COOPERATION AND SHARED RESPONSIBILITY IN THE GLOBAL FIGHT AGAINSTORGANIZED CRIME, IN PARTICULAR DRUG TRAFFICKING, ILLEGAL ARMS SALES,HUMAN TRAFFICKING AND CROSS-BORDER TERRORISMReport submitted by the co-RapporteursMs. Maria Teresa Ortuño (Mexico) and Mr. Apiwan Wiriyachai (Thailand)1.Globalization has generated a series of changes worldwide. New military andtransnational threats to international peace and security, namely drug trafficking, themanufacture and trafficking of weapons, trafficking of persons and cross-border terrorism, haveemerged.2.The phenomenon of globalization encompasses the growing "internationalization" offinancial, industrial and commercial capital, but it also makes threats transnational andheightens people’s sense of insecurity. Current trends such as the growing interdependencebetween States and the opening of borders, which exist alongside socio-economic, cultural,legal and political inequalities, facilitate the activities of transnational criminal groups. Criminalsare freer to move, making it easier for them to cross borders and broadening the range andscope of their operations. Consequently, most countries have suffered a surge in criminalactivities that poses a serious threat to political and economic stability.3.The international economic crisis, spawned by the financial crisis, has led tounemployment, a drop in remittances, a fall in both the volume and price of exports, lessforeign direct investment and a downward trend in tourism. As a result, more people areworking in the informal sector while others have joined organized crime networks.4.Organized crime groups carry out their illicit activities using the most advancedtechnological tools such as information networks, the financial system and more sophisticatedweapons. They also take advantage of differences in legislation, legal systems and traditions,which often seriously hamper State efforts to respond adequately to the threat of organizedcrime.5.The past few years have been characterized by a significant increase in global criminalactivities such as money laundering, trafficking in nuclear technology and material, the trade inhuman organs and migrant smuggling. At the same time, emerging crimes such as modernpiracy, and trafficking in toxic waste, counterfeit medicines, precious metals or naturalresources have been added to the list of traditional illegal activities such as prostitution, drugtrafficking and arms trafficking.

6.As the problem of transnational crime becomes more complex and involves morestakeholders, actors and agencies, it is necessary to intensify existing multilateral and nationalmeasures in order to address this problem more effectively. In response to these global threats,the United Nations General Assembly adopted the Convention against TransnationalOrganized Crime and two supplementary Protocols: The Protocol to Prevent, Suppress andPunish Trafficking in Persons, Especially Women and Children, and the Protocol against theSmuggling of Migrants by Land, Air and Sea in 2000. A third Protocol, against the IllicitManufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition,was adopted in 2001. The Organized Crime Convention is the only legally bindinginternational instrument inviting States to harmonize laws and procedures across borders andbetween regions and thus prevent and combat all forms of transnational organized crime. With148 States Parties, it is the broadest legal instrument in this field.Drug trafficking7.Drug trafficking is one of the principal illicit activities worldwide and constitutes a seriousthreat to the entire international community. The United Nations Office on Drugs and Crime(UNODC) states that illegal drugs are used by more than 200 million people throughout theworld. Moreover, theReport on Global Illicit Drug Markets 1998-2007,commissioned by theEuropean Union, states that the number of cocaine and heroine users worldwide hasincreased, in particular, in Eastern Europe and Central Asia. No single government cansuccessfully combat this menace alone. Cooperation, coordination and commitment by allcountries are essential to curb this crime.8.According to the UNODCWorld Drug Report 2008,the number of drug users should bemore effectively controlled, especially in developing countries. More attention should be paidto preventing, treating and reducing the consequences of drug use. The work carried out underthe EU Drugs Action Plan (2005-2008), whose objective is to reduce drug consumption andthe harm it does to health and society, is noteworthy in this respect. The United NationsGeneral Assembly Special Session on the World Drug Problem, in 1998, adopted a politicaldeclaration and an action plan, which was revised and updated in the follow-up session(UNGASS 2) in 2008.9.The International Narcotics Control Board (INCB) reported that corrupt public officialsallow drug traffickers to continue acting with impunity, while the officials and journalists thattry to tackle the problem are frequently victims of harassment and violence, or are even killed.INCB, therefore, has repeatedly stated that in order to fight drug-related corruptionsuccessfully, governments have to show political determination and take strong action; theresults obtained have to be clear and measurable.10. TheReport of the INCB for 2008indicates the routes drug traffickers use around theworld. The Central American and Caribbean region constitutes one of the main routes forcocaine from South America to North America and Europe. Another route runs throughCentral Asia, bringing heroin to eastern and western European countries. Western Africa is anotorious centre for cocaine smuggling from South America to Europe.11. The European Union (EU) has recently not only become one of the main exporters ofillegal synthetic drugs, but is also importing the materials needed to produce them.

12. The practicable and achievable vision of being a drug-free society is to successfully andeffectively control illicit drug activities and mitigate its negative consequences on society,including significant and sustainable reductions in illicit crop cultivation (opium, coca,cannabis), manufacturing and trafficking of drugs and drug-related crimes, and the prevalenceof illicit drug use.13. Drug trafficking and drug abuse pose a major threat to the health, dignity and hopes ofmillions of people and lead to the loss of human life. In order to tackle the global drug problemand actively promote a society free from drugs, countries should ensure that all people can livehealthily, in dignity, and in peace and security.14. The global drug problem remains a common and shared responsibility that requireseffective and increased international cooperation and demands an integrated,multidisciplinary, mutually reinforcing and balanced approach to supply and demandreduction strategies. Law enforcement, preventive measures, alternative development for drugdependent communities, treatment and rehabilitation as well as aftercare services are effectivetools to combat drug trafficking and enhance the well-being of citizens. Drug cartelsundermine the foundations of government and corrupt government structures. Politicalcampaigns have been financed and authorities elected using resources obtained from drugtrafficking.15. The three main international legal instruments on drugs - the 1961 Single Convention onNarcotic Drugs, the 1971 Convention on Psychotropic Substances and the 1988 Conventionagainst Illicit Traffic in Narcotic Drugs and Psychotropic Substances – have been widely ratified.Their objective is to foster cooperation on drug issues, the eradication and destruction of crops,the exchange of information and intelligence, the establishment of joint task forces andworking groups among the security forces of the countries affected, the dismantling of drug-trafficking organizations and the investigation of drug-related crimes, such as money launderingand arms trafficking. They also address the need to reduce the demand for drugs and drugabuse.16. Since it is difficult to control the drug trafficking routes due to the widening informationnetwork, the IPU should work together with national parliaments, governments andnon-governmental organizations (NGOs) on joint activities such as producing stringentlegislative measures.17. The strengthening and harmonizing of laws, regulations and supplementary measures ondrugs and strong regional cooperation to combat drug trafficking should be promoted amongIPU Member Parliaments with the assistance of international organizations.18. Counterfeit medicines pose a significant threat worldwide. Their distribution affectsmainly, but not exclusively, the poor. Counterfeit medicines often contain life-threateningingredients whose consumption can harm or even kill consumers. The inability to receiveessential medicines exacerbates regional social and economic instability. In many regions,trafficking in counterfeit medicines has become one of the fastest growing criminal businesses.At the same time, prosecution of traffickers is hampered by the absence of an adequatelegislative and law enforcement framework. Improved technological capabilities have enabledcounterfeiters to produce drugs and packaging that can barely be distinguished from theoriginal product.

19. In addition, drug trafficking is linked to health problems since in many parts of the worldthe use of intravenous drugs helps spread diseases such as HIV/AIDS and hepatitis. The adverseconsequences of drug abuse for individuals and society requires adequate attention incountries and concerned international organizations through comprehensive drug demand-reduction strategies, particularly for youth and high-risk groups. The alarming rise in theincidence of HIV/AIDS and other blood-borne diseases among injecting drug users is a causefor concern, and one which requires countries to provide comprehensive drug abuseprevention programmes and treatment, care and related support services to their citizens, infull compliance with international drug control conventions and national legislation.20. Some of the consequences of drug use are loss of income, significant increases in healthcosts, and the breaking up of families and communities. Every year, national governmentsallocate resources for police forces, border patrols, judicial systems and treatment andrehabilitation programmes.21. The significant contribution of women and families to the global drug problem should berecognized since many studies confirm that women could make a significant contribution topreventing family members from consuming illicit drugs and to the process of treatment andrehabilitation. Member Parliaments should ensure that drug control policies, measures andinterventions include women and ensure that women have access to drug control programmeswithout discrimination.22. Member Parliaments should encourage the participation of civil society and NGOsorganizations in addressing the global drug problem and foster, where applicable, theinvolvement of civil society entities in the formulation and implementation of drug demandand supply-reduction policy.23. Drug demand-reduction programmes should be promoted through scientific evidenceand a wide range of measures, including primary prevention, early intervention, treatment,care, rehabilitation, social reintegration and related support services, particularly for high-riskdrug users. IPU Member Parliaments should ensure accessibility on a non-discriminatory basis,including for those in detention facilities and marginalized groups.24. There are serious challenges posed by increasing links between drug trafficking,corruption and other forms of organized crime, including trafficking in persons, trafficking infirearms, cybercrime and, in some cases, terrorism and money-laundering, including money-laundering in connection with the financing of terrorism, as well as the significant challengesfaced by law enforcement and judicial authorities in responding to the ever changing meansused by transnational criminal organizations to avoid detection and prosecution.25. Member Parliaments should continue their efforts to improve understanding of theproblem, particularly on new trends, patterns and emerging types of psychotropic substancesthrough the examination of scientific evidence, research-based information, sharing ofexperiences and forensic data.26. The IPU should commit itself to work on anti-drug activities with youth by raising publicawareness and providing youth with information, skills and opportunities to choose healthylifestyles.

27. The IPU should take into consideration the misuse of medicine and pharmaceuticalproducts through legal channels. This is crucial to prevent the diversion of pharmaceuticalpreparations, the manufacture and marketing of mixtures of amphetamine-type stimulants andother synthetic drugs, the use of non-controlled chemicals and/or substitute chemicals as newprecursors for the illicit synthesis of drugs.28. The IPU should promote and encourage international cooperation including judicialcooperation through existing international conventions and mutual legal assistance measures,in order to prevent, detect and prosecute drug-related transnational organized crimes,dismantle criminal organizations and confiscate their illicit proceeds and also recognize theneed to enhance the capability of law enforcement and judicial personnel to utilize the toolsavailable under the international framework.29. The IPU, and in particular countries sharing common borders, should intensifyintelligence exchange and cross-border cooperation aimed at countering the global drugproblem, specifically those States that are directly affected by illicit crop cultivation and themanufacture, transit, trafficking, distribution and abuse of narcotic drugs and psychotropicsubstances.30. The IPU should explore ways and means to eliminate or mitigate significantly the drugproblem through the following activities:(a)(b)(c)(d)Illicit cultivation of opium poppy, coca bush and the cannabis plant;Illicit demand for narcotic drugs and psychotropic substances, and drug-relatedhealth and social risks;Illicit production, manufacturing, marketing and distribution of, and trafficking in,psychotropic substances, including synthetic drugs;Diversion of and illicit trafficking in precursors and essential chemicals.

31. The IPU should take the lead in assessing the effectiveness of current domestic laws,enforcement practices and legal penalties in reducing domestic drug demand, includingstrengthening regional and subregional efforts to combat drugs. In addition, the IPU shouldpromote efforts by parliaments to share best practices and experiences in combating drugtrafficking and developing national laws. Moreover, since human rights issue figure high incombating drug trafficking, parliaments should monitor actions taken by their respectivegovernments to ascertain whether or not they comply with international human rightsstandards and the rule of law.32. Parliaments should support tax exemption, in compliance with World TradeOrganization (WTO) rules and regulations, for products from drug-related alternativedevelopment projects, and for private sector companies that contribute to drug controlactivities as an incentive to combat the drug menace.Illicit manufacturing of and trafficking in firearms, their parts and components andammunition33. Another threat to international security related to organized crime is the illicitmanufacturing, transfer and traffic of arms, their parts and components, and ammunition, thevarious consequences of which affect peace, stability and sustainable development.

34. The illegal sale of arms, especially small arms and light weapons (SALW), poses a risk tointernational peace, stability and security from the uncontrolled build-up and proliferation ofarmaments. These problems not only fuel armed conflicts, armed criminality and terrorism, butalso exacerbate violence, undermine respect for international humanitarian law, impede theprovision of humanitarian assistance to victims of armed conflict, and hinder the return topeace and sustainable development.35. It is important to highlight that SALW should only be used for legal purposes, such asnational defence and public security. These weapons can cause injuries, harm and public ornational insecurity when they are misused, or when they fall into the hands of criminal andterrorist groups.36. Disarmament and illegal arms sales are vital issues to which the IPU has given prioritysince its inception. The illicit sale of arms is closely related to other organized crime activities,such as drug trafficking and terrorism. In some parts of the world, arms and ammunition arealso exchanged for diamonds and other commodities. In several regions, handcrafted armsmade out of old weapons or from different parts and components is a growing problem, asthey are even more difficult to be identified and traced.37. The framework of international and regional political and legal instruments on firearmscontrol is fairly well developed. In particular, the Programme of Action to Prevent, Combat andEradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN PoA) and theProtocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts andComponents and Ammunition, supplementing the United Nations Organized CrimeConvention, are the main instruments tackling transnational firearms trafficking and relatedcrimes.38. At the regional level, legal frameworks aimed at regulating and combating the illegal saleof arms were adopted. For example, in 1997 the Member States of the Organization ofAmerican States (OAS) signed the Inter-American Convention against the Illicit Manufacturingof and Trafficking in Firearms, Ammunition, Explosives and other Related Materials. At thesubregional level, in 2003 the Andean Community adopted the legally binding AndeanCommunity Decision 552, and two years later the Central American region adopted the Codeof Conduct of the Central American States on the Transfer of Arms, Ammunition, Explosivesand other Related Materials.39. In May 1998, the Southern African Development Community (SADC) and the EuropeanUnion (EU), with the technical support of certain research institutes and NGOs, approved theRegional Drug Control Action Plan, aimed at the reinforcement of regulations and closercoordination between judicial and customs authorities. In 2000, the African Union adoptedthe Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulationand Trafficking of Small Arms and Light Weapons, whose provisions were taken up insubsequent subregional instruments. In 2001 the SADC adopted the SADC Declarationconcerning Firearms, Ammunition and other Related Materials, and the legally binding SADCProtocol on Control of Firearms, Ammunition and Other Related Materials, which entered intoforce in 2004. In East Africa, the Nairobi Declaration for the Prevention, Control andReduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africawas adopted in 2000, followed by the legally binding Nairobi Protocol in 2004 and by the BestPractice Guidelines on the implementation of the Nairobi Protocol for countries of the GreatLakes Region and the Horn of Africa in 2005. In West Africa, the Economic Community ofWest African States (ECOWAS) adopted a legally binding convention in 2006 that has not yetentered into force. Central African countries are currently in the process of developing theirown subregional convention on firearms.

40. In Europe, efforts to control the illegal arms trade have prompted the EU to adopt severalinstruments and decisions, some of which are legally binding. These include Council Directive91/477/EEC on control of the acquisition and possession of weapons (Amended 2008), the EUCode of Conduct on Arms Exports 2008, the 2003 Council Common Decision on the Controlof Arms Brokering, the Council Joint Action 2008/230/CFSP on support for EU activities inorder to promote the control of arms exports and the principles and criteria of the EU Code ofConduct on Arms Exports among third countries, and the recent Directive 2008/51/EC of theEuropean Parliament and of the Council amending Council Directive 91/477/EEC on control ofthe acquisition and possession of weapons.41. Association of South-East Asian Nations (ASEAN) countries and member countries of theASEAN Regional Forum (ARF) address common problems related to the illicit transfer of smallarms in South-East Asia, which are inextricably linked to transnational crimes, including humanand drug trafficking. ASEAN countries regularly cooperate to combat transnational crimes,including trafficking of SALW, through the ASEAN Ministerial and Senior Officials Meetings onTransnational Crimes and ASEANAPOL (ASEAN Chiefs of Police). Moreover, at the 14thASEANSummit held from 27 February to 1 March 2009 in Thailand, ASEAN leaders adopted theASEAN Political-Security Community Blueprint (APSC Blueprint), which provides a roadmap toestablish the APSC by 2015. One of its objectives is to strengthen cooperation within theregion in combating transnational crimes, including illicit trade of SALW by promoting fullimplementation of the UN PoA. To deal with the problem, States are required to respect theright of self-defence enshrined in Article 51 of the UN Charter in recognition of the differentproblems faced by each region.42. IPU resolutions encourage Member Parliaments to sign and/or ratify conventions,treaties, and other international instruments aimed at arms control, disarmament and greaterinternational security. The IPU has also urged Member Parliaments to exercise effective controlover their arms and military equipment as well as their exports and imports of arms so as toprevent their transfer to parties that engage in illicit arms trafficking.43. Parliamentarians agreed that they should play a constructive role in strengthening thecontrol of trafficking of SALW by recommending that their respective parliaments activelyengage in efforts to combat the proliferation and misuse of SALW. The IPU should furtherstrengthen this initiative in order to effectively eradicate illicit arms sales.44. The IPU should encourage Member Parliaments to continue efforts to monitor, assessand evaluate their arms stockpiles, existing capability and national capacity, and their financialand technical capacity to take action against illegal arm sales.Human trafficking45. Trafficking in persons is considered a violation of human rights and a modern form ofslavery, which has become a severe problem affecting not only individual countries, but theinternational community at large. This crime is comparable to drug and arms trafficking due tothe profits it generates, which, according to the United Nations, amounts to approximatelyUS$ 32 billion. Trafficked persons are deceived, sold or subjected to slavery-like conditionsunder different forms and in various sectors such as construction,maquilafactories, agriculture,domestic service, prostitution, pornography, sexual tourism, organ removal, and traffic ofhuman organs. Among them, women and children are the most vulnerable groups.

46. The victims of human trafficking in developing countries, in particular children andadolescents, are mostly from poor families and lack economic opportunities, education andhealth services. They have few job prospects and are exposed to ethnic or racialdiscrimination. UNICEF estimates that every year between 1,000 and 1,500 children in someAfrican countries are trafficked for adoption by couples in North America and Europe.47. According to the UNODCGlobal Report on Trafficking in Persons2009, humantrafficking involves long distances; the victims are taken from Africa to places in Europe andNorth America, from Latin America to North America and Europe, from Central and EasternEurope and Central Asia to Europe and the Middle East, and from Southern Asia to the MiddleEast.48. Currently, the world has become more aware of the severity of this modern form ofslavery because of its considerable damage, multi-faceted and cross-border nature. Therefore,cooperation between governments and other stakeholders is an important factor for thesuccess of operations aimed at combating trafficking in persons.49. At the global level, the UNODC Global Initiative to Fight Human Trafficking (UN.GIFT)was launched in 2007 to promote the global fight on human trafficking on the basis ofinternational agreements reached at the United Nations. UN.GIFT aims to mobilize State andnon-State actors to eradicate human trafficking by reducing both the vulnerability of potentialvictims and the demand for exploitation in all its forms, ensuring adequate protection andsupport to victims and supporting the effective prosecution of the criminals involved, whilerespecting the fundamental human rights of all persons.50. In terms of regional efforts, the Anti-Trafficking in Persons Section under the supervisionof the Organization of America States (OAS) focuses on heightening awareness anddisseminating information about the problem, sharing information with governments and civilsociety, defining policies to combat human trafficking as well as working with officials toimplement concrete measures to fight the problem in the western hemisphere.51. Since the mid-1990s, the EU has actively participated in the development of a global andmultidisciplinary approach that involves countries of origin, transit and destination in thestruggle to prevent and fight human trafficking, provide protection and support to the victimsand effectively persecute traffickers.52. In Asia, the 10 ASEAN Member States of expressed their determination to combattrafficking in persons by signing the ASEAN Declaration Against Trafficking in Persons,Particularly Women and Children, in 2004. Accordingly, in 2007, the ASEAN Senior OfficialsMeeting on Transnational Crime (SOMTC) agreed to establish a regional focal network in theform of a Working Group on Trafficking in Persons, and endorsed the 2007-2009 Work Planto Implement the ASEAN Declaration.53. Furthermore, the ASEAN Inter-Parliamentary Assembly (AIPA) took note that thedifferences in laws and regulations to combat trafficking in persons among Member Sates was amajor challenge to forging closer cooperation. Therefore, in 2008, the AIPA Caucus wasestablished as a forum for the members to work towards developing common legislativeinitiatives, which include the efforts to the harmonization of the laws on trafficking in persons inthe region. In addition, AIPA has set up an Ad-hoc Committee on Human Trafficking tocomprehensively address human trafficking in South-East Asia and provides a parliamentarydimension to the issue. The Ad-hoc Committee will work with the AIPA Caucus towards thisend. This could serve as a model of subregional parliamentary cooperation to combat drugtrafficking.

54. In Africa, the Economic Community of Western African States (ECOWAS) prepared in2001 a regional action plan to combat the trafficking of persons on criminal justice issues. TheMember States pledged to facilitate and accept the return of trafficked victims, establish anational working group in each country that could be used as a link with the ministries andpertinent organizations to make recommendations, strengthen the capacity of the centres toprovide care to trafficked victims, and protect informants in the investigation of traffickingcases.55. It seems that the world has awoken from its state of disregard and indifference althoughtrafficking in persons is still as real as ever. Indeed, the problem has worsened. Also, traditionalchallenges of which we have been aware for decades remain. Such challenges are poverty,unemployment, lack of opportunities and knowledge, unreliable databases, inadequatecampaigns for raising public awareness and insufficient human resource development, wrongattitudes and mistreatment of trafficked victims, inadequacy and ineffectiveness of lawenforcement, victim assistance and safe repatriation and the difference in laws and regulationsin each country.56. On the other hand, emerging issues such as the global financial and economic downturnand the increase in human organ smuggling have a significant impact on the situation. Theyallow the traffickers to have more room to commit trafficking in persons and persons at risk aremore vulnerable to exploitation. Criminals are remarkably adept at exploiting new businessopportunities. Organ trafficking, thus, has become a lucrative business for criminals.57. Additionally, differences in law enforcement, criminal justice systems and the root causesof trafficking in persons in each region are huge barriers to solving this problem.58. These are major challenges that require strong and closer cooperation from internationalorganizations. Many substantive suggestions were indicated in the Handbook forParliamentarians on Combating Trafficking in Persons, jointly produced by the IPU andUNODC, but the priority area of work must be taken into account based on the level ofurgency to solve the problem in an efficient and timely manner.59. On this occasion, IPU Member Parliaments should enhance their role in the fight againsttrafficking in persons by:••Seriously discussing the harmonization of laws on trafficking in persons in each country toensure compatibility and seamless cooperation to combat trafficking in persons;Being more proactive in combating trafficking in persons by drawing up a work-plan tocollaborate with relevant international and regional organizations. A comprehensivework-plan and laws should incorporate prevention, protection and assistance measuresfor victims and strong penalties for traffickers without imposing unilateral requirements onother States;Promoting public awareness and cooperation in combating trafficking in persons to tacklethe root causes of the problem and enhancing awareness of competent authorities toprotect the human rights of trafficked victims.

report to the Conference of the Parties to the Organized Crime Convention, and monitoringand evaluating the implementation of national action plans dealing with combating traffickingin persons.Cross border terrorism

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61. Cross-border terrorism represents a serious threat to international peace, security andstability. Every region is facing threats from terrorism. Cross-border terrorism can be resolvedthrough regional and bilateral cooperation, such as setting up a system and a mechanism toaddress cross-border terrorism, increasing information exchange among countries to monitorterrorist movements, developing human resources and inter-agency coordination, improvingand developing national legislation, conducting regular anti-terrorism training sessions, andpost-event and post-arrest rehabilitation.62. Terrorists attack strategic targets in order to undermine the State’s political, economic andsocial systems. The targets may be either "hard" or "soft" targets, such as embassies, financialcentres, hotels, train stations, schools, universities or airports.63. Terrorists have used scientific and technological breakthroughs such as the Internet topromote their ideology, recruit new members, plan their activities and obtain financial support.64. In response, international organizations such as the United Nations, the OAS and the IPUhave adopted resolutions recommending that States and parliamentarians strengthen regionaland international cooperation to prevent, combat and eliminate terrorism. Similarly, Statesshould prevent persons or entities from using their territories as bases to conduct internationalterrorist acts and sanction those that allow it.65. The UN Charter and international conventions to counter terrorism urge all States to fulfiltheir obligations under international law in prosecuting and extraditing the perpetrators ofterrorist acts, and preventing the financing of terrorist organization and acts.66. Since 1963, the international community has negotiated 16 international conventionsand protocols that, together with UN Security Council resolutions related to terrorism andregional anti-terrorism legal instruments, form the core of the global legal regime against thisthreat.67. Those instruments establish obligations for all Member States not only to criminalize aseries of offences considered to be terrorist acts, including financing terrorist groups and/or acts,but also to strengthen international cooperation on criminal matters related to terrorism andthus ensure that no country can be used as a safe haven by terrorists.

68. A global response to terrorism requires a broad range of initiatives. As recognized in theUnited Nations Global Counter-Terrorism Strategy, adopted on 8 September 2006 by theUnited Nations General Assembly, a key element is to strengthen the capacity of nationalcriminal justice systems to bring perpetrators to justice in full compliance with the universallegal regime against terrorism and according to the rule of law. Under the Strategy, all MemberStates agreed on a coordinated and comprehensive response to terrorism based on four pillars:(a) measures to address the conditions conducive to the spread of terrorism; (b) measures toprevent and combat terrorism; (c) measures to build State capacity to prevent and combatterrorism and to strengthen the role of the United Nations system in that regard; and(d) measures to ensure respect for human rights for all and the rule of law as the fundamentalbasis of the fight against terrorism.69. Parliamentarians have a fundamental role to play in combating terrorism. Legislative workis essential not only to ratify international anti-terrorism instruments, but also to allow theeffective incorporation of the international provisions contained in those instruments intonational legislation.70. The fundamental role of parliaments and legislative assemblies in preventing and fightingterrorism has been recognized in many different forums: the 105thInter-ParliamentaryConference in its resolution entitled "Contribution of the world’s parliaments to the struggleagainst terrorism, in conformity with resolution 55/158 of the United Nations GeneralAssembly", the 106thInter-Parliamentary Conference in its resolution entitled "Condemnation ofthe terrorist attacks of 11 September 2001 on the United States of America", the 107thInter-Parliamentary Conference in its resolution entitled "Terrorism - a threat to democracy, humanrights and civil society: the contribution of parliaments to combating international terrorism andaddressing its causes in order to maintain international peace and security", and in theframework of the 2003 Parliamentary Hearing at the United Nations, which discussed inter aliaprogress and setbacks in the fight against terrorism.71. In addition, the 116thIPU Assembly approved by consensus a resolution entitled"International cooperation to combat terrorism, its root causes and its financing, including cross-border funding". This is a topic of current interest that the IPU continues to include in itsdocuments, as it poses a major threat to human rights.72. The 2002 Inter-American Convention against Terrorism is an example of regionalcommitment. It includes an integral normative and updated framework for preventing andfighting terrorism and its financing, focusing on the need to increase cooperation and exchangeinformation between Member States and to fully respect human rights while counteringterrorism.73. Moreover, the North Atlantic Treaty Organization has laid the groundwork for a globalfront against terrorism that includes elements of dissuasion, defence, dismantling groups andprotection from terrorist attacks from abroad.74. In addition, the European Council recognizes that the legislative framework establishedby the EU to fight terrorism and improve judicial cooperation plays a decisive role in fightingterrorist activities.

75. Similarly, the US State Department’s Country Reports on Terrorism 2008 highlight thatterrorism has been curbed thanks to significant achievements in border security, exchange ofinformation, security of transportation, financial transaction controls and the death or captureof numerous terrorist leaders.76. It is evident that organized crime encompasses various activities, which makes it difficultfor security forces to tackle because large amounts of money are involved, which has thepotential to corrupt important organizations in society.77. It is important for parliamentary proposals and actions for dealing with these problems tobe effectively carried out. In particular, the IPU should:•Ensure that all measures taken to combat terrorism are in line with Members’international obligations, in particular international human rights law, internationalrefugee law and international humanitarian law. In addition, the protection of the rightsof victims of terrorist acts needs to be considered. The IPU must affirm that terrorismcannot and should not be associated with any religion, nationality, civilization or ethnicgroup.Strengthen legal systems in accordance with the International Convention for theSuppression of the Financing of Terrorism in order to combat money laundering andfinancing of terrorist activities, and ensure that all measures taken are in line with theirinternational obligations.

Money laundering78. Money laundering is a growing concern for many countries. Increasing attention is beingpaid to the concept of Anti-Money Laundering initiatives and Combating the Financing ofTerrorism (AML/CFT), particularly in order to impede the international flow of funds tointernational terrorists and their organizations.79. Money laundering fuels corruption and organized crime. Money is the prime reason forengaging in almost any type of criminal activity. Corrupt public officials need to be able tolaunder bribes, kick-backs, public funds and, on occasion, even development loans frominternational financial institutions. Organized criminal groups need to be able to launder theproceeds of drug trafficking, commodity smuggling and other serious crimes. Terrorist groupsuse money-laundering channels to support their terrorist acts.80. The social consequences of allowing these groups to launder money can be disastrous.Money laundering can erode a nation's economy by changing the demand for cash, makinginterest and exchange rates more volatile, and causing high inflation in countries wherecriminals are doing business. Taking the proceeds of crimes from corrupt public officials,traffickers and organized crime groups is one of the best ways to stop or disrupt criminalactivity.81. The estimated amount of money laundered globally in one year is between 2 and 5 percent of global GDP, or between US$ 800 billion and US$ 2 trillion. Although the gap betweenthose figures is huge, even the lower estimate underlines the seriousness of the problemgovernments have pledged to address.

82. Rapid developments in financial information, technology and communication allowmoney to move anywhere in the world with speed and ease. This makes the task of combatingmoney laundering more urgent than ever.83. In recent years, the international community has become more aware of the dangers thatmoney laundering poses in all areas and many governments and jurisdictions have committedthemselves to taking action.84. International legal instruments such as the United Nations Convention againstTransnational Organized Crime and the United Nations Convention against Corruption call onStates to afford one another the widest measure of assistance in investigations, prosecutionsand judicial proceedings related to money laundering through international cooperation.85. Those instruments also require Member States to criminalize the laundering of moneyderived from the widest range of predicate offences, including offences committed both withinand outside the jurisdiction of the State party in question. In many cases, the money launderingoffence and the predicate crime are not committed in the same country, so cooperation amongMember States is key to the successful prosecution of money laundering offenders and theeffective confiscation of the proceeds of crime.86. Parliamentarians should stress the need to develop international cooperation to fightcorruption and combat financial safe havens, in the forms of extradition agreements, assetforfeitures, social sanctions, mutual assistance, and to support national democratic reforms andgood governance and increase public confidence in the integrity of government anddemocratic institutions by strengthening codes of conduct for government ministers, membersof parliaments and public officials in order to address the problem of money laundering.87. The IPU should recommend that parliaments review or amend their national laws toreflect the major principles of the probity of politicians, institutions and public servants and toincrease transparency in public administration and lead international efforts to harmonize lawson combating money laundering.88. The IPU should encourage Member Parliaments to further strengthen laws andregulations on government procurement procedures, and to ensure proper oversight ofgovernment and elected officials by strengthening internal auditing mechanisms andguaranteeing public access to information necessary for meaningful external review in order toprevent money laundering activities.