United Nations Security Council Resolution 1267

UN Security Council Resolution 1267 (1999) established a sanctions regime to cover individuals and entities associated with Al-Qaida, Osama bin Ladenand/or the Taliban wherever located. [cite web|url=http://www.un.org/sc/committees/1267/index.shtml |title=Main webpage of The Security Council Committee established pursuant to resolution 1267 (1999)|accessdate=2007-04-03|publisher=UN] UN document |docid=S-RES-1267(1999) |type=Resolutionolution |body=Security Council |year=1999 |accessdate=2007-09-06] The regime has since been reaffirmed and modified by a dozen further UN Security Council Resolutions. [cite web|url=http://www.un.org/Docs/sc/committees/1267/1267ResEng.htm|title=Security Council resolutions related to the work of the committee established pursuant to Resolution 1267 (1999) concerning Al-Aqida and Talibal associated individuals and entities|accessdate=2007-01-07] It caused dire hardship to the people of Afghanistan under the Taliban regime at a time when they were heavily reliant on international food aid, while failing to satisfy any of its demands. [cite web|url=http://www.globalpolicy.org/security/sanction/indexafg.htm|title=Sanctions Against Al Qaeda and the Taliban|publisher=Global Policy Forum] Since the US Invasion of Afghanistan in 2001, the sanctions have been applied to individuals and organizations in all parts of the world.

The regime is composed of a [http://www.un.org/Docs/sc/committees/1267Template.htm "UN Security Council Committee"] , a [http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm "consolidated list"] of people and entities it has determined as being associated with Al-Qaeda or the Taliban, and laws which must be passed within each member nation in order to implement the sanctions. The Committee receives reports from each nation as to how the work is proceeding, and is able to vary the conditions imposed on any individual as it sees fit.

There was no right of appeal against listing until December, 2006.

The imposition of the sanctions

The first two Security Council Resolutions, 1267(1999) and 1333(2000), were adopted on 15 October 1999 and 19 December 2000 respectively. They were warmly welcomed by the ambassador for Afghanistan who was not a representative of the Taliban regime that had conquered 80% of his country. [ UN document |docid=S-PV-4051 |body=Security Council |type=Verbatim Report |meeting=4051 |date=15 October 1999 |time=12:15 |accessdate=2007-01-07 |anchor=pg002-bk08 |page=2 |speakername=Mr. Farhâdi |speakernation=Afghanistan ] [ UN document |docid=S-PV-4251 |body=Security Council |type=Verbatim Report |meeting=4251 |date=19 December 2000 |time=16:00 |accessdate=2007-01-08 |anchor=pg002-bk08 |page=2 |speakername=Mr. Farhâdi |speakernation=Afghanistan ] Only Malaysia expressed reservations about their effectiveness and concern about the humanitarian consequences [ UN document |docid=S-PV-4051 |body=Security Council |type=Verbatim Report |meeting=4051 |date=15 October 1999 |time=12:15 |accessdate=2007-01-07 |anchor=pg003-bk01 |page=3 |speakername=Mr. Hasmy |speakernation=Malaysia ] to the extent of abstaining on the second resultion. [ UN document |docid=S-PV-4251 |body=Security Council |type=Verbatim Report |meeting=4251 |date=19 December 2000 |time=16:00 |accessdate=2007-01-08 |anchor=pg004-bk02 |page=4 |speakername= Mr. Agam |speakernation=Malaysia ] Although voting for the second resolution, United Kingdom privately opposed it on account of the already dire humanitarian situation and the expectation that there would be a backlash against UN aid organizations providing relief in the country. [cite news|url=http://www.guardian.co.uk/international/story/0,,414566,00.html|title=Britain fought to block UN sanctions against Taliban|first=Ewen|last=MacAskill|date=22 December 2000]

The first resolution followed the sanctions regime imposed by the United States on 5 July 1999 by an executive order [ UN document |docid=S-PV-4051 |body=Security Council |type=Verbatim Report |meeting=4051 |date=15 October 1999 |time=12:15 |accessdate=2007-01-07 |anchor=pg002-bk10 |page=2 |speakername=Ms. Soderberg |speakernation=United States ] [cite news|url=http://news.bbc.co.uk/2/hi/americas/387730.stm|title=President Clinton sanctions on Afghan leadership|date=6 July 1999|publisher=BBC News] after intelligence officials had found bin Laden controlled money flowing through banks. [cite news|url=http://www.guardian.co.uk/bin/Story/0,,205431,00.html|publisher=The Observer|title=US fears Bin Laden plans new attacks|first=Julian|last=Borger|date=11 July 1999]

The resolutions imposed a series of demands on member states as well as on Afghanistan under Chapter VII of the United Nations Charter. The first included:

:* The Taliban must not allow territory under its control to be used for terrorist training.:* The Taliban must turn over Osama bin Laden to the appropriate authorities.:* All countries must deny flight permission to all Taliban operated aircraft.:* All countries must freeze all financial resources that could benefit the the Taliban.:* All countries must report back within 30 days on what measures they had taken.

There were angry demonstrations at the UN offices in Kabul the day after the sanctions were imposed. [cite news|url=http://www.guardian.co.uk/international/story/0,,252585,00.html|title=Angry Afghans storm UN offices over sanctions|first=Jason|last=Burke|publisher=The Guardian|15 November 1999] The international postal service was shut down. [cite news|url=http://www.guardian.co.uk/g2/story/0,,252552,00.html|title=A nation on its knees|first=Suzanne|last=Goldenberg|date=2 December 1999|publisher=The Guardian] A flight over Iran carrying supplies to Baghdad was blocked in October 2000, [cite news|url=http://news.bbc.co.uk/2/hi/south_asia/951955.stm|title=Taliban say Iran blocked Iraq flight|date=2 October 2000|publisher=BBC News] and another was allowed to Germany carrying sick children. [cite news|url=http://news.bbc.co.uk/2/hi/south_asia/880317.stm|title=UN go ahead for Afghan flight|date=14 August 2000|publisher=BBC News]

The December 2000 resolution strengthened the regime and imposed additional conditions:

:* The Taliban must eliminate all illicit cultivation of the opium poppy.:* All countries must prevent the sale of all military equipment to the Taliban controlled territories. :* All countries must prevent the sale of acetic anhydride (a chemical used in the production of Heroin) to Afghanistan. :* All countries must restrict the entry and transit of all high ranking Taliban officials through their territories. :* All offices of Ariana Afghan Airlines must be closed down.

The following month the BBC reported that the list produced by the UN of officials against whom the sanctions were to be applied was inaccurate and failed to contain any military commanders. [cite news|url=http://news.bbc.co.uk/2/hi/south_asia/1144649.stm|title=New UN sanctions against Taliban assets|date=30 January 2001|publisher=BBC News] Senior UN officials said that the sanctions were completely inappropriate due to the chaos they were causing to the relief missions at a time of a famine. [cite news|url=http://www.guardian.co.uk/elsewhere/journalist/story/0,,437019,00.html|title=Afghanistan's cruel winter|first=Luke|last=Harding|date=12 February 2001|publisher=The Guardian]

Shortly thereafter the Taliban showed signs of willingness to strike a deal concerning bin Laden [cite news|url=http://www.guardian.co.uk/international/story/0,,441174,00.html|title=Taliban ready to strike a deal on Bin Laden|first=Rory|last=McCarthy|date=22 February 2001|publisher=The Guardian] in spite of the political damage it would cause them. [cite news|url=http://www.guardian.co.uk/afghanistan/story/0,,552098,00.html|title=Giving up Bin Laden could destroy the Taliban|first=Kathy|last=Gannon|date=14 September 2001|publisher=The Guardian] They had also substantially reduced the cultivation of opium poppies. [cite news|url=http://observer.guardian.co.uk/focus/story/0,,508150,00.html|title=UN ignores the seeds of disaster|first=Peter|last=Beaumont|date=17 June 2001|publisher=The Guardian]

On 30 July 2001 UN Security Council Resolution 1363 established a "Monitoring Group" and a "Sanctions Enforcement Support Team" to monitor and assist implementation of the measures. [ UN document |docid=S-RES-1363(2001) |body=S |type=Resolution |number=1363 |year=2001 |accessdate=2007-01-08 ]

Post-Taliban resolutions

The US Invasion of Afghanistan began in October 2001 following a series of ultimatums to the Taliban to hand over Osama bin Laden whom the United States asserted was responsible for the September 11, 2001 attacks. The Taliban regime appeared to overrule a decision by an emergency meeting of Afghan clerics to ask bin Laden to leave voluntarily, and declared that it would be an insult to Islam to hand him over without any actual evidence of guilt. [cite news|url=http://www.guardian.co.uk/afghanistan/story/0,,556251,00.html|title=Taliban rule out giving up Bin Laden|first=Luke|last=Harding|coauthors=Rory McCarthy|date=22 September 2001|publisher=The Guardian|accessed=2007-07-24] Anti-Taliban forces retook the country, and a new government was set up under Hamid Karzai in December, 2001.

On 15 January 2002 the Security Council lifted sanctions from Ariana Afghan Airlines as it was no longer operated by the Taliban. [ UN document |docid=S-RES-1388(2002) |body=S |type=Resolution |number=1388 |year=2002 |accessdate=2007-01-08 ] The following day they cancelled all further flight restrictions, but reiterated the financial and military sanctions against Taliban associated individuals and gave all countries 90 days to report on the measures they were taking. [ UN document |docid=S-RES-1390(2002) |body=S |type=Resolution |number=1390 |year=2002 |accessdate=2007-01-08 ]

On 20 December 2002 the Security Council changed the enforcement regime so that individual countries could administer their own exemptions to the financial sanctions. Until then, all financial transactions involving someone who had been designated by the committee as an associate of the Taliban had to be authorized on a case-by-case basis on the grounds of humanitarian need. This resolution allowed countries to free up funds for such individuals for the purposes of paying for food, rent, medicine, tax, legal fees, and so forth. [ UN document |docid=S-RES-1452(2002) |body=S |type=Resolution |number=1452 |year=2002 |accessdate=2007-01-08 ] In the United Kingdom the sanctions regime is severe enough that it has been found to apply to the wife of a listed individual who was prevented from withdrawing enough money to take her children to the swimming pool.cite news|url=http://www.timesonline.co.uk/article/0,,200-2370534,00.html|title=Terror suspects' wives lose benefits legal bid|first=Eveline|last=Jenkin|date=22 September 2006|publisher=The Times|accessdate=2006-10-12]

The following month the Security Council reinstated the Monitoring Group and reminded all countries that they should be implementing the sanctions and writing reports. [ UN document |docid=S-RES-1455(2003) |body=Security Council |type=Resolution |number=1455 |year=2003 |accessdate=2007-01-08 |date=17 January 2003 ]

On 20 January 2003 the Security Council convened a high level meeting of ministers to discuss the subject of combatting terrorism. [ UN document |docid=S-PV-4688 |body=Security Council |type=Verbatim Report |meeting=4688 |date=20 January 2003 |time=10:15 |accessdate=2007-01-08 |anchor=pg002-bk06 |page=2 |speakername=The Secretary-General ] The resolution itself was simply the adoption of a declaration made by the ministers, urging intensified efforts from the Counter-Terrorism Committee. [ UN document |docid=S-RES-1456(2003) |body=Security Council |type=Resolution |number=1456 |year=2003 |accessdate=2007-01-08 ]

On 30 January 2004 the Security Council passed resolution 1526(2004) [ UN document |docid=S-RES-1526(2004) |body=Security Council |type=Resolution |number=1526 |year=2004 |accessdate=2007-01-08 ] to strengthen the regime and demanded that::* All countries must immediately freeze all economic resources that could directly or indirectly benefit anyone on the list:* All countries must prevent entry and transit through their territories of people on the :* All countries who had not yet done so had to submit their reports by 31 March

On 29 July 2005 the Security Council passed resolution 1617(2005) [ UN document |docid=S-RES-1617(2005) |body=Security Council |type=Resolution |number=1617 |year=2005 |accessdate=2007-01-08 ] to formalize the procedure for putting individuals onto the Consolidated List.

On 8 August 2006 the Security Council passed resolution 1699(2006) [ UN document |docid=S-RES-1699(2006) |body=Security Council |type=Resolution |number=1699 |year=2006 |accessdate=2007-01-08 ] welcoming the role of Interpol in applying the sanctions and requesting the Secretary-General to increase cooperation.

The listing and de-listing procedures

Aware of the problem of a lack of minimum standards of evidence or transparency in listing process, and given the relatively high number of individuals on the list, the United Nations Office of Legal Affairs commissioned a study on the question: "Is the UN Security Council... obliged to ensure that rights of due process, or 'fair and clear procedures', are made available to individuals and entities directly targeted with sanctions under Chapter VII of the UN Charter?"cite web|url=http://www.un.org/law/counsel/Fassbender_study.pdf|title=Targeted Sanctions and Due Process|author=Bardo Fassbender|publisher=United Nations|date=20 March 2006|accessdate=2007-03-31]

The report, published in March 2006, was purely theoretical and made no reference to any of the cases. While acknowledging the fact that the UN was a supra-national body to which none of the human rights treaties were targeted, it did find that there were "legitimate expectations that the UN itself, when its action has a direct impact on the rights and freedoms of an individual, observes standards of due process... on which the person concerned can rely." The fact that "Member States have no authority to review the names of individuals and entities specified by the responsible committee of the Security Council, with the aim of ascertaining [their need to be sanctioned] ", meant that people who are targeted need to express their rights before the council. These were that they be informed of the measures taken against them as soon as possible, and that they be able to bring their case before an impartial judge.

On 19 December 2006 the Security Council adopted resolution 1730(2006) [ UN document |docid=S-RES-1730(2006) |body=Security Council |type=Resolution |number=1730 |year=2006 |accessdate=2007-01-08 ] to establish a de-listing procedure whereby those who found themselves on the list could petition the committee for it to consider their case. During the meeting, the French ambassador said that the inadequacy of the procedures had affected the efficacy of sanctions, [ UN document |docid=S-PV-5599 |body=Security Council |type=Verbatim Report |meeting=5599 |date=19 December 2006 |time=16:25 |accessdate=2007-01-08 |anchor=pg002-bk08 |page=2 |speakername=Mrs. Collet |speakernation=France ] and the ambassador for Qatar said that it didn't go far enough in respect of legal norms and standards. [ UN document |docid=S-PV-5599 |body=Security Council |type=Verbatim Report |meeting=5599 |date=19 December 2006 |time=16:25 |accessdate=2007-01-08 |anchor=pg003-bk03 |page=3 |speakername=The President ]

The listing procedure also remained opaque until 22 December 2006 when the Security Council adopted resolution 1735(2006) [ UN document |docid=S-RES-1735(2006) |body=Security Council |type=Resolution |number=1735 |year=2006 |accessdate=2007-01-08 ] which contained a series of forms that countries should fill out in order to put names of people and entities who have connection to the Taliban onto the list.

Throughout its period of operation, the Security Council Committee has issued [http://www.un.org/Docs/sc/committees/1267/1267PressEng.htm press releases] whenever it makes a change to the list. Sometimes these are of people who are being held in prison in places such as Germany. [cite press release|url=http://www.un.org/News/Press/docs/2005/sc8573.doc.htm|title=Security Council committee adds eleven individuals to A-Qaida section of consolidated list|date=6 December 2005|publisher=UN]

When the sanctions measures (based on the Consolidated List) was reaffirmed by resolution 1822(2008),UN document |docid=S-RES-1822(2008) |type=Resolution |body=Security Council |year=2008 |resolution_number=1822 |accessdate=2008-07-02|date=30 June 2008] the ambassador from Costa Rica expressed concern that the listing and delisting procedure still did not comply with international standards of due process. [ UN document |docid=S-PV-5928 |body=Security Council |type=Verbotim Report |meeting=5928 |page=2 |anchor=pg002-bk08-pa09 |date=30 June 2008 |speakername=Mr. Weisleder | speakernation=Costa Rica |accessdate=2008-07-02 ]

In the summary report submitted to the Council, recommendations were made to improve the user-friendliness of the sanctions website, "for example, by introducing RSS feeds, a map of the website and an internal search function." Also a request for a hit counter -- "to explore the technical modalities involved in introducing a tool to track the use of [the] website and ensure that it is fulfilling its intended purpose."UN document |docid=S-2008-408 |type=Document |body=Security Council |year=2008 |document_number=408 |highlight=rect_137,233_828,654 |page=7 |accessdate=2008-07-02|date=20 June 2008|title=Recommendations contained in the eighth report of the Analytical Support and Sanctions Monitoring Team: position of the Committee]

elected summary list of individuals who have been subject to the sanctions regime

:"See articles for references"

* Ahmed Yusuf - A Somali-born Swedish citizen put on the list because of his affiliation with the wire transfer network al-Barakat. Removed from the list in 24 August 2006 when all accusations were dropped.
* Mohamed Moumou - Swedish citizen of Moroccan descent added to the list on 7 December 2006, added at the request of the United States.
* Sa'ad Al-Faqih - Saudi dissident, possibly living in London, added to the list December 2004
* al-Haramain Foundation - A charity front based in Saudi Arabia for al-Qaeda, many of whom associates are in Guantánamo Bay detainment camps. Listed September 2004.
* Abdul Majeed al-Zindani - Yemeni academic scholar, added to list in February 2004.
* Khalid al-Fawwaz - Saudi national held captive in London.
* Ali Sayyid Muhamed Mustafa al-Bakri - Former member of Egyptian Islamic Jihad, possibly remains in Afghanistan
* Hani al-Sibai - Egyptian living in London, added September 2005 at the request of the Egyptian government.

National offices responsible for implementing the sanctions regime

In the United Kingdom the regime was implemented through the Financial Sanctions Unit of the Bank of England using the powers granted by the United Nations Act 1946. [UK SI|url=http://www.opsi.gov.uk/si/si2002/20020111.htm|title=The Al-Qa'ida and Taliban (United Nations Measures) Order 2002|year=2002|number=111] A number of individuals and their families have been swept up by the measures.

In the United States, the responsible agency is the Office of Foreign Assets Control.

References