United Nations Security Council Resolution 1267 – Afghanistan

Resolution 1267 (1999)

The Security Council,

Reaffirming its previous resolutions, in particular resolutions 1189 (1998)of 13 August 1998, 1193 (1998) of 28 August 1998 and 1214 (1998) of8 December 1998, and the statements of its President on the situation inAfghanistan,

Reaffirming its strong commitment to the sovereignty, independence,territorial integrity and national unity of Afghanistan, and its respect forAfghanistan’s cultural and historical heritage,

Reiterating its deep concern over the continuing violations ofinternational humanitarian law and of human rights, particularly discriminationagainst women and girls, and over the significant rise in the illicit productionof opium, and stressing that the capture by the Taliban of the Consulate-Generalof the Islamic Republic of Iran and the murder of Iranian diplomats and ajournalist in Mazar-e-Sharif constituted flagrant violations of establishedinternational law,

Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists,

Strongly condemning the continuing use of Afghan territory, especiallyareas controlled by the Taliban, for the sheltering and training of terroristsand planning of terrorist acts, and reaffirming its conviction that thesuppression of international terrorism is essential for the maintenance ofinternational peace and security,

Deploring the fact that the Taliban continues to provide safe haven toUsama bin Laden and to allow him and others associated with him to operate anetwork of terrorist training camps from Taliban-controlled territory and to useAfghanistan as a base from which to sponsor international terrorist operations,

Noting the indictment of Usama bin Laden and his associates by the UnitedStates of America for, inter alia, the 7 August 1998 bombings of the UnitedStates embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania and for conspiring to kill American nationals outside the United States, and noting also the request of the United States of America to the Taliban to surrender them fortrial (S/1999/1021),

Determining that the failure of the Taliban authorities to respond to the demands in paragraph 13 of resolution 1214 (1998) constitutes a threat tointernational peace and security,

Stressing its determination to ensure respect for its resolutions,

Acting under Chapter VII of the Charter of the United Nations,

1. Insists that the Afghan faction known as the Taliban, which also callsitself the Islamic Emirate of Afghanistan, comply promptly with its previousresolutions and in particular cease the provision of sanctuary and training forinternational terrorists and their organizations, take appropriate effectivemeasures to ensure that the territory under its control is not used forterrorist installations and camps, or for the preparation or organization ofterrorist acts against other States or their citizens, and cooperate withefforts to bring indicted terrorists to justice;

2. Demands that the Taliban turn over Usama bin Laden without furtherdelay to appropriate authorities in a country where he has been indicted, or toappropriate authorities in a country where he will be returned to such acountry, or to appropriate authorities in a country where he will be arrestedand effectively brought to justice;

3. Decides that on 14 November 1999 all States shall impose the measuresset out in paragraph 4 below, unless the Council has previously decided, on thebasis of a report of the Secretary-General, that the Taliban has fully compliedwith the obligation set out in paragraph 2 above;

4. Decides further that, in order to enforce paragraph 2 above, allStates shall:

(a) Deny permission for any aircraft to take off from or land in theirterritory if it is owned, leased or operated by or on behalf of the Taliban asdesignated by the Committee established by paragraph 6 below, unless theparticular flight has been approved in advance by the Committee on the groundsof humanitarian need, including religious obligation such as the performance ofthe Hajj;

(b) Freeze funds and other financial resources, including funds derived orgenerated from property owned or controlled directly or indirectly by theTaliban, or by any undertaking owned or controlled by the Taliban, as designatedby the Committee established by paragraph 6 below, and ensure that neither theynor any other funds or financial resources so designated are made available, bytheir nationals or by any persons within their territory, to or for the benefitof the Taliban or any undertaking owned or controlled, directly or indirectly,

by the Taliban, except as may be authorized by the Committee on a case-by-casebasis on the grounds of humanitarian need;5. Urges all States to cooperate with efforts to fulfil the demand inparagraph 2 above, and to consider further measures against Usama bin Laden andhis associates;

6. Decides to establish, in accordance with rule 28 of its provisionalrules of procedure, a Committee of the Security Council consisting of all themembers of the Council to undertake the following tasks and to report on itswork to the Council with its observations and recommendations:

(a) To seek from all States further information regarding the action takenby them with a view to effectively implementing the measures imposed byparagraph 4 above;

(b) To consider information brought to its attention by States concerningviolations of the measures imposed by paragraph 4 above and to recommendappropriate measures in response thereto;

(c) To make periodic reports to the Council on the impact, including thehumanitarian implications, of the measures imposed by paragraph 4 above;

(d) To make periodic reports to the Council on information submitted to itregarding alleged violations of the measures imposed by paragraph 4 above,identifying where possible persons or entities reported to be engaged in suchviolations;

(e) To designate the aircraft and funds or other financial resourcesreferred to in paragraph 4 above in order to facilitate the implementation ofthe measures imposed by that paragraph;

(f) To consider requests for exemptions from the measures imposed byparagraph 4 above as provided in that paragraph, and to decide on the grantingof an exemption to these measures in respect of the payment by the InternationalAir Transport Association (IATA) to the aeronautical authority of Afghanistan onbehalf of international airlines for air traffic control services;

(g) To examine the reports submitted pursuant to paragraph 9 below;

7. Calls upon all States to act strictly in accordance with theprovisions of this resolution, notwithstanding the existence of any rights orobligations conferred or imposed by any international agreement or any contractentered into or any licence or permit granted prior to the date of coming intoforce of the measures imposed by paragraph 4 above;

8. Calls upon States to bring proceedings against persons and entitieswithin their jurisdiction that violate the measures imposed by paragraph 4 aboveand to impose appropriate penalties;

9. Calls upon all States to cooperate fully with the Committeeestablished by paragraph 6 above in the fulfilment of its tasks, including supplying such information as may be required by the Committee in pursuance ofthis resolution;

10. Requests all States to report to the Committee established byparagraph 6 above within 30 days of the coming into force of the measuresimposed by paragraph 4 above on the steps they have taken with a view toeffectively implementing paragraph 4 above;

11. Requests the Secretary-General to provide all necessary assistance tothe Committee established by paragraph 6 above and to make the necessaryarrangements in the Secretariat for this purpose;

12. Requests the Committee established by paragraph 6 above to determineappropriate arrangements, on the basis of recommendations of the Secretariat,with competent international organizations, neighbouring and other States, andparties concerned with a view to improving the monitoring of the implementationof the measures imposed by paragraph 4 above;

13. Requests the Secretariat to submit for consideration by the Committeeestablished by paragraph 6 above information received from Governments andpublic sources on possible violations of the measures imposed by paragraph 4above;

14. Decides to terminate the measures imposed by paragraph 4 above oncethe Secretary-General reports to the Security Council that the Taliban hasfulfilled the obligation set out in paragraph 2 above;

15. Expresses its readiness to consider the imposition of furthermeasures, in accordance with its responsibility under the Charter of the UnitedNations, with the aim of achieving the full implementation of this resolution;

16. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 4051st meeting on 15 October 1999.