Taliban - EP 1

Episode
(1)
Duration: 17-Jun-2011 to Present

On 17 June 2011, the Al-Qaida and associates sanctions regime was divided into two inter-related committees, one focused on Al-Qaida (UNSCR 1989) – which was added as Episode 4 to the original Al-Qaida and associates case – and the other focused on the Taliban (UNSCR 1988). Resolution 1988 created a new Afghanistan Sanctions Committee targeting the Taliban as a threat to peace, stability and security of Afghanistan. The original AQ Monitoring Team provides support and recommendations for both the Taliban committee as well as the 1267 Committee. However, individuals designated under the Taliban Committee do not have recourse to the Ombudsperson, only to the Focal Point, as in the case of other sanctions committees.

While the 2001 NATO and Afghan military action had some success in containing the Taliban insurgency, territorial gains were reversible, and led to renewed Council consensus that the Afghan-led reconciliation process should remain the primary objective. However, talks with the Taliban remained sporadic and attacks have continued; the November 2012 Karzai 5-step Peace Process Roadmap to 2015 was intended to encourage resumption of talks through the release of prisoners and selective removal from sanctions lists.

As the United States under the Obama administration decided to engage in negotiations with the Taliban, two parallel series of meetings were facilitated by the Germans in Munich and the Qataris in Doha. Moves to open a Taliban office in Qatar, exchanges of prisoners by the Taliban with Afghanistan, Pakistan, and of Guantanamo prisoners held by the United States appeared to advance talks, as the Taliban indicated an initial openness to power-sharing in Afghanistan.

UNSCR 2082, adopted on 17 December 2012, allowed for temporary exemptions that would make it easier for listed Taliban individuals (many of whom live outside Afghanistan) to travel to participate in peace and reconciliation talks. The Afghan government pressed for even greater flexibility to approve exemptions and allow additional time for consideration of listing/de-listing decisions in order to facilitate greater Afghan ownership of the peace process. Travel sanctions in particular was an important instrument in the incipient reconciliation process, although there were numerous reports of evasion.

While at the peak of the negotiations there were up to 12 different indirect channels of communication between the United States and the Taliban, the peace process did not advance further. In 2013, there were important setbacks: increased levels of violence against military and civilians (to levels not seen since 2010) and the Taliban’s public declaration in August 2013 that it would not participate in 2014 elections and would continue to wage war. The group made intensive efforts to disrupt the presidential elections, including assassination of candidates, as the frequency of armed attacks increased substantially in the period leading up to and immediately after the elections.

In spite of the Taliban’s efforts, the elections were relatively successful and had a higher turnout than previous ones. Following a period of uncertainty about the results, Ashraf Ghani Ahmadzai became President and Abdullah Abdullah was named Chief Executive. At the end of 2014, Afghan forces became fully responsible for security in the country as ISAF (established by UNSCR 1386 on 12 December 2001) left the country. A new, smaller non-combat NATO mission remains in place.

While there was no appreciable territorial gain (or loss) by the Taliban, according to the 2015 Monitoring Team report, the continued flow of revenue from the Taliban’s longstanding association with criminal networks, including narco-traffickers, remained a challenge to the fragile security situation in Afghanistan. The arms embargo was of limited utility, as most arms remain available to the Taliban within Afghanistan, where a violent insurgency with the presence of Foreign Terrorist Fighters (FTFs) continued to take place.

On 7 July 2015, a new round of peace-talks began with the participation of China, Pakistan and the United States, an initiative that proved to be divisive within the Taliban. Taliban leader, Mullah Omar, was declared dead by Afghanistan on 29 July 2015 after a statement supporting peace talks attributed to Omar was denounced by one of the factions within Taliban, which opposed the negotiation, by arguing that the leader had been dead since 2013. Talks were suspended after the announcement, as the new Taliban leader Mullah Mansour rejected direct negotiations with the government (but allowed the Taliban political commission in Doha to pursue negotiations “in their own capacity”).

UNSCR 2255, adopted on 22 December 2015, like 17 June 2014 UNSCR 2160, emphasized the threat posed by Improvised Explosive Devices (IEDs) to peace in Afghanistan and decided states should enhance vigilance over their nationals and individuals under their jurisdiction who engage with materials relevant to their production. It also specified that the use of proceeds derived from crimes, including the illicit cultivation, production and trafficking of narcotic drugs originating in and transiting through Afghanistan and trafficking of precursors into Afghanistan, travel of listed individuals, provision of Internet hosting or related services, and ransom payments were also subject to the sanction measures.

While peace negotiations with the Taliban made little progress, the national unity government reached an agreement with Hezb-i-Islami militant group on 18 May 2016 (signed in September), whose leader Gulbuddin Hekmatyar has been designated for sanctions (in the 1267/1989 sanctions regime) in 2003. Hekmatyar, once called the “butcher of Kabul,” was delisted on 3 February 2017.

Following the death of Taliban leader Mullah Mansour in May 2016 by a US drone strike, the group appointed Haibattulah Akhhundzada for the position. While the new leader was questioned over his capacity to lead the fractured Taliban, the group has largely kept its military capabilities and funding. The Taliban continues to have a diverse revenue stream, generated primarily from narcotics, mining, extortion, ransom payments, and external donations, with the Taliban’s involvement with the narcotics economy amounting for up to 50% of the group’s revenue. The Taliban also continues to obtain new weapons and military technology, and has remains militarily active in the country.

In 2018, the fighting season saw a significant increase in violence and assaults on provincial capitals. Although there have been strains between the two groups in the past, according to the Monitoring Team, “Al-Qaida remains closely allied with and embedded within the Taliban. The Taliban provide an umbrella group and operating space for about 20 terrorist groups broadly aligned with Al-Qaida and Taliban objectives.” In contrast, ISIL has an adversarial relationship with the Taliban, and is largely funded by the ISIL-core in Syria and Iraq. The Monitoring Team estimates that between 10,000 and 15,000 foreign terrorist fighters are part of the various groups operating in Afghanistan.

In February 2018 Ashraf Ghani, the President of Afghanistan, extended an offer of peace talks with the Taliban, suggesting the group could be recognized as a political party if it rejected the use of violence and engaged in negotiations. The Taliban has thus far remained reluctant to negotiate, although there may be internal debates on the issue. In June 2018, the Afghan government and the Taliban agreed on a cease-fire over the three-day Eid al-Fitr festival. The truce was respected and widely welcomed in the country, but a suggestion to extended it indefinitely was immediately rejected by the Taliban. Overall, according to the Monitoring Team, “the 1988 sanctions regime remains underutilized,” with no new designations or exemption requests having occurred recently.


Coerce

Coerce and/or induce elements of the Taliban to meet the reconciliation conditions agreed to by the Afghan Government and the international community (including renouncing violence, severing ties to AQ, and respecting the Afghan constitution).

Constrain

Constrain the Taliban from using military force against the Afghan government.

Signal

Signal support of the Afghan Government’s peace efforts, and to the Taliban of the potential benefits of reconciliation with the government.


Mandatory

Arms imports embargo (individual / entity), asset freeze (individual / entity), and travel ban (individual) on Taliban and associates.


New Sanctions Committee created, monitoring team in place (common to Al-Qaida and associates and Taliban). Designation criteria were specified and targets designated (current and maximum number of designees during the episode – 136 individual designees, 5 entities, currently remaining on 135 individuals and 5 entities). Enforcement authorities specified.


Coercion

Ineffective

Policy outcome

While some Taliban have sporadically joined reconciliation talks, for the most part, there is no clear progress and violence has continued, with no substantial concessions by the Taliban. Most of the group remains opposed to reconciliation, the Taliban made significant efforts to disrupt the 2014 presidential elections, and no individual was delisted for actual reconciliation in 2014. Peace talks initiated in July 2015 lasted less than a month, and no significant progress has been made since.

Sanctions contribution

Some targeted individuals have demanded de-listing as a pre-requisite to engagement in talks; emphasis by the government on the need for flexibility to remove listed individuals and increasing importance of travel for reconciliation talks indicates that sanctions have been important for some individuals, yet most of the Taliban have remained outside the peace process. Military engagement with Afghan forces (and previously ISAF) was significant to the outcome, and domestic reconciliation and other diplomatic efforts are also underway.

Constraint

Ineffective

Policy outcome

Taliban continues to control significant territory, has increased levels of violence, and has access to resources (primarily through forms of taxation/extortion). According to a 2018 Monitoring Team Report, the scale and depth of its cooperation with criminal networks have increased.

Sanctions contribution

Listings remain relevant in the management of the peace process; frozen assets are reported, but military engagement produces the greatest constraint to the Taliban, who are able to substitute outside contributions with revenue derived from the territory they control. There has been no significant limitation to the Taliban’s access to arms.

Signaling

Mixed

Policy outcome

The creation of the new sanctions committee (the 1988 Committee) revived the sanctions against the Taliban at the beginning of the episode (which had previously been secondary given the emphasis on Al-Qaida in the 1267 regime since 2001). The addition of names and of flexibility for travel exemptions differentiating among the Taliban legitimates some, but strongly stigmatizes others (particularly the Haqqani Network).

Sanctions contribution

Sanctions played an important role in the reconciliation process while it was ongoing, with listing and de-listing reinforcing bilateral and multilateral negotiations with the Taliban. The lack of active negotiations, however, has resulted in relative inactivity in the sanctions regime.


Increase in corruption and criminality, harmful effects on neighboring states, increase in international regulatory capacity in different issue domains (especially finance), resource diversion, humanitarian consequences.


17-06-2011

Substantive

  • Imposes financial asset freeze on Taliban and associates, including payment of ransom and resources used for the provision of Internet hosting or related services, and specifies exemptions for necessary basic and extraordinary expenses.
  • Imposes travel ban on Taliban and associates and specifies judicial process and reconciliation exemptions (pending Committee approval).
  • Imposes arms imports embargo on Taliban and associates (individuals and entities), including related technical advice, assistance, or training.
  • Delineates designation criteria.

Procedural

  • Separates Taliban and Al-Qaida designees into two sanctions regimes.
  • Establishes Sanctions Committee and specifies its mandate.
  • Decides that the 1267 Monitoring Team, established by UNSCR 1526, shall support the Committee (18 months) and specifies its mandate (Annex A).
  • Specifies criteria for optional additions of account payments and interests.
  • Specifies the listing procedure (detailed statement of case, publicly releasable parts, production of narrative summary, publishing relevant information on Committee website, relevant MS and Permanent Mission notification within 3 working days).
  • Specifies the delisting procedure (delisting without MS sponsorship eligible to submit their request to UNSCR 1730 Focal Point mechanism, reconciliation attestations, pre-2002 Taliban members, delisting of deceases designees, relevant MS and Permanent Mission notifications).
  • Requests regular Committee reviews of each entry on the designation list, circulating lists every 6 months.
  • Sets sanctions review (18 months).

17-12-2012

Substantive

  • Delineates designation criteria.

Procedural

  • Extends and modifies Monitoring Team mandate (30 months).
  • Specifies UNSCR 1988 peace and reconciliation exemption submission procedure (necessary information, limited travel, Committee approval, Government of Afghanistan approved travel report).
  • Modifies the listing procedure.
  • Specifies the delisting procedure (including the reconciliation conditions).
  • Requests regular Committee reviews of each entry on the designation list, circulating lists every 12 months, and specifies that no matter (except peace and reconciliation travel ban exemptions) shall be left pending before Committee for more than 6 months.
  • Sets sanctions review (18 months).

17-06-2014

Substantive

  • Confirms that travel-related funds, assets, or resources may only be provided in accordance with the travel ban exemption procedure.
  • Decides MS shall exercise vigilance regarding explosives and their components.

Procedural

  • Extends and modifies Monitoring Team mandate (30 months).
  • Modifies the listing procedure.
  • Modifies the delisting procedure.
  • Sets sanctions review (18 months).

21-12-2015

Substantive

  • Reaffirms the UNSCR 1988 asset freeze, travel ban, and arms embargo and specifies the related exemptions.
  • Specifies that the use of proceeds derived from crimes, including the illicit cultivation, production and trafficking of narcotic drugs originating in and transiting through Afghanistan and trafficking of precursors into Afghanistan, travel of listed individuals, provision of Internet hosting or related services, and ransom payment are also subject to the sanction measures.
  • Adds travel ban peace and reconciliation exemption.
  • Decides that MS shall exercise vigilance regarding explosives and related materials and components.
  • Delineates designation criteria.
  • Urges the implementation of FATF recommendations.

Procedural

  • Extends and specifies the Monitoring Team mandate (until December 2019), expanding its size and administrative and analytical support resources.
  • Reiterates the review, maintenance, listing, delisting, and exemptions procedures.
  • Sets periodic Sanctions List review (every 12 months).
  • Sets sanctions review (18 months).
  • Requests Government of Afghanistan reporting on delisted individuals and exempted travel.