Preventing the provision of
“safe haven” to terrorists
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Introduction
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Definition of “safe havens”
Factors that may contribute to creation of safe
havens:
Limited resources and size of State.
Geographical features: many islands, rough
terrain, isolated areas, dense forest, etc.
Absence or weakness of functioning central
Government
Conflicts
Porous/open borders
Lax immigration controls
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The requirements of Security Council
resolutions 1373 (2001) and 1624 (2005)
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Paragraph 2 (c) of resolution 1373 (2001): “All States shall deny
safe haven to those who finance, plan, facilitate or commit terrorist
acts or provide safe haven”.
Paragraph 2 (d) of resolution 1373 (2001): “All States shall prevent
those who finance, plan, facilitate or commit terrorist act from using
their respective territories for those purposes against other States or
their citizens”.
Paragraph 1 (c) of resolution 1624 (2005): “All States shall deny
safe haven to any person with respect to whom there is credible and
relevant information giving serious reasons for considering that they
have been guilty of such conduct” (Incitement.)
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Need for a comprehensive approach
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III.
IV.
To create a legal environment that
prevents the provision of safe haven
To prevent the mobility of terrorists
across borders
To detect the presence of terrorists
within States’ territories
To ensure that asylum systems are not
abused by terrorists.
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The legal environment that denies safe haven:
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Criminalizes the provision of safe haven:
harboring, concealing, facilitating entry
and stay in the territory
Establishes sufficient jurisdiction to bring
terrorists to justice
Respects the obligation to extradite or
prosecute
Prohibits the “political offence” motive as
grounds for refusing extradition.
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Law enforcement and border control requirements
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Empower and fund competent authorities
Establish an effective border-management
system and a border-control database
Establish secure identity and travel document
issuance processes
Provide technology
Combat illegal immigration
Increase cooperation between law enforcement
and immigration agencies
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Detecting the presence of terrorists
 Appropriate
controls
 Requirements for access to key services
 Screening for terrorists when considering
applications for legal status
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Asylum: the requirements of resolution
1373 (2001)
Paragraph 3 (f): “Take appropriate measures in
conformity with the relevant provisions of
national and international law, including the
international standards of human rights, before
granting refugee status, for the purpose of
ensuring that the asylum-seeker has not
planned, facilitate or participated in the
commission of terrorist acts
 Paragraph 3 (g): “Ensure, in conformity with
international law, that refugee status is not
abused by the perpetrators, organizers or
facilitators of terrorist acts…”
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Asylum
 Measures
to enhance implementation of
resolution 1373 (2001)
 Effective implementation of safeguards
 Shortcomings in implementation of
national and international legislation on
asylum
 Focus on IDP and refugee camps
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Recommendations
The Committee should encourage States to:
- Bring terrorists to justice and make sure
that no terrorist or provider of safe haven
remains unpunished;
- Prevent the entry of terrorists into their
territories, through appropriate screening
and border-control measures;
- States should become parties to the 1951
Refugee Convention and 1967 Protocol.
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