PART C
OBSERVATIONS AND RECOMMENDATIONS
RELATING TO FORUM STATES152
General Remarks
Since 11 September 2001 and Security Council Resolution 1373 of September 28, 2001,153
many Forum States have, in accordance with their obligations under that Resolution, revised
their legislation relating to terrorism and have either amended current legislation or drafted
new legislation to address the emerging issues relating to terrorism. In very broad terms
Resolution 1373 requires States to attack the funding of terrorism and to deny support to, and
prevent, terrorist acts. States were also called upon to exchange information, co-operate and
enter into the relevant international instruments relating to terrorism.
The Advisory Council notes that many of the counter-terrorism measures introduced in
Forum States have been reactive without proper consideration as to the adequacy of existing
laws. In our view, any new laws should be enacted only if needed to combat terrorism and
only used if strictly necessary for that purpose. As the Acting High Commissioner for Human
Rights, Mr Betrand Ramcharan said in his statement to the 8th Annual Meeting of the Asia
Pacific Forum of National Human Rights Institutions:
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For further information see pp55-145 of the Background Paper. The information contained in this section is
taken primarily from the answers to a questionnaire provided to NHRIs and NGOs in each relevant jurisdiction.
Every attempt has been made to ensure accuracy and we apologise unreservedly for any remaining mistakes.
The Advisory Council of Jurists also acknowledges the usefulness of the following country-specific
submissions:
Asia Pacific Human Rights Network Nepal: The Terrorist and Disruptive Activities (Control and
Punishment) Act 2002,
Asia Pacific Human Rights Network India: Prevention of Terrorism Act, 2002,
Asia Pacific Human Rights Network Australia: Australian Security Intelligence Organisation
Amendment (Terrorism) Act 2003.
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S/RES/1373(2001). Acting under Chapter VII of the UN Charter which authorises the Security Council to
determine the existence of any threat to the peace, breach of the peace or act of aggression and recommend or
decide what measures to take to maintain or restore international peace and security, the Security Council
required member States to adopt a package of counter-terrorism measures. As noted above, Article 25 of the UN
Charter requires member States to carry out Security Council decisions. Resolution 1373 has been described as a
‘minitreaty’ (see Ilias Bantekas ‘The International Law of Terrorist Financing’ (2003) 97 American Jnl Int Law
315, 326). While States are given considerable latitude as to how they implement the requirements, a monitoring
committee, the Counter Terrorism Committee, was set up under cl 6 to monitor implementation and states were
called upon to report to the Committee within 90 days on the steps they had taken to implement the resolution.
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