RAISING NON-COMPLIANCE WITH UNSCR 1267

UNCLAS STATE 152814

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: KTFN PREL PTER UNSC XA ER
SUBJECT: RAISING NON-COMPLIANCE WITH UNSCR 1267
OBLIGATIONS AT THE UN: HASSAN DAHIR AWEYS AND ERITREA

REF: A. 1) STATE 145621

B. 2) PARIS 004320

C. 3) JOHNSON-CROWE E-MAIL


1. This is an action request. Please see paragraphs 4 and 5.

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SUMMARY AND OBJECTIVES
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2. Sheikh Hassan Dahir Aweys was listed in November 2001
pursuant to UNSCR 1267 (al-Qaida/Taliban sanctions) and
subsequent resolutions. The 1267 sanctions regime obliges
Member States to impose a travel ban, arms embargo and asset
freeze against all listed individuals. Western media
recently reported that Aweys was present at the Somali
opposition conference in Asmara that began on September 6,

2007. The Government of the State of Eritrea (GSE) did not
apply for an exemption to the travel ban via the 1267
Committee to request permission to allow for Awey's travel to
Eritrea. It therefore appears that the GSE did not comply
with its 1267 obligations.


3. Although we had hoped the UK and France would join us in a
P-3 demarche on this subject in Asmara, we have been unable
to quickly achieve consensus on such action. Further, the
issue of non-compliance has been discussed in the last two
informal meetings of the 1267 Committee, and the topic is
also on the agenda for the next informal Committee meeting on
November 6, 2007. This next discussion of non-compliance
will examine possible cases of travel ban violations, as well
as the 1267 Monitoring Team's 7th Report, which includes a
section on apparent violations of the travel ban on Aweys by
several Member States. Therefore, we would like to raise
this most recent example of apparent non-compliance in this
context to seize the opportunity to press for Committee
action in this well-documented case, and also to help push
Committee members closer to consensus on the need to discuss
and respond more quickly and systematically to potential
instances of non-compliance.


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OBJECTIVES AND ACTION REQUEST
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4. Department requests USUN raise this issue of potential
Eritrean non-compliance under "other matters" in the November
6 informal meeting of the 1267 Committee. Department further
asks USUN to alert the Eritrean PermRep prior to the meeting
that we intend to raise this issue in Committee. Alerting
the Eritreans in advance will insure that the GSE is informed
of our unhappiness with this situation and will further serve
as an insurance policy in the event the Committee decides not
to take action in this case. USUN should also notify 1267
counterparts from the UK and French missions, and request
follow-on statements of support for our position.


5. USUN should request that either the Committee send a
letter to the GSE asking for an explanation of this apparent
violation, or the Committee Chairman should invite the
Eritrean PermRep to address the 1267 Committee on this
matter. USUN should further suggest that, with regard to
non-compliance issues more generally, one of the above two
scenarios should be pursued by the Committee as a matter of
course every time a potential case of non-compliance is
brought to its attention. USUN should ask that
non-compliance issues be discussed by Committee members on a
monthly basis to underscore the importance the Committee
places on Member State compliance with the sanction regime.
Such action should not be seen as prejudging whether a
violation has occurred, but rather should be viewed as a
chance for increased dialogue to address reasons motivating
non-compliance.

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REPORTING DEADLINE
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6. USUN should report the results of efforts by COB Friday,
November 9.

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BACKGROUND
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7. Sheikh Hassan Dahir Aweys was added to the UN 1267
Consolidated List on November 9, 2001, based upon his
connection to Al-Qaida-linked Al-Ittihad al-Islamiya (AIAI).


8. Despite the travel ban imposed under UNSC Resolution 1267
and modified in subsequent resolutions, Aweys has continued
to travel abroad. The most recent report from the 1267
Monitoring Team found that Sheikh Aweys has been allowed to
travel, in apparent violation of the travel ban, on several
occasions, including unauthorized visits to Saudi Arabia,
Libya, and Eritrea. Most recently, Western media indicated
that Aweys attended the Somali opposition conference held in
Asmara beginning on September 6, 2007.


9. Eritrea did not petition the 1267 Committee for an
exemption to permit Aweys to travel into Eritrea. By
allowing Aweys entry, it appears Eritrea acted in clear
violation of UNSCR 1267 and subsequent resolutions.

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POINT OF CONTACT
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10. Inquiries may be directed to IO/PSC (Erin Crowe,
202-736-7847).
RICE