With India in its eighth two-year tenure as an elected-member of the United Nations Security Council (UNSC), following is the twelfth analysis in the ICWA series of ‘India in the UN Security: Monthly Recap’ by Ambassador Asoke Kumar Mukerji, Former Permanent Representative of India to the United Nations
During Niger’s UNSC Presidency in December 2021, it held a signature event on “Maintenance of International Peace and Security in the face of terrorism and climate change”. Three thematic briefings were organized, viz. (i) the International Residual Mechanism for Criminal Tribunals (ii) non-proliferation; and (iii) migration. 10 UN Security Council Resolutions (UNSCR) were adopted during the month, which are discussed in the following paragraphs. 5 Press Statements were issued during December. These were on the killing of 30 civilians by terrorists in Mali (6 December); terrorist acts in Iraq (8 December); terrorist attacks on MINUSMA peacekeepers in Mali (8 December); and two on Myanmar (8 & 29 December). The UNSC did not adopt any Presidential Statements during December. India participated actively in all these activities.
Asia
Afghanistan: On 17 December the UNSC unanimously adopted resolution 2611 to extend for 12 months the mandate of the Taliban Sanctions Monitoring Team.
The United States tabled a unanimous UNSC resolution 2615 on 22 December. This provided for an exemption to the sanctions regime established by UNSC resolution 1988 (2011) on the Taliban to enable the provision of humanitarian aid to Afghanistan. According to the United States, the resolution decided to exempt humanitarian assistance and asset freezing against listed members of the Taliban solely for the provision of such assistance. The exemption extended to activities that supported basic humanitarian needs. Eight UNSC members spoke at the meeting to explain why they supported the resolution (the United States, UK, Russia, China, France, Ireland, Estonia and India).
India supported the call of the international community that access to humanitarian assistance for Afghanistan should be direct and without any hindrance. Humanitarian assistance should be based on the principles of neutrality, impartiality, and independence. Disbursement of the aid should be non-discriminatory and accessible to all, irrespective of ethnicity, religion or political belief. In particular, the assistance should reach the most vulnerable first – including women, children and minorities. At the same time, the Council should equally exercise its oversight on the delivery of assistance as well as guard against any possible diversion of funds. This was essential since any diversion or misuse could be counter-productive. In this regard, India welcomed the provision in the resolution for a review of the implementation of the exemption for humanitarian assistance after one year.
Myanmar: In the two unanimous UNSC Press Statements on Myanmar in December, India and other Council members expressed deep concern at the sentencing of State Counsellor Aung San Suu Kyi and President Win Myint and others. Recalling previous statements, the UNSC reiterated calls for the release of all those who had been arbitrarily detained since 1 February 2021, and stressed its continued support for the democratic transition in Myanmar. It underlined the need to uphold democratic institutions and processes; refrain from violence; pursue constructive dialogue and reconciliation in accordance with the will and interests of the people of Myanmar; fully respect human rights and fundamental freedoms; and uphold the rule of law. The Council reiterated its strong commitment to the sovereignty, political independence, territorial integrity and unity of Myanmar. The UNSC condemned the reported killing of at least 35 people, including four children and two staff of Save the Children, in Kayah State of Myanmar on 24 December. The Council stressed the need to ensure accountability for this act.
Iraq: The UNSC was briefed on 2 December by Christian Ritscher, Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD). He told the Council that “we can envision a new landscape in which those who believed themselves to be out of reach of justice are held accountable in a court of law”. He provided details of ISIL’s operations, including its attack on the Badush Central Prison in June 2014, in which a thousand largely Shia prisoners were systematically executed; the inner workings of its treasury, Bayt-al Mal or “House of Money”; and the development of its chemical weapons programmes, which affected as many as 3,000 victims identified to date. The United States commended the report. China took note of the report, while emphasizing that UNITAD was not a permanent body.
India pointed out that the victims of ISIL’s horrific crimes in Iraq also include 39 Indian nationals. ISIL had deliberately and indiscriminately targeted innocent civilians, including women and children. India’s statement implicitly drew lessons from UNITAD for Afghanistan, by highlighting that accountability for ISIL’s crimes, including those against minority communities in Iraq, was critical for achieving smooth reconciliation and sustained peace in Iraq. India emphasized that close partnership and cooperation between the Iraqi authorities and UNITAD was central to the effective delivery of UNITAD’s mandate.
On 17 December the UNSC unanimously adopted resolution 2610 extending the mandates of the Ombudsperson and the Monitoring Team for its related sanctions regime in Iraq for two and a half years.
Syria: On 8 December Under-Secretary-General and High Representative for Disarmament Affairs Izumi Nakamitsu briefed the UNSC on allegations of the use of chemical weapons in Syria. She reported that Syria had submitted 17 amendments and several supplements to its initial declaration. 20 of the 24 outstanding issues raised by the OPCW remained unresolved. Russia questioned the impartial role of the OPCW after Syria was suspended from the body in a “blow to the non-proliferation regime”. The United States supported the demands made by the OPCW of Syria to provide all technical information to complete its investigation. China welcomed Syria’s willingness reflected in the report to conduct technical consultations and resolve the issues in the initial declaration.
India urged both OPCW and Syria to work constructively to resolve relevant issues expeditiously, adding that Syria’s chemical weapons file needed to be dealt in an objective manner.
On 20 December Geir O. Pedersen, Special Envoy of the UN Secretary‑General for Syria, briefed the Council via video teleconference. He said 2021 was “a year of deepening suffering of the Syrian people”, marked by violence against civilians and systematic human rights abuses, as well as escalating hunger and poverty and an imploding economy. His bilateral consultations with key stakeholders had conveyed a picture of “mistrust on all sides”. He proposed to engage through a wider political process in the new year. Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, said cross-line humanitarian aid efforts were succeeding in reaching 1 million people every month in north-eastern Syria, but not about 3.4 million people in need in north-west Syria. UNSC members supported the ongoing UN humanitarian relief through cross-line convoys, but there were divergences regarding expanding cross-border routes. Russia supported a settlement process led by the Syrians themselves and supported by the United Nations, without external interference or the imposition of artificial deadlines. The United States called for a nationwide ceasefire and urged the Assad regime “to pursue all avenues to peace, including through the Constitutional Committee”. China said the issue of Syria’s sovereignty needed to be comprehensively addressed, unilateral sanctions had brought immeasurable harm to the country, and UN member-states should take actions to mitigate their impact including in the fight against terrorism.
India said that imposing external solutions could not help in the resolution of the conflict. India was committed to a Syrian-led and Syrian-owned UN-facilitated political process in line with UN Security Council Resolution 2254. The support of the international community to address the economic and humanitarian challenges remained integral to the success of the political process. UN designated terrorist groups continued to gain in strength in Syria. The global fight against terrorism should not be compromised for narrow political gains.
On 21 December the UNSC unanimously adopted resolution 2613 extending the mandate of the UNDOF peacekeeping operation hosted by Syria by six months. The Council called on all groups other than UNDOF to abandon all UNDOF positions and return the peacekeepers’ vehicles, weapons and other equipment, and stressed the obligation on Israel and Syria to scrupulously and fully respect the terms of the 1974 Disengagement of Forces Agreement, while exercising maximum restraint and preventing any breaches of the ceasefire and the area of separation.
Yemen: At a 14 December UNSC briefing, the UN Secretary‑General’s Special Envoy for Yemen Hans Grundberg provided a grim picture on escalating violence, shifting front lines and widespread hunger, displacement and desperation among civilians. The United States blamed the Houthis for fomenting instability. Russia said that without a review of a political settlement, the UN Special Envoy’s mediation attempts would remain unsuccessful. China hoped that the Special Envoy would rapidly develop an actionable roadmap.
India said that the changed political-security situation around Hudaydah port city required all parties on the ground to coordinate their deployments with United Nations Mission to support the Hudaydah Agreement (UNMHA). India condemned cross-border attacks on Saudi Arabia. India supported the UN Humanitarian Coordinator’s call for concrete short-term and long-term measures to help improve the economic situation in Yemen within an economic framework. India felt that measures such as regular payment of salaries of government employees, removing restrictions on essential commodities and humanitarian goods, and foreign exchange injections through the Central Bank, would show results.
Middle East Peace Process: Tor Wennesland, Special Coordinator for the Middle East Peace Process, briefed the UNSC on 21 December that the rising levels of violence seen in recent weeks “should be a clear warning to us all”. Ongoing unilateral steps — such as Israeli settlements advancement and demolition activities of Palestinian homes — were undermining the institutional stability of the Palestinian Authority. At the same time, he pointed to the positive development of recent local council elections in West Bank communities, in which over 25 per cent of candidates were women. His concern was endorsed by the P5.
India recalled that Resolution 2334 and called upon parties to prevent all acts of violence against civilians, stressed that all settlement activities must cease, and underscored the need to exert collective efforts to launch credible negotiations on all final status issues. The progressive easing of restrictions in the Gaza Strip for commodities and construction materials and increasing work permits for Palestinians in the West Bank and the Gaza were positive developments. Recalling the Madrid Peace Conference 30 years ago, India supported direct talks between Israel and Palestine to overcome the present impasse and achieve a two-State solution.
Africa
Somalia: The UNSC unanimously adopted resolution 2608 on 3 December extending its mandate authorizing States and regional organizations to cooperate with Somalia to combat piracy off its coast by three more months. This was criticized by the EU members of the UNSC (France, Estonia, and Ireland) for the pressure the decision would put on the EU’s Operation Atalanta operating under this mandate, without a decision on reconfiguring the AMISOM mission. The UNSC noted that joint counter-piracy efforts had resulted in a steady decline in pirate attacks and hijackings since 2011, as well as no successful ship hijackings for ransom since March 2017.
On 21 December, the UNSC unanimously adopted resolution 2614 extending the mandate of the African Union peacekeeping mission in Somalia (AMISOM) by three months. The United States, UK, and France called on Somalia and the African Union to agree during these three months on the size and financing of the reconfigured AMISOM so it could respond to the Al-Shabaab terrorist threat, and work on building capacity so Somali forces could take over the security responsibilities.
Democratic Republic of Congo (DRC): The UNSC was briefed on 6 December by Bintou Keita, Special Representative of the Secretary-General and Head of the United Nations Organization Stabilization Mission in the DRC (MONUSCO), on steps needed to set up operational cooperation mechanisms to enable MONUSCO to continue its support for Armed Forces of the DRC (FARDC) in protecting civilians and neutralizing armed groups in light of the forthcoming elections in 2023. This included issues linked to the drawdown of MONUSCO. France said the implementation of the Government’s programme of action for 2021-2023 would be essential, and called for credible, transparent, inclusive and peaceful elections in 2023. The United States said that the situation in North and South Kivu remained dire, and it would closely watch the recently announced joint military operations with Uganda. China hoped that MONUSCO would maintain its cooperation with the Government to continue to protect civilians.
India said that the situation on the ground should guide the eventual drawdown, while ensuring that gains made in the violence-prone provinces were rooted firmly to avoid any reversal. The stabilization of conflict affected provinces depended on curbing illegal exploitation of mineral resources. Strengthening of state authority, security organs and justice institutions remained paramount. The transition and eventual exit of MONUSCO must be gradual, responsible, and orderly.
On 20 December, the UNSC unanimously adopted resolution 2612 extending the mandate of MONUSCO, alongside its Force Intervention Brigade, until 20 December 2022. It welcomed President Felix Tshisekedi’s efforts in the political and human rights arenas and demanded that all armed groups immediately cease all forms of violence and other destabilizing activities. The Council decided that MONUSCO’s strategic priorities were to contribute to protecting civilians, and supporting the stabilization and strengthening of State institutions, along with key governance and security reforms, in the DRC.
Abyei: On 15 December the UNSC unanimously adopted resolution 2609 extending the United Nations Interim Security Force for Abyei (UNISFA) mandate until 15 May 2022. It urged the Governments of Sudan and of South Sudan to take all necessary steps to ensure the area is effectively demilitarized. The representative of South Sudan, welcoming the resolution’s adoption, said his country appreciated UNISFA’s presence and role in the region. In terms of renewed concerns on the final status of Abyei, he pledged South Sudan’s commitment to peaceful actions to reach that point, including a free and fair referendum on the issue.
South Sudan: On 15 December, Nicholas Haysom, the Secretary‑General’s Special Representative for South Sudan and Head of the United Nations Mission in South Sudan (UNMISS), reported to the UNSC on South Sudan. He highlighted several positive developments in the implementation of the Revitalized Peace Agreement. He said that UNMISS was using flexible deployment of temporary operating bases for rapid humanitarian assistance, stabilization and security for returning displaced persons. Many Council members expressed concern over slow implementation of the Revitalized Peace Agreement, stating that this inertia had resulted in an increase in subnational violence that further frustrated efforts to address the dire humanitarian situation. The issue of the impact of targeted sanctions imposed by the UNSC was debated, with Russia, Kenya, Niger, Tunisia, and St Vincent & The Grenadines calling for a review of these sanctions, while the United States, UK, and France wanted the sanctions regime to continue without review.
India said South Sudan had clearly made positive progress in the last few years. This was evident also from increased economic activity in Juba. Although the ceasefire continued to hold, persisting violence underlined the importance of an early establishment of the Unified Command of the military and the graduation of the Necessary Unified Forces, which was a critical aspect of the Revitalized Peace Agreement.
Central Africa: François Louncény Fall, Head of the United Nations Regional Office for Central Africa (UNOCA), briefed the Security Council on the situation in the region and the activities of UNOCA on 15 December. He said that crucial elections pending in 2022 and 2023 — including in Angola, Chad, the Congo, DRC, Equatorial Guinea, Gabon and São Tomé and Príncipe—required the UNSC to ensure a supportive peaceful environment in the region. A special concern was terrorist activity by Boko Haram in the Lake Chad Basin, and organized maritime crime in the Gulf of Guinea. Several UNSC members endorsed his assessment.
India said that overall electoral democracy was gradually and firmly taking its roots in the region. This was evident from the successful conduct of presidential elections in Sao Tome & Principe recently, and progress made in the recent months in the Central African Republic. Sharing the assessment of the larger threat to peace and stability in the region, India said inclusivity in governance and decision making is the cornerstone of democracy, with dialogue and reconciliation as key ingredients. There was need for increased surveillance for maritime security in the Gulf of Guinea.
Thematic Issues
Counter Terrorism: The UNSC received a joint briefing on 2 December by the Chairs of the 1267/1373/1540 counter terrorism Committees. The Chairs stressed the importance of cooperation among the three bodies to mount a united front against terrorism. The most striking development of the period under review was the emergence of Africa as the region most affected by terrorism committed by Al Qaida. The United States said that the 1540 committee must take steps to respond to rapid advances in science, which could be deployed by non-State actors for weapons of mass destruction-related purposes. Russia expressed concern about ISIL/Da’esh’s wing in Afghanistan, warning that it remained a key factor in the destabilization of that country, as well as a threat to Central Asia.
India said that despite the Council’s efforts, the threat of terrorism continued unabated. The perpetrators of the Mumbai terrorist attacks continued to be at large and enjoyed state hospitality. India condemned the mounting incidents of terrorist attacks in Afghanistan. The reports by the Chairs of the three Sanctions Committees highlighted the misuse of new and emerging technologies including social media and cryptocurrencies by terrorist groups for propaganda, recruitment and raising and transferring funds. India urged the international community to hold accountable Member States that are clearly guilty of not just double speak, but also of aiding and supporting terrorism.
On 30 December the UNSC unanimously adopted by video-conference resolution 2617 to renew the mandate of the Counter-Terrorism Committee Executive Directorate (CTED), the expert body supporting the United Nations counter-terrorism architecture until 31 December 2025, with an interim review slated to be conducted in December 2023.
India, which was nominated to Chair the UNSC’s Counter Terrorism Committee (CTC) in 2022, welcomed the adoption of the resolution. Recalling External Affairs Minister Dr S Jaishankar’s 8-point proposal to counter terrorism made in the UNSC in January 2021, India said it would make determined efforts to further enhance the role of CTC in strengthening the multilateral response to counter terrorism, and more importantly, ensuring that global response to the threat of terrorism remains unambiguous, undivided and effective. India welcomed the UNSC’s increasing cooperation with the Financial Action Task Force, and underscored the need for a whole-of-society approach to assist national governments in addressing the threats posed by use of new technologies like Internet and social media for disseminating propaganda, organizing and recruitment by the terrorist groups, new methods of financing such as cryptocurrencies, use of drones in cross-border trafficking of drugs, arms, and even for launching complex terrorist attacks on neighboring countries.
Criminal Tribunals: At the half-yearly UNSC debate on the Progress Report of the International Residual Mechanism for Criminal Tribunals (IRMCT) on 13 December, Carmel Agius, President of the IRMCT — the judicial body that took over the remaining work of the two dedicated tribunals for war crimes committed in Rwanda and the former Yugoslavia — briefed the UNSC. He said the Mechanism had delivered judgments on three cases on schedule, diminishing its active caseload and demonstrating its intention to complete its functions efficiently and effectively. The United States supported the work of the Mechanism, while Russia noted the Mechanism’s “financial appetite”, with more than $90 million spent on it in 2021 despite only one case being heard at trial at present.
India reiterated its support for the Mechanism’s contribution to preservation of the legacy of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, affirming it was the Council’s collective responsibility to seek justice for victims.
Terrorism and Climate Change: Niger’s President Mohamed Bazoum presided over the UNSC High-Level Open Debate on “Terrorism and Climate Change” on 9 December. He said that Niger chose the debate’s topic to have the Council establish the obvious nexus between peace and security on the one hand and the fight against terrorism and the effects of climate change on the other. The Sahel and Lake Chad regions illustrated the interplay between climate change effects and peace and security, with climate change pushing populations into a fierce competition for scarce resources. He felt the Council should adopt the draft resolution proposed by Niger and Ireland that would strengthen its understanding of the impact of climate change on peace and security. A number of speakers challenged the call to link the issues of climate change and terrorism, as well as the notion that the Security Council was the appropriate forum for such discussions.
India said that climate change was one of the defining challenges of our time. Over the last several decades, member states had engaged purposefully in a focused manner to put in place commitments relating to mitigation, adaptation, financing, technology transfer, etc. so that climate change could be addressed holistically. This had been done by the UNFCCC-led process with annual COP meetings. The measures to tackle climate change had been built on an integrated structure that was equitable to all parties, especially developing countries. India did not think it appropriate to draw a separate link between security and climate change especially when all aspects of climate change were already being dealt with, holistically, under the mandate of the UNFCCC. Any action in the Security Council, ignoring basic principles and provisions relating to climate change, had the potential to disrupt the nature of the overall discussion on this important topic. India cautioned that to move the climate change discourse from a consensus driven UNFCC template to a possibly divisive UNSC process would not be advisable.
The proposed resolution co-sponsored by Niger and Ireland was put to vote on 13 December. 12 members of the Council voted to adopt the resolution. China abstained. India voted against the resolution for the reasons given in the Open Debate. Russia voted against the resolution, casting a veto on its adoption.
Illicit Weapons Flows: On 22 December the UNSC adopted resolution 2616 to consider during mandate renewals the role peace operations could play in helping States to stem the flow of illicit weapons, in line with related arms embargoes. Niger as President of the UNSC said the resolution considered, on a case-by-case basis, peacekeeping mission mandates and arms embargoes. 12 members of the UNSC voted to adopt the resolution, while China, India and Russia abstained.
India explained its abstention by recalling that this issue had been discussed in an Open Debate of the UNSC on 22 November organized by Mexico. The resolution, in India’s view, required extensive consultations with all Troop and Police Contributing countries, and within the UNGA’s C-34 (Special Committee on Peacekeeping Operations), which for some reason was not initiated. India had strongly supported the need to address the threat of arms trafficking and their transfer to terrorist groups and the linkages between arms trafficking and terrorism. India had highlighted the threat posed by illicit flow of arms to the safety and security of peacekeepers and called for effective implementation of Council-mandated arms embargoes by the member states. India’s considered view was that UN peacekeeping operations should not be used as a means to implement the arms embargo.
Migration: On 7 December Filippo Grandi, United Nations High Commissioner for Refugees, briefed the UNSC that strengthened multilateral action was needed to tackle the complex issues prompting migratory flows. 90 per cent of the world’s 84 million displaced are in developing countries. Humanitarian actors are obliged to deal with “de facto” authorities who are not recognized, in a situation further complicated by political difficulties and sanctions. This protracted and aggravated humanitarian needs, he said, pointing to Myanmar, Yemen, Libya, Ethiopia and “most starkly”, Afghanistan, where more than 23 million people faced extreme levels of hunger, as examples. He clarified that humanitarian agencies cannot replace the role of States and are not a replacement for political solutions.
India said that States cannot follow policies which exacerbate conflicts on the one hand and then refuse to tackle refugee influx on the other. The principles of humanity, impartiality, and neutrality must be upheld in dealing with refugee matters, avoiding the politicization of humanitarian work.
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