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Preventing the provision of “safe haven” to terrorists

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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

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The requirements of Security Council The requirements of Security Council resolutions 1373 (2001) and 1624 (2005)resolutions 1373 (2001) and 1624 (2005)

Paragraph 2 (c) of resolution 1373 (2001)Paragraph 2 (c) of resolution 1373 (2001): “All States shall deny : “All States shall deny safe haven to those who finance, plan, facilitate or commit terrorist safe haven to those who finance, plan, facilitate or commit terrorist acts or provide safe haven”.acts or provide safe haven”.

Paragraph 2 (d) of resolution 1373 (2001)Paragraph 2 (d) of resolution 1373 (2001): “All States shall prevent : “All States shall prevent those who finance, plan, facilitate or commit terrorist act from using those who finance, plan, facilitate or commit terrorist act from using their respective territories for those purposes against other States or their respective territories for those purposes against other States or their citizens”.their citizens”.

Paragraph 1 (c) of resolution 1624 (2005)Paragraph 1 (c) of resolution 1624 (2005): “All States shall deny : “All States shall deny safe haven to any person with respect to whom there is credible and safe haven to any person with respect to whom there is credible and relevant information giving serious reasons for considering that they relevant information giving serious reasons for considering that they have been guilty of such conduct” (Incitement.)have been guilty of such conduct” (Incitement.)

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Need for a comprehensive approachNeed 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.

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The legal environment that denies safe haven:The legal environment that denies safe haven:

• Criminalizes the provision of safe haven: Criminalizes the provision of safe haven: harboring, concealing, facilitating entry harboring, concealing, facilitating entry and stay in the territory and stay in the territory

• Establishes sufficient jurisdiction to bring Establishes sufficient jurisdiction to bring terrorists to justiceterrorists to justice

• Respects the obligation to extradite or Respects the obligation to extradite or prosecuteprosecute

• Prohibits the “political offence” motive as Prohibits the “political offence” motive as grounds for refusing extradition.grounds for refusing extradition.

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Law enforcement and border control requirementsLaw enforcement and border control requirements

• Empower and fund competent authoritiesEmpower and fund competent authorities• Establish an effective border-management Establish an effective border-management

system and a border-control databasesystem and a border-control database• Establish secure identity and travel document Establish secure identity and travel document

issuance processesissuance processes• Provide technologyProvide technology• Combat illegal immigrationCombat illegal immigration• Increase cooperation between law enforcement Increase cooperation between law enforcement

and immigration agenciesand immigration agencies

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Detecting the presence of terrorists

Appropriate controls Requirements for access to key services Screening for terrorists when considering

applications for legal status

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Asylum: the requirements of resolution Asylum: the requirements of resolution 1373 (2001)1373 (2001)

Paragraph 3 (f): Paragraph 3 (f): “Take appropriate measures in “Take appropriate measures in conformity with the relevant provisions of conformity with the relevant provisions of national and international law, including the national and international law, including the international standards of human rights, before international standards of human rights, before granting refugee status, for the purpose of granting refugee status, for the purpose of ensuring that the asylum-seeker has not ensuring that the asylum-seeker has not planned, facilitate or participated in the planned, facilitate or participated in the commission of terrorist actscommission of terrorist acts

Paragraph 3 (g): Paragraph 3 (g): “Ensure, in conformity with “Ensure, in conformity with international law, that refugee status is not international law, that refugee status is not abused by the perpetrators, organizers or abused by the perpetrators, organizers or facilitators of terrorist acts…”facilitators of terrorist acts…”

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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

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RecommendationsRecommendations

The Committee should encourage States to:The Committee should encourage States to:- Bring terrorists to justice and make sure Bring terrorists to justice and make sure

that no terrorist or provider of safe haven that no terrorist or provider of safe haven remains unpunished; remains unpunished;

- Prevent the entry of terrorists into their Prevent the entry of terrorists into their territories, through appropriate screening territories, through appropriate screening and border-control measures;and border-control measures;

- States should become parties to the 1951 States should become parties to the 1951 Refugee Convention and 1967 Protocol.Refugee Convention and 1967 Protocol.