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Thursday, April 12, 2012

Security Council draft resolution on advance mission in Syria

Security Council meeting at which the Council adopted a Presidential Statement calling upon the Syrian government to urgently implement its commitment to cease troop movements towards population centres and to cease all use of heavy weapons in such centres. April 5, 2012. (Click on picture)
This is a revised draft. Find here the first text drafted by the US on April 12, 2012, and click here to read resolution 2042 as adopted in the Security Council on April 14, 2012.

(Revised Draft)
"The Security Council,

PP1 Recalling its Presidential Statements of 3 August 2011, 21 March 2012 and 5 April 2012, and also recalling all relevant resolutions of the General Assembly,

PP2 Reaffirming its support to Joint Special Envoy for the United Nations and the League of Arab States, Kofi Annan, and his work, based on General Assembly resolution A/RES/66/253 of 16 February 2012 and relevant resolutions of the League of Arab States,

PP3. Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter,

PP4 [Condemning the widespread and gross violations of human rights and the use of force against civilians by the Syrian authorities, recalling that those responsible shall be held accountable, and expressing its profound regret at the death of many thousands of people in Syria,]

PP5 Noting the Syrian government’s commitment on 25 March 2012 to implement the six-point proposal of the Joint Special Envoy of the United Nations and the League of Arab States, and to implement urgently and visibly its commitments, as it agreed to do in its communication to the Envoy of 1 April, to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, and (c) begin pullback of military concentrations in and around population centres, and to implement these in their entirety by no later than 10 April 2012, and noting alsothe Syrian opposition’s expressed commitment to respect the cessation of violence, provided the government does so,

PP6 Noting the Envoy’s assessment that [the parties appeared to be observing a cessation of fire as of 12 April 2012 and that] the Syrian government had started to implement [some of] its commitments as outlined in (a), (b), and (c) above, and supporting the Envoy’s call for an immediate  and visibly implementation by the Syrian government of its commitments in their entirety, as set forth in the Security Council’s Presidential Statement of 5 April 2012, so as to enable a sustained cessation of armed violence in all its forms by all parties,

1. Reaffirms its full support for all elements of the Envoy’s six-point proposal aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition leading to a democratic, plural political system, in which citizens are equal regardless of their affiliations, ethnicities or beliefs, including through commencing a comprehensive political dialogue between the Syrian government and the whole spectrum of the Syrian opposition, reiterates its call for the urgent, comprehensive, and immediate implementation of all aspects of the Envoy’s six-point proposal [Annex 1];

2. [Demands/Calls upon] the Syrian government implement visibly its commitments in their entirety, as it agreed to do in its communication to the Envoy of 1 April, to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, and (c) begin pullback of military concentrations in and around population centres, and [stresses the importance of the withdrawal of all Syrian government troops and heavy weapons from population centres to their barracks to facilitate a sustained cessation of violence;]

3. [Demands/Calls upon] that all parties in Syria, [including the opposition,] immediately  cease all armed violence in all its forms and [cease and desist from all arbitrary detentions, abductions, torture, and sexual violence];

4. Expresses its intention, subject to a sustained cessation of armed violence in all its forms by all parties, to establish immediately, after consultations with the Syrian government, a United Nations supervision mission in Syria to monitor such a cessation of violence and to monitor and support the full implementation of the Envoy’s six-point proposal, on the basis of a formal proposal from the Secretary-General, which the Security Council requests to receive by 16 April 2012;

5. [Demands/Calls upon]  the Syrian government (a) facilitate the expeditious and unhindered deployment of the number of unarmed military observers, civilian personnel, and the capabilities required to fulfil the mandate as set out in paragraph 4, (b) ensure full, unimpeded, and immediate freedom of movement and access throughout Syria for all mission personnel as deemed necessary by the mission to carry out its mandate, (c) guarantee unobstructed communications both within the mission and between the mission and United Nations headquarters, (d) guarantee the mission’s ability to freely and privately interview and communicate with any individual, group of individuals or body in Syria, guaranteeing also not to punish, harass or retaliate against any person as a result of interaction with the mission;
           
6. [Demands/Calls upon] the parties guarantee the safety of the mission and other United Nations personnel without prejudice to the freedom of movement and access, and stresses that the primary responsibility in this regard lies with the Syrian authorities;

7. Decides to authorize an advance team of up to 30 unarmed military observers to liaise with the parties and to begin to report on the implementation of a full cessation of armed violence in all its forms by all parties, pending the deployment of the mission referred to in paragraph 4 and [demands/calls upon] that the Syrian government ensure the advance team is able to carry out its functions according to the terms set forth in paragraphs 5 and 6 above; 

8. Requests the Secretary-General to report immediately to the Security Council any obstructions to the effective operation of the team, by any party, in connection with the provisions in paragraphs 5 and 6 above;

9. Reiterates its call for the Syrian authorities to allow immediate, full and unimpeded access of humanitarian personnel to all populations in need of assistance, in accordance with international law and guiding principles of humanitarian assistance and calls upon all parties in Syria, in particular the Syrian authorities, to cooperate fully with the United Nations and relevant humanitarian organizations to facilitate the provision of humanitarian assistance;

10. Requests the Secretary-General to report to the Council on the implementation of this resolution by April 19;

11. Expresses its intention to consider further steps in the event of non-implementation of relevant commitments;

12. Decides to remain seized of the matter.
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