EU Presidency Statement - Threats to International Peace and Security caused by Terrorist Acts

Summary: January 12, 2004: Statement to the Security Council by Ambassador Richard Ryan, Permanent Representative of Ireland to the United Nations, on behalf of the European Union. Report of the Chairman of the Security Council Committee established pursuant to resolution 1267 (1999) concerning sanctions against Al-Qaida and the Taliban. THREATS TO INTERNATIONAL PEACE AND SECURITY CAUSED BY TERRORIST ACTS (New York)

Mr. President,

I have the honour to speak on behalf of the European Union. The Acceding Countries, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, the Candidate Countries, Bulgaria, Romania and Turkey and the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Serbia and Montenegro and the EFTA country, Iceland, member of the European Economic Area, align themselves with this statement.

As this is my first intervention before the Security Council this year, I would like to congratulate you on your assumption of the Presidency as well as to extend my warm congratulations to the representatives of the new members of the Council, Algeria, Benin, Brazil, the Philippines and Romania.

The EU is grateful for the highly constructive report provided this morning by the Chairman of the 1267 Sanctions Committee.

The challenges facing the Committee remain formidable and many.

Ambassador Muñoz is therefore to be commended for his able stewardship of its activities, in particular the responsive and pro-active manner in which the complex and sensitive issues facing the Committee are addressed. Close dialogue with the wider UN membership remains essential. In this regard, we welcome the Committee's intention to maintain a pro-active approach in its work that will be marked by transparency and responsiveness. The European Union is keen to establish closer contacts with the Committee, as suggested on the occasion of the meeting Ambassador Muñoz and a delegation of the Committee itself had with the competent working group of the Council of the European Union, in Brussels, on 2nd December 2003.

The holding of periodic open briefings on the work of the Committee for all States is also a pragmatic and welcome proposal.

We agree as to the importance of regularly updating and review of the guidelines and the working procedures of the Committee. The EU is encouraged, therefore, to hear that the Committee will continue to strive to enhance these guidelines and procedures.

Mr. President,

Ambassador Muñoz has commented upon his recent, extensive outreach activities on behalf of the Committee and his successful visit to Europe, among other relevant destinations.

Our exchanges, during Ambassador Muñoz's visit to Europe, were detailed and fruitful. We considered carefully the definition and freezing of non-financial and other economic resources, the challenges arising from the implementation of the travel ban and others concerns relating to the Committee's consolidated list, including, very importantly, human rights and due process. The combat against terrorism should be conducted with respect for human rights and fundamental freedoms.

With regard to the latter subject, we would like to recall the Sweden and Germany sponsored workshop under the auspices of the European Union of 24 November last year, which brought together over sixty sanctions experts. Some concrete proposals were put forward, inter alia:

The relevant resolutions, i.e. the legal basis for the restrictions, should contain clear criteria and definitions for the listings as well as for their scope;
Individuals entered into the consolidated sanctions list should, to the extent possible, be informed about the listing as well as its reasons and consequences
A right for listed individuals to be heard should be further developed

We hope that the proposals discussed at the workshop will be reflected in the new resolution presently under consideration.

Mr. President,

In the four years since it was established the 1267 Committee has proved a tenacious force in the fight against the major threat to international peace and security posed by the terrorist acts of Al Qaeda and the Taliban. Its ability to adapt and to adjust in a timely fashion to changing circumstances deserves special mention. We welcome that a new resolution is under active consideration as it reflects the general need, not confined to this Committee alone, to keep sanctions regimes under review within specified time frameworks. As the situation on the ground evolves, for better or for worse, so too must the measures that the Council has imposed. The Council must be, and must be seen to be, responsive to these changes.

The recently published Second Report of the Monitoring Group established pursuant to Security Council resolution 1363 is an interesting and comprehensive document. Its findings and recommendations warrant careful consideration. In the meantime, we stress the need for greater transparency in the working methods of the Group and in the elaboration and publication of its reports. We recommend that the Monitoring Group thoroughly check and in advance with the Member States mentioned in its reports, relevant information and data.

The EU, however, fully shares the concerns expressed by the Monitoring Group about the low turn out of the implementation reports called for in Resolution 1455 (2003) and about the indications that the measures introduced in that Resolution as well as in earlier Resolutions, in particular Resolutions 1267 (1999) and 1390 (2002), have been insufficiently implemented. Having been adopted under Chapter 7 of the UN Charter, Resolution 1455 (2003) is mandatory and obligates all Member States to implement the measures set forth therein. The EU once again calls for the effective implementation of the Resolution and re-iterates its determination to cooperate fully with the Committee and the Monitoring Group in this respect.

The Group continues to play an indispensable role in monitoring the implementation of the sanctions regime and the EU wishes to express its appreciation to the Monitoring Group for this latest report.

The report speaks of several areas where scope for improvement remains vis-à-vis implementation of the measures contained in the relevant resolutions.

The EU takes particular note of the Group's conclusion: Without a tougher and more comprehensive resolution - a resolution which obligates States to take the mandated measures-the role played by the United Nations in this important battle risks becoming marginalized.

The European Union very much looks forward, therefore, to the early adoption of the new resolution.

In this connection, the Security Council may be assured that the EU and its Member States stand ready to implement all further measures introduced under the resolution.

Thank you, Mr. President.

Ref: PRES04-001EN
EU source: EU Presidency
UN forum: Security Council
Date: 12/1/2004

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