Report of the Commonwealth Committee on Terrorism (CCT): Commonwealth Plan of Action

1. The Terms of Reference of the Commonwealth Committee on Terrorism (CCT) make reference to the need for a Plan of Action based on the Commonwealth's Statement on Terrorism (25 October 2001).

2. The Commonwealth Statement on Terrorism committed members to implementing United Nations Security Council Resolution 1373, in keeping with the fundamental values of the association including democracy, human rights, the rule of law, freedom of belief, freedom of political opinion, justice and equality. Within this context, Heads of Government agreed that any member state that aided, supported, instigated, financed or harboured terrorists, or permitted such activities within its jurisdiction, violated the fundamental values of the Commonwealth and should have no place in it. The Committee recommends that Heads of Government, when they meet in Australia in March 2002, reaffirm this principle.

3. In agreeing a Plan of Action, the Committee have considered the work programme of the Commonwealth Secretariat and recommend the following measures, within existing resources, to advance the compliance by Commonwealth members with the United Nations Security Council Resolution 1373. In so doing, they have considered the areas where the Commonwealth has comparative advantage over other international and regional bodies, mindful that its proposals strengthen, not duplicate, the existing efforts of the international community, particularly the United Nations, to counter the threat posed by terrorism. Among the measures the Committee recommends to Heads of Government are the following:

Legal Measures

4. Measures to support members with the implementation of Security Council Resolution 1373 including legal assistance and capacity building. In these areas, the Commonwealth Secretariat could prepare model legislation and guidelines for member countries to use as a basis for the development of domestic implementing legislation and associated measures.


5. To enhance the Commonwealth Secretariat's work with model legislation, Heads to Government are requested to encourage all member countries to provide copies of legislation adopted, and information as to measures implemented, to the Commonwealth Secretariat for distribution to those member countries requesting assistance.

6. Heads of Government could urge member countries to ratify and fully implement all of the existing anti-terrorism conventions on an urgent basis. To support this initiative, they could request the Commonwealth Secretariat to assist member countries by developing and distributing "implementation kits" for these conventions.

7. Heads of Government could additionally highlight the urgent need for enhanced international co-operation in criminal matters, in particular assistance with evidence gathering as a critical tool for the fight against terrorism. The Committee, in making its recommendations, noted that among Commonwealth members there are in place two schemes of particular importance in this regard - the London Scheme for the Rendition of Fugitive Offenders and the Harare Scheme for Mutual Assistance in Criminal Matters.

8. With reference to the London Scheme, the Committee noted that most member countries have legislation that allows for implementation of this scheme. However, as much of this legislation was enacted some time ago, Heads of Government could urge member countries to review their domestic laws for extradition and rendition to determine if they are sufficient to fully implement the obligations under the London scheme and to allow for effective extradition between member countries. The Committee noted the recent recommendations of Senior Officials of Law Ministries for a substantial revision of the London Scheme to update it, and urges Heads of Government to encourage Law Ministers to give priority consideration to these recommendations at their next meeting. They may also ask that special regard be given to those aspects of the scheme dealing with refusal of extradition on the basis of the political offence exception, to ensure that extradition of a person for alleged terrorist activity could not be refused on that basis.

9. With regard to the Harare Scheme, Heads of Government could recognise that despite ongoing efforts to encourage the adoption of domestic legislation, many member countries have yet to enact mutual assistance legislation to fully implement the Harare Scheme. Given the importance of assistance with evidence gathering in relation to investigations and prosecutions of terrorist crimes, the Committee urges Heads of Government to take steps to implement the scheme under domestic law as soon as possible. Heads of Government could further recommend that Law Ministers follow up on this issue on an urgent basis at their next meeting. The Committee also recommends to Heads of Government that the Commonwealth Secretariat continues its efforts to assist member countries with implementing legislation and to provide training in the field of international co-operation in criminal matters.

Financial Measures

10. In their statement of 25 October 2001, Commonwealth Heads of Government committed themselves to preventing the use and abuse of their financial services sectors by fully co-operating with the international community in the tracing, freezing and confiscation of the assets of terrorists, their agents, sponsors and supporters.

11. The most significant aspect of the abuse of financial services occurs in the field of 'money laundering'. The Financial Action Task Force on Money Laundering (FATF), has produced 40 recommendations to counter money laundering. At a recent special meeting on Terrorist Financing, the FATF adopted 8 special recommendations. Heads of Government could seek to advance Commonwealth members' compliance with FATF's Special Recommendations by instructing the Commonwealth Secretariat to update its existing 'Model of best practice for Combating Money-Laundering in the Financial Sector' and, if necessary, the existing Model Law.

12. The Committee also urges Heads of Government to take measures to strengthen capacity within their domestic financial sectors through the regional anti-money laundering groups, and to seek technical assistance from the Commonwealth Secretariat where necessary.

General Measures

13. To advance practical law enforcement co-operation, the Committee asks Heads of Government to agree to a meeting of Commonwealth Law Enforcement Practitioners to share best practice and procedures to improve co-operation and information exchange.

14. Heads of Government can additionally request the Commonwealth Secretariat to monitor the economic impact of September 11 and to seek to support, within existing resources, the efforts of the international community to ensure that the ongoing development strategies of countries committed to economic reform are not disrupted.

15. The Commonwealth, with its shared experience, traditions and values is uniquely placed to promote and strengthen dialogue and understanding between the different civilisations, cultures and faiths. Given the importance of mutual understanding, tolerance and respect in fostering harmony between peoples of different cultures and faiths, Heads of Government could recommend that the Commonwealth Secretariat continue to pursue programmes aimed at enhancing these values.

16. The Committee additionally requests Heads of Government to continue to pursue policies and strategies that would enhance the well being of all Commonwealth peoples, in their effort to contribute to the promotion of greater understanding and harmony among countries and peoples in the context of a better and more peaceful world.