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, 27 November 2013)

Mr. President,

We thank Ambassadors Gary Quinlan, Mohammad Loulichki, and Kim Jun, Chairmen of the Al Qaida Sanctions Committee, Counter-Terrorism Committee and the 1540 Committee, respectively, for their comprehensive briefings today.

We appreciate the coordination between the three committees and the efforts being made by them to promote dialogue and transparency with Member States.

Mr. President,

Pakistan’s comprehensive approach to counter- terrorism is based on Three D’s: deterrence, development and dialogue.

Deterrence is necessary to impede, impair, isolate and incapacitate terrorists and their outfits.

Development helps meet basic human needs, build community resilience, and prevent terrorism.

Dialogue is equally important and it must be allowed to continue according to national priorities. Those who are willing to renounce violence should be brought back to societal and national mainstreams.

Mr. President,

Terrorists adapt to new conditions. Their tactics continue to take more sinister forms. Terrorists use new technologies and the Internet to store, transmit and manipulate information for recruitment and incitement. They use information technology for planning and financing their activities.

Counter-terrorism efforts also need to adapt to these challenges and develop strategies for real-time response.

We should address the root causes of terrorism. Deprivation, unresolved conflicts, marginalization, exclusion, and stereotyping often create conditions for a drift to terrorism. Terrorism and extremism should not be associated with any religion, race, ethnicity, faith, value system, culture or society.

That said, the universal norm of zero tolerance for terrorism in all its forms and manifestations should be strengthened.

Mr. President,

We agree with the Al Qaida Committee Chairman that Al Qaida has evolved in various regions with diverse franchises. The second special meeting of the 1989 Committee with its focus on the complementarity between the United Nations Integration Strategy for the Sahel and the Al Qaida sanctions regime create new synergies for holistic solutions.

Al Qaida has changed in many ways. The phenomenon of individuals radicalized by extremist websites is 'rampant. Terrorists now use electronic safe havens to host websites for inspiration and training.

Al Qaida sanctions' regime should continue to be made more effective, targeted and evidence-based by using clear, fair and transparent procedures.

We support the efforts being made to strengthen the role of the 'Ombudsperson by expanding her mandate to the listing issues and by extending it to other sanctions regimes. A large number of recommendations made by the Ombudsperson have led to the delisting of individuals and entities. This necessitates that the Committee improves and refines the quality of the listing process.

The biggest challenge to the sanctions regime comes from court cases. Questions of due process and effective remedy are at the heart of courts’ deliberations.

A number of listings have been challenged in Pakistani Courts.

The July 18 judgment of the European Union's Court of Justice in the ‘Commission and Others vs. Kadi’ case establishes a new precedent in the implementation of the UN sanctions' regimes for a judicial review of listing procedures for a fair balance between the maintenance of international peace and security and the protection of fundamental rights and freedoms of the person concerned.

It also prescribes concrete and detailed, not abstract and superficial, “verification of the allegations” .

While acknowledging the improvements in the listing and delisting procedures, the judgement underlines that the guarantee of effective judicial protection has not been fully provided to the listed individual.

This judgment may well set new standards for the judicial review of the Security Council decisions in other areas whenever a balance needs to be struck between protection of human rights and maintenance of international peace and security .

Mr. President,

We support the Counter Terrorism Committee’s efforts for building capacities of States to implement Security Council resolutions 1373 and 1624.

We welcome the appointment of Mr. Jean Paul Laborde as Executive Director of the Counter- Terrorism Executive Directorate (CTED). We are confident that his experience and outstanding leadership would be helpful in the effective implementation of the CTED's mandate.

The CTED’s work for devising new assessment tools like the Overview of Implementation Assessment (OIS) and the Detailed Implementation Survey (DIS) will help establish a meaningful dialogue for on technical assistance to Member States.

We also appreciate the CTED's focus on assets-freeze, prosecution of terrorism cases, strengthening the capacity of central authorities, and protection of witnesses of terrorist incidents.

The CTED’s seminars and workshops on specific themes in various regions have been useful. Pakistan hosted the “Seventh Regional Workshop for Judges, Prosecutors, and Police Officers in South Asia on Effectively Countering Terrorism” in Islamabad last month. The workshop was aimed at strengthening cooperation among professionals working in the field of counter-terrorism.

Mr. President,

The war against terrorism must be posecuted within the framework of international law.

The use of armed drones in the border areas of Pakistan is a continued violation of our sovereignty, international law, and international human rights and humanitarian law. In this context, the UN Secretary General has called for adherence to the recognized principles of distinction and proportionality.

The use of drones results in casualties of innocent men, women and children leading to disaffection, alienation, and psycho-social trauma among the population centers hit by drones. It is also detrimental to our efforts to conduct dialogue and eliminate extremism and terrorism.

The Prime Minister of Pakistan, Mr. Nawaz Sharif, has called for the immediate cessation of drone strikes against Pakistan's territory.

Mr. President,

Pakistan fully supports the shared goal of preventing proliferation of weapons of mass destruction to non-state actors. The 1540 Committee and its Group of Experts play a complementary role to the treaty-based regimes and international organizations on non-proliferation issues.

Full implementation by States Parties of their respective obligations arising from relevant WMD treaties// including implementation of Resolution 1540 by all States is essential and urgent.

Pakistan will continue to be an active partner of the international community in this effort.

Pakistan supports the measures undertaken by the 1540 Committee and its experts in such areas as awareness raising, outreach, implementation, assistance and capacity building.

The long-term impact and success of the 1540 Committee, in our view, depends on the role that the Committee can play in mobilizing assistance for Member States. As the Committee promotes universal reporting and implementation, assistance and capacity building will serve as anchors for such activities.

Pakistan supports efforts to promote cooperation and coordination between the subsidiary bodies of the Council and their respective Expert Groups. This objective is best advanced when joint activities are conducted with close consultation with all Council members and are consistent with the mandate and nature of the work of each subsidiary body and experts group.

I thank you Mr. President.