Sixty-second session Agenda item 108 Measures to eliminate international terrorism Report of the Sixth Committee Rapporteur: Mr. Adam Mulawarman Tugio (Indonesia) I. Introduction 1. The item entitled “Measures to eliminate international terrorism” was included in the provisional agenda of the sixty-second session of the General Assembly pursuant to Assembly resolution 61/40 of 4 December 2006. 2. At its 3rd plenary meeting, on 21 September 2007, the General Assembly, on the recommendation of the General Committee, decided to include the item in its agenda and to allocate it to the Sixth Committee. 3. The Sixth Committee considered the item at its 3rd to 5th, 16th and 28th meetings, on 10, 11 and 26 October and 19 November 2007. The views of the representatives who spoke during the Committee’s consideration of the item are reflected in the relevant summary records (A/C.6/62/SR.3-5, 16 and 28). 4. For its consideration of the item, the Committee had before it the following documents: (a) Report of the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996; (b) Report of the Secretary-General on measures to eliminate international terrorism (A/62/160); (c) Letter dated 15 August 2007 from the representative of the Sudan to the Secretary-General (A/62/291); (d) Letter dated 18 September 2007 from the representative of Mali to the Secretary-General (A/62/359-S/2007/569); (e) Letter dated 20 September 2007 from the representative of Mali to the Secretary-General (A/62/366-S/2007/570); (f) Note verbale dated 4 October 2007 from the Permanent Mission of Senegal to the United Nations addressed to the Secretary-General (A/62/479-S/2007/602); (g) Letter dated 10 October 2007 from the representatives of El Salvador, Honduras and Nicaragua to the Secretary-General (A/62/486); (h) Letter dated 17 October 2007 from the representative of Tajikistan to the Secretary-General, transmitting the Bishkek Declaration adopted on 16 August 2007 by the Council of Heads of State of the Shanghai Cooperation Organization (A/62/492-S/2007/616); (i) Letter dated 18 October 2007 from the representative of Pakistan to the Secretary-General, transmitting the final communiqué of the annual coordination meeting of the Ministers for Foreign Affairs of the States members of the Organization of the Islamic Conference, held at United Nations Headquarters on 2 October 2007 (A/62/507-S/2007/636); (j) Letter dated 31 October 2007 from the representative of the Islamic Republic of Iran to the Secretary-General (A/62/524-S/2007/650). 5. At its 1st meeting, on 8 October, the Sixth Committee established a Working Group to continue to carry out the mandate of the Ad Hoc Committee established by General Assembly resolution 51/210, as contained in resolution 61/40. At the same meeting, the Committee re-elected Rohan Perera (Sri Lanka) as Chairman of the Working Group. The Working Group held three meetings, on 11, 15 and 18 October. 6. At the 3rd meeting of the Sixth Committee, on 10 October, the Chairman of the Ad Hoc Committee established by General Assembly resolution 51/210 introduced the report of the Ad Hoc Committee; and at the 16th meeting, on 26 October, the Chairman of the Working Group presented an oral report on the work of the Working Group and on the results of the bilateral contacts with delegations which were held intersessionally and on 16 and 17 October (see A/C.6/62/SR.3 and 16). II. Consideration of draft resolution A/C.6/62/L.14 7. At the 28th meeting, on 19 November, the representative of Canada, on behalf of the Bureau, introduced a draft resolution entitled “Measures to eliminate international terrorism” (A/C.6/62/L.14). 8. At the same meeting, the Secretary of the Committee made a statement regarding the financial implications of the draft resolution. 9. Also at the same meeting, the Committee adopted draft resolution A/C.6/62/L.14 without a vote (see para. 11). 10. Before the adoption of the draft resolution, the representatives of Egypt, Algeria, Iran (Islamic Republic of) and Uganda made statements in explanation of position; after the adoption of the draft resolution, the representatives of Venezuela (Bolivarian Republic of), Tunisia, the Sudan and Cuba made statements in explanation of position (see A/C.6/62/SR.28). III. Recommendation of the Sixth Committee 11. The Sixth Committee recommends to the General Assembly the adoption of the following draft resolution: Measures to eliminate international terrorism The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, Reaffirming the United Nations Global Counter-Terrorism Strategy in all its aspects adopted on 8 September 2006, enhancing the overall framework for the efforts of the international community to effectively counter the scourge of terrorism in all its forms and manifestations, Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, Recalling also the United Nations Millennium Declaration, Recalling further the 2005 World Summit Outcome, and reaffirming in particular the section on terrorism, Recalling the Declaration on Measures to Eliminate International Terrorism, contained in the annex to General Assembly resolution 49/60 of 9 December 1994, and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, contained in the annex to resolution 51/210 of 17 December 1996, Recalling also all General Assembly resolutions on measures to eliminate international terrorism, and Security Council resolutions on threats to international peace and security caused by terrorist acts, Convinced of the importance of the consideration of measures to eliminate international terrorism by the General Assembly as the universal organ having competence to do so, Deeply disturbed by the persistence of terrorist acts, which have been carried out worldwide, Reaffirming its strong condemnation of the heinous acts of terrorism that have caused enormous loss of human life, destruction and damage, including those which prompted the adoption of General Assembly resolution 56/1 of 12 September 2001, as well as Security Council resolutions 1368 (2001) of 12 September 2001, 1373 (2001) of 28 September 2001 and 1377 (2001) of 12 November 2001, and those that have occurred since the adoption of the latter resolution, Recalling the strong condemnation of the atrocious and deliberate attack against the headquarters of the United Nations Assistance Mission for Iraq in Baghdad on 19 August 2003 in General Assembly resolution 57/338 of 15 September 2003 and Security Council resolution 1502 (2003) of 26 August 2003, Affirming that States must ensure that any measure taken to combat terrorism complies with all their obligations under international law and adopt such measures in accordance with international law, in particular international human rights, refugee and humanitarian law, Stressing the need to strengthen further international cooperation among States and among international organizations and agencies, regional organizations and arrangements and the United Nations in order to prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and by whomsoever committed, in accordance with the principles of the Charter, international law and the relevant international conventions, Noting the role of the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism in monitoring the implementation of that resolution, including the taking of the necessary financial, legal and technical measures by States and the ratification or acceptance of the relevant international conventions and protocols, Mindful of the need to enhance the role of the United Nations and the relevant specialized agencies in combating international terrorism, and of the proposals of the Secretary-General to enhance the role of the Organization in this respect, Mindful also of the essential need to strengthen international, regional and subregional cooperation aimed at enhancing the national capacity of States to prevent and suppress effectively international terrorism in all its forms and manifestations, Reiterating its call upon States to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter, Emphasizing that tolerance and dialogue among civilizations, and enhancing interfaith and intercultural understanding, are among the most important elements in promoting cooperation and success in combating terrorism, and welcoming the various initiatives to this end, Reaffirming that no terrorist act can be justified in any circumstances, Recalling Security Council resolution 1624 (2005) of 14 September 2005, and bearing in mind that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law, Taking note of the recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, including those of, inter alia, the African Union, the ASEAN Regional Forum, the Asia-Pacific Economic Cooperation, the Association of Southeast Asian Nations, the Bali Counter-Terrorism Process, the Central American Integration System, the Collective Security Treaty Organization, the Common Market for Eastern and Southern Africa, the Cooperation Council for the Arab States of the Gulf, the Council of Europe, the Economic Community of West African States, the Euro-Mediterranean Partnership, the European Free Trade Association, the European Union, the Group of Eight, the Intergovernmental Authority on Development, the International Maritime Organization, the International Civil Aviation Organization, the League of Arab States, the Movement of Non-Aligned Countries, the North Atlantic Treaty Organization, the Organization for Economic Cooperation and Development, the Organization for Security and Cooperation in Europe, the Organization of American States, the Organization of the Islamic Conference, the Pacific Islands Forum, the Shanghai Cooperation Organization, the Southern African Development Community and the World Customs Organization, Noting regional efforts to prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and by whomsoever committed, including through the elaboration of and adherence to regional conventions, Recalling its decision in resolutions 54/110 of 9 December 1999, 55/158 of 12 December 2000, 56/88 of 12 December 2001, 57/27 of 19 November 2002, 58/81 of 9 December 2003, 59/46 of 2 December 2004, 60/43 of 8 December 2005 and 61/40 of 4 December 2006 that the Ad Hoc Committee established by General Assembly resolution 51/210 should address, and keep on its agenda, the question of convening a high-level conference under the auspices of the United Nations to formulate a joint organized response of the international community to terrorism in all its forms and manifestations, Recalling also the Final Document of the Fourteenth Conference of Heads of State or Government of Non-Aligned Countries, adopted in Havana on 16 September 2006, which reiterated the collective position of the Movement of Non-Aligned Countries on terrorism and reaffirmed its previous initiative calling for an international summit conference under the auspices of the United Nations to formulate a joint organized response of the international community to terrorism in all its forms and manifestations, as well as other relevant initiatives, Aware of its resolutions 57/219 of 18 December 2002, 58/187 of 22 December 2003, 59/191 of 20 December 2004, 60/158 of 16 December 2005 and 61/171 of 19 December 2006, Having examined the report of the Secretary-General, the report of the Ad Hoc Committee established by resolution 51/210 and the oral report of the Chairperson on the work of the Working Group established by the Sixth Committee during the sixty-second session of the General Assembly, 1. Strongly condemns all acts, methods and practices of terrorism in all its forms and manifestations as criminal and unjustifiable, wherever and by whomsoever committed; 2. Calls upon all Member States, the United Nations and other appropriate international, regional and subregional organizations to implement the United Nations Global Counter-Terrorism Strategy_Ref182638510 \h \* MERGEFORMAT 1 in all its aspects at the international, regional, subregional and national levels without delay, including through mobilizing resources and expertise; 3. Recalls the pivotal role of the General Assembly in following up the implementation and updating of the Strategy, and in this regard also recalls its invitation to the Secretary-General to contribute to the future deliberations of the General Assembly, and requests the Secretary-General when doing so to provide information on relevant activities within the Secretariat to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system; 4. Reiterates that criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be invoked to justify them; 5. Reiterates its call upon all States to adopt further measures in accordance with the Charter of the United Nations and the relevant provisions of international law, including international standards of human rights, to prevent terrorism and to strengthen international cooperation in combating terrorism and, to that end, to consider in particular the implementation of the measures set out in paragraphs 3 (a) to (f) of resolution 51/210; 6. Also reiterates its call upon all States, with the aim of enhancing the efficient implementation of relevant legal instruments, to intensify, as and where appropriate, the exchange of information on facts related to terrorism and, in so doing, to avoid the dissemination of inaccurate or unverified information; 7. Reiterates its call upon States to refrain from financing, encouraging, providing training for or otherwise supporting terrorist activities; 8. Urges States to ensure that their nationals or other persons and entities within their territory that wilfully provide or collect funds for the benefit of persons or entities who commit, or attempt to commit, facilitate or participate in the commission of terrorist acts are punished by penalties consistent with the grave nature of such acts; 9. Reminds States of their obligations under relevant international conventions and protocols and Security Council resolutions, including Security Council resolution 1373 (2001), to ensure that perpetrators of terrorist acts are brought to justice; 10. Reaffirms that international cooperation as well as actions by States to combat terrorism should be conducted in conformity with the principles of the Charter, international law and relevant international conventions; 11. Recalls the adoption of the International Convention for the Suppression of Acts of Nuclear Terrorism, the Amendment to the Convention on the Physical Protection of Nuclear Material, the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, and urges all States to consider, as a matter of priority, becoming parties to these instruments; 12. Urges all States that have not yet done so to consider as a matter of priority, and in accordance with Security Council resolution 1373 (2001), and Council resolution 1566 (2004) of 8 October 2004, becoming parties to the relevant conventions and protocols as referred to in paragraph 6 of General Assembly resolution 51/210, as well as the International Convention for the Suppression of Terrorist Bombings, the International Convention for the Suppression of the Financing of Terrorism, the International Convention for the Suppression of Acts of Nuclear Terrorism, and the Amendment to the Convention on the Physical Protection of Nuclear Material, and calls upon all States to enact, as appropriate, the domestic legislation necessary to implement the provisions of those conventions and protocols, to ensure that the jurisdiction of their courts enables them to bring to trial the perpetrators of terrorist acts, and to cooperate with and provide support and assistance to other States and relevant international and regional organizations to that end; 13. Urges States to cooperate with the Secretary-General and with one another, as well as with interested intergovernmental organizations, with a view to ensuring, where appropriate within existing mandates, that technical and other expert advice is provided to those States requiring and requesting assistance in becoming parties to and implementing the conventions and protocols referred to in paragraph 12 above; 14. Notes with appreciation and satisfaction that, consistent with the call contained in paragraphs 11 and 12 of resolution 61/40, a number of States became parties to the relevant conventions and protocols referred to therein, thereby realizing the objective of wider acceptance and implementation of those conventions, and, in this regard, welcomes in particular the entry into force on 7 July 2007 of the International Convention for the Suppression of Acts of Nuclear Terrorism; 15. Reaffirms the Declaration on Measures to Eliminate International Terrorism and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, and calls upon all States to implement them; 16. Calls upon all States to cooperate to prevent and suppress terrorist acts; 17. Urges all States and the Secretary-General, in their efforts to prevent international terrorism, to make the best use of the existing institutions of the United Nations; 18. Requests the Terrorism Prevention Branch of the United Nations Office on Drugs and Crime in Vienna to continue its efforts to enhance, through its mandate, the capabilities of the United Nations in the prevention of terrorism, and recognizes, in the context of the United Nations Global Counter-Terrorism Strategy and Security Council resolution 1373 (2001), its role in assisting States in becoming parties to and implementing the relevant international conventions and protocols relating to terrorism, including the most recent among them, and in strengthening international cooperation mechanisms in criminal matters related to terrorism, including through national capacity-building; 19. Welcomes the current efforts by the Secretariat to prepare the third edition of the publication International Instruments related to the Prevention and Suppression of International Terrorism in all official languages; 20. Invites regional intergovernmental organizations to submit to the Secretary-General information on the measures they have adopted at the regional level to eliminate international terrorism, as well as on intergovernmental meetings held by those organizations; 21. Notes the progress attained in the elaboration of the draft comprehensive convention on international terrorism during the meetings of the Ad Hoc Committee established by General Assembly resolution 51/210 and the Working Group established by the Sixth Committee during the sixty-second session of the General Assembly, and welcomes continuing efforts to that end; 22. Decides that the Ad Hoc Committee shall, on an expedited basis, continue to elaborate the draft comprehensive convention on international terrorism, and shall continue to discuss the item included in its agenda by General Assembly resolution 54/110 concerning the question of convening a high-level conference under the auspices of the United Nations; 23. Also decides that the Ad Hoc Committee shall meet on 25 and 26 February and 6 March 2008 in order to fulfil the mandate referred to in paragraph 22 above; 24. Requests the Secretary-General to continue to provide the Ad Hoc Committee with the necessary facilities for the performance of its work; 25. Requests the Ad Hoc Committee to report to the General Assembly at its sixty-second session in the event of the completion of the draft comprehensive convention on international terrorism; 26. Also requests the Ad Hoc Committee to report to the General Assembly at its sixty-third session on progress made in the implementation of its mandate; 27. Decides to include in the provisional agenda of its sixty-third session the item entitled “Measures to eliminate international terrorism”. Official Records of the General Assembly, Sixty-second Session, Supplement No. 37 (A/62/37). Resolution 60/288. See resolution 50/6. See resolution 55/2. See resolution 60/1. See A/53/667S/1998/1071, annex I, paras. 149–162. A/62/160. Official Records of the General Assembly, Sixty-second Session, Supplement No. 37 (A/62/37). Ibid., Sixty-Second Session, Sixth Committee, 16th meeting (A/C.6/62/SR.16). Resolution 59/290, annex. Adopted on 8 July 2005 by the Conference to Consider Proposed Amendments to the Convention on the Physical Protection of Nuclear Material. Adopted on 14 October 2005 by the Diplomatic Conference on the Revision of the SUA Treaties (LEG/CONF.15/21). Adopted on 14 October 2005 by the Diplomatic Conference on the Revision of the SUA Treaties (LEG/CONF.15/22). United Nations, Treaty Series, vol. 2149, No. 37517. Ibid., vol. 2178, No. 38349. __________________ __________________  sss1 \* MERGEFORMAT A/62/455 sss1 \* MERGEFORMAT A/62/455 FooterJN \* MERGEFORMAT 07-54618 \* MERGEFORMAT 2 \* MERGEFORMAT 3 FooterJN \* MERGEFORMAT 07-54618 United Nations A/62/455 General Assembly Distr.: General 21 November 2007 Original: English jobn \* MERGEFORMAT 07-54618 (E) 301107 Barcode \* MERGEFORMAT *0754618*