An act of parliament to amend the prevention of terrorism act. Human rights, terrorism and counterterrorism ohchr. Terrorism prevention act, 2011 a bill for an act to make provisions for and about offences relating to conduct carried out or purposes connected with terrorism. A handbook on reporting terrorism media council of kenya. For example, under the prevention of terrorism act, to intercept a communication. Counterterrorism and security act 2015 legislation. The kenya led team will be based in nairobi, will follow the u. The prevention of violence act was allowed to expire in 1953 and was repealed in 1973 to be reintroduced under the prevention of terrorism temporary provisions act 1973. Department of state and the fbi announced that they have partnered with kenya to establish the first ever joint terrorism task force jttf outside of the united states.
Terrorism in kenya has affected the tourism industry. In the year 2014, the act was amended to provide for the offence know as radicalization and established a national counter terrorism centre the centre. Kenya has its first laws ever specifically targeting acts of terrorism. In 2000, the acts were replaced with the more permanent terrorism act 2000, which contained many of their powers, and then the prevention of terrorism act 2005. The prevention of terrorism amendment bill, 2018 parliament of. The prevention of terrorism act the act was enacted in the year 2012 for purposes of putting in place measures to detect and prevent terrorist activities. Though the passage of this bill was not as controversial as some earlier iterations, it still elicited criticism from kenyan human rights and muslim groups. Section 2 of the prevention of terrorism act, amendment to. The move is rooted in the internal security act isa and its predecessors that were enacted to counter the communist insurgency in malaya, then malaysia from 1948 to 1989. It was reiterated that the time allocated to the public for participation was grossly inadequate considering the nature and content of the bill. The nctc was established in law by the security law amendment act 2014, however it has existed since. Section 2 of the prevention of terrorism act, amendment to, hereinafter referred to as the pnncipal act, i s amended by.
The centre for human rights and policy studies submitted comments to the national assembly concerning the proposed amendment to the prevention of terrorism act under the statute law miscellaneous amendments bill, 2019. Whereas the constitution recognizes the general rules of international law and treaties or convention ratified by kenya to be part of the laws of kenya. The subsequent events of 911 in 2001 and july 7 in 2005 led to further legislation, resulting in the anti terrorism, crime and security act 2001, the prevention of terrorism act 2005 and the. Kenya, specifically, has been hard hit by terrorist attacks during the past twenty years or so. Kenya s disaster profile is dominated by droughts, fire, floods, terrorism, technological accidents, diseases and epidemics that disrupt peoples livelihoods, destroy the infrastructure, divert planned use of resources, interrupt economic activities and retard development. Kenya training manual on human rights and criminal.
Enacted by the national assembly of the federal republic of nigeria i. Subsidiary legislation prevention of terrorism act page. Subtitle aestablishment of director of national intelligence sec. The national counter terrorism centre was established in 2004 by a decision of the cabinet. Whereas the constitution recognizes the general rules of international law and treaties or convention ratified by kenya to be part.
Preventing terrorism results protecting the united states from terrorism is the founding mission of dhs. Its creation responded to the development of a national counter terrorism strategy in april 2003 reflecting the concern of the national leadership about the sharp escalation of the terrorist threat to kenya. The prevention of terrorism amendment bill, 2018 abilifor an act of parliament to amend the prevention of terrorism act. The main antiterrorism legislation, the 2012 prevention of terrorism act, provides only a vague definition of terrorism, greatly expands police powers, and allows the state to create lists of suspected terrorists and terrorist organizations without due process mazrui, 2018. The intelligence reform and terrorism prevention act title i of public law 108458. The 2012 prevention of terrorism act marks a great improvement. Part 1 acts of terrorism and related offences prohibition of acts of terrorism. The kenya training manual on human rights and criminal justice responses to terrorism was prepared by the united nations office on drugs and crime unodc terrorism prevention branch tpb and regional office for eastern africa roea in collaboration with kenyan counterparts.
Kenyan president mwai kibaki approved the prevention of terrorist act 2012, kenya s first piece of antiterrorist legislation to be passed, on 2 october 2012. An act to suppress acts of terrorism, to provide for the punishment of persons who plan, instigate, support, finance or execute acts of terrorism. Commencement enacted by the national assembly of the federal republic of nigeria 1. Hotels were almost collapsing and thousands of kenyans lost their jobs. Counter terrorism and security act 2015 2015 chapter 6 an act to make provision in relation to terrorism. Abuses under sri lankas prevention of terrorism act hrw. For example, is the death penalty the punishment for a terrorist action where death results from such a terrorist action, or is it life imprisonment. Prevention of terrorism temporary provisions act 1974. A person who conspires to commit a terrorist act abroad while in kenya or with a person in kenya commits an offense and is, on conviction, subject to a maximum of 20 years of imprisonment. Whereas kenya is a member of the united nations and as such bound by the decisions. The largest, most highprofile attack occurred in 1998 when alqaeda operatives bombed the u. Prevention of terrorism 1 prevention of terrorism bill 2015. Whereas the republic of kenya has enacted the prevention of terrorism act, 2012, the prevention of organized crimes act, 2010 and the proceeds of crime and antimoney laundering act, 2009.
Enactment of the prevention of terrorism act pota, 2012 and its regulations which among other issues provides for the criminalization of terrorism financing and the mechanism for implementing united nations security council resolutions with regard to terrorism financing. Kenya samlcft legal and institutional framework the proceeds of crime and antimoney laundering act 2009 pocamla and pocamla regulations the prevention of terrorism act 2012 pota and pota regulations ira amlcft guidelines 2011 revised 2017. Of 2017 6 3d an officer of the financial institution on whom the order under section 2a or 3b on whom an order was served and who fails or refuses to. Comments on the proposed amendment to the prevention of.
The comments highlighted the negative effects that the amendments would have on ongoing countering violent extremism cve work. Jan 29, 2018 sri lankan police stand guard at a protest calling for the release of tamil activists being held under the prevention of terrorism act in colombo, sri lanka, october 14, 2015. This act may be cited as the intelligence reform and terrorism prevention act of 2004. Laws of kenya prevention of organised crimes act chapter 59 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Its contents are the sole responsibility of the greater horn of africa amlcft team and do not necessarily reflect the views of the european union. Enacted by the parliament of kenya, as follows this act may be cited as the prevention of shost title. An act to amend the terrorism prevention act, 2011 by providing for extraterritorial application of the act and strengthening of terrorist financing offences. Information and investigations relating to terrorism, etc. We appreciate the contributions of journalists ims and officers in the security sector. A handbook on reporting terrorism v acknowledgements t he media council of kenya is grateful to all the people who contributed to the production of this report. This act may be cited as the prevention of terrorism amendment act, 2018. The manual is informed by the enactment of the prevention of terrorism act, 2012, and is intended to be a.
Any offence that constitutes a terrorist act under the prevention of terrorism act, 2012. Supkem supreme council of kenya muslims tpb terrorism prevention branch tfg transitional federal government. Service act, the prevention of terrorism act, the kenya citizenship and immigration act, the national police service act and the civil aviation act. Thanks to finn rasmussen for the technical input that ensured quality material. This act may be cited as the prevention of terrorism act, 2002 shon title and shall come into operation on such date as the minister may, by no tice, published in the gazette.
Kenyan president mwai kibaki approved the prevention of terrorist act 2012, kenya s first piece of anti terrorist legislation to be passed, on 2 october 2012. Whereas the republic of kenya has enacted the prevention of terrorism act, 2012, the prevention of organized crimes act, 2010 and the proceeds of crime. The prevention of terrorism amendment bill, 2018 a bill for an act of parliament to amend the prevention of terrorism act. In response to a growing extremist threat, especially from alshabaab, kenya has. A person who is a member of a terrorist group or who, in committing or in instigating, preparing or facilitating the commission of a terrorist act, holds, collects, generates or transmits information for the use in the commission of a terrorist act commits an offence, and is liable, on conviction, to imprisonment for a term not exceeding thirty years. In late 2004 report from the office of the united nations secretarygeneral, terrorism is an act projected to cause death or grave bodyharm on. The intelligence reform and terrorism prevention act. Provided that an act which disrupts any services and is committed in pursuance of a protest, demonstration or stoppage of work shall be deemed not to be a terrorist act within the meaning of this definition so long as the act is not intended to result in any harm. While america is stronger and more resilient as a result of a strengthened homeland security enterprise, terrorist threats persist and continue to evolve.
The nctc was established in law by the security law amendment act 2014, however it has existed since 2004 when it was created by a decision of the cabinet. Akta pencegahan keganasan 2015, abbreviated pota, is an anti terrorism law that was passed by the malaysian government on 7 april 2015. In recent years, the somalibased alshabab has perpetrated two largescale attacks in kenya. The act, however, still leaves open the definition of terrorism and the appeals process for the proscription of entities. The national counter terrorism centre nctc is a multiagency instrument primarily of security agencies built to strengthen coordination in counter terrorism.
Kenya has been a frequent target of terrorist attacks. Malaysia has introduced the prevention of terrorism act pota to deal with the growing threat of the transnational islamic state and other forms of terrorism. In 2012, kenya passed a tough antiterrorism bill called the prevention of terrorism act 2012. The refugees act is amended by deleting the word notwithstanding appearing in section 121 and substituting therefore the words subject to. According to the global terrorism database, there were 43 terrorism incidents in tanzania between 2008 and 2017, an extremely low number compared to kenya, which experienced 574. An act to provide for the prevention of the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of foreign country and for the control of the persons engaged in such acts and for related matters. Anti terrorism act, 2002, 2002 uganda legal information. In kenya, specifically, section 2 of the prevention of terrorism act 30 of 2012 broadly defines a terrorist act as an act or threat of action which, among other things, includes the following. United republic of tanzania the prevention of terrorism act, 2002 arrangement of sections section title part i preliminary provisions 1. There are conflicting penalties for various offences under the terrorism prevention act 2011. Preamble whereas the republic of kenya has enacted the prevention of terrorism act, 2012, the prevention of organized crimes act, 2010 and the proceeds of crime and antimoney laundering act. Published by the national council for law reporting.
The 2010 constititution of the repulic of kenya,chapter 4. Intelligence reform and terrorism prevention act of 2004. As the world becomes more technologically advanced, terrorism has risen as a major setback to the advancement of the human race. It makes training or instruction for the purpose of terrorism in or outside of kenya an offense punishable by at least ten years in prison. The terrorism prevention act, 2011 in this act referred to as the.
See section 44 of the terrorism prevention act 2011 and section 331b of the same legislation. At the urging of alshabaab, an increasing number of terrorist attacks in kenya have been carried out by local kenyans, many of whom are recent converts to islam. Published by the national council for law reporting with the authority of the attorney. Interpretation part ii prohibition for acts of terrorism 4. The 2012 prevention of terrorism act pta includes a provision that criminalizes acts carried out for the commission of a terrorist act in foreign. Terrorism committee on prevention of terrorist movement and effective border. Prevention of terrorism 1 prevention of terrorism bill. Violent extremism and community policing in tanzania.
The introduction of a tougher approach in fighting terrorism has also led to new security legislation and administrative procedures which, among other areas, seek to put more control on how the media cover issues related to terrorism and violent extremism in kenya. Prevention of terrorism 3 an act to provide for the prevention of the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of a foreign country and for the control of persons engaged in such acts and for related matters. In a historic move, president kibaki has assented to the hardfought prevention of terrorism act, 2012, a law expected to. This website was created and maintained with the financial support of the european union. The 2012 prevention of terrorism act marks a great improvement, especially in safeguards to the rights of persons and entities. Whereas action has been taken and further action is threatened. In 1998, kenya experienced its first major terrorist hit when.
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