Presentation on theme: "1 Preventing the provision of “safe haven” to terrorists."— Presentation transcript:
1 Preventing the provision of “safe haven” to terrorists
2 Introduction Definition of “safe havens” Factors that may contribute to creation of safe havens: - - Limited resources and size of State. - - Geographical features: many islands, rough terrain, isolated areas, dense forest, etc. - - Absence or weakness of functioning central Government - - Conflicts - - Porous/open borders - - Lax immigration controls
3 The requirements of Security Council resolutions 1373 (2001) and 1624 (2005) Paragraph 2 (c) of resolution 1373 (2001): “All States shall deny safe haven to those who finance, plan, facilitate or commit terrorist acts or provide safe haven”. Paragraph 2 (d) of resolution 1373 (2001): “All States shall prevent those who finance, plan, facilitate or commit terrorist act from using their respective territories for those purposes against other States or their citizens”. Paragraph 1 (c) of resolution 1624 (2005): “All States shall deny safe haven to any person with respect to whom there is credible and relevant information giving serious reasons for considering that they have been guilty of such conduct” (Incitement.)
4 Need for a comprehensive approach I.To create a legal environment that prevents the provision of safe haven II.To prevent the mobility of terrorists across borders III. To detect the presence of terrorists within States’ territories IV.To ensure that asylum systems are not abused by terrorists.
5 The legal environment that denies safe haven: Criminalizes the provision of safe haven: harboring, concealing, facilitating entry and stay in the territory Criminalizes the provision of safe haven: harboring, concealing, facilitating entry and stay in the territory Establishes sufficient jurisdiction to bring terrorists to justice Establishes sufficient jurisdiction to bring terrorists to justice Respects the obligation to extradite or prosecute Respects the obligation to extradite or prosecute Prohibits the “political offence” motive as grounds for refusing extradition. Prohibits the “political offence” motive as grounds for refusing extradition.
6 Law enforcement and border control requirements Empower and fund competent authorities Empower and fund competent authorities Establish an effective border-management system and a border-control database Establish an effective border-management system and a border-control database Establish secure identity and travel document issuance processes Establish secure identity and travel document issuance processes Provide technology Provide technology Combat illegal immigration Combat illegal immigration Increase cooperation between law enforcement and immigration agencies Increase cooperation between law enforcement and immigration agencies
7 Detecting the presence of terrorists Appropriate controls Requirements for access to key services Screening for terrorists when considering applications for legal status
8 Asylum: the requirements of resolution 1373 (2001) Paragraph 3 (f): “Take appropriate measures in conformity with the relevant provisions of national and international law, including the international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum-seeker has not planned, facilitate or participated in the commission of terrorist acts Paragraph 3 (g): “Ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts…”
9 Asylum Measures to enhance implementation of resolution 1373 (2001) Effective implementation of safeguards Shortcomings in implementation of national and international legislation on asylum Focus on IDP and refugee camps
10 Recommendations The Committee should encourage States to: - Bring terrorists to justice and make sure that no terrorist or provider of safe haven remains unpunished; - Prevent the entry of terrorists into their territories, through appropriate screening and border-control measures; - States should become parties to the 1951 Refugee Convention and 1967 Protocol.