CTED Publishes Valuable Assessment of International Counter-Terrorism Efforts

By Victor Comras

Kudos should be given to the UN’s Counter Terrorism Committee Executive Directorate (CTED) for producing what is perhaps the most comprehensive and frank assessments to date of the international community’s implementation of Security Council Resolution 1373 and the measures adopted to combat international terrorism. Their report was presented to the Security Council by CTED Executive Director Mike Smith on December 16th and provides detailed information on what is actually being done, on the vulnerabilities, and on the technical assistance required. It provides a thematic overview of the laws and actions taken in the areas of enforcement, border control, countering the financing of terrorism, and international cooperation as well as a region by region assessment. Human rights considerations are also addressed. The report should be read closely by counter-terrorism pundits, researchers, and policy makers alike.

Let me be forgiven for not dwelling here on the numerous areas where progress has been substantial and success achieved. These are adequately portrayed in the Global Survey. My task here is to highlight and concentrate attention on the continuing shortcomings that need urgently to be considered and addressed.

While just about every country has adopted a broad array of counter-terrorism legislation, several serious gaps remain. The report finds that many of the most serious gaps are found in Africa, Southeast Asia, the Middle East, Central America and the Caribbean where countries continue to lack the capacity to carry out and enforce many of these measures. Several of these countries, the report indicates, lack advanced enforcement and terrorism prevention tools such as databases and forensics, and remain unable to conduct the sophisticated investigations and prosecutions that terrorism cases entail. The report also found that many of these countries lacked internal coordination and that regional cooperation in these areas remained minimal. Relatively few of these countries have sufficient legal resources or structures to accommodate or provide mutual legal assistance or to handle extradition requests.

Counterterrorism shortcomings in the Middle East remain particularly acute. While the region’s countries have all enacted counter-terrorism measures, almost all still fall short when it comes to criminalizing the full range of terrorist related activities referred to in resolution 1373 and/or included in the various counter-terrorism conventions. The CTED report concludes that further attention is needed both in terms of counter-terrorism legislation and implementation to ensure compliance with current international obligations. Special efforts should also be undertaken, the report says, with regard to terrorism financing and to putting in place the measures necessary to effectively regulate the financial sector, remittances, cash couriers and charities in order to ensure they are not misused for terrorist financing. Only five of the 12 Middle East countries covered in this section are parties to the International Convention for the Suppression of the Financing of Terrorism.

The Survey notes also that while North America and Western Europe have adopted comprehensive counter-terrorism programs, many remain cut off from sensitive information sharing arrangements or have sufficient authority to provide judicial assistance to other countries. Laws to prevent indoctrination, recruitment and incitement to terrorism are also lacking in several European countries.

Although most states are now parties to the International Convention for the Suppression of the Financing to Terrorism many countries still lack sufficient legislation to criminalize terrorist financing or to fully cover the offences set forth in the Convention. Moreover, the degree to which they are able to investigate and prosecute terrorist financing offences varies considerably. In fact, most States continue to lack sufficient personnel, expertise and experience in this area. The Survey also points out several shortcomings in the methodology involved in freezing of funds and assets of persons and entities associated with the commission or attempted commission of terrorist acts. And, the report notes that the financial intelligence units (FIUs) in many countries remain non operational. The effective regulation of cross border movements of cash and of informal money or value transfer systems such as hawala is also beyond the reach or capacity of many states.

Border control measures also vary considerably from region to region. CTED experts observed serious deficiencies in identity document control techniques and in airport and maritime port inspection and security arrangements.

As the CTED report concludes “the effective practical implementation of counter-terrorism policies and procedures requires a well-defined strategy, bolstered by a strong, well-coordinated domestic security and law enforcement apparatus that can detect, prevent and investigate terrorist activities…. Law enforcement agencies and personnel involved in combating terrorism must have access to counterterrorism-specific resources and information, including relevant international databases, as well as information on terrorist activities, movements, and use of technologies and weapons. States need to ensure not only that their domestic legislation provides their law enforcement agencies with the necessary operational manoeuvrability, but also that there is adequate funding, training and judicial oversight in place to enable those agencies to enhance their professional capabilities. Law enforcement agencies should work together with prosecutors and courts, within a framework of accountability and respect for the rule of law, in order to gain public trust and ensure the integrity of counter-terrorism efforts, from the prevention stage through to prosecution and punishment of persons who have committed terrorist acts." These attributes still remain sorely lacking in too many countries around the world.