UK draft resolution on Syria/ UNSMIS under Chapter VII

Mark Lyall Grant, Permanent Representative
 of the United Kingdom to the UN,
 speaks to the press. June 2012

DRAFT SCR: UNSMIS

The Security Council,

PP1. Recalling its Resolutions 2043 (2012) and 2042 (2012), and its Presidential Statements of 3 August 2011, 21 March 2012 and 5 April 2012,

PP2. Reaffirming also its support to the Joint Special Envoy for the United Nations and the League of Arab States, Kofi Annan, and his work, following General Assembly resolution A/RES/66/253 of 16 February 2012 and relevant resolutions of the League of Arab States, aimed at securing full implementation of his six-point plan in its entirety, as annexed to resolution 2042 (2012), 


PP3. Welcoming the National Compact and the Joint Political Vision for the Features of the Transitional Phase as approved by the Syrian Opposition Conference held under the auspices of the League of Arab States in Cairo on July 3, 2012,

PP4. Condemning the Syrian authorities’ increasing use of heavy weapons, including indiscriminate shelling from tanks and helicopters, in population centres and failure to withdraw its troops and heavy weapons to their barracks contrary to paragraph 2 of resolution 2043 (2012),

PP5. Condemning the continued widespread violations of human rights by the Syrian authorities, as well as any human rights abuses by armed groups, and recalling that those responsible shall be held accountable, and expressing its profound regret at the death of many thousands of people in Syria,

PP6. Deploring the deteriorating humanitarian situation and the failure to ensure timely provision of humanitarian assistance to all areas affected by the fighting contrary to point 3 of the Envoy’s six-point plan, reiterating its call for the Syrian parties to allow immediate, full and unimpeded access of humanitarian personnel to all populations in need of assistance, in particular to civilian populations in need of evacuation, and calling 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;

PP7. Condemning that thousands of Syrians continue to be detained in networks of Government-run facilities and deploring that there is no freedom of assembly contrary to points 4 and 6 of the six-point plan, and recalling the urgency of intensifying the pace and scale of release of arbitrarily detained persons, and reiterating the need for Syrians to enjoy the freedom to assemble, including to demonstrate peacefully and freedom of movement for journalists throughout the country, as part of the necessary conditions for a political transition,

PP8. Expressing grave concern at the increasing numbers of refugees and internally displaced persons as a result of the ongoing violence, and expressing its appreciation of the significant efforts that have been made by the States bordering Syria to assist those who have fled across Syria’s borders as a consequence of the violence, and requesting UNHCR to provide assistance as requested by member states receiving these displaced persons,

PP9. . Having considered the Secretary-General’s report on UNSMIS dated 6 July 2012, commending United Nations Supervision Mission in Syria (UNSMIS) personnel for their continued efforts in a dangerous and volatile environment, and deploring that, due to the failure of the parties to implement the six-point plan and to the level of violence, monitoring access restrictions and direct targeting, the Mission’s operational activities were rendered unworkable, and noting the Secretary-General’s recommendation that a shift in Mission structure and focus should be considered,

PP10. Stressing that rapid progress on a political solution represents the best opportunity to resolve the situation in Syria peacefully, welcoming in this regard the outcome of the Envoy’s 30 June Action Group meeting, and noting that progress towards an atmosphere of safety and calm is key to enabling a credible transition,

PP11. Noting the Secretary-General’s 7 July 2012 call on the Security Council to provide the necessary support and ensure sustained, united and effective pressure on all concerned to ensure implementation of its resolutions and create conditions for the success of a political solution envisaged by the Action Group,

PP12. Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter,

PP13. Determining that the situation in Syria constitutes a threat to international peace and security,

PP14. Acting under Chapter VII of the Charter of the United Nations,

1.    Expresses grave concern at the escalation of violence, and the failure of the parties, in particular the Syrian authorities, to implement the Envoy’s six-point plan as annexed to resolution 2042 (2012), thus not permitting the creation of a political space that would allow for meaningful political dialogue,

2.    Endorses in full the 30 June Action Group Communiqué and its underlying guidelines and principles (Annex A);

3.    Demands that all Syrian parties work with the Envoy to implement rapidly the transition plan set forth in the Communiqué, including through: (a) the establishment of a transitional governing body which could include members of the present government and the opposition and other groups and be formed on the basis of mutual consent and which would exercise full executive powers, (b) a review of the constitutional order and legal system and development of a new constitution that would be subject to popular approval and as a result of a inclusive and meaningful national dialogue process, and (c) the holding of free and fair multi-party elections on the basis of the new constitution;

Enabling Transition: Immediate implementation of the Envoy’s six-point plan

4.    Demands the urgent, comprehensive, and immediate implementation of, all elements of the Envoy’s six-point proposal as annexed to resolution 2042 (2012) aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition as outlined in Annex A, 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 authorities and the whole spectrum of the Syrian opposition;

5.    Decides that the Syrian authorities shall implement visibly and verifiably their commitments in their entirety, as they agreed to do in the Preliminary Understanding and as stipulated in resolution 2042 (2012) and 2043(2012), to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, (c) complete pullback of military concentrations in and around population centres, and to withdraw its troops and heavy weapons from population centres to their barracks or temporary deployment places to facilitate a sustained cessation of violence;

6.    Demands that all parties in Syria, including the opposition, immediately cease all armed violence in all its forms, thereby creating an atmosphere conducive to a political transition;

Accountability

7.    Recalls that all those responsible for human rights violations, including acts of violence, must be held accountable,

8.    Notes Commissioner Pinheiro’s unofficial visit to Damascus and decides that the Syrian Government shall provide the UN Independent International Commission of Inquiry on the Syrian Arab Republic and individuals working on its behalf immediate entry and access to all areas of Syria, decides that the Syrian authorities shall cooperate fully with the Commission of Inquiry in the performance of its mandate, and requests the Secretary-General to report to the Security Council all information gathered by the Independent Commission of Inquiry pertaining to the commission of widespread and systematic violations of human rights;

UNSMIS

9.    Decides to renew the mandate of the United Nations Supervision Mission in Syria (UNSMIS) for a period of 45 days, on the basis of the Secretary-General’s recommendation to reconfigure the Mission to increase support for dialogue with and between the parties, and enhance attention to the political track and rights’ issues across the six-point plan;

10. Requests the Secretary-General to retain the minimum military observer capacity and requisite civilian component necessary to promote forward steps on the six-point plan through facilitation of political dialogue and to conduct verification and fact-finding tasks;

11. Condemns all attacks against UNSMIS, reaffirms that perpetrators of attacks against UN personnel must be held to account, demands that the parties guarantee the safety of UNSMIS personnel without prejudice to its freedom of movement and access, and stresses that the primary responsibility in this regard lies with the Syrian authorities;

12. Demands that the Syrian authorities ensure the effective operation of UNSMIS by: facilitating the expeditious and unhindered deployment of its personnel and capabilities as required to fulfil its mandate; ensuring its full unimpeded, and immediate freedom of movement and access as necessary to fulfil its mandate, underlining in this regard the need for the Syrian authorities and the United Nations to come rapidly to an agreement on appropriate air transportation assets for UNSMIS; allowing its unobstructed communications; and allowing it to freely and privately communicate with individuals throughout Syria without retaliation against any person as a result of interaction with UNSMIS;

Compliance

13. Decides that, if the Syrian authorities have not fully complied with paragraph 5 above within ten days, then it shall impose immediately measures under Article 41 of the UN Charter;

Reporting and Follow-Up

14. Requests the Secretary-General to report to the Council on the implementation of this resolution within 10 days of its adoption and every 15 days thereafter;

15. Expresses its intention to assess the implementation of this resolution and to consider further steps as appropriate;

16. Decides to remain seized of the matter;

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