Britain
goes easy on new TRO front
By Santhush Fernando
Britain’s Charity Commission, a state arm monitoring charitable
institutions, is disowning responsibility for a Tiger guerrilla
front organization channelling millions of rupees to Sri Lanka after
its precursor was banned.
The
ban on the LTTE-backed Tamil Rehabilitation Organisation (TRO) came
after the Charity Commission ruled “their activities lacked
adequate financial controls and transparency.” This was in
respect of money transfers and application of funds in Sri Lanka.
But in no time a so-called Tamil Support Foundation (TSF) sprung
up to carry out the tasks of the TRO.
“Any
illegal activity including those relating to acts of terrorism is
a matter for the Police,” Sarah Jones, spokesperson for the
British Charity Commission told The Sunday Times. She was responding
to a series of questions by e-mail. Asked what Britain’s policy
was regarding terrorist financing, she said: “you would need
to contact the Home Office to ask for this policy – we are
the regulator of charities.”
Her
remarks made clear that the UK Charity Commission only confined
itself to the charity law and paid no heed on whether moneys collected
in the United Kingdom were being channelled for terrorist activity.
Government officials in Colombo say the Commission banned the TRO
on the grounds that there were doubts about the application of funds
in Sri Lanka. In other words the charity funds had been used for
purposes not related to charity.
Here
are excerpts of the interview.
Q: When was the Tamil Rehabilitation Organisation (TRO-UK)
listed and when was it delisted?
A: TRO UK was registered on March 25, 1992. It was removed
from the register on August 10 2005.
Q:
On what grounds was it delisted?
A: The charity was removed from the register because it
had no remaining assets and had ceased to operate. When it was removed
from the register it was being managed by a Receiver and Manager
(appointed by Charity),
not the original trustees -- we supported the decision to remove
the charity from the register as it had no assets and had ceased
to operate.
Q:
What actions of the TRO are being probed by the Charity commission?
What action will be taken against it?
A: The investigation is now closed -- originally it was
opened because of concerns raised about TRO-UK funds being passed
to the LTTE. Investigative officers of the Charity Commission for
England and Wales conducted the inquiry. The findings of the inquiry
will be included in the inquiry report which will be published on
our website in due course. Until the publication of this report
we are not confirming any details. The investigation was closed
as the charity ceased to operate -- we are the regulator for charitable
activity not a prosecuting body. Our job is to protect charitable
funds --anything else we may come across during the course of our
work would be referred to the appropriate body.
Q:
On what grounds did the Receiver and Manager make grants and disperse
funds?
A: In accordance with the objectives included in the original
governing document of TRO-UK. A proportion of the funds of TRO-UK
did go to the new charity – Tamils Support Foundation (TSF).
The amount of funds channelled to the TRO cannot be discussed until
the inquiry report has been published. But I can say that funds
were transferred from TRO to TSF.
Q:
On what grounds was the new charity set up and funds transferred
if there was an inquiry pending regarding the funds?
A: The new charity was set up by the Receiver and Manager
and the new trustees of TSF, with Charity Commission approval. This
is a different thing to the removal of TRO-UK from the register.
It was removed on August 10, because it had ceased to operate and
had no assets. TSF was set up with a new trustee body with similar
objectives to those of TRO-UK so that it could receive its funds
and these could be applied on its charitable purposes.
The investigation was into the application of funds and the control
that the trustees exercised over these-- the funds were transferred
to TSF so that they could be spent on the purpose that they were
raised for.
Q:
If the TRO is found to be either funding illegal activities or of
non-compliance with necessary regulations, who will be held responsible
for the setting up of the TSF?
A: The Receiver and Manager appointed, were responsible
for the setting up of TSF along with the trustees of TSF. This is
a separate charity from TRO-UK with different trustees. The outcome
of our investigation and anything it may reveal about the activities
of TRO-UK will not affect the running of TSF - it is a separate
charity. The TRO-UK charity no longer exists. TSF has already been
set up and the Commission is now responsible for monitoring its
compliance with charity law.
Q:
If there were no assets, what funds were transferred from TRO to
TSF?
A: TRO-UK did have some funds. Some of these funds were
transferred to TSF, some to Tsunami projects. After the funds had
been transferred to other charitable projects TRO-UK didn't have
anymore.
Q:
If there were serious charges (relating to terrorist organisations)
against a charity, can the inquiry be closed and no action taken,
merely because the charity ceased to operate?
A: Our own investigation is now complete. Any illegal activities
(including those relating to acts of terrorism) are a matter for
the police.
Q:
What is the policy of Britain regarding terrorist financing?
A: You would need to contact the Home Office to ask for
this policy. We are the regulator of charities.
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