INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE)

FIRST REGULAR SESSION
October 28 - 29, 1999
Miami, Florida
OEA/Ser.L/X/2/1    CICTE/doc.5/99 rev. 1
28 October 1999
Original: Spanish

DRAFT WORK PROGRAM

INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE)

(Considered at the second plenary session)

This work program has been developed taking into account the Declaration of Lima to Prevent, Combat, and Eliminate Terrorism and the Plan of Action on Hemispheric Cooperation to Prevent, Combat, and Eliminate Terrorism, adopted at the First Inter-American Specialized Conference on Terrorism (Lima, Perú, April 1996), as well as on the Commitment of Mar del Plata, adopted at the Second Inter-American Specialized Conference on Terrorism (Mar del Plata, Argentina, November 1998). These documents are included as appendices.

Introduction

1. Article 28 of the Statute of the Inter-American Committee against Terrorism (CICTE), adopted by the General Assembly through resolution AG/RES. 1650 (XXIX-O/99), stipulates that during its first session, "CICTE shall consider its work schedule, which shall be guided by the following work proposals:

a. To create an inter-American network for gathering and transmitting data via the competent national authorities, designed to exchange information and experiences with the activities of persons, groups, organizations, and movements linked to terrorist acts as well as with the methods, sources of finance and entities directly or indirectly protecting or supporting them, and their possible links to other crimes, including the creation of an inter-American database on terrorism issues that will be at the disposal of member states;

b. To compile the legal and regulatory norms on preventing, combating, and eliminating terrorism in force in member states;

c. To compile the bilateral, subregional, regional, or multilateral treaties and agreements signed by member states to prevent, combat, and eliminate terrorism;

d. To study the appropriate mechanisms to ensure more effective application of international legal norms on the subject, especially the norms and provisions contemplated in the conventions against terrorism in force between states parties to those conventions;

e. To formulate proposals designed to provide assistance to states requesting it in drafting national antiterrorist laws;

f. To devise mechanisms for cooperation in detecting forged identity documents;

g. To devise mechanisms for cooperation among competent migration authorities; and

h. To design technical cooperation programs and activities for training staff assigned to tasks related to preventing, combating, and eliminating terrorism in each of the member states that request such assistance."

2. Furthermore, the Second Inter-American Specialized Conference on Terrorism, held in Mar del Plata (Argentina) on November 23 and 24, 1998, adopted the Commitment of Mar del Plata/1 and decided in paragraph (x) "to transmit to CICTE, for implementation, proposals on the ways and means such as the "Directory of Competences for the Prevention, Combating, and Elimination of Terrorism," and the "Inter-American Database on Terrorism," proposed at the Meeting of Government Experts held at OAS headquarters in May 1997, as well as the establishment of a framework for technical cooperation that takes into account the guidelines contained in Appendices I, II, and III to this Commitment."

3. In this regard, the aforementioned Meeting of Government Experts identified, among others, the following ways to improve the exchange of information among OAS member states to prevent, combat, and eliminate terrorism:/2

  1. A database "to provide information to…government agencies" that distinguishes between information that is for general access and that which is confidential;
  2. A directory of the agencies in each country responsible for preventing and combating terrorism;
  3. A so-called "Directory of Competences" managed by the General Secretariat, for which "participating countries would…provide a description of counter-terrorism agencies and areas of competence in which they have developed expertise." Subjects might include contingency planning, explosive disposal and investigation, protective security measures of persons and property, and detection of forged documents.

4. It is important to highlight that although the Second Inter-American Specialized Conference on Terrorism decided to transmit to CICTE, in the aforementioned paragraph, the proposals on the Directory of Competences and the database, the member states have not yet circulated any concrete official proposals.

5. Although this is not an exhaustive description of its mandate, the foregoing elements are a large share of the tasks the General Assembly resolved to entrust to CICTE, the implementation of which is essential if CICTE is to be in a position to fulfill the mission for which it was created. From a methodological point of view, these tasks should be divided up according to those the General Secretariat could carry out, subject to the recommendation of CICTE regarding the "instance" to provide technical and administrative support described in Article 7 of the Statute, and those that, by their nature, involve the preparation of technical feasibility studies, which in turn require further consultations and an exchange of information among competent authorities in the member states.

6. It is clear that implementing a work program such as the one described herein will have financial implications. The member states were aware of this fact when they negotiated the Statute adopted by the General Assembly. The delegations are therefore to take account of the provisions of Article 12 of the CICTE Statute so that, with the support of the General Secretariat, they may make the arrangements required for establishing such specific and trust funds as are deemed necessary.

7. The draft work program of CICTE could be organized as follows:

I. General Secretariat

1. Support documents for the work of CICTE

  1. Preparation of a directory of competent authorities in the member states.
  2. Status of applicable international laws: an updated compilation of bilateral, subregional, regional, or multilateral treaties and agreements entered into by the member states to prevent, combat, and eliminate terrorism.
  3. An updated compilation of legal and regulatory norms on preventing, combating, and eliminating terrorism in force in the member states,.
  4. Evaluation of the mechanisms for implementing the international legal norms set forth in conventional instruments in force in the member states: the preparation of an analytical study on all aspects of the relevant legal cooperation, with a view to strengthening that cooperation.

2. Preparation and implementation of technical assistance programs for member states that request such assistance

  1. Drafting of domestic laws: forging contacts with other international agencies that have experience in this area and the preparation of a report by the Secretary General.
  2. Staff training: the identification of programs run by other international agencies that have experience in this area and the preparation of a report by the Secretary General. Design of programs to be implemented by the member states or by international organizations with experience in, inter alia, the security of ports and diplomatic premises.

3. Design and implementation of cooperation mechanisms

  1. Compilation of the bilateral or multilateral agreements in force in the member states on the detection of forged documents.
  2. Compilation of mechanisms existing in the member states on cooperation among migration authorities.
  3. Organization of workshops and training courses, in member states that so request, on priority topics, to include, inter alia, cooperation among migration authorities, preparation of a hemispheric diagnosis on terrorism, and strengthening of inter-American cooperation, taking into account the guidelines suggested in Appendices II and III of the Commitment of Mar del Plata.
  4. Design and development of the inter-American network for compiling and transmitting data, including the creation of an inter-American database on terrorism, taking into account any recommendations formulated by CICTE in this regard.
  5. Implementation of the guidelines for inter-American cooperation regarding terrorist acts and activities (Appendix II of the Commitment of Mar del Plata), and of measures to eliminate terrorist fundraising (Appendix III of the Commitment of Mar del Plata), pursuant to Article 15 (d) of the CICTE Statute.
  6. Proposal of coordination mechanisms with other international organizations with competence in the area (Appendix I of the Commitment of Mar del Plata), pursuant to Article 15 (g) of the Statute.

II. Member states

In addition to taking greater advantage of the various cooperation mechanisms and technical assistance programs developed by the member states, CICTE must determine the best way to implement the following recommendations of the Second Inter-American Specialized Conference on Terrorism:

1. Inter-American network for transmitting data among competent authorities as a first step towards creating a permanent database

The member states must first determine the nature, scope, content, and operating aspects of a network that, due to the nature of the information it will handle, must have technical support from the competent authorities.

Upon examining this issue, it will be important to address the selection and training of the personnel that would participate in the operation of the network.

It would be advisable for the Chair of CICTE to hold the necessary consultations in order to have a specific proposal in the medium term to submit it later on to CICTE for its consideration.

With such a proposal, the member states will be able to address this topic at the second regular session of CICTE and agree on how to follow up on this, including the issue of the advisability of entrusting an international institution that has experience in this area with conducting a technical feasibility study.

2. Directory of expertise developed by the member states (Directory of Competences)

Although the Meeting of Government Experts recommended that a directory of this type should be "managed by the General Secretariat," the discussion in the Working Group to Prepare for the Second Inter-American Specialized Conference on Terrorism shows that there is not yet a consensus on the exact content of the directory. Therefore, for the moment, the type of work the General Secretariat should carry out to administer the directory cannot be determined.

Given this, it would be opportune for the delegations to conduct the appropriate consultations in order to more accurately define the content of the directory. Within this context, it will be necessary to specify the type of information that can be included taking into account the publicity it could receive. This in turn will affect the directory's data control systems.

CICTE could request the member states to present their opinions and suggestions thereon at the second regular session, with a view to taking a final decision at that time, should this not be possible at the first regular session.

Ratification of international treaties

Member States should be encouraged to support the passage, adoption, and implementation of the international conventions on terrorism referred to in United Nations resolution 51/210, namely the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970; the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded in Montreal on September 23, 1971; the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted in New York on December 14, 1973; the International Convention against the Taking of Hostages, adopted in New York on December 17, 1979; the Convention on the Physical Protection of Nuclear Material, signed in Vienna on March 3, 1980; the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on February 24, 1988; the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done in Rome on March 10, 1988; the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done in Rome on March 10, 1988; the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done in Montreal on March 1, 1991, the International Convention for the Suppression of Terrorist Bombings, available for signature at United Nations headquarters as of January 12, 1998. Likewise, Member States should be encouraged to support the adoption and implementation of the International Convention for the Suppression of Terrorist Financing.

4. Cooperation with specialized agencies

Member States should be encouraged to coordinate and cooperate with the OAS Inter-American Drug Abuse Control Commission (CICAD) to ensure the Model Regulations Concerning Laundering Offenses Connected to Illicit Drug Trafficking and Other Serious Offenses are best utilized to address the problem of terrorist financing.


/1  See "Final Report of the Second Inter-American Specialized Conference on Terrorism," CEITE-II/doc.10/98 rev. 1.

/2  See "Report of the Meeting of Government Experts to Examine Ways to Improve the Exchange of Information and Other Measures for Cooperation Among the Member States to Prevent, Combat, and Eliminate Terrorism," which appears as Annex II to the "Report of the Committee on Juridical and Political Affairs on Hemispheric Cooperation to Prevent, Combat, and Eliminate Terrorism," CP/doc.2914/97.

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