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Committees dealing with Taliban and Al-Qaida

Committees dealing with Taliban and Al-Qaida. Briefing to the Portfolio Committee on Police 21 August 2012. Introduction.

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Committees dealing with Taliban and Al-Qaida

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  1. Committees dealing with Taliban and Al-Qaida Briefing to the Portfolio Committee on Police 21 August 2012

  2. Introduction • The Portfolio Committee on Police 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.

  3. 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. Proclamation No 51 published in the Government Gazette No 33563 dated 23 September 2010.

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

  5. 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.

  6. 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

  7. PROCLAMATIONS TABLED Proclamation No 36 published in the Government Gazette No 34373 dated 21 June 2011. Proclamation No 37 published in the Government Gazette No 34374 dated 21 June 2011. Proclamation No 38 published in the Government Gazette No 34375 dated 21 June 2011.

  8. PROCLAMATIONS TABLED Proclamation No 41 published in the Government Gazette No 34469 dated 20 July 2011. Proclamation No 42 published in the Government Gazette No 34469 dated 20 July 2011. Proclamation No 43 published in the Government Gazette No 34469 dated 20 July 2011.

  9. PROCLAMATIONS TABLED Proclamation No 45 published in the Government Gazette No 34501 dated 4 August 2011. Proclamation No 47 published in the Government Gazette No 34555 dated 25 August 2011 Proclamation No 48 published in the Government Gazette No 34608 dated 19 September 2011.

  10. PROCLAMATIONS TABLED Proclamation No 52 published in the Government Gazette No 34625 dated 22 September 2011. Proclamation No 53 published in the Government Gazette No 34626 dated 22 September 2011. Proclamation No 57 published in the Government Gazette No 34660 dated 6 October 2011.

  11. PROCLAMATIONS TABLED Proclamation No 64 published in the Government Gazette No 34778 dated 14 September 2011. Proclamation No 65 published in the Government Gazette No 34779 dated 4 October 2011. Proclamation No 66 published in the Government Gazette No 34780 dated 4 October 2011. Proclamation No 60 published in the Government Gazette No 34733 dated 8 November 2011.

  12. PROCLAMATIONS TABLED Proclamation No 5 published in the Government Gazette No 35038 dated 17 February 2012. Proclamation No 6 published in the Government Gazette No 35039 dated 17 February 2012. Proclamation No 7 published in the Government Gazette No 35039 dated 17 February 2012. Proclamation No 17 published in the Government Gazette No 35126 dated 9 March 2012.

  13. PROCLAMATIONS TABLED Proclamation No 18 published in the Government Gazette No 35126 dated 9 March 2012. Proclamation No 24 published in the Government Gazette No 35187 dated 28 March 2012. Proclamation No 33 published in the Government Gazette No 35359 dated 18 May 2012. Proclamation No 34 published in the Government Gazette No 35359 dated 18 May 2012.

  14. PROCLAMATIONS TABLED Proclamation No 35 published in the Government Gazette No 35359 dated 18 May 2012. Proclamation No 36 published in the Government Gazette No 35360 dated 21 May 2012. Proclamation No 37 published in the Government Gazette No 35360 dated 21 May 2012. Proclamation No 39 published in the Government Gazette No 35566 dated 6 August 2012. Proclamation No 40 published in the Government Gazette No 35566 dated 6 August 2012.

  15. 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.

  16. 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.

  17. 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 -

  18. 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.

  19. 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.

  20. UNSCRes 1989/2011 • 17 June 2011 • Distinction between Al Qaida and Taliban Lists

  21. Consolidated List 1267/1999 2 Categories • Al-Qaida – individuals • Al-Qaida – entities • “States encouraged to circulate it widely..”

  22. Consolidated List 1988/2011 • Taliban – individuals • Taliban – entities

  23. 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 (UNRes 1267/1999); or By Member State to Committee after bilaterally consulting with designating State(s), State(s) of nationality, residence or incorporation; (1267/1999 and 1988/2011)

  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 (UNSCRes 1267/1999) • - 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

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