1267 Committee dealing with Taliban and Al-Qaida

1. 1267 Committee dealing with Taliban and Al-Qaida Briefing to the Select Committee on Security and Constitutional Development 16 November 2011

3. Introduction • The Select Committee on Security and Constitutional Development requested a briefing on Proclamations in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), and tabled in terms of section 26 of the Act.

4. PROCLAMATIONS TABLED • Proclamation No 1 published in the Government Gazette No 33931 dated 13 January 2011. • Proclamation No 10 published in the Government Gazette No 34081 dated 9 March 2011. • Proclamation No 11 published in the Government Gazette No 34081 dated 9 March 2011. • Proclamation No 12 published in the Government Gazette No 34081 dated 9 March 2011. 

5. PROCLAMATIONS TABLED • Proclamation No 13 published in the Government Gazette No 34081 dated 9 March 2011. • Proclamation No 14 published in the Government Gazette No 34081 dated 9 March 2011. • Proclamation No 15 published in the Government Gazette No 34081 dated 9 March 2011. • Proclamation No 16 published in the Government Gazette No 34081 dated 9 March 2011.

6. PROCLAMATIONS TABLED • Proclamation No 48 published in the Government Gazette No 33563 dated 23 September 2010. • Proclamation No 49 published in the Government Gazette No 33563 dated 23 September 2010. • Proclamation No 50 published in the Government Gazette No 33563 dated 23 September 2010.

7. PROCLAMATIONS TABLED • Proclamation No 51 published in the Government Gazette No 33563 dated 23 September 2010. • Proclamation No 52 published in the Government Gazette No 33563 dated 23 September 2010. • Proclamation No 53 published in the Government Gazette No 33563 dated 23 September 2010.

8. PROCLAMATIONS TABLED • Proclamation No R.64 published in the Government Gazette No 33769 dated 15 November 2010. • Proclamation No R.65 published in the Government Gazette No 33769 dated 15 November 2010.

9. United Nation Charter SECURITY COUNCIL FUNCTIONS and POWERS Article 24 • In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.

10. United Nations Charter • In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII. • The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

11. United Nations Charter Article 25 • The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

12. United Nations Charter Article 26 • In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

13. Constitution CHAPTER 14 GENERAL PROVISIONS INTERNATIONAL LAW 231. International agreements.- (1) The negotiating and signing of all international agreements is the responsibility of the national executive.

14. Constitution • 231 (2) An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement referred to in subsection (3).

15. Constitution • 231 (3) An international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without approval by the National Assembly and the National Council of Provinces, but must be tabled in the Assembly and the Council within a reasonable time.

16. Constitution • 231 (4) Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self- executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

17. Constitution • 231 (5) The Republic is bound by international agreements which were binding on the Republic when this Constitution took effect.

18. Constitution • 233. Application of international law.- When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.

19. POCDATARA CHAPTER 5 RESOLUTION OF UNITED NATIONS SECURITY COUNCIL • 25. Notification by President in respect of entities identified by United Nations Security Council • The President must, by Proclamation in the Gazette, and other appropriate means of publication, give notice that the Security Council of the United Nations, under Chapter VII of the Charter of the United Nations, has identified a specific entity as being -

20. POCDATARA • (a) an entity who commits, or attempts to commit, any terrorist and related activity or participates in or facilitates the commission of any terrorist and related activity; or • (b) an entity against whom Member States of the United Nations must take the actions specified in Resolutions of the said Security Council, in order to combat or prevent terrorist and related activities.

21. POCDATARA Parliamentary supervision • 26. Every Proclamation issued under section 25 shall be tabled in Parliament for its consideration and decision and Parliament may thereupon take such steps as it may consider necessary.

22. Consolidated List 4 Categories • Taliban – individuals • Taliban – entities • Al-Qaida – individuals • Al-Qaida – entities • “States encouraged to circulate it widely..”

23. Consolidated List 1267 Committee Interpretation • T = Taliban • Q = Al-Qaida • I = individual • E = entity • First number eg TI 106 indicates the follow number when listed • Second number indicates year when person was listed

24. Listing • Member States encouraged to submit names for listing as soon as supporting evidence is obtained; • Committee consider proposed listings on basis of “associated with” standard (UNSCRes 1617 (2005);

25. Listing • Before proposing names, Member States are encouraged to approach State(s) of residence / or citizenship of individual/entity to obtain additional information; • Member States also encouraged to propose names of individuals responsible or concerned with listing;

26. Listing Continued • UNSCRes 1735 (2006) Member States need to provide detailed statement of case in support to proposed listing – should include – → specific findings demonstrating the association or activities alleged;

27. Listing Continued → NATURE OF SUPPORTING EVIDENCE (intelligence, law enforcement, judicial, media, admissions); → supporting evidence / documents; → details of any connection with currently listed individual or entity.

28. Listing Continued • Statement of case must be releasable except for parts Member State identifies as confidential and Committee may use it for narrative summary; • Member States (UNSCRes 1904(2009))must provide Committee with as much relevant information in order to have accurate and positive identification of individuals, groups, undertakings and entities;

29. Listing Continued • Standard form was made available by Committee; • Different forms for individuals and entities; • If listing is approved, Committee update Consolidated List;

30. Listing Continued Secretariat – • notifies Permanent Mission of country of which individual / entity is a national; • includes narrative summary of reasons for listing;

31. Listing Continued • description of the effect of listing; • procedure for delisting.

32. Listing Continued • Member States in accordance with domestic and international law must notify individual / entity of listing and relevant information. • Office of Ombudsman also notify individuals / entities if address is known after Permanent Missions are notified. • Information also forwarded to INTERPOL – INTERPOL –United Nations Special Notice

33. Amendments / Updating • By Committee on information provided by Member States, regional or international organisations; • Monitoring team to advise and assist to convey information to requesting states.

34. Effect of listing • Freeze assets • Arms embargo • Travel ban

35. Delisting • Petitioner submit request for de-listing; To Office of Ombudsperson By Member State to Committee after bilaterally consulting with designating State(s), State(s) of nationality, residence or incorporation;

36. Delisting • Chairperson circulate request including appropriate additional information provided by Monitoring Team; • Request placed on Committees agenda; • States invited to submit views;

37. Delisting • Committee gives due consideration to opinions of designating State(s), State(s) of residence, nationality or incorporation; • If objection received – Committee rejects delisting request; • Deceased – with necessary documentation confirming death – decision to be made with regard to unfrozen assets

38. Delisting • Ombudsperson - gather information (confidential) – any means - dialogue with Monitoring Team - Report in comprehensive confidential report to Committee and Monitoring Team - Makes observation (considered as recommendation)

39. Thank you