United Nations S/2012/465* Distr.: General 21 June 2012 Original: English Security Council Letter dated 20 June 2012 from the Chair of the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism addressed to the President of the Security Council On behalf of the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism, I have the honour to submit the report of the Counter-Terrorism Committee Executive Directorate for consideration by the Council as part of its interim review of the work of the Executive Directorate pursuant to paragraph 2 of resolution 1963 (2010) (see annex). The Committee would appreciate it if the present letter and its annex could be brought to the attention of the members of the Security Council and issued as a document of the Council. (Signed) H. S. Puri Chair Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism * Reissued for technical reasons on 28 June 2012. 12-35666* (E) 280612 *1235666* S/2012/465 Annex Report of the Counter-Terrorism Committee Executive Directorate on the activities and achievements of the Counter-Terrorism Committee and Executive Directorate from 2011 to 2012, including recommendations for future activities I. Introduction 1. The Security Council, in its resolution 1963 (2010), decided that the CounterTerrorism Committee Executive Directorate would continue to operate as a special political mission under the policy guidance of the Counter-Terrorism Committee for the period ending 31 December 2013 and also decided to conduct an interim review by 30 June 2012. The Committee, in its 2012 work programme (S/2012/172), stated that the Executive Directorate would assist the Committee in conducting an interim review of the Executive Directorate by 30 June 2012, by preparing and submitting a report to the Committee, in accordance with the same resolution. 2. The present report, prepared by the Executive Directorate pursuant to the above-mentioned resolution and work programme, contains a description of the activities and achievements of the Committee and Executive Directorate during the reporting period, with a particular focus on the elements specifically identified in the resolution. The Executive Directorate hopes that the report will be of assistance to the Committee in its work to advise the Security Council within the framework of the interim review. 3. Of particular note during the reporting period was the organization of a special meeting of the Committee with international, regional and subregional organizations, held in Strasbourg, France, in April 2011. The meeting was jointly organized by the Executive Directorate and the Council of Europe and focused on the prevention of terrorism. It concluded with a forward-looking statement by the Chair, highlighting the many ways in which such organizations could add value to the global counter-terrorism effort, for example, by sharing expertise, providing channels for improved information exchange or conducting activities that help to create formal and informal networks of professionals working in relevant fields. Participants also noted the essential role played by local communities, civil society and the private sector in efforts to prevent individuals from gravitating towards groups that promote ideologies of violent extremism. 4. Also of note was the organization on 28 September 2011 of a further special meeting of the Committee that was open to all States Members of the United Nations and marked the tenth anniversary of the adoption of Security Council resolution 1373 (2001) and the establishment of the Committee. At the conclusion of the meeting, the Committee adopted a forward-looking outcome document in which all Member States were urged to ensure zero tolerance towards terrorism and take urgent action to prevent and combat terrorism in all its forms and manifestations through the full and effective implementation of resolution 1373 (2001). 2 12-35666 S/2012/465 II. Visits to Member States 5. Early in 2011, the Committee agreed on a new list of States to be visited over the course of the three-year mandate conferred on the Executive Directorate by the Security Council in its resolution 1963 (2010). As at the end of April 2012, the Executive Directorate had conducted assessment missions to 11 of those States, bringing the total number visited since 2005 to 70 (including seven States that have now been visited twice). The Executive Directorate expected to visit a further five States before the end of June 2012. In addition, the Executive Directorate staff had taken advantage of their presence in a number of other Member States to discuss their counter-terrorism policies and approaches and the challenges they face and to deepen the dialogue on their implementation of resolutions 1373 (2001) and 1624 (2005). 6. The formal assessment missions and ad hoc visits are an essential part of the work of the Executive Directorate as they not only enable its experts to gather detailed information that enhances the accuracy and level of detail of the preliminary implementation assessments but also provide crucial insight into those counter-terrorism measures put in place across all world regions and those introduced at the national level. The visits have proven particularly useful in the preparation of the global surveys on the implementation by Member States of resolutions 1373 (2001) and 1624 (2005). III. Stocktaking of preliminary implementation assessments 7. Having completed the stocktaking of 25 preliminary implementation assessments over the past 18 months, the Committee has now adopted the initial assessments of all 193 Member States. Moreover, 121 States have entered the second stocktaking cycle. The Executive Directorate has revised the format of the assessments in order to make it more accessible to Member States and Committee experts and to simplify the periodic revision of the global implementation surveys. The Executive Directorate expects that the proposed format, currently before the Committee, will enhance the usefulness of such assessments as an evaluation tool. Once the Committee has adopted the revised format, the Executive Directorate experts will begin transferring data from the current assessments. IV. Technical assistance 8. As the Executive Directorate gathers more and more information on the particular challenges faced by Member States in implementing counter-terrorism strategies, its approach to technical assistance facilitation continues to evolve. The Executive Directorate continues to make specific technical assistance referrals relating to needs identified in visited States. During the reporting period, the Executive Directorate made 78 new referrals. Donors agreed to follow up on 74 referrals and in 56 cases the recipient State or institution subsequently agreed to the specific delivery modalities proposed by the donor(s) and/or Executive Directorate. Delivery of assistance has taken place in 65 instances. 9. The Executive Directorate also continued to take a regional or thematic approach to technical assistance facilitation in order to maximize its comparative 12-35666 3 S/2012/465 advantage as a Security Council body. In that regard, it held the fourth and fifth in the series of workshops for South Asian police, prosecutors and judges, which in turn led to several associated technical assistance projects, including one on witness protection and one on interview techniques in terrorism cases. In an Executive Directorate workshop on border management, held in Mauritania for States of the Sahel, representatives of nine States were brought together to explore the specific border control challenges faced by the subregion. The findings of the workshop have been fed into several follow-up activities, in which the Executive Directorate has been an active participant, including a mission of the Secretary-General to the subregion aimed at assessing the impact of the Libya crisis and the work of the recently established Global Counter-Terrorism Forum. 10. The Executive Directorate continued to implement two other major initiatives launched in 2010: workshops for law enforcement professionals of South-East Europe and practitioners' seminars for prosecutors with experience in dealing with terrorism cases. At the second practitioners' seminar, held in Ankara in July 2011, participants focused on the use of intelligence and other information gathered through special investigative techniques, such as interception, electronic surveillance, covert computer searches, informers and undercover agents. The Executive Directorate expects that both initiatives will lead to specific capacitybuilding projects to be implemented by the United Nations Office on Drugs and Crime (UNODC) or by bilateral donors. A third major initiative, on protecting the non-profit sector from abuse by terrorist financers, is described below. 11. Working together with partner organizations, the Executive Directorate also conducted a number of workshops on various thematic issues, notably including the cross-border movement of cash and other bearer-negotiable instruments in SouthEast Asia. The Executive Directorate is currently co-organizing future events on international joint investigations and the freezing of terrorist assets. 12. The Executive Directorate continues to share information with the Office of the United Nations High Commissioner for Human Rights (OHCHR) about human rights and rule-of-law technical assistance needs identified during country visits. In all of its referrals, the Executive Directorate works to ensure that the relevant human rights and rule-of-law aspects are integrated into assistance delivery. 13. The reporting period was also marked by the launch of the Global CounterTerrorism Forum. Even though the United Nations is not formally a Forum member, the engagement of the Executive Directorate in its activities is similar to its engagement in those of the former Counter-Terrorism Action Group of the Group of Eight. Since the launch of the Forum in September 2011, the Executive Directorate has actively contributed to the work of its working groups on the Sahel, the Horn of Africa, South-East Asia, criminal justice/the rule of law and countering violent extremism. The Executive Directorate will work closely with the Forum, which it perceives as a potentially effective vehicle for mobilizing political support for counter-terrorism initiatives and for channelling technical assistance and capacitybuilding initiatives in relevant geographic and thematic areas. 14. The Executive Directorate will also engage actively with the recently established United Nations Centre for Counter-Terrorism, within the framework of the Counter-Terrorism Implementation Task Force, and with the Centre of Excellence in Abu Dhabi. 4 12-35666 S/2012/465 V. Updated global survey on the implementation of resolution 1373 (2001) 15. Pursuant to resolution 1963 (2010), the Executive Directorate updated the global survey on the implementation by Member States of resolution 1373 (2001). In August 2011, the Committee adopted the survey, in which it noted that, in the decade since the adoption of resolution 1373 (2001), most States had made considerable progress in ratifying the international counter-terrorism instruments, tightening legislation, creating financial intelligence units and other specialized mechanisms, strengthening border and transportation security and improving information exchange and cooperation with other States. However, the Committee also noted that serious gaps remained in certain areas. Many States face genuine challenges in such areas as (a) prosecuting terrorist cases; (b) preventing the financing of terrorism through new payment methods, cash couriers and the misuse of non-profit organizations; and (c) ensuring that counter-terrorism measures comply with their obligations pursuant to international law. 16. Member States are encouraged to address those challenges by developing comprehensive and integrated national counter-terrorism strategies in which attention is drawn to conditions conducive to terrorism. In resolution 1963 (2010), the Security Council encouraged the Executive Directorate to engage in dialogue with Member States in that regard, in accordance with their obligations pursuant to international law and in close cooperation with the Counter-Terrorism Implementation Task Force and its working groups. The Executive Directorate will continue to include those issues in its country visits and dialogue with States. VI. Global survey on the implementation of resolution 1624 (2005) 17. In resolution 1963 (2010), the Security Council encouraged the Executive Directorate to focus increased attention on the implementation of resolution 1624 (2005) in its dialogue with Member States to develop strategies to counter the incitement of terrorist acts motivated by extremism and intolerance. In the same resolution, the Council directed the Executive Directorate to produce a global survey of the implementation on resolution 1624 (2005) that assessed the evolution of risks and threats, identified gaps in implementation and proposed new practical ways to implement the resolution. 18. The global survey on the implementation of resolution 1624 (2005) was adopted by the Committee on 28 December 2011 and forwarded to the Security Council. The survey identified several challenges to implementation, including the difficulty of reconciling action against incitement with human rights principles, the increasing need to tackle incitement through the Internet and other modern communications technologies and the need to prevent the subversion of educational, cultural and religious institutions. The survey identified a number of new practical approaches that could help to strengthen implementation of the resolution, including criminalizing incitement while also providing specific protections regarding freedom of expression; enhancing dialogue at the community and national levels; listening more attentively to the voices of victims and using victims to counter the appeal of those who incite terrorism; setting up rehabilitation programmes for 12-35666 5 S/2012/465 prisoners and detainees; and including all counter-terrorism activities within a comprehensive and integrated strategy that acknowledges the proper role of each activity in achieving the overall objective of preventing terrorist attacks. 19. The Executive Directorate work programme approved by the Committee in early 2011 included the promotion of resolution 1624 (2005) through the organization of six regional workshops aimed at gathering best implementation practices and developing new ideas for strengthening implementation. At the first of the workshops, held in East Africa in November 2011, officials from nine States of the subregion, relevant international and regional organizations and members of civil society were brought together. Participants gained considerable insight into the complex issues involved and drafted an informal list of principles to guide efforts to tackle incitement through specific projects and strategies. Those principles ranged from the importance of broad partnerships in the field between Government and local communities, civil society, the media and the private sector to the value of tackling the plight of marginalized or excluded communities by empowering youth and women socially and economically, including through targeted education programmes. The workshop also helped the Executive Directorate to identify elements that could form part of comprehensive and integrated national counterincitement strategies. The second workshop will be targeted at States of the Maghreb and the Sahel and a third at the North Africa subregion. It is expected that the two workshops will take place in the second half of 2012, with the remaining three to take place in 2013, subject to funding. VII. Engagement with international, regional and subregional organizations 20. The Executive Directorate continued to work closely with several international, regional and subregional organizations, which serve as force multipliers in its work. They participate in assessment missions, contribute to workshops and conferences and frequently accept the technical assistance referrals of the Executive Directorate. They include the African Centre for the Study and Research on Terrorism, the African Union, the Counter-Terrorism Task Force of the Asia-Pacific Economic Cooperation, the Inter-American Committee against Terrorism, the Council of Europe, the European Union, the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO), the International Criminal Police Organization (INTERPOL), the International Organization for Migration (IOM), the Shanghai Cooperation Organization, the Terrorism Prevention Branch of UNODC and the World Customs Organization. 21. At the special meetings of the Committee, senior officials of other partner organizations were in attendance, including the Organization of Islamic Cooperation (OIC), and addresses were given by the principal officers of several partner organizations, including the Chair of the Counter-Terrorism Task Force of the AsiaPacific Economic Cooperation, the Executive Director of the Asia/Pacific Group on Money-Laundering, the Secretary of the Inter-American Committee against Terrorism and the Assistant Secretary-General of the North Atlantic Treaty Organization. 22. The Executive Directorate strengthened its engagement with those and other organizations through the special meeting on terrorism prevention, held in 6 12-35666 S/2012/465 Strasbourg. A number of the organizations were key players in regional and thematic initiatives of the Executive Directorate, for example, (a) the regional meeting on border management in the Sahel (African Centre for the Study and Research on Terrorism, European Union, ICAO, INTERPOL and IOM); (b) the non-profit organization initiative (INTERPOL and the Terrorism Prevention Branch of UNODC); (c) the prosecutors' seminars (African Centre for the Study and Research on Terrorism, Inter-American Committee against Terrorism, Council of Europe, Eurojust and the Terrorism Prevention Branch of UNODC); (d) the workshop on cash couriers for South-East Asia (Asia/Pacific Group on Money-Laundering, INTERPOL, Terrorism Prevention Branch of UNODC and the World Customs Organization); (e) the workshop on the implementation of resolution 1624 (2005) (African Centre for the Study and Research on Terrorism, African Union, Alliance of Civilizations and OIC); and (f) the workshop for police and prosecutors of South Asia (Commonwealth, European Union and INTERPOL). 23. The Committee and Executive Directorate have also been more active in their engagement with civil society, as encouraged by the Council in its resolution 1963 (2010). Representatives of five non-governmental organizations were invited to make presentations and engage with other participants at the Strasbourg special meeting, and civil society organizations held parallel consultations on resolution 1373 (2001) on the day of the special meeting commemorating the tenth anniversary of the resolution. The Chair attended the latter meeting and also spoke in his national capacity. The Executive Directorate has involved civil society experts in several of the above-mentioned initiatives and their participation was crucial to the success of the workshop on the implementation of resolution 1624 (2005) since participants focused on ways to address grievances that might be exploited by terrorist recruiters and inciters. Civil society organizations also play a key role in the non-profit organization initiative and have participated in all meetings held so far. VIII. Engagement with the Counter-Terrorism Implementation Task Force and other Security Council bodies 24. The Executive Directorate continued its active engagement with the Office of the Counter-Terrorism Implementation Task Force, contributing in particular to the deliberations of its working groups on tackling financing of terrorism; protecting human rights while countering terrorism; countering the use of the Internet for terrorist purposes; dialogue, understanding and countering the appeal of terrorism; and border management relating to counter-terrorism, of which the Executive Directorate is co-Chair. The Executive Directorate also continued to act as co-Chair of the Integrated Assistance for Countering Terrorism initiative of the Task Force. 25. One of the most significant initiatives led by the Executive Directorate under the auspices of the task force is the initiative on protecting the non-profit sector, which constitutes a significant element of many national economies, from abuse by terrorist financers. The initiative was launched in London in January 2011 in cooperation with the Charity Commission for England and Wales, several task force partners and the Center for Global Counterterrorism Cooperation. It consists of six regional consultations aimed at identifying ways in which States can regulate the sector and protect it from being abused as a channel for terrorist financing while 12-35666 7 S/2012/465 also ensuring that it is not damaged by being unfairly associated with terrorism. The three workshops held so far, in Bangkok, Auckland, New Zealand, and Nairobi, have brought together national regulators and policymakers, financial experts, non-governmental organizations and international experts. The initiative will conclude in March 2013 with the production of a compendium of good practices, for use by Member States. 26. Another major initiative led by the Executive Directorate is the compilation, under the auspices of the Counter-Terrorism Implementation Task Force bordermanagement working group, of a compendium of international and regional instruments, norms and recommended practices for counter-terrorism-related border control and the development of a framework for the coordinated border-management of border-security risks, which will reference the instruments and measures gathered in the compendium. 27. Following the adoption of resolution 2017 (2011), the Executive Directorate was requested to contribute to a United Nations assessment of the terrorist threat to North Africa and subsequently joined a United Nations assessment mission to the Sahel, conducted in December 2011. The focus of the assessment was the potential impact of the Libya crisis and the resulting influx into the subregion of smuggled weapons, particularly man-portable air defence systems. The mission was conducted in close cooperation with the African Union and involved a number of CounterTerrorism Implementation Task Force entities. The mission's findings, including those of the Executive Directorate on the evolution of the terrorist threat to the subregion, were transmitted to the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya as part of the assessment requested pursuant to resolution 2017 (2011). 28. The Executive Directorate continued to cooperate closely with the experts of the Security Council Committee established pursuant to resolution 1540 (2004) and the Security Council Committee established pursuant to resolutions 1267 (1999) and 1989 (2011), including through the regular exchange of information and mission reports and the preparation of joint documents and joint statements of the three committee Chairs to the Council. The three committees also explored ways to enhance their cooperation in order to avoid duplication of work. The experts of the Security Council Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and, where appropriate, the Security Council Committee established pursuant to resolution 1540 (2004) also joined the Executive Directorate in country visits conducted on behalf of the Counter-Terrorism Committee. IX. Human rights 29. In accordance with the policy guidance of the Committee on human rights, the Executive Directorate continued to take account of relevant human rights concerns, including in the preparation of preliminary implementation assessments, in its dialogue with States on behalf of the Committee and within the framework of country visits, regional workshops and other events. Internal human rights guidance for the Executive Directorate was provided by its working group on resolution 1624 (2005) and human rights aspects of counter-terrorism, in the context of resolution 1373 (2001). The Executive Directorate continued to liaise with OHCHR and the Special Rapporteur on the promotion and protection of human rights and 8 12-35666 S/2012/465 fundamental freedoms while countering terrorism and other human rights entities. The Executive Directorate also continued to take an active part in the CounterTerrorism Implementation Task Force working group on protecting human rights while countering terrorism, chaired by OHCHR, which in turn participated in several Executive Directorate activities, including the regional workshop on the implementation of resolution 1624 (2005). X. Public communications and outreach 30. Much of the public communications and outreach of the Executive Directorate is conducted through the Office of the Counter-Terrorism Implementation Task Force and the Department of Public Information. However, the Public Affairs Officer of the Executive Directorate actively publicizes aspects of its work through press releases, articles, briefings to visitors and speeches at conferences and institutions. Meeting documents are regularly posted on the website of the Committee and the Executive Directorate maintains a Twitter account that has around 500 followers (mostly staff of United Nations missions). The Chair of the Committee and the Executive Director of the Executive Directorate also give press conferences, for example, on the occasion of the two special meetings of the Committee. The Chair also presides over regular briefings to the wider membership of the United Nations on the work of the Committee and the Executive Directorate. Those briefings always include a technical briefing by the Executive Directorate on a particular aspect of its work or on an area of counter-terrorism that might be of particular interest to Member States. XI. Organization and operation of the Executive Directorate 31. After nearly seven years of operation, the Executive Directorate is currently experiencing a period of significant staff turnover that has imposed certain strains since the selection processes are resource-intensive and prolonged. The Executive Directorate expects that all current vacancies will be filled by mid-2012 and that the new experts will bring a fresh perspective and new insights to its work. Of particular significance was the recent appointment at the D-1 level of the new Deputy Head of the Executive Directorate Assessment and Technical Assistance Office and Special Projects Unit Coordinator, who will lead all major activities that need to be coordinated across the Executive Directorate, for example, major technical workshops and cross-regional and multi-year projects. The Executive Directorate was also allocated a new human rights position as part of its December 2011 budget. That appointment will strengthen the work of the Senior Human Rights Adviser and further enhance the human rights aspect of the work of the Executive Directorate. For 2013, the budget of the Executive Directorate may need to be slightly adjusted in order to implement fully the mandate conferred upon it by resolution 1535 (2004) and supplemented by resolution 1963 (2010). XII. Planned future activities 32. The Executive Directorate will engage in the following activities during the remainder of its current mandate: 12-35666 9 S/2012/465 · Continue to assist the Committee in monitoring and promoting the implementation by Member States of resolutions 1373 (2001) and 1624 (2005) · Conduct a further 15 assessment missions · Continue to facilitate the delivery to Member States of technical assistance aimed at enhancing their capacity to implement resolutions 1373 (2001) and 1624 (2005) · Complete the initiative on preventing non-profit organizations from terrorist financing abuse · Complete the regional workshops on the role of prosecutors in counterterrorism · Launch the series of regional workshops on strengthening the role of national central authorities · Launch the series of regional workshops on effective freezing mechanisms · Continue to conduct law-enforcement and border-management workshops on various border-control themes, including the movement of cash across borders, international joint investigations and international cooperation · Update as needed the global surveys on the implementation of resolutions 1373 (2001) and 1624 (2005) · Continue to enhance its dialogue with States on the development of national comprehensive and integrated counter-terrorism strategies and the mechanisms to implement them · Continue to conduct workshops in various regions of the world on the implementation of resolution 1624 (2005) · Continue its active engagement with international, regional and subregional bodies concerning the identification and promotion of good practices for the implementation of resolutions 1373 (2001) and 1624 (2005) · Continue its active engagement with United Nations bodies, especially the Office of the Counter-Terrorism Implementation Task Force and its working groups, as well as the United Nations Centre for Counter-Terrorism · Explore further opportunities and areas to engage with newly established bodies, such as the Global Counter-Terrorism Forum XIII. Conclusions 33. The Executive Directorate has completed nearly all the specific tasks conferred on it by the Security Council in its resolution 1963 (2010) and will continue to conduct its work with full respect for and in the spirit of the resolution. In particular, it will work to strengthen its facilitation of technical assistance to States aimed at enhancing their implementation of resolutions 1373 (2001) and 1624 (2005) and to advise States on the development of comprehensive and integrated national counter-terrorism strategies and their implementing mechanisms. The Executive Directorate will strengthen its engagement with its international and 10 12-35666 S/2012/465 regional partners, the Office of the Counter-Terrorism Implementation Task Force and all other Task Force members and will seek opportunities to interact with civil society as appropriate and in consultation with the Committee and relevant Member States, bearing in mind their potentially very significant role in countering terrorism and particularly in promoting the implementation of resolution 1624 (2005). 12-35666 11