Resolution 1267 (1999), Adopted Unanimously, Sets Out Measures To be Imposed if Demand Not Met by 14 November
Acting under Chapter VII of the United Nations Charter, the Security Council this afternoon demanded that the Afghan faction, known as the Taliban, turn over Usama bin Laden to appropriate authorities in a country where he would be brought to justice. In that context, it decided that on 14 November all States shall freeze funds and prohibit the take-off and landing of Taliban-owned aircraft unless or until the Taliban complies with that demand.
Mr. bin Laden and his associates were indicted by the United States for, among other things, his role in the 7 August 1998 bombings of United States embassies in Kenya and the United Republic of Tanzania, and for conspiring to kill United States nationals. The Council's action noted this, as well as the United States’ request to the Taliban to surrender Mr. Bin Laden and his associates for trial.
By unanimously adopting resolution 1267 (1999) -- submitted by Canada, Netherlands, Russian Federation, Slovenia, United Kingdom and the United States -- the Council decided that, should the condition not be met within the stated time frame, all States shall deny permission for any aircraft to take off from or land in their territory if it was owned, leased or operated by or on behalf of the Taliban. Further, all States shall freeze funds and other financial resources, including those derived or generated from property or undertakings directly or indirectly owned or controlled by the Taliban, and ensure that neither those funds or financial resources, nor any others, are made available by their nationals or any persons within their territory to or for the benefit of the Taliban.
The Council further decided that exceptions could be made to these stipulations should a Committee, established by this same resolution, grant exceptions for humanitarian reasons, including religious obligations. The Committee, consisting of all Council members, will report to the Council with observations and recommendations on matters, including requests for exemptions to these measures and granting an exemption in respect of the payment by the International Air Transport Association (IATA) to Afghanistan's aeronautical authority, on behalf of international airlines for air traffic-control services.
The Committee will also report on the impact of the measures to be imposed through the resolution, including the humanitarian implications. It will consider alleged violations of the resolution's measures, ask States to provide information on implementing them, report to the Council thereon and recommend responses.
Security Council - 1a - Press Release SC/6739 4051st Meeting (PM) 15 October 1999
Also through resolution 1267 (1999), the Council insisted that the Taliban, which also calls itself the Islamic Emirate of Afghanistan, comply promptly with previous Council resolutions. In particular, it must cease providing sanctuary and training for international terrorists and their organizations, take effective measures to ensure that the territory under its control was not used for terrorist installations and camps or for the preparation or organization of terrorist acts against other States or their citizens, and cooperate with efforts to bring indicted terrorists to justice.
The Council called upon States to act strictly in accordance with the provisions of the resolution, notwithstanding any rights or obligations derived from an international agreement, contract, license or permit entered into or granted prior to the date of the current text. It also called on them to cooperate fully with its Committee, and to bring proceedings against and impose penalties against any person or entity that violated the resolution.
Statements were made by the representatives of Afghanistan, United States, Malaysia, Bahrain, China and Canada.
The meeting, which was called to order at 12:14 p.m., was adjourned at 12:40 p.m.
Council Work Programme
The Security Council met this afternoon to consider the situation in Afghanistan.
Draft Resolution
The Council had before it a draft resolution (document S/1999/1054) sponsored by Canada, Netherlands, Russian Federation, Slovenia, United Kingdom and the United States, which reads as follows:
“The Security Council,
“Reaffirming its previous resolutions, in particular resolutions 1189 (1998) of 13 August 1998, 1193 (1998) of 28 August 1998 and 1214 (1998) of 8 December 1998, and the statements of its President on the situation in Afghanistan,
“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, and its respect for Afghanistan's cultural and historical heritage,
“Reiterating its deep concern over the continuing violations of international humanitarian law and of human rights, particularly discrimination against women and girls, and over the significant rise in the illicit production of opium, and stressing that the capture by the Taliban of the Consulate-General of the Islamic Republic of Iran and the murder of Iranian diplomats and a journalist in Mazar-e- Sharif constituted flagrant violations of established international law,
“Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists,
“Strongly condemning the continuing use of Afghan territory, especially areas controlled by the Taliban, for the sheltering and training of terrorists and planning of terrorist acts, and reaffirming its conviction that the suppression of international terrorism is essential for the maintenance of international peace and security,
“Deploring the fact that the Taliban continues to provide safe haven to Usama bin Laden and to allow him and others associated with him to operate a network of terrorist training camps from Taliban-controlled territory and to use Afghanistan as a base from which to sponsor international terrorist operations,
“Noting the indictment of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania and for conspiring to kill American nationals outside the United States, and noting also the request of the United States of America to the Taliban to surrender them for trial (S/1999/1021),
“Determining that the failure of the Taliban authorities to respond to the demands in paragraph 13 of resolution 1214 (1998) constitutes a threat to international peace and security,
“Stressing its determination to ensure respect for its resolutions, “Acting under Chapter VII of the Charter of the United Nations,
“1. Insists that the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan, comply promptly with its previous resolutions and in particular cease the provision of sanctuary and training for international terrorists and their organizations, take appropriate effective measures to ensure that the territory under its control is not used for terrorist installations and camps, or for the preparation or organization of terrorist acts against other States or their citizens, and cooperate with efforts to bring indicted terrorists to justice;
“2. Demands that the Taliban turn over Usama bin Laden without further delay to appropriate authorities in a country where he has been indicted, or to appropriate authorities in a country where he will be returned to such a country, or to appropriate authorities in a country where he will be arrested and effectively brought to justice;
“3. Decides that on 14 November 1999 all States shall impose the measures set out in paragraph 4 below, unless the Council has previously decided, on the basis of a report of the Secretary-General, that the Taliban has fully complied with the obligation set out in paragraph 2 above;
“4. Decides further that, in order to enforce paragraph 2 above, all States shall:
“(a) Deny permission for any aircraft to take off from or land in their territory if it is owned, leased or operated by or on behalf of the Taliban as designated by the Committee established by paragraph 6 below, unless the particular flight has been approved in advance by the Committee on the grounds of humanitarian need, including religious obligation such as the performance of the Hajj;
“(b) Freeze funds and other financial resources, including funds derived or generated from property owned or controlled directly or indirectly by the Taliban, or by any undertaking owned or controlled by the Taliban, as designated by the Committee established by paragraph 6 below, and ensure that neither they nor any other funds or financial resources so designated are made available, by their nationals or by any persons within their territory, to or for the benefit of the Taliban or any undertaking owned or controlled, directly or indirectly, by the Taliban, except as may be authorized by the Committee on a case-by-case basis on the grounds of humanitarian need;
“5. Urges all States to cooperate with efforts to fulfil the demand in paragraph 2 above, and to consider further measures against Usama bin Laden and his associates;
“6. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council to undertake the following tasks and to report on its work to the Council with its observations and recommendations:
“(a) To seek from all States further information regarding the action taken by them with a view to effectively implementing the measures imposed by paragraph 4 above;
“(b) To consider information brought to its attention by States concerning violations of the measures imposed by paragraph 4 above and to recommend appropriate measures in response thereto;
“(c) To make periodic reports to the Council on the impact, including the humanitarian implications, of the measures imposed by paragraph 4 above;
“(d) To make periodic reports to the Council on information submitted to it regarding alleged violations of the measures imposed by paragraph 4 above, identifying where possible persons or entities reported to be engaged in such violations;
“(e) To designate the aircraft and funds or other financial resources referred to in paragraph 4 above in order to facilitate the implementation of the measures imposed by that paragraph;
“(f) To consider requests for exemptions from the measures imposed by paragraph 4 above as provided in that paragraph, and to decide on the granting of an exemption to these measures in respect of the payment by the International Air Transport Association (IATA) to the aeronautical authority of Afghanistan on behalf of international airlines for air traffic control services;
“(g) To examine the reports submitted pursuant to paragraph 9 below;
“7. Calls upon all States to act strictly in accordance with the provisions of this resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the date of coming into force of the measures imposed by paragraph 4 above;
“8. Calls upon States to bring proceedings against persons and entities within their jurisdiction that violate the measures imposed by paragraph 4 above and to impose appropriate penalties;
“9. Calls upon all States to cooperate fully with the Committee established by paragraph 6 above in the fulfilment of its tasks, including supplying such information as may be required by the Committee in pursuance of this resolution;
“10. Requests all States to report to the Committee established by paragraph 6 above within 30 days of the coming into force of the measures imposed by paragraph 4 above on the steps they have taken with a view to effectively implementing paragraph 4 above;
“11. Requests the Secretary-General to provide all necessary assistance to the Committee established by paragraph 6 above and to make the necessary arrangements in the Secretariat for this purpose;
“12. Requests the Committee established by paragraph 6 above to determine appropriate arrangements, on the basis of recommendations of the Secretariat, with competent international organizations, neighbouring and other States, and parties concerned with a view to improving the monitoring of the implementation of the measures imposed by paragraph 4 above;
“13. Requests the Secretariat to submit for consideration by the Committee established by paragraph 6 above information received from Governments and public sources on possible violations of the measures imposed by paragraph 4 above;
“14. Decides to terminate the measures imposed by paragraph 4 above once the Secretary-General reports to the Security Council that the Taliban has fulfilled the obligation set out in paragraph 2 above;
“15. Expresses its readiness to consider the imposition of further measures, in accordance with its responsibility under the Charter of the United Nations, with the aim of achieving the full implementation of this resolution;
“16. Decides to remain actively seized of the matter.”
Statements
RAAVAN A.G. FARHADI (Afghanistan) said his Government supported the draft resolution before the Council. The measures in that text signalled to the Taliban and their Pakistani mentors that the international community was concerned with the policy of Pakistan and the Taliban, which posed an immediate threat to international peace and security. The text's political message was strong: the foreign supporters of the Taliban should take necessary measures to dissociate themselves from the "Talibanization" of the region. The text directly affected the Taliban's financial resources, which came primarily from drug trafficking. It would not have any effect on the Afghan nation itself. The clause on exceptions ensured the delivery of humanitarian assistance to the Afghani people. He expected that the Council would use every mechanism at its disposal for the meticulous and strict application of all measures.
He considered the adoption of today's text a means of persuading the Taliban and their mentors to abandon policies which were harmful to the peace and security of the region, of which Pakistan was part. The Taliban must be convinced that there was no military solution.
NANCY SODERBERG (United States) said that, with the passage of the draft resolution before the Council, the United Nations would take a courageous step to combat international terrorism. It would send a direct message to Usama bin Laden and terrorists everywhere -- “you cannot run, you cannot hide, you will be brought to justice”. She said her Government attached the highest priority to disrupting Usama bin Laden s terrorist organization and bringing bin Laden to justice.
She said the Taliban continued to provide bin Laden with safe haven and security, allowing him the freedom to operate despite repeated efforts by the United States to persuade the Taliban to turn over or expel him and his associates to responsible authorities in a country where he could be brought to justice. The draft resolution gave the Taliban a choice: it had 30 days to turn over bin Laden or sanctions would begin. She hoped the Taliban would cooperate in bringing bin Laden to justice with that time frame. The choice between cooperation and confrontation rested with the Taliban.
The sanctions were limited and targeted very specifically to limit the resources of Taliban authorities and would, in no way, harm the people of Afghanistan, she said. The Council would work with the sanctions committee to implement the resolution in a way that did not hinder the provision of humanitarian assistance to the Afghan people. HASMY AGAM (Malaysia) said while strong measures to combat international terrorism were needed, his delegation was concerned about the impact on the innocent, ordinary people of Afghanistan. Sanctions should be a last resort before the use of force, when all other measures had been utilized and failed. They should be used as an instrument of coercion with great caution, because of their unintended grave consequences to the innocent population. The effectiveness and humanitarian impact should be assessed at all stages.
Sanctions directed at the Taliban would affect the general population in virtually every aspect of their lives, he continued. There should have been a more careful and exhaustive analysis of the likely impact of the proposed sanctions, as well as a phased approach in handling the situation. The Council should have first adopted a strong resolution signalling its serious intention to institute measures to impose sanctions on the Taliban, if certain actions were not taken in respect to its "support" for terrorism.
The people of Afghanistan, among the world’s poorest, were the tragic victims of more than a decade of bitter conflict and natural disasters, he said. The sanctions imposed on the Taliban would most certainly affect the people in a punitive way, since the Taliban were effectively in control in most parts of the country and administered virtually every aspect of life in the parts of Afghanistan under their control. For those reasons, the Malaysian delegation would vote in favour of the draft resolution with a heavy heart. He appealed to the Taliban to comply with the Council's requirements so as to spare the hapless people of Afghanistan from further suffering and misery. He appealed to the Council to ensure that, in implementing the text, the welfare of the people of Afghanistan was taken to heart.
RASHID AL-DOSARI (Bahrain) said the existence of a few terrorists on Afghan territory was the responsibility of all Afghan factions. If the terrorists were disabled, then law would prevail in that country and Afghanistan would regain its status in the international community.
The Afghan factions were also responsible for the internal situation in Afghanistan and its repercussions in the country, he said. Moreover, those States that provided arms to the Afghan factions were also responsible for fuelling the Afghan war. Those States should have convinced the Afghan factions to disarm and return to a dialogue to settle their problems. He noted the deterioration of the humanitarian situation in the country, which had been exacerbated by natural disasters. For that reason, he had been apprehensive about the possible negative repercussions of the resolution and had worked with other delegations to make sure that they would not happen.
Action on Draft Resolution
The Council then unanimously adopted resolution 1267 (1999).
SHEN GUOFANG (China) endorsed the views of the representative of Malaysia. China believed that sanctions would exacerbate the suffering of the people of Afghanistan. Sanctions must be used only as a last resort, and should be clearly targeted. China was against all forms of terrorism. Based on that position, it had participated in the negotiations and requested that the text be limited to the issue of combating international terrorism. It noted the text's reference to the Council's commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, and its respect for Afghanistan's cultural and historical heritage. Further, China noted that the sanctions would take effect only 30 days from today and would be ceased immediately upon fulfilment of the stated requirement.
ANDRAS VAMOS-GOLDMAN (Canada) said his delegation supported the resolution. It was appropriate and necessary that the Council take action against terrorism. He hoped the text would assist in the process of bringing to justice those responsible for the 1998 bombings in Kenya and the United Republic of Tanzania. The Taliban's flouting of human rights and humanitarian principles, which had given rise to so much insecurity in the region, merited further action.
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