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Ahmed Himmiche head of the UN Military Observers (UNMO)
dispatched to Syria, is approached by citizens of Homs
as he and his team patrol the city. 12 April 2012 (Click on picture)
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النص الرسمي للاتفاق المبدئي بين الأمم المتحدة والحكومة السورية حول آلية عمل بعثة المراقبين "أنسميس". أنقر هنا.
Introduction
1. The Security Council, in its resolution 2042
(2012), reaffirms its strong commitment to the sovereignty, independence, unity
and territorial integrity of the Syrian Arab Republic, and to the principles of
the Charter.
2. This agreement is intended to provide a basis
for a protocol governing the advance team and, upon its deployment, the United
Nations supervision mechanism to monitor and support a cessation of armed
violence in all its forms by all parties and the implementation of the Special
Envoy’s six-point plan (endorsed by the Security Council in resolution 2042
(2012)). This agreement identifies issues, responsibilities and procedures that
are required for the advance team and the effective deployment of a United Nations
supervision mechanism, once mandated by the Council.
3. This agreement is subject to any relevant
Security Council resolutions and without prejudice to the model status of
mission agreement and to the agreement to be concluded with the Government concerning
the status of the United Nations supervision mechanism in the territory of the
Syrian Arab Republic. It is understood that pending the conclusion of the
latter agreement, the model status of mission agreement shall apply.
A. Basic assumptions
4. Based on the six-point plan of the Special
Envoy and the exchange of letters between the Special Envoy and the Syrian
authorities it is assumed that:
5. As at 10 April 2012 the Government of the Syrian Arab Republic had
implemented:
(a) The cessation of troop movements towards
population centres;
(b) The end of the use of heavy weapons in population centres;
(c) The beginning of the
pullback of military concentrations in and around population centres.
B. Tasks and responsibilities of the parties
B1. Tasks and responsibilities of the Syrian
Government
6. As of 12 April 2012:
(a) Cease armed violence
in all its forms;
(b) Complete the
pullback of all Syrian Army military concentrations and their heavy weapons
from inside and around population centres and return them to their barracks or
their places of temporary deployment;
(c) Other
responsibilities derived from the six-point plan in line with the mandate;
(d) Any other
tasks/activities agreed by the Chief Military Observer with the parties.
7. The Government of the Syrian Arab Republic
ensures the following:
(a) The maintenance of
security and law and order through the use of its police and law enforcement
agencies, in a manner consistent with international humanitarian and human
rights law;
(b) The safety and
security of all United Nations military observers, staff officers, United
Nations international and national staff and United Nations premises,
properties and infrastructures, when and where required by the Chief Military
Observer without prejudice to the freedom of movement as all personnel of the
advance team and, upon its deployment, the United Nations supervision
mechanism;
(c) The full and
unimpeded access of humanitarian personnel to all populations in need of
assistance in accordance with the guidelines established in General Assembly
resolution 46/182.
8. The issue of the use of air assets by the
United Nations supervision mechanism may be discussed and agreed at a later
date.
9. The Government of the Syrian Arab Republic
allows unhindered access of United Nations personnel to any facility, location,
individual or group considered of interest by the advance team and, upon its
deployment, the United Nations supervision mechanism, in accordance with their
tasks and in keeping with their mandates.
10. The Government of the Syrian Arab Republic
facilitates the granting of visas upon arrival and expedites the issuance of
cross-border documents to allow the entry of United Nations personnel and
equipment whose names and nature will be communicated to the Syrian
authorities. The Government of the Syrian Arab Republic, in conformity with
Syrian law, also allows the timely entry of all monitoring, security,
communications and protective equipment required by the United Nations military
observers to implement their mandated tasks, as defined by the Chief Military
Observer, such as:
(a) Armoured vehicles;
(b) Personal protective
gear (helmets and fragmentation vests);
(c) Navigation systems;
(d) Information
technology and communications equipment as needed for the mandate;
(e) First aid kit.
11. Syrian Army operational requirements: (a)
Complete the pullback of Syrian Army concentrations and heavy weapons from
inside and around population centres;
(b) Refrain from
operational deployments and movements towards, inside and around population
centres;
(c) Cease armed violence
in all its forms;
(d) Withdraw all Syrian
Army concentrations and their heavy weapons from inside and around population
centres and return them to their barracks or temporary deployment places;
(e) Any other
tasks/activities agreed with the parties.
12. The Syrian Armed Forces may continue to
maintain the security of strategic assets and installations, e.g., ports,
airports, highways, refineries, etc.
B2. Tasks and responsibilities to be confirmed by the Special Envoy with and in respect of the armed opposition groups and relevant elements
13. As of 12 April 2012:
(a) A complete halt to
the fighting and a sustained cessation of armed violence in all its forms;
(b) Other
responsibilities derived from the six-point plan;
(c) Any other
tasks/activities agreed by the Chief Military Observer with the parties.
14. Armed opposition groups and relevant
elements should ensure the following:
(a) No threat to the
security of all United Nations military observers, staff officers, United
Nations international and national staff and United Nations premises,
properties and infrastructures while in areas where armed opposition groups and
relevant elements are present, when and where required by the Chief Military
Observer, without prejudice to the freedom of movement of all personnel of the
advance team and, upon its deployment, the United Nations supervision
mechanism;
(b) Freedom of movement
within all areas where armed opposition groups and relevant elements are
present;
(c) The full and
unimpeded access of humanitarian personnel to all populations in need of
assistance.
15. Armed opposition groups and relevant
elements should allow unhindered access of United Nations personnel to any
facility, locations, individual or group considered of interest by the advance
team and, upon its deployment, the United Nations supervision mechanism.
16. Armed opposition groups and relevant
elements operational requirements:
(a) Cease all acts of
aggression against Syrian Army formations, bases, convoys and infrastructure;
(b) Cease all acts of
aggression against Government agencies, buildings, infrastructure as well as
private and public properties, and not hinder the resumption of public
services;
(c) Commit to stop all
illegal activities according to Syrian law, including assassinations,
kidnapping or vandalism; and to return all public and private property, stolen
through violence, to its rightful owners;
(d) Refrain from
training, rearming, regrouping or reorganizing military formations;
(e) Cease public and
private displays of weapons;
(f) Commit, in
accordance with Syrian law, not to conduct or initiate activities such as
establishing checkpoints, conducting patrols or policing activities;
(g) Allow the safe
return of all affected people to their places of residence.
C. United Nations supervision mechanism
17. Upon deployment of a Security
Council-mandated supervision mission to the territory of the Syrian Arab
Republic, the mission will monitor and support a cessation of violence in all
its forms by all parties and the implementation of the Special Envoy’s
six-point plan. The United Nations supervision mechanism will carry out its
activities in accordance with the mandate established by the Council and, where
appropriate, the United Nations supervision mechanism will coordinate with the
Syrian authorities.
18. Without prejudice to the model status of
mission agreement and to the agreement to be concluded with the Government
concerning the status of the United Nations supervision mechanism in the
territory of the Syrian Arab Republic, the parties shall respect the advance
team and the United Nations supervision mechanism’s right to:
(a) Conduct its mandated
activities;
(b) Observe, establish
and assess facts and conditions on the ground in an independent and impartial
manner;
(c) Liaise and engage
with all relevant parties;
(d) Move freely
throughout the country, in accordance with the mandate, with the exception of
the occupied Golan;
(e) Operate free from
intimidation or harassment or threat to their safety and security and to the
inviolability of United Nations premises and facilities;
(f) Interact freely and
confidentially with any individual, group of individuals, body or institution
in the Syrian Arab Republic without threat of harassment or reprisal against
them;
(g) Secure unobstructed
communications between United Nations elements as well as with United Nations
Headquarters.
19. As a practical matter, the United Nations
supervision mechanism will be organized in central and regional headquarters
team sites deployed throughout the country. It will have support services and
enablers to allow its operations.
D. Obligations of the personnel of the United
Nations supervision mechanism
20. In addition to the rights, facilities,
privileges and immunities mentioned in the model status of mission agreement
and in the agreement to be concluded with the Government concerning the status
of the United Nations supervision mechanism in the territory of the Syrian Arab
Republic, the advance team, the United Nations supervision mechanism and their
personnel shall enjoy the privileges and immunities specified in the Convention
on the Privileges and Immunities of the United Nations. In particular, the
United Nations military observers shall enjoy the status of experts on mission within
the meaning of article VI of the Convention.
21. United Nations military observers will,
within the framework of the Security Council mandate, also have the following
operational freedoms, with, where appropriate, notification/coordination with
the Syrian Government:
(a) Freedom of
movement/action to conduct their tasks in support of the mandate;
(b) Freedom to conduct
any type of mandated operation at any time, by foot or by car;
(c) Freedom to transport
and conduct the medical evacuation of United Nations personnel;
(d) Freedom to take
pictures of military units and military equipment for the purpose of
investigating violations;
(e) Freedom to park
and/or stay in the vicinity of military positions of the Syrian Government and
places of the armed opposition in accordance with the mandate;
(f) Freedom to use
technical equipment to monitor the compliance with the ceasefire, the six-point
plan, the preliminary understanding and any subsequent agreements (Global
Positioning System (GPS), communications, photography);
(g) Freedom to install
temporary observation posts inside population centres;
(h) Freedom to monitor
convoys of military vehicles approaching population centres;
(i) Freedom to access
detention centres and medical centres in coordination with the International
Committee of the Red Cross and the Syrian Arab Red Crescent in the context of
the implementation of mandated tasks;
(j) Freedom to
investigate any potential violation.
22. Any action from any party preventing the advance team or the United Nations
supervision mechanism from implementing mandated tasks is a violation.
E. Liaison coordination and resolution of disputes
23.
Weekly or as needed liaison forums in each team site shall be convened,
involving team United Nations military observers, local government representatives,
local opposition leaders and/or activists and other representatives of civil
society in order to clarify issues of concern.
24. The Chief Military Observer shall conduct regular meetings with senior
Syrian Government interlocutors and opposition figures.
F. Coordination and notification procedures
25. In general, specific modalities for coordination
and notification will be worked out by the Chief Military Observer in
consultation with all parties. Should agreement not be reached within a
reasonable time, the Chief Military Observer will issue a temporary ruling
which will stay in effect until an agreement has been reached.
26. The Chief Military Observer, in coordination
with the Syrian Government authorities and armed opposition groups and relevant
elements, will list, within 20 days of the adoption of an agreement, all
relevant geographic information specifying on United Nations maps the
population centres and other locations relevant to the mandate. This map will
be communicated to the Security Council.
27. The Chief Military Observer, in coordination
with the Syrian Government authorities and armed opposition groups and relevant
elements, will list all relevant information specifying heavy weapons/weapons
systems involved in the conflict (see annex 1).
28. The Syrian Government and armed opposition
groups and relevant entities will inform the United Nations supervision
mechanism of activities for which they request coordination, in writing through
a liaison channel. The United Nations supervision mechanism will acknowledge in
writing receipt of these requests within three days maximum.
29. In the event of an alleged violation
occurring, the advance team and, upon its deployment, the United Nations
supervision mechanism, will investigate the circumstances surrounding the
violation and notify the offending party in writing and state necessary corrective
action.
30. All disputes, misunderstandings and requests
for clarifications shall be brought immediately to the attention of the senior
United Nations military observer deployed on the ground in the specific area.
In case further consultations are required, the issue shall be brought
immediately to the attention of the Chief Military Observer.
31. Subject to the relevant Security Council
resolutions, and without prejudice to the model status of mission agreement and
to the agreement to be concluded with the Government concerning the status of
the United Nations supervision mechanism in the territory of the Syrian Arab
Republic, the aim of this preliminary understanding is to form the basis of a
protocol that will have annexed to it an illustrative list of violations and
agreed definitions.
Annex
United Nations supervision mechanism — Syrian Arab Republic
Definition of terms
1. Syrian Army: are military national forces,
consisting of land forces, air and air defence forces, naval forces including
marines, internal security forces and additional forces comprising reserve
forces, People’s Army forces, and others to be established as necessary by the
Government of the Syrian Arab Republic.
2. Military barracks: are permanent military
facilities that accommodate, train or hold Syrian Army units and formations and
security forces.
3. Heavy weapons: are all weapons operated individually or by a group/team with
a calibre of above 14.5 mm. These include but are not limited to artillery
pieces, tanks, mortars, rocket-propelled grenades, anti-tank weapons, and
anti-aircraft weapon systems. Armoured personnel carriers will not be
considered to be heavy weapons, if mounted weapons above 7.62 mm calibre are
disabled.
4. Army concentrations: are army units or formations,
beyond company level, deployed outside military barracks for tactical or
operational purposes.
5. Law enforcement units: are units functioning
under the authority of the Ministry of the Interior to maintain public law and
order through policing activities. They usually carry small arms, are uniformed
and may be transported in armoured personnel carriers.
6. Police forces: are Government forces carrying
out policing activities including community policing, security patrolling and
investigative tasks. Such personnel would wear uniform, be in possession of a
Government-issued identification card and may carry a side or small arm.
7. Pullback from inside and around population
centres: this means the movement of army concentrations, temporarily deployed
in and around population centres, to their barracks or to temporary deployment
places, at least located a minimum of 2-3 km outside the perimeter of these
population centres. This does not apply to barracks that already exist within
cities and towns and are considered to be the permanent location of these units
or formations.
8. Population centre: is a geographic area in
which a number of people reside within clearly defined administrative
boundaries and allocations, including villages, towns and cities.
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