Open Debate on "Threats to International Peace and Security Caused by Terrorist Acts"
Statement by Ambassador Ronaldo Mota Sardenberg, 
Permanent Representative of Brazil to the UN
Security Council, New York, 19 Octubre 2004

Mr. President, 

I would like to thank the Chairman of the Counterterrorism Committee (CTC), Ambassador Andrey Denisov, for his comprehensive presentation about the work of the Committee. As a member of the Bureau, I wish to associate myself with his words. This will help me to shorten my comments.

I also express appreciation to the Counterterrorism Executive Director, Ambassador Javier Ruperez, for his statement. 

Mr. President, 

Brazil participated in the consensus regarding the adoption of Resolution 1566 (2004) in view of our firm commitment to counter terrorism in all its forms and manifestations. This guiding principle of Brazilian foreign policy is, since 1988, a Constitutional provision. 

As we see it, no cause may justify attacks against innocent people, and wish to reiterate our deepest sympathies to the families of the victims of terrorist attacks. 

Mr. President, 

In our view, one of the most relevant tasks of the United Nations consists of fostering a coordinated response from the international community to terrorism. In that context, CTC and CTED most important roles are to persuade countries that it is in their own interest to take advantage of the various sources of cooperation made available to help them prepare to counter terrorism. 

It is also CTC and CTED’s obligation not only to facilitate the actual offering of cooperation, but also to make sure that the assistance provided by third parties to the countries through CTC is fully satisfactory. 

In our view, CTC and CTED are structures designed mainly to shelter states willing to cooperate but that are, by various reasons, unable to do so. CTC (and by extension, CTED) is not to be likened to a sanctions committee. Therefore, we would not only welcome but also strongly recommend that all UN members examine the possibility of approaching CTC and CTED in order to discuss possibilities and modalities to increase cooperation. 

Mr. President, 

I wish to reiterate our view that the current practice of the Council is one of excessive resort to the use of Chapter VII. In our view, by limiting the recourse to Chapter VII provisions to situations in which they are clearly called for, the members of the Council would be strengthening their commitment to both the spirit and the letter of the Charter. 

The fact that the entire operative part of the Resolution 1566 (2004) remains under Chapter VII suggests that not enough emphasis was given to the possibilities open by international cooperative action. Such tendency is, in our opinion, both unnecessary and counterproductive, since the potential of cooperation of CTC and CTED are still quite under-utilized. 

It is a matter of specific concern that the appeal to Member States to negotiate the terms of international conventions is made under Chapter VII. During the negotiations, this point was raised by other Delegations, as well. In our view no constraints should be imposed on states’ freedom to negotiate. 

Mr. President, 

I would like to make brief comments on the following specific issues: 

Defining terrorism falls under the functions and powers of the General Assembly, as foreseen in the UN Charter. In our view Resolution 1566 (2004) reflects a compromise language that contains a clear, important political message but it is not an attempt to define the concept of terrorism. 

Brazil supports the establishment of an intergovernmental working group to consider possible measures regarding individuals, groups or entities involved in or associated with terrorist activities not encompassed by Resolution 1267 (1999), concerning Al Qaida and Taliban, as foreseen in Resolution 1566 (2004). 

In the absence of a common view on terrorism, the development of a consolidated list of individuals and organizations classified as terrorists could lead to a ‘politicisation’ of the body and of the whole international campaign against terrorism. 

We welcome all efforts to bring about transparency to the work of CTC and, specially, to the activities of the working group. The monthly briefings of the Presidency of the CTC will constitute a most welcomed opportunity for the UN member states to follow this process. The work of the Working Group is to be carried out within the framework foreseen in Resolutions 1373 (2001), 1535 (2004) and 1566 (2004). It is also our understanding that the need to observe the provisions of international law and due process should be taken into account during that process. Finally, as regards a fund to compensate victims of terrorism, if such a found is to be created, we would prefer that its resources, based on voluntary contributions, be directed to victims in developing countries. In addition, it must be pointed out that expropriation of assets also must be subject to the rule of law and due process.

Thank you