4936th Meeting (AM)
SECURITY COUNCIL RESTRUCTURES COUNTER-TERRORISM COMMITTEE, TO STRENGHTEN
IMPLEMENTATION OF 2001 ANTI-TERRORISM RESOLUTION
Resolution 1535 (2004) Adopted Unanimously
Stressing the importance of enhancing the monitoring of the implementation of resolution 1373 (2001), which seeks to prevent and suppress terrorism, the Security Council today restructured the Counter-Terrorism Committee established by that resolution.
Through the unanimous adoption of resolution 1535 (2004), the Council decided that the revitalized Counter-Terrorism Committee would consist of the Plenary –- composed of the Security Council’s member States – and the Bureau, assisted by the Counter-Terrorism Committee Executive Directorate (CTED). The Executive Directorate was established as a special political mission for an initial period ending 31 December 2007, subject to a comprehensive review by the Council by the end of 2005, and will be headed by an Executive Director to be appointed within 45 days.
It further decided that the CTED would be responsible for the following tasks, among others: supporting and advising the plenary and the chairperson; ensuring the comprehensive follow-up of all of the Committee’s decisions; facilitating the provision of assistance to States in order to further their implementation of 1373; and supervising the collection of all relevant information in following up implementation.
The Executive Director of the CTED, in consultation with the Secretary-General, was asked, within 30 days of taking office, to submit to the Committee’s Plenary for its endorsement an organizational plan for the CTED, recognizing in particular the need for an effective, cooperative management structure for the new body, and staffing it with suitably qualified and experienced personnel.
The Committee Chairman was asked to present the organizational plan to the Security Council for its endorsement. The Council further requested the Secretary-General to take the appropriate steps to implement it on an expedited basis, including, at the appropriate time, seeking General Assembly approval.
The meeting began at 10:20 a.m. and was adjourned at 10:21 a.m.
When the Council met, it had before it a letter from the Chairman of the Counter-Terrorism Committee attaching the report of that Committee on its revitalization (document S/2004/124).
As the report notes, on 14 November 2003, the Chairman presented a report to the Council (document S/2004/70), which described the main problems encountered and the challenges to be met for the proper and full compliance with resolution 1373 (2001) by States, the effective operation of the Committee itself and the strengthening of the Security Council with respect to implementation of resolution 1373. In a section entitled “Rationale of the Need for the Revitalization of the CTC”, the report says that the legal framework of resolutions must be maintained and reinforced. Moreover, the role played by the Council, through the Committee, in the fight against terrorism, must also be maintained and reinforced. The measures proposed in the report must be understood as a way to consolidate what has already been achieved and to intensify the Committee’s and the Council’s work in this field.
The report finds that the revitalization of the Committee is necessary to strengthen the fight against terrorism within the United Nations by giving the Committee further means to fulfil its mandate of monitoring implementation of resolution 1373. As the November report had shown, the present procedures and structures of the Committee should be reconsidered, particularly because that body has evolved to assume a more proactive role in the dialogue with Member States in the following ways: evaluating implementation of resolution 1373; facilitating technical assistance to Member States; and in promoting closer cooperation and coordination with international, regional and subregional organizations. Indeed, those challenges make it “imperative” to revitalize the Counter-Terrorism Committee.
The report states that the Committee must, among other things, set a clear direction for its future work, and strengthen its efforts to promote and monitor implementation of all aspects of resolution 1373 by enhancing dialogue on the basis of its guiding principles of cooperation, transparency and even-handedness. The present report also details the proposal for the Committee’s new structure. It concludes that, with the approval of the Committee’s Member States, a draft resolution of the Security Council reflecting the main ideas of the report will be presented, although the text would not modify resolution 1373 or other existing relevant resolutions.
According to the report’s conclusions, the proposed draft would consolidate the group of experts and the support staff from the Secretariat, in order to enhance the Council’s ability to monitor and encourage implementation through a strengthened Counter-Terrorism Committee. It would also provide for the distribution of functions within a new structure and establish limits to the number of personnel allocated to the Committee. It will also provide for a comprehensive Security Council review by 31 December 2005 and include a sunset clause set for 31 December 2007.
The draft should also include a request to the Secretary-General, within 30 days of its adoption, to appoint the Executive Director, subject to the Council’s approval. Also, the Council should asked the Executive Director to prepare and present, through the Secretary-General, to the Committee’s plenary, no later than two months after his or her appointment, an action plan for the revitalization of the Committee following the guidelines of the present report, including all budgetary, institutional, administrative and other aspects, with concrete measures and procedures to be taken.
The full text of resolution 1535 (2004) reads as follows:
“The Security Council,
“Reaffirming its resolution 1373 (2001) of 28 September 2001, adopted under Chapter VII of the Charter of the United Nations, and the Ministerial Declarations annexed respectively to resolution 1377 (2001) of 12 November 2001 and to resolution 1456 (2003) of 20 January 2003, as well as its other resolutions concerning threats to international peace and security caused by terrorism,
“Reaffirming further that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security,
“Reaffirming its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations,
“Reminding States that they must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law,
“Reaffirming its call upon States to become a party, as a matter of urgency, to all relevant international conventions and protocols relating to terrorism, and to support all international initiatives taken to that aim, and to make full use of the sources of assistance and guidance which are now available,
“Commending Member States for their cooperation with the Counter-Terrorism Committee and calling upon all of them to continue to cooperate fully with the Committee,
“Commending the progress made so far by the Counter-Terrorism Committee established by the Security Council under paragraph 6 of resolution 1373 (2001) acting under Chapter VII of the Charter in discharging its important responsibility to monitor the implementation of that resolution,
“Stressing the important role that international, regional and subregional organizations play in the fight against terrorism, urging them to intensify their assistance to Member States with respect to the implementation of resolution 1373 (2001), and commending the Committee’s coordination of counter-terrorism efforts with such organizations,
“Recognizing that many States continue to require assistance in implementing resolution 1373 (2001), and urging States and organizations to inform the Committee of areas in which they are able to offer assistance,
“Recognizing also the need for the Committee, where appropriate, to visit States, with the consent of the State concerned, and to engage in a detailed discussion to monitor the implementation of resolution 1373 (2001),
“Recognizing that such visits should be conducted, when appropriate, in close cooperation with relevant international, regional and subregional organizations and other United Nations bodies, including the United Nations Office on Drugs and Crime, in particular with its Terrorism Prevention Branch, taking special care of the assistance that might be available to address States’ needs,
“Stressing the importance of enhancing the monitoring of the implementation of resolution 1373 (2001),
“Having considered the report of the Chairman of the Committee (S/2004/70) on the problems encountered both by Member States and the Committee itself in the implementation of resolution 1373 (2001),
“Stressing the importance of addressing these difficulties so as to enable the Committee to monitor effectively the implementation of resolution 1373 (2001) and to enhance the capacity-building work in which it is engaged,
“Bearing in mind the special nature of resolution 1373 (2001), the continuing threats to peace and security caused by terrorism, the important role the United Nations and the Security Council must continue to play in the global fight against terrorism, the need to reinforce the Committee as the Security Council subsidiary body responsible in this area, and without setting a precedent for other bodies of the Security Council,
“1. Endorses the report of the Committee on its revitalization (S/2004/124);
“2. Decides that the revitalized Committee will consist of the Plenary —- composed of the Security Council member States -— and the Bureau, the latter composed of the Chair and the Vice-Chairs, assisted by the Counter-Terrorism Committee Executive Directorate (hereinafter “CTED”) to be established as a special political mission, under the policy guidance of the Plenary, for an initial period ending 31 December 2007 and subject to a comprehensive review by the Security Council by 31 December 2005, so as to enhance the Committee’s ability to monitor the implementation of resolution 1373 (2001) and effectively continue the capacity-building work in which it is engaged;
“3. Decides further that the CTED, headed by an Executive Director, will be responsible for the tasks stated in the report of the Committee (S/2004/124) and requests the Secretary-General, within 45 days of the adoption of this resolution, to appoint, after consultation with and subject to the approval of the Council, an Executive Director of the CTED who will take up office as soon as possible;
“4. Requests the Executive Director of the CTED, within 30 days of taking office, in consultation with and through the Secretary-General, to submit to the Plenary, for its endorsement, an organizational plan for the CTED, consistent with the Committee’s report (S/2004/124) and United Nations rules and regulations, including its structure, staffing requirements, budget needs, management guidelines, recruitment procedures, recognizing in particular the need for an effective, cooperative management structure for the new body, and staffing with suitably qualified and experienced personnel, who would be international civil servants subject to Article 100 of the Charter, securing the highest standards of efficiency, competence and integrity and paying due regard to the importance of recruiting the staff on as wide a geographical basis as possible;
“5. Requests the Chairman of the Committee to present such an organizational plan to the Security Council for its endorsement, and further requests the Secretary-General to take the appropriate steps to implement it on an expedited basis, including, at the appropriate time, seeking the General Assembly’s approval;
“6. Decides that the Committee will continue to report to the Council on a regular basis;
“7. Stresses the importance of ensuring that the Committee continues to operate effectively during the consolidation of the Committee’s support structure into the CTED, and in this regard, decides that the Committee will continue to operate with its present support structure until the Committee, in consultation with the Secretary-General, determines that the CTED is operational;
“8. Decides to remain actively seized of the matter.”
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