Innovations

 

Sanctions Monitoring Experts

Consultations with current and former UN sanctions monitoring experts and coordinators

 

Following the first experts’ consultations on April 11, 2019, with New York based experts at the Permanent Mission of Germany to the UN, co-hosted by the Permanent Missions of Belgium and Canada, we are now requesting the views and comments of former and current UN sanctions monitoring experts with experience of varied UN sanctions regimes around the world.

Despite the 20-year history of UN sanctions monitoring expert panels, until the launch of the preliminary version of the Best Practices Guide for Chairs and Members of UN Sanctions Committees, no harmonized guidance existed for sanctions committees or expert panels

The consultative process is facilitated by a Briefing Paper for experts and coordinators that summarizes all existing implementation practices and frequently raised requirements for further enhancements. To respond to the rising importance of due process and to the complexities of the gender-related aspects of UN sanctions procedures, we have also compiled a Due Process Briefing and a Sanctions/Gender Report.

We recommend that you consult these three documents in considering your comments and contributions. You may also wish to group your considerations in the following three broad categories:

# 1 Purpose and structure of experts groups and challenges encountered, individually and as a group (see pages 6-7); Enhancing collaboration with committees, the Secretariat, field missions, and other interlocutors (pages 8-10, and 17-18); managing gender-related tensions internally and externally with specific institutional improvements (see Gender/Sanctions Report).

Specifically, expert groups are often unaware of the budgetary provisions for their administrative and logistics support or the allocation of political affairs officers, and interpreters, or planned staff movements. Should coordinators have a voice in the allocation of financial and administrative resources and would the resulting transparency enable experts to (i) find way for more interactions with sanctions committee members; (ii) facilitate handovers between former and new experts; or (iii) open needed flexibility for experts that go through pregnancy or have parenting obligations?

# 2 Developing and agreeing on reporting standards and methodology (see pages 10-11) while maximizing the application of due process opportunities that arise during the 9 sanctions implementation steps (see Due Process Briefing).

Specifically, do experts agree that the development of an appropriate methodology and reporting standards (evidentiary) is the first and most critical task at the beginning of each mandate, and that the correct application of these working principles is a decisive performance indicator for all experts? What else should be considered to enhance data integrity and SCAD’s role in ensuring that all collected data will be archived and available upon experts’ requests?

# 3 Training of experts, performance evaluation and conditions of employment; practical implications of experts’ independence; physical security and operational integrity; harmonizing frequently used sanctions definitions and terms.

Specifically, how should the training of experts, including enhancing their gender-competence and respect for due process, be administered independent of any national or administrative prerogatives? Who is justifiably supposed to do expert’s performance evaluations? In light of the arrest of a member of the Libya Panel, and the tragic death of two members of the DRC Group of Experts in 2017, should Security Council resolutions mandating the work of expert panels include a decision that all states must respect their immunity on penalty of sanctions?

Please also comment and provide suggestions for the evolving Glossary of frequently UN sanctions terms.

Your input to these issues or any other aspect that you may believe deserves inclusion in the Best Practices Guides is much appreciated. We welcome your written comments, or if you prefer, CCSIproject managers Enrico Carisch and Loraine Rickard-Martin are available to speak with you by phone or in person if you are located in New York City. Feel free to contact them directly at rico.carisch@comcapint.com or Loraine.Rickard-Martin@comcapint.com