Statement by Mr Martin Gallagher at Arria Meeting on Counterterrorism and Humanitarian Action
Statement
11 August 2021Thank you Ambassador and Mr. Chair,
Thanks to Kenya for arranging today’s Arria meeting on this important subject and to the excellent briefers for their informative presentations.
Mr Chair, as we have heard today, terrorism not only contributes to the creation of humanitarian crises, but it also undermines humanitarian activity and endangers humanitarian actors.
While of course civilians suffer most in these situations, we are all too aware of the attacks, including unlawful killings, perpetrated against humanitarian workers and medical personnel.
While Council-mandated measures to counter terrorism, including sanctions, are therefore crucial to deter and address terrorist threats, they must comply with international law, including international humanitarian law, international human rights law and international refugee law.
Ireland is firmly of the view that counter-terrorism measures should not undermine principled humanitarian activity that is consistent with the principles of independence, impartiality and neutrality that allow humanitarian actors to operate safely and effectively in conflict. Counter-terrorism measures should not impede access to, or delivery of, indiscriminate responses to civilian populations.
However, as we have heard today from our briefers, those counter-terrorism measures that do not properly account for IHL and wider humanitarian concerns, are negatively affecting humanitarian actors.
We need to ensure that humanitarian concerns are, as Helen said, not an “afterthought”. Here, the Security Council has a crucial role to play, by including designation criteria sanctioning those that misappropriate, obstruct or harm humanitarian assets, activity and actors. We must also provide for appropriate exemptions in counter-terrorism and sanctions regimes that preserve the humanitarian space and allow aid to reach populations that are extremely at risk.
As a Council member, Ireland will continue to push for enhanced humanitarian safeguards within CT resolutions and sanctions regimes. For the most vulnerable, including women, youth, survivors, victims and those living in areas blighted by terrorism, Ireland affirms its continued commitment to preserving humanitarian space, through the adoption of appropriate mitigating measures.
Reena and Helen have both pointed, as have others, to the humanitarian carve-out in the Somalia sanctions regime as an example of best practice. As Chair of the Somalia sanctions committee, Ireland is aware of just how critical this exemption is to facilitating delivery of life-saving aid and protection in Somalia, including through the 2011 famine and prolonged drought of 2017.
Mr Chair,
We have found it extremely useful today to hear of recent regional and national initiatives which seek to address this issue. We welcome that briefers have highlighted the exemption contained in the EU’s Directive on Combatting Terrorism, which represents the EU’s commitment to dealing with the unintended impacts of counter-terrorism measures.
Additionally, CTED is affording greater attention to this topic and we encourage all UN counter-terrorism bodies to engage systematically with humanitarian actors.
At the national level, domestic action to mitigate the impact of CT measures on principled humanitarian action is lacking, and Council resolutions need to be operationalised through well-framed humanitarian exemptions; dialogue with humanitarian organisations; and engagement with the financial sector.
Mr Chair, allow me to conclude by underlining that humanitarians should never be criminalized for carrying out principled humanitarian action, particularly when they choose to stay and deliver in some of the most dangerous contexts to the world’s most vulnerable people.
Thank you.
1. Thank you Ambassador and Mr. Chair,
2. Thanks to Kenya for arranging today’s Arria meeting on this important subject and to the excellent briefers for their informative presentations.
3. Mr Chair, as we have heard today, terrorism not only contributes to the creation of humanitarian crises, but it also undermines humanitarian activity and endangers humanitarian actors.
4. While of course civilians suffer most in these situations, we are all too aware of the attacks, including unlawful killings, perpetrated against humanitarian workers and medical personnel.
5. While Council-mandated measures to counter terrorism, including sanctions, are therefore crucial to deter and address terrorist threats, they must comply with international law, including international humanitarian law, international human rights law and international refugee law.
6. Ireland is firmly of the view that counter-terrorism measures should not undermine principled humanitarian activity that is consistent with the principles of independence, impartiality and neutrality that allow humanitarian actors to operate safely and effectively in conflict. Counter-terrorism measures should not impede access to, or delivery of, indiscriminate responses to civilian populations.
7. However, as we have heard today from our briefers, those counter-terrorism measures that do not properly account for IHL and wider humanitarian concerns, are negatively affecting humanitarian actors.
8. We need to ensure that humanitarian concerns are, as Helen said, not an “afterthought”. Here, the Security Council has a crucial role to play, by including designation criteria sanctioning those that misappropriate, obstruct or harm humanitarian assets, activity and actors. We must also provide for appropriate exemptions in counter-terrorism and sanctions regimes that preserve the humanitarian space and allow aid to reach populations that are extremely at risk.
9. As a Council member, Ireland will continue to push for enhanced humanitarian safeguards within CT resolutions and sanctions regimes. For the most vulnerable, including women, youth, survivors, victims and those living in areas blighted by terrorism, Ireland affirms its continued commitment to preserving humanitarian space, through the adoption of appropriate mitigating measures.
10.Reena and Helen have both pointed, as have others, to the humanitarian carve-out in the Somalia sanctions regime as an example of best practice. As Chair of the Somalia sanctions committee, Ireland is aware of just how critical this exemption is to facilitating delivery of life-saving aid and protection in Somalia, including through the 2011 famine and prolonged drought of 2017.
11.Mr Chair,
12.We have found it extremely useful today to hear of recent regional and national initiatives which seek to address this issue. We welcome that briefers have highlighted the exemption contained in the EU’s Directive on Combatting Terrorism, which represents the EU’s commitment to dealing with the unintended impacts of counter-terrorism measures.
13.Additionally, CTED is affording greater attention to this topic and we encourage all UN counter-terrorism bodies to engage systematically with humanitarian actors.
14.At the national level, domestic action to mitigate the impact of CT measures on principled humanitarian action is lacking, and Council resolutions need to be operationalised through well-framed humanitarian exemptions; dialogue with humanitarian organisations; and engagement with the financial sector.
15.Mr Chair, allow me to conclude by underlining that humanitarians should never be criminalized for carrying out principled humanitarian action, particularly when they choose to stay and deliver in some of the most dangerous contexts to the world’s most vulnerable people.
16.Thank you.