SECURITY COUNCIL REAFFIRMS TERRORISM ONE OF MOST SERIOUS THREATS TO PEACE, ‘CRIMINAL AND UNJUSTIFIABLE’, REGARDLESS OF MOTIVATION
SECURITY COUNCIL REAFFIRMS TERRORISM ONE OF MOST SERIOUS THREATS TO PEACE, ‘CRIMINAL AND UNJUSTIFIABLE’, REGARDLESS OF MOTIVATION
5229th Meeting (AM & PM)
SECURITY COUNCIL REAFFIRMS TERRORISM ONE OF MOST SERIOUS THREATS TO PEACE,
‘CRIMINAL AND UNJUSTIFIABLE’, REGARDLESS OF MOTIVATION
Presidential Statement Follows Briefings by Chairs of Anti-Terrorism
Committees Created by Resolutions 1267 (1999), 1373 (2001), 1540 (2004)
The Security Council today reaffirmed that terrorism in all its forms and manifestations constituted one of the most serious threats to peace and security, and that any acts of terrorism were criminal and unjustifiable, regardless of their motivations, whenever and by whomsoever committed, after being briefed by the chairmen of its three “anti-terrorism” committees.
The three committees are: the Committee established pursuant to resolution 1373 (2001) -- the “Counter-Terrorism Committee”; the Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and Taliban sanctions; and the Committee established pursuant to resolution 1540 (2004) to combat the proliferation of weapons of mass destruction.
In a statement read by Council President Adamantios Vassilakis (Greece), the Council reiterated its condemnation of the Al-Qaida network and other terrorist groups for ongoing and multiple criminal terrorist acts, and reaffirmed that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constituted a threat to international peace and security. It recalled its grave concern about the risk posed by non-State actors that attempted to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical and biological weapons and their means of delivery.
The Council reiterated its call on all Member States to become parties to all 12 international conventions against terrorism and drew attention to the treaty event being held in New York in September. It encouraged Member States to take that opportunity to sign the Convention for the Suppression of Acts of Nuclear Terrorism. It further called on Member States to cooperate on an expedited basis to resolve all outstanding issues with a view to adopting the draft comprehensive convention on international terrorism.
The Council further urged all States to cooperate in bringing to justice the perpetrators, organizers and sponsors of acts of terrorism, as recent events had stressed the urgency and necessity of redoubling efforts to combat terrorism. It strongly encouraged Member States, as well as the respective committees, to redouble their efforts to seek ways to further strengthen the implementation of resolutions 1267 (1999), 1373 (2001) and 1540 (2004). It also reaffirmed its call for enhanced cooperation among the three committees in monitoring States’ implementation of the provisions of the relevant resolutions, including through enhanced information-sharing and coordinated response to late submission of States’ reports.
The Council also encouraged the three committees, as well as relevant organizations, to enhance cooperation with a view to identifying, promoting, and developing, as appropriate, best practices to provide clarity and guidance to States on implementation of the provisions of the relevant resolutions.
Briefing the Council, Ellen Margrethe Løj (Denmark), Chairman of the Counter-Terrorism Committee (CTC), said the Committee remained a crucial instrument of the international community in its fight against terrorism based on dialogue with and assistance to States. The support of Member States remained of crucial importance. During the first three months of her chairmanship, the CTC had focused on dialogue with States, strengthening its methodology for identification of States’ needs for technical assistance, and ensuring transparency. It had conducted visits to Kenya, Albania and Thailand, which had provided the Committee with a more thorough understanding of the situation in those countries.
She said that, as of 30 June, the Committee had received 601 reports, and 67 States were behind in their reporting. The problem of reporting pertained mostly to lack of capacity, as well as to “reporting fatigue”. The Committee would continue discussions with the other two committees on how reporting issues could be best addressed in a coordinated manner. The Committee encouraged States that might benefit from assistance to request such assistance and encouraged potential donors to continue to update the Committee on assistance offers and assistance provided.
César Mayoral (Argentina), Chairman of the 1267 Committee, told the Council that the world was faced with a threat from Al-Qaida that was radically different from the threat posed when the sanctions regime had first been imposed. It was believed that Al-Qaida terrorism now comprised three distinct groups: the old leadership; the fighters who had attended camps in Afghanistan; and a new and growing generation of supporters. The Committee was increasing its focus on the third group, and he encouraged the Council to make clear to Member States that the term “associated with” must also cover such groups to ensure that the sanctions regime adapted to new threats. The Council was currently considering a new resolution to further enhance the sanctions measures.
One recommendation of the Committee’s Monitoring Team was to increase cooperation between the Committee and Interpol, he said. As a direct result of that recommendation, he had sought the Secretary-General’s assistance in formulating a supplementary agreement to the existing cooperation agreement with Interpol to allow for much broader and deeper cooperation. Many Member States had argued that the Committee should continue to further improve both listing and delisting procedures. It had become clear that more was expected from the Committee in terms of the quality of identifying information. He would encourage Member States to provide additional information regarding individuals already on the list, as they would certainly improve the sanctions measures.
Also briefing the Council, the Chairman of the 1540 Committee, Mihnea Ioan Motoc (Romania), said the Committee had entered the substantive stage of its work and had begun examining national reports, with a view to monitoring States implementation of resolution 1540. He was confident that the goal of completing the examination of first-round country reports could be attained by October 2005. By April 2006, the Committee would have to provide sufficient information to enable the Council to assess the progress States had made in implementing the resolution. As of today, 118 States had submitted reports to the Committee, and 74 Member States had yet to report.
The Committee was also considering the possibility of reaching out to Member States through international and regional organizations, he said. It would continue to develop its work in the area of providing assistance, including the possibility of acting as a clearing house on the issue. Full implementation of resolution 1540 by all States was a long-term objective that went beyond the Committee’s current mandate and would require continuous efforts at national, regional and international levels on capacity-building and assistance, as well as monitoring and measuring progress made by States in implementing the resolution.
During the ensuing debate, during which speakers offered condolences to the families of the victims of the 7 July terrorist attack in London, statements were made by representatives of Benin, Romania, China, United Kingdom (on behalf of the European Union), Japan, Brazil, Denmark, United Republic of Tanzania, United States, Algeria, France, Argentina, Philippines, Russian Federation and Greece.
The representatives of Syria, Israel, Peru, Cuba, Liechtenstein, Switzerland, Venezuela, India, Australia, New Zealand and Pakistan also addressed the Council.
The meeting started at 11:40 a.m. and was suspended at 1:15 p.m. It reconvened at 3:10 p.m. and was adjourned at 4:45 p.m.
The full text of presidential statement S/PRST/2005/34 reads, as follows:
“The Security Council reaffirms that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable, regardless of their motivations, whenever and by whomsoever committed. The Security Council reiterates its condemnation of the Al-Qaida network and other terrorist groups for ongoing and multiple criminal terrorist acts, aimed at causing death, destruction of property and undermining stability. The Security Council also reaffirms that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security and recalls its grave concern about the risk posed by non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical and biological weapons and their means of delivery.
“The Security Council reiterates its call on all Member States to become parties to all 12 international conventions against terrorism, and in this context drew attention to the treaty event being held in New York in September, and encourages Member States to take that opportunity also to sign the Convention for the Suppression of Acts of Nuclear Terrorism. The Security Council calls on Member States to cooperate on an expedited basis to resolve all outstanding issues with a view to adopting the draft comprehensive convention on international terrorism.
“The Security Council urges all States to cooperate to bring to justice, in accordance with the principle of extradite or prosecute, the perpetrators, organizers and sponsors of acts of terrorism. Recent events, as condemned by the Security Council in resolution 1611 (2005) and S/PRST/2005/29, stress the urgency and necessity of redoubling efforts to combat terrorism.
“The Security Council welcomes the briefings by the Chairmen of the Al Qaida/Taliban Sanctions Committee established pursuant to resolution 1267 (1999), the Counter-Terrorism Committee established pursuant to resolution 1373 (2001) and the Committee established pursuant to resolution 1540 (2004) on the work of the three Committees. The Security Council reaffirms the importance and the urgency it attaches to the implementation of the provisions of the resolutions relevant to the three Committees, as well as the fulfilment of the mandates of the three Committees. The Security Council, therefore, strongly encourages Member States, as well as the respective Committees, to redouble their efforts to seek ways to further strengthen the implementation of resolutions 1267 (1999), 1373 (2001) and 1540 (2004), in accordance with the provisions of these and other relevant resolutions.
“The Security Council reaffirms its call for enhanced cooperation among the three Committees, as well as their respective group of experts, in monitoring States’ implementation of the provisions of the relevant Security Council resolutions, with due respect for their different mandates, including through enhanced information-sharing, coordinated response to late submission of States’ reports to the three Committees, and other issues of relevance to all the three Committees. The Security Council also invites the three Committees to continue cooperation with the working group established pursuant to resolution 1566 (2004).
“The Security Council urges Member States to redouble their efforts to implement the provisions of the resolutions relevant to the three Committees. While reaffirming that the responsibility for implementing the provisions of these resolutions rests with the States, the Security Council encourages States to seek the necessary assistance to ensure that the necessary capacity to implement the resolutions is available.
“The Security Council reiterates that relevant international, regional and subregional organizations can play a crucial role in supporting the goals of these resolutions, raising awareness of their importance, and helping their members implement them. The Security Council encourages such organizations, as or when proposed by the relevant Committee, where appropriate, to provide the necessary technical assistance. Moreover, the Security Council encourages its Counter-Terrorism Committee, Al-Qaida/Taliban Sanctions Committee, and, when appropriate, its 1540 Committee, as well as relevant organizations, to enhance cooperation with a view to identifying, promoting, and developing, as appropriate, best practices to provide clarity and guidance to States on implementation of the provisions of the relevant resolutions.
“The Security Council encourages Member States in a position to do so to make technical assistance available on a priority basis.
“The Security Council invites the three Committees to continue reporting on their activities at regular intervals and, where appropriate, in a coordinated manner.”
The Security Council met today to hear briefings by the chairs of its three “anti-terrorism” Committees: the Committee established pursuant to resolution 1373 (2001) -- the “Counter-Terrorism Committee”; the Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and Taliban sanctions; and the Committee established pursuant to resolution 1540 (2004) to combat the proliferation of weapons of mass destruction.
The Counter-Terrorism Committee (CTC) was established by resolution 1373, adopted on 28 September 2001 in the wake of the terrorist attacks on 11 September. It monitors the implementation of resolution 1373 and tries to increase the capability of States to fight terrorism. Resolution 1535 (2004) established the Counter-Terrorism Committee Executive Directorate (CTED) to enhance the Committee's ability to monitor the implementation of resolution 1373 and effectively continue the capacity-building work in which it is engaged. The CTC reports to the Security Council and submits a work programme every 90 days.
According to the CTC’s work programme for its sixteenth 90-day period, from 1 July to 30 September (document S/2005/421), the Committee will continue close cooperation with the CTED’s Executive Director Javier Rupérez in order to make the Directorate fully operational in the shortest possible time. The CTC will focus on the review of at least 20 reports received from Member States. [According to resolution 1373, Member States must submit periodic reports to the CTC on implementation of the resolution’s provisions.] By 30 June, the CTC had received 601 reports, which includes 191 first-time reports and 14 from States submitting reports for the fifth time. However, 71 States have missed the deadline for submission of their respective reports.
The CTC further intends to include a preliminary assessment of possible needs for technical assistance when the Committee reviews reports and to seek ways to strengthen its dialogue with potential donors and assistance providers, as well as to strengthen the Committee’s role as facilitator of technical assistance. It will also continue to improve cooperation with international, regional and subregional organizations and encourage them to seek further ways to help members implement resolution 1373.
The CTC will continue to develop a set of best practices to assist States in implementing the resolution, including in relation to the financing of terrorism. It will also continue to visit Member States, with the consent of the State concerned, and continue to ensure transparency in its work, including through meetings with the membership, use of the Committee website (www.un.org/Docs/sc/committees/1373/), and by developing a proactive communications policy. Finally, the CTC will continue to explore ways to enhance cooperation and coordination between the subsidiary bodies of the Council related to counter-terrorism, as well as their respective groups of experts.
The last time the CTC’s Chair, Ellen Margrethe Løj (Denmark), addressed the Council was on 25 April (see Press Release SC/8366).
Al-Qaida and Taliban Sanctions Committee
The Al-Qaida/Taliban Sanctions Committee was established by resolution 1267 (1999) to monitor implementation by States of sanctions against Al-Qaida and the Taliban and their associates. Those sanctions consist of a freeze of assets, a travel ban and an arms embargo. The Committee established a consolidated list of members and associates, which as of 28 June contained 442 names and entities, with 144 associated with the Taliban and 298 with Al-Qaida (see press briefing of
28 June). The Committee is supported by a monitoring group of eight experts. As mandated in resolution 1526 (2004), the Council must adopt a new resolution by July, in order to further improve implementation of the Al-Qaida/Taliban sanctions regime. The Committee’s Chair, César Mayoral (Argentina), also addressed the Council on 25 April.
The ‘1540’ Committee
The “1540” Committee was established for two years on 28 April 2004 by resolution 1540, which addressed the possible acquisition of mass destruction weapons by non-State actors, in particular terrorists. The Council decided that all States should refrain from supporting any means attempted by non-State actors to acquire, use or transfer nuclear, chemical or biological weapons and their delivery systems. States must establish domestic controls to prevent the proliferation of such weapons and delivery means, and report to the Committee, no later than six months from the resolution’s adoption. Mihnea Ioan Motoc (Romania), the Committee’s Chair, also addressed the Council on 25 April.
Briefings by Committee Chairmen
ELLEN MARGRETHE LØJ (Denmark), Chairman of the Counter-Terrorism Committee, said that during the first three months of her chairmanship the CTC had focused on dialogue with States on implementation of resolution 1373. It had strengthened its methodology for identification of States’ needs for technical assistance. It had furthermore embarked on a discussion on ensuring clarity and transparency through the development of best practices. The fact that the Executive Directorate was not fully staffed had continued to have an impact on the Committee’s capacity to deliver an ambitious work programme. She expected the Directorate to be at full capacity before the end of the upcoming 90-day period.
She said the CTC, through its Counter-Terrorism Committee Executive Directorate (CTED), had conducted three visits to States, with their consent: Kenya, Albania and Thailand. The visits had provided the Committee with a more thorough understanding of the situation in those countries, as well as further insight into what difficulties States might face while seeking to ensure full implementation. Proper follow-up to those visits was important, and the CTC was committed to ensuring that technical assistance needs identified during the visits were met. The visits were an essential addition to its dialogue with States about implementation of the provisions of resolution 1373 (2001).
Dialogues with States had also been intensified on issues such as late submission of reports and needs for technical assistance, she said. Through its CTED, the Committee continued to provide general guidance on implementation. As of 30 June, the Committee had received 601 reports. Sixty-seven States were behind in their reporting. The Committee had made special efforts to discuss issues related to reporting with representatives of States late in submitting their reports. The problem of reporting, to a great extent, pertained to lack of capacity, as well as “reporting fatigue”. She strongly encouraged States to report to the CTC, since it was of the utmost importance that there was regular contact between the Committee and States. The Committee would continue discussions with the other two Committees on how reporting issues could be best addressed in a coordinated manner.
In order to ensure a comprehensive approach to each State’s implementation of the resolution and identification of needs for technical assistance, the Committee had decided to take further steps to identify needs for assistance in the process of evaluating States’ reports. States might receive a letter from the Committee that would include advice on how to further implement the provisions and Committee’s suggestions regarding areas in which technical assistance might be sought. The Committee encouraged States that might benefit from assistance to request such assistance and encouraged potential donors to continue to update the Committee on assistance offers and assistance provided.
Addressing the sixteenth work programme, she said the Committee was looking forward to a fully staffed and operational CTED. During the next three months, a key task was to ensure adjustment and training of new staff. An operational CTED would allow the Committee to catch up with the backlog of reports. The CTC remained a crucial instrument of the international community in its fight against terrorism based on dialogue with and assistance to States. Its task remained vital and urgent. The support of Member States remained of crucial importance.
CESAR MAYORAL (Argentina), Chairman of the 1267 Committee, said it seemed that, sadly, when he briefed the Council, he had to start by mourning the losses caused by new heinous acts of terrorism. The current meeting was no exception. The attacks on London on 7 July had brought new evidence of the threat to peace and security caused by terrorist acts.
He said the world was no doubt faced with a threat from Al-Qaida that was radically different from the threat posed when the sanctions regime had first been imposed. It was believed that Al-Qaida terrorism now comprised three distinct but interlinked groups, namely, the old leadership whose names were well known, the fighters who had attended the camps in Afghanistan and had graduated as experienced terrorists, and a new a growing generation of supporters who might never have left their countries of residence but had embraced the core elements of the Al-Qaida message. The Committee was increasing its focus on the third group, and he encouraged the Council to make clear to Member States that the term “associate with” must cover such groups also to ensure that the sanctions regime adapted to new threats. The Council was currently considering a new resolution to further enhance the sanctions measures, providing the Council with an opportunity to strengthen a number of elements.
Concerning the Committee’s activities, he said that body had met 10 times since he had last briefed the Council. Half of the meetings had been formal. In the reporting period, he had conducted his first visit to selected States. He had had very informative meetings in Germany, Turkey, and Syria and with European Union institutions in Brussels. The Monitoring Team had continued to provide essential support to the Committee’s work. The Team’s third report was now in translation and should be available early next month. He believed it was a report that would be of great use to the general membership, as it provided a number of useful clarifications. The Team had also assisted the Committee in preparing its assessment on implementation measures, which would be submitted to the Council. Members of the Team had recently travelled, among other places, to the Sudan and Afghanistan to discuss implementation of sanctions there. The Team had also continued to coordinate its work with other relevant bodies, including the CTED.
One of the important recommendations in the Team’s second report was to increase cooperation between the Committee and Interpol, he added. As a direct result of that recommendation, he had sought the Secretary-General’s assistance in formulating a supplementary agreement to the existing cooperation agreement with Interpol to allow for much broader and deeper cooperation. It was his understanding that the Secretariat and Interpol were now working on the development of such an agreement, which would be a very positive step forward.
Regarding future activities, he said he strongly believed that the new resolution would provide the Committee with a new impetus to deal with some of the most pressing issues on the Committee’s agenda. There were many issues that the Committee would have to deal with in the next six months, including a new visit from the Chairman to selected Member States, the analysis of the third report of the Monitoring Team, and the updating of the Committee’s guidelines. There were two elements where MemberStates and the Committee must strive for further improvement. It had become clear that some Member States had encountered some difficulties or needed assistance in the implementation of the sanctions measures, in particular with regard to the assets freeze. In some Member States reports, there was still a need to present judicial authority sufficient evidence as a condition for the freezing of assets. Such a system was not in conformity with Member States obligations under Chapter VII of the Charter, and he urged States to ensure that assets could be frozen as soon as the Committee added an individual or an entity to the Committee’s list.
Many Member States, he continued, had argued that the Committee should continue to further improve both listing and delisting procedures. The Committee would continue to address such concerns. It had become clear that more was expected from the Committee in terms of the quality of identifying information. He would encourage Member States to provide additional information regarding individuals already on the list, as they would certainly improve the sanctions measures. The Committee had, in recent months, also received a number of submissions for including individuals and entities on its list. That was a positive development. The Committee was still considering some of the submissions and would, again, strongly urge Member States to submit further names and ensure that relevant and specific information that could facilitate their identification was submitted.
Concluding, he noted that there was, sadly, every chance that Al-Qaida would continue to menace the world for a time to come. The international community must stand strong against the threat and maintain a system that put pressure on Al-Qaida, by creating a hostile environment through the global and effective implementation of sanctions. He expected that the forthcoming resolution would provide the Committee with a strong mandate to pursue the goals, while, at the same time, ensuring that due process concerns were addressed in an appropriate manner.
The Chairman of the 1540 Committee, MIHNEA IOAN MOTOC (Romania), briefed the Council on the Committee’s work since 26 April 2005 and introduced its second programme of work for the period 1 July to 30 September 2005. On examination of reports, he said the Committee had entered the substantive stage of its work and had begun examining national reports, with a view to monitoring States implementation of resolution 1540. The Committee had already examined more than 50 national reports. All information contained in the first national reports had been summarized in the form of a matrix that reflected provisions of the resolution. Additional information identified by the Committee in the official public data provided by States to the United Nations, the International Atomic Energy Agency (IAEA) and the Organization for the Prohibition of Chemical Weapons (OPCW) on steps they had taken in the areas covered by the resolution had also been included in the matrix.
On the basis of the examination, the Committee was reaching out to reporting States with a view to soliciting information or seeking clarification in areas covered by their first reports, he said. The letters requesting additional information and/or clarification had been addressed to missions in New York. In the spirit of transparency, the Committee had decided to share the matrix with reporting States. The Committee was determined to pursue the examination of first national reports in an accelerated manner. The Committee was now supported by a group of eight experts. He was confident that the goal of completing the examination of first-round country reports could be attained by October 2005. Based on additional information that he hoped States would provide, the Committee would continue to monitor and facilitate States’ efforts to implement resolution 1540.
On reporting, he noted that by April 2006 the Committee would have to provide sufficient information to enable the Council to assess the progress States had made in implementing the resolution. The Committee could properly fulfil its mandate if all States reported to the Committee. Without information, the Committee would not be able to present to the Council a comprehensive picture regarding measures put in place or planned by all States to implement the resolution’s provisions. As of today, 118 States had submitted reports to the Committee. The majority of Member States had presented information about their domestic non-proliferation provisions, including on their contributions to international cooperation in the field. However, 74 Member States had yet to report, and he called on those who had not yet done so to submit reports without delay.
While some States might encounter administrative difficulties in reporting, he said the Committee would be grateful if they could inform the Committee, which would assist them in order to comply with the reporting requirements. Other States might consider that they had nothing to report, as they neither possessed weapons of mass destruction nor the capacity to develop such weapons. There were, however, other ways in which non-State actors might seek to exploit their territory, using it to ship goods across in transit, or for financing of illegal activity. Recent events had shown that nobody was shielded from those threats. States should be aware that, unless they met their obligations in full, their territories could be exploited in the worst possible way. Implementing fully the provisions of 1540 in many States would be a long-term project, but the Committee was fully committed to supporting that work, which had to start now. A full report to the Committee could kick-start the process of assistance.
The Committee was also considering the possibility of reaching out to Member States through international and regional organizations, he said. Regional seminars and workshops aimed at raising awareness of the problem were also envisaged. He was encouraged that the issue of improving reporting performance and late submissions would be considered in a coordinated manner by the Committee.
Regarding assistance, he said the Committee had already identified both needs and offers of assistance. Many countries were already helping with expertise and advice to Member States lacking knowledge, experience or resources to implement the resolution. Offers of assistance contained in the first report had been summarized and presented to all States. The Committee would continue to develop its work in the area, including the possibility of acting as a clearing house on the issue of assistance. As an additional measure, the Committee had appointed a coordinator among the experts who would manage assistance-related issues, with the support of the Department for Disarmament Affairs. Full implementation of resolution 1540 by all States was a long-term objective that went beyond the Committee’s current mandate and would require continuous efforts at national, regional and international levels on capacity-building and assistance, as well as monitoring and measuring progress made by States in implementing the resolution.
Concerning interaction with international organizations, he noted that the Committee had continued its interaction with the IAEA and the OPCW on ways those organizations could support the Committee’s work. As the examination process of national reports continued, the Committee would interact and cooperate with relevant international, regional and subregional organizations to facilitate the resolution’s implementation. Working relationships with the organizations were being developed, as appropriate. In the same vein, the 1540 Committee would maintain close cooperation with the CTC and the Al Qaida/Taliban Sanctions Committee.
Concluding, he said transparency would remain a hallmark of the 1540 Committee’s work. The Committee would keep updating its dedicated website, as an additional source of information on issues related to resolution 1540. A separate entry on assistance would be added to the website. The Committee would also continue its practice of informing organizations outside the United Nations about its work through attendance at international, regional and subregional meetings. He reiterated his call to Member States to designate points of contact for resolution 1540, both in New York and in their capitals, and make direct contact with the Committee’s members and its experts on matters related to resolution 1540.
ANATOLE BERTIN BABADOUDOU (Benin) said the fight against terrorism required the involvement of all States. The three Committees provided a framework for action and cooperation that would enable States to strengthen the appropriate legal framework for implementation of relevant resolutions. As for the proliferation of weapons of mass destruction, he said it was urgent, among other things, to establish strict controls on dual-use chemical components.
He encouraged the 1540 Committee to undertake an outreach effort in order to raise awareness among all States, particularly in those States that thought they would not be affected by the phenomenon. The 1267 Committee needed to find clear rules and principles for managing the Consolidated List, he said. The United Nations machinery to fight terrorism needed to help States to build capacity to fulfil their obligations. In that regard, he supported the constructive dialogue with Member States to identify needs for technical assistance. The important State visits would enhance dialogue on the ground.
He encouraged enhanced cooperation between the committees and advocated universal accession to the international conventions and protocols relating to terrorism. The issue of how to streamline reporting procedures should also be addressed. States should be able to draft a consolidated report to the Council. Furthermore, the international community needed to deal with such issues as racial inequalities, underdevelopment and conflict as they contributed to violence and extremism. Terrorism must be denied its breeding ground.
Mr. MOTOC (Romania), speaking in his national capacity and associating himself with the statement on behalf of the European Union, said the three committees and their chairmen reached out more and more to each other, as warranted by resolution 1566. Recent events proved that terrorism was alive and no one was shielded form its “ugly spectre”. More than ever, it must now be ensured that it was denied access to weapons of mass destruction or related materials. The fact that terrorists seemed to interact increasingly among themselves was a solid reason to join forces and pool resources of the supporters of freedom and safety.
He said every MemberState should be supported in developing at least minimal defences and proper response capabilities. Many States would require technical assistance for capacity-building in that area. The Council must improve its capacity to facilitate such assistance and develop its own toolbox in that field. His country was in favour of a renewed political guidance to address the scourge of terrorism, to be given at the upcoming high-level meetings in September. He welcomed recent proposals from Norway aimed at providing more substantial content to the relevant paragraphs of the draft outcome document.
Anti-terrorism efforts had to be a comprehensive, system-wide undertaking of the United Nations as a whole, and could not be sustained only by action taken at the Council level. The recent Secretary-General’s measures to set up a counter-terrorism interdepartmental task force within the Secretariat set a good example on how to foster synergy and coordination. National and global anti-terrorism preparedness could not dispense of actions at regional and subregional levels. It was necessary to ensure that the three committees’ work was guided towards a coherent effort of the Council. Establishment of a unified database would help the committees accomplish their monitoring mandates. Transparency had to remain a hallmark of their work.
CHENG JINGYE (China) strongly condemned the terrorist attacks in London and offered condolences to the victims and their families. The incident showed that the fight against international terrorism had a long way to go. The 1267 Committee, the CTC and the 1540 Committee all played an important and unique role in the global fight against terrorism. It was necessary to encourage them to strengthen cooperation and share information. The respective monitoring groups of the three committees should focus on their different mandates and strengthen horizontal exchanges so as to avoid duplication. In reviewing country reports, they should coordinate their actions and learn from their experiences. The three committees should also strengthen cooperation with relevant international and regional organizations, as well as with United Nations institutions, to facilitate cooperation in the fight against terrorism.
China attached great importance to the work of the 1267 Committee, he said. It was important that consultations on, and the adoption of, a new resolution would consolidate consensus on the issue, so as to encourage more Member States to submit names for the list. He also welcomed the CTED’s pending full operation. China would continue to participate in the CTC’s discussions in formulating best practices on anti-terrorist financing, so as to assist members in implementing relevant resolutions. Noting that the work of the 1540 Committee was proceeding smoothly, he said that body’s priority in its next phase of work should be the earnest consideration of country reports and urged countries that had not submitted reports to do so as soon as possible. China would work with all countries to strengthen anti-terrorism cooperation and would continue to participate in the work of the three committees and with all parties to facilitate the complete implementation of Council resolutions.
EMYR JONES PARRY (United Kingdom), speaking also on behalf of the European Union and associated States, said each time the Council was briefed on the matter, members said the scourge of terrorism still existed. That was not a platitude, but a grim reality. Recent events in the United Kingdom, Turkey and across the Middle East were a tragic reminder of the ongoing security challenges being faced across the word. Those events must serve to strengthen the international community’s resolve and intensify its counter-terrorism efforts.
While substantial progress had been made in recent years, those efforts must be redoubled, he said. The United Nations role in the process was vital. He welcomed the Council’s ongoing efforts to move forward on its counter-terrorism agenda. In the context of the upcoming September Summit, the Union attached great importance to strong language in the outcome document condemning terrorism. For its part, the Union was actively looking at its own counter-terrorism framework to establish if and where additional measures were necessary. The Union intended to complete that review by December 2005 and remained fully committed to the implementation of the Union’s Action Plan on Combating Terrorism.
On the 1267 Committee, he said the Union appreciated the visits Ambassador Mayoral had undertaken in his capacity as Chair of that Committee. The Union maintained an active interest in the Committee’s work, as was demonstrated most recently when Union members volunteered to meet with the Committee to discuss their respective implementation measures. He also commended the work of the 1267’s Monitoring Team, and hoped to receive their third report imminently and looked forward to the Team’s mandate being extended in the forthcoming new resolution. In the context of that resolution, the Union emphasized its and other States’ well known position on the importance of respect for human rights in all counter-terrorism policies. A greater degree of transparency would be welcome, as would the provision of clearer guidance on listing, delisting and humanitarian exemptions.
Concerning the CTC, he said the Union remained fully committed to the obligations set out in resolution 1373 and continued to work to ensure that they were fully implemented. The Union was pleased to have been able to participate in recent visits of the CTED to Albania, Kenya and Morocco. The arrival of further experts was a positive step, and he looked forward to seeing the Directorate as a whole becoming fully operational as soon as possible. He was also pleased to hear of the progress of the 1540 Committee in its consideration of national reports. The arrival of additional experts to work with the Committee was welcome news. While he was pleased to note that so many Member States had now submitted their first reports, he urged remaining States to do likewise. Failure to report would only serve to undermine the Committee’s efforts. The Union would play a full role in the area of technical assistance in the context of all three committees, and would reinforce its work with priority third countries, through increasing individual collective commitments to technical assistance and capacity-building, including in the area of countering radicalization and terrorist financing.
The Union welcomed the ongoing cooperation between the three committees and their experts and wanted to see that continued, he concluded. The Union fully supported the Secretary-General’s proposals for establishing a comprehensive counter-terrorism strategy for the United Nations. In that context, the Union welcomed the decision by the Commission on Human Rights to appoint a special rapporteur to provide guidance to States on ensuring counter-terrorism efforts were in line with international human rights law, and hoped that decision would be ratified by the Economic and Social Council in the coming days. He also welcomed the General Assembly’s agreement in April on the Convention for the Suppression of Acts of Nuclear Terrorism and called on all members to sign that convention during the September Summit.
SHINICHI KITAOKA (Japan) said that, as evidenced by the London terrorist bombings, terrorism continued to pose an immediate threat to all, as did the risk of weapons of mass destruction and their means of delivery falling into terrorist hands. Deepening cooperation among the three committees would ensure the development of an effective counter-terrorism policy. Establishing preventive measures to counter terrorism was of the utmost importance, including information sharing and cooperation. The Council should encourage Member States to utilize the information and experience of bodies such as Interpol, the International Civil Aviation Organization (ICAO) and the Financial Action Task Force.
Capacity-building of Member States was crucial, he said. Country visits by the CTC needed to be constantly improved and follow-up was also necessary. Information on the assistance needs of MemberStates provided to the 1267 and 1540 Committees must be shared with the CTC. His country would continue to provide bilateral assistance for capacity-building. In order to prevent the proliferation of terrorism, improvement and strengthening of sanctions measures continued to be necessary. He expected, for example, clearer procedures for the Consolidated List, strengthening of cooperation between the 1267 Committee and Interpol, and setting up a system to effectively implement measures to freeze assets.
He urged Member States to join and implement the 12 counter-terrorism-related international conventions and protocols and to sign the International Convention for the Suppression of Acts of Nuclear terrorism at an early date. It was also essential for the international community to clearly state that the targeting and deliberate killing of civilians and non-combatants could not be justified or legitimized by any cause or grievance, and to cooperate in concluding the negotiation of the draft Comprehensive Convention on International Terrorism by June 2006.
RONALDO MOTA SARDENBERG (Brazil) said a comprehensive anti-terrorism strategy should also tackle the root causes of terrorism. Strategies in that regard might involve preventive diplomacy and social and economical development. He invited Member States to conclude the international anti-terrorism convention as soon as possible, including an internationally accepted definition of terrorism. He hoped that the problem of understaffing of the CTC’s CTED would be solved soon and reiterated the need for geographical representation in its secretariat. He strongly encouraged States that might benefit from technical assistance to request such assistance. Hoping that visits to States would provide the Committee with further insights into what obstacles States might face in implementing the provisions of the resolution, he said that follow-up to such visits was also important.
He was pleased by the results of the 1267 Committee’s first visits to States. Improvement of listing procedures might help the work of the Committee, he said, and enhancement of procedures might encourage reluctant States to submit names to the List. A definition of “associated with” would help refine the existing List. Such definition should respect individual’s rights and prevent errors. As for the 1540 Committee, he said that based on a positive response, the Committee had been able to make steadfast progress in evaluating reports, and he hoped the Committee would be in a position to submit a comprehensive report to the Council in 2006. The existence of weapons of mass destruction was a matter of great concern, and the threat posed by terrorists having access to them required appropriate action. He believed that the Assembly could benefit from the work of the 1540 Committee if the need for establishing best practices arose.
ELLEN MARGRETHE LØJ (Denmark), speaking in her national capacity, said the Al-Qaida/Taliban sanctions regime was as important as ever in the international fight against terrorism. The 1267 Committee, with the support of the Monitoring Team, endeavoured to ensure that the sanctions remained updated, relevant and adequate to counter the constantly changing threat from Al-Qaida, the Taliban and their associates. It was a welcome development that the Committee was receiving a rising number of names to be added to the Committee’s Consolidated List. At the same time, several countries had voiced concern that the listing and delisting procedures did not live up to the principles of due process. Some had even stated that they would not be able to propose names for inclusion on the List until those concerns had been addressed. Whether the lack of due process was real or not, it was crucial that the concerns be addressed. It was necessary to avoid the perception that Council sanctions were less than firmly founded on the principles of due process. The issue demanded the attention of all Council members.
She said, in efforts to combat international terrorism, it was imperative to strike the right balance between preventive and swift action against terrorism, on the one hand, and adequate safeguards for the individual –- and not least for those unjustly targeted -– on the other. It was also important that efforts were carried out in full respect for human rights and fundamental freedoms. At the same time, the Council must maintain that any decision on listing and delisting was taken by the Council. The Council should, therefore, focus on improving the delisting procedures of the Committee, as it would enhance the credibility of the sanctions regime. It would also increase the effectiveness of the regime by providing additional safeguards, so as to avoid the circumstance that people who did not belong there were kept on the lists. Improving the delisting procedures would not in any way weaken the effectiveness of the preventive actions against terrorists. Listed persons would remain on the List and would be, therefore, subject to the preventive actions, until the Committee decided otherwise.
A way forward in that respect could be to establish a review mechanism, which would consider individual petitions for delisting from individuals and entities affected, she said. The mechanism would be authorized to request unclassified information from the Committee, which would keep the mechanism informed of its activities on a regular basis. After having considered a complaint, the review mechanism would submit a recommendation to the Committee, which would endorse or dismiss the recommendation, thus, keeping the decision-making within the realm of the Council. The mechanism would also act as a filter in cases that were deemed unfounded and did not merit the Committee’s consideration. It was against that background that Denmark was participating in the ongoing negotiations on a strengthen 1267 sanctions regime. It was of key importance that the resolution contained very clear language on the Council’s intention to address the increasing due process concerns.
TUVAKO N. MANONGI (United Republic of Tanzania) urged the three committees to cooperate and coordinate their activities. Such coordination could include the sharing of information prior and after visiting a Member State; establishing a common database; identification of States’ technical assistance requirements; and identification of donors willing to offer technical assistance. The three committees must also jointly study the root causes of non-reporting and reporting fatigue, because what was often presumed to be an indicator of a lack of commitment was rather a lack of capacity.
The resolution on augmenting the existing sanctions regime could provide the Council with an excellent opportunity to address such concerns as due process and transparency in listing and delisting procedures, he continued. He reiterated approval for the best practices related to combating financing of terrorism developed by the Financial Action Task Force. He commended the effort to take the necessary measures to consider national reports and States’ needs in strengthening their domestic legislations and law enforcement systems in preventing the proliferation of weapons of mass destruction, as well as denying non-State actors access to them.
Tanzania had herself fallen victim to a terrorist attack, he said. It would leave no stone unturned in denying terrorists the necessary breeding grounds and means to operate effectively through strict implementation of all United Nations resolutions against terrorism.
CHARLES NICHOLAS ROSTOW (United States) said the long list of terrorist attacks since 11 September 2001 showed the persistence of terrorism. The Secretary-General had stated that groups used terrorist tactics because they thought that those tactics were effective. The international community should, therefore, never give in to terrorism. The United Nations could contribute to the war on terrorism by monitoring State compliance with Council resolutions and holding States accountable. In three and a half years, the CTC had engaged in dialogue with Member States and had put counter-terrorism on the agenda of regional and subregional organizations. It had launched an effort to assist States lacking capacity to implement the resolution’s provisions.
He said efforts to sanction entities affiliated with Al-Qaida and the Taliban included a travel ban, freezing of assets and an arms embargo. Under the travel ban, States must now have the 1267 watch list at airports, preventing terrorists from using air travel. The 1267 Committee’s work had led to the freezing or seizure of more than $100 million. A more open dialogue among Member States with the Committee should be encouraged. A draft resolution on the Committee supported increased dialogue and called on States to implement some
49 recommendations on financing of terrorism. The 1450 Committee had overcome initial difficulties, and the three committees were now working together in a better way.
One must accept that counter-terrorism measures imposed burdens, he said. Counter-terrorism must be made a top priority and one should not just pay lip service to the unpleasant necessity. All States and would-be States must decide if they were going to arrest and prosecute anyone involved in terrorist acts, or if they were going to weaken the anti-terrorist front for some supposed national interest. If there was no unanimity that fighting terrorism was a priority, then a much longer struggle would be faced. The Council should be at the centre of the multilateral efforts to combat terrorism. Over the past year, the Council had called on the committees to coordinate, cooperate and collaborate. Those calls had yet to result in significant action and results. If the committees did not make progress in working together, the Council might need to consolidate the committees into one group.
ABDALLAH BAALI (Algeria) said the debate could not be timelier, as the vile beast continued to strike, as witnessed on a daily basis. Faced with relentless attacks, it was necessary to strengthen cooperation in all areas of the anti-terrorism campaign, as well as to ensure that all legislation on political asylum would no longer be used for criminal purposes. He shared the view of Ambassador Mayoral on the three distinct components of Al-Qaida. It was important for the Al-Qaida Committee to focus on the third category of terrorists, as they were inspired by the same ideology of the Al-Qaida organization. In that regard, it was necessary to broaden the scope of the concept “associated with Al-Qaida” in the draft under consideration, so that the sanctions regime could be better adapted to keep pace with the terrorist threat. Briefings were useful, and he wanted more such briefings to be organized. He congratulated the Monitoring Team, as well as members of the Secretariat, for the assistance they provided to the Committee. The submission of their third report reflected the Team’s professionalism.
Regarding the CTC, he said he supported that body’s sixteenth programme of work. In particular, he welcomed the Committee’s dialogue with Member States and encouraged them to pursue such efforts. Strengthening the methodology for identifying State’s needs also needed to be encouraged. He welcomed the fact that the Committee had carried out three additional visits and wanted to see a road map drafted for future visits. While he understood the CTC’s present difficulties, the question of delays in the submission of reports was an ongoing concern that had to be resolved through dialogue. He supported the CTC and its Chair in its future work and encouraged them to further dialogue both with Member States and international and regional organizations.
Continuing, he said Member States’ considerable efforts, through the submission of national reports, reflected the international community’s full interest to face collectively the threat posed by the acquisition of weapons of mass destruction by non-State actors. He welcomed the fact that 118 Member States had complied with the provisions of resolution 1540, adopted just one year ago. He hoped that countries that had not submitted reports would do so as soon as possible, so that a comprehensive situation report could be submitted to the Council as soon as possible. It was appropriate for the Committee to establish a framework to provide assistance to States requesting such assistance. He supported the presidential statement to be considered at the end of the meting.
JEAN NOËL POIRIER (France) expressed sympathy for the victims of the recent London bombings, as well as for the victims of attacks committed in Baghdad each week. The reports of the three committees provided the path the Council had selected in response to terrorism. France was committed to a multilateral approach. Cooperation between the three committees on issues of common interest continued to be a priority and must be ongoing. It was also important to exchange information and avoid overlap. The draft presidential statement was geared to that effort.
Regarding the CTC, he understood that the leadership of the Executive Directorate would soon be operational. That was important, as that body had a vital role to play. He commended Ambassador Løj for the key roles she played in the Committee. There were many avenues for action that needed to be continued. Regarding good practices in terms of financing and controls, he said it was necessary to endorse the special recommendations of the Financial Action Task Force on the fight against terrorism, as well as the 40 recommendations against money-laundering. He hoped all members of the Committee would be able to endorse them.
Regarding the 1267 Committee, he said the sanctions regime had been greatly enhanced since the adoption of resolution 1267 to tailor it to the threats posed by Al-Qaida and the Taliban. Such efforts needed to continue. He hoped the new text would be adopted by the end of the month, thereby strengthening the provisions of the resolution. He thanked the Monitoring Team for its critical contribution to the Committee’s action and thinking. In the current negotiations on the new resolution, France was closely following several issues, including the effectiveness of existing sanctions, compliance with law and procedural guarantees. Regarding the 1540 Committee, he was completely satisfied with its work and quick analysis of national reports. It was a concern, however, that 74 countries had yet to submit reports. He also commended the recruitment of new experts to assist the Committee in its work.
Mr. MAYORAL (Argentina), speaking in his national capacity, said his country was firmly committed to the fight against terrorism, as it was a serious threat to international peace and security and violated the most basic of human rights, namely, the right to life. In 1995, Buenos Aires had been a victim of terrorism when some 100 individuals lost their lives in a bomb attack. For that reason, his country had decided to chair the 1267 Committee for the second time. Because of its universal nature, the United Nations had a central role to play in the struggle against terrorism. Member States must support that work through strict compliance with all Council resolutions, not only by implementing the sanctions against Al-Qaida and the Taliban, but also by submitting national reports.
He said the international community’s fight against terrorism should be carried out with full respect for the United Nations Charter, international law, human rights and humanitarian law and should be carried out with full transparency and respect for individuals’ rights. He welcomed the meeting’s format, with joint presentation of reports by the three committees’ chairmen, which would strengthen the cooperation between the committees. He also stressed the importance of solid coordination of the committees’ panels of experts.
LAURO L. BAJA (Philippines) said a new resolution on the work of the 1267 Committee should not only strengthen elements of the sanctions regime, but also address common concerns expressed by Member States over the implementation of the sanctions measures. Briefings from Member States on their experiences in sanction implementation could provide further inputs. Broader engagement with relevant organizations such as Interpol would also be useful in the Committee’s work. He called on States that had not yet done so to submit their first national reports to the 1540 Committee, saying that all States faced common security threats. Even if a MemberState thought that non-possession of biological, chemical and nuclear weapons made it unnecessary to prepare a national report, the reality was that non-State actors could take advantage of any weak link.
He looked forward to the coordination among the three committees on addressing issues related to reporting. Innovative approaches would contribute to expand the dialogue process with States and alleviate “reporting fatigue”. He welcomed the progress in making the CTED fully operational by the end of September. Capacity-building and technical assistance could also be addressed in a coordinated manner by the three committees, he said. One of the most effective operational ways to counter terrorist threats was establishment of communication procedures for the exchange of information.
Updating the Council on the progress of the working group established under resolution 1566, under chairmanship of his country, he said the working group had conducted an “information-gathering” phase in the first six months of the year. For the rest of the year, the working group would focus on preparing its recommendations to the Council. The working group had agreed to consider three broad issues, namely, practical measures as mentioned in paragraph 9 of the resolution, the possible scope of those practical measures, and the question of victims.
ALEXANDER V. KONUZIN (Russian Federation) said that, despite international efforts, terrorism had affected dozens of people, including most recently in London, Turkey and Iraq. The Russian Federation viewed the work of the 1267 Committee as one of the key areas of the Council’s counter-terrorism activities. He fully supported the efforts of the Committee and its Monitoring Team to enhance the sanctions regime against Al-Qaida and the Taliban. He also supported the successful negotiation of a new resolution.
Regarding the work of the CTC, he highlighted the consistent efforts of the Chair, among other things, to develop new forms of dialogue with States and to enhance reporting mechanisms. Cooperation of the CTC with international and regional organizations was successfully developing. At the same time, there was growing concern over the fact that the CTED was still not fully staffed, which unfavourably impacted the CTC’s tasks, including the implementation of plans to intensify counter-terrorism work. He believed, however, that the problem would soon be addressed.
He also noted the positive dynamics in the work of the 1540 Committee and shared the view that its priority task should be clearing the backlog of States submitting national reports. Increasing practical interaction with international and regional organizations in the area of non proliferation continued to be a pressing matter. Taking into account the long-term nature of the tasks set forth in resolution 1540, it would be appropriate to extend that body’s mandate to April 2006. In closing, he noted consultations would be held next week on the draft comprehensive convention on international terrorism. Russia supported efforts to reach consensus on the important agreement and hoped that it would be promptly adopted.
Council President ADAMANTIOS VASSILAKIS (Greece), speaking in his national capacity, said the debate was taking place only days after the deadly terrorist attacks in London, which had deeply shocked the international community. Once more, it proved that terrorism continued to pose a serious threat to the most fundamental value of mankind, namely, the right to life, freedom and security. The London terrorist attacks, as well as those in Madrid last year, showed that terrorism was likely to be around for a considerable period of time. No country was immune to it. Acts of terrorism were not justifiable on any ground, be it political, philosophical or religious. Those committing such acts should be brought to justice. The fight against terrorism, however, must not ignore human rights. Counter-terrorism measures and the protection of human rights were not mutually exclusive.
The United Nations had played, and continued to play, an important role in the fight against terrorism by addressing the challenge as one of the most serious threats to peace and security, as well as the challenge of the proliferation of weapons of mass destruction. The work of the three committees had considerably enhanced the United Nations role in dealing with the above threats. Regarding the 1267 Committee, he noted that visits carried out to Member States were useful and facilitated a better understanding of their obligations under that resolution. He looked forward to the third report of the Monitoring Team, anticipating new recommendations on necessary improvements in the field. He also looked forward to the renewal of resolution 1526, with a view to improving the sanctions regime. The principle of due process must be taken into consideration. In his view, sanctions could only serve their objective if their implementation was consistent with the protection of human rights. More transparent and clear criteria and requirements should be established for listing and delisting of individuals and entities.
Continuing, he said individuals and entities included in the list should be informed about the measures imposed on them, the listing and delisting procedures, as well as on the humanitarian exemptions provided for in resolution 1452 (2002). A process for reviewing cases of individuals and entities claiming to have been wrongfully placed or retained on the committee’s list should be envisaged as a means of improving the sanctions regime and enhancing their legitimacy.
Regarding the work of the CTC, he said recent visits to Kenya, Albania and Thailand were useful tools in assisting States to implement resolution 1373 in an open manner and in identifying their technical assistance needs. What was really important, however, was the proper follow-up to the visits. He fully supported the Committee’s efforts to dialogue with Member States that had not submitted their reports. The Committee should develop a set of best practices to provide guidance for the implementation of resolution 1373, on the basis of best practices developed in the context of other international, regional and subregional organizations.
On the 1540 Committee, he was pleased to hear that it had already examined more than 50 reports. It was a matter of concern, however, that 74 States were late in submitting their national reports. Such delays did not facilitate the fulfilment of the committee’s mandate. They also did not allow the council to assess progress achieved by the States concerned in their implementation of resolution 1540. He urged those States to meet their obligation under the resolution and submit without further delays their reports. He welcomed the Assembly’s adoption of the international convention for the suppression of nuclear terrorism and urged States to sign the convention at the September Summit.
Upon resumption of the meeting in the afternoon, FAYSSAL MEKDAD (Syria) said his country condemned the terrorist bombing in London, as well as the killing of the Egyptian ambassador in Iraq, and the attack in Istanbul. He confirmed his country’s determination to enhance international cooperation to put an end to the scourge of terrorism, as Syria had suffered from terrorism for decades. During last week, a network had been discovered that intended to carry out terrorist acts in Syria and outside. Security forces had detained 47 elements on the Lebanese-Syrian border that aimed to destabilize Syria. His country distinguished terrorism from the legitimate struggle of all people under occupation to liberate themselves.
He said the CTC had always been guided by cooperation, transparency and equal treatment. His country had presented its fourth report to the Committee in mid-April. He commended the cooperation and coordination between the CTC and the CTED and hoped the CTED would soon be in a situation to help States in submitting reports. His country had issued a declaration relating to money-laundering and terrorism and had acceded to all international conventions related to terrorism. The country visits of the 1267 Committee, including to Syria, represented an important effort in enhancing international cooperation.
As the threat of weapons of mass destruction remained, the only way to counter that threat was to eliminate those weapons completely. There was a special concern that weapons of mass destruction might reach terrorist entities. His country had presented its national report on implementation of resolution 1540. In 2003, as a member of the Council, Syria had proposed a weapon-of-mass-destruction-free zone. He stressed, however, that the 1540 Committee should not be a substitute for international efforts to eliminate weapons of mass destruction. In conclusion, he said that cooperation between the three committees was very important and should be enhanced, especially regarding submission of reports. Terrorism was a scourge that reached all, regardless of countries, cultures or religions.
DAN GILLERMAN (Israel) noted the news that Syria had arrested terrorists. He noted also that country’s “selective mode” of arresting terrorists, on the one hand, and harbouring them, on the other. The fight against terrorism was unquestionably one of the most urgent issues facing the world today. He extended his country’s condolences to the people of the United Kingdom in the wake of the recent terrorist attacks. Israel was keenly aware of the devastating effects of terrorism and reaffirmed its resolve to work together to confront terrorists and their sponsors. He also expressed condolences to the people of Turkey, Egypt, Iraq and India, all of whom had experienced the evils of terror in recent weeks.
The unprecedented increase in global cooperation and information-sharing that had occurred since the 11 September 2001 attacks was an important first step in the fight against terrorism, he said. Israel commended the three committees for the valuable progress they had made in increasing the capacity of States willing, but unable, to confront terrorism and hoped that similar progress would be made with States who were able, but unwilling, to confront terrorism. Despite the Council’s clear calls to States to refrain from supporting and to act against terrorists, some States still viewed terrorism as a way of waging their own wars by proxy. The same resolve directed against terrorists must be directed against those States which allowed terrorists to act unencumbered and unimpeded.
There was an urgent need to address the factors that created the atmosphere in which terrorists could hide and operate, he said. In particular, issues of radicalization, glorification of martyrdom and incitement required urgent and concerted attention, especially in the light of the increasingly common phenomena of suicide terrorism. He was pleased to note the growing recognition that the fight against terrorism could not be held hostage to any so-called root causes. There could be no attempt to justify or excuse the use of terrorism. Israel commended the Secretary-General for his forthright rejection of such attempts in his counter-terrorism strategy. He was concerned, however, that while the draft outcome document for the September Summit rejected terrorism in all its forms, it also listed factors that might contribute to it.
Israel also attached the utmost importance to effective counter-terrorism legislation and multilateral legal instruments, he said. As much as Israel wanted to see the comprehensive convention on terrorism concluded at the earliest opportunity, that should not come at the cost of diluting the principles that would make it an effective international counter-terrorism strategy. Multilateral frameworks continued to close the gaps in the international counter-terrorism web and terrorist networks were suffering significant setbacks, as a result. Yet, terrorists groups were quick to exploit any gaps in international resolve and cooperation. One such gap was the increasing tendency to seek contact with leaders of terrorist organizations on the ground that they were political and/or democratically elected leaders. Terrorist organizations were cunningly adopting a new modus operandi of political involvement, in a cynical attempt to exploit the wave of democratization that had begun to sweep through the Middle East. Developments in democratization should not be confused with the democratization of terrorists themselves.
He said the rightful placement of terrorist groups, such as Hamas and Hezbollah, on lists of outlawed international terrorist organizations was key to ostracizing their representatives and inhibiting their activities. Any other approach, especially “political co-option” in the naïve hope that terrorists would rectify their ways, not only sent the wrong message about international counter-terrorism efforts, but also endangered governing authorities and the lives of innocents around the world. Having fought terrorism since its inception, Israel was well aware of its dangers and was, therefore, appreciative of international efforts to contain and combat it. He encouraged the CTC to cover fully the wide scope of its mandate, including confronting the dangers of incitement.
OSWALDO DE RIVERO (Peru) said his country, which had fought and defeated terrorism between 1980 and 1992, strongly and unequivocally condemned terrorism in all its forms and manifestations. There was no ideological, political or religious reason to justify carrying out, cooperating in or financing terrorist acts. It was not possible to combat the scourge of terrorism effectively if it was not done in a comprehensive manner. That required an appropriate legal framework, but also operational capacity in matters of security and intelligence. It was also necessary to respect human rights and international law. A democratic State could not put itself on the same level with terrorists.
He highlighted the importance of continued coordination and cooperation of the CTC with other organs of the United Nations and other international, regional and subregional organizations, so that duplication could be avoided. The delays in submitting reports meant that countries that lacked financial means or experience in fighting terrorism, or did not have the capacity to do so, should receive the assistance required. The cooperation of the CTC with States must be guided by the objective to overcome the lack of means and experience. It would also be useful to agree on a calendar for the submission of reports. Responses and actions undertaken by the CTC must be based on a meticulous and rigorous analysis of the reports.
Regarding the work of the 1267 Committee, he said that information from the Consolidated List should be incorporated into the Interpol database as soon as possible. That would take advantage of the capacity of the main international police organization and it would facilitate the task of the respective national authorities. The adequate functioning of the list system, for the listing and delisting of individuals and entities, was a matter that continued to require the utmost attention. Respect for due process and the rights of those that were included in the List must be taken into account at all times.
YURI ARIEL GALA LOPEZ (Cuba) expressed solidarity with the British people after the attacks in London’s transportation system. Under increasing international pressure and after more than a month of silence, on 17 May 2005, United States immigration authorities had been forced to detain the terrorist of Cuban origin, Luis Faustino Clemente Posada Carriles, who had entered the country illegally and applied for political asylum based on services to the United States for more than 40 years as a member of the Central Intelligence Agency. Venezuela’s Government had requested the extradition of Posada Carriles as a result of the crime against a civilian aircraft of the Cuban Aviation enterprise, which had cost 73 lives. The only correct measure the United States Government could adopt was to agree to the extradition request. If the United States wished to give at least a modicum of credibility to its self-proclaimed “war against terror”, it had no other option than to extradite the author of numerous terrorist acts, among them, the bombing campaign in Havana hotels in 1997. He had also plotted numerous attempts on President Fidel Castro.
Resolution 1373 was clear when it established the obligation for all States to ensure the indictment of any individual taking part in the financing, planning, preparation or support of terrorist acts, he said. He hoped that the case of Posada Carriles did not end up like that of Orlando Bosch Avila and other confessed terrorists of Cuban origin responsible for the mourning of dozens of Cuban families. Cuba would consider it very serious if Washington decided to embrace Posada Carriles or put forward cunning arguments that allowed his stay in the United States. It would constitute an affront to all victims of terrorism, including the United States people themselves. His Government urged the international community to demand from the United States the fulfilment of its obligation to extradite Luis Posada Carriles to Venezuela.
CHRISTIAN WENAWESER (Liechtenstein) said his country supported such measures as better cooperation with Interpol, streamlining the working methods of the
1267 Committee and its Monitoring Team, and improved sanctions monitoring. However, he believed that due process, human rights and humanitarian concerns must be addressed in an equally urgent and thorough manner and that doing so would, in effect, improve the implantation of targeted sanctions.
Noting that there had been a number of countries that had been facing legal challenges in national and international courts against specific measures of sanctions implementation, he cited a recent example that went before the European Court of Human Rights. In that case, the Court had issued a caveat stating that State actions in compliance with international legal obligations, such as international sanctions regime, were justified only as long as the relevant organization protected fundamental rights, both with respect to their substance and to the mechanisms controlling their observance.
To avoid a situation where there might be a legal conflict between upholding human rights and the sanctions regime, the Council must improve the fairness and transparency of procedures for listing, delisting and humanitarian exemptions, and on improving the access of individual applicants to the decision-making body. Also, in the long run, any regime depriving individuals of their rights would have to include an appeals process involving a judicial or otherwise independent organ. He noted his country’s pending request for the list of Member States that had made notification regarding humanitarian exemptions to be made accessible to all Member States, as a minimal means of improved transparency.
PETER MAURER (Switzerland) said the most recent attacks in London and elsewhere had once again confirmed that the threat of terrorism was far from over. Switzerland condemned all forms of terrorism and supported the fight against terrorism by all means, in accordance with the United Nations Charter and international law, including human rights and international humanitarian law. The Council’s efforts were an important part of the global fight against terrorism. Combating terrorism was the concern of all States, and it was, therefore, essential for the Council to have a regular exchange on its strategies and decisions.
Security Council-targeted financial and travel sanctions against individuals could be a useful instrument in the international community’s efforts to enforce implementation of Council’ decisions, he said. In recent years, however, the scope of targeted sanctions had been extended considerably to loosely defined categories of individuals and entities, rather than specific groups of persons. While targeted sanctions were intended to be preventive in nature, they were punitive in their effects, and the rights of individuals under domestic and international law were severely affected. The application of measures against individuals without the possibility of review or appeal had the real potential to violate individual due process rights guaranteed by international law.
The conflict between Council resolutions and international human rights law was both harmful and unnecessary, he said. It violated the integrity of the system of international law and undermined the legitimacy of Council action, in general. As a result, it would severely compromise the effectiveness of the Council’s anti-terrorism strategy. At the same time, new mechanisms must and could be developed, which would avoid incompatibility between obligations under international human rights law and Council sanctions. An effective regime of Council-targeted financial and travel sanctions against individuals and entities needed to apply strict and transparent factual and evidentiary requirements with respect to the listing of individuals or groups; guarantee the timely notification of targeted individuals and entities upon their inclusion in a sanctions list; limit the duration of sanctions and their punitive effects; and provide for the right to appeal against the inclusion of individuals and entities in a sanctions list and for binding arbitration by a body of impartial and independent experts.
He said he recognized that recent sanctions regimes provided safeguards with regard to the rights of the listed individuals or entitles, and suggested that the relevant counter-terrorism and sanctions committees update older sanctions regimes according to the newer, better standards. Regarding further improvements of the efficiency of targeted sanctions, Switzerland welcomed opportunities for discussion with members of the 1267 Committee. In the ongoing debate on Council reform, Switzerland had suggested that the Council, on a case-by-case basis, consider the possibility of including Member States not currently on the Council, but with strong interest in the topic, to participate in the work of one or more of the subsidiary bodies. The improving of listing and delisting procedures would be an excellent opportunity to start such a practice, and he suggested that the Council establish an open-ended working group with 1267 Committee members and Member States to come up with suggestions on how to improve the effectiveness of listing and delisting procedures.
FERMIN TORO JIMENEZ (Venezuela) said the threat of terrorism at the international level went back in history. In the twentieth century, capitalistic States had imposed themselves on their colonies. He also referred to the European and Asian tragedies of fascism, socialism, capitalism and others. Resources in marginalized countries had been pillaged to develop weapons of mass destruction. After the collapse of the Soviet Union, the expansionists soon identified new enemies, namely, those countries that had fossil fuels, leading to wars in Afghanistan and Iraq. That argument could also explain the attempted coup against President Chavez. Given the gulf between the industrialized States and the people of the South, the victims had entered into rebellion.
He said Venezuela had condemned terrorism in all its forms and manifestations as an instrument that intimidated the people of the world. However, it recognized those that were fighting for sovereignty, liberation and respect for human rights. Part of terrorism was the daily system of manipulation on the part of the press at the service of imperialism. His country had suffered from terrorist acts such as the murder of Mr. Anderson, a civil servant in the justice system. Another case was that of Mr. Carriles, who had requested asylum in the United States. A quick reply from American authorities was hoped for, so that justice could be done. His country had been scrupulous in implementation of all relevant Council resolutions and had presented on time the reports required. The solution to terrorism was not more terrorism, but using political means focused on the self-determination of peoples.
NIRUPAM SEN (India) said the recent horrific attacks in London and elsewhere around the world had shown the emergence of terrorism with a renewed vigour. Terrorism was not a new phenomenon in India, which had suffered from that cross-border scourge for nearly 25 years. Over 60,000 Indian citizens had lost their lives as a direct result of terrorism. Terrorism constituted one of the most serious threats to peace and security; it recognized no border and observed no code of conduct. It was important for States to be held accountable for their lack of compliance with international obligations, in particular, those under international legal instruments and Council resolutions. The international community must no longer tolerate resort to double standards, partial cooperation for political ends, tactical ploys, incitement, fundamentalist training and indoctrination and support for the sponsorship of terrorism.
The CTC, assisted by its Executive Directorate, must continue to play a major role in assisting States with capacity-building and the means of fighting terrorism, he said. The re-emergence of large well armed groups of Al-Qaida/ Taliban was a matter of concern, and any attempt to reach out to former Taliban elements should exclude individuals or entities in the 1267 Committee’s Consolidated List. Any action to the contrary would constitute a clear violation of Chapter VII resolutions. The recent listing of the Lashkar-e-Toiba by the
1267 Committee in the Consolidated List had been an important step forward in the fight against terrorism.
The work of the 1540 Committee remained critical, he said. Recent revelations of the extensive international network facilitating the proliferation of nuclear equipment and technology had brought home the danger of the acquisition of weapons of mass destruction and their means of delivery by terrorists. He urged the 1540 Committee to be more proactive and move to minimize the possibility of any further proliferation that could pose a threat to international peace and security. While the Council had been justifiably proactive on the counter-terrorism agenda, it was equally important for the general membership to engage on the critical issue. The international community must endorse the Secretary-General’s call for a comprehensive counter-terrorism strategy. No grievance could justify the resort to terror.
India’s capacity to deal with the vicissitudes of terrorism could also be traced to its ability to accommodate different cultural traditions over time, he said. As the largest democracy with secularism at its heart, and as the second largest Islamic society in the world, India did not need any lesson from either the western democracies or the self-appointed guardians of Islam. He hoped the United Nations would move forward the international agenda on counter-terrorism through the actions of the Assembly and the Council. The international community could no longer accept double standards or half-way measures on the part of States in the fight against terrorism.
JOHN DAUTH (Australia) said he was sorry to be meeting against the backdrop of the appalling terrorist attacks in London. Australians were shocked at the savagery of those attacks, but full of admiration for the courage and determination displayed by the British Government and people. Australia welcomed efforts to date, particularly by the 1267 Committee, to engage more closely with Member States, including through regional travel. He appreciated the opportunity earlier this month for Australia’s ambassador for counter-terrorism to brief the 1267 Committee on Australia’s counter-terrorism capacity-building efforts in the Asia-Pacific region, to date only the fourth MemberState to take up the opportunity.
He said the time had come, however, to acknowledge that more could and must be done. In the days following 11 September 2001, the international community had been seized with a grim determination that saw the United Nations become the focal point of international response. That momentum now risked being lost. The CTED, for example, was due to become fully operational by January 2005. It was vital that that important body be able to finalize its staffing arrangements and give full effect to its mandate at the earliest possible date. There was also a need to give effect to calls for better coordination with the United Nations system on counter-terrorism matters generally. While much work was already being done by States at the bilateral and regional levels, effective coordination by the United Nations could help ensure that assistance was directed to where it was most needed and where it would make the most difference.
ROSEMARY BANKS (New Zealand) informed the Council that, as one of the key messages in today’s briefings had been the need for cooperation, including regional cooperation, her country had hosted an inaugural Pacific Working Group on Terrorism in June that had provided a forum to discuss the challenges faced by Pacific island countries in complying with international counter-terrorism obligations. Regarding the new draft resolution on the work of the 1267 Committee, she said it was important that interested Member States were kept informed and given an opportunity to provide input. In order to improve the effectiveness and legitimacy of its counter-terrorism efforts, the Council must ensure that recognized basic standards of due process were met. She urged the Council to consider amendments to the 1267 sanctions regime to meet those concerns.
She also drew the Council’s attention to the problems faced by small Member States in meeting considerable reporting requirements and expressed the hope that the enhanced cooperation between the three committees and expert groups would include discussion of the consolidation of reporting requirements for small countries. There was a lot that could be done by way of technical assistance and she urged the Council to take the initiative in that regard. Her country had offered to work with interested Pacific partners to help Pacific countries meet their reporting obligations and would continue to work closely with Australia and its Pacific partners in those endeavours.
MUNIR AKRAM (Pakistan) supported the efforts of all three committees in promoting greater transparency and dialogue with Member States. He hoped they would also ensure the involvement of the general membership in their work. Regarding the CTC, he had noted the first country visits and welcomed the emphasis on providing technical assistance to States. On the Al-Qaida and Taliban Sanctions Committee, he noted views on focusing on the new and growing generation of supporters. Sufficient evidence must accompany new designations on the list, however, as it was necessary for meeting legal requirements and allowing national authorities to defend challenges to the freezing of assets. The 1540 Committee needed to focus on the absence of agreed international standards to assess actions by Member States to implement resolution 1540. That Committee must also take into account the different levels of State capacity to implement its provisions, and must ensure it did not complicate the work of established treaty regimes and the international bodies established under them. Different States had differentiated obligations under various treaties.
He expressed solidarity with the victims of the recent incidents in London and Turkey and strongly condemned such acts. Geography and history had combined to present Pakistan with a special challenge and role in combating terrorism. Pakistan’s commitment was clear, present, tangible and visible. Pakistan had taken a number of measures on the domestic front. For the first time, its armed forces had carried out operations in the tribal areas along the border with Afghanistan. More than 600 terrorists, including key Al-Qaida operatives, had been captured or detained. Pakistan was also engaged in active campaign to eradicate extremism from its society.
The challenge of terrorism was both local and global, he said. All those who had confronted it knew that success required sustained and comprehensive efforts, including the creation of economic opportunities and the settlement of political issues that provided the oxygen for terrorism. The role of the United Nations was both central and critical. Within the Organization, the international community was creating an international legal regime to counter all forms of terrorism. The deliberate killing of citizens was not justifiable. The absence of a definition of terrorism should not hold up action against terrorism. It was necessary to ensure, however, that counter-terrorism measures had built in safeguards to protect individuals, including the right to self-determination. There could be no excuse for the perpetration of State terrorism, nor could States conducting terrorist acts against civilian populations be allowed to portray the resistance of legitimate movements as terrorism.
He supported the Secretary-General’s initiative for a comprehensive counter-terrorism strategy, which must include measures to address the root causes of the problem. They did not justify it, but explain it. Those included political and economic injustices, festering international disputes, foreign occupation, and cultural, social and economic and political alienation. Promoting greater understanding among religions and cultures was a political and moral imperative. The vast majority of the adherents of any faith, especially Islam, were peaceful, just and caring people. Those who held militant views were a small minority.
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