RESOLUTIONS ON  LEGAL  AFFAIRS

 

ADOPTED BY THE TENTH SESSION OF THE ISLAMIC SUMMIT CONFERENCE

(SESSION OF KNOWLEDGE AND MORALITY FOR THE PROGRESS OF UMMAH)

   

PUTRAJAYA - MALAYSIA

20-21  SHA’ABAN 1424H 16-17  OCTOBER 2003

 

 

Resolution No.1/10-LEG (IS)

On the International Islamic Court of Justice and Cooperation Among Islamic States in the Judicial Field

 

Resolution No. 2/10-LEG (IS)

On the Follow-Up of the Cairo Declaration on Human Rights in Islam

 

Resolution No.3/10-LEG (IS)

On Coordination Among Member States in the Field of Human Rights

 

Resolution No. 4/10-LEG (IS)

On Slander Campaigns waged by certain Governmental and Non-Governmental Organizations (NGOs) targeting a number of OIC Member States and the Islamic Sharia under the Slogan of Human Rights Protection

 

Resolution  No. 5/10-LEG (IS)

On the Status of Signature and Ratification of the Agreements concluded under the auspices of the OIC

 

Resolution No. 6/10-LEG (IS)

the OIC Convention on Combating International Terrorism

 

Resolution  No. 7/10-LEG (IS)

On Convening an International Conference under the auspices of the UN to define terrorism and distinguish it from peoples’ struggle for national liberation

 

Resolution No. 8/10-LEG (IS)

On the Strengthening of Islamic solidarity in combating hijacking

 

 

 

RESOLUTION  No. 1/10-LEG (IS)

 

ON THE INTERNATIONAL  ISLAMIC  COURT  OF  JUSTICE  AND COOPERATION  AMONG  ISLAMIC  STATES IN  THE  JUDICIAL  FIELD

  

    The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H (16-17 October 2003),

 

Recalling Resolution No. 13/5-P (IS) of the Fifth Session of the Islamic Summit Conference regarding the establishment of the International Islamic Court of Justice as a fourth principal organ in the OIC;

 

Wishing to speed up the establishment of the International Islamic Court of Justice and the commencement of its work so that it may contribute to the peaceful settlement of disputes among Member States;

 

Mindful of the importance of Resolution No. 59/9-P (IS) adopted by the Ninth Islamic Summit Conference on the Islamic Court of Justice:

 

1.         Expresses its appreciation to the Member States that have ratified the Statute of the Court and the amendment of Article (3) of the Charter involving the addition of a fourth paragraph (d) concerning the International Islamic Court of Justice.

 

2.         Urges the Member States that have not yet ratified the Statute of the Court and the amendment of the Charter to accelerate the completion of the ratification procedure and to deposit their instruments of ratification at the General Secretariat as soon as possible, so that the quorum needed for the Court to become operational may be attained.

 

3.         Calls for continued coordination and consultation between the State of Kuwait (the Headquarters State) and the General Secretariat in order to pursue the best ways and means to accelerate the establishment and functioning of the Court.

 

4.         Invites the Secretary-General to continue intensive contacts and consultations with Member States aimed at expediting the attainment of the necessary quorum of ratifications for establishing the Court and ensuring the commencement of its work.

 

5.         Also invites the Member States and the General Secretariat to make every effort to raise education and awareness of the relevance of the Court, and its objectives and of the need for its establishment and functioning as an optional judiciary means to settle conflicts peacefully.

 

 

6.         Calls on the Member States to consider promoting ways and means of cooperation among themselves in the judicial field and relevant research and studies.

 

7.         Requests the Secretary-General to follow up the implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

  

 

RESOLUTION  No. 2/30-LEG (IS)

 

ON  THE  FOLLOW-UP  OF  THE  CAIRO  DECLARATION  ON HUMAN  RIGHTS  IN  ISLAM

 

  

           The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

Recalling the noble motives and objectives of the glorious religion of Islam which emphasizes the importance of human rights; and mindful of the universality and comprehensive nature of the Islamic laws on human rights and the prominent place of Man;

 

Bearing in mind the objectives of the OIC Charter of promoting and encouraging respect for human rights and fundamental freedoms for all people without distinction as to race, sex, or religion;

 

Recalling Resolution No. 49/19-P of the Nineteenth Session of the Islamic Conference of Foreign Ministers adopting and issuing the document entitled "Cairo Declaration on Human Rights in Islam"; and the subsequent resolutions the latest of which was resolution  No. 2/30-LEG of the 30th ICFM on the Follow-up of the Cairo Declaration on Human Rights in Islam;

 

Recognizing the necessity to expedite the follow-up of the Cairo Declaration, as guidelines for Member States, by taking concrete and practical measures now that 11 years have elapsed since its adoption;

 

Aware of the prevailing international circumstances and the necessity of strengthening the existing mechanism within the OIC for exploring ways and means to promote and protect human rights through, inter alia, the formulation of a set of Islamic covenants on human rights;

 

Recognizing the obligations and endeavors of the Member States to promote and protect the internationally recognized human rights while taking into account the significance of their religious, national, and regional specificities and various historical and cultural backgrounds, and with due regard to the "Cairo Declaration on Human Rights in Islam":

 

1.         Welcomes the unanimous decision of the Nineteenth Session of the Islamic Conference of Foreign Ministers to issue the Cairo Declaration on Human Rights in Islam as general guidelines for Member States in the field of human rights.

 

2.         Recognizes the importance of following up the Cairo Declaration on Human Rights in Islam and calls once again upon the Intergovernmental Expert Group, in accordance with its mandate and pursuant to the principles enshrined in the Cairo Declaration, to start the formulation and consideration of Islamic charters on human rights which shall take the form of covenants, each of which shall deal with one or several issues in detail based on the provisions of the Declaration, and to be considered in special meetings in preparation for recommending their submission to the Islamic Conference of Foreign Ministers.

 

3.         Encourages Member States to support and facilitate the realization of the mandate of the Intergovernmental Expert Group through, inter alia, convening, in Member States and Non-Member States and in collaboration with the General Secretariat, seminars and workshops on human rights in Islam.

 

4.         Calls upon Member States to continue their active coordination and cooperation in the field of human rights particularly in the relevant international forums in order to strengthen Islamic solidarity against any initiative that may lead to the use of human rights as a means of political pressure on any Member State.

 

5.                  Takes note of the report of the Seventh Meeting of the Intergovernmental Expert Group on the follow-up of the Cairo Declaration on Human Rights in Islam, approves proposals and recommendations made therein, invites the Expert Group to continue its work on a regular basis, also invites the Member States to participate in the work of this Group on the highest level possible, and to consider the preliminary formulation of the Draft Covenant on the Rights of the Child in Islam, which was approved by the Sub-Committee of the Group for submission to the ICFM.

 

6.         Calls for continuation of the work of the Subsidiary Committee on Drafting International Covenants for Human Rights in Islam.

 

7.         Requests the Secretary-General to follow up the implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

 

 

RESOLUTION  No. 3/10-LEG (IS)

 

ON COORDINATION  AMONG  MEMBER  STATES IN  THE  FIELD  OF  HUMAN  RIGHTS

 

 

The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

Bearing in mind the objectives of the OIC Charter and the Cairo Declaration on Human Rights in Islam, of promoting, encouraging, and ensuring respect for human rights and fundamental freedoms for all in accordance with Islamic values and teachings, as well as the United Nations Charter, and the Universal Declaration of Human Rights and other relevant instruments;

 

           Commending the constructive ideas contained in the Doha Declaration adopted by the Ninth Session of the Islamic Summit Conference, held in Doha on 16-17 Shaabane 1421H (12-13 November 2000);

 

           Recalling the principles and objectives of the OIC Charter, the Resolutions adopted by the Islamic Summit Conferences and the Islamic Conferences of Foreign Ministers the most recent of which was Resolution No. 68/9-P (IS), Resolution No. 3/30-LEG, and international conventions and declarations, particularly those calling for the respect of human rights namely political, social, cultural, and economic rights and religious freedoms;

 

Mindful of the universality and integral nature of Islamic values with respect to human rights, the prominent place of Man in Islam as vicegerent of Allah on earth and hence the great importance attached by Islamic thought to the promotion, encouragement and respect of human rights;

 

Further recalling  the Commission on Human Rights’ resolutions No. 1999/82 of 20 April 1999 and No. 2000/84 of 26 April 2000 entitled “defamation of religions” which expressed deep concern at the negative stereotyping of religions and at the way Islam is frequently and wrongly associated with human rights violations and with terrorism,  and which also expressed concern at the space devoted by the printed, audio-visual, and electronic media to inciting violence, xenophobia, or related intolerance and discrimination towards Islam and other religions;

 

Aware that the increasing importance of human rights in every part of the world requires more intensified efforts from the Islamic Ummah and Islamic Organizations in order to take appropriate initiatives at all levels toward the consolidation and protection of human rights;

 

Noting the attempts to exploit the issue of human rights to discredit the principles and rules of Islamic Shariah and to interfere in the affairs of Islamic States;

 

Stressing the need for active international cooperation for the effective realization of the right to development;

 

Emphasizing the need for close coordination among Member States in resisting attempts to exploit human rights for political purposes through selective targeting of individual Islamic countries:

 

 

1.      Reiterates the need for continued consultation and coordination among Member States in the field of human rights especially during international Conferences and meetings on the subject.

 

2.      Endorses the efforts of the delegates of OIC Member States in Geneva to highlight the concerns of the Islamic Countries regarding the defamation of Islam and to take common positions on issues of direct interest to them in the UN human rights bodies.

 

3.      Requests the Member States and the Secretary General to take the necessary steps to convey OIC positions on the various issues in the field of human rights especially in respect of minorities, to the UN Human Rights organs and agencies, in particular their Special Representatives and Rapporteurs with a view to furthering OIC positions on human rights at the U.N.

 

4.      Commends the initiative taken by the Islamic Group in Geneva to oppose the “Defamation of Islam” as reflected in resolution 1999/82 (20 April. 1999) and 2000/84 (26 April, 2000) adopted by the Commission on Human Rights on “Defamation of Religions” and encourages the Group to continue its efforts in this respect aimed at putting these two resolutions into force.

 

5.      Decides that Member States and the General Secretariat shall undertake to follow up Member States’ missions with the relevant international organizations, in particular, at the U.N. headquarters in New York and Geneva, and to hold meetings on appropriate occasions, to consider and discuss human rights issues with a view to adopting a unified position among Member States vis-à-vis campaigns and draft resolutions that target OIC Member States in relevant international fora.

 

6.      Reaffirms the need to keep abreast of economic and social developments without being remiss in supporting and respecting human rights. It also reaffirms its rejection of the attempt to impose economic starvation and deprivation on the peoples and countries of the Islamic world in any way, shape or form.

 

7.      Calls for the necessary vigilance and caution towards any attempts at misrepresenting and purposefully discrediting the Islamic Shariah.

 

8.      Denounces media campaigns and fabrications made by some quarters in non-Member States regarding the treatment of non-Muslim minorities and communities in the OIC Member States under the slogan of religious freedoms and so on.

 

9.      Encourages the OIC Member States Missions in Geneva to pursue coordination on human rights and make a collective statement every year at the Commission of Human Rights and its sub-Committee on Human Rights on the Promotion and Protection of Human Rights presenting the position of the OIC Member States on Human Rights.

 

10.    Requests the Secretary General to follow up implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

 

 

RESOLUTION  No. 4/10-LEG (IS)

 

ON SLANDER  CAMPAIGNS  WAGED  BY  CERTAIN   GOVERNMENTAL AND  NON-GOVERNMENTAL  ORGANIZATIONS  (NGOs)  TARGETING  A  NUMBER  OF  OIC  MEMBER  STATES  AND  THE  ISLAMIC  SHARIA UNDER  THE   SLOGAN  OF  HUMAN  RIGHTS  PROTECTION

 

 

The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

Recalling resolution No. 49/19-P of the 19th ICFM on adopting and ratifying a document titled "The Cairo Declaration on Human Rights in Islam," aimed at fostering, promoting, and respecting human rights and fundamental freedoms for all, proceeding from the values and tenets of Islam, the charters of the Organization of the Islamic Conference (OIC) and the United Nations (UN) as well as the Universal Declaration on Human Rights and other relevant instruments;

 

Recalling also the OIC resolutions on the follow-up of the "Cairo Declaration on Human Rights in Islam," "coordination among member states in the field of human rights", and drafting Islamic covenants on human rights, the latest of these resolutions being resolutions No. 2/30-LEG and No. 3/30-LEG.

 

Referring to OIC Resolution No. 70/27-P and the two resolutions No. 1999/82 and 2000/84 of the Human Rights Commission in Geneva, at its 55th and 56th sessions regarding the ways and means to deal with the defamation of religions as well as OIC resolutions, the most recent of which is Res. No. 4/30-LEG on the Slanderous Campaigns Waged by Certain NGOs Against a Number of OIC Member States and Targeting the Islamic Sharia Under the Slogan of Human Rights Protection;

 

Affirming that discrimination against human beings on account of their religion or creed is an insult to the dignity of the humankind;

 

           Welcoming the paragraphs on human rights matters contained in the Final Communiqué of the Meeting of NAM Foreign Ministers, held in Kuala Lumpur, Malaysia, in February 2003;

 

Stressing the importance of creating the propitious circumstances conducive to better harmony and more tolerance within and among various societies; and aware of the importance of education for ensuring tolerance and respect of religion and creed;

 

Expressing its appreciation, in this regard, of the joint efforts exerted by the OIC Member States and the UN High Commission on  Human  Rights  which organized a symposium   under  the  theme  "Enriching  the  Universality  of  Human  Rights:  The  Universal Declaration on Human Rights From an Islamic Perspective," in Geneva, November 9-10, 1998 followed by a second symposium under the theme of “Human Rights in Islam” in Geneva on 14 and 15 March 2002;

 

Cognizant of the important role played by some Governmental and NGOs working in Human Rights;

 

1.         Expresses its deep concern over the frequent and erroneous association of Islam with violations of human rights and the misuse of the printed and audio-visual media in propagating such misconceptions and calls on the Member States to undertake information activities to counter these activities.

 

2.         Denounces the resolution of the European Union on condemning the Stoning Punishment, and other so-called inhuman punishments, practiced by a number of Member States in the course of applying the Sharia rules, and calls for a halt of the unjustified campaigns launched by some Governmental and NGOs against a number of Member States, focusing on the demand to abolish the Shari'a ordained punishments and other penalties under the "protection of human rights" slogan.

 

3.         Requests the Islamic Groups in Geneva and New York to unify their positions towards rejecting all resolutions that oppose punishments stipulated in the Islamic Sharia.

 

4.         Invites Member States to direct their representatives in countries of the European Union to explain the positions taken by their countries regarding punishments stipulated in the Islamic Sharia.

 

5.         Stresses the need to respect the Islamic Sharia, domestic laws and legislations of all Islamic States.

           

6.         Reaffirms the right of states to hold on to their religious, social, and cultural specificities which constitute a heritage and streams of thought that contribute towards enriching the common international conceptions of human rights.

 

7.         Reasserts that the right of societies to abide by their own characteristics and indigenous values that distinguish them does not mean cultural alienation or introversion, no more than it is a pretext to renege on their international commitments.

 

8.         Recalls anew the states' right to reserve, where necessary, the right to express reservations on the international conventions, covenants, and agreements they subscribe to, as part of their sovereign rights.

 

9.         Calls for the necessity to consider human rights in their global conception and in all their civil, political, social, economic, and cultural facets within the framework of international cooperation and solidarity.

 

10.      Also calls for abstaining from using the universality of human rights as a pretext to interfere in the states' internal affairs and undermine their national sovereignty.

 

11.       Emphasizes the necessity for the international community to address the human rights issue objectively, individually and comprehensively, as far as all states are concerned, without selectivity or discrimination.

 

12.       Exhorts all states to take all appropriate measures, in the context of their national legislations and in line with the international human rights instruments, to promote understanding, tolerance, and respect in matters connected with freedom of religion or creed.

 

13.       Calls on the OIC Member States Missions in Geneva to work to ensure that the reports of the UN Special Rapporteurs on human rights take into consideration the provisions of the present resolution when submitting such reports to the coming sessions of the UN Human Rights Commission.

 

14.       Expresses deep concern at the activities of certain Governmental and NGOs which are supported by government that are used by their sponsors to attack OIC Member States for political purposes and meet their foreign policy objectives in international fora especially the Commission on Human Rights and its Subsidiary Organs and encourages OIC Member States to coordinate in order to discourage such activities.

 

15.       Calls on Member States to encourage their Governmental and NGOs to play an effective role in this context.

 

16.       Requests the Secretary-General to inform international NGO’s of this resolution, follow up its implementation and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

                                                                                                                      

  

   

RESOLUTION  No. 5/10-LEG (IS)

 

ON  THE STATUS  OF  SIGNATURE  AND  RATIFICATION  OF  THE  AGREEMENTS CONCLUDED  UNDER  THE  AUSPICES  OF  THE  OIC

 

  

The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

           Having considered the status of signature, ratification, and accession to the Agreements concluded under the auspices of the Organization of the Islamic Conference;

 

Noting that the necessary quorum of ratifications by Member States for the coming into force of many of these Agreements is not yet reached in accordance with the provisions of their Statutes; and the importance of expediting this process for strengthening the role of the OIC and expanding the fields of cooperation among Member States;

 

1.         Urges the Member States to sign and/or ratify, as soon as possible, the various agreements concluded in the framework of the Organization of the Islamic Conference.

 

2.         Requests the Secretary-General to follow up the implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

                                                                                                           

 

RESOLUTION  No. 6/10-LEG(IS)

 

ON  THE OIC  CONVENTION  ON  COMBATING  INTERNATIONAL  TERRORISM

 

 

The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

Welcoming the approval by the 26th ICFM of the OIC Convention on Combating International Terrorism;

 

Recalling Resolution No. 43/7-P (IS) of the Seventh Session of the Islamic Summit Conference, which approved the Code of Conduct for Combating International Terrorism and Resolution No. 54/8-P (IS) of the Eighth Session of the Islamic Summit Conference and resolution 65/9-P (IS) of the Ninth Session of the Islamic Summit Conference and the Kuala Lumpur Declaration of the Extraordinary Session of the Islamic Conference of Foreign Ministers on International Terrorism;

 

Also recalling the UN Resolution No. 60/49 on the Declaration of principles on combating international terrorism;

 

Reaffirming the determination to combat terrorist acts in all their forms and manifestations, including those where States are directly or indirectly involved;

 

Reiterating the commitment to combat terrorism in all its forms and manifestations, to eliminate the objectives and causes of terrorism directed against the life and property of innocent people and the sovereignty, territorial integrity, stability, and security of States, and to uphold the provisions of the OIC Convention on Combating International Terrorism, which reaffirm this commitment;

 

Emphasizing the importance of international and regional cooperation, especially among Member States, including coordination and exchange of information among their competent authorities in combating effectively all forms of terrorism;

 

Reiterating its call on Member States to observe the principles of good neighborliness and non-interference in the internal affairs of States and to prevent the use of their territories by individuals or groups for the perpetration of terrorist acts against other Member States;

 

Emphasizing the importance of establishing a climate of confidence and solidarity among Member States directed against all States and peoples;

 

           Expressing its concern at the continued acts of violence and the escalation of concomitant aggressions particularly recent attacks against foreign tourists;

 

Strongly condemning terrorism in all its forms and manifestations including state terrorism directed against all States and peoples;

 

Having considered the report of the OIC Secretary-General on the follow-up of the OIC Convention on Combating International Terrorism;

 

1.         Asserts that Islam is innocent of all forms of terrorism which involve the murder of innocent people whose killing is forbidden by Islam, and rejects any attempts to link Islam and Muslims to terrorism because the latter has no relation whatsoever with religions, civilizations or nationalities.

 

2.         Strongly condemns the perpetrators of terrorist crimes, who pretend to act in the name of Islam or under any other pretext.

 

3.         Calls upon all states not to grant asylum to these terrorists, and to take all necessary measures to help bring them to justice.

 

4.         Affirms the determination of Member States to concert their efforts to combat all forms and manifestations of terrorism, including state terrorism directed against all States and peoples.

 

5.         Reaffirms that the struggle of peoples under colonialist domination or under foreign occupation, for their national liberation or to regain their right to self-determination, does not constitute an act of terrorism.

 

6.         Takes note with satisfaction the coming in force of the OIC Convention on Combating International Terrorism.

 

7.         Calls upon Member States to follow up the OIC Convention on Combating International Terrorism and expedite their signing and ratification of the Convention, and to coordinate their stands and cooperate in the light of the principles and provisions stipulated in the Convention within all the international conferences and forums concerned with the issue of terrorism and international terrorism.

 

8.         Reaffirms the commitment of Member States to the provisions of the OIC Convention on Combating International Terrorism, especially those reaffirming their commitment to refrain from undertaking, attempting, or participating in any way in financing, instigating or supporting any acts of terrorism, directly or indirectly, and also those committing them to take all necessary measures to ensure that their territories are not used as a base for planning, organizing, executing, initiating or participating in any terrorist activity.

 

9.         Calls upon OIC Member States to make every effort to enhance their cooperation, within the framework of respecting their internal laws and relevant international arrangements and conventions, in countering and combating

                                 

 

terrorist acts, prosecuting their perpetrators or handing them over to their respective  countries  of  origin or to the state where the act had been committed, in accordance with their bilateral agreements and arrangements as well as cooperation among these states in the fields of exchange of relevant information on terrorists and their activities.

 

10.       Requests the Secretary-General to follow up the implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

 

  

RESOLUTION  No.7/10-LEG (IS)

 

ON CONVENING  AN  INTERNATIONAL  CONFERENCE  UNDER  THE AUSPICES  OF  THE  UN  TO  DEFINE  TERRORISM  AND  DISTINGUISH  IT  FROM  PEOPLES'  STRUGGLE  FOR  NATIONAL  LIBERATION

 

 

The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

Committed to the moral and human principles that the OIC Member States believe in, and inspired by their sublime and tolerant religion and by their heritage and tradition which call for the rejection of all forms of injustice, aggression, and intolerance;

 

Stressing the existence of international consensus on combating terrorism in all its forms, including state terrorism which threatens the lives and properties of innocent people, violates the sovereignty of States, and endangers the rights of peoples; underlines the importance of addressing the real causes of international terrorism, being convinced that the war on terror will not succeed unless the environment that nurtures terrorism, including foreign occupation, injustice and exclusion is dealt with;

 

           Rejecting any attempt to link Islam and Muslims to terrorism and reiterating that terrorism has no association with any religion, civilization and nationality.

 

Recognizing the need for specific and agreed upon international standards, to enable the international community to differentiate clearly between terrorism and the struggle for national liberation for peoples under alien colonial domination or foreign occupation.

 

Stressing the need for Islamic cooperation in taking practical measures to combat and prevent terrorism effectively within the framework of the provisions of the Code of Conduct for combating international terrorism, approved by the Seventh Session of the Islamic Summit Conference in its Resolution No. 43/7-P (IS), and the OIC Convention On Combating International Terrorism, approved by the 26th Session of the Islamic Conference of Foreign Ministers as per its resolution No. 59/26-P;

 

Reaffirming the fundamental and legitimate right of all peoples struggling under the yoke of colonialist and racist regimes as well as under foreign occupation to resist occupation and achieve self-determination, and particularly the struggle of national liberation movements;

 

           Recalling OIC resolutions and instruments on combating international terrorism;

 

           Recalling also the outcome of the 9th Extraordinary Session of the Islamic Conference of Foreign Ministers held in Doha, State of Qatar, on 10 October 2001, and the Kuala Lumpur Declaration on International Terrorism adopted at the Extraordinary Session of the Islamic Conference of Foreign Ministers on Terrorism held on 1-3 April 2002;

 

Condemning all terrorist acts, including those directly or indirectly perpetrated by States, which spread violence and terror, such as foreign occupation, racism and aggression,  and aim at destabilizing countries and communities;

 

Denouncing the rabid attempts aimed at obliterating the clear distinction between terrorism and the legitimate struggle of peoples which conforms with the principles of international law and the provisions of the Charters of the Organization of the Islamic Conference and the United Nations;

 

           Denouncing also the use or threat to use military force against any Islamic State under the pretext of combating terrorism; and stressing the pivotal role of the UN in the international campaign against terrorism and that the expression (axis of evil), used by certain States to target other States is a form of political and psychological terrorism;

 

Noting the classification adopted by some quarters on the basis of biased political considerations according to which a number of Islamic States are listed among the so called states which sponsor terrorism;

 

           Rejecting also any selective, exclusive and double standard attitude in combating international terrorism, which are contrary to the principles of the UN Charter and undermine the international and comprehensive campaign against terrorism..

 

Recalling UN General Assembly Resolution No. 1514 (1960) on granting the right of self-determination and independence to colonized countries and peoples, and UN General Assembly Resolution No. 42/104, adopted on 7 December 1987;

 

Also recalling Resolution No. 64/9-P (IS) adopted by the Ninth Session of the Islamic Summit Conference and resolution No. 7/30-LEG issued by the 30th ICFM as well as previous and relevant resolutions;

 

1.         Reiterates its support for convening an International Conference under the auspices of the United Nations to define terrorism and distinguish it from peoples’ struggle for national liberation. Supports the Tunisian presidential initiative on establishing a Code of Conduct on combating international terrorism in accordance with the Code of Conduct adopted by the 7th Islamic Summit Conference pending the adoption of a Comprehensive International Convention on Terrorism within the framework of preparing for the proposed international conference.

 

 

2.         Invites Member States to stress the need for convening an International Conference to determine the meaning of terrorism, and to distinguish it from peoples’ struggle for national liberation.

 

3.         Requests the Secretary General, in consultation with Member States, to prepare to convene in 2003 the Conference of the constituted OIC Organizing Committee at the ministerial level in accordance with the Kuala Lumpur Declaration so as to commence its substantive work.

 

4.         Requests the Secretary General to expedite the convening of the Committee of Experts constituted under resolution 7/29-LEG to prepare and present recommendations to the ministerial committee referred to in paragraph 3 above.          

5.         Requests also the Secretary-General to follow up the implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.

 

 

                                                                                                                   

 

RESOLUTION  No. 8/10-LEG (IS)

 

ON  THE STRENGTHENING  OF  ISLAMIC  SOLIDARITY  IN COMBATING  HIJACKING

 

 

The Tenth Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), held in Putrajaya, Malaysia, from 20 to 21 Shaban, 1424H  (16-17 October 2003),

 

Recalling the Resolutions adopted by the Islamic Summit and Foreign Ministers Conferences, the latest of which are resolutions No. 66/9-P (IS) adopted by the Ninth Session of the Islamic Summit Conference; and Resolution No. 8/29-LEG adopted by the 30th Session of the ICFM;

 

Taking into consideration that the hijacking of aircraft and terrorization of innocent passengers is a crime as grave as highway robbery which is prohibited by the Islamic Shariah in accordance with the text of the Holy Quran (Surat Al-Maida, Ayah 33);

 

Noting that the crimes of hijacking aircraft have continued in spite of all international agreements and conventions prohibiting them and calling for more severe sanctions against hijacking;

 

Affirming that acts of violence against innocent passengers in addition to the dread, terror, and suffering caused to them and to their relatives and their exposure to unjustified physical and mental torture are contrary to the provisions of Islamic Shariah;

 

Conscious of the need for full observance of the international conventions against hijacking;

 

Having considered the report of the Secretary-General on the strengthening of Islamic solidarity in combating hijacking;

 

1.         Condemns all forms of international terrorism including the crime of hijacking and unlawful acts against the safety and security of civil aviation.

 

2.         Calls on Member States to refrain from yielding to the demands of hijackers, which constitute a form of extortion contrary to the interests and laws of the peoples and countries of the OIC.

 

3.         Calls upon Member States to take all necessary measures to curb such crimes and inflict the most severe punishments on their perpetrators, or to hand them over to the other States concerned.

 

 

4.         Calls upon Member States which have not yet acceded to or ratified, the Tokyo Convention (1963), the Hague Convention (1970), and the Montreal Convention (1971) on penalties for hijacking and guarantees for the security and safety of civil aviation, to expedite such ratification and accession and urges the States that have already acceded to these Conventions to strictly and firmly implement their provisions.

 

5.         Calls upon all Member States on whose territories hijacked planes land to exert utmost efforts to foil the designs of the hijackers in keeping with international laws in this regard, and in cooperation with the country owning the aircraft in accordance with the relevant international agreements.

 

6.         Requests the Member States facing such situations to provide the necessary assistance to the passengers, crewmembers, aircraft, and countries owning them in accordance with the provisions of international agreements.

 

7.         Requests also the Secretary-General to follow up the implementation of this resolution and report thereon to the Eleventh Session of the Islamic Summit Conference.