S/PV.6128Resumption1 Security Council
▶ This meeting at a glance
29
Speeches
0
Countries
0
Resolutions
Topics
Counterterrorism and crime
Peacekeeping support and operations
Security Council deliberations
War and military aggression
Latin American economic relations
Israeli–Palestinian conflict
Thematic
The President (spoke in Russian): I should like
to inform the Council that I have received a letter from
the representative of Liechtenstein in which he requests
to be invited to participate in the consideration of the
item on the Council's agenda. In conformity with the
usual practice, I propose, with the consent of the
Council, to invite that representative to participate in
the consideration of the item, without the right to vote,
in accordance with the relevant provisions of the
Charter and rule 37 of the Council's provisional rules
of procedure.
There being no objection, it is so decided.
At the invitation of the President, Mr. Wenaweser
(Liechtenstein) took the seat reserved for him at
the side of the Council Chamber.
The President (spoke in Russian): I now give the
floor to the representative of the Syrian Arab Republic.
Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): Mr. President, allow me at the outset to
congratulate your friendly country on presiding over
the work of the Security Council for this month, and to
express our gratitude for the efforts of the Permanent
Representative of Mexico and the members of his
delegation in that role last month.
Syria has suffered for many decades and to this
day from the scourge of terrorism. We recall that my
country was one of the earliest States to draw attention
to the need to promote efforts to eliminate international
terrorism. Accordingly, Syria has called since the
mid-1980s for an international conference under
United Nations sponsorship in order to agree upon a
specific definition of terrorism, formulate an effective
international strategy to combat terrorism and
distinguish it from the legitimate struggle of people
under occupation to achieve their freedom, which by
right is guaranteed by international norms and laws.
Syria reaffirms its condemnation of terrorism as
aggressive and unjust criminal activity that targets the
lives and property of innocent civilians, and we call for
action at all levels to combat international terrorism in
accordance with the principles and purposes of the
Charter of the United Nations and the provisions of
international law.
Terrorism does not distinguish among its victims
and inflicts suffering on everyone. Therefore,
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terrorism, by definition, cannot be linked to any
religion, race, nationality or civilization. We reaffirm
once again that any measure taken to prevent terrorism
and to combat it must conform to obligations under
international law and international humanitarian law,
including the Charter of the United Nations.
The crimes committed by Israel against the
Palestinian people in the occupied territories and
against Syrian citizens in the occupied Syrian Golan
are war crimes and constitute true terrorism. Here, I
must point out Israel's most recent innovations and
contributions in the field of State terrorism. Israel has
laid siege to the entire Palestinian population of Gaza,
including women, children and the elderly. It has
deprived that population of water, food, medicine and
the freedom of movement and travel. Not satisfied with
that, Israel followed up by killing the besieged
population of Gaza through a barbaric and cruel
aggression using the most modern weapons and
internationally banned munitions.
If such outlaw practices are not terrorism, then
what exactly is terrorism? Israeli terrorism has touched
everyone without exception. The murder and
destruction pay no heed to the humanity of the
Palestinian citizen residing in his own home, the
employees of the United Nations, or those seeking
refuge in United Nations buildings and facilities.
As members of the Council know, the State
terrorism carried out by Israel has destroyed facilities
belonging to the United Nations in Gaza and killed
those inside, Palestinians and international employees
alike. The international consensus at the United Nations,
both in New York and Geneva, which called for the
creation of a fact-finding committee of the Human Rights
Council and an investigative commission by decision of
the Secretary-General, reflected the international moral
and political consensus regarding Israel's responsibility
for the terrorist crimes carried out against the population
of Gaza.
The logical question here is whether Israeli
actions today - including the confiscation of property,
the bulldozing of land, the uprooting of trees, the
destruction of homes, the expulsion of residents, the
creation and building of new settlements and the
expansion of existing settlement - are actions that
constitute real terrorism.
Syria joined the consensus when the Global
Counter-Terrorism Strategy was adopted, on the basis
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of its sincere support for any international effort to
combat terrorism and of its firm recognition of the
Strategy as an important tool for facilitating
international cooperation against terrorism, provided
that the definition of terrorism and State terrorism and
the distinction between terrorism and legitimate
resistance are given careful consideration.
At the same time, as it did during the
deliberations leading to the adoption of the Global
Strategy and at subsequent review meetings, my
country reaffirms the importance of adopting
comprehensive and consistent national, regional and
international approaches to countering and combating
terrorism. Syria calls for an analysis of terrorism in all
its forms and manifestations and for a debate on the
conditions that contribute to the spread of that scourge
in order to reach a common international understanding
of the best way to fight it.
Syria reaffirms that terrorism is an ongoing threat
to international peace and security and reiterates its
commitment to relevant international counter-terrorism
resolutions. Syria is convinced that the United Nations
has a central role to play in countering terrorism at the
international level and in achieving international
consensus in that regard. My country believes that the
Security Council's counter-terrorism Committees
contribute to coordinating the international effort
against terrorism, despite the observations and
reservations regarding some of their decisions that we
have voiced on numerous occasions. Accordingly,
Syria cooperates with the United Nations and the
Security Council's sanctions Committees, and calls on
the Organization and the international community to
strengthen national counter-terrorism capacities by
supporting national efforts and promoting cooperation
among States. We recall and reiterate that we have
undertaken all measures necessary to combat terrorism
at all levels.
Syria has made significant efforts to counter
money-laundering and the financing of terrorism. The
Syrian commission to counter money-laundering and
the financing of terrorism has joined the Egmont
Group, which unites financial intelligence units from
108 States and is responsible for receiving and
handling reports on financial operations suspected of
laundering money or financing terrorism. Those efforts
are internationally recognized in the report of a joint
assessment group, which notes that Syria has
implemented significant measures and legislation in
09-34980
recent years, in accordance with relevant international
recommendations.
In conclusion, Syria is closely following the
Committee's efforts to follow-up the implementation of
resolution 1540 (2004), which my country sees as a
positive step towards preventing the proliferation of
weapons of mass destruction and for maintaining
international peace and security. Syria does not possess
such weapons and does not intend to possess them, as
it has reiterated in numerous public statements
delivered at the United Nations, including in the First
Committee of the General Assembly, at the meetings of
the third session of the Preparatory Committee for the
2010 Review Conference of the Parties to the Treaty on
the Non-Proliferation of Nuclear Weapons, and before
the Conference on Disarmament in Geneva.
The President (spoke in Russian): I call on the
representative of Brazil.
Mr. Tarrisse da Fontoura (Brazil): I thank you,
Sir, for convening this open debate. It allows the wide
membership a rare opportunity to formally hear from
the chairs of subsidiary bodies of the Council and to
provide valuable inputs to their activities.
Inclusiveness and cooperation are essential in the fight
against terrorism.
Let me also take this opportunity to commend the
Chairs of the Counter-Terrorism Committee (CTC) and
the Committees established pursuant to resolutions
1267 (1999) and 1540 (2004) for their work and the
reports presented today.
Brazil's strong condemnation of terrorism in all
its forms and manifestations and our commitment to
fighting it are well known. They have been stated and
reiterated in numerous forums and on many occasions.
Just as importantly, my country has acted accordingly.
The Federal Police and the Brazilian Intelligence
Agency have implemented effective measures to
prevent the planning, preparation and execution of acts
of terrorism and other forms of transnational crime
within our borders and beyond. Another key feature of
Brazil's counter-terrorism policy is the effective
operation of mechanisms against the financing of
terrorism and related crimes. In addition, the Brazilian
Government has been cooperating with international,
regional and subregional actors, as well as with other
countries, in areas such as intelligence-sharing and
technical assistance.
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Brazil has also duly submitted all the reports
requested by the Committees. Brazil has submitted to
the Counter-Terrorism Committee a total of six reports
in accordance with resolution 1373 (2001), as well as
that requested pursuant to resolution 1624 (2005).
Furthermore, the Brazilian Government has provided
the CTC with additional information regarding the
national implementation of resolution 1373 (2001).
Since late last year, there has been considerable
progress in the work of all three Committees. In the
1267 Committee, the key aspect of due process related
to the listing and de-listing of individuals and entities
is being seriously addressed. We welcome the update
of its guidelines, the development of procedures for
reviewing all names contained in the consolidated list,
and the preparation of summaries with the reasoning
for listing each entry. In our view, these are
fundamental steps to enhance not only the transparency
and legitimacy of the sanctions regime, but also its
effectiveness worldwide. No victory over terrorism
will ever be truly effective or sustainable if it comes at
the expense of the rule of law.
Regarding the 1540 Committee, the programme
of work adopted this year demonstrates that the
Committee understands the challenges facing
implementation and shows its willingness to address
them. The success of the comprehensive review of the
status of implementation of resolution 1540 (2004) will
depend, to a large extent, on involving as many
Member States as possible in the exercise. In that
regard, we welcome and look forward to the open
meeting planned for later this year.
The Counter-Terrorism Committee has also made
significant progress in assessing the implementation of
resolution 1373 (2001), facilitating technical assistance
and paying visits to Member States. The Counter-
Terrorism Committee Executive Directorate (CTED)
has played a valuable role in gathering information
from Governments and assisting them in that regard.
The adoption of adequate standards and criteria for
determining implementation by Member States is
crucial to ensuring consistency in the work of the CTC
and CTED and thereby securing the permanent support
of Governments.
My delegation read with interest the most recent
report (S/2009/245) elaborated by the sanctions
Monitoring Team. We share most of the views
expressed in the report. Regarding resolution 1267
(1999), as I stated earlier, we agree that there have
been significant improvements in the implementation
of the sanctions regime. However, we also believe that
the Committee could further enhance its procedures, in
particular with regard to transparency and the right of
individuals and entities to present their defence before
the Committee. We also concur with the View that the
1267 Committee may consider useful the opinions
expressed by national courts. Even though the
Committee is not bound by a national legal decision, it
should give adequate weight to it as the members of
the Committee review a particular entry.
One last point I wish to raise relates to the need
to improve overall coordination among the three
Committees. In our view, the Committees and their
respective subsidiary bodies could find additional ways
to improve coordination, not only among themselves
but also with other bodies, including those related to
the promotion and protection of human rights and
fundamental freedoms. Additionally, we should
strengthen coordination among the Counter-Terrorism
Implementation Task Force of the General Assembly
and the three Security Council Committees. Operating
on several parallel tracks may prove unnecessarily
burdensome, especially for smaller States, and it may
lead to either duplication or diminished effectiveness.
Much progress against terrorism has been
achieved since the adoption of resolution 1267 (1999)
a decade ago. Our biggest challenge has always been to
devise ways to prevent and fight terrorism while
upholding democratic principles and protecting human
rights. We do not have the luxury of failing on either of
those two fronts.
The President (spoke in Russian): I now give the
floor to the representative of the Czech Republic.
Mr. Palous (Czech Republic): I have the honour
to speak on behalf of the European Union. The
candidate countries Turkey, Croatia and the former
Yugoslav Republic of Macedonia, the countries of the
Stabilization and Association Process and potential
candidates Albania, Bosnia and Herzegovina,
Montenegro and Serbia, as well as Ukraine, the
Republic of Moldova and Armenia, align themselves
with this statement.
Terrorism knows no boundaries and requires
global action. The work of the three Committees we
are discussing today is a valuable part of such a global
response. The European Union welcomes today's
briefings and the present debate as an opportunity for
exchange of information and views between the
Committees and Member States. We would like to use
this occasion to reiterate that upholding human rights
and the rule of law is an essential element in our
struggle to combat terrorism. Any measure that we
undertake to prevent and combat terrorism must
comply with our obligations under international law, in
particular human rights law, refugee law and
international humanitarian law. We fully support the
United Nations Global Counter-Terrorism Strategy and
believe that its four pillars need to be implemented in a
balanced and holistic manner.
Let me first address some common aspects of the
work of the three counter-terrorism Committees, and
subsequently cover each of those subsidiary bodies of
the Council individually. The 1373, 1267 and 1540
Committees have recently worked more closely
together. The European Union welcomes this trend
towards a more coherent and integrated
implementation of United Nations counter-terrorism
policies. In this context, we would like to highlight
especially the importance of cooperation among the
Committees' expert groups. The common strategy to
engage with international, regional and subregional
organizations is another important step in this
direction. The European Union commends the practice
of joint visits to countries, reiterates its call for
effective follow-up and encourages further deepening
of the human rights element in those visits. We also
welcome the participation of the three Committees in
the work of the Counter-Terrorism Implementation
Task Force, of whose efforts the European Union has
been a staunch supporter.
As for the monitoring and promotion of the
implementation of resolution 1373 (2001) by the
Counter-Terrorism Committee (CTC), we value highly
the ongoing practice of making Preliminary
Implementation Assessments (PIAs) and the exercise
of taking stock of the progress made by Member States
in implementation. The European Union encourages
deeper integration of human rights elements in the
work of the CTC and the Counter-Terrorism Executive
Directorate (CTED) with Member States, especially
with regard to PIAs. We call on all States to reply to
the CTC in a timely manner, enter into dialogue with it
and follow up on its recommendations. We note that
the interim review of the CTED is to be conducted by
the Security Council by 30 June 2009, and we look
forward to it. The European Union welcomes the
CTC's revised technical assistance strategy, which is
aimed at improving match-making between potential
donors or providers of assistance and recipients. Both
the European Union and its member States have been
among the main assistance providers. We have
contributed through the CTC and CTED channels as
well as through other United Nations bodies such as
the Terrorism Prevention Branch of the United Nations
Office on Drugs and Crime. The European Union
recently decided to extend its cooperation with CTED
in the framework of the global counter-terrorism
outreach component under its Instrument for Stability
for the period 2009-2011. In January 2009, during the
visit of the CTED delegation to the European Union
Council's Counter-Terrorism Working Party meeting,
we committed ourselves to further support the CTC.
We likewise appreciate the intensified cooperation with
relevant regional and subregional organizations and, in
that context, the preparation of regional workshops.
Let me now turn to the 1267 Committee. The
European Union fully supports the Al-Qaida and
Taliban sanctions regime. We welcome the fact that
through the 1267 Committee, the Security Council has
strengthened human rights and due process
considerations in United Nations sanctions regimes,
and we hope that that trend will continue. The adoption
of resolution 1822 (2008) last June was an important
step in improving fair and clear procedures for the
imposition of sanctions and for the listing and
de-listing of individuals and entities. Last year, the
Belgian Chair successfully paved the way for
implementation of the resolution 1822 (2008) by
developing concrete modalities and reflecting them in
updated Committee guidelines, and launched the
review process. Under its present Austrian
chairmanship, the Committee has started reviewing the
names on the consolidated list and has published on the
Committee's website the first narrative summaries of
reasons for listing. The European Union is pleased to
see that the implementation of resolution 1822 (2008)
is being actively and efficiently carried out, with some
concrete results having already been achieved. For
their part, European Union member States are
committed to contributing to this process and
encourage all other Member States to do the same.
As members know, recent European Union court
cases on the Union's measures to implement the
Al-Qaida and Taliban sanctions regime have brought
new challenges. The European Union is currently
adapting its procedures for implementing the 1267
sanctions, in order to accommodate the requirements of
both the 1267 sanctions regime, in particular resolution
1822 (2008), and the European Court of Justice. The
European Union considers that the transparency and
procedures of the Al-Qaida and Taliban sanctions
regime need to be further enhanced and welcomes all
efforts in that regard. We are of the view that the draft
resolution to be adopted by the end of December 2009
will offer the right opportunity in that respect.
European Union member States are ready to
constructively contribute to this process.
Lastly, I would like to address the work of the
1540 Committee. The European Union considers it to
be an essential tool, complementary to existing
multilateral non-proliferation instruments, in
countering the threat that weapons of mass destruction
and their means of delivery could fall into the hands of
non-State actors, including terrorists. We reiterate the
importance of full implementation of resolution 1540
(2004) and in that context welcome the Committee's
report on modalities for considering a comprehensive
review of its implementation by Member States. We
further welcome the convening of an open-ended
meeting of the Committee this autumn, enabling
Member States to exchange views and share best
national practices ahead of the review. We express our
hope that the review will produce concrete and action-
oriented recommendations.
The European Union commends the Committee's
efforts to facilitate the provision of assistance to States,
as well as its cooperation with regional and subregional
organizations. The regional workshops are an
important part of the Committee's outreach effort and
of such cooperation. The European Union has pledged
to support the organization of those workshops
financially. I am proud to announce that as of today,
the first part of the amount pledged by the European
Union has been transferred to the Office for
Disarmament Affairs Trust Fund for Global and
Regional Disarmament Activities.
The European Union would like to join others in
thanking the members, experts and Chairmen of the
three Committees for the work already done and the
work under way. I would like to assure the Council of
the European Union's full commitment to support the
future work of the Committees.
The President (spoke in Russian): I now give the
floor to the representative of Cuba.
Mr. Moreno Fernandez (Cuba) (spoke in Spanish): We thank the Chairs of the Committees
established pursuant to resolutions 1267 (1999), 1373
(2001) and 1540 (2004) for the information they
provided.
For years, our country has submitted detailed
information to the Security Council on the terrorist
actions against Cuba. Our denunciations have received
no concrete response to date. Despite having all the
evidence necessary to accuse Luis Posada Carriles - a
person who is rightly considered to be the most
notorious terrorist of the western hemisphere - of
terrorism, the United States Government merely
follows a judicial process against him for minor
crimes. Cuba reiterates that the manner in which the
United States Government has addressed this case
constitutes a clear and flagrant violation of resolution
1373 (2001) and other relevant resolutions of the
Security Council and General Assembly, as well as
various international legal instruments related to the
fight against terrorism.
The Government of the Republic of Cuba calls
once again upon the United States authorities to try
Posada Carriles as a terrorist or to return him to the
Bolivarian Republic of Venezuela, which has requested
his extradition since 15 June 2005, almost four years
ago.
Cuba supports the position of the 118 States
members of the Non-Aligned Movement that oppose
the compilation of unilateral lists accusing States of
supposedly sponsoring terrorism. Such lists are
incompatible with international law and United Nations
resolutions.
On 30 April, for the twenty-eighth consecutive
year, the United States Government included Cuba on a
list of States that allegedly sponsor international
terrorism. Cuba firmly rejects the inclusion of our
country on that unilateral and spurious list, which is
politically motivated, biased and prepared by the
United States Department of State.
Throughout all these years, the flimsy excuses
cited to include Cuba on such a list have been many,
but their complete lack of veracity and objectivity and
the impossibility of justifying them have always been
evident. With the unjustifiable inclusion of Cuba on
that list, the new United States Government denies the
political rationality it publicly proclaims and follows
the errant trail blazed by its predecessors by resorting
to political manipulations and flagrant lies against
Cuba to justify its discredited, isolated and
unsustainable policy against our country at any cost.
Those preparing such lists have absolutely no
moral authority to present themselves as international
arbiters of terrorism able to certify good or bad
behaviour. The unimpeachable policy on terrorism of
the Cuban revolution is beyond question or doubt, let
alone those raised in Washington, DC. Cuba condemns
all terrorist acts, methods and practices in all their
forms and manifestations, wherever, by whomever,
against whoever committed and whatever their
motivation.
Cuban territory has never and will never be used
for organizing, financing or undertaking terrorist
actions against another country. The United States
Government could not make the same claim. It is not in
Cuba but in the United States that a terrorist mafia,
which has organized, financed and carried out
hundreds of terrorist actions against the Cuban nation,
acts with impunity.
Over the past 50 years, United States
administrations have been involved in repeated
terrorist actions that have killed 3,478 Cubans and
injured 2,099 and caused material losses amounting to
$54 billion. At the beginning of the victorious
revolution, the United States Government not only
welcomed hundreds of henchmen, torturers and
murderers from Batista's tyranny, who had caused over
20,000 deaths and fled revolutionary justice, but has
also maintained for five decades a policy of protecting
and harbouring any criminal reaching United States
territory after having committed crimes against Cuba
and its people.
Since the triumph of the revolution, United States
administrations have tolerated and even organized acts
of sabotage and destruction of civilian objectives in
Cuba; air and sea pirate attacks against defenceless
Cuban populations, coastal facilities and merchant and
fishing vessels; attacks against Cuban facilities and
personnel abroad, including diplomatic headquarters;
and hundreds of assassination attempts against Cuban
leaders. They organized and supported with their
armed forces the unsuccessful Bay of Pigs invasion,
and supported the burning of sugar cane fields, the
machine-gunning of Cuban territory and the murder of
members of our National Police and Coast Guard
troops, to mention just a few examples.
Cuba has relentlessly sought bilateral and
multilateral forms of cooperation to fight international
terrorism based on mutual respect and non-interference
in the internal affairs and the sovereign equality of
States. In that regard, on 29 November 2001, Cuba
offered to sign with the United States Government,
without conditions and in accordance with Security
Council resolution 1373 (2001), a bilateral counter-
terrorism programme. That proposal, reiterated on
several occasions, was rejected by the Bush
Administration with empty and irrational arguments. If
the new United States Administration truly wishes to
prove its commitment to the fight against terrorism, it
now has the opportunity to act firmly and without
double standards against various terrorist organizations
that have been attacking Cuba throughout all these
years from United States territory.
The United States Government has the
opportunity to render justice and free without further
delay five Cuban anti-terrorist fighters who have been
held as political prisoners for over 10 years in high-
security prisons, despite the fact that, with profound
altruism and courage, they were only trying to collect
information on Miami-based terrorist groups in order
to prevent violent acts and save Cuban and American
lives.
The United States has the opportunity to prove to
domestic and international public opinion that it is
capable of setting aside the petty interests of small
anti-Cuba groups and of defending the true interests of
its people and the international community. It is time
for the United States Government to act. It can stop
using the issue of terrorism for political ends and put
and end to the unjustifiable inclusion of Cuba on the
list of countries that supposedly sponsor terrorism.
Cuba reiterates its willingness to provide a more
detailed presentation on these matters to the Counter-
Terrorism Committee or to provide it with any further
information or clarification it considers necessary.
Double standards must not prevail. It is
impossible to eradicate terrorism if some acts of
terrorism are condemned while others are hushed up,
tolerated or justified. As it has always done, Cuba will
continue to abide strictly by the provisions of
resolutions 1267 (1999), 1373 (2001) and 1540 (2004),
and will maintain its cooperation with the subsidiary
bodies created under those resolutions.
The President (spoke in Russian): I now give the
floor to the representative of Norway.
Mrs. Juul (Norway): Norway appreciates the
opportunity to participate in this debate and we thank
the Chairmen of the three Committees for their
informative and interesting briefings here today. While
we are fully aware that today's topic is the work of
those Committees, I believe it could be useful to also
briefly touch upon the important work of the Counter-
Terrorism Implementation Task Force (CTITF).
Terrorism continues to pose a threat around the
world. The attacks that have been carried out serve as
reminders of the need for more effective counter-
terrorism measures. The United Nations Global
Counter-Terrorism Strategy is an important tool, in
particular because of its global backing and its
comprehensive approach. The shared will of all
countries to work together towards a common goal is
of great value and something we need to safeguard and
harness. In order for us to succeed, we need
coordinated, strategic and sustained engagement by
different parts of the United Nations system.
In that respect, let me point to the important role
of the CTITF, both in coordinating within the United
Nations system and in mobilizing support among
Member States. We note with satisfaction that the
counter-terrorism bodies established under the Security
Council are well integrated into the Task Force. We are
also pleased that the Task Force has received more
resources. Norway will continue to work with the
United Nations to promote and support the integrated
implementation of all four pillars of the Global
Strategy.
In responding to the threat of terrorism, short-
term efforts must not undermine long-term goals. Our
ability to resist shortcuts and laxity in the observance
of human rights is a value that we need to defend at all
times because, if we stray from those values, we
undermine the rule of law, energize those who wish our
societies ill and strengthen the hand of terrorists and
their networks. There is no contradiction between
security, on the one hand, and compliance with human
rights and the rule of law, on the other. The measures
we take must always comply with our obligations
under international law, in particular human rights law,
refugee law and humanitarian law.
Norway fully supports the work of the Committee
established pursuant to resolution 1267 (1999). We
have followed with great interest the efforts undertaken
by the Committee to implement resolution 1822
(2008), in particular the review of the consolidated list
of individuals or entities associated with Al-Qaida,
Osama bin Laden and/or the Taliban. All States
concerned, and not only Committee members, have an
obligation to provide accurate information related to
the review of the entries on the list. We welcome the
publication of the first narrative summaries describing
the reasons for listings, and look forward to subsequent
narrative summaries as the Committee's work in this
area progresses.
The Council has taken measures to better ensure
respect for procedural rights and due process in
relation to sanctions. While those measures are
important steps in the right direction, we believe that
efforts must continue until the Council has established
an effective and independent mechanism to review
listing and de-listing decisions. Norway therefore
supports the proposal that has been made to establish a
review panel of independent experts mandated to issue
non-binding recommendations on de-listing. That
proposal preserves the prerogatives of the Council and
strengthens the legitimacy and effectiveness of the
sanctions regime. We take this opportunity to
encourage the Council to consider adopting such a
mechanism.
Norway is a strong supporter of global efforts to
promote disarmament and the non-proliferation of
weapons of mass destruction. We continue to stress the
importance of the full implementation of resolution
1540 (2004) in that regard. We have taken due note of
the Committee's eighth programme of work. We are
encouraged to see that the Committee will continue its
outreach activities and promote dialogue with a view to
ensuring strengthened implementation of the
resolution. Regional seminars, as organized by the
Committee, contribute to capacity-building and
information-sharing. Norway has contributed
financially to those seminars.
Norway submitted its sixth report on the
implementation of resolution 1373 (2001) earlier this
year. We look forward to continued cooperation and
interaction in that regard. Norway stands ready to
consider any request for technical assistance to
enhance the implementation of resolution 1373 (2001).
We appreciate the initiatives to enhance
coordination between the three Committees. At the
same time, we encourage them to further explore the
possibility of strengthened interaction in pursuit of
synergies, without jeopardizing the efficiency of the
Committees' work.
Terrorism is a concern for all States, and all
States have a clear interest in following the work of the
United Nations on these issues. We commend the
Committees' efforts to increase transparency and we
encourage them to continue to consider ways of
improving information-sharing with the broader United
Nations membership.
The President (spoke in Russian): I now give the
floor to the representative of Morocco.
Mr. Loulichki (Morocco) (spoke in French): On
behalf of my delegation, Mr. President, I would first
like to convey to you our sincere congratulations and
our appreciation for your initiative to organize this
public debate on such an important issue. I would also
like to thank the Chairmen of the three Committees for
their comprehensive briefings and the useful
information they have given us on the current and
future work of the Committees.
The three Committees constitute an effective
mechanism within the Council's strategy to combat
terrorism, as well as an important component of the
United Nations architecture to combat that scourge. My
delegation therefore commends the efforts made by the
Committees' expert groups to continue to cooperate
with the Counter-Terrorism Implementation Task
Force, which was established with a View to ensuring
overall coordination and coherence in the counter-
terrorism efforts of the United Nations system. My
delegation also welcomes the initiatives of the three
expert groups with regard to technical assistance,
experience-sharing and information exchanges.
Morocco acknowledges and respects the leading
role of the Security Council in the maintenance of
international peace and security. We reiterate our
commitment to pursuing our efforts to
comprehensively implement the resolutions of the
Council aimed at combating terrorism. In line with our
resolute and priority commitment to combating that
scourge, Morocco strives to make its policy in that
regard both substantive and results-oriented at the
national, regional and international levels in the
framework of a proactive, comprehensive and
multifaceted approach aimed at protecting our citizens
and depriving terrorists of all possible means of
threatening regional and international peace and
security.
Our commitment is grounded in our firm belief
that terrorism is a complex phenomenon, which
therefore requires the efforts made to eradicate it to be
resolutely backed by synergistic efforts along several
tracks. Those, of course, include the security and legal
tracks, as well as the political, economic, social and
cultural. That approach includes the complete rejection
of terrorism by all Moroccans. In the context of
implementing preventive security laws and measures
and observing human rights and basic freedoms, that
approach also contributes to denying terrorists an
environment conducive to their actions.
Morocco remains determined to strengthen its
national capacities, bolstered by mobilizing all sectors
of its population and their commitment to the counter-
terrorist efforts of the public authorities.
It is precisely within the context of my country's
ongoing efforts to strengthen the legal institutional
framework that I would like to cite the recent step of
appointing last April the Chairman and members of the
Financial Intelligence Unit, a body tasked with fighting
against money-laundering.
The Mahgreb, the subregion to which my country
belongs, and the Sahel, an adjacent subregion, continue
to be exposed to terrorist acts, which, unfortunately,
prove once again that the terrorist threats to the
security of that area, the Euro-Mediterranean region
and well beyond are far from having been averted.
They also demonstrate that national efforts, however
significant, remain insufficient as long as they are not
based on lasting, effective and unconditional regional
and international cooperation.
My delegation, while welcoming the growing
awareness by the affected countries, and also by United
Nations bodies, of the constant and real nature of that
threat, would like to recall once again its true
conviction that, faced with the extent and intensity of
the terrorist threat in its various, complex and new
forms and in view of the increasingly close links that
international terrorism is forging with organized crime
and the trafficking in drugs and in human beings,
sincere and enduring commitment at the national and
international levels remains a sine qua non for
protecting us all from that scourge.
To that end, Morocco will spare no effort to
contribute to any initiative that supports joint
international action in this field. In that context and in
the framework of the follow-up to the fifth Conference
of Ministers of Justice of French-speaking African
Countries, Morocco, as a depositary, opened for
signature the Convention on Mutual Legal Assistance
and Extradition against Terrorism, which we hope will
contribute to strengthening cooperation among States
parties.
In conclusion, Morocco would like to reaffirm its
resolute and unequivocal condemnation of terrorism in
all its forms and manifestations, regardless of its
origins, motives or perpetrators, and to reiterate its
commitment to work within the framework of the
United Nations to eradicate that scourge.
The President (spoke in Russian): 1 now give the
floor to the representative of Israel.
Ms. Shalev (Israel): Allow me to congratulate
you, Sir, on your assumption of the presidency of the
Council for this month and to thank you for convening
this important debate.
Today, as we discuss the scourge of terrorism, the
world continues to see terrorism raise its ugly head
around the globe. These terrorists turn civilians into
targets, shields and weapons. There is no way to justify
the unjustifiable: the killing of the innocent. There
must be unanimous and unequivocal condemnation of
terrorism, irrespective of the motivation, by the world
community.
With that in mind, my delegation welcomes the
work of the three subsidiary bodies of the Security
Council, the able stewardship of their Chairpersons and
the informative briefings delivered earlier. Israel has
strengthened and will continue to strengthen its
capacity to work and cooperate with international
bodies to enhance collective efforts with respect to
counter-terrorism.
In the debate earlier today, some delegations
sought to explain terrorism. Let me stress that
terrorism is terrorism is terrorism and that we cannot
and should not try to justify it. That principle has been
reaffirmed in the General Assembly's Global Counter-
Terrorism Strategy, in numerous Security Council
resolutions and by the Secretary-General himself.
Nothing justifies the horrible phenomenon of terrorism,
which is the global plague of our time.
Let me also say that nothing can be more
appalling than to hear the justification of terrorism, and
nothing can be more ironic than to be lectured on
"commitments" to combat terrorism and on "measures"
to prevent terrorism, as we have just heard from the
Syrian representative. Let me remind the Council that
Syria supports, harbours, finances and trains terrorists
in our region.
As for the work of the three Committees, I wish
to comment on certain specific aspects that merit our
attention. Regarding the Counter-Terrorism Committee
and the work of the Counter-Terrorism Committee
Executive Directorate (CTED), I would like to thank
Mr. Smith for his able leadership. We are appreciative
of his ongoing dialogue with Member States, and the
regular updates on current affairs, to enable us to best
respond to and support his work.
The implementation of numerous reforms, as
articulated in resolution 1805 (2008) and in Mr.
Smith's organizational plan (see S/2008/80), led to
effective methods of work and sustained achievements
by the CTED. Israel looks forward to the interim
review report that will highlight ongoing plans,
successes and challenges during the remaining period
of its mandate.
We would also like to touch upon the policy
adopted in resolution 1805 (2008) relating to country
visits. That revised policy, which permits more tailored
visits to States and donors alongside traditional visits,
has proved to be an effective and valuable tool. This
policy has also contributed considerably to enhancing
technical assistance, and it enables the CTED to better
engage with donor and recipient countries. It is our
understanding that many requests for assistance were
successfully responded to and resulted in tangible
support.
With the successful enhancement of technical
assistance, Israel would welcome similar emphasis on
the implementation of resolutions 1373 (2001) and
1624 (2005), as outlined in those resolutions, as well as
subsequent resolutions, including resolution 1805
(2008). In that regard, Israel is encouraged by the
dialogue between Member States and the CTED with
regard to the Preliminary Implementation Assessments,
and we look forward to the finalization of the technical
guide that will serve as a road map for the
implementation of resolution 1373 (2001).
The Al-Qaida Sanctions Committee remains an
important part of our efforts to isolate terrorists and
their means to inflict harm. Regarding the work of that
Committee, Israel welcomes the progress towards
promoting clear and fair procedures concerning the
inclusion of individuals on the consolidated list. My
delegation realizes that the ongoing review of
individuals and entities placed on the consolidated list,
with the aim of ensuring clear and fair procedures, is a
dynamic process that allows for further improvement.
In that regard, resolution 1822 (2008) was a
major step forward, and the next renewal of the
mandate of the 1267 sanctions Committee in December
should consider further improvements. We believe, in
particular, that the publication of the statement of case
will further enhance the ability of Member States to
implement sanctions against the said individuals and
entities.
In relation to the work of the 1540 Committee,
Israel firmly supports resolution 1540 (2004), the work
of the Committee and the subsequent renewal of its
mandate. Israel remains committed to the
implementation of resolution 1540 (2004) and calls on
other Member States to ensure their compliance with
the resolution in order to redouble our collective efforts
on this critical issue.
Israel continues to believe that the convergence of
terrorism and weapons of mass destruction - chemical,
biological, nuclear and radiological weapons -
represents a grave global threat. We must continue to
seek and implement measures that keep the world's
most dangerous weapons out of the hands of the
world's most dangerous individuals. Israel fully
supports the renewal of the mandate of the 1540
Committee and believes that it is critical to continue to
develop international standards against the use and
proliferation of weapons of mass destruction.
In order to increase the dialogue among Member
States and the 1540 Committee, my delegation believes
that receiving periodic briefings by the expert
coordinator would enhance Member States'
understanding of the work of the Committee.
On a broad level, my delegation believes that we
must actively and robustly support the work of the
counter-terrorism committees of the United Nations, as
well as the work of Member States in this regard. Close
cooperation and coordination among all three
subsidiary bodies and the Counter-Terrorism
Implementation Task Force (CTITF) is also of the
utmost importance. With the relocation of the CTITF to
the Department of Political Affairs, we hope that such
integration will further augment and enhance
cooperation.
Furthermore, the international community must
address in a proactive and operative manner the threat
posed by the transfer of weapons and capabilities by
some Member States to terrorist organizations in our
region. The danger emanating from the continuous
smuggling of arms is evident in our region, where
ongoing efforts by Iran and Syria provide terrorist
organizations - in particular, Hamas in Gaza and
Hizbollah in Lebanon - with sophisticated and deadly
weapons.
This support - which constitutes a violation of
numerous Security Council resolutions - not only
threatens Israel, but also undermines the stability of
our entire region. This phenomenon and its
consequences are recognized by many Governments in
our region, and they must be confronted by the
international community in the strongest possible
terms.
We in Israel are all too familiar with the
horrifying toll that terrorism exacts, and so I wish to
thank you once again, Mr. President, for convening
today's important meeting. However, while our
condemnation of terrorism today is important, it is not
an end in itself. Our words here will not protect
innocent men, women and children from the evils of
terrorism. Only our collective action will.
We appreciate this opportunity for dialogue and
an exchange of ideas, and we are prepared to continue
to do our part. Nothing justifies terrorism, and we must
do all that we can to eradicate this threat. The world
expects nothing less, and humanity deserves so much
more.
The President (spoke in Russian): I give the
floor to the representative of Argentina.
Mr. Argiiello (Argentina) (spoke in Spanish): We
thank you, Sir, for organizing this open debate, and the
Chairmen of the Committees established pursuant to
resolutions 1267 (1999), 1373 (2001) and 1540
(2004) - the representatives of Austria, France and
Costa Rica, respectively - for their briefings. Please
allow me, Sir, to reiterate the importance of open
debates of this type because they allow all the States
Members of the Organization to express their opinions
and interact with the members of the Security Council.
On a daily basis, we see that the use of force
cannot and must not be the only response to terrorism.
Convinced of this fact, my country has ratified the
12 United Nations conventions on terrorism and
adopted corresponding domestic measures. It has also
ratified the Inter-American Convention against
Terrorism and signed the International Convention for
the Suppression of Acts of Nuclear Terrorism.
Argentina recognizes that terrorism is a crime or
a set of crimes that must be tried under criminal law
within the framework of efficient legal systems, with
the necessary resources and due process guarantees.
The work of the three Committees, whose joint report
brings us together today, is of special significance,
particularly regarding technical assistance to
strengthen security, police and judicial systems. Allow
me therefore to refer briefly to the work of the
Committees established pursuant to resolutions 1267
(1999), 1373 (2001) and 1540 (2004) with respect to
our country.
Argentina's commitment to the non-proliferation
of weapons of mass destruction and their means of
delivery is a clear contribution to international peace
and security, allowing at the same time the
development and application in the domestic realm of
dual-use technologies for peaceful purposes as we
progress towards economic growth and sustainable
development. It must be recalled that Argentina is to
date the only Latin American country to belong to the
five regimes for the export control: the Australia
Group, the Zangger Committee, the Nuclear Suppliers
Group, the Wassenaar Arrangement and the Missile
Technology Control Regime.
In compliance with the obligations arising from
resolutions 1540 (2004) and 1810 (2008), Argentina
has submitted its national report and subsequent
updates. In the domestic arena, and with the initial
support of the United States Department of Energy, we
have established a technical group to provide training
in the identification of sensitive goods, and entrusted it
with training national and foreign invited experts in
relevant technologies. The most recent course was held
in 2008 and attended by experts from Chile, Paraguay,
Peru, Uruguay and South Africa, the latter participating
as observers.
At the regional level, my country, convinced that
the effective control of technologies and dual-use
material is possible only through the explicit
harmonization of legislation and operative mechanisms
at the regional level, hosted a seminar of the
Organization of American States on the implementation
of resolution 1540 (2004), held in Buenos Aires in May
2008, with the participation of 22 countries of the
region and representatives of relevant international
organizations. My country also promoted the
establishment in the subregional context of the South
American Common Market working group on weapons
of mass destruction, which meets regularly.
In the context of its commitment, in June,
Argentina will host a regional seminar on the
suppression of acts of nuclear terrorism, jointly
organized by the United Nations Office on Drugs and
Crime and the Inter-American Committee against
Terrorism of the Organization of American States.
Representatives of 12 countries of the region have been
invited to participate. In this context, the seminar is
expected to hold a substantive exchange of views on
resolution 1540 (2004) and its contribution to the
prevention of nuclear terrorism, as well as on the
Inter-American Convention against Terrorism and its
implementation.
Finally, allow me to reiterate the offer made by
my country in March to the Chairman of the 1540
Committee to cooperate most fully in implementing
regional plans of action and to share our experience in
the progressive implementation of various disarmament
and non-proliferation measures. We also recall our
proposal, also made in March, to coordinate late this
year the organization of a workshop on the issue for
Latin American countries with the purpose of sharing
local experience in promoting and developing similar
activities in other subregional groupings. We trust that
we will be able to rely on the necessary support from
the 1540 Committee.
As regards the application of sanctions to
individuals and entities related to Al-Qaida and the
Taliban regime through the 1267 Committee, my
delegation considers that its revised guidelines can
show the way to other Committees in fulfilling the
mandate given by our heads of State at the 2005
Summit to ensure the existence of clear and fair
proceedings not only for including persons and entities
on the lists of sanctions, but also for de-listing them
and granting humanitarian exceptions. Argentina is
convinced that the international community must
redouble its efforts to include and respect the basic
elements and minimum standards of due process in all
actions undertaken to combat terrorism. It is necessary
to achieve a proper balance between security
imperatives and respect for human rights. In that
regard, my delegation deems it essential to strengthen
the relationship and cooperation between the three
Committees and the Human Rights Council, the High
Commissioner for Human Rights and the Special
Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering
terrorism. We also believe that such issues as the rule
of law, due process guarantees and respect for human
rights are fundamental elements in the work of the
Committees' counter-terrorism efforts.
Allow me to conclude by reiterating that
Argentina reaffirms that the fight against terrorism
must be based on respect for international law,
international humanitarian law, international human
rights law and the purposes and principles of the
Charter of the United Nations.
The President (spoke in Russian): I give the
floor to the representative of the Bolivarian Republic
of Venezuela.
Mr. Valero Bricefio (Bolivarian Republic of Venezuela) (spoke in Spanish): Our delegation
congratulates you, Sir, on your accession to the
presidency of the Security Council for the month of
May, and takes note with interest of the three briefings
given by the representatives of Austria, France and
Costa Rica.
It is imperative that all States comply with their
international legal obligations and cooperate in the
implementation of United Nations resolutions on
countering terrorism. When crimes against humanity
are not punished and the use and abuse of State
terrorism are tolerated, it affects the consolidation and
promotion of democracy, the freedom of peoples and
international peace and security.
Our country reiterates its full condemnation of
terrorism and reaffirms its commitment to countering it
in all its forms and manifestations, with strict
adherence to international law, in particular
international human rights law and international
humanitarian law. Venezuela has been absolutely
consistent in its adherence to the Global Counter-
Terrorism Strategy, adopted in September 2006 by the
General Assembly in its resolution 60/288.
On 28 May 2008, the Permanent Council of the
Organization of American States, upon Venezuela's
request, adopted a declaration on strengthening
cooperation in the fight against terrorism and the
impunity of perpetrators, based on Security Council
resolution 1373 (2001). The declaration notes that
terrorism in all its manifestations affects the full
enjoyment and exercise of human rights and represents
a serious threat to peace. The declaration emphasizes
that all States shall deny safe haven to those who
finance, plan and commit terrorist acts or support them.
On 6 October 1976, a Cubana de Aviacion plane
exploded in the air. Seventy-three people died as a
result of a criminal action planned and carried out by
Luis Posada Carriles, Orlando Bosch and other
terrorists. Posada Carriles, a convicted and confessed
criminal, who was sentenced in our country and was
serving his punishment, escaped from a Venezuelan
prison with outside help.
The Venezuelan Government, upon learning of
the presence of this terrorist in the territory of the
United States and the freedom he enjoys there,
requested his extradition so that he should answer to
the law of Venezuela, in accordance with existing
bilateral cooperation agreements on this matter. The
Bolivarian Government reiterates the request of
extradition of terrorist Posada Carriles so that he can
be prosecuted for his crimes in Venezuela.
In conclusion, Venezuela reiterates its call upon
the Security Council and the Counter-Terrorism
Committee to activate all the mechanisms available to
them and demand the implementation of resolution
1373 (2001) to allow the timely extradition to
Venezuela of terrorist Luis Posada Carriles.
The President (spoke in Russian): I call on the
representative of Pakistan.
Mr. Haroon (Pakistan): Let me start by
expressing my felicitations to you, Sir, on your
assumption of the presidency of the Security Council
and on your very able handling of the Council this
month. I would also like to remember and thank my
colleague the previous President, Mr. Claude Heller,
for his excellent work last month.
I would like to thank the Chairmen of the
Al-Qaida and Taliban Sanctions Committee, the
Counter-Terrorism Committee and the Committee
established pursuant to resolution 1540 (2004) for their
briefings today. These are valuable briefings that give
us a good opportunity for direct interaction between
Member States and the Committees.
The threat of terrorism today has become a reality
of the century. I have to say, regretfully, that as this
particular menace assumes a new dimension every
year, we must face the scourge with ever increasing
ferocity. But it is not something that we consider to be
new. In the annals of history, very often we see that, as
States become more civilized and make further
progress and as civilization assumes a far wider
foundation, there is a threat that arises from those who
cannot keep pace with it or accept the decency, values
and laws of civilized nations. Today, when we take a
look at what surrounds civilized countries and those
who aim to further civilize their countries, we can only
say that terrorism has the most obscurantist face that
any "ism" can have in this world. But today, we must
recognize the fact that it is also an international
challenge which, unfortunately, will not go away. It
deserves our unequivocal condemnation in all its forms
and manifestations.
The Government and people of Pakistan - our
leadership, political parties and everyone else,
including the common man on the street - are today
facing and confronting the dilemma of terrorism in
Pakistan. For too long, we waited for the norms of
normal people and normal Governments and laws that
are all-pervasive in their naturalness to take over and
for these people to realize that what they are doing is
not only condemnable, but is rending asunder the
fabric of our nation.
For too long, we hoped and stood and tried to
remedy by international norms what these people were
doing to the country, and today, Council members must
be well aware that a few weeks ago the people of
Pakistan, demonstrating in the streets of most of the
country, proclaimed not only their opposition to those
terrorists, but also forced their Government to take
final action to terminate what those people had started
in Pakistan.
Today, as all are aware, in one of the most
important valleys of the north-West Frontier Province
of Pakistan, the Pakistan Army is confronting the
Taliban, Al-Qaida and any other terrorists that have
made the lives of these people very difficult. There is a
common misconception that the terrorists are locally
supported. Well then, those so misinformed have not
heard of the floggings, the executions, the slitting of
throats, the taking away of youngsters of
indeterminable age from various parents, or of
anything else that could be considered barbaric.
The Pakistan Army has moved. Unfortunately,
there has been a very heavy dislocation of people in the
process, and today over 2.5 million people, more than
those displaced at the start of the Afghan situation,
have unfortunately been forced to leave their homes
and come down from the valleys into a blistering
Pakistani summer on the plains, with temperatures
varying from 45 to 50 degrees centigrade. It is a
difficult situation, with widespread illness and disease,
including stomach ailments and so much more,
including death caused by heat.
The problem is that the people had to move in
order to save themselves from being used as human
shields by the Taliban and the terrorists. A large
number of the people have moved into camps. I am
very grateful to Secretary-General Ban Ki-moon, and
Mr. Khalikov of the Office for the Coordination of
Humanitarian Affairs, who took immediate cognizance
of the situation and are in Pakistan already. The
announcement by the Secretary-General and the
Department of Political Affairs are, for my delegation,
a significant contribution and step forward, and with
such measures the international community can help us
regain some sanity in rehabilitating those people.
In November 2006, the Counter-Terrorism
Committee Executive Directorate (CTED) visited
Pakistan. The team interacted with the representatives
of relevant ministries, departments, law enforcement,
security agencies and immigration authorities in Pakistan.
The team, with its focus on capacity-building - which I
think is the core of what needs to be done - and on
implementation of Security Council resolutions,
prepared a comprehensive report on the visit. The
mission and the CTED are still interacting with us on
the outcome of that visit.
The Government of Pakistan has advanced quite
substantially since then. We have initiated legislation.
An anti-money-laundering law has been put into effect
and has had substantial impact. A financial monitoring
unit has been established in the State Bank of Pakistan -
our central bank. So far, I am pleased to inform the
Council that 128 bank accounts and 747.08 million
Pakistani rupees have been frozen on the instructions
of that institution. We are implementing the
comprehensive international standards embodied in the
40 recommendations and nine-special recommendations
of the Financial Action Task Force. Money-laundering
has been made an extraditable offence. This was a very
important matter that needed to be addressed.
We are an active member of the Asia/Pacific
Group on Money Laundering and we have also decided
to shortly become a party to the International
Convention for the Suppression of the Financing of
Terrorism. We are also working on other important
recommendations of the CTED, although some legal
recommendations would require further studies to
understand in terms of our own laws.
On the same account, the CTED had promised to
assist Pakistan in the capacity-building area. Our law
enforcement agencies are in dire need of basic counter-
terrorism equipment, including safety vests, night
vision equipment, communications equipment, wireless
interceptors and monitors. So far, not enough has been
done in that regard. We trust that the Counter-
Terrorism Committee and the CTED, under the able
leadership of Ambassador Mike Smith, will soon be
able to help us further in that area.
The Al-Qaida and Taliban Sanctions Committee
and its Monitoring Team have been assigned a difficult
job. Some difficulties arise from the exclusive nature
of the mandate, as there are tendencies to compare the
successes of the 1267 sanctions regime with the
failures of the resolution 1566 (2004) initiative. We
hope that one day the Security Council will
contemplate combining different initiatives into a
comprehensive counter-terrorism sanctions regime.
Since the adoption of resolutions 1735 (2006) and
1822 (2008), a lot has been done to improve the
Al-Qaida and Taliban sanctions regime. The
Committee has done a good job by adding additional
identifiers to the listing requirements. That will be
helpful to ensure the effective implementation of the
sanctions and will also reduce chances of mistaken
implementation.
The biggest challenge to the sanctions regime,
however, comes from the increasing number of court
cases. The preventive nature of the sanctions makes the
listings very simple and enforcement-friendly.
However, the legal community is more inclined to
favour verifiable evidence that could be acceptable in a
court of law. It also raises the questions of due process
and effective remedy. A number of listings have been
challenged in Pakistani courts. The publicly releasable
case statements, comprised mainly of questions raised
at the time of listing, might not be sufficient to win
those cases. We will have to consider exclusive sharing
of the verifiable evidence with the courts and the
fixation of a time limit for the effectiveness of a listing.
In Pakistan, we are doing our best to ensure the
effective implementation of the sanctions regime. The
democratic Government has left no stone unturned to
ensure that those on the sanctions list are subjected to
the assets freeze, travel ban and other sanctions
elucidated in the relevant resolutions and domestic law.
We have also benefited from the visits of the Al-Qaida
and Taliban Sanctions Monitoring Team to ensure
effective implementation of the sanctions.
Pakistan was a member of the Security Council
when resolution 1540 (2004) was adopted. We joined
the consensus because we concurred that there was a
gap in the international rules relating to the acquisition
and illicit transfer of weapons of mass destruction by
non-State actors. We also agreed that the matter was
important and urgent enough to be addressed in an
exceptional manner. However, we hoped that the
arrangement would not be perpetuated at the cost of the
revival and effectiveness of the multilateral
disarmament machinery.
In conclusion, I would once again underscore the
evolving nature of the counter-terrorism challenges we
are facing and the usefulness of briefings such as those
we have had today.
The President (spoke in Russian): I now give the
floor to the representative of Liechtenstein.
Mr. Wenaweser (Liechtenstein): I would like to
thank the Chairpersons of the sanctions Committees
who provided briefings to this body this morning. I
would also like to take this opportunity to reiterate our
commitment to international cooperation in the fight
against terrorism. We join others in the unequivocal
condemnation of all terrorist acts, irrespective of their
motivation and wherever and by whomever they are
committed.
In January 2009, Liechtenstein submitted its sixth
report to the Counter-Terrorism Committee, in
response to the comments contained in the Preliminary
Implementation Assessment (PIA) prepared by the
Counter-Terrorism Executive Directorate. We appreciate
the PIA as a useful tool to measure success in the
implementation of resolution 1373 (2001), and would like
to highlight some recent domestic measures taken by
Liechtenstein.
In March 2009, new legislation entered into force
aimed at preventing the use of the financial system for
money laundering and terrorist financing, thereby
substantively implementing the third European Union
Directive on Combating Money-Laundering. Also in
March, a new comprehensive sanctions act entered into
force. The law improves the legal basis for cooperation
with international organizations in the implementation
of sanctions and increases penalties for sanctions
violations. Liechtenstein will continue to take all
necessary measures, in conformity with the rule of law
and applicable human rights standards, to prevent any
potential abuse of its financial centre for terrorist
purposes.
We are grateful for the insightful report that the
Monitoring Team of the Committee established
pursuant to resolution 1267 (1999) published recently.
We particularly appreciate the update about the status of
various legal proceedings challenging the compatibility of
the consolidated list with applicable human rights
standards, especially with respect to domestic
implementation measures.
We take note of recent findings as well as
ongoing proceedings of the Human Rights Committee,
the European Court of Justice, the European Court of
Human Rights and domestic courts in several
countries, as we have just heard from our colleague
from Pakistan. We encourage the Council and the 1267
Committee again to engage in a dialogue with
interested States on how to ensure that fair and clear
procedures exist for placing individuals and entities on
the consolidated list and for removing them, as well as
for granting humanitarian exemptions, thus fulfilling a
long-overdue target we set ourselves in the Summit
Outcome Document of 2005. The target date for further
reforms and review should be the upcoming renewal of
resolution 1822 (2008) at the end of this year.
In that context, we would like to recall the
discussion paper of May 2008, contained in document
S/2008/428, in which Liechtenstein, together with a
group of like-minded countries, formulated suggestions
for an expert panel to assist the 1267 Committee in the
consideration of de-listing requests before it. I would
like to stress that this is not a static proposal but simply
a starting point for a discussion in which numerous
concerns must be taken into account. In the light of the
developments that have taken place since last May, in
particular some of the most prominent court cases, we
are ready to contribute fresh ideas to such a dialogue.
We also know that a number of other countries from
various regions, Council members and non-members
alike, are interested in contributing in that respect.
Due process standards in the Council's terrorism-
related targeted sanctions are only one within a range
of issues that need to be addressed in order to ensure
that the international fight against terrorism is
undertaken in conformity with applicable standards of
human rights and international humanitarian law. In
this spirit, earlier this month we were pleased to host,
together with Mexico, a presentation at United Nations
Headquarters of the findings of the Eminent Jurists
Panel on Terrorism, Counter-Terrorism and Human
Rights. The report illustrates that security and human
rights are not mutually exclusive, but that human rights
are a necessary basis for legitimate and effective action
against terrorism. Human rights standards inherently
balance sometimes competing interests and provide
important guidance where difficult choices need to be
made. In recent years, this balance has been sorely
lacking in many parts of the world. We would therefore
like to echo the Panel's call for a leadership role for the
United Nations, and the Council in particular, in
restoring respect for human rights in the counter-
terrorism efforts of its agencies and Member States.
The President (spoke in Russian): I would like to
thank all representatives for their kind words addressed
to my delegation in connection with Russia's
presidency of the Security Council for this month.
The representative of the United States of
America has asked for the floor to make an additional
statement.
Mr. Donovan (United States of America):
Contrary to the statements the Security Council has
heard this afternoon, the United States has taken a
number of actions with respect to Luis Posada Carriles.
Most recently, the United States sought and obtained a
criminal indictment in United States federal court
charging Posada Carriles with violations of our
immigration laws. On 8 April 2009, new criminal
charges were brought against Posada Carriles in that
case, accusing him of lying about his involvement in
certain terrorist bombings in Havana, Cuba. The case is
currently scheduled for trial later this year.
The President (spoke in Russian): The
representative of the Syrian Arab Republic has asked
for the floor to make an additional statement. I invite
him to take a seat at the Council table and to make his
statement.
Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): I apologize for taking the floor once again at
the conclusion of today's important meeting of the
Security Council.
Nothing can justify terrorism. My country
resolutely denounces terrorism, regardless of its
manifestations, the motives behind it or the
justifications made for it. That is the consensus legal
position of the international community endorsed in the
Global Counter-Terrorism Strategy. My country
actively participates in the Strategy and played a part
in its adoption.
With regard to the nonsensical and futile attempt
of the representative of Israel to confuse the
international phenomenon of terrorism, which
everyone condemns, with the right of peoples under
foreign occupation to resist, it deceives no one. As the
Council is well aware, the main objective of that effort
is to distract attention from the terrorism carried out by
the State of Israel in occupied Palestinian territories,
occupied Syrian Golan and the remaining occupied
Lebanese territories.
In a historic resolution, the United Nations has
acknowledged that foreign occupation is the worst
form of aggression. Moreover, the Charter guarantees
the right of peoples to freedom and liberation from
occupation and colonization. Thus, the representative
of Israel's insistence that Palestinian refugees - who
have been expelled from their homeland by Israeli
terrorism and dispersed in neighbouring territories and
throughout the world - should be considered to be
terrorists is a futile attempt to push the clock back and
to restore a colonialist mentality to international
relations. This undermines the United Nations Charter.
The millions of Palestinian refugees in
neighbouring countries and throughout the world have
the right of return to their homeland, in accordance
with General Assembly resolution 194 (III) of 1948.
My country and the overwhelming majority of
Members of this international Organization support the
right of those Palestinian refugees to return to their
homeland. My country insists on the full
implementation of the rules of international law and
the relevant United Nations resolutions.
The world has witnessed the extent of Israeli
State terrorism against the Palestinian population in
Gaza, against the Lebanese and against the Syrian
residents of the occupied Syrian Golan. The United
Nations has adopted hundreds of resolutions that
condemn Israeli occupation and call for an end to it.
Memories are not so short, and everyone knows
perfectly well the true face of terrorism in our region.
The United Nations archives are full of evidence and
proof of the extent of Israeli terrorism. If that terrorism
had not enjoyed protection by some parties through the
privilege of the veto, wielded on dozens of occasions,
the representatives of Israel would be most reluctant to
appear before the Security Council and address it on
terrorism. They are the masters and the custodians of
terrorism.
The President (spoke in Russian): The
representative of Cuba has asked to make a further
statement, and I call upon him now.
Mr. Benitez Versen (Cuba) (spoke in Spanish): I
have requested the floor to reply briefly to the
comments made by the representative of the United
States a few minutes ago. The United States authorities
merely repeat again and again - as they have done
today - justifications for their actions in this case,
saying that Posada Carriles is being subjected to a
criminal trial in their country. What they do not say is
that they have never indicted him for terrorist
activities, but continue to handle the case as though it
merely involved illegal immigration and other minor
charges.
The Government of the United States possesses
all the evidence and information it needs to prove
Posada Carriles's guilt in the mid-flight explosion of a
Cubana de Aviacion aircraft, taking the lives of
73 innocent persons. It also knows that in 1997 Posada
conceived and led a series of terrorist acts using
explosives against hotels in Havana - among many
other repellant actions in the course of his long career.
The terrorist himself has publicly confessed his
horrible crimes. So, we wonder what more is needed
before action is taken.
Cuba once again calls upon the United States
authorities to try Posada Carriles as a terrorist, or to
return him to the Bolivarian Republic of Venezuela,
which for nearly four years has been requesting his
extradition.
Cuba is convinced that the only effective way to
prevent and combat terrorism is through bilateral and
multilateral cooperation among all States on the basis
of mutual respect, non-interference in internal affairs
and the sovereign equality of States. We reiterate that if
the new Government of the United States truly wishes
to demonstrate its commitment to the fight against
terrorism, it now has a chance to act firmly, without the
use of double standards, against the terrorist
organizations that for all these years have been
committing aggression against Cuba from the territory
of the United States.
The current United States Administration has the
opportunity to stop using terrorism for political
18
purposes and to put an end to the unjust and unfounded
inclusion of Cuba on the list of countries that allegedly
support terrorism - a list prepared unilaterally by the
United States Department of State.
Let me say in conclusion that it is up to the
United States Government to put Posada Carriles on
trial for what he is - a terrorist - and to move
forward on the path of cooperation rather than that of
confrontation.
The President (spoke in Russian): There are no
further speakers inscribed on my list. The Security
Council has thus concluded the present stage of its
consideration of the item on its agenda.
The meeting rose at 5.10 p.m.
09-34980
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