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Making Targeted Sanctions Effective - Small Arms Survey

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PART II: MEASURES TO STRENGTHEN THE ROLE OF THE UN | 39<br />

§ 79<br />

°<br />

Expert Panel has the appropriate mix of regional and functional<br />

expertise and that the selection process remains transparent and<br />

objective.<br />

Supplement Expert Panel and Monitoring Mechanism investigations<br />

with legal expertise to ensure their findings meet solid evidentiary<br />

standards. The UN Office of Legal Affairs might be enlisted to assist<br />

identifying relevant legal experts.<br />

Establish Common Guidelines for Expert Panels and Monitoring<br />

Mechanisms<br />

For the Security Council and <strong>Sanctions</strong> Committees<br />

° Provide the Expert Panels and Monitoring Mechanisms with standardized<br />

reference guidelines to consult as they set about their work.<br />

These guidelines should be suggestive rather than mandatory, in<br />

keeping with the principle of independence of the expert investigations.<br />

° Develop guidelines drawing on the best practices and lessons learned<br />

from the accumulated experience of existing Expert Panels and<br />

Monitoring Mechanisms, as well as relevant recommendations of the<br />

General Working Group on <strong>Sanctions</strong>, and allow flexibility for tailoring<br />

to the specific mandates of different panels.<br />

§ 80<br />

4 b. Lessons from Expert Panels<br />

In an effort to assist the Security Council in this area, this report<br />

provides a set of model guidelines for Expert Panel and Monitoring<br />

Mechanism investigations (See Box 8 below). These guidelines are<br />

the product of several consultations with past and present Expert<br />

Panel and Monitoring Mechanism members, officers of the <strong>Sanctions</strong><br />

Branch and <strong>Sanctions</strong> Committee Chairpersons. Taking account<br />

of the need to preserve the independent status of the Panels<br />

and Monitoring Mechanisms, they are meant to be illustrative rather<br />

than prescriptive. Also, in deference to the varying mandates and<br />

functions of the different Expert Panels and Monitoring Mechanisms,<br />

these guidelines should be tailored to the specific needs and<br />

purposes of each sanctions regime. They build on some lessons that<br />

have been learned and are summarized in the following paragraphs.

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