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United Nations Security Council Resolution 2716 – Threats to to international peace and security caused by terrorist acts (1988 Committee)

United Nations Security Council Resolution 2716 – Threats to to international peace and security caused by terrorist acts (1988 Committee)

Resolution 2716 (2023)

The Security Council,

Recalling its previous resolutions on international terrorism and the threat it poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), 2133 (2014), 2160 (2014), 2255 (2015), 2501 (2019), 2513 (2020), 2557 (2020), 2596 (2021), 2611 (2021), 2615 (2021), and 2665 (2022) and the relevant statements of its President,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, as well as its continued support for the people of Afghanistan,

Reaffirming its support for a peaceful, stable, and prosperous Afghanistan,

Reaffirming the importance of combating terrorism in Afghanistan, including those individuals and groups designated by the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and further reaffirming the demand that the territory of Afghanistan should not be used to threaten or attack any country, to plan or finance terrorist acts, or to shelter and train terrorists, and that no Afghan group or individual should support terrorists operating on the territory of any country,

Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, while acknowledging the progress made in the reduction of poppy cultivation and emphasizing the necessity to support alternative livelihoods to sustain the reduction in opium, acknowledging that illicit proceeds of drug trafficking in Afghanistan continue to be a source of financing for terrorist groups and non-state actors that threaten regional and international security, and recognizing the threats that terrorist groups and non-state actors involved in narcotics trade, and illicit exploitation of natural resources, continue to pose to the security and stability of Afghanistan,

Emphasizing its deep concern regarding the dire economic and humanitarian situation in Afghanistan, including food insecurity and liquidity challenges, recalling that women, children, and minorities have been disproportionately affected, recognizing the need to help address the substantial challenges facing Afghanistan’s economy, including through the restoration of the banking and financial systems and efforts to enable the use of assets belonging to Afghanistan’s Central Bank for the benefit of the Afghan people,

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Emphasizing the importance of strengthened efforts to provide humanitarian assistance and other activities that support basic human needs in Afghanistan, recalling its decision in resolution 2615 (2021) that humanitarian assistance and other activities that support basic human needs in Afghanistan are not a violation of paragraph 1 (a) of resolution 2255 (2015), encouraging Member States and humanitarian assistance providers to make full use of this decision and urging States when designing and applying sanctions measures to take into account the potential effect of those measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law in accordance with resolution 2462 (2019), acknowledging the important coordination role of the United Nations in regard to the provision of humanitarian assistance in Afghanistan, and emphasizing that the effective delivery of humanitarian assistance requires all actors to allow full, safe, and unhindered humanitarian access for all humanitarian personnel, including women, for United Nations agencies, international and national non-governmental organizations, and for other humanitarian actors,

Emphasizing the importance of the establishment of a truly inclusive and representative government, underlining that all parties must respect their obligations under international humanitarian law in all circumstances, including those related to the protection of civilians, reaffirming the importance of upholding human rights including those of women, children, minorities, persons in vulnerable situations, and forcibly displaced peoples, expressing its serious concern about the situation of women, girls, marginalized communities and minorities, the erosion of respect for their rights, in particular women and girls’ lack of equal access to education, economic opportunities, participation in public life, freedom of movement, justice, and basic services, the absence of which make peace, stability, and prosperity in the country unattainable, and in this regard expressing deep concern over the Taliban’s decisions to ban women from working for the United Nations and non-governmental organizations in Afghanistan as well as over persistent violence against women and girls, including sexual and gender-based violence, recognizing the need in particular to increase women’s roles in decision-making with regard to conflict prevention and resolution, emphasizing the importance of safe and secure departure for those wanting to leave, and recalling the importance of the principle of non-refoulement,

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Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to bring about sustainable and inclusive peace, stability and security in Afghanistan, and noting the importance of the sanctions review when and if appropriate, while taking into account the situation on the ground, in a manner that is consistent with the overall objective of promoting peace and stability in Afghanistan,

Recognizing the need to revise the 1988 sanctions regime when appropriate aimed at supporting peace and stability in Afghanistan and taking note of the recommendations outlined in the Analytical Support and Sanctions Monitoring Team’s (hereinafter the “Monitoring Team”) report based on views received from the Member States in this regard,

Recalling the mandate of the Monitoring Team and in that regard strongly encouraging the Monitoring Team to constructively engage and assist Member States in their efforts to implement the measures referred to in paragraph 1 of this resolution, further emphasizing the importance of travel by the Monitoring Team to Afghanistan, which remains crucial for the effective implementation of its mandate, and encouraging the Monitoring Team to visit Afghanistan and meet with relevant stakeholders,

Determining that the situation in Afghanistan continues to constitute a threat to international peace and security, and reaffirming the need to combat this threat by all means, in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, and stressing in this regard the important role of the United Nations,

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

Measures

  1. Decides that all States shall continue to take the measures required by paragraph 1 of resolution 2255 (2015) with respect to individuals and entities designated prior to the date of adoption of resolution 1988 (2011) as the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 30 of resolution 1988 (“the Committee”) in the 1988 Sanctions List (“the List”);
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2. Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1988 Analytical Support and Sanctions Monitoring Team (“Monitoring Team”), established pursuant to paragraph 7 of resolution 1526 (2004), shall continue to support the Committee for a period of twelve months from the date of expiration of the current mandate in December 2023 with the mandate set forth in the annex to this resolution, and further requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receive the necessary administrative and substantive support to effectively, safely and in a timely manner fulfil its mandate, including with regard toduty of care in high risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;

3. Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in resolution 2255 (2015) and to keep the Committee informed of such instances, as well as to facilitate, upon request by Member States, assistance on capacity-building, encourages Committee members to address issues of non-compliance and bring them to the attention of the Monitoring Team or the Committee, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;

4. Decides to actively review the implementation of the measures outlined in this resolution and to consider adjustments, as necessary, to support peace and stability in Afghanistan; and

5. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 9506th meeting, on 14 December 2023.

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