UN Security Council Presidential Statement on Illicit Cross-Border Trafficking and Movement

Susan E. Rice
U.S. Permanent Representative to the United Nations 
U.S. Mission to the United Nations 

New York, NY

April 25, 2012

Note: This is issued in the United States' capacity as President of the Security Council

The Security Council reaffirms its primary responsibility for the maintenance of international peace and security, in accordance with the Charter of the United Nations.

The Security Council acknowledges the evolving challenges and threats to international peace and security including armed conflicts, terrorism, proliferation of weapons of mass destruction and small arms and light weapons, transnational organized crime, piracy, drug and human trafficking. The Council has addressed, when appropriate, related to these challenges and threats, illicit cross-border trafficking in arms, drug trafficking, trafficking by non-state actors in nuclear, chemical and biological weapons, their means of delivery and related materials, trafficking in conflict minerals and the movement of terrorists and their funds in violation of UN sanctions regimes imposed by the Security Council in accordance with Chapter VII of the UN Charter and other decisions taken under Chapter VII, in particular resolutions 1373 (2001) and 1540 (2004) as well as its other relevant decisions (hereinafter - illicit cross-border trafficking and movement). The Council is concerned that such illicit cross-border trafficking and movement contributes to these challenges and threats. The Council recognizes that such illicit cross-border trafficking and movement often involves cross-cutting issues, many of which are considered by the General Assembly and other UN organs and bodies.

The Council notes relevant international conventions such as the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, the Convention on Psychotropic Substances of 1971, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the United Nations Convention against Transnational organized crime of 2000 and the Protocols thereto, the United Nations Convention against Corruption of 2003 and the relevant international conventions and protocols related to terrorism. The Security Council recalls the United Nations Program of Action on Small Arms and Light Weapons as well as the International Tracing Instrument and the United Nations Global Plan of Action to Combat Trafficking in Persons.

The Security Council reaffirms the benefits of transborder communication, international exchange and international migration. The Security Council notes, however, that the various challenges and threats to international peace and security posed by illicit cross-border trafficking and movement have increased as the world has become more interconnected. The Security Council notes that, in a globalized society, organized criminal groups and networks, better equipped with new information and communication technologies, are becoming more diversified and connected in their illicit operations, which in some cases may aggravate threats to international security.

The Security Council reaffirms that securing their borders is the sovereign prerogative of Member States and, in this context, reaffirms its commitment to the Purposes and Principles of the UN Charter, including the principles of sovereign equality and territorial integrity. The Security Council calls on all Member States to improve border management to effectively constrain the spread of transnational threats. The Security Council reaffirms that Member States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, and shall also give the UN every assistance in any action it takes in accordance with the UN Charter, and shall refrain from giving assistance to any State against which the UN is taking preventive or enforcement action.

The Security Council acknowledges that distinct strategies are required to address threats posed by illicit cross-border trafficking and movement. Nevertheless, the Council observes that illicit cross-border trafficking and movement are often facilitated by organized criminal groups and networks. The Council further notes that such illicit cross-border trafficking and movement, which in some cases exploits similar vulnerabilities experienced by Member States in securing their borders, can be addressed by improving Member States’ abilities to secure their borders. The Security Council further acknowledges the importance of adopting a comprehensive and balanced approach, as necessary, to tackle the conditions conducive to facilitating illicit cross-border trafficking and movement, including demand and supply factors, and underlines the importance of international cooperation in this regard.

The Security Council calls on Member States to fully comply with relevant obligations under applicable international law, including human rights and international refugee and humanitarian law, relating to securing their borders against illicit cross-border trafficking and movement, including obligations stemming from relevant resolutions of the Security Council adopted under Chapter VII of the UN Charter. The Security Council calls on all Member States to fully respect and implement all of their relevant international obligations in this regard.

The Security Council encourages Member States and relevant organizations to enhance cooperation and strategies, as appropriate, to combat such illicit cross-border trafficking and movement.

The Security Council encourages Member States, as well as international organizations and relevant regional and subregional organizations, within existing mandates, as appropriate, to enhance efforts to assist Member States to build the capacity to secure their borders against illicit cross-border trafficking and movement, upon request and by mutual agreement, in accordance with international law. The Security Council commends the substantial efforts already underway in this field.

The Security Council observes that several UN entities, including subsidiary organs of the Security Council, already offer such assistance. The Security Council acknowledges the importance of coherent, system-wide UN action, in order to offer coordinated responses to transnational threats, including through the use of best practices and exchange of positive experiences from relevant initiatives elsewhere, such as the Paris Pact Initiative.

The Security Council invites the Secretary-General to submit in six months a report providing a comprehensive survey and assessment of the UN's relevant work to help Member States counter illicit cross-border trafficking and movement, as defined in the second paragraph above.

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