CHECK
AGAINST DELIVERY
Staffan
de Mistura
United
Nations Special Envoy for Syria
Briefing
to the Security Council
8
March 2017
Mr.
President,
1. Thank
you for the opportunity to brief the Security Council following the
fourth round of intra-Syrian talks that concluded in Geneva last
Friday, 3 March 2017. I will be releasing this briefing publicly as
an aide to the invitees and all interested Syrians, as well as to the
wider international community, so that all can understand what took
place in Geneva and what lies ahead. And I am glad to be briefing you
on International Women’s Day, since the voices and influence of
Syrian women must be felt in this process.
Background
2. The
talks were conducted with the encouragement of the Security
Council, which on 31 January 2017 urged me to re-convene
negotiations. The invitation letter recalled the Security Council’s
urging of the Syrian parties to participate in good faith and without
preconditions, and its reaffirmation that the only sustainable
solution to the current crisis in Syria is through an inclusive and
Syrian-led political process based on the Geneva Communique of 30
June 2012 as endorsed by Security Council resolution 2118 (2013),
Security Council resolutions 2254 (2015), 2268 (2016) and 2336
(2016), and relevant statements of the International Syria Support
Group.
3. Security
Council resolution 2254 (2015) specifically mandates the Special
Envoy to convene representatives of the Government of Syria and the
opposition to engage in formal negotiations on a political transition
process. In that context, the focus of the agenda set out in the
invitation letter was operative paragraph 4 of Security Council
resolution 2254 (2015).
4. The
invitations also recalled that the ceasefire regime announced on 29
December 2016 and the follow-up efforts in Astana had made
significant contributions to jumpstarting the political process in
Geneva and would remain important to ensure conducive conditions for
genuine negotiations, as recognized by this Council. Thus, I
continued to consult throughout the round on how to ensure that the
Astana and Geneva efforts reinforce each other, in particular on the
issues identified in paragraphs 12, 13 and 14 of resolution 2254
(2015), in strengthening the ceasefire, and regarding combatting
terrorism as stated in resolution 2254 and pursuant to Security
Council Resolutions 2249 (2015) and 2253 (2015).
The
course of the talks
5. I
thank the Syrian invitees for accepting my invitation, for engaging
on procedure and substance, and for participating at the outset
together in a symbolic welcoming ceremony in the Assembly Hall of the
Palais des Nations on 23 February 2017.
6. The
photo of that event captures the moment when the invitees in the
intra-Syrian talks sat together in one room - under the UN emblem -
for the first time in three years. All representatives of this
Council and of the International Syria Support Group were witnesses.
With me on the podium as part of my advisory team were Syrian women
representing civil society. This moment sent an important signal to
all Syrians that a political process is possible and has finally been
reconvened.
7. In
my first bilateral meetings following the opening ceremony, I shared
a set of initial thoughts on procedural issues while signaling my
desire to move ahead with genuine engagement on the substance. The
procedural issues related to how we intended to deal with the
specific agenda for governance, constitution-making and elections as
per 2254, the relevant process design and methodology, issues of
timelines and sequencing, and how any additional basket of issues
might be handled.
8. The
talks which followed were not always easy. However, I can report that
the invitees engaged constructively in increasingly intensive
discussions on procedure and substance with me and my team. Invitees
agreed to receive a non-paper on principles and expert presentations
on issues in the baskets. These are all issues that touch upon a
transitional political process. Invitees therefore engaged in
substance on the agenda presented by the UN, and in some cases gave
initial reactions.
Commonalities
and principles
9. There
was one early point of common ground. All invitees confirmed that the
talks should not start from scratch, and instead build upon the
achievements of the three rounds held in 2016. This allows me to
affirm the common ground identified in last year’s points of
commonalities and mediator’s summary papers produced after rounds
two and three. This also allowed me during this fourth round to build
upon this with a twelve-point non-paper that captured certain
essential principles. I was satisfied with the reactions to these
principles, and feel there is a broad area of common
\
meeting
of the minds regarding the type of Syria that all invitees may want
to see one day. These principles can continue to evolve as a living
set of points. They can also serve to guide me as the mediator in
shepherding the effort. I did not at this stage seek any formal
agreement, not least because the important thing is to focus on the
real substance at stake. Therefore, I am not publicly releasing them
at this time, and may continue to refine them.
Agenda
10. It
was clear and not disputed that the intra-Syrian talks in Geneva are
aimed at implementing resolution 2254. As the mediator, it is my view
and expectation that the sides should aim at a framework agreement
containing a political package so that a negotiated transitional
political process can be implemented in accordance with the clear
sequencing and target timelines set out in resolution 2254.
11. To
achieve this goal, a clear agenda has emerged consisting of four
baskets – three baskets as per my invitation letter plus a new
additional basket added during the round. Each is to my mind
framed by the goal I have just described and contributes to
developing the overall political package for a negotiated
transitional political process to unfold in Syria:
· Basket
1 addresses all issues related to the establishment, within a target
of six months, of credible, inclusive and non-sectarian governance.
· Basket
2 addresses all issues related to setting, within a target of six
month, a schedule and process for drafting a new constitution.
· Basket
3 addresses all issues related to ensuring that free and fair
elections, pursuant to a new constitution, can be held within
18 months and administered under the supervision of the UN, to the
satisfaction of the governance and to the highest international
standards of transparency and accountability, with all Syrians,
including members of the diaspora, eligible to participate.
· The
new basket 4 addresses (within the context of the overall
transitional political process) issues related to counter-terrorism
and security governance, and also confidence-building measures.
12. We
have elaborated with the sides elements that could be covered in the
workstream in each basket. Expert UN inputs have mapped to varying
degrees substantive issues that would need to be addressed. Basket 1
should address the functions, elements and institutions of credible,
inclusive and non-sectarian governance, their membership and
decision-making, their powers and relations to other institutions,
governance practices and policies and mechanisms, and the mechanisms
and legal basis to ensure implementation. Basket 2 should address the
type of constitutional drafting process by the Syrians that would be
set up such as a special commission, how a national conference or
national dialogue could play a role, what public consultation and
revision could take place on a draft, and how a draft would be
formally approved by Syrians. Basket 3 should identify the balloting
events that would take place, how elections would be administered,
what UN supervision would entail, what free and fair elections
according to highest international standards would require, and how
to ensure eligibility of all Syrians including members of the
diaspora to participate.
Basket
4 should be informed by UN standards, such as the pillars of the UN
counter-terrorism strategy, and address strategic counter-terrorism
issues well as security sector governance. Thus, this basket
could address internal and external conditions conducive to the
spread of terrorism, preventing and combatting terrorism, ensuring
state capacity to address terrorism, and upholding the rule of law
and human rights while fighting terrorism -- including in state
institutions, and in particular security institutions. Issues of
unity of command over armed forces, powers of and oversight of
security agencies, credible and effective police forces, and dealing
with foreign fighters and forces could all be usefully addressed. So
could confidence-building measures.
13. Let
me clarify that these are not as far as the UN understands the same
issues as those to be addressed in the Astana effort. The UN strongly
supports Astana in addressing the crucial issue of maintaining the
ceasefire regime announced on 29 December. Likewise, any immediate
operational counter-terrorism issues can be dealt with there, in
Astana not in Geneva.
14. I
also look to the coming meeting in Astana to do everything possible
to find practical measures of confidence-building, such as securing
releases of arbitrarily detained persons, and also ensuring
unhindered humanitarian access. There were quite a few interactions
on these issues in Geneva. I also want to make clear that in Geneva
we will continue to address in the framework of the ISSG Humanitarian
Task Force issues of humanitarian access. We will also pursue a
systematic and sustained approach to the issue detainees, missing
persons, and other confidence-building measures, as called for in
Security Council resolution 2254 (2015).
15. Let
me also indicate as I did to the invitees that if and as substantive
talks on the four baskets deepens, additional baskets on
reconstruction and international support for a negotiated
transitional political package could be added in due course.
Work
methods
16. Within
the intra-Syrian talks process, as far as the UN is concerned, we aim
to address the baskets in parallel. This at least means that:
· Each
basket will contain its own work stream;
· We
address all four baskets in-depth in each round;
· The
mediator will not allow any party to prevent discussion of a basket;
· The
sequencing of meetings to discuss baskets does not denote the
sequence of implementation of any agreed package;
· Nothing
is agreed until everything is agreed unless the sides decide
otherwise;
· Any
framework agreement would be a package from a comprehensive
negotiation.
17. I
urge the invitees to prepare actively for the next round of talks on
all baskets. I intend to actively mediate in proximity talks, as
by the way is done in Astana. Workstreams in the baskets will be
pursued in formal meeting with the United Nations, as well as
technical discussions, and possibly working groups, expert
committees, or other arrangements, depending on the complexity of the
issues, the preferences of the sides, and what I assess can be
fruitful.
18. As
we proceed in proximity mode, we will continue to explore every
opportunity for direct meetings on all issues on the agenda, or on
specific issues where appropriate.
Progress
re opposition
19. In
this context, I am also pleased to note that, with our active
encouragement, important progress was made before this round toward
the needed basis for a single opposition delegation to participate in
direct negotiations with the Government of Syria. Significant
dialogue and contact among invitees on this matter continued during
round 4 in Geneva.
20. I
will continue encouraging efforts in this direction, and work for
finalizing efforts to this end within the context of resolution 2254.
There should at the very least be cooperation among the opposition
invitees in a manner that promote the effectiveness of the process. I
hope that a clear agenda for the talks process will play its part in
assisting the opposition in its diversity to overcome whatever
differences remain. Let everyone note that success in this endeavor
lies in many hands, not just mine.
Resolution
1325
21. Beyond
the invitees to the talks, this round of talks re-engaged Syrian
women and Syrian civil society in the peace process, in ways that we
have to build on. I strongly reiterated my commitment to ensuring the
inclusion of diverse voices of Syrian women in the process through
sustained consultation and dialogue. I reiterated my request to all
invitees to ensure full and effective participation of women in their
teams in accordance with Security Council resolution 1325. Meanwhile,
I convened and worked closely throughout the round with the Women
Advisory Board, who directly advise me and my team before and after
the sessions.
Civil
society
22. My
office also activated the Civil Society Support Room to accompany the
process and enable a broad cross-section of Syrian civil society to
be present in Geneva. This enabled me and my colleagues to consult
with a range of Syrian civil society individuals and organisations
with a humanitarian and human rights background. We were also able to
consult Syrian legal and economic experts, primarily academics and
former civil servants, from both inside and outside Syria. Their
voices brought many perspectives, and also gave us useful expert
insights.
Next
steps and required support
23. What
is the way ahead? I am in New York to brief you but also to consult
the Secretary-General, which will be later this week. It is my
intention to reconvene the invitees for a 5th round
with a target date of 23 March, with invitees to arrive 22 March.
24. In
support of the talks process, I need your help. First, I would
welcome this Council sending a clear signal that the outcomes of this
round of intra-Syrian talks have your full support. The agenda now
set should be fully backed. We cannot accept any back-sliding. You
should know that I was quite prepared to adjourn meetings if no
serious engagement was taking place on the baskets in the round that
just passed, and that will continue. And I will not hesitate to
explain why.
25. Second,
the invitees should be preparing for intensive and substantive
discussion on the baskets in the fifth round. I hope they will come
with constructive inputs and fresh thinking where that is needed.
That is what a Syrian-led and Syrian-owned process ideally would
require. But if they do not, the UN will continue to stimulate them
with inputs.
26. Third,
I appeal to those convening the Astana meeting next week to address
urgently the challenges to the ceasefire. And I urge all states with
influence to use that influence now with the conflicting
parties. Since mid-February, we
have witnessed several worrisome developments that can be classified
either as typical spoiler acts, or escalatory steps in contested
areas that are of strategic interest to the parties to the
ceasefire. This surge
in violence is killing more civilians, and has the potential to
undermine confidence in the 29 December 2016 ceasefire agreement.
There is an urgent need for an effective working mechanism on
verification, prevention, or correction on the ground. The UN will be
present and active in the Astana meeting to support the principal
players address these challenges.
27. Fourth,
humanitarian access must be safe, unhindered and sustainable,
especially in besieged and hard to reach areas, on the basis of needs
assessed by the UN and its humanitarian partners. All parties to the
conflict must meet their obligations under international humanitarian
law.
28. Fifth,
let us remember the enormous task of bringing about a return of those
who have fled and the reconstruction of Syria once a political
solution is reached. The ministerial-level conference that will take
place in Brussels less than a month from now will focus on the
implementation of pledges and commitments made in London last year,
on supporting the resilience of millions of refugees and host
communities in neighboring countries,
but
will also begin to look a possible concerted path forward on early
rehabilitation and future reconstruction needs – if and only if a
credible and genuine transitional process has firmly taken place. A
well-coordinated approach to reconstruction needs can be a powerful
incentive to all to replace guns with bricks and mortars, boost
regional economies, and enable the return of the displaced to their
homes.
29. Sixth,
let us plainly acknowledge that, while the solution must be Syrian
led and owned, Syria’s future is not, tragically, only in Syrian
hands. Syrians from all walks of life remind me of this on a daily
basis. I appreciated the assistance of many active diplomatic
counterparts during the fourth round. If we are to go further, every
important outside player needs to make a firm and unequivocal
decision not to pursue the illusion – the fantasy as I said in
Geneva – of a military solution, or to foster that illusion among
Syrians. All must recognize that only a political solution can
produce a sustainable future for Syria. This requires a solution that
addresses the legitimate aspirations of the Syrian people. The
Syrians must recognize this, and so must outsiders.
Mr.
President,
30. On
this International Women’s Day, I want to try to capture what I
heard from Syrian women, and also Syrian civil society, during this
fourth round. Here is what they tell me: Syria and Syrians are sick
of this conflict; they are devastated at what has befallen their
country; they demand that their voices be heard; they want Syria’s
destiny to be in Syrian hands; theyhave a huge amount to contribute
to peace not war; they know the difficulties but want these UN talks
to work; and, above all, they call on all of you to support this
mediation process and help it succeed. I hope this Council hears
these voices, and that everyone now acts accordingly.
Thank
you, Mr. President.
