Statement by Ambassador Raza Bashir Tarar, Deputy 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, 10 May 2012)

Mr. President,

I would like to 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 of activities.

We share the view of the Al Qaida Committee Chairman that the threat of terrorism is evolving, that the implementation mechanism of sanctions measures needs to be tailored to the threat and that fair and clear procedures have been introduced by the Ombudsperson at least in the delisting processes, if not in all processes of the Committee. We are of the view that the evolving threat of terrorism has taken new forms like individuals radicalized by internet and extremist websites in various parts of the world. In this context, it is important to ensure that the list of targeted individuals sufficiently reflects the changing nature of the threat posed by Al Qaeda. We agree that the list needs to be accurate, updated and user friendly for the successful implementation of the sanctions.

We have noted the efforts of the 1267 Sanctions Committee to bring clarity to its working methods and to improve its guidelines. We hope that the Committee would continue to bring greater transparency in its work. Pakistan appreciates that the role of the Ombudsperson has been enhanced in the Security Council resolution 1989. Since November 2011, four individuals and 23 entities have already been de-listed on the recommendation of the Ombudsperson. We hope that a similar role will also be devised for the Ombudsperson in the listing processes. We also expect that the demonstration effect of the Ombudsperson’s positive contribution would lead us to introduce this institution in all other sanctions regimes for ensuring due process and transparency in their work.

We feel that visits to states by the Monitoring Team and expert groups should be used to foster cooperation through facilitation of provision of technical assistance and promoting constructive dialogue. We hope post visit briefings and reports would continue to be made on a regular basis. These have been useful in enhancing the Committee’s understanding of issues and promoting transparency.

The biggest challenge to the sanctions regime, however, comes from the increasing number of court cases. A number of listings have been challenged in Pakistani Courts.

The decisions of domestic and international courts and tribunals on the Al Qaida sanctions regime have not only gained publicity but brought to the fore, the legal challenges faced by the sanctions regime. It remains to be seen whether new changes would satisfy the courts around the world because the legal community is more inclined to see verifiable evidence which could be acceptable in a court of law. The questions of due process and effective remedy should therefore be at the heart of the Committee's work.

Mr. President,

Terrorism has become the bane of all countries alike. Resolutions 1267 and 1989 have no doubt created equal obligations for all of us. Terrorism is not a localized or region-specific problem. The modern manifestations and mutations of terrorism, which range from radicalization of individuals to financing of well-known groups from various parts of the world, endanger peace and security of the entire world. The measures to combat this problem should, therefore, be based on equality of obligations and international cooperation and coordination.

The global cooperation against terrorism has been highly successful. Determined and collective action has contained and disrupted the violent agendas of the 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 this murderous tactic. Such a strategy must include the following elements:

    • Addressing the root causes of terrorism including, inter alia, de-legitimizing the terrorist’s cause. We must do more to address issues such as the denial of the right to self determination, military intervention, and the use of force.
    • Addressing the broader and structural issues including political and economic injustices.
    • Ensuring that counter terrorism activities are in full conformity with international law, respect sovereignty of states and fundamental human rights.

Mr. President,

We support the Counter Terrorism Committee’s efforts to promote and facilitate the Security Council resolutions 1373 and 1624.

We support the review of the format of the preliminary implementation assessments (PIAs) to improve the utility of this analytical tool. However, we are of the view that questions regarding the implementation assessment of the resolution 1373 must be based on the resolution itself. Pakistan delegation is constructively engaged with the review process which should lead to an outcome that would strengthen the implementation of the resolution.

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. On the one hand, is the imperative of preventing incitement to terrorist acts while on the other hand is the challenge of ensuring freedom of expression, hence the need to maintain the delicate balance. Besides, all efforts to counter incitement must be undertaken in the light of 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 supports activities of the CTED, particularly in the area of capacity building. The CTED’s regional workshops in Asia and Africa on specific topics would go a long way in enhancing capacities of states for effective counter terrorism. Pakistan has been regularly participating in regional workshops organized by the CTED. Pakistan participated in the fifth regional workshop in New Delhi in March 2012. Pakistan is planning to hold the sixth regional workshop for police officers, prosecutors and judges in South Asia on counter terrorism, in Islamabad later this year.

Mr. President,

Pakistan shares the global concerns on the possibility of non-sate actors acquiring weapons and materials of mass destruction as well as their means of delivery. At the national level, we have undertaken several legislative, organizational and administrative measures to address these potential challenges. We have filed four comprehensive reports on the implementation of UNSCR 1540.

The 1540 Committee as well as the experts assisting it plays an important and complementary role to the established treaty regimes and international organizations in the area of WMDs. We will continue to support all international efforts that seek to promote fair and equitable solutions to non-proliferation and disarmament challenges.

Coordination and cooperation among experts of the three Committees is a useful mechanism to assist Member States in the implementation of Security Council resolutions. In undertaking these efforts, the Committees and their respective experts work towards a shared objective i.e. preventing terrorist activities and addressing illicit trafficking in weapons or materials of mass destruction and means to deliver them.

There are areas of synergy in their work such as supporting States in building their capacity, law enforcement and border controls. Yet the Committees have distinct mandates and focus. This differentiated nature of mandate and focus needs to be adhered to. Duplication and overlap both in terms of activities and mandate is best averted.

The composition of experts in the Committees needs rationalization and reform. With the shift in the core area of work of these Committees i.e. from establishing frameworks to implementation, particularly through assistance, and capacity building, it would be prudent to diversify the pool of experts from diverse geographic areas. Such an effort would also help advance an even better level of understanding and ownership of these important issues to a large number of Member States.

We value the information exchange among the experts, their efforts to save costs by representing alternatively at outreach events and joint meetings within their respective mandates. We look forward to receiving their joint feedback and assessment on areas of overlap and synergies in their work, mandate and activities.

I thank you Mr. President.