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Resolution 2091 (2016)
Foreign fighters in Syria and Iraq
1. In recent years, the phenomenon
of “foreign fighters” – individuals, driven mainly by ideology,
religion and/or kinship, who leave their country of origin or habitual
residence to join a party engaged in an armed conflict – has expanded
almost worldwide and has become a major global challenge for the
international community.
2. The Parliamentary Assembly condemns in the strongest terms
the recent terrorist attacks which took away the lives of hundreds
of citizens of Turkey, the Russian Federation, Lebanon, France,
Tunisia, and many other countries, and reaffirms its position of
principle in support of the fight against terrorism in all its forms
and wherever it occurs. It notes with great concern that many of
these recent terrorist attacks are claimed by, and may be attributed
to, individuals who act in the name of the terrorist entity which
calls itself “Islamic State” (Daesh) and who have perpetrated acts
of genocide and other serious crimes punishable under international law.
States should act on the presumption that Daesh commits genocide
and should be aware that this entails action under the 1948 United
Nations Convention on the Prevention and Punishment of the Crime
of Genocide.
3. In this context, the Assembly is extremely worried about the
growing flow of foreign fighters – men and women from across Europe
– who travel to Syria and Iraq in order to join Daesh and other
violent extremist groups which openly reject and attack universal
fundamental values and commit heinous crimes against both European
citizens and the local population of the countries where they go
to join the “jihad”. The Assembly recalls that under international
law States have a positive obligation to prevent genocide, and thus
should do their utmost to prevent their own nationals from taking
part in such acts.
4. Therefore the Assembly deems it of utmost importance to raise
public awareness of the phenomenon of foreign fighters, and to understand
and address it, including the problems related to the return of
these fighters to their home countries, which is a major and growing
threat to domestic and international security. Fighters who may
have perpetrated acts of genocide and/or other serious crimes prohibited
under international law, and who seek international protection upon
their return to Europe, should under no circumstances be granted refugee
status.
5. This threat takes on an even greater degree of urgency in
the light of the bloody attacks in Paris in November 2015, as well
as a number of previous terrorist attacks where there is credible
evidence that most perpetrators were linked to Daesh and had fought
in Syria or Iraq. This threat should also be considered against the
background of the unprecedented wave of arrivals of refugees and
migrants in Europe.
6. In addition to direct security threats such as terrorist attacks
by returnees, the danger exists that foreign fighters may seek,
both while abroad and after their return, to broaden support for
their causes and extend radical terrorist networks by recruiting
new followers, glorifying terrorist acts, sharing experience with
new recruits and training them in terrorist techniques.
7. More broadly, by misusing religious motivations for their
choices and acts, foreign fighters actually do harm to the religious
communities which they claim to belong to and fight for. As a result,
they risk undermining the cohesion and integrity of democratic societies
by exacerbating cleavages between the various ethnic and religious
groups. The Assembly reaffirms in this respect that terrorism should
not be associated with any religion, nationality or ethnic group.
8. The Assembly is particularly worried about the growing proportion
of women and young girls who travel to join Daesh; in some countries,
this exceeds 40% of all departures. While, for the time being, it
seems that women and girls do not take part directly in the fighting,
it is to be feared that this could happen in the future as Daesh
sustains losses in the ranks of its fighters.
9. The foreign-fighter problem is likely to remain on the political
agenda for years to come, and may even deteriorate. It is therefore
essential to deepen the understanding of its root causes and devise
appropriate policy responses to address them. While there is a tendency
to take quick and visible short-term action focused on protection
and punishment in reaction to immediate threats, the Assembly believes
that a security-oriented approach is not enough and stresses the
need to put more emphasis on addressing the underlying factors of radicalisation,
as well as on prevention, discouragement and reintegration policies
which may yield long-term results.
10. According to various studies, becoming a foreign fighter is
a result of, and may be an ultimate step in, the process of radicalisation
– a complex phenomenon of people embracing radical ideology and
intolerant opinions and ideas that could lead to violent extremism
and terrorist acts.
11. Radicalisation is most often a result of the interaction of
a series of political, socio-economic, ideological, personal and
psychological factors. It may affect men and women of all social
origins, particularly the young, including those originating from
the middle classes and holding higher-education degrees. Individuals
feeling marginalised, ill-treated, socially excluded and desperately
seeking a meaning to life and a sense of belonging are at high risk
of being radicalised, indoctrinated by extremist propaganda, including
via Internet and social networks, and being recruited by terrorist
groups.
12. As to the driving factors which may lead to a decision to
travel to a conflict zone, these may include a sense of outrage
at what is alleged to be happening in the country where the conflict
is taking place and empathy with the people affected, adherence
to the ideology of the group an individual wishes to join, and a search
for identity and belonging. Other drivers may be foreign policy
grievances, national policy, intergenerational conflict and peer
pressure. In addition, young women and girls may be attracted, via
Internet recruiters, by promises of romance and marriage to Daesh
fighters and their perceived “true masculinity”, and the prospects
of building genuine Islamic families in a “Caliphate” under Sharia
law and becoming mothers of the next generation of jihadists.
13. The Assembly reiterates that the response to terrorism must
comply with international law and the fundamental principles of
democracy, respect for human rights and the rule of law, and avoid
undermining the values and standards of democracy which terrorists
seek to destroy.
14. The foreign-fighter problem is being studied and dealt with
as a matter of priority by many national governments, specialised
agencies, research centres, local authorities, and by various regional
and international organisations. The Assembly underlines the need
to share information and best practice and exchange experience,
and the importance of co-ordinating efforts among all actors involved.
15. Taking into account an ever-broadening dimension of the terrorist-fighter
problem stretching over national, regional and even continental
borders, the Assembly believes that the United Nations must continue to
play the leading role in shaping a global strategy to counter this
dangerous trend. It refers, in particular, to United Nations Security
Council Resolution 2178 (2014) on threats to international peace
and security caused by terrorist acts, which addresses the issue
of foreign terrorist fighters.
16. In this context, the Assembly notes with satisfaction that
the Council of Europe was the first international organisation to
set up a regional legal instrument to implement the provisions of
Resolution 2178 by adopting the Additional Protocol to the Council
of Europe Convention on the Prevention of Terrorism (CETS No. 217). While
regretting that the Committee of Ministers did not take into account
the proposed amendments contained in Assembly Opinion 289 (2015) on the draft
additional protocol, the Assembly welcomes its opening for signature.
17. The Assembly further welcomes the resolve of the Committee
of Ministers to make a strong contribution to the fight against
violent extremism and radicalisation leading to terrorism through
the adoption of an action plan for 2015 to 2017, which aims to increase
the capacity of European societies to reject all forms of extremism.
It particularly underscores the relevance of concrete measures for
preventing radicalisation through education, in prisons and on the
Internet.
18. For its part, the European Union has been active in co-ordinating
its member States’ responses to the problem of foreign fighters,
and has developed, inter alia,
the Strategy for Combating Radicalisation and Recruitment to Terrorism
encompassing policy responses which are also relevant for countries
outside the European Union.
19. The Assembly notes that a number of countries take measures
to take away the nationality of foreign fighters. That is only admissible
as long as international law and proper judicial procedures are
followed.
20. Due to their proximity to citizens, local authorities and
other actors at local level have a key role to play with regard
to the early detection and prevention of radicalisation and departures
of Europeans to the conflict zones, and the readaptation and deradicalisation
of returnees. In this respect, the Assembly welcomes the efforts
by the Congress of Local and Regional Authorities of the Council
of Europe to bring together representatives of local authorities
from across Europe with a view to sharing experience and good practice
on preventing radicalisation, and to promote integrated approaches
at local level in order to ensure that all stakeholders – civil
society, faith-based organisations and social, educational, security
and justice services – are involved.
21. The Assembly calls on its member and observer States and parliaments
with partner for democracy status to:
21.1. work out a comprehensive response to the foreign-fighter
problem, striking the right balance between repression of criminal
behaviour, protection of populations and human rights, prevention
of radicalisation, deradicalisation and reintegration of returnees
into their home communities after appropriate punishment has been
served, if applicable, and to address the root causes of radicalisation;
21.2. fulfil their positive obligations under the 1948 United
Nations Convention on the Prevention and Punishment of the Crime
of Genocide by taking all necessary measures to prevent genocide;
21.3. build partnerships between governments, local authorities,
the private sector and civil society to address the threat posed
by violent extremist ideologies;
21.4. recognise and enhance the role of local authorities in
dealing with the foreign-fighter problem, by raising awareness at
the local level, strengthening advisory capacity, collecting, analysing
and sharing local-level approaches, setting up local multi-agency
structures and creating and pooling new resources and tools;
21.5. review the situation in education systems, promote inclusive
education and ensure that schools fully play their role in preparing
active citizens with a sense of responsibility and critical thinking
skills, and who are prepared to live in a diverse society and defend
the values of democracy;
21.6. devise effective measures in order to detect and stop
the dissemination of violent extremist propaganda on the Internet
and via social networks and the media;
21.7. make active use of all communication channels, including
the Internet and social media, and draw on the expertise of the
best available public relations specialists, to spread information
about the heinous crimes committed by Daesh, and counter-narratives
aimed at exposing extremist discourse and dissipating illusions
about the real situation in the territories held by Daesh and the
fate of its recruits, in particular by using testimonies of returnees
who have witnessed first-hand the nature of Daesh;
21.8. enhance intercultural and interreligious dialogue with
leaders of the various communities, with particular emphasis on
the prevention of radicalisation and the need to counter hate speech
and violent extremist propaganda;
21.9. pay due attention to the education and training of religious
leaders in full respect of fundamental democratic values, so as
to ensure that they disseminate the message of tolerance and resist
hate speech;
21.10. strongly condemn and, if need be, impose sanctions on
religious leaders who preach hate and violence and otherwise attack
fundamental values enshrined in the European Convention on Human Rights
(ETS No. 5);
21.11. pay particular attention to the prevention of radicalisation
and terrorist recruitment in prisons;
21.12. take fully into account the increasing number of women
and young girls departing to join Daesh, develop a gender-specific
approach to prevention and reintegration, and specific counter-narratives aimed
at women and girls, and fully use the social and family role of
women in countering violent extremism;
21.13. prioritise deradicalisation programmes dealing with returnees;
21.14. decline to grant refugee status to persons who might have
perpetrated acts of genocide or other serious crimes prohibited
under international law, and share information about such persons
with other member States;
21.15. enhance international co-operation between competent national
and local authorities and specialised agencies with a view to a
swift exchange of relevant information, experiences and good practice
for engagement with foreign fighters for prevention, outreach, rehabilitation
and reintegration after appropriate punishment has been served,
if applicable;
21.16. sign and ratify, if they have not already done so, the
Council of Europe Convention on the Prevention of Terrorism (CETS
No. 196) and its additional protocol, as well as other relevant
Council of Europe legal instruments.