Statement by Ambassador Masood Khan, Permanent Representative of Pakistan to the United Nations at the Open Meeting of the Security Council on Joint Briefing by the Chairmen of the Al-Qaida Sanctions Committee, CTC and the 1540 Committee. (New York, 14 November 2012)

Mr. President,

I thank the Chairmen of the Al Qaida Sanctions Committee, the Counter-Terrorism Committee and the 1540 Committee for their briefings today. We appreciate the coordination among the three Committees and their efforts in promoting greater transparency and dialogue with Member States concerning their respective areas.

We agree with the Al Qaida Committee Chairman that the threat of global terrorism to international peace and security is still potent and dangerous. It is such a global phenomenon that the current 306 entries of the Al Qaida Sanctions List contain addresses of individuals and entities from different continents. The diverse nature of the complex global and evolving threat of terrorism has taken new forms. Individuals and groups, for instance, have been radicalized by extremists using the Internet and websites in various parts of the world. In this context, it is important to ensure that the list of targeted individuals reflects the changing nature of the threat.

We appreciate the Committee’s efforts to undertake various reviews of list entries of reportedly deceased individuals and defunct entities. The problem of insufficient identifying information for effective implementation of the sanctions regime has yet to be satisfactorily resolved. We hope that regular reviews of such entries would be useful to add adequate information.

Mr. President,

The sanctions would be more effective if they are implemented with transparent, fair and clear procedures. The introduction of the institution of the Ombudsperson is a step in the right direction. Instead of casting doubts regarding the Ombudsperson, we need to strengthen this institution by expanding its powers relating to the listing process. The demonstration effect of the Ombudsperson’s positive contribution would lead the Council to introduce this institution in all other sanctions regimes for ensuring due process and transparency.

Visits to states by the Monitoring Team and expert groups should be used to promote international cooperation and provide technical assistance.

Post-visit briefings and reports have been useful in enhancing the Committees’ understanding of issues faced by Member States.

The most serious challenge to the sanctions regime, however, is the litigation related to the individuals on the sanctions list. Many listed individuals and entities have initiated cases against the listings in various courts of the world, including some in Pakistan. Decisions of many national and regional courts against the sanctions regime have been publicized. We have yet to see if courts are satisfied with the recent measures of the Committee including the introduction of the Ombudsperson. The questions of due process and effective remedy should, therefore, be at the heart of the Committee's work.

Mr. President,

Global cooperation against terrorism has been highly successful. Determined and collective action has disrupted and contained violent agenda of terrorists. The immediate and short term anti-terrorist response must, however, be accompanied by a clear, long-term strategy for success in ensuring an end to the scourge of terrorism. Such a strategy must include addressing the root causes of terrorism. Counter terrorism activities must conform to international law and respect sovereignty of States and fundamental human rights.

We support the Counter Terrorism Committees’ efforts to promote the implementation of the Security Council resolutions 1373 and 1624. We commend the Committee’s identification of thematic issues like the role of central authorities in enhancing international counter-terrorism cooperation.

We have noted the Global Survey of the implementation of the Security Council resolution 1624. The issue of prohibition of incitement to commit terrorist acts is very complex. We should continue to prohibit and prevent incitement to terrorist acts. At the same time, we must not lose sight of the imperative to ensure freedom of expression. That said, all efforts to counter incitement must be undertaken in the light of the agreed principle that terrorism and extremism cannot and should not be associated with any religion, race, ethnicity, faith, value system, culture or society.

Pakistan delegation appreciates the Counter-Terrorism Committee Executive Directorate (CTED)’s effort to facilitate technical assistance for countries that need it. The CTED’s seminars in various regions of the world on specific themes have been useful. Pakistan has been regularly participating in regional workshops organized by the CTED. Pakistan is planning to hold the sixth regional workshop on counter terrorism in Islamabad for police officers, prosecutors and judges in South Asia in the near future.

Mr. President,

Pakistan endorses the globally agreed objectives of disarmament and non-proliferation, including that of resolution 1540. The 1540 Committee is playing a complementary role to the established treaty regimes and international organizations in the area of WMD.

It is essential for all Sates to undertake effective national measures to prevent non-state actors from acquiring and using materials and weapons of mass destruction including the means to deliver them. All States Parties to multilateral treaties with similar objectives also need to fulfill their obligations.

Pakistan has filed four comprehensive implementation reports to the 1540 Committee since 2004, outlining details of comprehensive legislative, administrative and organizational measures taken to promote non-proliferation objectives.

The composition of experts in the Committees needs rationalization and reform. As the work of these Committees is now mainly focused on assistance and capacity building, it would be useful to broaden and diversify the pool of experts, particularly from developing countries. Such an effort would be helpful in promoting an even better level of understanding and ownership of these important issues by a large number of Member States.

In the end, I would once again underscore the evolving nature of the counter-terrorism challenges and the usefulness of these briefings. These briefings increase the level of confidence of all Member States in the three Committees. Acts of terrorism negate and violate the rule of law. The counter terrorism Committees’ work and proceedings must set the highest standards of adherence to the rule of law. The implementation of the three resolutions on which the Committees’ work can be made most effective by ensuring transparency, due process and fair procedures.

I thank you Mr. President.