UN Security Council Upholds Humanitarian Aid Exemptions
The United Nations Security Council has made a significant decision regarding humanitarian aid providers operating in regions affected by terrorism. Today, the Council unanimously adopted resolution 2761 (2024), which maintains the exemption of humanitarian aid personnel from asset freeze measures linked to the Da’esh and Al-Qaida sanctions regime. This decision aims to enhance operational clarity for aid organizations while ensuring that these exemptions are not exploited by terrorist groups. The resolution underscores the importance of systematic monitoring to prevent any misuse of the humanitarian carveout.
Continuing Support for Humanitarian Operations
The unanimous adoption of resolution 2761 (2024) reinforces the provisions established in resolution 2664 (2022). This earlier resolution was a landmark move to protect humanitarian operations from the unintended consequences of UN sanctions. It has facilitated access to aid, allowed for fund transfers, and provided legal clarity for humanitarian actors and the private sector. The Council’s decision today emphasizes the need for all member states to cooperate fully with the 1267/1989/2253 Sanctions Committee and its Analytical Support and Sanctions Monitoring Team.
Switzerland’s representative highlighted the critical need for humanitarian assistance to reach populations in need, regardless of the political context or the authorities controlling the territory. The Council recognizes that over 100 million people in affected areas require urgent humanitarian aid. The representative from the United States echoed this sentiment, stating that for many, humanitarian assistance can be a matter of life and death. Hundreds of humanitarian providers currently operate in 30 countries where Da’esh and Al-Qaida are active, with ten countries facing particularly challenging conditions for aid delivery.
Addressing Concerns of Abuse and Monitoring
While the resolution aims to facilitate humanitarian aid, the Security Council remains vigilant about potential abuses. Reports have surfaced regarding non-profit organizations being used as fronts for terrorist financing. The Council has affirmed its commitment to thoroughly consider any information related to possible violations of the sanctions regime. The need for robust monitoring by the 1267 Sanctions Committee is crucial to ensure that humanitarian assistance does not inadvertently support terrorist activities.
The representative from Sierra Leone noted that the resolution strikes a balance between counter-terrorism measures and the need to protect human rights. It aims to ensure that humanitarian aid reaches those in need without being obstructed by sanctions. However, the Russian Federation’s representative raised concerns about the lack of attention to secondary unilateral restrictions, which can complicate the delivery of humanitarian assistance. She emphasized the importance of impartial and apolitical delivery of aid, urging that Council sanctions should not hinder humanitarian efforts.
Challenges of Unilateral Sanctions
The discussion also highlighted the challenges posed by unilateral sanctions imposed by individual countries. China’s delegate pointed out that these measures create significant political and legal risks for humanitarian organizations. He stressed the need for strict adherence to the resolution’s requirements to prevent terrorist organizations from exploiting the humanitarian carveout. The current status quo, he argued, is unacceptable, and there is an urgent need to end unilateral measures that inflict harm on affected countries.
The United States, as the world’s leading humanitarian donor, recognizes its responsibility to ensure that aid reaches the most vulnerable populations. The U.S. representative emphasized that humanitarian providers, donors, and banks deserve legal predictability and protection to carry out their vital work. He asserted that there has been no substantial evidence of aid diversion benefiting sanctioned actors, reinforcing the need for continued support for humanitarian operations.
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