Institute for Security Studies

International Crime in Africa

Programme (ICAP)

First Regional Workshop for Law Enforcement Officers and Prosecutors

in East Africa On Effectively Countering Terrorism and Bringing Justice

7 – 9 May 2013 - Kampala

Regional and other Frameworks for Facilitating Deeper Cooperation

JEMIMA NJERI KARIRI

Levels of Cooperation

SADC / IGAD/ ECOWAS

National

Sub-Regional

Regional / Continent

International - United Nations

Implementation

Requirements

African Union

UNSCR1373 (general application)

UNSCR 1267

(Al Qaeda and Taliban)

UNSCR 1540

(WMD)

16 international CT Conventions and

Protocols

Universal CT regime

SC Resolution

1373 (2001)

Legally binding: Ch VII of UN

Charter

No time and geographic boundaries:

new role for SC

Move towards proactive

international response

Fast-tracked financing

convention

1373: key aspects

Prevent and suppress terrorist

financing

Prevent and criminalise terrorist

acts

Promote international cooperation

Established CTC

Security Council Resolution 1373

• Adopted under Chapter VII of the UN Charter on 28 Sept 2001

in respond to 9/11 (other Chapter VII CT resolutions are 1267

(1999), and 1540 (April 2004).

• Prohibits all persons from participating in the financing,

planning, supporting or perpetration of terrorist acts

• Called on states to bring all terrorists to justice and to reform

their domestic laws against terrorism

• Criminalises the commission, funding, incitement to or

preparation of terrorist acts

• Requires states to detect and freeze assets of terrorists

• Urges states to deny safe havens

• Obligates states to deny access to weapons and explosives

• Requests states to cooperate at all levels.

UN AND UNIVERSAL COUNTER-TERRORISM

INSTRUMENTS

Activities Criminalized Unlawful acts on board aircraft

Unlawful seizure of aircrafts

Civil Aviation sabotage;

Crimes against internationally protected persons

Taking of hostages

Physical protection of nuclear material

Violence at airports;

Acts against the safety of maritime navigation;

Acts against the safety of fixed platforms located on the continental shelf;

Use of plastic explosives

Terrorist bombings;

Financing of terrorism;

Nuclear terrorism by non-state actors

Offences created by the universal CT

instruments

• Physical protection of nuclear material

• Bombings

• Plastic explosives

• Nuclear terrorism

• Murder, assaults, threats, etc against internationally protected persons

• Hostage taking with specific intent to compel a government

• Applies civil aviation-type offences to vessels and fixed platforms

• Hijacking

• Act of violence on board an aircraft

• Destroy or seriously damage the facilities of an airport

• Communicate information which he knows to be false

Civil aviation offences

Offences relating to

vessels and fixed platforms

Offences relating to dangerous materials

Offences relating to

internationally protected

persons and hostages

Status of Adherence to the 16 international

Counter-terrorism instruments

NO Country No of Treaties ratified

01 Djibouti 12

02 Eritrea 1

03 Ethiopia 7

04 Kenya 14

05 Mauritius 10

06 Seychelles 13

07 Somalia 0

08 Sudan 10

09 Tanzania 11

10 Uganda 11

GA Global Counter-terrorism Strategy

• Adopted as a strategy promoting a coordinated global response

to international terrorism.

• Provide for measures to address conditions conducive to the

spread of terrorism.

• Provides for measures to build states’ capacity.

• Provides for measures to ensure respect for human rights and

the rule of law.

Africa – continental level

There exists a web of: -

• Institutions

• Declarations of sub-regional bodies

• Regional economic communities (RECs)

• Policy frameworks that in some way contribute to the

overall picture of counterterrorism, security and

development on the continent.

AU Frameworks

• OAU Convention on the Prevention and Combating

of Terrorism

• Protocol to the OAU Convention

• AU Plan of Action

• AU Anti-Terrorism Model Law

• AU decisions and declarations against terrorism

AU Convention was established to

• The Convention entered into force in December 2002 and to date, 40

Member States have ratified it.

• to enhance implementation and harmonization and coordinating efforts of

prevention and combating.

• It defines areas of cooperation among states, establishes state jurisdiction

over terrorist acts, and provides a legal framework for extradition as well as

extra-territorial investigations and mutual legal assistance.

• Prevent terrorist bases in Africa

• Develop and strengthen methods for monitoring and detecting terrorist

activities in the seas, air and land.

• Promote exchange of information

• arrest the perpetrators of terrorist acts and try them in accordance with

national legislation, or extradite them

• Cooperation in the areas of studies and exchange of information.

AU Plan of action Adopts practical CT measures that substantially address Africa’s

security challenges, includes measures in areas such as: -

• police and border control

•legislative and judicial measures

• financing of terrorism and exchange of information

• Acts as the framework and roadmap for African states to

implement international CT measures under the AU Convention, as

well as measures mandated by the UNSC Resolution1373 (2001)

•Preparation of model law

•CEWARN

The AU Model Law

• AU Model law is very comprehensive and covers all the key

areas of the prevention and combating of terrorism.

• Provides a ready-made technical assistance to member states

in the area of legislation drafting on matters of counter-terrorism

• It also addresses issues of human rights.

Algiers Convention Protocol (2004)

• Protocol gives impetus to the Establishment

of the Peace and Security Council of the AU

• Objective of the Council, inter alia, is to ‘co-

ordinate and harmonize continental efforts in

the prevention and combating of international

terrorism in all its aspects’.

The ACSRT/ CEART

• African Center for Studies and Research on Terrorism

• It is based in Algiers

• The Centre is a technical structure of the Commission

• Purpose is to strengthen the capacity of the AU in

preventing and combating terrorism in Africa

• Focal Points

• Centre of excellence

REGIONAL FRAMEWORKS • Arab Convention for the Suppression of Terrorism 1998

• The Intergovernmental Authority on Development (IGAD) -

implementation of the UNCT strategy, - 2 conventions (extradition

and MLA- 2009) which provide the mechanism for legal cooperation

against terrorism in the sub-region

• IGAD Implementation Plan

– Provides a common policy against terrorism

• Established its IGAD Security Sector Programme (SSR) previously

Capacity Building Program against Terrorism (ICPAT)

• EAC –Regional Counter terrorism center

• West Africa: Economic Community of West African States

(ECOWAS) CT Strategy 2013

• Southern Africa: Southern Africa Development Community (SADC)

(15 members) MLA- SADC applicable protocols—against

corruption, on combating illicit drugs, on control of firearms, on

extradition, on mutual legal assistance and on legal affairs.

• East and Southern Africa: Common Market for Eastern and

Southern Africa (COMESA)

Regional Bodies

• Interpol – Regional Bureau – EAPCCO, WAPPCO, SARPPCO

• East African Regional intelligence fusion centre to

monitor the threat posed by terrorist groups

throughout.

• APA

• EAPA

• EAJMA

• WITNESS PROTECTION

AGENCIES/ARRANGEMENTS

The Financial Action Task Force (FATF)

Style Style Regional Bodies

• EASMLAAG

• GIABA - Intergovernmental Action Group against Money

Laundering and Terrorist Financing in West Africa

Status of Legislation against terrorism

Country CT Legislation in place Relevant Law

Burundi Money Laundering and Anti-Terrorism Law (2008) Loi n° 1/02 du 4 février 2008 portant lutte contre le blanchiment

de capitaux et le financement du terrorisme

Penal code

Yes

Kenya Anti-Terrorism Act (2012) Yes

Rwanda Anti Terrorism Act (2009) Yes

Tanzania Prevention of Terrorism Act (2002) Yes

Uganda Anti-Terrorism Act (2002) Yes

Conclusion

• Importance of implentation of the frameworks

• Harmonisation of laws

• Capacity building to promote cooperation

• Share experiences on cooperation-utilising

existing platforms

• Coordinated integrated capacity building

• Raise awareness

• Role of CSOs