This is the UN Secretary General proposal to the Security Council to establish a U.N. observer mission for Syria. It was sent to the Council on Wednesday, April 18, 2012.
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| Ban and his wife Yoo Soon-taek are saluted by Belgian honour
guards as they leave Brussels on 16 April 2012. (Click on picture)
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"President of the Security Council presents her
compliments to the members of the Council and has the honour to transmit
herewith, for their information, an advance authorized copy of a letter
dated 18 April 2012 from the Secretary-General addressed to the President
of the Security Council, and its enclosure.
The signed copy will be distributed on the morning
of 19 April 2012.
This letter will be issued as a document of the
Security Council under the symbol S/2012/238.
18 April 2012
Excellency,
1. Further to operative paragraph 5 of Security
Council resolution 2042 (2012), and to the briefing of the Joint Special Envoy
of the United Nations and the League of Arab States, Kofi Annan, to the
Security Council on 12 April 2012, I wish to outline a proposal for a United
Nations supervision mission in Syria (UNSMIS) for an initial period of three
months. I recommend that the Council authorize such a mission, with the
understanding that I will consider relevant developments on the ground,
including the consolidation of the cessation of the violence, to decide on
deployments.
Background
2. The protracted crisis in Syria over the past 13
months has seen many thousands killed, injured, detained or displaced. The
violence has been characterized by use of heavy weapons in civilian areas and
widespread violations of human rights, while aspirations for political change
in the country have not been met. I remain deeply concerned about the gravity
of the situation in the country. However, without under-estimating the serious
challenges ahead, an opportunity for progress may now exist, on which we need
to build.
3. On 25 March 2012, the Syrian Government
committed to an initial six- point plan proposed by the Joint Special Envoy,
which has the full support of the Security Council. This plan includes
provisions for immediate steps by the Syrian Government, and a cessation of
armed violence in all its forms by all parties to protect civilians and
stabilize the country. To this end, it requires the Syrian government
immediately to cease troop movements towards, and end the use of heavy weapons
in, population centres and to begin pullback of military concentrations in and
around population centres.
It also requires a range of other steps by the
Syrian Government to alleviate the crisis, including humanitarian access,
access to and release of detainees, access and freedom of movement for
journalists, and freedom of association and the right to demonstrate
peacefully. The plan embodies the need for an inclusive Syrian-led political
process to address the legitimate aspirations and concerns of the Syrian
people.
4. On 11 April 2012, the Syrian Government stated
it would cease all military operations throughout the entire country, and
similar commitments were obtained from the armed opposition. Accordingly, for
the first time in over one year, a cessation of violence was declared and went
into effect across Syria at 0600 hours on 12 April 2012. This was an important
step by all parties in de-escalating the situation. It now must be effectively
sustained.
5. The engagement of many states with influence on
the parties was and remains critical to furthering this process. The Security Council
has spoken with one voice through its presidential statements of 3 August, 21
March and 5 April and resolution 2042 of 14 April. The Council’s continued
unity is also of critical importance in seeking a pacific settlement of the
crisis.
Developments since 12 April
6. Given the lack of presence on the ground other
than the first members of the Advance Team who arrived three days ago, it
remains a challenge to assess accurately unconfirmed and conflicting reports of
developments in Syria. Nevertheless, it appears that levels of violence dropped
markedly on 12 April and the following days, with a concomitant decrease in
reports of casualties. However, the Syrian Government has yet to fully
implement its initial obligations regarding the actions and deployments of its
troops and heavy weapons, or to return them to barracks. Violent incidents and
reports of casualties have escalated again in recent days, with reports of
shelling of civilian areas and abuses by government forces. The Government
reports violent actions by armed groups. The cessation of armed violence in all
its forms is therefore clearly incomplete. At the same time, in accordance with
their acceptance of the six-point plan, the parties have continued to express
their commitment to a cessation of armed violence in all its forms and have
agreed to cooperate with a United Nations supervision mechanism to observe and
strengthen both sides commitment to a cessation.
7. The advance team of up to 30 unarmed
military observers authorized by the Security Council in paragraph 7 of
resolution 2042 (2012) began to deploy on 16 April 2012. It has commenced
liaison with the parties and is beginning to report on the cessation of armed
violence in all its forms by all parties. This team is led by a Colonel and
will be swiftly augmented by the necessary mission support personnel, including
ordnance experts and United Nations security officers.
8. The team visited Deraa on 17 April
2012. During its two to three hour presence in the city, it enjoyed freedom of
movement. It observed no armed violence or heavy weapons in the city. It
observed no major military concentrations, but several points were occupied at
section level, and buses and trucks with soldiers were dispersed throughout the
city. The team visited Jobar, Zamalka and Arbeen in Rif Damascus today. It
reported military presence at checkpoints and around some public squares and
buildings in all three locations. In Arbeen, one armoured personnel carrier was
hidden, covered by a plastic sheet. The situation in Arbeen became tense when a
crowd that was part of an opposition demonstration forced United Nations
vehicles to a checkpoint. Subsequently, the crowd was dispersed by firing
projectiles. Those responsible for the firing could not be ascertained by the United
Nations Military Observers. No injuries were observed by the United Nations
advance team. One United Nations vehicle was damaged slightly during the
incident. The team expects to visit Rif Daraa tomorrow. The team’s initial
request to visit Homs was not granted, with officials claiming security
concerns.
9. Action on other aspects of the
six-point plan remains partial, and, while difficult to assess, it does not
amount yet to the clear signal expected from the Syrian authorities. Regarding
the right to protest peacefully, numerous demonstrations were organized on 13
April after Friday prayers, one day after the date of the cessation of
violence. Reports issued by local opposition groups suggest that these were met
with a more restrained response than in previous incidents of protest, but
there were nevertheless attempts to intimidate protesters, including reports of
incidents of rifle fire by government troops. On detainees, on 5 April the
International Committee for the Red Cross announced that it had agreed with the
Syrian Government on procedures for visits to places of detention and that this
would be put into practice with a visit to Aleppo prison. However, the status
and circumstances of thousands of detainees across the country remains unclear
and there continue to be concerning reports of significant abuses. There has
been no significant release of detainees. On 12 April the Syrian Government
said entry visas were granted to “53 Arab and foreign journalists” between 25
March and 12 April. We have no further information on this. All journalists
must have full freedom of movement throughout the country.
10. Meanwhile, on the issue of
humanitarian access, while the United Nations and the Organisation of Islamic
Cooperation (OIC) needs assessment report identified one million people in need
of humanitarian assistance in Syria, no substantive progress has been achieved
over the last weeks of negotiations on access to those in need, or in
increasing the capacity of organizations on the ground.
11. Developments since 12 April
underline the importance of sending a clear message to the authorities that a
cessation of armed violence must be respected in full, and that action is
needed on all aspects of the six-point plan. Actions on the ground must be
consistent with stated commitments to carry out the six-point plan. At the same
time, the very fragility of the situation underscores the importance of putting
in place arrangements that can allow impartial supervision and monitoring. A
United Nations monitoring mission deployed quickly when the conditions are
conducive with a clear mandate, the requisite capacities, and the appropriate
conditions of operation would greatly contribute to observing and upholding the
commitment of the parties to a cessation of armed violence in all its forms and
to supporting the implementation of the six-point plan.
Proposed mission
12. An expanded mission, UNSMIS, would
comprise an initial deployment of up to 300 United Nations Military Observers.
They would be deployed incrementally over a period of weeks, in approximately
ten locations throughout Syria. It would be a nimble presence that would
constantly and rapidly observe, establish and assess the facts and conditions
on the ground in an objective manner, and engage all relevant parties. It would
be headed by a Chief Military Observer at the rank of Major-General. UNSMIS
would additionally comprise substantive and mission support personnel with a
range of skills, including advisors with political, human rights, civil
affairs, public information, public security, gender and other expertise. These
elements would be essential to ensure comprehensive monitoring of and support
to the parties for the full implementation of the six-point plan. Given the
size of the country and the challenges on the ground, the mission would need to
maximize the effectiveness of its supervision and observation responsibilities
with effective informational awareness and information management so that it
uses its resources effectively. UNSMIS would be funded through the peacekeeping
account.
13. Consistent with paragraph 5 of
resolution 2042, UNSMIS should monitor a cessation of armed violence in all its
forms by all parties and relevant aspects of the Joint Special Envoy’s
six-point proposal. Regarding a cessation of armed violence, it should be noted
that the Syrian Government’s full implementation and adherence to its
obligations to cease troop movements towards population centres, cease all use
of heavy weapons in population centres, and begin the pullback of military
concentrations in and around population centres are critical, and that the
withdrawal of all troops and heavy weapons from population centres to their
barracks is important to facilitate a sustained cessation of violence. Equally,
all parties, including both the Government and the opposition, must sustain a
cessation of armed violence in all its forms. These will be the areas of
monitoring by the military observers who, in the course of their duties to
supervise the cessation of violence, will pay due regard to other aspects of
the six- point-plan.
14. In this regard, it should also be
noted that human rights abuses have characterized much of the fighting over the
past thirteen months, and that any cessation of armed violence must necessarily
encompass a cessation of such abuses, including torture, arbitrary detentions,
abductions, sexual violence and other abuses against women, children and
minorities. The free movement of journalists throughout the country and the
respect of freedom of association and the right of Syrians to demonstrate
peacefully as legally guaranteed will also be critical. The release of persons
arbitrarily detained is a key commitment of the Government under the six point
plan that would provide a significant signal of the serious intent of the
Government effectively to implement the plan in its entirety and create the conditions
for a political solution through peaceful dialogue.
15. UNSMIS would not be involved in the
delivery, coordination, and monitoring of humanitarian assistance. The
coordination of humanitarian assistance is the responsibility of the Emergency
Relief Coordinator. It should be noted in this regard that all parties,
particularly the Government of the Syrian Arab Republic, must allow immediate,
full and unimpeded access of humanitarian personnel to all people in need and
to cooperate fully with the United Nations and relevant humanitarian
organizations to facilitate the swift provision of humanitarian assistance
16. A supervision mission that has the
capacity, through military observers and civilian personnel, to monitor and
support a cessation of violence in all its forms and the implementation of the
remaining aspects of the six-point plan could help create the conditions for a
comprehensive political dialogue between the Syrian government and the whole
spectrum of the Syrian opposition. Such a supervision mission would be
important to sustain peace and a meaningful political process in the country.
This would provide important support for the Joint Special Envoy’s efforts to
facilitate a Syrian-led political transition that meets the legitimate
aspirations of the Syrian people and brings about a political solution to the
crisis in Syria.
17. In committing to the six-point
plan, the Government of Syria has indicated its consent to an effective UN
supervision mechanism. As of 18 April, discussions with the Government of Syria
on preliminary understandings to provide the basis for a protocol governing the
deployment of the Advance Team and of a UN supervision mission made progress
and are continuing. Other parties to the conflict have indicated their readiness
to work with a mission. It is essential in this regard that the actions of the
Government in particular are in full conformity with its commitment and with
the fundamental principles necessary to enable an effective mission as embodied
in resolution 2042. As called for by resolution 2042, it is incumbent upon the
Government of Syria to facilitate the expeditious and unhindered deployment of
personnel and capabilities of the mission as required to fulfil its mandate; to
ensure its full, unimpeded, and immediate freedom of movement and access as
necessary to fulfil its mandate; allow its unobstructed communications; and
allow it to freely and privately communicate with individuals throughout Syria
without retaliation against any person as a result of interaction with the
mission. The Syrian authorities have the primary responsibility for the safety
of the mission, which should be guaranteed by all parties without prejudice to
its freedom of movement and access. This freedom of movement will need to be
supported by appropriate air transport assets to ensure mobility and capacity
to react quickly to reported incidents. Consultations have taken place to
explain these principles to the Government of Syria, including fundamental
principles of UN peacekeeping regarding selection of personnel.
18. I will seek to conclude with the
Government of the Syrian Arab Republic an agreement concerning the status of
UNSMIS within 30 days of the adoption of the resolution establishing UNSMIS,
taking into consideration General Assembly resolution 58/82 on the scope of
legal protection under the Convention on the Safety of United Nations and
Associated Personnel. In accordance with the customary practice of the United
Nations, pending the conclusion of such an agreement, the model status-of-forces
agreement dated 9 October 1990 (A/45/594) shall apply provisionally.
19. Member States, in particular the
neighboring States, should assist the Advance Team and UNSMIS by ensuring the
free, unhindered and expeditious movement to and from the Syrian Arab Republic
of all personnel, as well as equipment, provisions, supplies and other goods,
including vehicles and spare parts.
20. The mandate and operational posture
of the mission proposed herein, including its deployment and structure, would establish
an effective observer mission, with the configuration and functions described
above. I would intend to further develop and define the mission’s mandate,
scope and methods of work based on the initial deployment, the evolution of
conditions on the ground, and engagements with all relevant parties. Proposals
in this regard would be contained in a report to the Security Council as soon
as practicable but not more than 90 days after the establishment of UNSMIS.
21. I should be grateful if you could
bring this letter urgently to the attention of the members of the Security
Council.
Please accept, Excellency, the assurances of my highest
consideration.
BAN Ki-moon
Follow me on Twitter @NabilAbiSaab
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