Guia de Estudos - Faap

Guia de Estudos - Faap Guia de Estudos - Faap

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Guia de Estudos / Study Guide / Guia de Estudios Criminalize the financing of terrorism; freeze without delay any funds related to persons involved in acts of terrorism; deny all forms of financial support for terrorist groups; suppress the provision of safe haven, sustenance or support for terrorists; share information with other governments on any groups practicing or planning terrorist acts; cooperate with other governments in the investigation, detection, arrest, extradition and prosecution of those involved in such acts; and criminalize active and passive assistance or terrorism in domestic law and bring violators to justice. It is also relevant to note that another Security Council resolution 1624 (2005) guiding this committee states that countries must: Prohibit by law incitement to commit a terrorist act or acts; prevent such conduct and deny safe haven to any persons with respect to whom there is credible and relevant information giving serious reasons for considering that they have been guilty of such conduct. Following the same resolution, the SC also determinates that countries must respect international law first and foremost. Any act towards counter terrorism, even though if it is only to prevent it, must be in conformity with international law and respecting human rights. The resolution also indicates that all Member States must report to the CTC their actions towards the implementation of resolution 1624 and measures taken to prevent terrorism. The CTC must also, on a regular basis, report its activities to the Security Council, as said in resolution 1535 (2004). In this resolution, the Council also established the Counter-Terrorism Committee Executive Directorate (CTED), in order to work side by side with the CTC, assisting it and assuring that the resolution 1373 is being observed and implemented. In order to verify its implementation, the Committee, through the CTED, visits Member States with the purpose of assuring that each country’s work and efforts are compatible with the resolution. The objective of these visits is so that the Committee can be a close part of the measures taken by the States to anticipate terrorism and improve the dialogue between them, as stated in the “Framework document for CTC visits to States in order to enhance the monitoring of the implementation of resolution 1373.” Terrorism affects the entire world and mostly its people; when terrorists attack, they jeopardize the lives of the population of the regions in question, and therefore, this committee has a duty with the people. The CTC also works towards protecting human rights. According to Martin Scheinin, Special Rapporteur of the United Nations Human Rights Council on the promotion and protection of human rights while countering terrorism, “[a]ny sustainable strategy for the effective combat of terrorism must include promotion and protection of human rights as an essential element.” The population, however, has to consider the efforts to avert terrorism as necessity. This committee has the objective of achieving global security by restraining any type of terrorism. However, in order to do so, the international community has to engage in the process of minimizing terrorism, step by step, along with CTC’s working methods and strategies: Through the work of this Committee, Member States are for once really using this Organization in the way its founders intended –- as an instrument through which to forge a global defense against a global threat. (…) The Committee’s work has already highlighted the close connections between terrorism and various other activities that the United Nations has been seeking to repress, or at least to bring under control. I am thinking particularly of organized crime and the illicit traffic in weapons, drugs, and other commodities such as diamonds. HISTORy OF THE PROBLEM It is known that there are many natural resources around the world; and most of them are the main causes of some human’s issues. Natural resources have captured the attention of the international community and the diamonds are considered one of them. They were formed at least 990 million years ago, originated in a depth of 125- 200 kilometers below the Earth’s surface. It is because of this depth diamonds are so precious, as only a few survive the hazardous journey from the depths of the earth to reach its surface. Due to the rarity of diamonds, it becomes so valuable. This committee aims to contribute to a discussion about conflict diamonds, a topic that is high on the international agenda. The focus on this debate is the African continent and which are the influences that conflict diamonds promote there. Since the end of the Cold War, these minerals have helped to sustain several conflicts in the region. According to the UNSC, it is from Angola, Si- 63

erra Leone and the Democratic Republic of the Congo that conflict diamonds are originated. According to The United Nations (UN) conflict diamonds are defined as 64 (...) diamonds that originate from areas controlled by forces or factions opposed to legitimate and internationally recognized governments, and are used to fund military action in opposition to those governments, or in contravention of the decisions of the Security Council. There is a speech made by Ambassador J.D. Bindenagel – Former U.S Special Negotiator for Conflict Diamonds that well illustrates this theme, it says that diamonds are classified as an one of a kind resource, producing a strong feeling of eternal love and beauty. In the recent past, after rebel groups located in Africa started to use diamonds as a means of financing their ineffable inhumanity versus the civilian populations and wars many pictures of injured children have menace to oppress these traditionally positive images. The international community, due to these conflicts, was mobilized to assure the individuals that live in countries plentiful of diamonds are able to get deposits with their patrimony’s benefits. Since the beginning of the 20th century, areas rich in diamonds have endured unmeasured devastation on account of their wealth. The term “conflict diamond” only appeared recently on public’s consciousness, as the funds used to conduct deadly civil wars in Africa were traced back to diamonds. This issue only captured the world’s eyes during the brutal conflict in Sierra Leone in the late 1990s. According to the organization World Diamond Council, during this time, it is estimated that conflict diamonds represented approximately 4% of the world’s diamond production. Illicit rough diamonds have also been used by rebels to fund conflicts in Angola, Liberia, Ivory Coast and the Democratic Republic of Congo. However, the conflict diamond trade has left permanent scars to people and nations around the world, fueling bloody civil wars, human rights abuses and child labor. In addition to that, it has been quite impossible to verify the origin of diamonds and the conditions they are produced. One of the main issues to be tackled is the issue of rebel groups, who uses these diamonds as financing towards illicit operations in contravention of the international community’s objectives of restoring peace in the continent. These groups are accused to have com- VII Fórum FAAP de Discussão Estudantil - 2011 mitted numerous atrocities, including kidnappings, murders, rapes and amputations in order to control diamond trade. As an example, based on UN reports, Al-Qaeda regularly used diamonds to buy weapons and traded opium and heroin for gold. These precious stone has been used also to make money and to hide the group finances. It is also known that the global diamond industry is dedicated to eradicating trade in conflict diamonds, it works closely with the UN, governments and non-governmental organizations (NGOs) such as Global Witness and Partnership Africa Canada, to create the Kimberley Process Certification System. This system was formally adopted in 2003 and verses against conflict diamonds entering the legitimate diamond supply chain. The diamond industry also adopted a voluntary System of Warranties to assure consumers that their diamonds are from sources free of conflict. Nowadays, 74 governments have adopted their national law based to the Kimberley Process, and now more than 99% of the world’s diamonds are from conflict free sources. Although the fact remains the same, in other words, conflict diamonds still exists; because the problem is not the diamonds themselves but the rebels who exploit these diamonds in order to achieve illicit goals. At this point, it is important that non-governmental and inter-governmental organizations and Governments, arms manufacturers, financial institutions, diamond traders, social and education institutions and other civil society players combine their efforts, demanding a strict enforcement of sanctions and encourage real peace, as well as UN support. STATEMENT OF THE PROBLEM The UN has not yet come to find a definition for the term “terrorism” as no consensus on such a definition has been agreed on by the Member States. The Security Council is against all acts of terrorism, even those that are considered non-criminal, therefore, it tries to anticipate all attacks, considers illegal every form of terrorism and is willing to condemn all its forms of manifestation. Almost every week there are news on terrorist attacks, innocent lives are taken and places are destroyed. The world has great interest in ceasing this situation and abolishing this constant threat to humanity. People

<strong>Guia</strong> <strong>de</strong> <strong>Estudos</strong> / Study Gui<strong>de</strong> / <strong>Guia</strong> <strong>de</strong> Estudios<br />

Criminalize the financing of terrorism; freeze without<br />

<strong>de</strong>lay any funds related to persons involved in acts of<br />

terrorism; <strong>de</strong>ny all forms of financial support for terrorist<br />

groups; suppress the provision of safe haven, sustenance<br />

or support for terrorists; share information with other<br />

governments on any groups practicing or planning terrorist<br />

acts; cooperate with other governments in the investigation,<br />

<strong>de</strong>tection, arrest, extradition and prosecution<br />

of those involved in such acts; and criminalize active and<br />

passive assistance or terrorism in domestic law and bring<br />

violators to justice.<br />

It is also relevant to note that another Security<br />

Council resolution 1624 (2005) guiding this committee<br />

states that countries must:<br />

Prohibit by law incitement to commit a terrorist act<br />

or acts; prevent such conduct and <strong>de</strong>ny safe haven to any<br />

persons with respect to whom there is credible and relevant<br />

information giving serious reasons for consi<strong>de</strong>ring<br />

that they have been guilty of such conduct.<br />

Following the same resolution, the SC also <strong>de</strong>terminates<br />

that countries must respect international law<br />

first and foremost. Any act towards counter terrorism,<br />

even though if it is only to prevent it, must be in conformity<br />

with international law and respecting human<br />

rights. The resolution also indicates that all Member<br />

States must report to the CTC their actions towards<br />

the implementation of resolution 1624 and measures<br />

taken to prevent terrorism. The CTC must also, on a<br />

regular basis, report its activities to the Security Council,<br />

as said in resolution 1535 (2004). In this resolution,<br />

the Council also established the Counter-Terrorism<br />

Committee Executive Directorate (CTED), in or<strong>de</strong>r to<br />

work si<strong>de</strong> by si<strong>de</strong> with the CTC, assisting it and assuring<br />

that the resolution 1373 is being observed and implemented.<br />

In or<strong>de</strong>r to verify its implementation, the<br />

Committee, through the CTED, visits Member States<br />

with the purpose of assuring that each country’s work<br />

and efforts are compatible with the resolution. The<br />

objective of these visits is so that the Committee can<br />

be a close part of the measures taken by the States<br />

to anticipate terrorism and improve the dialogue between<br />

them, as stated in the “Framework document for<br />

CTC visits to States in or<strong>de</strong>r to enhance the monitoring of<br />

the implementation of resolution 1373.”<br />

Terrorism affects the entire world and mostly its<br />

people; when terrorists attack, they jeopardize the<br />

lives of the population of the regions in question, and<br />

therefore, this committee has a duty with the people. The<br />

CTC also works towards protecting human rights. According<br />

to Martin Scheinin, Special Rapporteur of the United<br />

Nations Human Rights Council on the promotion and<br />

protection of human rights while countering terrorism,<br />

“[a]ny sustainable strategy for the effective combat of terrorism<br />

must inclu<strong>de</strong> promotion and protection of human rights<br />

as an essential element.”<br />

The population, however, has to consi<strong>de</strong>r the efforts<br />

to avert terrorism as necessity. This committee has the<br />

objective of achieving global security by restraining any<br />

type of terrorism. However, in or<strong>de</strong>r to do so, the international<br />

community has to engage in the process of minimizing<br />

terrorism, step by step, along with CTC’s working<br />

methods and strategies:<br />

Through the work of this Committee, Member States are<br />

for once really using this Organization in the way its foun<strong>de</strong>rs<br />

inten<strong>de</strong>d –- as an instrument through which to forge a global<br />

<strong>de</strong>fense against a global threat. (…) The Committee’s work<br />

has already highlighted the close connections between terrorism<br />

and various other activities that the United Nations has<br />

been seeking to repress, or at least to bring un<strong>de</strong>r control. I am<br />

thinking particularly of organized crime and the illicit traffic in<br />

weapons, drugs, and other commodities such as diamonds.<br />

HISTORy OF THE PROBLEM<br />

It is known that there are many natural resources<br />

around the world; and most of them are the main causes<br />

of some human’s issues. Natural resources have captured<br />

the attention of the international community and the diamonds<br />

are consi<strong>de</strong>red one of them. They were formed at<br />

least 990 million years ago, originated in a <strong>de</strong>pth of 125-<br />

200 kilometers below the Earth’s surface. It is because of<br />

this <strong>de</strong>pth diamonds are so precious, as only a few survive<br />

the hazardous journey from the <strong>de</strong>pths of the earth<br />

to reach its surface. Due to the rarity of diamonds, it becomes<br />

so valuable.<br />

This committee aims to contribute to a discussion<br />

about conflict diamonds, a topic that is high on the international<br />

agenda. The focus on this <strong>de</strong>bate is the African<br />

continent and which are the influences that conflict<br />

diamonds promote there. Since the end of the Cold War,<br />

these minerals have helped to sustain several conflicts in<br />

the region. According to the UNSC, it is from Angola, Si-<br />

63

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