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Peace & Reconciliation:

De-listing the Taliban
June 2011 Comprehensive Information on Complex Crises

Amber Ramsey Governance & Rule of Law Knowledge Manager amber.ramsey@cimicweb.org

This document provides an overview of previous and ongoing efforts by the Afghan government to promote reconciliation with the Taliban through the removal of several Taliban names from the UN Consolidated List of individuals subject to sanctions. Related information is available at www.cimicweb.org. Hyperlinks to source material are highlighted in blue and underlined in the text.

stablished on 15 October 1999, the Al Qaeda and To the Reader: Due to the ever-evolving nature of Taliban Sanctions Committee, also known as the 1267 the al Qaeda and Taliban Sanctions Committee, Committee, pursuant to United Nations Resolution 1267, some of the links in this document may have been obliged governments to freeze the bank accounts and impose a altered since time of publication. In particular, travel ban on anyone found to have links with the Taliban or al the 1267 Sanctions Committee website now Qaeda (see Box 1). Subsequent UN resolutions1 modified and covers only those individuals and entities strengthened the sanctions regime by expanding the sanctions associated with al Qaeda. A new website and measures to include individuals and entities associated with al Consolidated List have been made available for the 1988 Taliban Sanctions Committee. Qaeda, Osama bin Laden and/or the Taliban. These 2 individuals/groups are then placed on a UN Consolidated List established and maintained by the 1267 Committee. The UN Consolidated List originally contained the names of 144 individuals associated with the Taliban. UN Member States were strongly encouraged by the Security Council in Resolution 1904 (2009) to regularly update the information on the list as well as submit all relevant information pertaining to individuals that should be added or removed. All information provided by governments to the 1267 Sanctions Committee must be submitted through the countrys Permanent Mission to the United Nations in New York.

Box 1: UN Resolution 1267 Requirements of all UN Member States

Freeze without delay the funds and other financial assets or economic resources, including funds derived from property owned or controlled directly or indirectly; Prevent the entry into or transit through their territories; and Prevent the direct or indirect supply, sale or transfer of arms and related material, including military and paramilitary equipment, technical advice, assistance or training related to military activities, with regard to the individuals, groups, undertakings and entities placed on the Consolidated List. Source: Al Qaeda and Taliban Sanctions Committee website

According to the 1267 Committee guidelines, a detailed case must be provided for any individual or entity seeking removal from the Consolidated List. The guidelines further state that a petitioner can submit a request for de-listing either through the Office of the Ombudsperson (see section below) or through their State of residence or nationality. Each State is given the option to have all requests sent directly to the Office of the Ombudsperson by submitting a declaration addressed to the Chairman of the Committee. UN Member States are at any time able to submit requests to the 1267 Sanctions Committee through their Permanent Mission for the de-listing of individuals, entities, groups and/or
1

Subsequent UN Resolutions pertaining to Al Qaeda and Taliban sanctions: 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008) and 1904 (2009) 2 The UN maintains more than one Consolidated List, however all references to the Consolidated List or sanctions list in this document refer to the list of individuals and entities established pursuant to Security Council Resolution 1267 (1999)

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undertakings included on the Consolidated List. However, the Committee may request additional information from the Analytical Support and Sanctions Monitoring Team and/or the States concerned. The Sanctions Monitoring Team was established pursuant to Resolution 1526 (2004) to assist the 1267 Sanctions Committee in evaluating the changing face of the Taliban and al Qaeda and gathering information necessary for strengthening and updating the Consolidated List. The team is composed of eight independent experts with experience in counter-terrorism, financing of terrorism, arms embargoes, travel bans and related legal issues. According to an article from the UN News Centre, Richard Barrett, Coordinator of the Monitoring Team, stressed the importance of engaging as many Member States as possible to gather their general opinions on the sanctions regime and utilising this information in the ongoing review process. The 1267 Sanctions Committee is seen by many observers as an example for expanding and developing the processes of all other UN sanctions committees. Various efforts have been made to strengthen the regime and make it a more fair and efficient process for all stakeholders. Along with creating the Office of the Ombudsperson, resolution 1904 (2009) introduced a series of new types of reviews, including a review of entries that could theoretically apply to many people, a review of deceased persons (required to take place every six months) and an annual review of names that have not been reviewed for three or more years. In addition, through a number of reform processes3, concrete steps have been suggested to improve the design and implementation of sanctions, specifically in the areas of listing and de-listing of individuals or entities, exemptions and Member State reporting practices. According to the Watson Institutes Background Paper on Targeted Sanctions, though not all of the suggestions have been fully implemented, the reform processes undertaken by the 1267 Committee have provided a basis for answering some important questions that had not yet been discussed with regard to targeted sanctions in general.

The Office of the Ombudsperson

In one of the many attempts to make the Taliban and al Qaeda Sanctions Committee a fair and effective institution, on 03 June 2010, the United Nations Assistance Mission in Afghanistan (UNAMA) announced the appointment of an ombudsperson who would begin their duties on 14 July 2010. The new office was created by Security Council Resolution 1904 and given the responsibility of investigating any individual petitions for the removal of names from the 1267 Sanction Committees Consolidated List. The mandated duties of the Office of the Ombudsperson include gathering information and interacting with petitioners, relevant states and organisations with regard to de-listing. The ombudsperson is expected to present a comprehensive report to the Security Council on each request submitted to the Sanctions Committee, after which the outcome is communicated back to the petitioner by the ombudsperson. Kimberly Prost was the first ombudsperson to ever be appointed to a UN sanctions committee. As a legal expert with wide-ranging international experience in counter-terrorism, human rights and sanctions regimes, Prost was considered by the 1267 Sanctions Committee and the Secretary-General to be the most qualified person in the world for the job, based on a statement made by former Chairman of the 1267 Committee, Thomas Mayr-Harting, at a press conference announcing her appointment. During the press conference, Prost described her Office as a good faith, serious step in the development of the 1267 regime as well as a step in addressing serious concerns over due process. Following her appointment, Prost vowed to seek out all relevant sources of information to ensure impartiality, while also promising to work objectively and independently for petitioners seeking redress.

Interlaken, Bonn-Berlin, Stockholm

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Box 2: Interaction of the Office of the Ombudsperson and Petitioners

Cases submitted to the Ombudsperson are considered and reviewed on a confidential basis. Unless a petitioner chooses to publicly disclose the existence of a request for de-listing, the Ombudsperson will not provide information as to the identity of any petitioner. If the petitioner makes a request public, the Ombudsperson will only confirm the existence of the request and provide general information as to the status of the case. However, the Ombudsperson will not publicly comment on the details of any pending case. The Ombudsperson uses information-gathering and dialogue to draw out as much relevant information about the specific cases as possible, from States and other relevant sources, while strictly adhering to any confidentiality constraints. The information is then presented to the petitioner in order that he or she can be fully informed of the case against him or her. The petitioner is subsequently afforded the opportunity to present a response to that case through written submissions or in the course of a written and/or oral dialogue with the Ombudsperson. The response to the case, amplified through questions that are put by the Ombudsperson, will then be reflected in the report which is submitted to the Committee. In this way, the petitioner is given an opportunity to be heard by the Committee. Source: Report of the Office of the Ombudsperson to the Security Council, 24 January 2011

In her first report to the Security Council, Prost outlined the initial activities undertaken by her office, which included drafting the new procedures for de-listing requests and describing the application process in a way that would be accessible and understandable across the board. In addition, a website was made available where petitioners can seek redress using simple, straightforward submission procedures. The Office of the Ombudsperson was initially created for a set period scheduled to end on 30 June 2011.

Reconciliation and Reintegration in Afghanistan

Afghanistans Peace and Reconciliation Programme (APRP) is described by the International Security Assistance Force (ISAF) as an Afghan government peace program that aims to bring former fighters who renounce violence, break ties with terrorists and agree to abide by the Afghan Constitution peacefully back into their communities. Through the APRP, insurgents growing tired of fighting are given the opportunity to have their grievances heard and to return to peaceful lives with dignity, honour and security. Early efforts at peace and reconciliation in Afghanistan focused heavily on Taliban foot soldiers, though more recent attempts focus on reaching a political settlement to the conflict through negotiations with Taliban leaders. In an important distinction, the Open Society Institute differentiates reintegration with reconciliation, describing reintegration as attempts to lure back low to mid-level fighters not ideologically linked to the fight but rather driven by economic necessity. Reconciliation, on the other hand, is described as efforts to negotiate a political settlement with the Taliban to end fighting. According to an article by Pajhwok Afghan News, in early 2010, then appointed UN Special Representative of the Secretary-General (SRSG) to Afghanistan Kai Eide spoke out in favour of removing second-tier insurgent leaders from the United Nations list of terrorists. In so doing, he hoped that the door would be opened to future direct negotiations between Afghan officials and Taliban leaders. In another article, Kai Eide explained that Taliban foot soldiers are often greatly controlled by their leadership. He further told The New York Times that the move towards reconciliation and reintegration would be meaningful only if it covered both militant leaders and rank-and-file fighters. At the January 2010 International Conference on Afghanistan held in London, Afghan President Hamid Karzai proposed a plan to bring about peace and reconciliation in Afghanistan. Proponents of Karzais strategy cited the success of a similar programme implemented in Iraq in 2007 and 2008 that some claim played a large part in decreasing violence in the country. Yet, despite broad international support for Karzais plan, doubts remained regarding how to go about seeking negotiations with high-level Taliban leaders, which Eide described as an integral part of ending the conflict. President Karzai has regularly reiterated the Afghan governments requirement for reconciliation with the Taliban, as noted by The Huffington Post, which demands that the Taliban end violence, accept the 2004 Afghan Constitution and

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cut all ties with al Qaeda. In response, the Taliban have repeatedly rejected all attempts at peace talks until all international troops have withdrawn from the country, says Reuters. Yet, according to the previously cited New York Times article, some Taliban leaders indicated that they might be willing to begin talks if their names were removed from the UN sanctions list, as they claimed that the restrictions particularly the travel ban prevented them from entering into negotiations. According to an unidentified Afghan minister cited by The Guardian, removing the sanctions would also allow for the establishment of a political office for the Taliban, which Turkey, Turkmenistan and Qatar have all offered to host. Currently, UN sanctions restrict the movement of key intermediaries based in Kabul, mainly former senior Taliban members who would be willing to assist in third-country negotiations, he explains. Additionally, several members of the countrys High Peace Council, created by President Hamid Karzai in September of 2010 to seek out Taliban members willing to negotiate, continue to be subject to UN sanctions, which they describe as a hindrance to peace negotiations, says Bloomberg. The de-listing of Taliban names from the UN Consolidated List has today become a large part of the Afghan governments attempts to promote reconciliation with the Taliban, according to Reuters. To many in Afghanistan, the move is seen as a tool for confidence building to show the Taliban that we are serious about reconciliation, as stated by Shaida Abdali, deputy national security adviser and special assistant to Afghan President Hamid Karzai.

The International Community Response

As reported by Tolo TV, the UN responded to calls for updating the al Qaeda and Taliban sanctions list by suggesting that if the Afghan government chose to request the removal of certain individuals, there were procedures in place to facilitate this process.4 According to the UN 1267 Sanctions Committee, though the Government of Afghanistan is given the authority to submit proposals for the removal of names from the Consolidated List, a thorough review must be conducted on each case and sufficient evidence must be available to prove that the individual meets the requirements for de-listing, mainly that they are no longer a threat. However, the most difficult hurdle to removing names from the UN Consolidated List is in having all 15 members of the UN Security Council accept, explains the BBC. Early on, both British and American officials signalled their willingness to explore the possibility of removing some of the names from the sanctions list to facilitate negotiations. The late US Special Representative for Afghanistan and Pakistan, Richard Holbrooke, was quoted by The New York Times as saying, [s]ome of the people on the list are dead, some shouldnt be on the list and some are among the most dangerous people in the world. He then agreed that a review of the list would be beneficial and would allow for the removal of names that were on the list by mistake as well as those who were now deceased. Holbrooke, however, clarified in a press release that the US did not support the blanket removal of all Taliban names, reiterating that several individuals on the list were dangerous to the United States and its allies, as reported by Kuna News Agency. Holbrooke also affirmed that "this is not a one-time-only event, it is an ongoing process, and the US is not in charge of it. The UN is. But we are working on it, along with them. Moreover, a British diplomat cited the need for sufficient flexibility to support the political process, while indicating that his government supported the removal of some of the names on the list, according to UN Dispatch. Other countries have shown concern over the proposal to remove UN sanctions on certain individuals. These include Russia, India and China, who have all held objections to overhauling the UN Consolidated List. Russia is considered by many to be the main block to proposals for altering the list, reports The Guardian. Russia experienced heavy losses during the Soviet occupation of Afghanistan in the 1980s and officials in the country fear that the Taliban are still heavily connected to al Qaeda. They are also sceptical that a political settlement to the conflict can ever be reached. Nevertheless, according to the current chairman of the al Qaeda and Taliban Sanctions Committee, Peter Wittig, Russia has shown openness to discussions despite having serious doubts. India specifically presented concerns about the UN draft resolution that would separate the Taliban and al Qaeda into two separate sanctions lists. According to the article from Express India, the countrys concerns centre on the belief that this change could dilute the well-established UN sanctions regime and make it easier for the sanctions to be misused.

See The Al-Qaida and Taliban Sanctions Committee 1267: Fact Sheet on De-listing

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The First Names Removed from the Consolidated List5

On 27 January 2010, the BBC reported that the UN Security Council had removed the names of five top Taliban officials after a complete review of the list led to the decision to delete (de-list) the five entries. The five individuals included former Taliban Foreign Minister Abdul Wakil Mutawakil, former Deputy Commerce Minister Faiz Mohammad Faizan, former foreign ministry official Shams-US-Safa, Deputy Planning Minister Mohammad Musa and former Deputy Frontier Affairs Minister Abdul Hakim. According to the panel, the removal of the names was linked to requests that had been made five years prior and were not related to efforts by the Afghan government and some Western countries to promote reconciliation in Afghanistan through the removal of targeted sanctions. Nevertheless, a Western diplomat told Agence France-Presse (AFP) that these men were considered to be moderate Taliban officials and that President Karzai could now begin dialogue with them. Soon after Afghanistans National Consultative Peace Jirga in June 2010, the call for names to be removed from the list again emerged on the international scene. Shortly after the Jirga ended, a four-member delegation from the UN Security Councils Sanctions Committee was sent to Kabul on a three-day visit to discuss the content of the list and make recommendations for possible removals, according to an article by The New York Times. At this time, SRSG Staffan de Mistura told journalists in Kabul that the team was seriously looking at the sanctions list and an update could be expected by the end of the month. He explained that the push to update the list showed a sign of pro-activity by both the international community and the Afghan government to move forward on key suggestions made by Afghan representatives at the Peace Jirga. In early July 2010, Voice of America reported that the UN was reviewing 10 names that could possibly be removed from the sanctions list. Statements made by SRSG de Mistura indicated that the names were under investigation but no further details were released. During the same period, The Washington Post reported that Karzai was expected to request the removal of as many as 50 names from the list; a report that was later denied by the Afghan government. However, the article indicated that the UN was seeking more proof that the 50 individuals had truly renounced violence, embraced the new Afghan Constitution, and severed ties with al Qaeda. Thomas Mayr-Harting, chairman of the panel that oversaw the Consolidated List at the time, also reiterated that names would not be removed solely to boost the peace process in Afghanistan. He further explained that a detailed case must be submitted by the Afghan government showing proof that the individual met the requirements for de-listing and that thus far the Afghan government had failed to provide this information on the 50 individuals in question. In early August 2010, the UN announced the removal of five additional former Taliban members from its sanctions list after conducting the first-ever exhaustive review6 of the Taliban and al Qaeda Sanctions Committees Consolidated List, which at the time consisted of 488 individuals. The Taliban whose names were deleted from the list included a former Taliban envoy to the UN, Abdul Hakim Mujahid Muhammad Awrang, and Abdul Salam Zaeef, author of the book My Life with the Taliban. The review of the list took some 18 months to complete, reported Radio Free Europe/Radio Liberty (RFE/RL), and was the only audit undertaken by the committee since the list was created in 1999. The audit found that the list included 38 deceased individuals; only eight of whom were de-listed by the panel. Thomas MayrHarting explained [i]ts not easy to get dead people off the list. He further added, [w]e have to have convincing proof that they are really dead and also we have to have information on what happened to their assets, and this in many cases takes some time. After the removal of the names, the list was reported to include 132 Taliban names and 311 al Qaeda. Thomas Mayr-Harting also informed reporters from AFP that an additional 66 names were still under consideration for de-listing. According to RFE/RL, several members of the Afghan government viewed the successful removal of names from the sanctions list to be a positive step towards reconciliation. A Member of the Afghan Parliament (MP), Kabir Ranjbar, was quoted saying that the move indicates to the [Taliban] that the world community and the Afghan government [are] ready to treat them with respect only if they follow the same path. It shows that the world and the Afghan government provide them with a fair chance to start living a normal and peaceful life.

5
6

See Appendix Called for by Resolution 1822(2008)

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The Way Ahead

As efforts continue to reach a political settlement with the Taliban, more changes are bound to be made to the way targeted sanctions are addressed. It is well known that Taliban members and the Afghan government see the UN sanctions to be a hindrance to potential peace talks, but there are still a number of issues that must be addressed before these sanctions can be dropped. One of the main complaints about targeted sanctions has come from the Afghan government, who has regularly shown frustration over its inability to influence the UN sanctions on Taliban members willing to negotiate, says Bloomberg. Therefore, in the most recent development, the UN Security Council agreed to split the al Qaeda and Taliban sanctions list to allow the Afghan government greater leverage in choosing who belongs on the Taliban sanctions list, says The Guardian. According to German Ambassador Peter Wittig, [f]rom now on, the Afghan government has a visible and distinct role in the process of listing and delisting. Security Council Resolutions 1988 and 1989 effectively created a new sanctions regime that would focus solely on targeting Taliban elements intent on threatening the peace, security and stability of Afghanistan, while the current 1267 sanctions regime would direct its attention on the al Qaeda terrorist network. The Associated Press explains that the two separate lists will symbolically delink the Taliban from al Qaeda and would recognise that the two groups have very different agendas.

From now on, the Afghan government has a visible and distinct role in the process of listing and delisting.
Ambassador Peter Wittig,

Chairman of the 1267 Committee The new resolutions have further established specific criteria for delisting individuals and extended the mandate of the Office of the Ombudsperson for an additional 18 months to continue to receive requests from individuals and entities on the al Qaeda sanctions list. Moreover, the ombudsperson has been given further power to recommend removals from the sanctions lists, which can now only be overturned by a consensus vote and must be considered within a specific time period.7 The resolutions were adopted following a 15-0 vote by the Security Council, showing a marked shift in previous objections to altering the sanctions regime. A fact sheet released by the United States Mission to the United Nations explains that the new measures will allow the Security Council to custom-tailor and strengthen its response to the Taliban and al Qaeda threat and to make changes according to new developments in fighting international terrorism. When speaking about the splitting of the sanctions list in a press statement, US Permanent Representative to the United Nations Susan Rice said [t]odays action shows the Security Council can adapt flexibly to evolving threats, adding that the resolutions send a clear message to the Taliban that there is a future for those who separate from al-Qaeda, renounce violence and abide by the Afghan Constitution.

The Civil Military Fusion Centre (CFC) is an Information and Knowledge Management organisation focused on improving civil-military interaction, facilitating information sharing and enhancing situational awareness through the web portal, CimicWeb. CFC products are developed with open-source information from governmental organisations, non-governmental organisations, international organisations, academic institutions, media sources and military organisations. By design, CFC products or links to open sourced and independently produced articles do not necessarily represent the opinions, views or official positions of any other organisation.

S/RES/1989 (2011), Article 49: Confirms no matter should be left pending before the Committee for a period longer than six months, unless the Committee determines on a case-by-case basis that extraordinary circumstances require additional time for consideration, in accordance with the Committees guidelines

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Appendix Additions to and removals from the consolidated list of individuals and entities belonging to or associated with the Taliban in 2010 and 20118
Name of Individual MOHAMMAD MUSA HOTTAK ABDUL MEHDI SHAMS-US-SAFA AMINZAI WAKIL AHMAD MUTAWAKIL ABDUL HAKIM MONIB MOHAMMAD NAZAR FAZL MOHAMMAD FAIZAN QAMARUDDIN GUL AGHA ISHAKZAI NASIRUDDIN HAQQANI AMIR ABDULLAH ABDUL HAKIM MUJAHID MUHAMMAD ISLAM MOHAMMADI ABDUL SALAM ZAEEF ABDUL SAMAD KHAKSAR ABDUL SATAR PAKTIN SALEH MOHAMMAD KAKAR AGHA JAN ALIZAI JALALUDDIN SHINWARI KHALIL AHMED HAQQANI BADRUDDIN HAQQANI Current Total9
Source: The Al-Qaida and Taliban Sanctions Committee 1267 press releases

Date Amended 25 January 2010 25 January 2010 25 January 2010 25 January 2010 25 January 2010 19 July 2010 19 July 2010 19 July 2010 29 July 2010 29 July 2010 29 July 2010 29 July 2010 29 July 2010 03 November 2010 03 November 2010 17 December 2010 08 February 2011 10 May 2011

Added/Removed Removed Removed Removed Removed Removed Added Added Added Removed Removed Removed Removed Removed Added Added Removed Added Added 138

Some discrepancies exist between the numbers reported through various media sources and the names released via 1267 Sanctions Regime press releases 9 Current total according to the The 1988 List of individuals subject to the measures imposed by Paragraph 1 of Resolution 1988 (2011)

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