Applying Sanctions: Human Rights and the Effect of Blacklisting
Blacklisting is used by the United Nations and governments to counter terrorism by naming and freezing the assets of individuals and groups accused of violating counterterrorism laws. Unfortunately, this practice has also been criticized for violating human rights and failing to provide any form of legal recourse if an individual or organization is wrongfully listed. The resulting controversy has eroded the credibility and effectiveness of UN counterterrorism sanctions and has undermined the power of a valuable tool to prevent terrorism. It has also hampered the abilities of some charities and civil society groups to provide the critical services people need to survive.
One of the most significant consequences of being blacklisted is having assets frozen, usually without notice. Civil society groups and charities have occasionally found themselves on these lists with no avenue to get their names removed (or delisted). Charities and civil society groups cannot operate with frozen assets. As a result, these organizations often end up closing their doors, and needy individuals are left unserved.
The Forum, through the Sanctions and Security Research Program, developed a project to examine the various policy reform options for the UN community to improve listing and delisting procedures and to recommend specific steps to create better procedures. The Forum research team conducted numerous interviews with member state officials, U.S. government officials, and representatives of the UN Sanctions Branch. Several international legal experts were hired to conduct research and produce reports on the legal challenges to UN policies in various regions, including the European Union and Pakistan.
A working group meeting at the Finnish mission to the United Nations in New York provided feedback that was incorporated into what became five reports, which were officially released and presented to the UN community between November 2009 and January 2010.
Although not solely responsible for the new resolution, our five reports and the discussions leading up to the reports contributed to the UN Security Council’s considerations when passing Resolution 1904 in December 2009. That resolution aimed to improve due process procedures and included one direct recommendation from the reports: the creation of an ombudsperson position to handle delisting requests. That position became active in 2010.
The international community’s problems with due process concerns and human rights violations have not been eliminated, but this represents one step in the right direction and should make the delisting procedure much clearer for the al-Qaida/Taliban Sanctions Committee and individuals or groups seeking redress. Individuals and entities who have been listed now have a clear procedure for challenging that listing.
Photo: Secretary-General Ban Ki-moon (front, left) addresses the symposium on “Enhancing the implementation of Security Council Sanctions,” organized by the Permanent Mission of Greece to the United Nations, at UN Headquarters in New York. Adamantios th. Vassailakis, Permanent Representative of Greece to the United Nations, is at right.
30 April 2007, United Nations, New York
