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Thursday, October 18, 2012

UNGA 3rd Committee to condemn crimes in Syria, stresses on accountability


Diplomats say that The Third Committee in the UN General Assembly is discussing this draft resolution on Syria which was drafted by the Arab group on October 13th, 2012.   

         "10/13/2012      00:26AM       
      Situation of human rights in the Syrian Arab Republic
The General Assembly,

PP1 Guided by the Charter of the United Nations, (PP1 66/176)
PP2 Reaffirming the purposes and principles of the Charter, the Universal Declaration of Human Rights and relevant international human rights treaties, including the International Covenants on Human Rights, (PP2 66/176)
PP3 Recalling its resolutions 66/176 of 19 December 2011, 66/253A of 16 February 2012 and 66/253B of 3 August 2012, Human Rights Council resolutions S-16/1 of 29 April 2011, S-17/1 of 23 August 2011, S-18/1 of 2 December 2011, 19/1 of 1 March 2012, 19/22 of 23 March 2012, S-19/1 of 1 June 2012, 20/22 of 6 July 2012 and 21/26 of 28 September 2012, and Security Council resolutions 2042 (2012) of 14 April 2012 and 2043 (2012) of 21 April 2012, (PP1 HRC 21/26 updated)
PP4 Recalling further all resolutions of the League of Arab States relating to the situation in the Syrian Arab Republic, in particular its resolution 7523 of 5 September 2012, in which the League expressed its strong condemnation of the continuing violence, murder and heinous crimes committed by the Syrian authorities and its affiliated militias Shabbiha against Syrian civilians and the use of heavy weapons, including tanks, artillery and warplanes in its bombardment of populated neighbourhoods and villages, as well as arbitrary executions and enforced disappearances, in flagrant violation of human rights and fundamental freedoms, and called upon the Government of the Syrian Arab Republic to cease immediately and completely all forms of killing and violence against the Syrian people, (PP3 HRC 21/26)
PP5 Welcoming the relevant decisions of the League of Arab States on the developments in respect of the situation in the Syrian Arab Republic (PP6 66/176 updated)
PP6 Welcoming resolution 2/4-EX (IS) of the Organization of Islamic Cooperation of 15 August 2012 on the situation in the Syrian Arab Republic, in which the Organization called for the immediate implementation of the transitional plan and the development of a peaceful mechanism that would allow the building of a new Syrian State based on pluralism and a democratic and civilian system, where there would be equality on the basis of law, citizenship and fundamental freedoms, (PP4 HRC 21/26 updated)
PP7 Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic and to the principles of the Charter of the United Nations, (PP5 HRC 21/26)
PP8 Strongly condemning the shelling as well as the shooting of the Syrian Armed Forces into neighboring countries, which led to casualties and injuries of residents civilians as well as Syrian refugees, and underscoring that such incidents violated the international law and highlighted the grave impact of the crisis in the Syrian Arab Republic on the security of its neighbors and on the regional Peace and stability, (NEW)  
PP9 Expressing grave concern at the escalation of violence in the Syrian Arab Republic, in particular the continued widespread and systematic gross violations of human rights and the continued indiscriminate use of heavy weapons and aerial bombardments by the Syrian authorities against the Syrian population, and the failure of the Government of the Syrian Arab Republic to protect its population, (PP3 66/253 B updated)
PP10 Noting with concern the report of the Secretary-General on children and armed conflict, which indicates the occurrence of grave violations against children in the Syrian Arab Republic, that children were among the victims of military operations carried out by Government forces, including the Syrian armed forces, intelligence forces and Shabbiha militias, and that children as young as 9 years of age were victims of killing and maiming, arbitrary arrest, detention, torture and ill-treatment, including sexual violence, and used as human shields, (PP8 66/253 B updated)
PP11 Expressing concern at the vulnerable situation of women in this context, including being subjected to discrimination, sexual and physical abuse, violation of their privacy and arbitrary arrest and detention in raids, including to force their male relatives to surrender, and underlining the importance of preventing all sexual violence and violence based on gender, (PP9 66/253 B)
PP12 Deploring the further deterioration of the humanitarian situation and the failure to ensure safe and timely provision of humanitarian assistance to all areas affected by the fighting; (based on OP11 66/253 B)
PP13 Expressing great concern about the escalating violence causing an influx of Syrian refugees into neighbouring countries and countries of the region (PP6 belgian text)
        PP14 Expressing its deep concern at the failure to implement the six-point plan of the former joint special envoy Kofi Annan, welcoming the appointment of Lakhdar Brahimi as the new joint special representative of the United Nations and the League of Arab States on the Syrian crisis and expressing its full support for his efforts; (PP7 HRC 21/26 updated)
PP15 Recalling the statements made by the United Nations High Commissioner for Human Rights before the Human Rights Council and the Security Council that crimes against humanity are likely to have been committed in the Syrian Arab Republic, [and noting her repeated encouragement to the Security Council to refer the situation to the International Criminal Court], (PP8 HRC 21/26) [France, UK, Jordan : keep]

Human Rights
OP1 Strongly condemns the continued widespread and systematic gross violations of human rights and fundamental freedoms by the Syrian authorities and the Government controlled militia Shabbiha, such as the indiscriminate use of heavy weapons, aerial bombardments and force against civilians, massacres, arbitrary executions, extrajudicial killings, the killing and persecution of protestors, human rights defenders and journalists, arbitrary detention, enforced disappearances, interference with access to medical treatment, torture, sexual violence and ill-treatment, including against children, as well as any human rights abuses by armed opposition groups; (OP4 HRC 21/26 updated)
OP2 Calls upon the Syrian authorities to immediately put an end to all human rights violations and attacks against civilians, to protect the population and to fully comply with their obligations under applicable international law, and calls upon all parties to put an end to all forms of violence; (OP2 66/176 updated + OP6 HRC 21/26)
OP3 Urges the Syrian authorities to release immediately all persons arbitrarily detained, including the members of the Syrian Center for Media and Freedom of Expression, to publish a list of all detention facilities, to ensure that conditions of detention comply with applicable international law and to allow immediately access of independent monitors to all detention facilities; (OP8 HRC 21/26 updated)
OP4 Stresses its support for the aspirations of the Syrian people for a peaceful, democratic and pluralistic society, in which there is no room for sectarianism or discrimination on ethnic, religious, linguistic or any other grounds, based on the promotion of universal respect for and observance of human rights and fundamental freedoms; (OP11 HRC 21/26)

Commission of inquiry
OP5 Welcomes the reports of the independent international commission of inquiry on the Syrian Arab Republic, submitted pursuant to Human Rights Council resolution 19/22, and the recommendations contained therein; (OP1 HRC 21/26)
OP6 Regrets the continued non-cooperation of the Government of the Syrian Arab Republic with the commission of inquiry (OP2 HRC 21/26 updated).
OP7 Demands that the Syrian authorities provide the commission of inquiry and individuals working on its behalf immediate, full and unfettered entry and access to all areas of the Syrian Arab Republic, and demands also that all parties cooperate fully with the commission of inquiry in the performance of its mandate; (OP10 66/253 B updated)
[OP8 Encourages the Security Council to invite the Chair of the commission of inquiry to brief it on the situation of Human rights in the Syrian Arab Republic;] (NEW) [UK, France need to check with capitals before deletion.]

Accountability
OP9 Stresses the importance of ensuring accountability and the need to end impunity and hold to account those responsible for human rights violations, including those violations that may amount to crimes against humanity; (OP8 66/253 B)
[OP10 Stresses the need to follow up on the report of the commission of inquiry and to conduct an international, transparent, independent and prompt investigation into abuses and violations of international law, with a view to hold to account those responsible for violations and abuses, including those that may amount to crimes against humanity and war crimes, and encourages members of the international community to ensure that there is no impunity for such violations or abuses;] (first part of OP10 HRC 21/26) [Turkey : need to check language with capital]
[OP11 Encourages the Security Council to consider appropriate measures in this regard]; (OP9 66/253 B) [Egypt, Jordan : delete]

Humanitarian situation
OP12 Calls upon the Syrian authorities to immediately and fully implement the agreed humanitarian response plan, including by granting immediate, safe, full and unimpeded access of humanitarian personnel to all populations in need of assistance, in particular to civilian populations in need of evacuation, as well as safe, full and unimpeded access for affected civilians to humanitarian assistance and services, and also calls upon all parties in the Syrian Arab Republic, in particular the Syrian authorities, to cooperate fully with the United Nations and relevant humanitarian organizations to facilitate the provision of humanitarian assistance; (OP12 66/253 B)
OP13 Strongly condemns intentional and repeated attacks against medical, personnel and vehicles as well as the use of medical civilian facilities, including hospitals, for armed purposes, and calls for all medical facilities to be free of weapons, including heavy weapons, in accordance with applicable international law (OP3 and 4 Belgian text)
OP14 Expresses grave concern at the increasing numbers of refugees and internally displaced persons as a result of the ongoing violence, and reiterates its appreciation of the significant efforts that have been made by neighbouring countries and countries of the region  to assist those who have fled across the borders of the Syrian Arab Republic as a consequence of the violence, and urges all relevant United Nations agencies, in particular the Office of the United Nations High Commissioner for Refugees and other donors, to provide urgent and coordinated support to Syrian refugees and their host countries; (OP14 66/253 B + OP14 HRC 21/26)
OP15 Urges the international community to provide urgent financial support to the host countries to enable them to respond to the growing humanitarian needs of Syrian refugees, while emphasizing the principle of burden-sharing; (OP15 HRC 21/26)
OP16 Urges all donors to provide expeditiously financial support to the Office for the Coordination of Humanitarian Affairs and international humanitarian organizations as requested in the humanitarian appeals issued by the UN system and the host countries so that they can implement more actively the humanitarian response plan inside the country; (OP16 HRC 21/26)
OP17 Invites Member States to provide all support to the Syrian people. (first part of OP15 66/253 B)

German proposal : Recalling the Commission of Inquiry's recommendation to the international community that countries with influence over the parties to the Syrian conflict, in particular the permanent members of the Security Council, should work in concert to put pressure on the parties to end the violence and to initiate all-inclusive negotiations for a sustainable political transition process in the Syrian Arab Republic."
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