On June 29, 2011, a United Nations (UN) expert on counterterrorism criticized two UN Security Council resolutions that separate the sanctions regimes for Taliban and al Qaeda members. In a statement, UN Special Rapporteur on human rights and counter-terrorism Martin Scheinin said the changes to the sanctions regime do not resolve fundamental deficiencies throughout the listing and de-listing process and exacerbates other human rights concerns.   Many experts believe the UN’s move lays the groundwork for de-listing members of the Taliban to participate in reconciliation efforts in Afghanistan.

“The terrorist blacklist has been subject to consistent and growing criticism, including by certain judicial bodies and the [UN] Human Rights Committee, for its human rights shortcomings. Issues of fair trial and due process, right to privacy, freedom of movement and right to property have been raised and litigated,” Scheinin said in his statement.
On June 17, the UN Security Council adopted two resolutions: a new blacklist of individuals and organizations linked to al-Qaeda (Resolution 1989) and another of those connected with Taliban (Resolution 1988) whose activities focus on Afghanistan. The separate lists make it easier to add and remove people and entities.  The Security Council also established specific criteria for having an individual or organization de-listed, which Scheinin criticized as “politically” motivated and without proper legal and human rights considerations.

 

Scheinin described the Taliban sanctions regime as a “retrogressive step” that roles back some of the improvementsmade to the listing process in Security Council Resolution 1904. “The Delisting Ombudsperson, introduced through Resolution 1904 (2009) as a dimension of independent review in relation to the consolidated Taliban and Al Qaida terrorist list, will have no role in the new Taliban sanctions regime.”

 

Martin Scheinin was appointed Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, by the former UN Commission on Human Rights in August 2005. He is Professor of Public International Law at the European University Institute (EUI) in Florence, Italy.