S/2002/875
Report of the Policy Working Group on the United Nations and Terrorism
Summary | I.Introduction | II. Dissuasion | III. Denial | IV. Cooperation | V. Recommendations | Appendix |
V. Recommendations
52. The recommendations below are grouped in accordance with the main tasks identified above. In each category, the recommendations have been presented in descending order of priority.
Dissuasion
International legal instruments
Recommendation 1
The importance of signing, ratifying and effectively implementing the 12 United Nations counter-terrorism conventions and, in particular, the International Convention for the Suppression of the Financing of Terrorisme of 1999, should be stressed to Member States. Both the Secretary-General and senior officials can convey this message in bilateral meetings and other forums. The basic premise of this message should be that counter-terrorism must be firmly grounded in international law.
Recommendation 2
The periodic review of the status of ratification and the action taken by States to implement the existing treaty regime on anti-terrorism should continue to be carried out every year by the Office of Legal Affairs, and, if requested by the General Assembly, analytical reviews of that regime should also be carried out.
Recommendation 3
In order to supplement anti-terrorist actions, an appeal should be made for the expeditious signature, ratification and entry into force of the United Nations Convention against Transnational Organized Crime,a and its three protocols.f
Human rights
Recommendation 4
All relevant parts of the United Nations system should emphasize that key human rights must always be protected and may never be derogated from. The independence of the judiciary and the existence of legal remedies are essential elements for the protection of fundamental human rights in all situations involving counter-terrorism measures.
Recommendation 5
The Department of Public Information should be requested, in consultation with the Office of the United Nations High Commissioner for Human Rights, to publish a digest of the core jurisprudence of international and regional human rights bodies on the protection of human rights in the struggle against terrorism. Governments and human rights organizations could find such a compilation of direct use in the development of counter-terrorism policies.
Recommendation 6
The United Nations High Commissioner for Human Rights should convene a consultation of international, regional and subregional organizations and non-governmental organizations on the protection of human rights in the struggle against terrorism. Smaller, regional gatherings should also be considered. The Office of the High Commissioner should also make maximum use of its field presences and its regional experts, as well as the findings of the human rights treaty bodies and special rapporteurs.
Non-legal norm setting
Recommendation 7
The United Nations system, under the leadership of the Secretary-General, should deliver a consistent, clear, principled message when addressing the issue of terrorism, as follows:
(a) The targeting of unarmed civilians is wrong in all circumstances;
(b) Governments must ensure that there are avenues to enable citizens to express
concerns and grievances;
(c) Military force should be used only in strict adherence with the principles
enshrined in the Charter of the United Nations. Such use of force must be
exercised in accordance with the international laws of war. The targeting
of civilians and the disproportionate use of force beyond legitimate military
objectives violate international humanitarian law;
(d) Security cannot be achieved by sacrificing human rights.
Recommendation 8
The Department of Public Information should initiate a review of how the United Nations can reach local populations that support terrorist aims, in a form that is designed to be "heard" by those communities. Country teams should be used to the greatest extent possible to determine the best means of conveying messages to target audiences.
Recommendation 9
Review and enhance the outreach of the United Nations information centres to civil society, including the growing number of institutes and think-tanks in Arabic-speaking countries.
Recommendation 10
The activities of the United Nations related to the fight against terrorism
should be promoted through, inter alia:
(a) Public information regarding the work of the Counter-Terrorism Committee,
including the dissemination of positive examples of its work such as the assistance
provided by the Committee and donors, and advances in regional cooperation;
(b) Dissemination of the work of United Nations agencies on the broad range
of problems that relate to terrorism, including giving greater prominence to
the work undertaken by the United Nations Educational, Scientific and Cultural
Organization and other organizations of the United Nations system in respect
of educational initiatives, such as curricula reform, that aim to increase understanding,
encourage tolerance and respect for human dignity, while reducing mutual mistrust
between communities in conflict. Elements of the United Nations system which
address the issue of education should meet to determine how best to mount a
coherent worldwide programme to assist countries in which the educational systems
need support or that are under the control of groups advocating terror;
(c) Promotion of the role of international law in combating terrorism.
Recommendation 11
Continue emphasizing the importance to the fight against terrorism of existing United Nations work in the areas of human rights, democratic capacity-building, and social and economic justice.
Recommendation 12
Ensure better internal communication within the United Nations system, so as to allow all departments, agencies and programmes to be well informed of the activities under way in this field of activity.
Denial
Counter-Terrorism Committee
Recommendation 13
It should be ensured that expertise developed in the various United Nations system offices is made available to the Counter-Terrorism Committee. The Committee should be consulted about ways to enhance and make more sustainable the available Secretariat support for its work. Consideration should be given to convening a meeting of relevant United Nations actors and the Counter-Terrorism Committee in order to promote greater dialogue with the United Nations system. The symposium on the theme "Combating international terrorism: the contribution of the United Nations", held at Vienna on 3 and 4 June 2002, has provided a first phase for such a process.
Recommendation 14
To assist Member States and regional bodies in the implementation of Security Council resolution 1373 (2001), the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention could develop model legislation and provide advice to ensure that existing laws designed to fight domestic terrorism are amended in order to ensure their effectiveness against terrorism. Since the Centre is currently considering how best to organize itself to carry out these tasks, the Group does not have a specific recommendation on how this should be done, other than to note that additional resources may be required.
Recommendation 15
States should be encouraged to view the implementation of Council resolution 1373 (2001) and, by extension, the mechanism of targeted sanctions, as an instrument of democratic governance and statecraft that would help States more effectively to control their borders, regulate trade and control the activities of illicit traffickers, terrorists, organized crime and other non-State actors.
Recommendation 16
Together with the United Nations High Commissioner for Human Rights, a dialogue should be maintained with the Counter-Terrorism Committee on the importance of ensuring respect for human rights during the implementation of legislation, policies and practices to combat terrorism.
Recommendation 17
A network involving the United Nations system and the Bretton Woods institutions should be created to help Member States (in particular those needing greater assistance) to implement the recommendations of the Counter-Terrorism Committee.
Disarmament
Recommendation 18
Consideration should be given to the establishment of a mechanism under the Department for Disarmament Affairs that would produce a biennial public report on the potential use of weapons of mass destruction in terrorist acts. This mechanism would make use of existing United Nations resources and specialized databases, as well as information received from Member States, and could serve as a barometer of terrorist danger. Furthermore, this mechanism could be available to assist the Committee, either directly, by providing analysis and advice, or indirectly, by recommending appropriate cooperation between the Security Council (or the Committee) and the relevant operational agencies, such as the International Atomic Energy Agency or the Organization for the Prohibition of Chemical Weapons. The aforementioned report could be linked to the periodic review of legislation referred to in recommendation 2 above and, if deemed appropriate, submitted to the General Assembly so as to draw the attention of the membership to this important issue.
Recommendation 19
The development of the technical capabilities of the International Atomic
Energy Agency, the Organization for the Prohibition of Chemical Weapons and
the World Health Organization to provide assistance to States in the event
of the threat or use of weapons of mass destruction, other weapons and technologies
should be encouraged.
Recommendation 20
Arrangements through which specialized agencies or related organizations can provide assistance and advice to States on how to develop and maintain adequate civil defence capability against the use of weapons of mass destruction, other weapons or technologies should be facilitated.
Recommendation 21
Relevant United Nations offices should be tasked with producing proposals to reinforce ethical norms, and the creation of codes of conduct for scientists, through international and national scientific societies and institutions that teach sciences or engineering skills related to weapons technologies, should be encouraged. Such codes of conduct would aim to prevent the involvement of defence scientists or technical experts in terrorist activities and restrict public access to knowledge and expertise on the development, production, stockpiling and use of weapons of mass destruction or related technologies.
Preventive measures
Recommendation 22
The importance of effective post-conflict peace-building should be emphasized, not only to avert the resurgence of violent conflict, but also to prevent the development of situations of lawlessness in which terrorist groups may thrive. The United Nations Development Programme and the Department of Political Affairs, and together with the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention, could set up a database of best practice in these fields, which could be developed and disseminated in order to help Member States in their fight against terrorism.
Recommendation 23
Measures should be taken to ensure that the mandates of peacekeeping operations are sensitive to terrorism-related issues, providing, for instance, that civilian police officers received appropriate training on measures to identify and counter terrorist groups.
Recommendation 24
The Office for Drug Control and Crime Prevention and the Department for Disarmament Affairs should study the links between terrorism and organized crime, including drug trafficking, money-laundering, illicit trafficking of arms and corruption, which provide an environment that enables terrorist operations to expand.
Cooperation
Non-United Nations multilateral initiatives
Recommendation 25
Terrorism should be on the agenda for the next high-level meeting of the Secretary-General with regional organizations, scheduled to be held in 2003.
Recommendation 26
The above-mentioned meeting could develop an international action plan in
which the United Nations would:
(a) Encourage closer cooperation among regional organizations and promote the
establishment of an informal network of contacts;
(b) Call upon international financial institutions and other donors to increase
the resources and technical assistance they provide to developing countries
to combat the financing of terrorism;
(c) Cooperate with regional organizations in identifying best practice in the
field of counter-terrorism and promote its adoption.
Recommendation 27
The Department of Political Affairs, as the focal point of the United Nations system on terrorism, should maintain contact with regional and international organizations in order to ensure that the United Nations is consistently represented at an appropriate level at international meetings on the subject.
Recommendation 28
Action should be taken to ensure that existing meetings for interaction with regional organizations include cooperation in the fight against terrorism as a priority issue in their agendas.
Recommendation 29
Measures should be taken to assign a clearer responsibility and to allocate the needed capacity for more effective liaison with Interpol and other police-related activities, in order to ensure that information flows through the United Nations system.
Coordination and coherence within the United Nations system
Recommendation 30
In order to clarify responsibilities, the Department of Political Affairs should be identified as the focal point of the United Nations system for political and strategic issues related to counter-terrorism, while the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention should take the lead in assisting Member States in implementing the relevant conventions and resolutions. The Office of Legal Affairs should continue to assist Member States in the elaboration of conventions against terrorism.
Recommendation 31
Improve coordination to avoid overlaps and gaps in counter-terrorism activities
should be improved by:
(a) Making counter-terrorism a regular (annual) item on the agendas of the High-level
Committee on Programmes and of the United Nations System Chief Executives Board
for Coordination with the aim of enhancing coordination among agencies, funds
and programmes;
(b) Tasking ECPS, chaired by the Department of Political Affairs as the focal
point of the United Nations system on terrorism, to meet on the subject every
two months in order to achieve greater coordination in the action taken by the
United Nations to counter terrorism.
Notes
a General Assembly resolution 55/25, annex I.
b General Assembly resolution 2200 A (XXI), annex.
c See Report of the United Nations Conference on the Illicit Trade in Small
Arms and Light Weapons in All Its Aspects, New York, 9-20 July 2001 (A/CONF.192/15),
chap. IV.
d General Assembly resolution 55/255, annex.
e General Assembly resolution 54/109, annex.
f General Assembly resolution 55/25, annexes II and III, and resolution 55/255,
annex.
Summary | I.Introduction | II. Dissuasion | III. Denial | IV. Cooperation | V. Recommendations | Appendix |
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