Discurso do Representante Permanente Alterno, Embaixador João Genésio de Almeida Filho, em briefing conjunto dos Comitês 1267, 1373 e 1540 no Conselho de Segurança - 23 de novembro de 2022 (texto em inglês)

Statement by the Deputy Permanent Representative Ambassador João Genésio de Almeida Filho during the joint briefing to the UN Security Council by the Chairs of Committee 1267, 1373 and 1540
November 23, 2022

Mister President,

I would like to thank the Chairs for their insightful remarks. We commend the ongoing cooperation among these committees, which play an important role in the United Nation’s broad counter-terrorism efforts.

I also congratulate India for the successful organization of the CTC special meeting on the pressing topic of the use of new and emerging technologies for terrorist purposes.

Mr. President,

The 1267 sanctions regime can target individuals or groups anywhere in the world. Listing criteria are necessary to limit an otherwise entirely discretionary power. It is of utmost importance that we ensure they are applied using evidence-based standards.

When listing requests are submitted to the 1267 Committee, they are presented only with allegations that any given individual or entity fulfills the criteria of association with Da`esh or Al-Qaeda – not with proper evidence. Except for the back channel of bilateral interagency communications between select partners, there is no sharing within the Committee of the actual evidence justifying or supporting the allegations.

As we continue to discuss ways to improve our working methods, Brazil reiterates that listing requests should be submitted together with the evidence supporting them, so that all Committee members are in a position to judge every request on its own merit. This would also help avoiding the politicization of listing requests.

We also emphasize the importance of aligning listing standards, with those applied by the Ombudsperson for the purposes of delisting. It is our view that the Ombudsperson should only recommend the retention of listings in case there is proper evidence to substantiate allegations of association with Da’esh & Al-Qaeda. Given the persistence of due process concerns relating to the listing process, the Ombudsperson should not take for granted previous allegations, statements or narratives associated with existing listings, simply because the Committee had approved the respective entries before.

Mister President,

The Counter-Terrorism Committee was established to ensure the implementation by Member States of Security Council resolutions on the matter. The creation of the Counter-Terrorism Committee Executive Directorate in 2004 and the renewal of its mandate last year were important steps taken to provide the CTC with means to fulfill its mandate. The discussions on CTED’s interim review by the end of next year will give us an opportunity to further streamline its work.

This process should not be decoupled from the lessons to be learnt during the eighth review of the United Nations Global Counter-Terrorism Strategy in mid-2023. Without prejudice to the broad scope of resolution 2617 (2021) and to other Security Council resolutions, the GCTS is and should remain the main guidance for the international community in its fight against terrorism. The GCTS emanates from the most representative body of the United Nations, the General Assembly, and thus encompasses a wider range of views and needs.

Capacity-building prominently features in GCTS and must be a priority for the UN in its support to Member States. The country visits and assessments by CTED and the implementation of demand-driven technical assistance by UNOCT and other bodies of the Coordination Compact bring a significant contribution to the strengthening of national institutions, which are the mainstay for resilience against terrorism.

Brazil also reiterates its view that the lack of an internationally agreed-upon definition of international terrorism affects our ability to counter it in a coherent manner and may lead to the perception of double standards when the Security Council sets its priorities and takes action against it.

Mister President,

The 1540 Committee remains a relevant mechanism for the international disarmament and non-proliferation architecture. Through a sui generis cooperative approach, it assists states to prevent the acquisition of weapons of mass destruction and their means of delivery by non-state actors while preserving international cooperation in materials, equipment, and technology for peaceful purposes.

Brazil recognizes Mexico's crucial role in chairing the 1540 Committee during its comprehensive review process and supports the renewal of its mandate. Brazil is working closely with the Chair and other Committee members to adopt a substantive resolution that strengthens the role of the Committee in addressing old and new challenges.

Mister President,

Member States must bear in mind that, in order to be truly effective, the implementation of sanctions and counter-terrorism must be consistent with international law, including the UN Charter, international human rights law, international humanitarian law and international refugee law.

Brazil encourages the Council to continue its work to adjust the sanctions framework, so that they effectively minimize the suffering of the civilian population. Sanctions can be legitimate and effective when they are multilaterally agreed, strategically targeted and designed to have minimal impact on the civilian population.

In this sense, we commend the United States’ and Ireland’s initiative to uphold the right to humanitarian assistance, by promoting negotiations on a future Security Council resolution concerning a much-needed cross-cutting humanitarian carve-out. It has the potential to bring forth a more predictable legal environment for neutral, impartial and independent humanitarian providers to undertake their essential activities in whichever circumstances, including in areas where designated terrorist individuals and entities operate.

Mister President,

Brazil has enshrined, in its Constitution, the repudiation of terrorism as a guiding principle for the conduction of its internal relations; and, in its legislation, the direct and immediate applicability of Security Council sanctions. However, we are aware that the maintenance of international peace and security needs more than sanctions.

Although sanctions are important tools, the fight against terrorism and violent extremism conducive to terrorism can only succeed if the international community tackles its drivers. Therefore, in our struggle for a safer world, we must not neglect the importance of advocating for economic development and opportunities for youth; of adopting balanced multilateral sanction regimes, which should not worsen the situation of vulnerable populations, social exclusion and food insecurity; and of combatting racism, xenophobia and other forms of intolerance, which fuel resentment and radicalization.

Thank you.