memory of Palestinian martyrs (terrorists who die in battle) including Sheik Ahmad Yassin (arch-terrorist founder of Hamas). Mr Malouh explicitly linked the work of the UAWC and the martyrs (terrorists) stating: “that agricultural work committees, and our martyrs and political prisoners, are risking or pushing their freedom to defend our land and stand against occupation and settlers.” Sources: www.zoominfo.com/#!search/profile/person?personId=163471647&targetid=profile Cached from UAWC site report 5 June 2010 (original link removed): www.zoominfo.com/CachedPage/?archive_id=0&page_id=-450345524&page_url=//www.uawcpal.org/newsdetails_en.asp?entryid=26&page_last_updated=2010-0601T05:15:06&firstName=Abdel&lastName=Malouh b) The PFLP's Arabic language website includes detailed reports of the UAWC's work, the most recent of which is dated 2 February 2012 while the UAWC's English site contains reports only until 2009. It is telling that the PFLP website has much more up to date information on the UAWC's work than the UAWC's own website. Source: PLFP Arabic website as reported in Jerusalem Post 17 Feb 2012 Further example: UAWC protest on 10 October 2009 reported by the PFLP. Source: www.uruknet.com/index.php?p=m58785&hd=&size=1&l=e c) PFLP spokesman Ali Jaradat spoke at the official UAWC conference in Ramallah in 2011. Source: PLFP Arabic website as reported in Jerusalem Post 17 Feb 2012 (Annexure 7) d) PFLP spokesman Ali Jaradat spoke at the Farmers, rural workers and fisherman's conference organised by the UAWC in November 2011. Source: www.alternativenews.org/english/index.php/topics/news/3877-palestines-place-in-theglobal-farmers-struggle e) The PFLP actively supported the UAWC's political protest outside UN Headquarters in Gaza City in 2011 with PFLP central committee member Abu Rahma speaking at the protest. Source: PLFP Arabic Facebook page as reported in Jerusalem Post 17 Feb 2012 8 of 9 16:21:06 29/03/12

Due Diligence Defence not available
As almost all this information is publicly available on the internet, mostly in English, and is available to anyone conducting a simple google search in good faith, our legal view is that the corporate due diligence defence provided by section 21(2E) of the Act cannot be made out by World Vision in this case. Furthermore, the particular circumstances of Gaza, which is governed and controlled by another proscribed terrorist entity (Hamas), creates a significantly higher standard of “reasonable precautions” & “due diligence”. Hamas has actively and violently sought to expunge from Gaza more moderate organisations such as Fatah (including by throwing Fatah activists off buildings) and has shown a natural propensity to favour organisations with similar radical terrorist goals. This reality means that any organisation wishing to have operations in Gaza needs to be especially careful not to directly or indirectly make assets available to a proscribed terror organisation. World Vision have claimed that the UAWC is registered as a not-for-profit organisation with the Israeli Interior Ministry. We have not been able to verify this claim despite numerous searches. In any case, World Vision's reliance on due diligence of public registers which were available to it was and is grossly inadequate. The inclusion of an organisation in a public register of not-for-profit organisations does not provide any assurance that that organisation does not have terror links. Indeed many Islamic charities with not-for-profit status have been exposed as fronts for terror organisations over the years.

Conclusion
Shurat HaDin has set out above conclusive evidence that the UAWC is in fact an arm of the PFLP because it: a) was established by the PFLP; b) is controlled by senior PFLP operatives; c) makes its assets available to the PFLP; and d) acts in coordination with and to advance the interests of the PFLP (including active involvement in PFLP political activity). We consider that the extensive evidence1 in this document would, if admitted into evidence by a Court, be sufficient to prove a breach of section 21 of the Charter of the United Nations Act 1945 by World Vision. Shurat HaDin believes that there are more than sufficient grounds for the Australian Federal Police and other international law enforcement agencies to open a criminal investigation into this matter. We are prepared to assist law enforcement agencies in the collection of further evidence in Israel to enable the successful prosecution of the organisations and individuals involved.

Andrew Hamilton Solicitor (NSW, Australia)

Nitsana Darshan-Leitner, Esq. Attorney (Israel)

1 We have hard & soft copies of all documents for which we have provided web links in case originals are removed.

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