Background
Terrorism has become a concern to Indonesia and the international community. It is a serious threat, not only to international peace and security, but also has an impact on the social and economical development of many countries in various areas. Besides that, terrorism is regarded as an extraordinary crime and serious violation of Human Rights and the basic freedom of mankind; it can occur against anyone with no regard to age, gender, race, and religion. Indonesia consistently deviles all forms of terrorism in whatever motivation and manifestation.
During the last decade, Indonesia and the international community has undergone several attacks of terrorism. The terrorist network and operation and group are a complex issue and possesses cross-country dynamics which requires the cooperation of all countries to prevent and eradicate its actions. In such a case, diplomacy and multilateral dialogue, including enhancement of multilateral cooperation, is extremely important.
Indonesia is strongly committed to prevent and eradicate terrorism. Indonesia continues to enhance international cooperation in order to prevent and eradicate terrorism, at a multilateral (the UN) and regional level, as well as bilateral level, especially in capacity enhancement, law enforcement, improvement of legislation/legal framework, information and various experience exchange, sending experts and providing expert advice, and other technical cooperation. The Indonesian Government also implements terrorism prevention and eradication steps by soft power approach/strategy, including cooperation efforts to overcome underlying causes of terrorism. The Ministry of Foreign Affairs has implemented various initiatives to push interfaith dialogue which aims to build an understanding and harmonious relation between religious communities and regional beliefs of various countries.
Cooperation and participation of Indonesia in supporting the UN to overcome terrorism
The UN General Assembly has indicated special attention to the issue of terrorism since 1972 by issuing a number of resolutions and by discussing “Measures to eliminate international terrorism” in its agenda for the UN General Assembly Annual Meeting. In 1994, the UN General Assembly has ratified the “Declaration on Measures to Eliminate International Terrorism”. Currently, the UN General Assembly has completed various conventions and legal instruments related to terrorism and has adopted 16 international instruments on combating terrorism. Since 2000, the UN General Assembly has also commenced a draft negotiation on “Comprehensive Convention on International Terrorism”. Indonesai has actively participated in the discussion regarding this Convention draft and has supported the completion of negotiations.
The entire bodies/institutions within the UN system has implemented various efforts to combat terrorism and provide technical assistance to its member countries in relation to the ratification and implementation of a number of legal instruments related to combating terrorism. The Terrorism Prevention Branch UNODC (TPB UNODC) in Vienna provides assistance in legal aspects and ratification as well as implementation of conventions related to eradicating terrorism, UNDP handles issues on development and governance, IAEA focuses on nuclear terrorism, WHO on bio-terrorism issues, and ICAO as well as IMO focus on security issues on commercial flights and ships as well as harbour facilities.
During the World Summit Conference at the UN in 2005, all countries condemned all foms of terrorism and its implementation by anyone, anytime, anywhere, and for whatever purpose. World leaders who attended this Summit Meeting also agreed to reach an agreement on the definition of terrorism and to implement finalization on the discussion of a comprehensive convention on combating terrorism and to welcome the founding of a strategy which increases a comprehensive, overall, consistent response to terrorism at national, regional, and international level.
One year later in 2006, the UN General Assembly ratified the UN Global Counter Terrorism Strategy (UNGCTS) through resolution no. 60/288. UNGCTS marks the initial agreement of all UN member countries to implement the same strategic and operational approach in combating terrorism. UNGCTS also stresses that terrorism cannot and must not be associated with any religion, civilization, citizenship, and ethnic group. UNGCTS includes 4 pillars of strategy which are: 1) steps to overcome conditions condusive to the spreading of terrorism, 2) steps to prevent and eradicate terrorism, 3) steps to develop capacity to prevent and eradicate terrorism and strengthen the UN’s system role, 4) steps to ensure human rights for all and the rule of law as a basis to eradicate terrorism.
UNGCTS mentions that included in conditions condusive to spreading of terrorism are prolonged conflicts, dehumanization of terrorism victims, defects in rule of law, violation of Human Rights, discrimination based on ethnicity, nation and religion, political exclusion, social-economic marginalization, and lack of good governance. In the context of implementing UNGCTS, in order to maintain the coherence and coordination in combating terrorism within the UN system, a Counter-Terrorism Impelementation Task Force ((CTITF) has been established.
In 1999, the UN General Assembly has ratified resolution no. 1267 related to issues on terrorism funding. Triggered by the 11 September 2001 disaster, the UN General Assembly has also ratified resolution no. 1373 (year 2001) on “Threats to international peace and security caused by terrorist acts”. Both resolutions had become increasingly important in the context of combating terrorism and had become an international obligation which must be implemented by UN members. All UN member countries, including Indonesia, were requested to become the third party on the international convention and protocol related to terrorism, in accordance with the message in paragraph 3 (d) resolutions 1373. The sanction regime under resolution 1267 has been strengthened and modified with 8 other resolutions of the Security Council so that all sanctions are implemented to all designated individuals and entity associated with Al-Qaida, Usama bin Laden, and or Taliban wherever they may be. Names of individuals and entities targetted are entered into the Consolidated List. Based on resolution 1267 and its derivatives, countries are requested to implement assets freeze without delay, implement travel ban and arms embargo towards entities/individuals/institutions which are related to the Taliban regime, Usama bin Laden, and Al-Qaida.
In response to the concern of member countries towards the sanction regime under the UN General Assembly resolution no. 1267, the UN General Assembly has implemented improvements through a more transparent, fair, and clear approach. Member countries have responded positively to the founding of the Office of Ombudsperson within the Al-Qaida sanction regime through the UN General Assembly resolution no. 1904 (17 December 2009). With the founding of the Ombuds person, individuals and entities within the Consolidated List can conduct dialogues and consultations on the status of their name and the rights that are theirs within the Al-Qaida sanction regime.
The appointed Ombudsperson is a person with the following characteristics: of high moral standard, impartial, and of high integrity with excellent qualifications and experience in legal areas, Human Rights, eradication of terrorism, and sanctions.
In this relation, Indonesia remains consistent in supporting and providing assistance during discussions in the UN for the improvement of implementation procedures of Al-Qaida sanctions. Under the UN Security Council the Counter Terrorism Committee (CTC), Committee 1267, and Committee 1540 was founded. All three Committees are a subsidiary body of the UN Security Council that handles issues related to terrorists. The CTC, in implementing its function, is assisted by UNCTED and both have an important role in assisting member countries to implement resolution no. 1373.
At multilateral level, Indonesia continues to enhance its cooperation under the UN framework, especially with TPB-UNODC and UN-Counter-Terrorism Committee Executive Directorate (UNCTED) in preventing and eradicating terrorism, among others by conducting workshops, intelligence sharing, capacity building, sending experts and providing advice, including for the preparation of ratification of international conventions and compilation of national legislation related to prevention and eradication of terrorism. Assistance provided by the UN is given in relation to the implementation of regulations concerning the issue of terrorism funding in the UN Security Council resolution no. 1267 and no. 1373. Indonesia continues to utilize cooperation opportunities under the framework of UN Global Counter-Terrorism Strategy (UNGCTS) through cooperation with the UN Counter Terrorism Implementation Task Force (CTITF). The Indonesian Government considers it important to give attention to the implementation of UNGCTS, taking into mind that strategy is already a joint agreement of all member countries of the UN and that the strategy includes the commitment of all countries to combat terrorism effectively, not only through political, operational, and legal steps but also through steps to overcome conditions which may lead to terrorism. In the framework of implementing global strategy, the Indonesian Government has supported various efforts to enhance understanding of UNGCTS, including through the implementation of several activities.
Indonesia has shown its commitment in implementing international legal stipulations on eradication of terrorism and so far has ratified 7 and 16 related international instruments related to terrorism. The steps Indonesia has taken to sign and ratify several of these international conventions is also part of the implementation follow-up of the UN Security Council resolution no. 1373 which requests, among others, that all country members of the UN sign and ratify international conventions on eradication of terrorism. Of 16 international instruments related to prevention of terrorism, Indonesia is party to 7 instruments as follows:
(1) 1963 Convention on Offences and Certain Other Act Committed on Board Aircraft;
(2) 1970 Convention for Suppression of Unlawful Seizure of Aircraft;
(3) 1971 Convention for the Suppression of Unlawful Acts against Safety of Civil Aviation;
(4) 1980 Convention on the Physical Protection of Nuclear Material;
(5) 1999 International Convention for the Suppression of Terrorism Financing;
(6) 1997 Inernational Convention for the Suppression of Terrorist Bombings;
(7) Amendment to the Convention on the Physical Protection of Nuclear Material (CPPNM).
Indonesia has signed the 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Aviation (1988).
Concerning the obligation to submit a report on terrorism eradication steps in accordance with the regulations of the UN Security Council Resolution no. 1373, Indonesia has submitted the following reports to the Counter Terrorism Committee (CTC): Report I (21 December 2001), report II (21 June 2002), report III (30 January 2003), report IV (12 January 2004), and Report V (5 May 2005). Apart from Resolution no. 1373, Indonesia has made efforts to meet the regulations of Resolution 1267 regarding the Consolidated List which covers asset freeze, prohibition on the arrival and embargo of weapons towards individuals, entities, and organizations which have diplomatic relations with the Taliban, Usama bin Laden, or the Al-Qaida terrorist network.