The Counter-Terrorism Committee and its Executive Directorate The United Nations system, including the General Assembly, the Security Council and the funds, agencies and programmes, has been engaged in combating terrorism for many decades. The Organization has worked to bring the international community together to prevent and combat terrorism and has developed the international counter-terrorism legal framework to help States combat the threat collectively. In September 2001, acting under Chapter VII of the UN Charter, the Security Council adopted resolution 1373, a far-reaching resolution that charted the way forward in the fight against terrorism. The resolution also created the Counter-Terrorism Committee (CTC), which consists of all 15 members of the Security Council, to monitor the implementation of its provisions. Security Council resolution 1373 (2001) requires all Member States to implement a number of measures to enhance their legal and institutional ability to counter terrorist activities at home, in their regions, and around the world. In particular, Member States are required to: · · · · · · · · Criminalize the financing of terrorism Freeze without delay any funds related to persons involved in acts of terrorism Deny all forms of financial support for terrorist groups Suppress the provision of safe haven, sustenance or support for terrorists Share information with other Governments on any groups practicing or planning terrorist acts Cooperate with other Governments in the investigation, detection, arrest, extradition and prosecution of those involved in such acts Criminalize active and passive assistance for terrorism in domestic law and bring violators to justice Implement effective border-control measures. Reflecting the international community's determination to address the root causes of terrorism, the Council's resolution 1624 (2005) directs the CTC to help States prevent incitement to commit terrorist acts and calls on States to prevent and prohibit incitement, strengthen international cooperation and border control, and enhance dialogue and understanding among civilizations. It also stresses that States must ensure that any measures they take to implement the resolution comply with all of their obligations under international law, in particular international human rights law, refugee law, and humanitarian law. The Counter-Terrorism Committee Executive Directorate (CTED) In 2004, the Council created the Counter-Terrorism Committee Executive Directorate (CTED) to strengthen and coordinate the monitoring process. CTED is headed by an Executive Director, at the level of Assistant Secretary-General. Security Council resolution 2129, adopted in December 2013, extends CTED's mandate until 31 December 2017. The Council notes in the resolution that new terrorist trends are emerging and that the terrorist threat "has become more diffuse, with an increase, in various regions of the world, of terrorist acts, including those motivated by intolerance and extremism". 1 The resolution also calls on the CTC and CTED to be more active in combating violent extremism and to focus on prevention in response to the global terrorist threat. CTED consists of around 40 staff members, around half of whom are legal experts tasked with analysing reports submitted to the CTC by States on progress made in implementing resolutions 1373 (2001) and 1624 (2005). CTED also has two human rights officers. CTED is divided into two sections: the Assessment and Technical Assistance Office (ATAO) and the Administrative and Information Office (AIO). The ATAO is divided into three geographical clusters to enable its experts to specialize in particular world regions. Five technical groups work horizontally across the ATAO to identify issues and criteria for making assessments in their respective areas of expertise and then share their findings across the three clusters. The five groups deal respectively with technical assistance matters; terrorist financing; border control, arms trafficking and law enforcement; general legal issues, including legislation, extradition and mutual legal assistance; and issues raised by resolution 1624 (2005) and the human rights aspects of counter-terrorism in the context of resolution 1373 (2001). The clusters and technical groups regularly brief the CTC and the wider UN membership on their work. Within AIO, a quality-control unit works to improve the technical accuracy, consistency and style of CTED documents. The public communications and outreach unit engages in promotional and media-related activities. As well as assisting the Committee to monitor the status of implementation of the two resolutions, CTED identifies States' technical assistance needs and works with its partners to facilitate the delivery of targeted assistance with a view to strengthening States' counterterrorism capacities. It uses two main tools in its dialogue with States: the Detailed Implementation Assessment (DIS) and country visits conducted with the approval of the host Government. The DIS helps CTED and the Committee to understand and define the counterterrorism situation in each State. It is shared only with the State concerned and is prepared on the basis of information provided by the State concerned, international organizations, and other public sources. The information gathered is also used to produce global surveys of the implementation of resolutions 1373 (2001) and 1624 (2005) in all the world's regions and subregions. Regarded as the most comprehensive analytical documents on counter-terrorism within the UN system, they serve to identify where progress has been made and where gaps remain, as well as to indicate where the international community might most usefully focus its efforts. The surveys also contain global assessments of Member States' efforts across all major thematic areas addressed by the two resolutions. International counter-terrorism instruments Around two-thirds of UN Member States have either ratified or acceded to at least 10 of the 18 international counter-terrorism legal instruments and all have signed or become parties to at least one. These instruments define specific crimes as terrorist acts in areas as diverse as 2 the hijacking of planes, the taking of hostages, the financing of terrorism, the marking of explosives, and the threat of nuclear terrorism. Partner organizations The CTC and CTED are actively engaged in working with various international, regional and subregional organizations to counter terrorism. The Committee has held a number of special meetings and events with these organizations and their experts regularly participate in workshops organized by CTED on a variety of thematic and regional issues. They also take part in the country visits conducted by CTED on behalf of the Committee. 3 Country visits The purpose of the country visits conducted by CTED on behalf of the Committee is to work with the Member State concerned to assess its national counter-terrorism effort, its strengths; weaknesses and technical assistance needs; good practices in the implementation of resolutions 1373 (2001) and 1624 (2005); and terrorism trends and challenges. The visiting teams are led by CTED and include experts from organizations such as the Financial Action Task Force (FATF), the International Criminal Police Organization (INTERPOL), the International Organization for Migration (IOM), the United Nations Office on Drugs and Crime (UNODC) and the World Customs Organization (WCO). International, regional and subregional organizations such as the African Union and the European Union and representatives of specialized bodies and institutions with expertise in specific aspects of counter-terrorism also take part in the visits. In order to ensure a needs-based and flexible response, the Committee conducts eight types of visit, each of which is tailored to the situation at hand. Focused visits, for example, are tailored to the circumstances of the country concerned and the nature of the terrorist threat it faces. During comprehensive visits, the expert teams compile their observations into a report and make recommendations for action, The expert teams also identify Member States' including in relation to technical assistance needs, primarily in the following areas: · Counter-terrorism legislation: offences; penalties; competence of the courts; criminal procedure; special investigation measures; legislation on weapons, explosives and dangerous substances; and legislation on asylum and immigration. Measures to prevent the use of assets for criminal purposes: anti-moneylaundering legislation, legislation against the financing of terrorism, supervision of the non-financial sector, structures for oversight of the financial system, and mechanisms for freezing terrorist assets. Effectiveness of law enforcement services: counter-terrorism machinery, coordination of services, early-warning systems, and methods for combating and preventing criminal activities linked to terrorism. International cooperation: machinery for international cooperation in criminal matters, status of ratification of the international counter-terrorism instruments, modalities for and effectiveness of judicial cooperation and police cooperation, and modalities for cooperation with regional and international organizations. Border control: control of the cross-border movement of persons and goods, control and security of cargo, mechanisms for the issuance and control of identity and travel documents, methods for the prevention and detection of document forgery and fraud, and aviation and maritime security. · · · · Comprehensive and integrated counter-terrorism strategies Security Council resolution 1963 (2010) encourages CTED to assist Member States to develop comprehensive and integrated counter-terrorism strategies. 4 Having visited almost half of the 193 Member States of the United Nations since its establishment in 2001, the Committee has effectively become the central repository of the Organization's terrorist threat assessments. The national and regional threat assessments prepared by CTED on behalf of the Committee are intended to help States to define and develop their strategies. CTED also builds upon those assessments in its work with other United Nations entities and external partners. This not only ensures full use of available resources, but helps to prevent reporting fatigue, duplication and overlap. Most importantly, it enables the United Nations to deliver as one. For those States and regional organizations wishing to develop national or regional strategies, the Counter-Terrorism Implementation Task Force (CTITF) and CTED have worked with Member States to develop a set of international principles. CTED also shares advice on effective implementation mechanisms and encourages Member States to adopt a holistic approach that goes beyond law enforcement infrastructures to include the socio-economic, political, educational, developmental, human rights and rule-of-law dimensions. Technical assistance and best practices The Committee and CTED are committed to helping States strengthen their capacities to combat terrorism by facilitating technical assistance. The Committee identifies States' needs on the basis of information submitted by States and information gathered at regional and thematic workshops organized by CTED or during on-site visits. The Committee then consults with relevant national authorities and potential donors. The areas in which donor organizations and States can provide assistance are compiled in a database. The Committee also compiles and promotes best practices developed by various international and regional organizations for the implementation of resolutions 1373 (2001) and 1624 (2005). 5 Facilitating the provision of technical assistance One of the main tasks of the CTC and its Executive Directorate is to facilitate the provision of technical assistance to Member States in order to enhance their capacity to implement Security Council resolutions 1373 (2001) and 1624 (2005). In doing so, they must adapt their approach to the constantly evolving nature of the global terrorist threat. Priority is given to States visited by the Committee. Follow-up visits enable CTED to review and adjust priority needs, and focused visits to high-capacity States help CTED to identify new donors, as well as areas in which they can be most effective in providing assistance. Over the past decade, the approaches taken in facilitating technical assistance delivery have evolved considerably in response to Member States' changing needs. Regional and thematic approaches. Consisting of a series of linked events that examine regional or thematic issues in depth and involve interaction with numerous international and regional organizations. Increased focus on implementation and prevention issues. CTED promotes measures to tackle the planning, preparation and financing of terrorism; terrorist recruitment and radicalization leading to violence; and countering incitement of terrorist acts motivated by extremism and intolerance. New counter-terrorism entities. CTED develops cooperative and coordinated approaches with organizations and entities delivering counter-terrorism-related technical assistance. Their number, roles and operational scope have expanded significantly. Integration of human rights. CTED works consistently to ensure that relevant human rights and rule-of-law aspects are integrated into assistance delivery. Spin-off activities. Many activities carried out alone or with donor States and partner organizations have generated further regional or bilateral initiatives, many of which are multifaceted and implemented over a period of several years in various regions of the world. CTED Trust Fund. Its creation in 2011 has enabled CTED to pursue a more structured approach. 6 Counter-terrorism and human rights The relationship between counter-terrorism and human rights has attracted considerable interest since the establishment of the CTC in 2001. In its resolution 1456 (2003) and subsequent resolutions, the Council affirms that States must ensure that any measures taken to combat terrorism comply with all their obligations under international law and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law. In this regard, resolution 1373 (2001) calls upon States to "take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum seeker has not planned, facilitated or participated in the commission of terrorist acts." The resolution's preamble also reaffirms the need to combat by all means and "in accordance with the Charter of the United Nations" threats to international peace and security caused by terrorist acts. The Committee began moving toward a proactive policy on human rights after the Security Council established CTED in 2004. Pursuant to resolution 1624 (2005), in particular, the Executive Directorate is tasked with taking account of relevant human rights obligations in the course of its activities, as well as liaising with the Office of the United Nations High Commissioner for Human Rights (OHCHR) and other human rights organizations. Moreover, the Committee's 2006 policy guidance on human rights requires the Executive Directorate to stress to Member States the need to adopt counter-terrorism measures that are consistent with their obligations under international law. Effective counter-terrorism measures and respect for human rights are complementary and mutually reinforcing, and are an essential part of a successful counter-terrorism effort. Over the years, the Committee has increased its focus on human rights. The Committee and CTED now routinely integrate relevant human rights concerns in all their activities, including in the preparation of country assessments, country visits, the facilitation of technical assistance, and other interactions with Member States. When appropriate, and in consultation with the CTC and relevant Member States, CTED also engages with civil society and other non-Governmental actors. Resolution 1624 (2005) Security Council resolution 1624 (2005) calls on Member States to prohibit by law incitement, prevent such conduct and deny safe haven to anyone "with respect to whom there is credible and relevant information giving serious reasons for considering that they have been guilty of such conduct." The resolution stresses that States must ensure that any measures they take to implement the resolution comply with all of their obligations under international law, in particular international human rights law, refugee law, and humanitarian law. The resolution's preamble highlights the relevance of the right to freedom of expression and the right to seek asylum in 7 the context of counter-incitement measures. It also states that incitement poses a serious and growing danger to the enjoyment of human rights. In addition to calling on States to continue international efforts to enhance dialogue and broaden understanding among civilizations, the Council directs the CTC to include in its own dialogue with Member States their efforts to implement the resolution. A summary of their responses is periodically submitted to the Committee. CTED also discusses resolution 1624 (2005) with Member States during country visits and has prepared a global survey of Member States' implementation efforts. CTED facilitated regional workshops on the implementation of the resolution, in which participants discuss the need to prohibit and prevent incitement within a criminal law framework and the importance of countering incitement through dialogue that involves different sectors of society. The participants include representatives of local communities, the private sector, civil society and the media. The workshops also address the need to combat incitement and violent extremism through comprehensive strategies that encompass legal, law enforcement and social policy aspects. 8