Expected Council Action
In November, the Council will hold a debate in which the chairs of the counter-terrorism-related committees—the 1267/1989 Al-Qaida Committee, the 1373 Counter-Terrorism Committee (CTC) and the 1540 Committee (concerning weapons of mass destruction)—are expected to brief. No outcome is anticipated.
Key Recent Developments
The Ombudsperson, Kimberly Prost, submitted her fourth report (S/2012/590) to the Council on 30 July 2012. She noted that state cooperation was generally strong, and efforts ongoing to overcome some of the most difficult problems, including the question of access to confidential/classified information. The Ombudsperson continued to request that her mandate be expanded to cover instances of continued application of sanctions measures against individuals already delisted and to directly transmit exemption requests from individuals and entities to the Committee for its consideration.
Of the 19 cases processed by the Ombudsperson, since the establishment of the position, and upon which a decision was taken by the 1267/1989 Committee, one was denied by the Council; one was amended and a name of an entity was removed as requested; and 16 were delisted. (The Al-Qaida sanctions list currently includes 236 individuals and 68 entities and other groups or undertakings associated with Al-Qaida.)
The Committee has also been busy going over travel reports by the Monitoring Group that assists the Committee and periodical reviews of the sanctions list.
The CTC is planning a special meeting with UN member states and international, regional and subregional organisations on 20 November in New York to discuss measures required to prevent and suppress terrorist financing. The special meeting will focus on raising awareness of the terrorist financing threat and drawing attention to the related best practices of states to hinder terrorism and their relevance to the implementation of resolution 1373. The chair of the CTC, Ambassador Hardeep Singh Puri (India), will chair the event.
The Counter-Terrorism Committee Executive Directorate (CTED), which assists the CTC, concluded a five-day comprehensive visit to Djibouti on 27 September. Issues raised during the visit included maritime and cargo security, law enforcement, border management and staff training. Another topic raised with senior government officials during the mission was the importance of respecting human rights while countering terrorism.
CTED organised workshops and seminars in different regions on various issues:
- a workshop held in Rabat from 17-19 July was devoted to developing effective and comprehensive strategies to counter incitement of terrorist acts motivated by extremism and intolerance;
- a seminar in Kuala Lumpur on joint investigations, held in June and co-sponsored by CTED and the Southeast Asia Regional Centre for Counter-Terrorism (under the Malaysian Ministry of Foreign Affairs), dealt with means of bringing terrorists to justice; and
- the third of a series of seminars on the role of the prosecution in terrorist cases was held in Algiers from 5-7 June, during which close to 40 prosecutors and judges from different regions came together with representatives of international, regional and sub-regional organisations to examine their role in bringing terrorists to justice.
The main issue dealt with by the Committee in the last few months was the appointment of the Group of Experts (GoE). Resolution 1977 called for the Secretary-General to establish a group of eight experts after consultation with the Committee. The resolution also asked the Committee to consider recommendations for the Committee and the GoE on expertise requirements, broad geographic representation, working methods, modalities and structure, including consideration of the feasibility of a coordination and leadership position for the GoE. The resolution called for these recommendations to be presented to the Council no later than 31 August 2011.
After the recommendations were put forward, the Committee members had nine names of qualified experts before them but were unable to agree on a list of eight experts to recommend to the Secretary-General. Different countries from different regions stressed different factors in choosing experts, and a solution was not in sight. Several meetings on this issue were convened, including at deputy permanent representative level, but to no avail.
To circumvent the impasse, the US suggested that the number of experts be expanded to nine, and thus, after the Committee reached a consensus on the issue, the Council adopted resolution 2055 on 29 June, expanding the number of experts to nine. After the resolution was passed and the Committee was in agreement, the nine experts were appointed, with the UK expert serving as coordinator. Several experts will begin their work in New York by the end of October, and all are expected to arrive by the beginning of 2013.
The next step for the 1540 Committee is the preparation of the annual review due by the end of the year, with the assistance of the newly formed GoE. As their appointment was considerably delayed, this process may spill over into early 2013.
Improving implementation by member states of all counter-terrorism Council resolutions is a key issue.
A new key issue is assessing the implications of the wider mandate of the Ombudsperson under resolution 1989 and whether the mandate should be further adjusted, in light of its upcoming renewal.
Regarding the 1540 Committee, a key issue is how the newly appointed GoE experts will interact with the Committee, via its coordinator.
Council and Wider Dynamics
Concerning the 1267/1989 Committee, Council members are starting to collect their thoughts regarding the renewal of the Ombudsperson’s and the Monitoring Group’s mandates, which expire in December. At present, it seems that Council members are in agreement that both mandates should be renewed, yet there may be disagreements over the specifics of each mandate. One issue that is likely to be negotiated are possible adjustments to the role and resources of the Office of the Ombudsperson.
Points that are likely to arise in all three briefings are the issues of compliance with, and implementation of, the regimes. In the past months Council members have shown a growing interest in capacity-building and assistance to states in order to enable them to better comply with sanctions and their obligations under the regimes.
|Security Council Resolutions|
|29 June 2012 S/RES/2055||Expanded the number of 1540 Committee’s Group of Experts members from eight to nine.|
|17 June 2011 S/RES/1989||This resolution empowered the Ombudsperson to make delisting recommendations to the 1267/1989 Committee.|
|20 April 2011 S/RES/1977||This resolution renewed the mandate of the 1540 committee for 10 years. The committee was requested to conduct a comprehensive review of the status of implementation of resolution 1540 and recommend any necessary adjustments to its mandate every five years. The committee was also asked to consider by 31 August the feasibility of a coordination and leadership post for the group of experts, as well as the expertise and broad geographical representation required for the group of experts. In addition, the Council decided that the committee should submit an annual programme of work to the Council before the end of each May, with the next due by 31 May 2011.|
|20 December 2010 S/RES/1963||This resolution extended the mandate of the Counter-Terrorism Committee’s Executive Directorate (CTED) until 31 December 2013, with an interim review to be conducted by 30 June 2012 and an updated global implementation survey of resolution 1373 to be completed by 30 June 2011. The resolution encouraged CTED to focus increased attention on resolution 1624 (2005) and to produce a report on that resolution’s implementation by 31 December 2011|
|14 September 2005 S/RES/1624||This resolution called on states to take further measures to combat terrorism.|
|28 April 2004 S/RES/1540||This resolution established the 1540 Committee and its mandate, affirmed that proliferation of nuclear weapons as well as the means of delivery constitutes a threat to international peace and security.|
|28 September 2001 S/RES/1373||This resolution placed barriers on the movement, organisation and fund-raising activities of terrorist groups and imposed legislative, policy and reporting requirements on member states to assist the global struggle against terrorism. It also established a Counter-Terrorism Committee to monitor state compliance with these provisions.|
|15 October 1999 S/RES/1267||This resolution established the Al-Qaida and Taliban Committee and its sanctions mandate.|
|Security Council Meeting Records|
|10 May 2012 S/PV.6767||This debate followed breifings by the chairs of the three counter-terrorism committees—the 1267/1989 Committee, the 1373 Committee and the 1540 Committee.|
|30 July 2012 S/2012/590||This was the Ombudsperson, Kimberly Prost’s, fourth report to the Council.|
|6 January 2012 S/2012/16||This was the CTED global implementation survey of resolution 1624.|
|20 December 2011 S/2011/790||This was the report on linkages between Al-Qaida and the Taliban.|
Committee Chairs: CTC, Ambassador Hardeep Singh Puri (India); 1540 Committee, Ambassador Baso Sangqu (South Africa); 1267/1989 Committee, Ambassador Peter Wittig (Germany)