International Process on Global Counter-Terrorism Cooperation

Transcription

1 Iteratioal Process o Global Couter-Terrorism Cooperatio A Compilatio of Key Documets September 2008 The Iteratioal Process o Global Couter-Terrorism Cooperatio was a iitiative cosposored by the govermets of Costa Rica, Japa, Slovakia, Switzerlad, ad Turkey, with the support of the Ceter o Global Couterterrorism Cooperatio.

2 Preface Terrorism remais oe of the most serious threats to iteratioal peace ad security the world faces today. It is a complex global problem that requires a coordiated multilateral ad comprehesive respose o a global level. Due to its uiversal membership the Uited Natios is uiquely placed to be at the ceter of this respose. As a cotributio to the implemetatio of the UN Michelie Calmy-Rey Global Couter-Terrorism Strategy, Switzerlad, together with Costa Rica, Japa, Slovakia, ad Turkey, Head of the Swiss Federal Federal Coucillor lauched i November 2007 the Iteratioal Process Departmet of Foreig Affairs o Global Couter-Terrorism Cooperatio. The aim of the Iteratioal Process was to assess the overall UN cotributios to the fight agaist terrorism over the past seve years, idetify ways to make its istitutios more relevat to atioal ad regioal couterterrorism efforts ad better able to support the implemetatio of the UN Global Couter-Terrorism Strategy. The cosposors orgaized several workshops i Zurich, Bratislava, Atalya, Tokyo, ad New York from Jauary util July 2008 which offered a opportuity for represetatives from UN Member States, the UN system, fuctioal, regioal, ad subregioal orgaizatios, ad civil society to egage i frak ad ope, off-the-record discussio o a wide rage of issues. The core of the discussios cetered o the questio of how the balaced implemetatio of the UN Strategy i all its four pillars (coditios coducive to the spread of terrorism; prevetig ad combatig terrorism; build capacity agaist terrorism; esure respect for huma rights ad promote the rule of law i the fight agaist terrorism) could be stregtheed. The Fial Documet of the Iteratioal Process reflects the key elemets of the discussios that took place durig i

3 these workshops ad cotais a umber of proposals, based o these discussios, for stregtheig the implemetatio of the Strategy. The publicatio of the documets geerated durig the Iteratioal Process will help further the dialogue amog a wide rage of stakeholders that was iitiated durig the workshops. Ultimately we hope that the ideas which have emerged from the Iteratioal Process will produce more effective coordiatio of fightig terrorism withi the UN ad to give UN measures agaist terrorism a sustaied legitimacy. O behalf of all five cosposors of the Iteratioal Process, I would like to express my appreciatio for the support provided by the Ceter o Global Couterterrorism Cooperatio throughout the project. I would also like to thak the Ceter for takig the iitiative to produce this report, which we believe will make a importat cotributio for the way ahead. Michelie Calmy-Rey Federal Coucillor Head of the Swiss Federal Departmet of Foreig Affairs ii

4 Cotets Acroyms... v Ackowledgemets... vii A Overview...ix fial Documet: The Iteratioal Process o Global Couter-Terrorism Cooperatio (24 July 2008)...1 Workshop 1: Istitutioal Challeges i Implemetig the UN Global Couter-Terrorism Strategy Backgroud Paper...9 Questios to Cosider...29 Workshop Summary...33 Workshop 2: UN Egagemet With Regioal, Subregioal, ad Fuctioal Bodies ad Civil Society i Implemetig the UN Global Couter-Terrorism Strategy Backgroud Paper...43 Questios to Cosider...63 Workshop Summary...67 iii

5 Workshop 3: The Role of the Uited Natios i Promotig ad Stregtheig the Rule of Law ad Good Goverace i Implemetig the UN Global Couter-Terrorism Strategy Backgroud Paper...79 Questios to Cosider Workshop Summary Workshop 4: Ehacig Capacity Buildig for the Implemetatio of the UN Global Couter-Terrorism Strategy Focusig Maily o the Experieces i Southeast Asia Backgroud Paper Questios to Cosider Workshop Summary Fial Workshop: Ehacig Implemetatio of the UN Global Couter-Terrorism Strategy Proposals to Cosider Remarks by the Presidet of the UN Geeral Assembly List of Participats iv

6 Acroyms ADB AML/CFT AMLU AMMTC AoC APEC APG ARF ASEAN ASEM AU BCTP CARICOM CFT CTAG CTAP CTC CTED CTTF EC EU FATF G8 IAEA Asia Developmet Bak Ati Moey Lauderig/Couterig the Fiacig of Terrorism Ati-Moey Lauderig Uit (UNODC) ASEAN Miisters Meetig o Trasatioal Crime Alliace of Civilizatios Asia-Pacific Ecoomic Cooperatio Forum Asia/Pacific Group o Moey Lauderig ASEAN Regioal Forum Associatio of Southeast Asia Natios Asia-Europe Ecoomic Meetig Africa Uio Bali Couter-Terrorism Process Caribbea Commuity Couterig the Fiacig of Terrorism Couter-Terrorism Actio Group (G8) Couter Terrorism Actio Pla (APEC) Couter-Terrorism Committee (UN Security Coucil) Couter-Terrorism Executive Directorate (UN Security Coucil) Couter Terrorism Task Force (APEC) Europea Commissio Europea Uio Fiacial Actio Task Force Group of Eight Iteratioal Atomic Eergy Agecy v

7 IATA ICAO IGAD ILEA IMO ISESCO ISMCTTC JCLEC JI MDGs MERCOSUR MLA NCTC NGO OAS OHCHR OPCW OSCE PIA PIF ReCAAP ISC SEARCCT SOMTC STAR TPB UN UNAFEI UNDP UNESCO UNFPA UNHCR UNODA UNODC UPR U.S. WCO Iteratioal Air Trasport Associatio Iteratioal Civil Aviatio Orgaizatio Itergovermetal Authority o Developmet Iteratioal Law Eforcemet Academy Iteratioal Maritime Orgaizatio Islamic Educatioal, Scietific ad Cultural Orgaizatio Iter-Sessioal Meetig o Couter-Terrorism ad Trasatioal Crime (ARF) Jakarta Cetre for Law Eforcemet Cooperatio Jemaah Islamiya Milleium Developmet Goals South America Commo Market Mutual Legal Assistace Keya Natioal Couter-Terrorism Cetre Nogovermetal Orgaizatio Orgaizatio of America States Office of the Uited Natios High Commissioer for Huma Rights Orgaizatio for the Prohibitio of Chemical Weapos Orgaizatio for Security ad Co-operatio i Europe Prelimiary Implemetatio Assessmet Pacific Islad Forum Regioal Cooperatio Agreemet o Combatig Piracy ad Armed Robbery agaist Ships i Asia Iformatio Sharig Ceter Southeast Asia Regioal Cetre for Couter-Terrorism Seior Officials Meetig o Trasatioal Crime (ASEAN) Secure Trade i the Asia-Pacific Regio Terrorism Prevetio Brach (UNODC) Uited Natios Uited Natios Asia ad Far East Istitute for the Prevetio of Crime ad the Treatmet of Offeders Uited Natios Developmet Programme Uited Natios Educatioal, Scietific ad Cultural Orgaizatio Uited Natios Populatio Fud Office of the Uited Natios High Commissioer for Refugees Uited Natios Office for Disarmamet Affairs Uited Natios Office o Drugs ad Crime Uiversal Periodic Review (Uited Natios Huma Rights Coucil) Uited States of America World Customs Orgaizatio vi

8 Ackowledgemets The Ceter o Global Couterterrorism Cooperatio has had the privilege of servig as the secretariat i the Iteratioal Process o Global Couter-Terrorism Cooperatio sice it was lauched i November It gratefully ackowledges the support ad cooperatio it received from the five cosposor govermets durig the process: Costa Rica, Japa, Slovakia, Switzerlad, ad Turkey. I additio, it wishes to thak the Germa Federal Foreig Office, which alog with some of the cosposors, provided fiacial support to cover the travel ad accommodatio costs of some of the participats i the Iteratioal Proces. The Ceter is particularly grateful for the collaboratio it had with officials, too umerous to list, from each of these govermets, both via their missios to the Uited Natios i New York ad i their atioal capitals. A special debt of gratitude, however, is owed to Ambassador Peter Maurer, Ambassador Christie Schraer-Burgeer, ad Mr. Daiel Frak, for the ecouragemet ad guidace they provided startig i early 2007, whe the idea of lauchig the Iteratioal Process was iitially discussed. The Ceter has prepared this report o its ow iitiative. The Ceter is grateful to Bria Alle for editig ad Cuttig Edge Desig for the layout of the report. It was either reviewed or approved by ay of the cosposorig govermets or the other participats i the Iteratioal Process. With the exceptio of the 24 July 2008 Fial Documet i the process, which was edorsed by all five cosposors, the documets cotaied i this report do ot ecessarily reflect the official views of ay of the participats. The Ceter is resposible for ay errors, factual or otherwise, foud i this report. vii

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10 A Overview The Iteratioal Process o Global Couter-Terrorism Cooperatio Over the past seve years, the iteratioal commuity s respose to the complex ad evolvig threat of trasatioal terrorism has expaded to ecompass a broad array of omilitary actors ad measures. There are ow more tha 70 multilateral istitutios ivolved i this effort, but they are ot fuctioig properly as part of a overarchig itegrated whole. Ogoig duplicatio of efforts, overlappig madates, ad lack of iformatio sharig ad other coordiatio at ad amog the iteratioal, regioal, ad subregioal levels have hidered the effectiveess of these efforts. The September 2006 UN Geeral Assembly s Global Couter-Terrorism Strategy preseted a welcome opportuity to correct these shortcomigs by offerig a framework for a coheret iteratioal respose to terrorism, with the Uited Natios at its heart. As stated by the Group of Eight leaders at their 2007 summit i Germay, i offerig support for the cetral role of the Uited Natios i global couterterrorism efforts, the UN is the sole orgaizatio with the stature ad reach to achieve uiversal agreemet o the codematio of terrorism ad to effectively address key aspects of the terrorist threat i a comprehesive maer. The Uited Natios ca play a uique role i maagig the threats posed by cotemporary terrorism because its global membership offers a uique basis for ormative legitimacy ad effective actio. The Strategy remids us that a effective global couterterrorism program must focus o omilitary tools ad emphasize elemets such as capacity buildig, law eforcemet cooperatio, ad dealig with the uderlyig societal ad political coditios that are coducive to the spread of terrorism. It ot oly reaffirms that couterterrorism efforts must respect huma rights ad the rule of law but declares that the promotio of those priciples i their ow right is a critical elemet i effectively addressig terrorism. ix

11 Implemetig the Strategy is a dautig challege. Although the lio s share of resposibility falls o atioal govermets, differet parts of the UN system, other multilateral bodies, ad civil society each have importat roles to play to promote ad esure implemetatio. Give the umber of differet actors that must be egaged ad issues that eed to be addressed, effective coordiatio of those efforts is essetial. The Strategy highlights the eed for a more efficiet UN respose to terrorism ad greater coordiatio ad cooperatio amog these differet stakeholders ad offers a modest solutio: supportig istitutioalizatio withi the UN Secretariat of the Secretary- Geeral s Couter-Terrorism Implemetatio Task Force. The Task Force, which icludes a represetative from each of 24 UN system etities, is doig importat work i attemptig to tur the Strategy from a declaratio ito actio, but the Geeral Assembly did ot provide it with the ecessary resources or madate to oversee implemetatio effectively over the logterm, stimulate a more effective UN respose, ad coordiate the activities of the differet parts of the UN system ad other multilateral bodies. As a result, the ecessary istitutioal structure(s) are ot i place to support sustaied implemetatio of the whole-of-system approach to combatig terrorism outlied i the Strategy. The ability of the UN system to maximize its cotributio to Strategy implemetatio depeds o developig a more efficiet ad coordiated UN effort that ca work more effectively with states ad other stakeholders. With this i mid, the idepedet Iteratioal Process o Global Couter-Terrorism Cooperatio was lauched by Switzerlad o 7 November 2007 i New York, i cooperatio with Costa Rica, Japa, ad Slovakia ad later joied by Turkey. The purpose was to provide a opportuity for frak ad ope, off-the-record discussio amog a broad array of member states from differet regios some 45 i total ad represetatives from the Uited Natios, ad fuctioal ad regioal bodies, as well as civil society. I additio, it provided states with a useful opportuity to braistorm about how to best address some of the key issues surroudig the review of the Strategy by the UN Geeral Assembly o 4 September Durig the course of five workshops, which were held i Zurich, Bratislava, Atalya, Tokyo, ad New York, a diverse group of stakeholders discussed ways i which the balaced implemetatio of the Strategy i all four pillars (measures to address the coditios coducive to the spread of terrorism, measures to prevet ad combat terrorism, measures to build states capacity to prevet ad combat terrorism, ad measures to esure respect for huma rights for all ad the rule of law as the fudametal basis for the fight agaist terrorism) could be stregtheed. The focus was o how to make the UN istitutios more relevat to atioal ad regioal efforts i addressig terrorist threats ad better able to support implemetatio of the Strategy. Throughout the process, the participats were midful that UN member states have the primary resposibility for the implemetatio of the Strategy, which ivolves actio at the atioal, regioal, ad global levels. Durig the Iteratioal Process, there was broad recogitio that the adoptio of the Strategy represets a sigificat political achievemet that ot oly must be preserved, x

12 but built o durig the September review ad beyod. Rather tha a prescriptive guidace for actio, the Strategy offers states a broad policy framework i which to egage o a wide rage of issues ad with a wide rage of stakeholders, icludig the Uited Natios, regioal bodies, ad civil society. Meaigful cotributios from each of these stakeholders are eeded to esure sustaied implemetatio of the Strategy. The Strategy offers a opportuity to member states to develop more holistic approaches at the atioal level to combatig terrorism, but also to show ad tell the Geeral Assembly ad other itergovermetal fora i a structured way about their implemetatio efforts ad, i doig so, to exchage best practices ad ways to address difficulties. The importace of idetifyig the comparative advatage the specific value-added of the UN system was highlighted throughout the Iteratioal Process as was the eed to esure effective coordiatio ad cooperatio amog the rage of actors withi the UN system, i headquarters, i the field, ad betwee the two. The Iteratioal Process highlighted that a broad body of kowledge is available throughout the UN system but that more efforts are eeded to esure better coordiatio ad cooperatio across the system. The iitial cotributios that the Task Force has made were ackowledged by may of the participats, yet the strogly held view was that more work eeds to be doe to make the UN system more coheret i this area ad more egaged with couterterrorism experts i the field. Durig the Iteratioal Process, the participats put forward a wide rage of cocrete proposals aimed at addressig these issues ad otherwise stregtheig the implemetatio of the Strategy. May of these ideas were discussed at the fial workshop held i New York at the Iteratioal Peace Istitute, at which the cosposors received useful feedback from a diverse group of states ad other stakeholders. The Fial Documet i the Iteratioal Process, which was released o 24 July 2008, reflects those proposals that the cosposors believe would merit closest cosideratio by the wider membership. The proposals are directed at states, the Uited Natios, ad regioal ad subregioal bodies ad are cocrete ad actio orieted. Some of them could be discussed ad perhaps eve icorporated i the resolutio or decisio that will emerge from the September Geeral Assembly review of the Strategy. Some could be acted o by states immediately. Others, which require much further deliberatios, could be take up at a later date whe the time is ripe. The Ceter o Global Couterterrorism ad Cooperatio produced umerous documets durig the Iteratioal Process, icludig backgroud papers for ad summaries of early every workshop. This report is a compedium of these documets ad icludes a copy of the Fial Documet as well. Also icluded is a list of those idividuals who participated i at least oe of the five workshops orgaized durig the Iteratioal Process. It is the Ceter s hope that this report ca serve as a uofficial record of the Iteratioal Process ad provide govermet ad ogovermetal experts, as well as officials i the Uited Natios ad other itergovermetal bodies, xi

13 with a useful referece tool as they cotiue work to make the UN couterterrorism program more relevat to atioal ad regioal oes ad better able to promote the implemetatio of the Strategy. Alistair Millar Director Ceter o Global Couterterrorism Cooperatio Eric Rosad Seior Fellow Ceter o Global Couterterrorism Cooperatio 15 August 2008 xii

14 Iteratioal Process o Global Couter-Terrorism Cooperatio Co-Sp o sor e d by t h e Gov er mets of Costa Rica, Japa, Sl ova k i a, Switzerlad ad Turkey Fial Documet 24 July 2008 Backgroud The Iteratioal Process o Global Couter-Terrorism Cooperatio, which was supported by the Ceter o Global Couterterrorism Cooperatio, was lauched i New York at the Swiss Missio to the UN i November 2007 ad icluded a series of workshops focusig o discrete aspects of the UN Couter-Terrorism Implemetatio Strategy. The purpose of the Iteratioal Process (co-sposored by Costa Rica, Japa, Slovakia, Switzerlad ad Turkey) was to provide a opportuity for frak ad ope, off-the-record discussio amog a broad array of States from the Global North ad South ad represetatives from the UN ad other itergovermetal bodies ad civil society. The discussios focused o assessig the overall UN cotributios to the fight agaist terrorism over the past seve years ad idetifyig ways to make its istitutios more relevat to atioal ad regioal couter-terrorism efforts ad better able to support implemetatio of the UN Strategy. Throughout this process participats put forward a wide rage of cocrete proposals aimed at furtherig the implemetatio of the UN Strategy, may of which were discussed at the fial workshop o July 2008 i New York. Durig the Process it was recogized that the adoptio of the UN Global Couter- Terrorism Strategy remais a key political achievemet that should be built upo durig the September 2008 Geeral Assembly review. Member States have the primary resposibility to implemet the Strategy ad this ivolves Member State actio at atioal, regioal, ad iteratioal levels. The Strategy provides States with a broad policy framework, offerig them a commo referece poit ad a opportuity to preset what they are doig to combat terrorism at a atioal level to the UN ad other fora i a structured ad holistic way. The UN evertheless has a cetral role to play i reiforcig atioal ad regioal efforts, while takig ito accout local cotexts, as part of a global respose. Differet 1

15 parts of the UN system are makig importat cotributios to this effort. There is a eed, however, for effective coordiatio amog the rage of relevat actors withi the UN system, at headquarters level, i the field ad betwee the two. The UN Couter- Terrorism Implemetatio Task force has take iitial steps i ehacig the coordiatio withi ad coherece of the UN system. Further advaces i these areas ad greater egagemet with couter-terrorism experts i the field could lead to icreased effectiveess. So too could a greater reflectio i the work of the UN cocerig differig local ad regioal threat perceptios, vulerabilities ad eeds. The first formal review of the Strategy i September 2008 offers a opportuity for Member States to address some of these issues ad more clearly idetify the role that the UN ad other itergovermetal bodies, civil society, ad, most importatly, States ca play i furtherig implemetatio of the Strategy. With this i mid, the attached documet reflects the key elemets of the discussios that took place durig the workshops orgaized withi the framework of the Iteratioal Process ad cotais a umber of proposals, based o these discussios, for stregtheig the implemetatio of the Strategy. Without edorsig each oe, the co-sposors believe that they merit cosideratio by the wider UN membership durig the September 2008 review ad/or beyod. These proposals, which are directed at Member States, the UN system, ad regioal ad sub-regioal bodies, are ot mutually exclusive. Some require actio by the Geeral Assembly or aother itergovermetal body, some could be implemeted immediately by the relevat actor(s), ad some will require further deliberatio both withi ad outside of the UN. Proposals For Cosideratio Member States 1. Member States should seek to esure that the UN s couter-terrorism activities are coected more directly to atioal couter-terrorism coordiators ad focal poits ad the UN should provide a forum for these coordiators ad focal poits to egage with each other. Member States should implemet the Strategy i a itegrated maer ad, where appropriate, use it: a. To broade atioal efforts i view of a more comprehesive respose ad b. To deepe iteragecy cooperatio ad coordiatio, which should ot be limited to traditioal couter-terrorism actors but iclude huma rights, developmet, health, ad social services. 2. There eeds to be a forum withi the UN to allow Member States to fulfil their leadig role i overseeig UN Strategy implemetatio efforts ad allow them a regular opportuity to review ad determie the policy directio of Strategy implemetatio efforts, icludig the work of the Task Force. Such a forum should also allow for icreased participatio of regioal ad sub-regioal bodies ad civil society i Strategy implemetatio efforts ad receive briefigs from the Task Force o its work. There are a umber of possible ways to satisfy this eed, icludig: a. The stregtheig of the iformal briefigs already provided by the Task Force; b. The use of a existig forum such as the Geeral Assembly Pleary; or 2

16 c. The creatio of a ew couter-terrorism body or ope-eded workig group. 3. As a alterative or complemet to the optios i paragraph 2, the atioal coordiators/focal poits of Member States should meet two-to-three times a year to assess Strategy implemetatio efforts, exchage best practices, determie policy directio of the Strategy, ad/or discuss how the UN might be able to further reiforce atioal efforts. These meetigs, which could iclude represetatives from the Task Force, regioal, sub-regioal, ad fuctioal bodies, could be orgaized uder the auspices of the UN or by Member States i cooperatio with the UN, ad alterate amog differet UN headquarters aroud the world: e.g., New York, Geeva, Viea, Nairobi, Bagkok. Such efforts should also iclude olie- commuicatios through iformatio commuicatio techology platforms ad portals. 4. Member States should become more proactive i reachig out to the Task Force ad its members, for example by orgaizig themselves aroud thematic issues of commo iterest. 5. Member States should ecourage UN etities represeted i the Task Force, through the respective itergovermetal bodies, to actively participate i the Task Force ad support the implemetatio of the UN Strategy. This support, however, must ot iterfere with the madates ad the ogoig work of these bodies ad should avoid uecessarily labelig their activities as couter-terrorism. 6. Member States should seek to stimulate egagemet by civil society groups ad o-govermetal orgaizatios (NGOs), icludig professioal orgaizatios ad orgaizatios represetig victims of terrorism, while takig ito accout the particular atioal ad local cotexts. For example, they could a. Egage with differet ethic ad religious groups o security issues at the atioal level to stimulate cross-cultural ad religious dialogue; b. Esure that the views of civil society groups ad NGOs are take ito accout i the developmet of couter-terrorism legislatio; ad/or c. Provide civil society groups ad NGOs a opportuity to egage directly with legislators regardig the potetial impact of plaed or actual impact of existig couter-terrorism measures. The UN System 7. The UN Couter-Terrorism Implemetatio Task Force should be appropriately istitutioalized ad provided with the ecessary resources to esure that it ca carry out its coordiatio ad iformatio sharig role more effectively over the loger-term ad has the capacity to support the work of its workig groups. a. This could be doe, for example, through volutary cotributios or preferably by passig a appropriate level of resources through the existig regular budget. 3

17 b. The UN Couter-Terrorism Committee s (CTC) Executive Directorate (CTED) could also secod to the Task Force experts o a rotatig basis to provide support to the Task Force s capacity-buildig activities. c. I the loger term, it was proposed that the CTED s status as a special political missio could be revisited ad it could be trasformed ito a UN secretariat office, departmet, or program. Amog other thigs, this ew etity could service both the CTC ad the Task Force. 8. The Task Force, its costituet members, ad Member States should focus more attetio o raisig awareess of the Strategy outside of New York ad beyod foreig miistries. For example, the Task Force should provide iformatio about its activities ad other pertiet Strategy-related updates o its webpage as frequetly as possible ad could, resources permittig, cosider ehacig its efforts i this area, for example by providig a mothly electroic ewsletter of relevat Strategyrelated activities. 9. The UN should develop a more coheret approach to Strategy implemetatio by UN actors at the coutry, sub-regioal, ad regioal levels. 10. The cotributio made by the existig Task Force, icludig its workig groups, should be evaluated by the respective iteral oversight body (Office of Iteral Oversight Services) withi a reasoable timeframe. I the light of such evaluatio, structures ad workig modalities should be adapted/reformed, takig ito accout a comprehesive ad balaced implemetatio of the Strategy ad allowig for more Member State iput. For example, the Task Force could, if deemed to add value to the existig UN activities, be asked to: a. Establish oe workig group for each pillar of the Strategy i additio to the workig group o Facilitatig the Itegrated Implemetatio of the Uited Natios Global Couter-Terrorism Strategy while discotiuig all other existig workig groups; b. Esure that each workig group meets with iterested Member States to help it idetify priorities ad develop its program of work; ad/or c. Produce cocrete, o-bidig recommedatios ad best practices to support Member State implemetatio of the UN Strategy. 11. The Secretary-Geeral should cosider appoitig a full-time Task Force chairperso. 12. Traditioal ad o-traditioal couter-terrorism actors, both withi the UN ad at the atioal level, should egage i supportig the implemetatio of the UN Strategy, while beig careful ot to uecessarily place the couter-terrorism label o the latter group of actors. With respect to the UN, the Task Force should play a role i more closely egagig UN bodies workig i areas relevat to the traditioal fields ad those workig i the o-traditioal fields so that the Strategy ca be implemeted i a balaced way. 4

18 13. The UN s efforts to promote a huma rights-based approach to couterterrorism should be ehaced, icludig by: a. Reiforcig the Office of the High Commissioer for Huma Rights (OHCHR) support for the Special Rapporteur o the promotio ad protectio of huma rights ad fudametal freedoms while couterig terrorism; b. Icludig huma rights expertise o CTED site visits ad the UN Office o Drugs ad Crime s (UNODC) Terrorism Prevetio Brach (TPB) traiig courses, which should target crimial justice officials, icludig defese lawyers, ad relevat executive brach officials resposible for draftig ad gratig extraditio requests; c. Ecouragig short-term exchages of experts betwee the huma rights ad couter-terrorism arms of the UN; ad/or d. Providig OHCHR with the ecessary capacity to participate i all relevat UNODC couter-terrorism traiig programs. 14. While welcomig CTED s readiess to support the implemetatio of the Strategy, as recogized with adoptio of Security Coucil Resolutio 1805 ad the cotiuig efforts to improve the performace of the CTC/CTED, the CTC/ CTED should: a. Make its assessmets ad other aalytical work more easily accessible to o- CTC members, UN agecies, regioal orgaizatios, ad o-govermetal experts; ad share other iformatio ad cosult more with o-coucil members; b. Covee regioal meetigs ad workshops i the field that brig together practitioers from the relevat coutries; c. Ivite iterested o-coucil members to relevat CTC meetigs, which focus o a particular regio or theme, ad more geerally give them a opportuity to provide more iput ito the work of the Committee; ad/or d. Promote greater awareess of the problems that impede the implemetatio of the priciple aut dedere aut judicare uder relevat covetios, by icludig i its reports iformatio o the applicatio of this priciple to perpetrators of acts of terrorism, ad work with States ad other UN etities to ehace iteratioal legal cooperatio. 15. While recogizig the importat techical assistace it cotiues to provide to States to help stregthe atioal crimial justice systems to combat terrorism ad related crimes, the UNODC s TPB should: a. Provide more uified traiig to law eforcemet ad other crimial justice officials i ofte uder-resourced coutries o how to implemet the various UN terrorism, trasatioal orgaized crime, moey lauderig, ad corruptio istrumets, so as to maximize the syergies amog the differet thematic areas ad better reflect the liks betwee terrorism ad other crime; ad/or b. Expad its efforts to covee regioal meetigs of miisters of justice to all regios ad use these fora to discuss the wider set of crimial justice reform issues i the Strategy (i.e., ot limitig them to the uiversal legal istrumets agaist terrorism). 5

19 16. While recogizig the importat cotributios that the UN Educatio, Scietific ad Cultural Orgaizatio (UNESCO) is makig i its differet programmatic areas to further the implemetatio of the UN Strategy, additioal steps should be take to maximize UNESCO s cotributios to the implemetatio of the UN Strategy ad the Task Force, without compromisig its ogoig work. For example, UNESCO should: a. Do more to esure that iformatio cocerig the growig umber of iitiatives at the local, atioal, sub-regioal, regioal ad global levels aimed at promotig iter-religious ad cultural dialogue is shared with other members of the Task Force ad Member States i New York; b. Ecourage its regioal offices to commuicate ad coordiate with other Task Force members i the regio to ehace implemetatio of the Strategy o the groud; c. Idetify a rage of cocrete UNESCO-sposored, -fuded, or -facilitated iitiatives aroud the world that relate to the Strategy ad place this iformatio o the Task Force s website as UNESCO good practices that cotribute to the implemetatio of the UN Strategy; ad/or d. Nomiate a sigle focal poit withi its secretariat to represet the orgaizatio at each Task Force meetig, spearhead UNESCO s participatio i the relevat workig groups, ad serve as a repository for UNESCO Strategy-related activities gathered from its various field offices, istitutes, ad ceters. 17. While recogizig the importat cotributios that the UN Developmet Programme (UNDP) is makig i its differet programmatic areas to further the implemetatio of the UN Strategy, additioal steps should be take to maximize its cotributios to the implemetatio of the UN Strategy ad the Task Force, without compromisig its ogoig work. For example, UNDP should: a. Deepe its egagemet with the Task Force, icludig through active participatio i its workig group o Facilitatig the Itegrated Implemetatio of the Uited Natios Global Couter-Terrorism Strategy ad its Strategy-related iteractios with Task Force etities i the field, ad/or b. Cotribute to CTED s activities, icludig by participatig i its field visits ad sharig with CTED o a regular basis relevat iformatio o UNDP s rule of law, crisis prevetio, ad its other activities relevat to the implemetatio of Security Coucil Resolutios 1373 ad Regio al/sub-regio al Bodies 18. While recogizig that some regioal ad sub-regioal bodies have developed ad are implemetig couter-terrorism programs, some lack the ecessary madate ad/or resources to egage o couter-terrorism issues, ad for some there are more pressig threats to address tha terrorism, each relevat regioal ad sub-regioal body should, where appropriate: a. Formally edorse the Strategy ad develop their ow pla for implemetig it; b. Esure that its secretariat has the madate ad resources to egage with its member states ad the UN o Strategy issues; c. Approach the Task Force ad its represetative etities directly to articulate the vulerabilities, eeds, ad priorities of its members; 6

20 d. Establish a focal poit for egagemet with the UN i New York ad with relevat UN Task Force members i the regio; ad/or e. Request CTED or UNODC s TPB to assist with the implemetatio of Pillar II, Para. 8 of the Strategy, which ecourage[s] relevat regioal ad sub- regioal orgaizatios to create or stregthe couter-terrorism mechaisms or cetres, where possible, by placig a CTED or UNODC expert o a temporary basis i the appropriate regioal ad sub-regioal orgaizatio or cetre secretariat. 19. The Task Force, resources permittig, should seek to deepe its egagemet with regioal ad sub-regioal bodies (ad other o-state stakeholders). For example, where appropriate, the Task Force should, to the extet possible: a. Serve as a strategic iterface for regioal ad sub-regioal bodies with the UN o Strategy implemetatio; b. Ivite iterested bodies to become more ivolved i the activities of its workig groups ad cosult regularly with them to iform them of its work; ad/or c. Desigate a field-based represetative from the appropriate Task Force etity to serve as the Task Force s focal poit i each regio. 7

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22 Iteratioal Process o Global Couter-Terrorism Cooperatio Workshop 1 Istitutioal Challeges i Implemetig the UN Global Couter-Terrorism Strategy Jauary 2008 Kusacht (Zurich), Switzerlad Backgroud Paper * This paper provides a overview of issues as backgroud for the first workshop i the Iteratioal Process o Global Couter-Terrorism Cooperatio, which the Govermet of Switzerlad is hostig o Jauary 2008 i Zurich. It is iteded to highlight some of the key issues for discussio uder each of the mai ageda items rather tha serve as a exhaustive treatmet of the topics to be addressed at the workshop. I. Overview of Problems ad Weakesses Like the Iteratioal Process itself, this paper starts from the premise that the Uited Natios is the sole orgaizatio with the stature ad reach to achieve uiversal agreemet o the codematio of terrorism ad to effectively address key aspects of the terrorist threat i a comprehesive maer. 1 The cetral questio is how to maximize the effectiveess of the Uited Natios i its efforts to combat terrorism. The focus of the workshop, ad the larger Iteratioal Process, will be o assessig the overall UN cotributios to the fight agaist terrorism sice September 2001 ad idetifyig ways to make its istitutios more relevat to atioal couterterrorism strategies ad better able to support implemetatio of the Uited Natios Global Couter-Terrorism Strategy. The collaboratio ad coordiatio of work with o- UN stakeholders, i particular other multilateral bodies ad civil society, will be addressed as well. The Uited Natios has made some importat cotributios to global couterterrorism efforts so far. For example, the Security Coucil has established a broad couterterrorism legal framework usig its Chapter VII authority uder the UN Charter ad * This paper was researched ad drafted by the Ceter o Global Couterterrorism Cooperatio. The views expressed herei do ot ecessarily reflect those of the Govermet of Switzerlad or ay other participatig UN member states i the Iteratioal Process o Global Couter-Terrorism Cooperatio. 9

23 has established a umber of subsidiary bodies to moitor states efforts to implemet it. The Geeral Assembly ad UN specialized agecies have used their orm-settig authority to set legal orms i various couterterrorism-related fields. As a result, some 16 iteratioal treaties ow crimialize early every imagiable terrorist offese ad facilitate the law eforcemet cooperatio that is essetial to brig terrorists to justice. I additio, UN fuctioal orgaizatios have developed iteratioal stadards or best practices i areas such as aviatio, maritime ad port security, ad travel documets. A umber of these bodies, workig closely with bilateral doors, have techical assistace programs to help states joi the legal framework or implemet the stadards, with a view to creatig a seamless global couterterrorism web. Further, through its capacity-buildig ad traiig programs, the Uited Natios has ot oly helped to idetify vulerabilities but to address them as well. As a result of the growth i couterterrorism activity sice September 2001, both withi ad outside of New York, some of which was spurred o by the Uited Natios, more tha 70 multilateral bodies at all levels both withi ad outside the Uited Natios are ow ivolved i this effort, but they are ot fuctioig properly as part of a overarchig itegrated whole. Cotiuig duplicatio of efforts ad lack of iformatio sharig ad other coordiatio at ad amog the iteratioal, regioal, ad subregioal levels have hidered the effectiveess of these efforts. Uder the curret UN istitutioal arragemet aloe, some 24 differet orgas, bodies, etities, programs, ad offices carry out work relatig to couterterrorism uder distict ad sometimes overlappig madates. The cetral role the Security Coucil has played i UN efforts sice September 2001 has limited the effectiveess of the overall UN respose sice the. Robust ad decisive actio i the period after the attacks o September 11, 2001, was eeded to help iteratioalize the respose to the global threat ad stimulate other multilateral bodies to become egaged i the fight agaist terrorism. Over time, however, the coucil s effectiveess, particularly that of its Couter-Terrorism Committee (CTC) i moitorig global couterterrorism obligatios imposed by Resolutio 1373 ad other relevat resolutios, has suffered from a perceived lack of legitimacy due to its limited membership. May coutries, particularly from the global South that were ot o the coucil whe it adopted its couterterrorism resolutios, questioed that body s authority to impose geeral, legal obligatios o all states ad lacked a sese of owership i the program. Some states also reset the coucil s arrow, geerally law eforcemet orieted approach, which fails to take ito accout the uderlyig socioecoomic coditios that may give rise to terrorism. All of this has had a egative impact o the willigess of some to cooperate fully with the Security Coucil effort. Further, the CTC was give resposibility for idetifyig gaps i states capacity to fight terrorism ad matchig doors with states i eed i order to fill these gaps. However, it lacks a madate or fuds actually to deliver assistace, has had difficulty producig reliable aalysis of capacity gaps aroud the world o a cosistet basis, is hamstrug by its overly bureaucratic ad process-orieted approach, ad has largely lost the iterest of ambassadors i New York. As will be discussed i greater detail i Sectio V, these reasos are partly resposible for its poor track record i egagig with states ad other stakeholders outside of New York, the key costituecies. 10

24 The perceptio remais that the coucil has yet to fully icorporate a huma rights perspective ito its couterterrorism work ad has yet to develop sustaied parterships both with the Office of the UN High Commissioer for Huma Rights (OHCHR) ad other parts of the UN huma rights system ad with those UN etities dealig with the softer side of couterterrorism issues, such as the UN Developmet Programme (UNDP) ad the UN Educatioal, Scietific ad Cultural Orgaizatio (UNESCO). The proliferatio of Security Coucil couterterrorism-related resolutios ad subsidiary bodies, ofte hastily adopted ad established i respose to specific crises, has produced turf battles betwee ad amog committees ad expert groups, duplicatio of work, ad multiple ad sometimes cofusig reportig requiremets for states. The coucil itself has recogized may of these shortcomigs sice 2004 ad has repeatedly called for improvemets. 2 To address the problems created by the proliferatio of coucil couterterrorism-related bodies, UN Secretary-Geeral Kofi Aa eve recommeded i March 2006 that the coucil cosider cosolidatig them ito a sigle committee with a sigle staff body. 3 The lack of effective coordiatio ad cooperatio has almost come to defie the Uited Natios post September 11 respose, leadig coutries such as Costa Rica ad Switzerlad to call as early as 2004 for the establishmet of a UN high commissioer for terrorism to coordiate all of these iitiatives. The 14-coutry Group of Frieds of UN Reform echoed these calls i 2005, ad the Group of Eight (G8) heads of state called for a more coheret UN couterterrorism program ad respose to the threat i their July 2006 summit statemet. 4 I additio, a 2005 proposal of the the Saudi Arabia crow price advocated the establishmet of a iteratioal couterterrorism ceter uder the auspices of the Uited Natios to, amog other thigs, develop a mechaism for exchagig iformatio ad expertise betwee States, ecourage the establishmet of atioal ad regioal ceters, ad provide assistace to developig coutries to deal with crises ad terrorist acts. 5 The adoptio of the Strategy i September 2006 presets a opportuity to improve o the fragmeted UN ad the broader multilateral istitutioal resposes to terrorism ad forge a truly global respose to the threat. Its uaimous adoptio by the Geeral Assembly is a importat achievemet. Part of the Strategy s sigificace lies i the fact that it is a istrumet of cosesus o a issue where cosesus has bee difficult to achieve withi the Uited Natios. Although it does ot add aythig ot already cotaied i preexistig UN couterterrorism resolutios, orms, ad measures, the Strategy pulls them together ito a sigle, coheret, ad uiversally adopted framework. Its iclusio of security-related issues as well as oes related to coditios coducive to the spread of terrorism, such as poverty ad lack of good goverace, gives it broader appeal tha the Security Coucil couterterrorism program. Oe of the keys to whether the Strategy will i fact be implemeted is whether the coordiatio ad cooperatio withi the Uited Natios ad amog the umerous other multilateral bodies ad mechaisms ivolved is improved. There must be a ratioalizatio of the respective roles of all the players to brig about the level of cooperatio, coordiatio, ad collaboratio that is required, a task that has prove difficult to achieve eve just withi the Uited Natios. 6 Ufortuately, the Strategy does ot address this 11

25 problem adequately. It calls for more cooperatio withi the Uited Natios, but its provisios are largely directed to idividual parts of the UN system. It does ot idetify ways i which the UN effort could be made more efficiet ad better coordiated, for example by streamliig overlappig madates or elimiatig redudat programs. The mai Strategy recommedatio regardig orgaizatioal architecture focuses o the UN Couter-Terrorism Implemetatio Task Force. The compositio, limitatios, ad role of the Task Force, however, preset challeges. Addressig these challeges, some of which are listed below, will be critical to maximizig the Uited Natios log-term cotributios to Strategy implemetatio. The Task Force cosists of a secretariat represetative from each UN body or program ivolved i couterterrorism, which fosters a tedecy to protect existig madates ad resource allocatios from ecroachmet or abolitio. Almost every Task Force represetative takes its istructios from a differet UN body ad thus has limited room to maeuver without first receivig approval from the relevat body. The amout of time ad eergy each Task Force member is able to devote to the Task Force is limited due to their preexistig, full-time job resposibilities. The coordiator of the Task Force s work has o authority over the other Task Force members who are workig uder the directio of their separate part of the UN system ad caot require differet members to cotribute iformatio or time to the Task Force or impose a decisio o uwillig Task Force members. The Task Force coordiator also lacks the authority eeded to get the differet parts of the system to share iformatio, cooperate, ad reduce overlappig madates. The Task Force has ot bee provided ay resources by the Geeral Assembly ad is beig forced to solicit volutary cotributios for its work. Although it is havig success i raisig moey from the traditioal Wester doors, such a approach may udercut the global ature of the Strategy. The coordiator, while performig a admirable job with the limited resources he has bee give to operate, also serves as the Assistat Secretary-Geeral for Policy Coordiatio ad Strategic Plaig ad has to advise the Secretary- Geeral o a rage of other policy matters, limitig his day-to-day ivolvemet i overseeig the Task Force. There is o formal mechaism by which member states, who are supposed to be takig owership of the Strategy, ca egage ad possibly guide the Task Force. 12

26 II. Addressig Coditios Coducive to the Spread of Terrorism Oe of the Strategy s achievemets is that, for the first time, the Uited Natios global membership has agreed that addressig coditios coducive to the spread of terrorism is a essetial part of a effective ad comprehesive strategy to combat ad prevet terrorism. It ca be viewed as a respose to the growig dissatisfactio withi the Uited Natios with the arrow Security Coucil led approach that focuses o law eforcemet ad other security-related issues ad leaves coditios coducive to the spread of terrorism uaddressed. Accordig to the Strategy, amog these coditios are poverty, prologed uresolved coflicts, dehumaizatio of victims of terrorism, lack of rule of law ad violatios of huma rights, ethic, atioal ad religious discrimiatio, political exclusio, socio-ecoomic margializatio ad lack of good goverace. 7 The Task Force icludes represetatives from those parts of the UN system focused o these issues, such as UNDP ad UNESCO, both etities ot traditioally associated with couterterrorism. 8 Secretary-Geeral Aa s April 2006 report, Uitig Agaist Terrorism, highlights the role that UNESCO ca play i areas such as the fight agaist ethic/religious exclusio ad discrimiatio, the promotio of quality educatio ad religious ad cultural tolerace, iterfaith ad itrafaith dialogue, ad the role of the mass media ad codes of coduct for jouralists coverig terrorism. 9 As a matter of policy, UNESCO has ackowledged the lik betwee activities i support of the dialogue amog civilizatios, cultures ad peoples, ad efforts to discourage ad dissuade extremism ad faaticism. 10 Examples of cocrete programs that UNESCO has udertake i these areas, icludig through its umerous field offices, iclude (1) producig guidelies for promotig peace ad itercultural uderstadig through curricula, textbooks ad learig media ; 11 (2) preparig a code of coduct for scietists to help deter the use of scietific work for terrorist purposes; ad (3) lauchig Mododialogo, a iitiative started with support from DaimlerChrysler, which ecourages dialogue betwee youg people from diverse cultural, religious, ad liguistic backgrouds ad ecourages studets ad future egieers to thik about ew ways to develop itercultural learig ad to achieve sustaiable developmet. 12 As a member of the Task Force, UNESCO participates i the workig groups o Addressig Radicalizatio ad Recruitmet to Terror ad Couterig the Use of the Iteret for Terrorist Purposes, both of which cocer Pillars I ad II 13 of the Strategy. It also cochairs with the Departmet of Political Affairs the workig group o Promotig Iter-Cultural ad Iter-religious Dialogue, oe of oly two workig groups focused exclusively o Pillar I. Although the radicalizatio ad Iteret workig groups have bee active both i developig actio plas ad raisig fuds to eable them to implemet them, the latter has bee slow to get off the groud. Although ot a member of the Task Force, the Alliace of Civilizatios (AoC), with its small secretariat i New York, has a key role to play to promotig itercultural ad religious dialogue, i close cooperatio with UNESCO. It is charged with promotig the implemetatio of the recommedatios cotaied i the AoC report of the High-Level Group, which is specifically metioed i the Strategy. 14 The aim of the AoC Secretariat is to support, through a etwork of parterships, the developmet of 13

27 projects that promote uderstadig ad recociliatio amog cultures globally ad, i particular, betwee Muslim ad Wester societies. Amog the projects that the AoC will promote over the ext two years are a media fud to promote productios developed across cultural, religious, ad atioal lies; a Youth Employmet Ceter aimed at icreasig work opportuities for youg people i the Middle East; ad a iitiative to expad iteratioal studet exchage programs. 15 Recogizig the importace of buildig parterships with a rage of stakeholders i order to promote cross-cultural ad religious dialogue, the AoC Secretariat is reachig out to iteratioal ad regioal orgaizatios, civil society, ad the private sector to mobilize cocerted efforts to promote relatios amog diverse atios ad has established a Group of Frieds etwork of more tha 50 states ad iteratioal orgaizatios aimed at furtherig the AoC ageda. 16 This approach might offer some useful lessos to the Task Force as it moves forward with its work i the comig period. Although metio of UNDP is cospicuously abset from the Strategy, program areas for which it is resposible, such as promotig good goverace, the rule of law, ad social iclusio ad addressig other coditios coducive to the spread of terrorism, form a cetral compoet of Pillar I. With a overall budget of just less tha $5 billio, UNDP typically parters with member states to provide guidace ad techical assistace for developmet projects. 17 It also coducts programs o democratic goverace, the rule of law, justice ad security, coflict prevetio ad recovery, ad margialized-group empowermet. 18 Its log-term presece i almost all developig coutries allows UNDP to play a essetial role i facilitatig access to developmet assistace ad other forms of support ad formig strategic likages, icludig, for example, with civil society ad the private sector. It is i the best positio to highlight the close relatioship betwee security ad developmet, based o a recogitio that developmet ca oly be obtaied ad sustaied if istitutios ad mechaisms of goverace esure the security ad safety of citizes. Although reluctat to do so, UNDP could assist i likig the icreased iteratioal commitmet to couterterrorism capacity buildig reflected i the Strategy to the broader global developmet ageda. For example, it could ecourage assistace providers ad developmet officials to work together i combatig terrorism ad promotig developmet. This cooperative relatioship is essetial if oe hopes to make progress i itegratig these two issues. UNDP is ot oly the best represeted UN agecy o the groud, but its residet represetatives are geerally also the UN residet coordiators resposible for promotig coherece amog the differet parts of the UN system operatig i a particular coutry. Although it has bee reluctat to ivolve itself or associate ay of its activities with combatig terrorism, UNDP may be the orgaizatio best placed to coordiate i-coutry techical assistace programs ad serve as a focal poit for i-coutry implemetatio efforts. This would be cosistet with the recommedatio of the High- Level Pael o Uited Natios System-wide Coherece i the Areas of Developmet, Humaitaria Assistace ad the Eviromet to establish [o]e Uited Natios at the coutry level, with oe leader, oe programme, oe budget, ad, where appropriate, oe office