S/PV.6424 Security Council
Provisional
The meeting was called to order at 10.05 a.m.
I should like to inform the Council that I have received a letter from His Excellency Mr. Pedro Serrano, in which he requests to be invited, in his capacity as Acting Head of the Delegation of the European Union to the United Nations, to participate in the consideration of the item on the Council’s agenda. If I hear no objection, I shall take it that the Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to His Excellency Mr. Pedro Serrano.
There being no objection, it is so decided.
I invite Mr. Serrano to take the seat reserved for him at the side of the Council Chamber.
The Security Council will now begin its consideration of the item on its agenda. The Council is meeting in accordance with the understanding reached in its prior consultations.
At this meeting, we will hear briefings by His Excellency Mr. Thomas Mayr-Harting, Chairman of the Security Council Committee established pursuant to
resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities; His Excellency Mr. Ertuğrul Apakan, Chairman of the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism; and His Excellency Mr. Claude Heller, Chairman of the Security Council Committee established pursuant to resolution 1540 (2004).
Before giving the three Chairmen the floor, I would like to make some introductory remarks.
This briefing will be the last by all three Chairmen in their current capacities. It is also the last briefing before the expiry of the mandates of both the Counter- Terrorism Committee Executive Directorate (CTED) and the 1540 Committee. I have therefore agreed with the Chairmen that they will, in addition to their statements on behalf of their Committees, offer their views on the future of those Committees in a national capacity. Therefore, each will deliver an abbreviated version of their Committee’s statement. More detailed versions of their reports will be distributed today, and will be made available on the respective websites of the three Committees in due course.
At the outset, Mr. Mayr-Harting will make a joint statement on behalf of the Committees established pursuant to resolutions 1267 (1999), 1373 (2001) and 1540 (2004). Following that joint statement, the Council will hear briefings by the three Chairs of those Committees. I now give the floor to Mr. Mayr-Harting.
On behalf of the Chairmen of the three subsidiary bodies of the Security Council, I would like to give an update on the continued cooperation among the Committees and their expert groups, as requested by the Council in recent resolutions pertaining to the three Committees. I will also give an abbreviated version of this joint report and would refer members of the Council to the full text, which will also be circulated.
The three Committees attach great importance to the coordination and cooperation among their expert groups — namely, the Monitoring Team, the Counter- Terrorism Committee (CTC) Executive Directorate (CTED) and the 1540 Committee experts. The Committees welcome the continuing efforts of the expert groups regarding joint outreach activities, exchange of information and joint meetings, and encourage the groups to further enhance the coordination of those activities.
On the occasion of previous briefings, a comparative table was issued to highlight the main aspects of the respective mandates and areas of competence of the three Committees. Today, in order to highlight the ongoing cooperation among the three expert groups, we also intend to distribute a table prepared by the groups. That table will also be posted on the respective websites.
Cooperation is of the utmost importance when it comes to outreach and exchange with Member States and international organizations. Cooperation has increased with regard to the coordination of visits to Member States and participation at relevant conferences, joint visits to States and participation in workshops organized by one of the expert groups or under the auspices of one of the Committees. The Committees continue to believe that those coordinated visits and workshops are very important tools to enhance the dialogue with Member States, to help improve the understanding of the distinct although connected and complementary mandates of the three Committees and to assist Member States in the implementation of the relevant resolutions. As an important step in that regard, we welcome the recently finalized common strategy of the three expert groups to engage with international, regional and subregional organizations.
In accordance with the needs expressed by Member States, the three expert groups have commenced exchanging information on the technical assistance needs of particular countries, with a view to furthering cooperation in that domain while bearing in mind the different mandates and roles of each Committee with regard to technical assistance.
Information exchange is another important area of cooperation, which is also dealt with in greater detail in the joint report.
In addition to outreach activities and internal exchange of information, the three expert groups continue regular meetings among the heads of each team, as well as at the expert level, in preparation for visits, workshops and other joint activities.
Moreover, the CTC invites the Monitoring Team, the 1540 Committee experts, the Counter-Terrorism Implementation Task Force (CTITF) and other relevant United Nations offices on a regular basis to meetings with international and regional organizations. The 1540 Committee working group on cooperation with
international organizations has also invited the other two expert groups to meetings with international organizations.
One point that I would like to refer to in greater detail is the issue of co-location. The co-location of the three expert groups would greatly contribute to enhanced cooperation and information exchange among them. In that context, I would like to recall that in resolution 1904 (2009) and as recently reaffirmed in the presidential statement adopted on 27 September 2010 (S/PRST/2010/19), the Security Council reiterated the need to enhance ongoing cooperation among the three Committees and their respective expert groups and requested the Secretary-General to make the necessary arrangements for the groups to be co-located as soon as possible. In order to underline the importance of this matter, the three Chairmen recently wrote to the Secretary-General to draw his attention to that request by the Security Council.
As the three expert groups are also members of the CTITF, the Task Force provides an additional framework within which the groups can further coordinate their activities and share information.
Terrorism and the proliferation of weapons of mass destruction to non-State actors continue to be a global threat to international peace and security that requires a global answer. Cooperation and coordination are therefore crucial elements in those efforts. The three subsidiary bodies of the Security Council and their respective expert groups are committed to continue to cooperate and to coordinate their work, within their respective mandates, in order to contribute to an effective and efficient approach within the overall United Nations framework, and within the broader efforts of the international community. We recently convened a meeting with representatives of the three Committee Chairmen and the three expert groups to exchange information about the status of ongoing cooperation and to explore further ways to enhance it.
Ambassador Apakan, Ambassador Heller and I have prepared some personal observations on the aspects of cooperation based on our experience as Chairmen of these three Committees. Given the limited amount of time available, I will also not read out those observations. However, copies will be distributed in the Chamber. Nevertheless, we hope that those observations will find interested readers, in particular as the upcoming mandate renewal of CTED at the end
of this year could be the next opportunity for the Security Council to provide further guidance on these areas of common interest.
I thank Mr. Mayr-Harting for that statement. I now give him the floor once again in his capacity as Chairman of the Security Council Committee established pursuant to resolution 1267 (1999), concerning Al-Qaida and the Taliban and associated individuals and entities.
Again, as you requested, Mr. President, I shall abbreviate my text and read out what I consider to be the most important elements. The rest will be circulated among colleagues.
Since I last briefed the Council in May 2010 (see S/PV.6310), there have been a number of significant developments in the work of the Committee and the sanctions regime it is tasked to oversee. I therefore welcome this opportunity to update the Council.
The review process, which was the first of its kind conducted by a United Nations sanctions committee, has been the main focus of the Committee’s work over the past two years. It has served as an important function both in improving the quality of the consolidated list and in advancing the overall credibility and transparency of the Committee. The Committee concluded its review on 29 July, after the Security Council extended the review period by one month. On 29 July, I also gave an open briefing to all Member States on the results of the review. I will therefore only briefly recapitulate the main results, which I consider quite impressive.
Of the 488 names reviewed, the Committee found that the listings remained appropriate for 443, and removed 45 names from the list. In addition, de-listing requests submitted for 58 names in the course of the review remain under the consideration of the Committee.
The review demonstrated that the Committee relies heavily on the cooperation of Member States, for which we were grateful. I am confident that the high level of engagement has contributed to a better understanding of the Committee’s work.
In a similar vein, the Committee reiterates its standing invitation to Member States to attend Committee meetings to discuss relevant issues. We recently discussed a new approach to invite Member
States to take a more active part in forthcoming reviews.
The Monitoring Team produced a report on the conduct and the results of the comprehensive review, including a set of valuable recommendations. The Committee is currently concluding its consideration of the report and the recommendations contained therein and will shortly submit its position to the Security Council. The comprehensive review set the standards for future additional reviews introduced by resolution 1904 (2009), namely for listed persons who are reportedly deceased, for entries that lack identifiers for effective implementation and for names on the Consolidated List which have not been reviewed in three or more years.
Such reviews represent an important step in making the Consolidated List a more dynamic document that responds better to the evolving and continued threat, and that is more up to date and contains the most complete and accurate information possible on the identity and whereabouts of listed parties in order to enable Member States to effectively implement the three sanctions measures that apply to them.
During the course of the comprehensive review, the Committee also addressed the issue of deceased persons on the List. Prior to the review, there was only one single case of the removal of a deceased person from the Consolidated List. At the conclusion of the review, eight additional deceased persons had been removed from the List: two names associated with the Taliban and six names associated with Al-Qaida. However, there remains a considerable number of deceased persons on the List, which is why the Committee will conduct a specific review of deceased persons in accordance with paragraph 26 of resolution 1904 (2009).
The Committee will soon be preparing the modalities of that review, which will be conducted in the upcoming months. In that connection, I would like to mention that the Committee recently discussed a recommendation by the Monitoring Team to clarify the process by which Member States need to submit the necessary information to the Committee certifying the death of the individual. The Committee will soon be in a position to inform Member States about those requirements and procedures.
As a further attempt to improve the quality of the List, the Committee is currently also discussing the issue of entities that have ceased to exist and is considering a review of that matter.
Finally, the Security Council also directed the Committee to review all matters that were pending or on hold as of 17 December 2009. The Committee has commenced that review for the 23 items that fall within its scope.
I would like also to highlight the new procedures for matters that are pending and were placed on hold after 17 December 2009. As called for in resolution 1904 (2009), the Committee adopted revised guidelines on the conduct of its work, which bring those new improvements into the Committee’s practice and also introduce a new procedure for such pending issues. The procedure foresees regular updates by Committee members on the status of resolving such matters and introduced detailed rules for the time limit.
The most significant step in resolution 1904 (2009) was the establishment of the Office of the Ombudsperson to assist the Committee when considering de-listing requests. On 3 June 2010, the Secretary-General appointed Judge Kimberly Prost as Ombudsperson. Since her appointment, the Ombudsperson has swiftly commenced her important work. The Ombudsperson has kept the Committee informed of developments in all cases before her, in accordance with resolution 1904 (2009). I would like to underline the importance of permitting the Ombudsperson to fulfil her mandate without interference and in an impartial and independent manner.
Regarding updates on the status of the Consolidated List, the narrative summaries of reasons for listing and outreach activities by the Monitoring Team and the Committee, I refer to the more comprehensive version of my statement.
In concluding my remarks as Chairman of the Committee in the name of the Committee, I would like to remind the Council that in a previous meeting I already mentioned the challenges the 1267 sanctions regime has been facing (see S/PV.6310). Over the past two years, the Committee has experienced growing criticism by States, individuals and courts because of procedural and human rights concerns. National parliaments, national and regional courts and civil society as well as international bodies, including
United Nations bodies, have pointed out shortcomings of the 1267 sanctions regime. The Committee and the Security Council have listened to those voices and have taken important steps to address many of those concerns in resolutions 1822 (2008) and 1904 (2009). The Committee has also strengthened fair and clear procedures by revising its guidelines and internal methods accordingly, and that has not gone unnoticed.
However, the recent judgment of the European General Court in the case of Kadi II and other court cases show that challenges remain. The high level of engagement of Member States, for example during the review, suggests that they continue to share the Security Council’s concern that there should be a coordinated international response to the threat posed by Al-Qaida and the Taliban. It is therefore important that the Committee continue to engage in dialogue to find appropriate ways and means to respond to those challenges.
As I have highlighted several times, improving the procedures will make the regime stronger and therefore a more effective tool in the fight against terrorism. The Committee should remain on this track. Significant improvements to ensure fair and clear procedures have already been achieved, and that process will hopefully be continued in future.
Before closing this formal part of my statement, I would like to take the opportunity to thank the members of the Monitoring Team, the Secretariat and the Committee members for their invaluable contribution in coping with the enormous work challenges during the last two years.
I have now come to the end of the text that I was asked to present in the name of the Committee. I would like to make just a few comments, as you suggested, Mr. President, in my personal capacity after having nearly terminated two years of work at the head of the Committee. I wish to underline that these comments oblige only me and do not represent agreed positions by the Committee.
The Committee’s comprehensive review was — and this is my personal conviction — a groundbreaking and unprecedented step. It was the first time ever that a sanctions committee conducted such a thorough review. I have already given the numbers: 488 names were carefully scrutinized and 45 entries were deleted, and some 60 de-listing requests are still pending. About 270 list entries — and I think this is also important —
that were added in 2001 have been reviewed for the very first time since they were listed.
However, despite those efforts a number of problematic entries, such as deceased people, defunct entities and entries lacking identifying information, remain on the list. I have already referred to the additional reviews that were introduced by resolution 1904 (2009) — a review of deceased persons, a review of entries that lack identifiers and the triennial comprehensive review of each name on the list. This basically means that in the future, in more complex cases, the Committee will in fact review some names up to three times, in three separate reviews, and that in itself is a positive development. In addition, the Committee recently agreed to conduct a specific review of entities that have ceased to exist, which is in fact a further step beyond what is provided for in resolution 1904 (2009).
I have already referred to the appointment of Judge Kimberly Prost as Ombudsperson, which was an important and significant step.
I feel very strongly that we should give Judge Prost, who is a remarkable person, the time to show her merit. I would like to note that she has just started working on her first cases, and I reiterate the importance of Member States fully cooperating with her and providing her with all relevant information.
The Council will remember that there was a discussion at the time about whether the Ombudsperson would be given the possibility to present recommendations. Having seen Judge Prost, I feel that the Committee will attach full weight to her written reports, and in practice, the artificial distinction drawn between recommendations and observations might very well become irrelevant.
Finally, given the fact that the Ombudsperson was appointed six months after the adoption of resolution 1904 (2009), I would be very pleased to see Judge Prost’s mandate continue next year. I therefore believe that the Council should consider extending her mandate and also extend the mandate of the Ombudsperson to other sanctions regimes, because the creation of the function was an important first step that will also be beneficial for all sanctions regimes.
Important progress has been achieved over the past two years to strengthen due process in the internal procedures and working methods of the Committee.
As regards the Committee’s decision-making, I have clearly gained some experience with the principle of consensus that exists within the Committee. I would thus like to share some thoughts on that principle with the Council, as the principle of consensus has been criticized as giving designating States a right to veto any de-listing request. It is obvious that that is perhaps a rather far-reaching statement, since only a designating State that is a member of the Security Council can participate in decision-making.
While it is true that the consensus rule applies to decisions of all sanctions committees of the Security Council, it is often overlooked that paragraph 4(a) of the Committee Guidelines expressly provides that if, after consultations undertaken by the Chairman, “consensus still cannot by reached, the matter may be submitted to the Security Council”. Thus, even under the current procedures, any de-listing request may be submitted to the Security Council for review and subsequent decision by majority rule pursuant to Article 27 of the Charter.
I personally believe — and this is my strong personal view — that it would not be a revolutionary step to adopt the same decision-making procedure — majority voting — for de-listing decisions of the Committee as well. It is also interesting to note that in some instances, such as the granting of humanitarian exemptions pursuant to resolution 1452 (2002), the Committee already takes decisions by so-called negative consensus. That means that the consensus principle has been reversed by requiring the Committee to take a negative decision by consensus.
Finally, the 1267 sanctions regime regarding Al-Qaida and the Taliban has also been criticized recently in the sense that it was no longer a temporary emergency measure to address a specific threat, but an open-ended measure that was not limited in time or space.
It is interesting to note that the Security Council has not adopted a consistent approach in this regard. While some country regimes, such as the Democratic Republic of the Congo, are renewed annually, many targeted sanctions measures — including Sudan, Somalia, Eritrea, the Democratic People’s Republic of Korea and others — are open-ended. However, in the 1267 regime the concerns regarding the open-ended nature of the measures are considerably mitigated by the reviews pursuant to resolutions 1822 (2008) and
1904 (2009), which I outlined earlier. At least every three years each name is thoroughly reviewed by the Committee and, as I pointed out, in some cases more that once, twice or even three times.
If the procedure — and this is again a personal suggestion I would like to make — of those triennial reviews were changed to require a positive reconfirmation of each list entry under review, many of the concerns I mentioned would be satisfied. The adaptation of the periodic review procedure would in fact then have the same effect as the introduction of a time limit or sunset clause for the listings and would put an end to the recurring question of whether the sanctions regime is of a punitive or preventive nature.
I am confident that the Security Council and the Committee will continue to actively follow the developments and will continue to look for answers to the concerns raised. The upcoming resolution to extend the mandates of the Monitoring Team and the Ombudsperson in June 2011 will provide the next opportunity for the Security Council to take further steps in that important matter. This is a living process, a living regime that has been adapted continuously. We have succeeded in improving it substantially during the past two years, but I think efforts to further improve it will continue.
I thank Mr. Mayr-Harting for his briefing and his personal remarks.
I shall now give the floor to His Excellency Mr. Ertuğrul Apakan, Chairman of the Security Council Committee established pursuant to resolution 1373 (2001), concerning counter-terrorism.
I have the honour to brief the Council in my capacity as Chairman of the Security Council Committee established pursuant to resolution 1373 (2001) on the work of the Committee since the previous briefing in May (see S/PV.6310).
As we have seen in many parts of the world in recent months, terrorists continue their activities unabated. In light of that ongoing and evolving threat, we must continue our common efforts and act in full cooperation with each other. We should be as vigilant and resilient as ever, and counter-terrorism should remain a priority for the international community.
Since its establishment, the Counter-Terrorism Committee (CTC) has played an important role in the fight against terrorism. Now the Committee continues
to work actively in advancing our global efforts with its more strategic and transparent approach. The Committee tries to increase awareness about the need for more effective implementation of relevant Security Council resolutions, particularly resolutions 1373 (2001) and 1624 (2005), and to enhance cooperation among Member States. The Committee continues to effectively monitor the implementation of resolution 1373 (2001).
One of the main instruments available to the Committee in that regard is the Preliminary Implementation Assessment (PIA). The ongoing stocktaking exercise, in accordance with its new guidelines, allows the Committee to enhance its regular dialogue with Member States and to further identify areas where the implementation of resolution 1373 (2001) is still inadequate.
The Committee organizes and conducts visits to Member States. Those consensual country visits are a fundamental component of the Committee’s efforts to monitor and promote implementation of resolution 1373 (2001). They enable us to establish direct contact and dialogue with the national practitioners on the ground and help us better understand the challenges that individual countries are facing.
The Committee and the Counter-Terrorism Committee Executive Directorate (CTED) have placed particular emphasis on capacity-building of Member States, which is one of the main challenges in our fight against terrorism. The Committee held a thematic discussion on technical assistance to explore ways to further facilitate the provision of assistance to relevant Member States. The Committee and CTED have also worked to enhance their ongoing dialogue with Member States, donors and beneficiaries in that regard.
In the past six months, the Committee has tried to make better use of the thematic discussions it organizes on the issues mentioned in resolutions 1373 (2001) and 1624 (2005). Those discussions have proved to be highly useful in helping us understand those issues in greater depth and consider any possible concrete steps that the Committee could take. As part of their more transparent approach, the Committee and CTED have also organized such thematic briefings for the wider membership on four different areas.
In addition to the thematic areas, the Committee has also started discussions on the challenges that some regions face. Those discussions have provided the
Committee with a more in-depth evaluation of the progress and challenges in each region. In accordance with its work programme, the Committee maintained and increased its dialogue and cooperation with other relevant international and regional organizations. In June, an open meeting was held with four regional organizations and bodies. The Committee has also continued the practice of hearing briefings from relevant international and regional organizations and United Nations bodies.
In light of the focused and regional approach the Committee and CTED are pursuing, I wish to mention briefly some of the workshops that have been organized in the past six months in different parts of the world. They have proved particularly important in bringing together the relevant officials of the countries and of regional and subregional organizations to strengthen coordination and cooperation and to ensure better sharing of information and experience. I would like to touch briefly upon only three of the most recent workshops.
The first was the three-day practitioners workshop held in Nairobi in June. It was organized by CTED, in cooperation with the International Organization for Migration, with the participation of operational-level officers from relevant agencies of Tanzania, Uganda and Kenya, as well as a large number of experts from international and regional organizations. A frank and open discussion was held on matters related to effective border control.
In October, CTED organized another workshop in Sarajevo. It brought together senior officials dealing with counter-terrorism coordination from 13 countries in the region and other representatives. It was jointly organized with the Regional Cooperation Council, the Southeast European Cooperative Initiative Center and the United Nations Office on Drugs and Crime and was supported by the Counter-Terrorism Implementation Task Force (CTITF). During the two-day event, participants explored ways to enhance national coordination and regional cooperation in the region.
Last week, CTED organized a workshop at the Jakarta Centre for Law Enforcement Cooperation in Indonesia. This workshop focused on community policing, new payment technologies and investigations using cell phone records and communications. During this event, an additional set of working group sessions was held for counter-terrorism coordinators from South Asia.
The Committee continues to include in its dialogue with Member States discussion of their efforts to implement resolution 1624 (2005). Thus far, a total of 109 States have submitted reports to the Committee on their implementation of the resolution. On the other hand, the Committee encourages Member States to become parties to and implement all international counter-terrorism instruments.
The Committee considers effective counter- terrorism measures and respect for human rights, fundamental freedoms and the rule of law to be complementary and mutually reinforcing. They are an essential part of a successful counter-terrorism effort. Therefore, the Committee has continued to remind Member States that any measures taken to combat terrorism must comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law.
I would also like to give the Council a few examples of the Committee’s cooperative activities with its partners. The Committee, through CTED, actively contributes to the work of the CTITF. The Committee and CTED continue to engage actively with the other Security Council subsidiary bodies and other relevant entities working on counter-terrorism issues, namely, the Committee established pursuant to resolution 1267 (1999) and its Monitoring Team, and the Committee established pursuant to resolution 1540 (2004) and its Group of Experts. In this regard, the CTC invites to its thematic discussions the Monitoring Team, the Group of Experts, the CTITF, the Office of the High Commissioner for Human Rights and representatives of INTERPOL.
Now, I wish to touch briefly on some activities that the Committee is planning to organize in the near future. One is a seminar on bringing terrorists to justice, which will be held in New York from 1 to 3 December 2010. The seminar will bring together a select group of national counter-terrorism prosecutors who have been involved in highly visible cases within their national jurisdictions. The Committee has made sure that the participants will represent different regions, different levels of development and different legal systems.
A second event that the Committee plans to hold is the next special meeting with international, regional and subregional organizations. The Council of Europe has kindly offered to host that meeting in Strasbourg. Let me express the Committee’s appreciation to the
Council of Europe for its generosity. The Committee has accepted this offer and decided to hold this special meeting in April 2011 on the topic of the prevention of terrorism.
To fulfil its mandate, the Committee relies on the cooperation of and dialogue with Member States. I take this opportunity to express the Committee’s appreciation to Member States for their cooperation with the Committee and its Executive Directorate, either during the preparations of the Preliminary Implementation Assessment, in the country visits, workshops and briefings, or through their permanent missions in New York. The Committee and CTED wish to continue this dialogue and cooperation with all Member States.
In accordance with this understanding, the Committee and CTED have attached particular importance to keeping Member States abreast of their work. In this regard, the Committee’s Executive Director and I gave a briefing to United Nations Member States on 21 July. We intend to organize another similar briefing in the upcoming weeks.
I would like to underline the valuable contributions and excellent work of CTED, under the able leadership of Mr. Mike Smith. CTED has continued to provide the assistance the Committee needed in the course of the past six months. I also wish to thank the Secretariat for its continuous support.
Now, I will proceed to the second part of my statement. In my personal capacity, I would like to share with the Council and Member States some of our assessments, views and suggestions on the work of the CTC. I wish to thank the United Kingdom presidency for arranging this open debate with this particular forward-looking format.
In the beginning of this year, one of the priorities of the Counter-Terrorism Committee was to streamline its working methods to allow more time for substantive and analytical work. Starting in February, the Committee has spent less time on technical matters and documents, and held in-depth discussions on the key thematic areas and regions with a strategic approach in an effort to better understand the evolving nature of the threat of terrorism.
Furthermore, during the meeting held in Ankara in June 2010, which brought together officials from the capitals of the Security Council members with key
counter-terrorism figures in the United Nations system, the issues that merited more attention and the steps to be taken were further explored in an informal setting. Most of the challenges that need to be addressed for better international cooperation and national coordination were highlighted in the comprehensive presidential statement (S/PRST/2010/19) adopted at the thematic discussion of the Security Council on 27 September 2010 (see S/PV.6390).
I believe that the Committee has played and will play a critical role in our global fight against terrorism, based on its sound legal framework. The CTC should continue to pursue its focused and strategic approach. This will require further improvements in the working methods of the Committee.
At the beginning of this year, the procedure for adopting the Preliminary Implementation Assessments was substantially amended. Now it is time to improve the format of the Assessments, with more focus on the gaps and needs. This will help us to better monitor implementation and identify the needs of each Member State. Ensuring effective implementation is of high importance if we are to succeed in our endeavours to combat terrorism. Since capacity-building is one of the main challenges, particularly for some regions, in implementing relevant resolutions, the Committee and CTED should continue to focus on this matter as well.
With a view to making the Committee’s work more accessible to Member States, Mr. Smith and I have given two briefings so far to the wider membership, and CTED has made presentations to all Member States on eight different topics. These briefings and presentations have proved to be very useful in promoting more intensive dialogue and interaction between the Committee and Member States. The CTC and CTED have gained a lot from the views and suggestions expressed at these meeting. Such meetings should continue, since it is also the responsibility of the Committee and CTED to update all Member States on the new developments and challenges. In this respect, I would also like to suggest that we explore new possible ways to increase the interaction between CTC and Member States.
The current threat of terrorism demands a comprehensive and holistic approach. Therefore, apart from combating terrorism, it would be useful for the CTC to place greater emphasis on the prevention of terrorism, in cooperation with CTITF and other
partners. I believe that the recent decision of the CTC to organize the next special meeting at the Council of Europe in Strasbourg on this topic will be a step in the right direction.
Another area that merits particular attention is incitement to terrorism. CTC and CTED should be encouraged to continue their efforts to work with Member States, in particular in a regional and subregional approach, with a view to addressing different and particular aspects of incitement to terrorism.
Let me also emphasize that all counter-terrorism measures should respect the rule of law and human rights. This is important for effective international cooperation on counter-terrorism.
As I mentioned earlier, the CTED has organized regional workshops in different parts of the world. I have touched on these, and believe that they will provide the Committee with more insight into regional achievements and challenges and that it will contribute to better coordination and cooperation among regional countries.
The Committee is now planning to organize a seminar with prosecutors, which is something new. We should build on it. All these activities indicate that there is a need for the CTED to use new tools so that it can use extrabudgetary funding based on the established practices of the United Nations.
Before I conclude, let me underline once again the fact that we are all exposed to the global threat of terrorism and we are all duty-bound to act in solidarity and with a resilient, unwavering and common stance. We should not be complacent.
Today’s meeting constitutes another important step to keep counter-terrorism high on the United Nations agenda. I hope that this focused and forward- looking approach of the Council will continue in the future to ensure that the fight against terrorism remains a priority for the United Nations.
I thank Mr. Apakan for his briefing and personal comments.
I now give the floor to His Excellency Mr. Claude Heller in his capacity as Chairman of the Committee established pursuant to resolution 1540 (2004).
In addition to the information presented in the joint
briefing that was presented by our colleague from Austria, I am pleased, in my capacity as Chairman of the Committee established pursuant to resolution 1540 (2004), to summarize the main developments in the work of the Committee since the last joint briefing on 11 May 2010 (see S/PV.6310).
I would like to update the Security Council on the recent activities of the Committee, highlighting the growing cooperation between the Committee and various international organizations, and the standardization of our work practices in the implementation of resolution 1540 (2004), as well as in increased assistance and transparency.
Building on the 2010 final document of the comprehensive review and the Committee’s current programme of work, I have held consultations with the heads of intergovernmental organizations in order to explore ways to further deepen and strengthen cooperation among these organizations and the Committee. These included meetings with the Director- General of the Organization for the Prohibition of Chemical Weapons, Ambassador Üzümcü; with the Director General the International Atomic Energy Agency, Ambassador Amano; and with representatives of the European Union. In addition, on 21 October, in my capacity as Chairman of the 1540 Committee and at their invitation, I addressed the Group of Eight Non-Proliferation Directors Group in Vancouver, Canada.
Furthermore, I carried out consultations in Paris, London, Beijing and Moscow in March, and consulted other Member States in New York to explore, among other topics, their views on the extension of the 1540 Committee mandate beyond 25 April 2011. In addition, following a meeting with European Union representatives in Brussels, the 1540 Committee was briefed by Ms. Annalisa Giannella, the European Union Personal Representative on non-proliferation of weapons of mass destruction (WMD). As listed in the document that has been circulated in the Chamber, there were other meetings and consultations held by the 1540 Group of Experts during this period.
The 1540 Committee and its Group of Experts continued to participate in outreach events at the international, regional or subregional levels to facilitate States’ implementation of resolution 1540 (2004). These events included two regional workshops organized by the United Nations Office for
Disarmament Affairs, which focused on border control and exported materials. The first workshop, for South- East European States, took place from 14 to 17 June in Split and was hosted by the Government of Croatia. The second, for South-East Asian States, took place from 28 September to 1 October in Hanoi and was hosted by the Government of Viet Nam. Both workshops enjoyed the support of the European Union and of the Governments of the United States and of Norway and, in the case of the Hanoi workshop, the Government of New Zealand aw well. The other activities in which the 1540 Group of Experts participated are listed in the document circulated in the Chamber.
As for the implementation of resolution 1540 (2004), during the past six months, the Committee received a first report from Togo on its implementation. At the same time, I also continued to meet with representatives of States that have not yet submitted their first reports. For example, recently I met with the representatives of the Democratic People’s Republic of Korea and Ethiopia, among others, with whom we exchanged points of view, and I reminded them of their obligation to present such reports.
The Committee also received additional information from Brazil, Canada, Ireland, Pakistan, Portugal, and Uganda. In the case of Canada, it included a voluntary action plan in its submission. Using this and other information, the Committee is reviewing 75 matrices and anticipates engaging in the review of another 117 before the end of 2010. The information in these matrices forms the basis of the data that will appear in the 1540 Committee’s report to the Security Council, due in April 2011.
In terms of assistance, the Committee has also consolidated a database on assistance requests and adopted new procedures for handling formal requests for assistance. The Committee received new requests for assistance from Iraq, Uganda and the Central American Integration System. The Governments of Canada, the United States and Poland notified the 1540 Committee of their offers of assistance.
With regard to transparency, the Committee adopted new procedures for publishing reports from Member States, as well as for its matrices and assistance requests. On its webpage, the Committee also added a “Frequently Asked Questions” section and
a calendar of upcoming events, and began developing a “What’s New” section.
In addition to the activities described earlier relating to the enhancement of cooperation with other international organizations, the Government of Austria has informed the Committee that it is hosting a meeting for international, regional and subregional organizations in Vienna on 15 and 16 December to promote cooperation on the implementation of resolution 1540 (2004).
It is my intention to participate in that meeting and in a regional workshop organized by the Government of Saudi Arabia for 11 and 12 December. Similarly, as the 1540 Committee looks forward to preparing its 2011 report to the Security Council, the Committee and its Group of Experts will continue to participate in international conferences and in regional and subregional outreach activities so as to gather more information on assistance and on measures adopted towards the implementation of resolution 1540 (2004).
I would now like to make a few personal comments based on my experience as Chairman of the 1540 Committee, especially in the light of the mandate that is to be renewed next April.
As I mentioned earlier, the chairmanship has carried out a series of consultations in capitals and in New York with a view to be in a position to present an assessment of elements that, in our opinion, should be taken into account by the Council during its deliberations on the renewal of the Committee’s mandate, before the conclusion of Mexico’s membership of the Council.
In my opinion, in the first years of its existence, the Committee focused primarily on actions related to increasing the awareness of Member States of their obligations under resolution 1540 (2004), and in assisting them in preparing legislative measures to ensure compliance with the resolution. Speaking generally, I could say that the Committee has successfully completed this first stage. The challenge now is to support and help States to take relevant concrete measures to guarantee the compliance of their legislative provisions.
More than six years after the adoption of resolution 1540 (2004), the renewal of its mandate is an excellent opportunity to reflect on the best way to adapt the Committee to respond to current proliferation
threats from non-State actors. I would like to point out five areas upon which I believe we will need to reflect in our discussions on renewing the mandate: first, areas that warrant greater attention from the Committee; secondly, the Committee’s relationship with relevant international bodies; thirdly, strengthening the Committee as a platform for cooperation and enhancing its ability to facilitate assistance to States; fourthly, the structure of the Group of Experts; and fifthly, the very relevant issue of the duration of the Committee’s mandate.
In its broad review, the Committee identified a few areas in which States have taken relatively few measures. Of the three categories of weapons of mass destruction, the biological sector is the one where the fewest measures have been identified. Likewise, vector systems, control lists and the financing of banned proliferation activities have been identified as areas that warrant particular attention.
The 1540 Committee currently enjoys the support of a Group of Experts consisting of eight individuals. This contrasts significantly with the staff and resources of such international bodies as the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons or the World Customs Organization. These bodies have direct jurisdiction in areas relevant to the implementation of resolution 1540 (2004). In this respect, I am convinced of the urgent need to strengthen cooperation with these bodies, in particular in the area of information exchange, with full respect for their various mandates.
The universal nature of the obligations under resolution 1540 (2004), on the one hand, and the high degree of specialization within international bodies in aspects related to the implementation of resolution 1540 (2004), on the other, ensure that close cooperation between both sides would be mutually beneficial and strengthen compliance with the various mandates.
The growing recognition on the part of the international community of the value of the work of the 1540 Committee arises largely from the cooperative approach taken by the Committee. During our chairmanship, we have worked to strengthen the Committee as a platform for cooperation. Nonetheless, we must continue to strengthen its work in the areas of cooperation and assistance.
The implementation of the provisions of resolution 1540 (2004) depends not only on the political will of States, but also on the Committee’s resources for the application of specific security measures. In this respect, the Committee must continue to play an active role to ensure the coordination of requests for assistance with offers to assist.
The work of the Group of Experts is crucial to the Committee’s work. However, since it was established, the Group of Experts has worked without a specific structure or a clear division of functions. I therefore believe it necessary to establish a structure to permit it to function more effectively. That task should not be too complex, and the appointment by the Committee or the Secretary-General of a coordinator could be a first step to that end.
Finally, and bearing in mind that, unfortunately, we cannot predict whether threats related to the proliferation of weapons of mass destruction due to actions by non-State actors will cease to exist in the short or the medium term, the Committee’s mandate could be extended for a period longer than three years. In my opinion, one option would be to renew the Committee’s mandate for 10 years, while planning a review after five, similar to the review cycle of the Treaty on the Non-Proliferation of Nuclear Weapons. The Committee would thereby be in a position to better plan its needs with greater certainty. The international community urgently needs a long-term strategy for addressing non-proliferation challenges through cooperation with Member States.
Lastly, I would like to thank the members of the Committee, the Group of Experts and the Secretariat for their support of our work.
I thank Mr. Heller for his briefing, and all three Chairmen for their important personal comments and recommendations, which will be very valuable to their successors.
In accordance with the understanding reached among Council members, I wish to remind all speakers to limit their statements to no more than five minutes in order to enable the Council to carry out its work expeditiously. Delegations with lengthy statements are kindly requested to circulate the texts in writing and to deliver a condensed version when speaking in the Chamber.
I now give the floor to the members of the Council.
We thank the Permanent Representatives of Austria, Mexico and Turkey, Ambassadors Mayr- Harting, Heller and Apakan, respectively, for their briefings on the work of the Committees they head and for their views. The Russian Federation considers the strengthening of the efforts of these Committees and their Groups of Experts to be an important condition for enhancing the effectiveness of the Security Council’s contribution to countering the global terrorism threat.
Among the most substantive aspects of the Committees’ activities since the briefing in May (see S/PV.6310), we note the following. The Counter- Terrorism Committee (CTC), backed by its Counter- Terrorism Executive Directorate (CTED), continued to actively monitor implementation of resolution 1373 (2001) and work on resolution 1624 (2005). Moreover, the CTC and CTED increased the transparency of their work. The Russian Federation supports that approach, believing that it promotes fuller implementation of resolutions 1373 (2001) and 1624 (2005) by all States.
We note that the CTC’s continued dialogue with States in the framework of the procedure of Preliminary Implementation Assessments of resolution 1373 (2001) and its country visits are yielding results. We advocate further improvement of these fundamental monitoring instruments of the Committee.
Among the thematic priorities dealt with by the CTC, we note the subjects of specialized international cooperation, extradition and mutual legal assistance, as well as the issue of curbing incitement of terrorist acts in accordance with resolution 1624 (2005).
We believe it is necessary to step up efforts to implement resolution 1624 (2005), develop the practice of including relevant issues on the programme for country visits, analyse best practices and experience with a view to their wider dissemination, and prepare a further global report on the state of affairs in this area.
In this context, we welcome the recent decision of the CTC to hold a meeting of the Committee in April 2011, at the Council of Europe in Strasbourg, with international, regional and subregional organizations on the subject of preventing terrorism. We believe that this meeting will create conditions
conducive to an in-depth consideration of the whole range of issues related to resolution 1624 (2005). It is also important that the specialized Committee of the Security Council once again bring international organizations together to discuss the latest challenges in contemporary counter-terrorism efforts.
We welcome the assistance given to the Counter- Terrorism Committee by its Executive Directorate. We support in every way the participation of the Directorate on the basis of the existing mandate and the efforts of the Counter-Terrorism Implementation Task Force of the United Nations Global Counter-Terrorism Strategy and its cooperation with the expert groups of Security Council specialized committees.
The Committee established pursuant to resolution 1267 (1999) remains one of the fundamental mechanisms of the Security Council in suppressing the terrorist activities of Al-Qaida and the Taliban and the spread of their influence and extremist ideology. We call on all States to take firm measures with respect to individuals and entities on the sanctions list, as stipulated in the relevant Security Council resolutions and in the guidelines for the work of the 1267 Committee.
We support the Afghan leadership’s policy aimed at national reconciliation and the reintegration into society of those members of illegal armed groups who are not tainted by crimes against the Afghan people, who have renounced violence and ties with Al-Qaida and who have recognized the Constitution of the Islamic Republic of Afghanistan.
We continue to believe that removing individuals from the sanctions list is possible only on an individual basis. At the same time, we consider unacceptable any proposals for the simplified de-listing of some categories of individuals or entities on the list contrary to existing procedures. We support the efforts of the Committee and its Monitoring Team in keeping the sanctions list up to date so that it reflects the real nature of today’s terrorist threat.
The comprehensive review of the list that was carried out was aimed at enhancing the effectiveness of the Committee’s work and strengthening the sanctions regime. We hope that the Ombudsperson, who has begun work on de-listing, will contribute to making the Committee’s procedures more transparent, so as to avoid doubts about the legitimacy of applying sanctions, including on the part of regional and
national courts. We call on States, pursuant to resolutions 1735 (2006) and 1904 (2009), to continue to submit to the Committee requests for inclusion on the sanctions list of individuals and organizations with ties to the Taliban and Al-Qaida, including those who finance their terrorist activities through income from the illegal drug trade.
The Russian Federation attaches great importance to the unswerving implementation by all States of resolution 1540 (2004) and subsequent resolutions 1673 (2006) and 1810 (2008), which are designed to serve as a reliable obstacle to prevent weapons of mass destruction, their means of delivery and related materials from falling into the hands of terrorists. The Council Committee established pursuant to resolution 1540 (2004) plays a key role in reinforcing and enhancing the effectiveness of international efforts to carry out the measures provided for in these resolutions. We believe that the Committee and its group of experts worked hard during the reporting period to help to further enhance the activities of the international community to counter proliferation risks and threats.
We welcome the efforts to make the work of the Committee more planned and systemic, and we hope that these efforts will be continued. We are in favour of the Committee continuing to give priority attention to the tasks of assisting States in implementing resolution 1540 (2004) and coordinating activities by the international community to that end. For our part, we are ready to continue actively supporting these measures, including in the context of our ongoing cooperation on issues related to resolution 1540 (2004) with member States of the Commonwealth of Independent States.
I would also like to convey our appreciation to you, Mr. President, for convening this debate. I thank the Permanent Representatives of Turkey, Mexico and Austria for their useful briefings on the activities carried out by their respective Committees and teams.
We are pleased with the efforts of the Committee established pursuant to resolution 1373 (2001), under the direction of Ambassador Apakan, in ensuring the effective implementation of that resolution and resolution 1624 (2005). Through the effective use of tools such as informative meetings with the wider United Nations membership, dialogue and cooperation
with Member States and external outreach programmes, the Committee has contributed significantly to raising awareness on the need to implement those resolutions.
We have found very useful the ongoing constructive dialogue between our Mission, our capital and the Counter-Terrorism Committee Executive Directorate (CTED) on counter-terrorism matters. These interactions and political consensus with our Government have bolstered our counter-terrorism activities. We thank Mr. Mike Smith, Executive Director of CTED, and his team for their support and efforts.
We welcome the discussions in the Committee on the progress and challenges facing West Africa in the implementation of resolution 1373 (2001). We all now have a better understanding of the current threats and challenges in the subregion. We should now aim to address the identified gaps. With regard to capacity- building, we are of the view that more will be achieved by delivering assistance in an integrated manner through equal focus on all relevant national sectors. At the same time, we will need a self-sustaining knowledge transfer aimed at bridging the existing knowledge gap.
The Economic Community of West African States (ECOWAS) is vital in our efforts to promote counter- terrorism measures within the West African subregion. That is even more so as counter-terrorism matters increasingly occupy the agenda of West African States, individually and collectively. Our hope is that, in the coming year, the partnership between CTED and ECOWAS will result in concrete achievements.
The Committee established pursuant to resolution 1540 (2004) remains a vital tool that enables the international community to prohibit non-State actors access to weapons of mass destruction. Nigeria strongly supports the work of the Committee and appreciates the efforts made by Ambassador Heller and the Committee, particularly in improving outreach programmes and greater visibility for the Committee. The clearing house role of the Committee in matching assistance requests and offers needs to be sustained, so as to promote greater implementation of the resolution by States.
As its work continues to grapple with the increasing challenge of the proliferation of weapons of mass destruction, the Committee should not relent in
its efforts to assess and monitor the risk of these weapons falling into the hands of non-State actors. Promoting the broader process of international cooperation should continue to be an area of focus for the Committee.
We welcome the remarkable contributions of the Committee established pursuant to resolution 1267 (1999) under the directorship of Ambassador Thomas Mayr-Harting. The conclusion of the review of the 488 names on the consolidated list, in accordance with Security Council resolution 1822 (2008), and the appointment of Ms. Kimberly Prost as the Omnbudsperson are positive steps.
We further welcome the efforts of the Committee to improve its procedures, including by adopting new guidelines for its work. In the same vein, the six-month review of deceased persons’ names and the annual review of names on the consolidated list that have not been reviewed in three or more years are commendable. These measures should be strengthened through regular improvement of the identification and de-listing process of individuals and entities, as this will enhance the credibility of the 1267 sanctions regime. It is important that, at all times, the list remain as accurate as possible, and the fundamental rights of individuals adequately guaranteed.
We welcome the close cooperation and coordination among the three counter-terrorism Committees. We encourage them to continue their joint efforts to improve information-sharing, to coordinate their relationship with international, regional and subregional organizations and to participate within the framework of the Counter-Terrorism Implementation Task Force.
At the outset, I would like to express my appreciation to the Chairs of the Council’s three counter-terrorism-related Committees for their respective briefings on developments during the past six months.
The recently uncovered cargo plane bomb plot and last year’s attempted bombing of a United States commercial aircraft remind us yet again that terrorism continues to be a global and imminent threat and that deep-seated problems surrounding terrorism, such as radicalization and terrorist safe havens, need to be addressed in an appropriate manner.
To eradicate terrorism, a multifaceted approach by all stakeholders is vital. These three committees play a significant role in that regard and should continue their efforts to develop further effective and efficient measures.
As we are all aware, the threat of terrorism posed by Al-Qaida and the Taliban continues unabated. The sanctions imposed on individuals and entities associated with Al-Qaida and the Taliban under resolution 1267 (1999) and its successor resolutions — travel bans, freezing of assets and arms embargoes — continue to play a crucial role in countering terrorism. In order for the 1267 sanctions regime to be fully effective and legitimate, our continued efforts to ensure the credibility of the Consolidated List are indispensable.
In that context, we regard the improvement of the 1267 regime, pursuant to resolution 1907 (2009), as instrumental in enhancing due process and raising the List’s transparency and efficiency. We also welcome the recent successful review of the Consolidated List pursuant to paragraph 25 of resolution 1822 (2008), and the commencement of work by Ms. Kimberly Prost, who was appointed Ombudsperson on 3 June. We are grateful to the Chair of the 1267 Committee, Ambassador Mayr-Harting, and to the Austrian Mission and the Monitoring Team for their devoted work on reviewing the Consolidated List. We continue to support their efforts to improve the sanctions regime without compromising its effectiveness and efficiency as a counter-terrorism measure.
I welcome the excellent work done by the Counter-Terrorism Committee (CTC) under the leadership of the Chair, Ambassador Apakan of Turkey, and by the Counter-Terrorism Committee Executive Directorate (CTED) to encourage Member States to fully implement resolution 1373 (2001). We recognize that in recent CTC meetings we have had fruitful discussions on substantive and regional issues. It is our hope that we will have further discussions on thematic issues and that those will facilitate the formulation of best practices and effective recommendations in the field of counter-terrorism.
Japan supports the stocktaking exercise for the review of the implementation of resolution 1373 (2001) by all Member States. The exercise contributes to identifying the challenges that Member States face in that area and the technical assistance they require. In
that regard, we would stress that all Member States should cooperate fully with CTC and CTED and make a determined effort to submit their Preliminary Implementation Assessments on time.
We would also like to highlight the importance of the country visits that have been conducted by CTC and CTED. Country visits, through direct contact with the relevant authorities, provide a means to ascertain the counter-terrorism situation in a given country and to identify the concrete technical assistance needed for capacity-building. To further enhance the efficiency and effectiveness of CTED operations, we hope to see more strategic execution of its country visits, through, for example, prioritizing certain regions and areas.
We note that the Council will discuss the draft resolution to extend CTED’s mandate next month. Japan attaches great importance to the role of CTED in determining essential technical assistance needs among Member States in the field of counter-terrorism. With that in mind, Japan will participate in the discussion of the draft resolution in a constructive manner.
Japan appreciates the enhanced work of the 1540 Committee throughout this year. We believe that the Committee’s work has become more effective and better coordinated under the leadership of its Chair, Ambassador Heller of Mexico, particularly from the perspective of expanding the scope of its cooperation with regional and international organizations. Japan is delighted to have been able to support the Chair’s efforts through our role as coordinator of the Working Group on Monitoring and National Implementation. It is our strong desire that the 1540 Committee will deepen its cooperation with other relevant bodies, above all, with the 1267 and 1373 Committees, in order to ensure that Member States will fully meet their obligations stipulated under resolution 1540 (2004).
The mandate of the 1540 Committee will expire next April. Given the important role the Committee plays in the area of non-proliferation, Japan hopes that in the discussion of the renewal of its mandate, all the experience gained and lessons learned from its past activities will be taken fully into account. One of the key features of the Committee’s work is its cooperation with Member States to ensure full implementation of the resolution. Needless to say, Japan will continue to offer its assistance in promoting the objectives of resolution 1540 (2004), in close cooperation with the 1540 Committee and in other international forums, including
the Group of Eight. Through such assistance, joint efforts of likeminded countries and close coordination among the relevant organizations, the work of the 1540 Committee will move on from the stage of awareness- raising to that of strengthening Member States’ capacity to advance the goals of non-proliferation.
Lastly, we appreciate the close cooperation between the three subsidiary Committees, aimed at maximizing the functions mandated by their respective Security Council resolutions. We also commend the contribution their work makes within the framework of the Counter-Terrorism Implementation Task Force. Cooperation, coordination and coherence in that area should make the most of the Committees’ limited capacities and resources by avoiding duplication and overlap.
I would like to thank the Chairs of the three Committees — the Permanent Representatives of Austria, Turkey and Mexico, Ambassadors Mayr-Harting, Apakan and Heller — for their comprehensive briefings and efforts with other Council members in promoting international cooperation on counter-terrorism. Allow me to make the following points.
First, with regard to the sanctions Committee against Al-Qaida and the Taliban, established pursuant to resolution 1267 (1999), we welcome the completion of the review process in accordance with resolution 1822 (2008). It was a very serious effort that led to indispensable amendments, and it should be continued in order to clear the names of those who are dead or are no longer associated with Al-Qaida or the Taliban.
We also welcome the steps taken to promote transparency and respect for human rights laws, in accordance with resolution 1904 (2009), in particular the appointment of the Ombudsperson and the amendment to the Committee’s system of work. We welcome further the reforms needed to avoid use of the Committee for goals for which it was not established. We would like to recall that in order for the Committee to enjoy full legitimacy, it must function in accordance with international law, the United Nations Charter and other instruments and rules of human rights, even of a preventive nature.
Second, with regard to the Counter-Terrorism Committee established pursuant to resolution 1373 (2001), we encourage the thematic discussions and studies aimed at countering terrorism, as well as the
workshops that the Committee and its Executive Directorate have conducted. We hope this will lead to further implementation of the requirements of resolution 1373 (2001), particularly in the area of the exchange of expertise. We appreciate the efforts made by the Counter-Terrorism Committee Executive Directorate to provide the necessary technical assistance and build the capacity of Member States, particularly developing countries, in the areas of legislation and institutions, and to continue its cooperation and constructive engagement with States and regional and national organizations, in accordance with resolution 1373 (2001).
With regard to the Committee established pursuant to resolution 1540 (2004), Lebanon stresses the importance of its ongoing cooperation with the Members of the United Nations, particularly since cooperation is the best way to prevent all these weapons — be they nuclear, chemical or biological — from falling into the hands of non-State actors.
At the regional level, we stress the importance of the efforts of the League of Arab States to prevent the proliferation of weapons of mass destruction and access to them by terrorists. We also emphasize the importance of declaring the Middle East a region free of weapons of mass destruction.
The 1540 Committee has made tireless efforts to respond to requests for and offers of assistance and to increase its transparency and contacts with Member States. Ongoing coordination between the Committees established pursuant to resolutions 1267 (1999) and 1373 (2001) is of the utmost importance, particularly since they are also linked to resolution 1540 (2004) and its provisions. We believe that resolution 1540 (2004) has become a fundamental cornerstone of the non-proliferation regime and that further cooperation and partnership between the Committee and related international organizations — including the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons, the World Customs Organization, the United Nations Office on Drugs and Crime and others — is also critical.
We stress the importance of the proposal made in the 2009 comprehensive review to commend Member States that are not members of the Security Council but have contributed greatly, through the hosting of workshops, to raising awareness and the exchange of expertise and confidence-building with neighbouring
countries. In that regard, we extend our thanks to Croatia, Viet Nam, Peru and Brazil for all their efforts.
In conclusion, we recall that Lebanon, which has suffered from terrorism in all its aspects, believes that terrorist acts are extremely dangerous and widespread in many parts of the world in spite of the resolutions adopted and measures taken against them by the United Nations. We believe that commitment to combating terrorism at its roots by removing all the factors fuelling it — particularly hotbeds of tension, double standards in applying international resolutions, poverty, foreign occupation and human rights violations — is of the greatest importance.
Allow me at the outset to express our appreciation to Ambassador Mayr-Harting, Ambassador Apakan and Ambassador Heller for their briefings today and to commend their commitment, contributions and tireless work in chairing the respective Committees. We find these regular briefings to be not only highly important, as the Committees are among the crucial tools in countering terrorism, but also an opportunity for sharing and exchanging information with the wider membership.
The events of recent weeks — waves of devices sent to numerous Governments, embassies and religious institutions — and the ever-present threat of suicide bombs and violent extremism that take the lives of innocent people are a grim reminder of the challenges we need to address. Therefore, we have to continuously rethink our current approaches and engagement with the aim of providing effective international legal cooperation and to properly address existing deficiencies in the capacities of States Members to fully implement the United Nations counterterrorism framework.
Through the years, the Committee established pursuant to resolution 1267 (1999) has evolved into one of the most critical United Nations monitoring bodies in the fight against the threat of Al-Qaida and the Taliban. We welcome the tangible results and progress achieved in the work of the Committee since our last briefing (see S/PV.6310), in particular the completion of a demanding task — the comprehensive review in accordance with resolution 1822 (2008) in July this year.
We stand ready to actively work with the Chairman and the Committee members, taking into
account the contributions of the Monitoring Team and designated Member States to conducting the review of pending issues and deceased persons. The completion of the review process of the consolidated list and the full implementation of resolution 1904 (2009) will further improve the credibility and transparency of the Committee’s work.
At the heart of all the criticism regarding the fairness and transparency of the work not only of the 1267 Committee, but of other relevant counter- terrorism bodies as well, lies concern for respect for human rights. Undertaking difficult steps in countering terrorism at the national and international levels, we pledged that the promotion and protection of human rights and the rule of law should remain a priority, as they constitute the fundamental values enshrined in the United Nations Charter and the Universal Declaration of Human Rights. We would like to take this opportunity to congratulate Ms. Kimberly Prost on her appointment and to present our sincere wishes for her future work as Ombudsperson of the 1267 Committee. Although the institution of Ombudsperson still needs to develop its full potential in the days to come, we are confident that Ms. Prost will successfully address all concerns expressed in the past, to the great benefit of the Committee and the Security Council.
With regard to the issue of monitoring the implementation of resolutions 1373 (2001) and 1624 (2005), several aspects of the work of the Counter- Terrorism Committee (CTC) have contributed cumulatively to its efficiency. The continuous assessment and stocktaking of revised Preliminary Implementation Assessments, in accordance with the previous practice, and visibility-raising through more frequent open briefings are beneficial both to Member States, which now have the opportunity to exchange views and offer their experiences, and to the Committee, which is in a position to have better insight into country implementation of the recommendations and consequently extend further technical support.
Since the briefing in May this year, Committee has carried on its active engagement in a series of thematic and regional debates that have brought into perspective all the challenges and difficulties we all face in our common fight against terrorism and efforts to implement our obligations under relevant Security Council resolutions. To that extent, it is necessary to underline the importance of reaching out to partner organizations, and we commend the practice of the
CTC of arranging meetings with relevant international, regional and subregional organizations.
Bosnia and Herzegovina will continue fully to support the work of the Counter-Terrorism Committee. We remain strongly committed to the effective prevention of and fight against this global threat, and stand ready to provide every assistance and support to international efforts to that end.
The importance and role of the Committee established pursuant to resolution 1540 (2004) as one of the focal points of the United Nations counter- terrorism and non-proliferation activities has already been well highlighted. We fully recognize the crucial role of the 1540 Committee as a clearinghouse for channelling assistance to Member States in establishing and further developing their capacity to face the threat of non-State actors acquiring weapons of mass destruction. We also believe that the growing acceptance of resolution 1540 (2004) in recent years is a result of increased understanding on the part of Member States of its importance and the Committee’s cooperative approach in assisting States in implementation of its provisions.
In that regard, we support the extension of the 1540 Committee’s mandate and call for it to be strengthened in material and human resources so as to enable it to provide assistance where and when needed. It is also important that Member States extend their additional support to the Committee’s efforts by securing more voluntary contributions for financing its activities, thus enabling the full implementation of resolution 1540 (2004).
In conclusion, Bosnia and Herzegovina will continue to give its fullest support and contribute to the overall international efforts to counter terrorism through its actions at both the national and the international levels.
I wish to thank the Chairman of the Committee established pursuant to resolution 1267 (1999), Ambassador Mayr-Harting of Austria; the Chairman of the Counter-Terrorism Committee (CTC), Ambassador Apakan of Turkey; and the Chairman of the Committee established pursuant to resolution 1540 (2004), Ambassador Heller of Mexico, for their respective briefings and for all the work they have done.
With painstaking and protracted efforts, the 1267 Committee has completed the review of its consolidated list, which has greatly enhanced the accuracy and reliability of the list. That represents a significant achievement. China supports the Committee in its efforts to move ahead with the review of pending issues, in line with resolution 1904 (2009), continue to implement its new approach, and improve its efficiency and transparency, thus upholding the authority and effectiveness of the sanctions regime against Al-Qaida, the Taliban and other individuals.
China appreciates the efforts of the CTC to improve its working methods and to strengthen its dialogue with Member States. Over the past month, the CTC conducted an in-depth analysis of the major difficulties and challenges in the implementation of resolutions 1373 (2001) and 1624 (2005), helped Member States to enhance their counter-terrorism capacity-building, and prepared new policy guidelines on international judicial cooperation, with positive results in its work. The Counter-Terrorism Committee Executive Directorate (CTED) played an important role in assisting the CTC. China welcomes the efforts of the CTED.
Recently, the 1540 Committee has done much useful work to strengthen international cooperation, expand its outreach activities and promote assistance. We support the Committee’s proposal to strengthen the interaction and cooperation of Member States and international and regional organizations in implementing resolution 1540 (2004). China hopes that those that are in a position to do so will provide developing countries with the necessary assistance to ease the difficulties that they face in implementing the resolution.
China attaches importance to the role of the 1540 Committee by participating actively and constructively in all aspects of its work. Not long ago, Ambassador Heller visited China in his capacity as Chairman of the 1540 Committee and exchanged views with the Chinese side on the implementation of the resolution and the next phase of the Committee’s work, which helped to deepen China’s cooperation with the Committee. China is ready to assist the relevant countries as far as possible in such areas as implementing resolution 1540 (2004).
Terrorism remains a major threat facing the international community, with terrorist attacks taking
place sporadically in various parts of the world. The United Nations and the Security Council play a core role in facilitating international counter-terrorism cooperation. China supports the participation of the 1267 Committee, the CTC and the 1540 Committee in the work of the Counter-Terrorism Implementation Task Force, within their respective mandates, in order to promote the balanced implementation of all four pillars of the United Nations Global Counter-Terrorism Strategy.
At the same time, China hopes that the three Committees will pay more attention to the counter- terrorism needs of developing countries and actively assist them.
Let me, too, thank the Chairmen for their briefings. Their dedicated leadership is central to the effectiveness of the Council’s three counter-terrorism-related committees. I would especially like to thank the Chairmen for their recommendations, which merit serious consideration.
The importance of this work and the broader international effort to combat terrorism was underscored by the recent foiled plot involving the explosives-laden parcels flown out of Yemen that were tracked down in the United Kingdom and Dubai. That event and other attempts earlier this year are harsh reminders of the global nature of the terrorist threat. The United States remains committed to reaching out and forging international coalitions, based on mutual interests and respect, to combat terrorism and prevent the spread of weapons of mass destruction to terrorists.
Working with our partners to strengthen the ability of the United Nations to help address those threats continues to be a key priority of my Government. To achieve that goal, we must continue to maximize the effectiveness, transparency and relevance of the Council’s counter-terrorism-related subsidiary bodies.
Let me thank Ambassador Apakan for an exceptional job guiding the Counter-Terrorism Committee (CTC) during his tenure as Chair. Ambassador has Apakan fostered greater efficiency in the CTC’s work and worked with Counter-Terrorism Committee Executive Director Mike Smith to keep the general membership up to date on the Committee’s activities through open meetings on such topics as international legal cooperation and maritime security.
As the Council begins to look at the renewal of the Counter-Terrorism Committee Executive Directorate (CTED) mandate, which the United States strongly supports, CTED should intensify its regional and thematic approach to its work. It should also continue to develop regional capacity- and network-building initiatives in the Horn of Africa, South Asia and the Sahel.
Finally, consistent with the emphasis that this Council placed on prevention issues in its September presidential statement on terrorism (S/PRST/2010/19), CTED should devote more attention to dialogue with countries on the issues addressed in resolution 1624 (2005) that relate to softer approaches to counter- terrorism. The CTC and CTED have made great strides in 2010, and we look forward to working with our partners to ensure that their efforts remain practical, focused and innovative.
Over the past 11 years, the Al-Qaida and Taliban sanctions regime has been one of the United Nations most effective counter-terrorism tools and a symbol of international consensus against the ongoing threats posed by Al-Qaida and the Taliban. The United States will continue to work through the Committee established pursuant to resolution 1267 (1999) to recommend the addition and removal of names on the sanctions list to ensure that the list keeps pace with the changing threat. We must now focus on ensuring that countries are implementing the financial, arms and travel sanctions against those on the list.
The United States welcomes the significant enhancements to the regime’s listing and de-listing processes outlined in resolutions 1735 (2006), 1822 (2008) and 1904 (2009). We remain confident that the establishment of an independent Ombudsman for the regime will help ensure that the de-listing procedures are fair and transparent. We welcome Kimberly Prost’s appointment as the Committee’s first Ombudsperson, and we look forward to working with her.
Let me thank Ambassador Mayr-Harting and his team, as well as the Secretariat, for their tremendous efforts. They have worked steadfastly to implement these reforms, and we are truly grateful for their work. I also thank the 1267 Monitoring Team for its important role in preparing narrative summaries of the reasons for listing each entry and proposing recommendations for improving the Committee’s work.
Finally, let join my colleagues in thanking Ambassador Heller for leading the Committee established pursuant to resolution 1540 (2004) this past year. The United States views the Committee’s activities over the past six years as a landmark effort to gain strong political support for the broad obligations created by that resolution, the success of which is noted in resolution 1887 (2009), adopted during the 2009 Security Council summit (see S/PV.6191), the 2009 comprehensive review of resolution 1540 (2004) and the work plan for this year’s Nuclear Security Summit. Resolution 1540 (2004) is not only a crucial instrument in the international counter-terrorism regime; it is also a vital piece on the international non- proliferation landscape.
The United States is pleased with the efforts of the United Nations Office for Disarmament Affairs and its recent workshops in Croatia and Viet Nam, which we co-sponsored. We are preparing to provide a financial contribution to the 1540 Committee through existing United Nations official development assistance funding mechanisms. We hope that this will help facilitate and motivate cooperation among other assistance providers.
The United States supports a lengthy, perhaps indefinite, continuation of the 1540 Committee to allow for long-term strategic implementation and resourcing. Such a mandate would include a periodic review of the Committee’s mandate and work methods, as well as a sunset provision requiring the Committee to cease operations when the Security Council determines that it has met all its objectives.
We are pleased with the direction steered by the three Committees. Under the capable leadership of the three current Chairs, United Nations counter-terrorism efforts will guide and reinforce Member States’ actions to deter terrorism, including the threats posed by Al-Qaida, its affiliated groups and the Taliban, as well as proliferation efforts by non-State actors.
My delegation would like first of all to thank Ambassadors Mayr-Harting, Apakan and Heller for their respective briefings. We commend the remarkable role they have played in leading the work of the counter-terrorism committees. As their mandates come to an end, we pay them well-deserved tribute for their important contributions.
My country welcomes the progress made by the international community in fighting terrorism, even if the daily reality reminds us that the terrorist threat continues to weigh on our collective security. We should therefore remain active in our determination to put an end to this scourge.
Gabon fully associates itself with the efforts made by the Security Council to that end through its relevant subsidiary bodies. In that regard, my delegation reiterates its support for counter-terrorism mechanisms.
Thanks to the work of the Counter-Terrorism Committee, the Council has made available to Member States tools to more effectively combat this phenomenon. My delegation would like to say a few words about the work of those three Committees.
With regard to the Committee established pursuant to resolution 1267 (1999), we welcome the progress made since the last debate on this issue (S/PV.6310), namely, the comprehensive review of the consolidated list and the appointment of Ms. Kimberly Prost as Ombudsperson, whose role will be to review requests for the de-listing of persons and entities covered by sanctions. My delegation supports the Committee’s efforts to improve its methods with regard to the listing and de-listing of incriminated entities and persons. The report of the Monitoring Team that will soon be submitted to the Council will be devoted entirely to that. We encourage the Committee to strengthen its cooperation with Member States, regional organizations and specialized counter- terrorism bodies.
With regard to the Committee established pursuant to resolution 1373 (2001), my delegation welcomes the results obtained since various aspects of its working methods were streamlined. Those improvements now make it possible for the Committee to devote more time to substantive work while continuing to focus on preliminary assessments prepared by the Counter-Terrorism Committee Executive Directorate in the context of the implementation of resolution 1373 (2001).
Similarly, we welcome the establishment of the Committee’s website, which serves as a tool for training and awareness-raising of our common efforts to combat terrorism. We also support the Committee’s practice of organizing regional workshops in order to take into account various challenges in the process of
combating terrorism. In that regard, a regional workshop organized jointly by the Counter-Terrorism Committee Executive Directorate and the United Nations Office on Drugs and Crime was held in Libreville this past June. The workshop was an opportunity for Member States of the Central African subregion to familiarize themselves with legal provisions applicable to illegal acts against maritime security and navigation and off-shore platforms.
As Chair of Subcommittee C of the 1373 Committee, Gabon appreciates the efforts made by many Member States to implement the provisions of the resolution. In that regard, we call on Member States to strengthen their cooperation with counter-terrorism bodies.
With regard to the Committee established pursuant to resolution 1540 (2004), Gabon welcomes the work to update the matrices that will constitute the database to be included in the report that the Committee will submit to the Security Council in April 2011. The establishment of new procedures for the publication of reports and for dealing with requests for technical assistance from States is another development that should be highlighted.
Gabon, which is party to nearly all instruments governing the disarmament process, reiterates its commitment to work alongside other States to completely eliminate weapons of mass destruction, which are today a threat to international peace and security.
Lastly, my delegation would like to reiterate its appreciation for the work of the 1267, 1373 and 1540 Committees. We urge them to strengthen their cooperation in the areas of information exchange, country visits, organizing workshops, technical assistance and relations with Member States and regional organizations.
I thank the Chairmen of the Security Council Committees related to terrorism for their briefings today and commend them for their work.
Brazil has long argued, both in the General Assembly and in the Security Council, for a coordinated and multidimensional response to the challenges posed by terrorism. Today’s debate may help us to reflect on ways to move towards that goal, which we believe is shared by the broad majority of Members.
An essential element of a strategy to fight terrorism is strong cooperation among Member States and between them and international, regional and subregional organizations. We are pleased that the work of the Security Council has gradually shifted its focus from the mere imposition of legal obligations — important as they are — to greater emphasis on building the capacity of Member States. For a legal framework to be truly effective, Member States must develop the means to implement it.
The activities of the Counter-Terrorism Committee reflect this new reality. The Committee has dedicated much of its work to facilitating technical assistance to Member States and to organizing events to train Government officials. It has also strived to adopt a regional perspective and to avoid preconceived solutions in dealing with shortfalls. In doing so, it has duly recognized that countries with different levels of development require different approaches. Its Executive Directorate has had, and will continue to have, an important role to play in that regard. My delegation supports the extension of its mandate.
Similarly, as highlighted on other occasions, the Committee established pursuant to resolution 1267 (1999) has made important strides in the recent past, especially after the adoption of resolution 1904 (2009). The conclusion of the review of the consolidated list of sanctions and the establishment of the Office of the Ombudsperson are but the most relevant examples. My delegation welcomes the appointment of Ms. Kimberly Prost as the first Ombudsperson and pledges its full support to her.
However, as we are all aware, major challenges still remain, in particular with regard to due process. In this critical area of its work, the Committee must reinforce its dialogue with the wider membership. In addition, Members should do their utmost to present their reasons when denying de-listing. Lastly, the Committee should ensure that its work fully benefits from the views of the Ombudsperson. To that end, Member States must provide her with the maximum relevant information possible. Her opinions must be fully taken into account in the decision-making process.
Turning to the Committee established pursuant to resolution 1540 (2004), we welcome the progress that it has continued to make in implementing its mandate. We note in particular the importance of taking forward
its cooperation with the other counter-terrorism Committees and with international organizations, consistent with the Committee’s mandate.
Brazil looks forward to the submission of the Committee’s report and to the renewal of its mandate early next year. In doing so, we feel that particular emphasis should be placed on those States whose capacities for implementation and reporting are limited. The Committee should mobilize its energy and resources to ensure that those States receive the support they need to implement resolution 1540 (2004).
The progress made in the recent past in the three Committees would not have been achieved without the competent work, constant leadership and dedication of their respective Chairs. I join others in commending Ambassadors Ertuğrul Apakan, Thomas Mayr-Harting and Claude Heller for the invaluable contributions they have made.
First of all, as other speakers have done before me, I would like to express my delegation’s gratitude to the Chairs of the Committees established pursuant to resolutions 1267 (1999), 1373 (2001) and 1540 (2004) — namely, Ambassadors, Thomas Mayr-Harting, Ertuğrul Apakan and Claude Heller. I would like very much to commend them and their teams, who have demonstrated constant commitment in the course of the past two years.
My delegation associates itself with the statement to be made shortly by the representative of the delegation of the European Union on behalf of the Union. Allow me to say a few words about each of the three Committees.
With regard to the 1267 Committee, we have come to the end of a process that involved two ambitious tracks, as mentioned by the representative of Austria. Throughout that process, France has sought to improve the efficiency of the sanctions regime, both as a counter-terrorism tool and to strengthen its legitimacy by taking into account the rights of listed persons as much as possible. We must ensure that the reforms set forth in resolutions 1822 (2008) and 1904 (2009) are fully implemented so as to restore balance to the Committee’s procedures in order to better take into account the fundamental rights of individuals and entities on the list. It is also essential that members of the Committee cooperate as far as possible with the Ombudsperson, an independent and autonomous body.
The new legal context leads us to reflect on a new reform of the Committee that would reflect the concerns of all members of the Security Council and make it possible to preserve the current sanctions regime. It seems to me that that would be the best way to respond to recent criticism of the 1267 sanctions regime. To condemn the regime is to draw the wrong conclusions from the current situation. We must all preserve the authority of the Security Council and defend its actions in fighting terrorism.
Current events from the Sahel to Pakistan have shown that we need more than ever an coordinated international response against the terrorist threat. We are convinced that the Committee can play an important role in the inter-Afghan reconciliation process with those who have chosen to renounce violence, cut ties with international terrorism and respect the Afghan Constitution.
Secondly, the Counter-Terrorism Committee has in recent months continued to refocus on more strategic tasks. It has highlighted specific difficulties related to various regional contexts, as well as issues of concern to all Member States, such as border control, the financing of terrorism, incitement to terrorism and judicial cooperation. France is very committed to the Committee’s in-depth work with each Member State of the United Nations. For us all, that is a way to ensure that the international measures we take are as effective as possible.
This year, Ambassador Apakan has organized several meetings open to all Member States on specific subjects, which made it possible to share the results of the Committee’s work as widely as possible. We would like the Committee to continue this information- sharing work and develop, together with the Counter- Terrorism Implementation Task Force, a guide of good practices in the most sensitive areas that would be accessible for all.
Whatever the commitment of the Chair of the Committee, it is as effective as it is because it can rely on the Counter-Terrorism Committee Executive Directorate (CTED). In just a few years, the CTED has become a key body of the United Nations for countering terrorism, and many States have benefited from technical assistance thanks to its assistance. Of course, we shall support the renewal of its mandate in several weeks.
Finally, I turn to the Committee established pursuant to resolution 1540 (2004). Terrorism and weapons of mass destruction continue to be a major threat to our security. Resolution 1540 (2004) provided the Council’s concrete and appropriate response to that threat, which, of course, does not exclude actions by other bodies. Together with Germany, France presented in the First Committee this year a draft resolution on preventing the acquisition by terrorists of radioactive sources (A/C.1/65/L.46), which was adopted by consensus. I would also like to recall the holding in April of the Nuclear Security Summit in Washington, D.C., which gave political impetus at the highest level to efforts to counter nuclear terrorism. We welcome the new summit is to be held in 2012 in Seoul.
Resolution 1540 (2004) is now well established in the United Nations landscape, but we must pursue our efforts to implement it effectively. The 1540 Committee remains a crucial tool in this effort, and we hope that its mandate will be renewed after 25 April 2011. We must also increase the visibility and effectiveness of the Committee. The Mexican chairmanship and the Group of Exerts have spared no effort to that end, and we thank them for that.
One area where particular progress could be made is assistance. As the Council knows, my delegation coordinates the working group on this subject. Some progress has already been made, and we now have an effective follow-up mechanism for offers of and requests for assistance. We have just adopted procedures to rationalize, improve and accelerate our response to these requests. Other areas in which we are working include developing specific visits to some countries, but we need the help of States for the Committee to play its role as an effective mediator. Here, I would appeal to all of those who offer or receive assistance in implementing resolution 1540 (2004) to so inform the Committee.
For its part, France will make the most of its presidency of the Group of Eight to encourage continued reflection on supporting the implementation of resolution 1540 (2004), in particular with respect to offers of assistance.
The Counter-Terrorism Implementation Task Force (CTITF) continues its work in coordinating with different actors, including the three Committees that we are discussing today. We welcome the appointment of its Chairman as the Director of the CTITF Office.
The strengthening of the Office will allow it to better enhance its actions to implement all the pillars of the Global Counter-Terrorism Strategy. The review of the Strategy, which has been under way since September, has been an opportunity to welcome the effectiveness of the Task Force. Once again, I welcome that work today.
I thank the three Chairpersons of the Security Council Committees established pursuant to resolutions 1267 (1999), 1373 (2001) and 1540 (2004), Ambassadors Thomas Mayr- Harting, Ertuğrul Apakan and Claude Heller, respectively, for their comprehensive briefings.
Terrorism is a global threat that requires collective and resolute action by all countries. Uganda reiterates its condemnation of all acts of terrorism and reaffirms that such acts are criminal and unjustifiable, regardless of their motivation and of who commits them. In this regard, we support the work of the three Committees and commend them for developing common strategies to advance the global fight against terrorism.
The briefings of the Committee Chairpersons have highlighted the progress made in the implementation of Security Council resolutions in the fight against terrorism and the challenges encountered in the course of their work. Given the increased level of sophistication of global terrorist networks, our collective efforts should continue to focus on denying terrorists any safe havens, closing sources of terrorist financing and reducing State vulnerability, while at the same time enhancing the preparedness and response capacities of States.
Uganda commends the cooperation and coordination among the three Committees and expert groups, which have had a positive impact on the fight against terrorism. We also welcome the increased outreach activities and sharing of information by the three Committees with the stakeholders. We thank those countries, organizations and financial institutions that have provided and continue to provide financial and technical support for the implementation of the respective resolutions.
We commend the closer cooperation between the United Nations and regional and subregional organizations and countries as an effective way of fighting terrorism. At the continental level, the African Union summit held in Kampala in July called for
enhanced cooperation to boost the continent’s collective action against terrorism.
Finally, Uganda shares the conclusions of the Chairpersons that coordination and cooperation among Member States, the United Nations and regional and subregional organizations provide an essential way to counter the threat of terrorism. The work of the three Committees is vital within the United Nations framework and the wider efforts of the international community. They can continue to count on Uganda’s unequivocal and full support.
I shall now make a brief statement in my national capacity.
I would like to thank Ambassador Heller for his work leading the Committee established pursuant to resolution 1540 (2004) this past year. Under his leadership, the Committee has played a more prominent role in global multilateral counter- proliferation and counter-terrorism efforts. The mechanisms for coordinating technical assistance requests have also been significantly improved.
Looking ahead, a further Committee mandate should recognize that the preliminary reporting exercise is now almost complete. With just a handful of non-reporting States left, the Committee would benefit from taking a more analytical approach and addressing the complex issues in implementing resolution 1540 (2004) that these reports and dialogues between the Committee and States have revealed. The Committee and its experts should develop their role as coordinators of relevant technical assistance, matching donors with recipients. The Committee should concentrate on assistance gaps and on establishing where it can add value to other efforts in counter- proliferation and counter-terrorism fields. For example, the comprehensive review of the status of the implementation of resolution 1540 (2004) showed that bio-security was among the weaker areas of implementation.
Turning to the Counter-Terrorism Committee, I am grateful to Ambassador Apakan for his final briefing as Chair. I pay tribute to his work to improve the Committee’s effectiveness, particularly its outreach and transparency through regular open thematic briefings and through the regional workshops conducted by the Counter-Terrorism Committee Executive Directorate (CTED). Looking ahead to the next CTED mandate, the Directorate should build on
its success and continue to adapt to the evolving threat of terrorism. In particular, we would like to see more focus on the drivers of radicalization and on how States can better counter violent extremism.
The Al-Qaida and Taliban sanctions regime is, and will continue to be, a vital counter-terrorism tool that enables the international community to disrupt terrorist activity on a much greater scale than through domestic measures alone. That is why we need to continue to work to ensure that the regime remains credible as a tool to maintain and restore international peace and security.
Turning to the Committee established pursuant to resolution 1267 (1999), I would like to thank Ambassador Mayr-Harting for chairing the Committee over the past two years. His leadership has been instrumental in driving the regime forward in a positive direction. The Committee has worked hard this year in implementing the advances to the regime introduced by resolution 1904 (2009), not least in conducting a successful review of those sanctioned and working with the newly appointed Ombudsperson. But the hard work is not over. The regime must continue to evolve to address the challenges it faces. The United Kingdom remains committed to this process and looks forward to contributing to further reform efforts over the coming year.
I now resume my functions as President of the Council.
I give the floor to the representative of Spain. I remind all speakers to restrict their remarks to less than five minutes.
I am grateful for the opportunity given to my delegation to participate in this open debate on the activities of the three Security Council Committees focused on the fight against terrorism. In that regard, I would like fully to endorse the statement to be made by the representative of the European Union delegation.
Spain believes that the Security Council has made great efforts since the 1990s to build a counter- terrorism system that, as a whole, is satisfactory and should be supported and improved as necessary in a duly constructive spirit by all States. This work of the Security Council should be complementary to the counter-terrorism efforts developed by the General Assembly, which should be the preferred forum for
articulating the overall response of the international community to global problems of our day. Spain is firmly committed to active multilateralism in the fight against terrorism and believes that the implementation of the United Nations Global Counter-Terrorism Strategy, adopted by consensus by the General Assembly in 2006, is a valuable tool against the global threat posed by terrorism.
Respect for the rule of law and human rights is basic in the fight against terrorism. Spain will therefore always support reforms of the system that allow that fight to be conducted in a more fair, rational and transparent way, with full respect for human rights. The guarantees provided for in resolution 1904 (2009) concerning the listing procedures of the Committee established pursuant to resolution 1267 (1999) constitute a concrete example of the constructive spirit of improvement I mentioned earlier.
Spain also contributes actively to promoting the Alliance of Civilizations, an initiative of the Secretary- General that seeks in a practical way to promote understanding and cooperative relations among States and peoples of all cultures, so as to address all kinds of extremism and fanaticism that could lead to violence.
In that regard, I would like to refer to the informational meeting of the Security Council held on 26 May, which was devoted to intercultural dialogue for peace and security and convened by the presidency of Lebanon (see S/PV.6322). I would also like to refer to the victims of terrorism. In that connection, Spain believes that we must respond by highlighting their status, visibility and testimony. We therefore hope that the Security Council will encourage the necessary follow-through to the intention expressed in resolution 1566 (2004), on assistance to victims of terrorism, through a support fund or a practical assistance mechanism, which is also called for in the Global Counter-Terrorism Strategy.
I would like to thank the Chairs of the 1267 Committee, the Committee established pursuant to resolution 1373 (2001) and the Committee established pursuant to resolution 1540 (2004) for the information provided today and for the work that they have been carrying out together with their expert groups to fulfil the mandates assigned to them. In that regard, we appreciate their intention to strengthen cooperation among themselves and to organize joint initiatives and
visits to States so that States may better understand their degree of compliance with their obligations.
Resolutions 1267 (1999), 1373 (2001) and 1540 (2004) constitute concrete actions by the Council in defence of international peace and security against the threat posed by international terrorism. Spain would like, first of all, to highlight the work of the Committee established pursuant to resolution 1267 (1999), concerning Al-Qaida, the Taliban and associated individuals and entities. Specifically, we would like to point to the recent review of the consolidated list within the deadline, 30 July, which will help to monitor compliance with the sanctions regime imposed by the Security Council. Resolution 1904 (2009) introduced improvements in the procedures of the individual sanctions established by resolution 1267 (1999) and increased due process guarantees so as to set fair and clear procedures regarding the matter of listing and de- listing.
Spain would also like to highlight the work done by the Counter-Terrorism Committee and its Executive Directorate to ensure compliance with resolutions 1373 (2001) and 1624 (2005) and to facilitate technical assistance to countries that request it.
Today, new threats to international peace and security are linked to the proliferation and trafficking of weapons of mass destruction in the hands of non- State actors or States outside or in violation of international law. Therefore, Spain would like to express its support for the work performed by the Committee established pursuant to resolution 1540 (2004) and for its efforts to design mechanisms for monitoring the implementation of that resolution, and for the work to extend its universal application.
Terrorism constitutes a grave threat to international peace and security, has devastating effects on innocent people in all regions of the world and aims to undermine supreme values extolled in the United Nations Charter. It is time that Member States above all, under the aegis of the Organization, show strong political will to confront this barbarism and that we use all means that the United Nations Charter provides us.
At the outset, I would like to express our deep appreciation to you, Mr. President, for holding this open debate. We would also like to thank the three Chairmen of the Security Council Committees for their detailed briefings. Those Committees form the
cornerstone of counter-terrorism at the global level. We would also like to commend the continuous progress in cooperation and constructive dialogue between the groups of experts and those Committees, enhancing the effectiveness of their mandates and the influence of their activities in the field.
With regard to the work of the Counter-Terrorism Committee (CTC), we support its adoption of a transparent, strategic approach to its work, concentrating on raising awareness of the importance of that work within the United Nations and contributing to the rationalization of its working methods. We also support the Committee in enumerating the major challenges facing the Member States in fully implementing resolution 1373 (2001) included in the report of the Executive Directorate, particularly with regard to the urgent and necessary human and financial resources and the basic infrastructure for national capacity-building.
We believe that taking a regional and subregional approach to facilitate the provision of technical assistance to Member States, upon their requests, would enhance rational management of available resources and increase the opportunity for coordination and exchange of expertise in combating terrorism among neighbouring countries.
At the national level, Morocco has continued its intensified efforts to implement resolution 1373 (2001), particularly the practical parts regarding measures to counter money laundering. We established a special unit on financial transactions in 2009 that receives and deals with the reports submitted to it by banking institutions on suspicious financial transactions. It has begun to respond to those requests with a view to joining the Egmont Group of Financial Intelligence Units in 2011.
Furthermore, all the relevant aspects of implementing resolution 1624 (2005) are in complete accordance with all the efforts by the Kingdom of Morocco in adopting a comprehensive approach to counter-terrorism that focuses on and deals with the factors that contribute to the spread of extremist ideologies and ideas.
With regard to the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities, we welcome the efforts by that Committee in reviewing the Consolidated List to make
it more accurate, credible and effective. Although we note the progress made in order to implement the provisions of paragraph 25 of resolution 1267 (1999), we believe further efforts are required to enhance transparency and contacts with concerned States. We believe that the Consolidated List on which the sanctions regime depends must remain accurate and flexible in order to cope with changing developments on the ground.
In that regard, we would like to express our deep concern over the spread of terrorist activities in the Sahara and coastal areas and the intensification of trafficking activities in drugs, humans and small arms, which finances terrorist activities that affect the region and beyond and represent a grave danger to the entire area. At the national level, we have continued our tireless efforts to adapt our legislation to our international commitments, particularly in monitoring dual-use export material and in accordance with the free trade agreement that we concluded in recent years. We will continue to be an active and serious partner with the international community by making every possible effort to establish constructive and effective international cooperation in order to eradicate terrorism.
I now give the floor to the representative of Cuba.
Allow me to congratulate you, Mr. President, on the way in which you have been steering the work of the Security Council this month.
I will speak for less than four minutes. I thank the Chairmen of the Committees for the information provided, which informs us about the work they are carrying out. Cuba values and follows up on the work of those Committees and strictly complies with the obligations under Security Council resolutions 1267 (1999), 1373 (2001) and 1540 (2004). I wish to reiterate Cuba’s strongest rejection of all terrorist acts, methods and practices in all their forms and manifestations, by whomever or against whomever and wherever they are committed. All terrorist acts, whatever their motivations, must be condemned.
My country has systematically submitted various comprehensive reports on measures it has taken on this issue. Border control is a major aspect of Cuba’s work in combating terrorism. Our control is efficient, based on the experience gained in more than 50 years
fighting terrorism. That has allowed us to thwart many acts of this nature.
The position of my country on weapons of mass destruction is also clear. Cuba does not possess, nor has it the intention of possessing, weapons of that kind. They have never been part of our national defence strategy. In addition, my country has ratified or acceded to 13 international conventions on terrorism.
Cuba attaches great importance to the adoption of the United Nations Global Counter-Terrorism Strategy. My country has enacted a wide range of legislative measures, even long before the adoption of the Strategy, with the goal of preventing and suppressing all terrorist acts and activities and those directly or indirectly associated with them. My country has an impeccable record in confronting terrorism, to which it has historically fallen victim. I wish to reiterate Cuba’s unswerving determination to never allow its national territory to be used to organize, incite, support or carry out terrorist acts.
Cuba categorically rejects the unilateral preparation by the Government of the United States of America of a list of States that supposedly sponsor terrorism, and the inclusion of Cuba on that list. That is a spurious and politically motivated exercise, contrary to international law and the Charter of the United Nations.
No Government can claim the right to classify the behaviour of other nations in terms of terrorism. Much less can that be done by a Government that adopts a double standard, as it does not prosecute the confessed perpetrators of horrible terrorist acts against Cuba and other countries of this hemisphere, as in the cases of Luis Posada Carriles and Orlando Bosch. It allows them to remain free and to participate in political activities. At the same time it arbitrarily and unjustly keeps in prison five Cuban citizens, who, risking their lives, were fighting against the activities of terrorist groups that operate with impunity against Cuba in the United States territory.
Just a month ago, several terrorists with a long record of actions against Cuba were honoured at the Institute for Cuban and Cuban-American Studies of the University of Miami, in the presence of American members of Congress. That Institute is heavily subsidized by the United States Government. Only eight months ago, Posada Carriles was the guest of honour of the annual conference of the terrorist
organization, Alpha 66. Recent revelations by another confessed terrorist, Francisco Chávez Abarca, confirm details of Posada Carriles’ responsibility for acts of terrorism against Cuba. It is not in Cuba but in the United States where a terrorist mafia acts with impunity, having organized, financed and carried out hundreds of terrorist acts against the Cuban nation. Cuba has a completely clean record concerning terrorism. The United States Department of State, which issued that report, cannot say the same.
On several occasions Cuba has cooperated with the United States Government and has recently reiterated its willingness to continue doing so.
We reiterate our willingness to deliver a more detailed presentation on these questions before the Counter-Terrorism Committee, or to submit to it any additional information or clarification considered necessary.
As it has always done, Cuba will continue to strictly comply with the stipulations of Council resolutions 1267 (1999), 1373 (2001) and 1540 (2004) and will cooperate with the subsidiary bodies established pursuant to them.
Before concluding, I wish to reiterate the willingness of my country to cooperate with any State, including the United States, in preventing and confronting international terrorism on the basis of mutual respect, the sovereign equality of States and the principles and rules of international law, including the Charter of the United Nations.
I now give the floor to the representative of Norway.
I have the honour to speak on behalf of the informal group of like-minded States comprising Belgium, Costa Rica, Denmark, Germany, Finland, Liechtenstein, the Netherlands, Sweden, Switzerland and my own country, Norway.
The members of the European Union (EU) in this group also align themselves with the statement to be delivered by the delegation of the European Union.
We thank the respective Chairpersons for their briefings today. The Council and the 1267 Committee have taken significant steps to further strengthen the due-process elements in the work of the Committee. It is against that backdrop that the informal group of like- minded States makes this intervention today.
In doing so, I should underline that the group supports and fully recognizes the application of targeted sanctions as a useful and necessary tool to effectively combat international terrorism. Our position has been guided by the goal of strengthening the regime established by resolution 1267 (1999) in order to make that regime more credible and thus more effective.
First of all, we commend the 1267 Committee, under the leadership of Ambassador Thomas Mayr- Harting of Austria, for having completed the review of all the persons and entities on the Committee’s Consolidated List on 30 July this year. The review is an important achievement, as the removal of 45 entries, including 9 deceased persons, strengthens the credibility of the system. Many Member States have made important contributions to the Committee’s review. We should also like to recognize the efforts and hard work of the Secretariat and the Monitoring Team in that process. We are also pleased to note that the number of narrative summaries posted on the Committee’s website continues to grow.
In the view of the like-minded States, the adoption of resolution 1904 (2009) is a major step forward in strengthening due-process guarantees, in particular for persons or entities that wish to be removed from the Consolidated List. The creation of the position of an Ombudsperson to assist the Committee when it considers requests for de-listing is of course the main feature introduced by resolution 1904 (2009).
We commend the Secretary-General for the appointment in June this year of Judge Kimberly Prost to serve as Ombudsperson. Judge Prost has a wealth of experience in a number of legal disciplines as well as in the counter-terrorism field. We are confident that she will execute her important mandate to the full satisfaction of all involved parties, and we pledge full support to and cooperation with Judge Prost and her office.
The Ombudsperson receives and considers requests for removal of entries from the Consolidated List. To that end, she engages with individuals, entities and States in order to obtain a clear picture of why a given person or entity has been listed by the Committee, and also in order to assess the current justification for the listing.
The Ombudsperson cannot function effectively without the full cooperation of Member States. We therefore call on all United Nations Member States, not only the members of the Security Council, to respond promptly and adequately to the Ombudsperson’s requests for information and assistance. It is of paramount importance that the Ombudsperson has access to all relevant information, including confidential and classified documents, regarding the listing.
We have taken due note of the Ombudsperson’s initial priorities of safeguarding the independence of her office and of raising general awareness of the role of the Ombudsperson. All Governments should assist the Ombudsperson in making the office’s mandate widely known by, for example, bringing the existence of the Ombudsperson’s website to the attention of relevant non-governmental organizations and to national bar associations. States should also be encouraged to include information in their periodic reports to the 1267 Committee on what steps they have taken to generate publicity about the mandate of the Ombudsperson.
Furthermore, all States should receive the necessary general information about the work of the Ombudsperson. Such information will contribute to a deeper appreciation of the role and needs of the Ombudsperson and of any possible challenges in the exercise of her mandate. More knowledge on the part of Member States in that area could in turn strengthen the cooperation with the Ombudsperson. We therefore look forward to the biannual reports of the Ombudsperson.
The informal group of like-minded States would also encourage the Ombudsperson to consider giving regular interactive briefings on her role and activities, as has become the practice for other key United Nations entities in the field of counter-terrorism, such as the Counter-Terrorism Committee Executive Directorate.
The Ombudsperson cannot -and is not intended to — function in a vacuum. She will need to engage with States and petitioners when performing the key functions of her mandate. That activity may require resources for travelling. Furthermore, the Ombudsperson might benefit in her work from participating in relevant seminars or obtaining country- specific information. We therefore call on the Council
to provide the necessary resources and thereby consolidate the independence of the mandate of the Ombudsperson.
One of the major improvements that came with resolution 1904 (2009) is that the Committee will meet to discuss the report that the Ombudsperson submits to it after she has considered a request for de-listing. We assume that in such cases, where the Ombudsperson has been involved and has thus given the request for de-listing a thorough assessment, there will be less need for putting requests on hold. The current practice of placing de-listing requests on hold is sometimes justified by a need for additional information before a final decision can be made. That justification might be less compelling in a situation where the Ombudsperson has provided the Committee with all relevant information.
The informal group welcomes all the progress made so far, and we will continue to closely follow the functioning of the mandate of the Ombudsperson. We support any measures that are suitable to maximize the effectiveness of that mandate.
At the same time, we will continue to consider further steps towards strengthening the due-process rights of those listed. In our view, we should continue to reflect on how the current system could be enhanced, including in terms of guaranteeing its effectiveness and credibility, without calling into question the very important progress that has been achieved so far.
I would like to once again encourage the Council to continue its open and inclusive dialogue with interested States on issues pertaining to sanctions. I would, in this regard, reassure you that the informal group of like-minded States stands ready to engage in such a dialogue and offer our views and perspective on the way forward on those important issues.
I now give the floor to the representative of India.
Allow me at the outset to congratulate you, Mr. President, on your assumption of the presidency of the Security Council.
I would also like at the outset to place on record our deep appreciation for the excellent work of the three distinguished Chairs of the Committees established pursuant to resolutions 1267 (1999), 1373 (2001) and 1540 (2004), as well as for their briefings
and the sharing of their experiences while carrying out the work of those Committees.
Terrorism is the most abhorrent and heinous crime against humanity as a whole. It continues to be a pervasive and insidious threat not only to global security, but also to the core values of the United Nations. It is our firm conviction that no belief, justification, political cause or argument can be used to justify acts of terrorism. We condemn terrorism in all its forms and manifestations, irrespective of its motivations, as criminal and unjustifiable.
There are deep concerns about the potential nexus between clandestine proliferation and terrorism and the ever-present danger of such weapons or vulnerable nuclear materials falling into the hands of non-State actors. As a victim of terrorism and the worst sufferer for the last many decades, India fully supports all efforts for greater and more meaningful international cooperation to counter and combat the scourge of terrorism.
We support the anti-terrorism mechanisms established by the United Nations, including Security Council resolution 1267 (1999) related to sanctions against Al-Qaida and the Taliban; resolution 1373 (2001), which led to establishment of the Counter- Terrorism Committee; and resolution 1540 (2004), which addressed the issue of non-proliferation of weapons of mass destruction.
We support measures to strengthen the review process of the listings on the Consolidated List through the Office of the Ombudsperson, pursuant to resolution 1904 (2009). At the same time, we are concerned that the process of listing and de-listing in the Consolidated List continues to be subject to political will and pressure — a scenario we can ill afford in our united fight against terrorism.
We fully support the efforts of the Counter- Terrorism Committee and the Counter-Terrorism Committee Executive Directorate (CTED) to play a more effective role in countering terrorism. As the CTED mandate comes up for renewal next month, the endeavour should be to enhance coherence and synergy among the various counter-terrorism structures that are dealing with the issue of terrorism within the United Nations. We appreciate the Counter-Terrorism Committee’s efforts to organize thematic briefings, streamline its working methods and give more focus to substantive and analytic work.
We have also taken note of the recommendations made in the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/HRC/10/3 and Add.1). It requires careful examination and further consideration.
We support efforts of the 1540 Committee to handle assistance requests by countries and to find means to address the most commonly found gaps in implementing resolution 1540 (2004). However, it is important that those activities are performed at the request of Member States while keeping in mind their varying national capacities, procedures and systems.
We look forward to greater efforts to bring together interrelated aspects of the operational mechanisms of the 1267 Committee, the 1540 Committee and the Counter-Terrorism Committee. In that context, the institutionalization of the Counter- Terrorism Implementation Task Force (CTITF) in 2009 was a positive step to strengthen United Nations efforts to counter terrorism by providing an umbrella under which different United Nations entities can effectively work in a coordinated and coherent manner.
India has an abiding interest in expeditiously concluding the long-pending comprehensive convention on international terrorism. An early adoption of the convention is in the interests of all Member States and would provide impetus to multilateral and collective action to counter international terrorism. In his latest report on the Global Counter-Terrorism Strategy (A/64/818), the Secretary-General has rightly pointed out, in paragraph 139, that the comprehensiveness of implementing the Strategy will not be complete without the conclusion of a comprehensive convention on international terrorism.
It is important to bear in mind that successful implementation of counter-terrorism measures requires not only the fullest collective effort of the entire membership, but also their fullest participation in processes that affect the collective security of all nations equally.
We will be privileged to serve on the Security Council from January 2011 onwards, and we intend to work very closely with the counter-terrorism mechanisms. It will be our endeavour to strengthen ongoing efforts to promote open dialogue and interactive discussions in order to ensure wider participation of the membership.
I give the floor to the representative of Sri Lanka.
At the outset, may I offer my congratulations to you, Sir, on your assumption of the presidency of the Council and for initiating this timely discussion. I thank the Permanent Representatives of Austria, Mexico and Turkey for their briefings on the implementation of the three crucial Council resolutions on terrorism, so central to maintaining international peace and security.
Much had been said within the United Nations, in particular in the Council, on countering terrorism. Yet the world continues to be rocked regularly by senseless acts of terror or attempts to unleash death and destruction in our midst. The scourge of terrorism poses a suffocating threat to our common values of decency and humanity and to our democratic way of life.
Constant fear — induced by terrorism, insecurity, anxiety and the never-ending tragic losses both human and material — and economic stagnation were a common experience of life in Sri Lanka for nearly three decades. Fortunately, that vile menace was completely eradicated from our soil last year, after repeated efforts to talk to the perpetrators and get them back into the democratic fold had been rebuffed. For our part, we will take every measure to ensure that our lives will never again be allowed to be tortured by warped minds wantonly sowing death and destruction.
The agony imposed by terrorism does not respect boundaries. It is a menace that has affected countries across the globe — their attitudes, their economies and their daily lives. Hence, our response to terrorism cannot and should not be viewed or judged by looking through different prisms. The United Nations, and this Council in particular, should act with a common purpose to assist every sovereign State and to respect its right to free its territory from the abomination of terrorism and protect its people’s right to life, peace, security and democracy.
The presentations we have just heard from the three Committee Chairs were comprehensive. We recognize the efforts of the Committees to assist with capacity-building and knowledge-sharing and to bridge gaps in implementing counter-terrorism measures.
We see enormous benefits in all Member States closing ranks in order to implement the Security
Council resolutions on countering terrorism. In that context, we emphasize the need to prevent the use of their territories as safe havens by terrorist groups and front organizations, including for raising funds, acquiring financial assets and economic resources and other related activities that fuel and sustain terrorism and pose threats to peace and security elsewhere.
The continuing danger posed by seemingly innocent front organizations exploiting the democratic freedoms of our societies to perpetuate this evil must be stopped. Enhanced cooperation among intelligence and defence establishments across borders, active intelligence-sharing and constant vigilance are vital in our efforts to counter terrorism. Sri Lanka is grateful to our network of friends with whom we have effectively developed intelligence links. The value of intelligence- sharing was lucidly illustrated in recent days when multiple tragedies were avoided due to the vigilance of intelligence agencies and their willingness to share information.
Similarly, such cooperation is vital to prevent the acquisition of arms and other destructive material by groups bent on sowing death and destruction. Cross- border cooperation in thwarting the ever present link between international terrorism and transnational organized crime becomes critical. Terrorism’s tentacles have spread to such areas as the illicit trade in arms, the multibillion-dollar narcotics trade, money- laundering and trafficking in persons — a phenomenon that my own country is now confronting.
Collective action has become all the more vital due to the ease with which terrorists establish cross- border linkages and exploit advances in technology and communications that can lead to formidable and destructive innovations. In parallel, it is also necessary to address underlying social, economic and political factors that may contribute to breeding terrorism.
Against that background, it becomes incumbent on all countries to re-examine their policies on granting asylum and refugee status, especially to prevent the abuse of well-intentioned, generous and humane policies by terrorists, front organizations or facilitators of terror. It would also be imperative to streamline and enhance domestic law enforcement and security mechanisms to close any loopholes.
Cooperation across borders also becomes an absolute necessity if this hydra is to be placed back in its box. Arrangements for mutual legal assistance and
the extradition of terrorists — a requirement under a number of conventions concluded under the auspices of the United Nations — and helping countries to develop national capacity in the areas of investigation, prosecution, intelligence gathering, border protection, customs and immigration surveillance and forensic science are vital tools that can add to global efforts in countering terrorism.
In this regard, we thank the Counter-Terrorism Committee Executive Directorate and the Governments of Canada and Australia for facilitating the second workshop in South Asia, which was hosted by Sri Lanka in August 2010, for police and prosecutors on the subject of effectively countering terrorism.
Collective regional efforts could significantly boost efforts in deterring terrorist activity. It was in that spirit of cooperation and understanding that the members of the South Asian region adopted the South Asian Association for Regional Cooperation (SAARC) Convention on Mutual Legal Assistance in Criminal Matters and the ministerial declaration on cooperation in combating terrorism, during the fifteenth SARRC meeting, held in Colombo in 2009, for which Sri Lanka provided firm leadership.
Sri Lanka earnestly hopes that all the Members of the United Nations will demonstrate the necessary political will by concluding negotiations on the comprehensive convention on international terrorism, which has unfortunately been on the table for almost a decade. It is time to send an unequivocal message of our commitment to eradicate the menace of terrorism by taking the appropriate political decisions now.
My country remains committed to cooperating with the Committees established pursuant to resolutions 1540 (2004), 1267 (1999) and 1373 (2001) — as well as with other related intergovernmental bodies working on countering terrorism such as the United Nations Office on Drugs and Crime, INTERPOL, the International Civil Aviation Organization and the International Maritime Organization — both at the international and regional levels, as well as to sharing its experience and expertise in that regard.
I now give the floor to Mr. Pedro Serrano, acting head of the delegation of the European Union to the United Nations.
Mr. President, many thanks for giving the floor to the European
Union. The candidate countries of Turkey, Croatia and the former Yugoslav Republic of Macedonia, the countries of the Stabilisation and Association Process and potential candidates of Albania, Bosnia and Herzegovina, Montenegro and Serbia, as well as the Republic of Moldova, align themselves with this declaration. I will read an abridged version of my statement.
I wish to thank the Chairs of the Committees established under resolutions 1267 (1999), 1373 (2001) and 1540 (2004) for their reports. We note that, since the most recent debate on this topic in May 2010 (see S/PV.6310), a number of relevant developments have occurred, which demonstrates the usefulness of having these regular briefings.
The European Union highly commends the efforts of the Committee established pursuant to resolution 1267 (1999), under the chairmanship of Ambassador Mayr-Harting, and its Monitoring Team to strengthen due process in the Committee’s work.
The adoption of resolution 1904 (2009), at the end of last year, was a significant step forward in the continued efforts of the Security Council to ensure that fair and clear procedures exist for listing and de-listing decisions. We believe that ensuring procedural guarantees for the individuals and entities designated by the Al-Qaida and Taliban Sanctions Committee will strengthen the effectiveness of the sanctions and contribute to their credibility.
In that regard, we welcome the creation of the Office of the Ombudsperson and the appointment of Judge Kimberly Prost as Ombudsperson. We wish her every success in the fulfilment of her challenging mandate and offer her the full support of the European Union (EU). The full cooperation with, and the provision of all relevant information to, the Ombudsperson and the consideration of her observations are essential.
The EU remains committed to ensuring the implementation of the decisions adopted by the Committee in its own legal order. The most recent judgement of the EU General Court in the Kadi case indicates that legal challenges remain ahead. However, we are confident that those challenges can be overcome. They should not be considered as putting in question the EU commitment to upholding the principles of the United Nations Charter and the collective obligations of its member States under it. In
that regard, a continued dialogue between EU institutions and the Security Council remains essential to address these common issues in order to find common solutions.
We welcome the completion by the Committee of the comprehensive review of the consolidated list at the end of July, thereby fulfilling an important mandate under resolutions 1822 (2008) and 1904 (2009). The implementation of the new provisions of resolution 1904 (2009) should further enhance the quality and credibility of the sanctions regime.
The European Union would also like to commend the Counter-Terrorism Committee (CTC), under the able leadership of Ambassador Apakan of Turkey, as well as the Counter-Terrorism Committee Executive Directorate (CTED) for their ongoing work, and in particular the emphasis on capacity-building and the facilitation of technical assistance to countries requesting it, bearing in mind the respective mandates and roles of the CTC and CTED. We recall in this context the continuing support of the EU for capacity- building projects in close cooperation with CTED.
We also appreciate the recent activities of the Committee and CTED to address specific counter- terrorism issues through thematic debates and briefings, as well as the many regional workshops. We look forward with interest to the upcoming mandate renewal. In this context, we continue to encourage deeper integration of human rights in the work of the CTC and CTED with Member States, as well as closer cooperation with the Counter-Terrorism Implementation Task Force and its entities.
The European Union fully supports the work of the Committee established pursuant to resolution 1540 (2004), and we warmly thank Ambassador Heller of Mexico for conducting the Committee’s efforts. The EU strategy against the proliferation of weapons of mass destruction of 2003 and the EU new lines for action adopted in 2008 provide the framework for concrete EU action in that regard.
The European Union has been active in ensuring the full implementation of resolution 1540 (2004), both internally, inter alia through regular updates of its regulation on export controls on dual-use goods, and externally, by promoting the full implementation of resolution 1540 (2004) in third countries and supporting a number of projects and regional workshops.
In closing, I would like to commend once again the crucial and complex work of these three specialized Security Council Committees to prevent and combat terrorism. More generally, we wish to underline the importance of good cooperation between the Committees and all relevant United Nations actors in this field.
The European Union would like to underline once again that any measures 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.
The European Union would like to join others in thanking the members, experts and Chairmen of the three Committees for their important work. I would like to assure them of the full commitment of the EU to support the Committees’ work.
I thank Mr. Serrano for keeping strictly to the time limit. I now give the floor to the representative of Pakistan.
I would like to congratulate you, Mr. President, and the delegation of the United Kingdom for the excellent work of the Security Council done under your leadership this month. I would like to congratulate the Permanent Representative of Uganda and his team for a successful presidency of the Council during the month of October.
I would like to thank the Chairpersons of the Al-Qaida and Taliban Sanctions Committee, the Counter-Terrorism Committee and the Security Council Committee established pursuant to resolution 1540 (2004) for their briefings today. We support the efforts of all three Committees in promoting greater transparency and dialogue with Member States concerning their respective areas of activity.
Pakistan strongly condemns terrorism in all its forms and manifestations, committed by whomever, wherever and for whatever purposes. Terrorism and extremism should not be associated with any religion, race, ethnicity, faith, value system, culture or society. No religious tradition or doctrine could be depicted as encouraging or inspiring acts of terrorism.
The international community needs to promote economic and social development as the means to arrest and eliminate extremism and terrorism. Socio-economic marginalization is one of the conditions conducive to the spread of terrorism. The promotion of socio-economic
development in regions where extremism exists should be a high priority for the international community.
I would like to underline that the important thing is that countries should take action against terrorism and should be provided with the resources and ability to do so. We should follow procedures but must not get caught up in procedures, processes and reporting requirements, which should be secondary to the actual action on the ground undertaken by States. Pakistan has deployed 160,000 troops on its border with Afghanistan and has set up 822 border posts to intercept Al-Qaida and Taliban members. As a result of terrorist acts and our efforts to root out terrorism, the death total for Pakistan’s law-enforcement personnel stands at 2,549, with 7,185 civilian casualties, while 6,790 law-enforcement personnel and 15,502 civilians have been injured.
We have noted the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, contained in document A/65/258. Mr. Martin Scheinin has raised many fundamental questions on the role of Security Council Committees in the area of counter-terrorism, which we have carefully noted.
Pakistan has made considerable progress since the last report of the Counter-Terrorism Committee Executive Directorate (CTED) on countering the financing of terrorism. Pakistan has become a party to the United Nations Convention for the Suppression of the Financing of Terrorism and has enacted a landmark anti-money-laundering bill. A financial monitoring unit has been established in the State Bank of Pakistan to monitor suspicious financial transactions. Recently, 64 additional bank accounts and 750.8 million Pakistan rupees have been frozen. CTED also organized a workshop for Pakistani parliamentarians in Islamabad in November 2009. Such workshops and visits are helpful in human resource development.
A large number of Pakistan’s security personnel have sacrificed their lives in counter-terrorism operations. We need to enhance their capacity too. We need counter-terrorist equipment, including safety vests for police officers, night-vision equipment, wireless interceptors and monitors. So far, the narrative of capacity-building has not included the most obvious requirements of States in concrete situations of counter-terrorist operations. We trust that the Counter-
Terrorism Committee and CTED, under its capable leadership, will soon be able to deliver in this area.
The Al-Qaida and Taliban Sanctions Committee and its Monitoring Team have a difficult task to perform. We have noted the efforts of the 1267 Sanctions Committee to bring clarity to its working methods, and that the Committee has made an effort to improve its guidelines. We appreciate the improvements in information-gathering and the flow of information between various actors, as well as the introduction of a timetable for the de-listing procedure. We hope that the Committee will continue to bring greater transparency to its work.
We are of the view that much needs to be done to improve the revised procedures and meet the standards required to ensure a fair hearing for listing or de-listing individuals and entities. We welcome the appointment of the Ombudsperson under resolution 1904 (2009), as it improves compliance with one element of due process, that is, accessibility. The institution of the Ombudsperson can earn credibility if it is mandated to make recommendations, if not decisions, to the Committee, and if its recommendations can lead to binding obligations for Member States.
We are not surprised that the decisions of domestic and international courts and tribunals on the 1267 sanctions regime have garnered worldwide attention. The preventive nature of the sanctions makes the listings very simple and enforcement-friendly. However, the legal community is more inclined to verifiable evidence that might be acceptable in a court of law. The questions of due process and effective remedy are at the heart of courts’ deliberations. We should consider the possibility of exclusive sharing of verifiable evidence with courts, and of fixing a time limit on a listing’s being in effect.
Pakistan was a member of the Security Council when resolution 1540 (2004) was adopted. We agreed that it was a timely measure for addressing the proliferation of weapons of mass destruction and their means of delivery to non-State actors. We also identified the need to make the resolution’s follow-up mechanism more inclusive, transparent and balanced in terms of the responsibilities of States and the international cooperation available to them to achieve its objectives.
Finally, I would once again underscore the evolving nature of the counter-terrorism challenges we are facing and the usefulness of these briefings.
I now give the floor to the representative of the Syrian Arab Republic.
I give the floor to the representative of Israel.
I thank you, Mr. President, for convening this important debate on counter- terrorism. I would also like to express my appreciation to the Chairpersons of the s committees for their
professional work and for their informative briefings this morning.
Considering the crucial role that the United Nations plays in coordinating global counter-terrorism efforts, it is of the utmost importance that there be close cooperation among all three of its subsidiary bodies, as well as with the Counter-Terrorism Implementation Task Force (CTITF), on this issue. We welcome the periodic informal briefings for Member States held by the counter-terrorism committees, and we encourage them to continue to hold them.
In September, at the second review of the United Nations Global Counter-Terrorism Strategy, Member States reaffirmed their collective commitment to making progress on these issues and resolved to implement the Strategy. The review also reaffirmed the important role of the CTITF in enhancing international cooperation and capacity-building in this field.
Every day, at least one Member State suffers from some form of a terrorist attack. No matter whether these attacks are in the form of roadside bombs, letter bombs, suicide bombers, threats to synagogues or kidnappings, their objectives remain the same: to instil fear in the population and advance terrorists’ goals through abhorrent violent means.
We in Israel know first-hand the devastation caused by terrorism. Hamas and Hizbullah are among the most dangerous terrorist organizations worldwide, threatening not just Israel’s security but also the stability of the entire region. The growing arsenal of missiles and rockets, combined with the continuous transfer and smuggling of weapons and ammunition to these organizations, including by Iran and Syria, represent an imminent threat.
In this regard, it should come as no surprise that the speaker before me lectured all of us about terrorism. Syria is the prime sanctuary for terrorists, hosting the headquarters of numerous terrorist organizations in Damascus and financing, sponsoring and training terrorist activities in and from its soil, in clear violations of resolutions 1373 (2001), 1624 (2005) and 1701 (2006) numerous other resolutions.
An important briefing organized by the Counter- Terrorism Committee Executive Directorate (CTED) in October closely examined the elements of resolutions 1373 (2001) and 1624 (2005) relating to safe haven for terrorists. This issue is of particular concern to my
delegation, as in our region, as I said before, several Member States have granted safe haven to terrorists who seek to attack Israel by any means.
Regarding the Counter-Terrorism Committee and the work of the Counter-Terrorism Committee Executive Directorate, I would like to commend Executive Director Mike Smith for his able leadership. We appreciate his ongoing dialogue with Member States, as well as his valuable informal briefings. My delegation fully supports the renewal of CTED’s mandate, which will be considered next month.
Israel continues to strengthen its professional cooperation with CTED and to share best practices with other interested parties, including by means of technical cooperation. For example, Israel was among the donor States that contributed to the successful workshop entitled “Challenges to effective border control facing East African countries”, which was held in Nairobi, Kenya, in June. Our contribution to the workshop was part of Israel’s broader bilateral cooperation with and technical assistance to States in the Horn of Africa.
In a similar vein, Israel has taken a keen interest in supporting other initiatives in West Africa, Asia and South America in the multilateral, regional and bilateral spheres. Among the particular areas of Israel’s bilateral cooperation are those relating to preventing money-laundering and the financing of terrorism, public safety, security aviation, and the protection and security of borders.
In this regard, earlier this month the Israel Export and International Cooperation Institute convened its first Israeli Homeland Security Conference on Security Technology Operations Policies. Among the highlights addressed in the Conference were airport security and innovative methods and technologies for the protection and safety of cities. Over 500 homeland security experts from around the world participated and contributed to its success.
In September 2010, the International Institute for Counter-Terrorism held its tenth annual international conference, in Herzliya, Israel. The conference addressed numerous aspects of counter-terrorism, including aviation terrorism and security, the processes of de-radicalization and the challenges of asymmetric warfare.
Both those conferences served as platforms for enhancing international and bilateral cooperation in that field by providing the essential opportunity for high-profile experts from a wide range of disciplines to establish professional relationships.
Furthermore, Israel’s counter-terrorism agencies cooperate with a large number of regional organizations, including NATO, the Organization for Security and Cooperation in Europe, the Inter- American Committee against Terrorism and the Conference on Interaction and Confidence-building Measures in Asia, including in the context of assisting third countries. Israel also closely cooperates with and contributes to the work of the Terrorism Prevention Branch of the United Nations Office on Drugs and Crime.
The Security Council Committee established pursuant to 1267 (1999) concerning Al-Qaida and Taliban and associated individuals and entities remains an important part of the effort to isolate terrorists and their means to inflict harm. Israel welcomes the considerable progress made towards promoting clear and fair procedures concerning the inclusion of individuals and entities on the consolidated list. In that regard, we welcome the appointment in June 2010 of Judge Kimberly Prost as Ombudsperson to address key aspects of due process and human rights concerns. We also welcome the recent completion of the review of the consolidated list, following the dedicated work of the Chair of the Committee and its members.
Finally, we believe that it is critical to continue to develop international standards against the proliferation of weapons of mass destruction and dual- use items. The international community must continue to seek and implement measures that keep the world’s most dangerous weapons out of the hands of its most dangerous individuals, especially in our region.
In that regard, I wish to reiterate Israel’s full support for resolution 1540 (2004). Israel believes that, in order to enhance the dialogue between Member States and the Security Council Committee established pursuant to resolution 1540 (2004), it would be very helpful to receive periodic briefings by the Expert Coordinator on the work of the Committee.
The struggle against terrorism requires our joint will, effort and action. We appreciate this opportunity for dialogue, and will continue to actively engage in
and support the important work of the Council’s counter-terrorism Committees.
I now give the floor to the representative of Afghanistan.
As this is the first time that I am taking the floor this month, permit me at the outset to congratulate you, Sir, on assuming the presidency of the Council for November. We thank you for holding today’s debate on the work of the subsidiary bodies of the Security Council dealing with terrorism.
Afghanistan remains the primary victim of international terrorism. Nearly a decade ago, Afghanistan and the international community joined hands to end the rule of the terrorists and extremists who used our country as a base for international terrorism. Today, notwithstanding important progress on the political, social and economic fronts, the terrorist campaign of the Taliban, Al-Qaida and other extremist groups continues to be the main challenge to Afghanistan’s security, reconstruction and development.
As we have echoed time and again in this very Council, terrorism in our part of the world is a growing threat to international peace and security. The enemy we face is part of a complex and sophisticated network, with safe havens and sanctuaries in our region from which terrorists still enjoy support. Afghanistan remains alarmed at the presence of those support centres and reiterates that, unless they are addressed, the terrorism that has been raging like wildfire will, regrettably, continue.
As we speak, our national army and police are engaged in fierce combat against enemy forces in joint military operations with international forces. We have taken the fight to the terrorists and prevented their ability to carry out large-scale conventional attacks. That is why they resort to desperate tactics, such as suicide bombings, assassinations and abductions.
Further, as we get ready to begin the transition process, we have given new focus to building the size and strength of our national army and police. A detailed plan for the transition strategy will be presented at the NATO summit in Lisbon later this week. We are confident that a stronger and more efficient security force will lead to further progress in
the fight against terrorism and to improvement in the security situation.
As long as terrorism remains a threat, the fight against it will continue. By the same token, it is widely recognized that military efforts alone are not the solution to Afghanistan’s security problem. The reconciliation and reintegration of former combatants with no links to terrorist organizations are critical to achieving lasting peace and security.
Afghanistan commends the Security Council for the able manner in which it is leading international efforts in combating terrorism. In that regard, we highlight the importance of the Security Council Committees established pursuant to resolutions 1267 (1999), 1373 (2001) and 1540 (2004).
The 1267 Committee remains one of the most important instruments of the Security Council in countering terrorism. Consistent with resolution 1904 (2009), the Committee has taken a number of important steps to increase the transparency and effectiveness of its work. In July, the Committee revised its working guidelines. Another important achievement is the publication of narrative summaries for listing. That new practice provides Member States with concise information, such as the date of and reason for listing. Moreover, in August the Committee concluded its review of all individuals on the consolidated list, which led to the de-listing of additional names.
We join other speakers in underscoring the importance of a periodic review of the list so as to ensure its accuracy. In that connection, Afghanistan welcomes the de-listing of 10 former Taliban members during the course of the year. Such measures will benefit Afghanistan’s peace and reconciliation initiative. That said, we urge the Committee to also give consideration to Afghanistan’s additional de- listing requests, and we look forward to the Monitoring Team’s visit to Kabul at the end of this month.
In regard to the 1373 Committee, we underscore its important work and welcome the continued efforts of the Committee and its Counter-Terrorism Executive Directorate for increased collaboration with Member States.
Terrorists have proved their readiness to terrorize people, societies and countries as a demonstration of their strength. They will spare no effort and go to all lengths, including resorting to nuclear, chemical and
biological terrorism. In that connection, we commend the ongoing efforts of the 1540 Committee to prevent non-State actors from participating in the proliferation of weapons of mass destruction.
Afghanistan is actively engaged in implementing the relevant Security Council resolutions on terrorism, on which we have presented national reports. Needless to say, Afghanistan is party to all 13 conventions on terrorism. Moreover, Afghanistan’s relevant national institutions, in particular the security and judicial sectors, are working diligently to further strengthen our counter-terrorism efforts.
In conclusion, I should like to state that the fight against terrorism is a key component of our partnership with the international community, and we look forward to strengthening that partnership in the coming years.
I now give the floor to the representative of the Islamic Republic of Iran.
I thank you, Mr. President, for convening this open debate, which is an excellent opportunity for delegations to hear from the Chairs of the key subsidiary bodies of the Security Council and to provide input into their activities. I also wish to commend the Chairs of the Counter-Terrorism Committee and the Committees established pursuant to resolutions 1267 (1999) and 1540 (2004) for their work and their briefings today. We hope that this debate will help to revitalize and strengthen international cooperation in combating the threat of terrorism under the auspices of the United Nations.
We have all acknowledged and emphasized the important contribution that the United Nations counter- terrorism mechanisms can and should make to our collective effort to fight terrorism. It is in that belief that my Government has been committed to cooperating with these mechanisms, including the Committee established pursuant to resolution 1373 (2001). We highly appreciate the work done by the Counter-Terrorism Committee (CTC) under the able chairmanship of His Excellency Ambassador Apakan.
The Islamic Republic of Iran, as a clear victim of terrorism, has taken great steps to implement the Security Council’s resolutions on terrorism, including resolution 1373 (2001). We have submitted six national reports on our implementation of the resolution, in which we have set out the concrete steps that our
country has taken to implement the provisions of that and other relevant resolutions. Those steps include stepping up border control security and surveillance measures at entry and exit checkpoints.
Moreover, we have intensified our fight against drug trafficking originating mainly from an eastern neighbouring country. Given the fact that very often proceeds from narcotic drugs are used as a source for the financing of terrorism, Iran’s efforts in that regard have undoubtedly made a fundamental contribution to the global fight against terrorism. Just as importantly, we are committed both to fighting terrorism through effective measures that prevent the planning, preparation and execution of acts of terrorism as well as by combating other forms of transnational crime, within our borders and beyond.
In that regard, I should like echo the conclusion of the Chairman of the CTC in his recent report, namely, that the Executive Directorate and the Committee, as important international counter- terrorism bodies and subsidiary organs of the Security Council, could play a great role by “work[ing] with their neighbours so that their common counter- terrorism defences are as effective as possible.” (S/2010/569, annex, para. 39)
The Islamic Republic of Iran has provided its national report to the Committee established pursuant to resolution 1540 (2004) on the measures it has taken to implement the resolution. As clearly stated in that report, based on its principled positions and contractual commitments and as a State party to all international instruments banning weapons of mass destruction — namely, the Treaty on the Non-Proliferation of Nuclear Weapons, the Chemical Weapons Convention, the Biological and Toxin Weapons Convention and the 1925 Geneva Protocol — the Islamic Republic of Iran is very keen on the implementation of those treaties. However, the continued existence and development of weapons of mass destruction, the possibility of their use or threat of use and the prospect of non-State actors acquiring such weapons make them all the more threatening to the whole international community.
Despite limited bilateral and unilateral arms reductions, such efforts fall far short of international expectations for real and effective steps towards the total elimination of nuclear weapons. Nuclear-weapon States are obligated to comply with their legally binding commitments to fully work towards the
elimination of their nuclear weapons. It is obvious that, as long as those weapons exist, their continued existence itself and the development and deployment of thousands of nuclear warheads will not only threaten international peace and security; there is also always the risk that they could fall into the hands of terrorists and non-State actors. Therefore, the compliance of all Member States with all their obligations under existing WMD disarmament and non-proliferation conventions, including the universality of those instruments, is vital to eliminating the risk that such weapons could fall into the hands of terrorists and non-State actors.
I would like to reiterate that we will continue to work closely with the counter-terrorism mechanisms established by resolutions 1267 (1999), 1373 (2001) and 1540 (2004). The scourge of terrorism requires the international community to act in concert and in a comprehensive manner, free of double standards and selective and discriminatory considerations and narrowly defined political objectives. The necessary political will and resolve need to be constantly in evidence for the international community to send a truly strong and unambiguous signal of our resolve to fight terrorism in all its forms and manifestations.
Before I conclude, I would like to respond to the reference made to my country by the representative of the Israeli regime. I would like to place on record that my delegation rejects the baseless allegations and distortions in his statement. This is yet another tired practice by that regime to distract the attention of the international community from its State terrorism and possession of a nuclear arsenal, as well as its criminal policies and abhorrent atrocities in the region.
I now give the floor to the representative of the Bolivarian Republic of Venezuela.
We would like to congratulate you, Mr. President, on your conduct of this debate.
The fight against terrorism is a responsibility of all countries and should be carried out within the framework of multilateralism and international cooperation based on respect for self-determination, sovereignty and non-interference in the internal affairs States, in accordance with the Charter of United Nations and international and regional conventions and protocols on the subject.
Some Governments draw up lists of countries that allegedly collaborate with this crime, while they shelter dangerous international terrorists on their soil. We should recall that resolutions 1373 (2001) and 1624 (2005) urged States not to give refuge to terrorists and not to resort to political motivations for refusing requests for extradition.
It has been 34 years since the bombing of Cubana Airlines flight 455 over the waters of Barbados, in which 73 innocent civilians were murdered, and Luis Posada Carriles, the person responsible for that terrorist attack, remains free in the United States. On July 2, the Salvadoran terrorist Francisco Chávez Abarca — who is accused of being responsible for several explosive attacks in Cuba — was caught at Venezuela’s Maiquetía International Airport. He confessed that he had gone to Venezuela to sabotage the parliamentary elections and that he had the support of Luis Posada Carriles. We therefore reiterate to the Government of the United States our request for the extradition of Luis Posada Carriles or, barring that, at least try him for the terrorist acts he has confessed.
Terrorists Raúl Díaz Peña, José Antonio Colina and Germán Rodolfo Varela, sentenced to prison in Venezuela for their involvement in placing bombs at the Spanish and Colombian consulates in 2003, have fled to the United States. Those crimes were committed a few months after the oil sabotage and coup against President Hugo Chávez Frias. Venezuela has requested the Government of the United States to extradite Colina and Varela. But that has been denied and they have been given refuge and protection on the grounds of supposed political asylum. They have also granted a visa to Raúl Díaz Peña, a fugitive from Venezuelan justice.
The Bolivarian Republic of Venezuela supported General Assembly resolution 64/297. We reiterate our commitment to the implementation of the United Nations Global Counter-Terrorism Strategy.
Venezuela is committed to the fight against terrorism in all its forms and manifestations, whatever its origin or motive, including State terrorism, which today is one of the most evil instruments of subjugation and neocolonial domination.
I now give the floor to the representative of the Philippines.
A copy of my remarks has been distributed, and I would like to deliver a shortened version of those remarks.
Terrorism continues to make its presence felt throughout the world. In its many forms and manifestations, it threatens the peace and stability of nations, endangers the lives of our peoples, impedes national, regional and global growth and development, and more insidiously, it breaks apart the precious bonds between peoples, fostering deep-seated anger, fear, suspicion and intolerance.
All nations share the responsibility of preventing, neutralizing and combating the threat of terrorism. The United Nations Global Counter-Terrorism Strategy is an important step forward in harnessing our collective experience and expertise as we strive to rid the world of the threat of terrorism.
We laud the recent workshop held in Bali, Indonesia, organized by the Counter-Terrorism Implementation Task Force, and we fully support its outcome. We would like to emphasize the point that, if counter-terrorism strategies are to be effective, they must be comprehensive and encompass a combination of hard and soft approaches, including the use of interfaith dialogue, as both instrument and objective, in countering terrorism.
In order to draw nations and peoples closer together in understanding and respect, the Philippines is working closely with Pakistan and other partners again this year on a draft resolution on interreligious and intercultural dialogue and cooperation for peace, which we hope will garner increased support.
As we strive towards further strengthening our capacities to combat terrorism through increased cooperation in intelligence information sharing, we wish to draw cautious attention to the issuance of travel advisories, especially those that relate to possible terrorist attacks. While the Philippines recognizes the responsibility of States to protect their citizens, we believe that Governments must exercise due care and diligence in issuing travel advisories. Advisories affect not only travelling citizens but also the lifeline and economy of a country that is the subject of a travel advisory. Governments must clearly distinguish between threats posed by ordinary criminal elements and those posed by terrorists, which are two very distinct categories. When a travel advisory does not distinguish between the two, it does a disservice to
the country issuing it and the country that is subject to it.
Our work is far from done. We must remain steadfast. Only with our sustained commitment and cooperation and a balanced approach can we break terrorism’s backbone and win this battle together.
The representative of Turkey has asked for the floor to make a further statement.
Turkey aligns itself with the statement made by the representative of the European Union.
I would like to take this opportunity to make some very brief additional remarks on the sanctions regime under the Committee established pursuant to resolution 1267 (1999). Turkey believes that the overall review process is important and should be undertaken in an effective manner. The Ombudsperson will contribute to the effectiveness of the process and to the rule of law, including by preventing possible unfair application of the listing process. Therefore, we fully support the Ombudsperson.
On the other hand, all counter-terrorism measures should respect the basic human rights of individuals. In this regard, the right to reply and object of those persons who have been added to the consolidated list should be protected.
The representative of the United States has asked for the floor to make a further statement.
Contrary to the statements the Council has heard, the United States has taken a number of actions with respect to Luis Posada Carriles. The actions of the United States are consistent with international law as well as with our domestic legal framework, which provides for due process and various constitutional safeguards.
I would like to give the Council a brief overview of the steps the United States has taken with respect to Posada within our legal framework. Posada entered the United States illegally in early 2005. Posada was detained by immigration authorities in the United States on 17 May 2005, and he was, in accordance with United States law, placed in removal proceedings. This order remains in effect.
Moreover, the United States sought and obtained a criminal indictment charging Posada with violations of our immigration laws. On 8 April 2009, new criminal charges were brought against Posada in that case, accusing him of lying to United States Government officials about his involvement in terrorist bombings that took place in Havana in 1997. Trial in that case is presently scheduled to commence in January 2011.
In sum, with respect to Posada, the United States continues to be engaged in an ongoing series of actions consistent with our legal requirements and due process.
In the case of the five Cubans accused of spying, the facts of the case negate the misrepresentations issued by the Cuban Government and others in relation to it. The Cuban five were tried in United States federal court and were accorded all guarantees of due process provided under the United States Constitution. They were convicted on numerous charges, including acting in the United States as agents of a foreign Power without making the required notification, conspiring to do so and conspiring to defraud the United States concerning its governmental functions and rights. In addition, three were convicted of conspiracy to commit espionage related to the covert penetration of United States military facilities, and one was convicted of conspiracy to commit murder.
The defendants have never denied that they were covert agents of the Cuban regime. The defendants have made full use of their extensive due process rights, benefiting from their vast procedural protections and the provision of United States Government-funded legal assistance. The five convicted Cuban spies are serving sentences in federal institutions throughout the United States. They are held among and have the same privileges as those available to the general prison population.
The representative of the Syrian Arab Republic has asked for the floor to make a further statement.
The representative of Lebanon has asked to make a further statement.
Lebanon regrets the fact that some speakers have tried to use today’s debate to distract us from our main work, which is to consider the work of the technical committees involved in the fight against terrorism. We therefore reject the conflation of the legitimate right of people to resist foreign occupation with terrorism. Worse still, the party that did so was the one that not only occupies other people’s territories, but also attacks its neighbours and defies this Council’s resolutions and the provisions of international law. We therefore see an absolute need to agree unanimously on a definition of terrorism, which my delegation has long called for.
The representative of Cuba has asked for the floor to make a further statement.
Given the reports that we have submitted to it, the Security Council is very familiar with the case of the well known, self-confessed terrorist Luis Posada Carriles, who is responsible for the mid-air explosion of a Cubana de Aviación plane with 73 people on board. He is also responsible for many acts of terrorism against my country in which citizens of other countries have also died. Despite the fact that it has all the evidence against Posada Carriles that we have provided, the Government of the United States, as its representative has just acknowledged, refuses to try Posada Carriles for terrorism and prosecutes him instead on minor charges.
Cuba reiterates that the handling of the case of Posada Carriles by the Government of the United States, if he is not extradited to Venezuela or tried as what he is, a well known terrorist, is a flagrant violation of resolution 1373 (2001).
The revealing statements made by the confessed terrorist Francisco Chávez Abarca, who was detained by the Venezuelan authorities as he was attempting to carry out an attack against stability in that country and other brotherly countries, confirm details of the new pathways being exploited by international terrorism and provide irrefutable proof of the guilt of Posada Carriles and his sponsor, the United States. The plans of this terrorist included sinking ships loaded with oil en route to Cuba.
The case of the five young anti-terrorist Cubans in the United States is also well known, despite the wall of silence that the Government of the United States has sought to set up around them. These five young Cubans infiltrated terrorist organizations in the United States and uncovered plans for terrorist acts against Cuba that would have claimed the lives of Cuban and United States citizens. The Cuban Government delivered all of that information to the United States Government. Instead of imprisoning the terrorists, the United States Government imprisoned the five young Cuban counter-terrorists. They were sentenced unjustly to long periods of incarceration in a rigged and politically manipulated trial, without evidence, in the city of Miami, surrounded by intense media propaganda. Even the prosecutor admitted that there was not enough evidence to support any of the charges made against them. Nonetheless, they find themselves unjustly imprisoned in this country. The Working Group on Arbitrary Detention of the defunct Commission on Human Rights spoke out on this case. Many organizations of international lawyers throughout the world have spoken out about this case. The case is well known despite the wall of silence that attempts have been made to erect around it.
Over the past 50 years, my country has been the victim of many terrorist acts organized within the territory of the United Stares. Those acts have claimed 3,478 lives in my country, and a further 2,099 people have been injured.
Double standards cannot prevail when it comes to terrorism. It will never be possible to eradicate terrorism if only some acts are condemned while others are covered up.
Cuba urges the United States Government once again to try Posada Carriles as what he is — a terrorist. Cuba urges once again — backed by the clamour of the international community and the growing clamour of
the people of the United States, despite the wall of silence that the authorities wish to establish around this case — for the five Cuban anti-terrorist fighters to be set free.
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 2 p.m.