AFTERNOON - After a Decade of Civilians Bearing the Brunt of the Conflict in Syria, it is Time to Put Them First and Support an Immediate Nation-wide Ceasefire, Commission of Inquiry on Syria Tells Human Rights Council
Special Rapporteur Says Myanmar is Controlled by a Murderous, Illegal Regime and Urges States not to Recognise it
The Human Rights Council this afternoon held separate interactive dialogues with the Independent International Commission of Inquiry on the Syrian Arab Republic, and with the Special Rapporteur on the situation of human rights in Myanmar.
Paulo Sérgio Pinheiro, Chairperson of the Independent International Commission of Inquiry on the Syrian Arab Republic, said they were on the cusp of the eleventh grim year of the crisis in the Syrian Arab Republic. With the anniversary of this lamentable and preventable ten-year tragedy only four days away, Syria remained a tinderbox. While the March 2020 ceasefire had resulted in a significant decline in hostilities, it had only been a relative reduction from peaks of suffering inflicted at the beginning of last year. The Government of Syria’s forces continued to arbitrarily arrest, torture and summarily execute detainees, committing war crimes and crimes against humanity, as did the terrorist organizations such as Hay'at Tahrir al-Sham and the Islamic State of Iraq and the Levant. It was far past time to finally put Syrians first – and expend every effort to support a peaceful, negotiated resolution to the conflict, beginning with an immediate nation-wide ceasefire.
Syria, speaking as a country concerned, said that over the past 10 years the Council had heard many reports by the Commission of Inquiry that were full of misinformation. They all had a view to bolster a bad stereotype about the Syrian Government. Syria had also been targeted through a blockage on its economic sector, and this situation had been compounded by COVID-19. All this had been aimed at providing certain States with a pretext to attack Syria. Despite all efforts, Syria faced political agendas and the imposition of unilateral coercive measures. The Commission of Inquiry did not mention these unilateral coercive measures. The Syrian Government denied the accusations contained in the Commission’s briefing and reports, which confirmed its biased approach. Syria had never recognized the one-sided mandate of this Commission of Inquiry, created without consulting the concerned State, and urged the Council not to renew it.
In the ensuing discussion, speakers strongly condemned the acts committed by the Syrian regime that amounted to crimes against humanity and genocide. Only a political solution in line with United Nations Security Council resolution 2254 could lead Syria towards sustainable peace. A nationwide and permanent ceasefire was needed to prevent increasing levels of inhuman violations. Any peaceful resolution to the conflict had to ensure that displaced persons and refugees were allowed to return home - this was of utmost importance. Other speakers expressed serious concern about the politicised nature of this process, noting the progress made by the Syrian Government in its fight against terrorism. Unilateral coercive measures against Syria had caused significant harm to the population and must be stopped.
Speaking were European Union, Denmark on behalf of a group of countries, Croatia on behalf of a group of countries, Kuwait, Qatar, Germany, Jordan, Israel, Brazil, Russian Federation, Iraq, France, Greece, Ecuador, Japan, Australia, Netherlands, Switzerland, Venezuela, Iran, Democratic People's Republic of Korea, Belgium, Malta, United States, Egypt, Romania, Bahrain, Spain, Chile, Albania, Belarus, China, Italy, United Kingdom, United Arab Emirates, Turkey, Cyprus, Ireland, Georgia, UN Women, Sri Lanka, Uruguay, Cuba, Austria, Nicaragua, Philippines and Armenia.
The following civil society organizations also took the floor: International Council Supporting Fair Trial and Human Rights, Women's International League for Peace and Freedom, World Jewish Congress, Physicians for Human Rights, World Evangelical Alliance, Cairo Institute for Human Rights Studies, Palestinian Return Centre Ltd, Christian Solidarity Worldwide, Maat for Peace, Development and Human Rights Association, and Institute for NGO Research.
The Council then held an interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar, who presented a report on the human rights situation before and after the military coup.
Thomas Andrews, Special Rapporteur on the situation of human rights in Myanmar, said that credible reports indicated that, as of today, Myanmar’s security forces had murdered at least 70 people. The junta was detaining dozens, sometimes hundreds, every day. Myanmar was controlled by a murderous, illegal regime. Its current leadership perpetrated the atrocity crimes that were the focus of the charge of genocide before the International Court of Justice. He urged Member States to take decisive, and coordinated action as a coalition of nations - an emergency Coalition for the People of Myanmar. They needed to stop the flow of revenue into the illegal junta’s coffers and impose multilateral sanctions on both senior junta leaders and their major sources of revenue. Coalition Member States should also outlaw the export of arms to the Myanmar military. States must stop the flow of humanitarian aid through the junta and work directly with local civil society and aid organizations. States were urged to deny recognition of the military junta as the legitimate government.
Myanmar, speaking as a country concerned, said successive Governments of Myanmar had cooperated with the country-specific Special Rapporteurs and accepted almost of all of their proposed country visits with the aim of explaining the situation on the ground in the country in a balanced manner. After observation of voter list irregularities that could point to voter fraud in the general elections held on 8 November last year, Tatmadaw had announced its findings and requested the previous Union Election Commission to resolve it. However, all these requests had been ignored. The acting President had declared a state of emergency for one year on 1 February in accordance with Section 417 of the State Constitution and transferred the legislative, executive and judicial powers to the commander-in-Chief of the Defence Services. The authorities had been exercising utmost restraint to deal with violent protests. Tatmadaw did not want to stall the nascent democratic transition in the country and had already expressed its commitment to restore the democratic system and maintain the democratic transition in accordance with the existing State Constitution.
In the ensuing discussion, speakers condemned the military coup and said that the military must immediately stop the use of force against civilians. Perpetrators of the coup must be held accountable for the human rights violations. The junta was urged to end the state of emergency and release the President, the State Counsellor, and all those arbitrarily detained. Acts committed since 1 February might amount to serious human rights violations and crimes against humanity. Some States said they were ready to adopt restrictive measures targeting those directly responsible, while avoiding measures which could adversely affect the people. The COVID-19 pandemic had exacerbated the crisis. One delegation said attempts to place the examination of the situation in Myanmar under the field of human rights was unjustified. Rather, it was up to the international community to help Myanmar get through the current difficult phase of its development, without closing communication channels and without suspending cooperation.
Speaking were United Kingdom, European Union, Lithuania on behalf of a group of countries, Pakistan on behalf of Organization of Islamic Cooperation, Germany, Libya, Russian Federation, Philippines, France, Maldives, Malaysia, Saudi Arabia, Japan, Australia, Netherlands, Sweden, Indonesia, Venezuela, Switzerland, Belgium, Republic of Korea, India, United States, Thailand, Lao People's Democratic Republic, Spain, Croatia, Albania and China.
At the end of the meeting, Lebanon, Turkey and Syria spoke in right of reply.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-sixth regular session can be found here.
The Council will next meet at 10 a.m. on Friday, 12 March to continue the interactive dialogue with the Commission on Human Rights in South Sudan. It will then hear the presentation of the report of the High Commissioner for Human Rights on the Democratic People’s Republic of Korea, and the oral update by the Secretary-General on progress made in the implementation of follow-up action to enable more effective work in the future and to strengthen the prevention capacity of the United Nations system, followed by a general debate on agenda item 4 on human rights violations that require the Council’s attention. The interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar will resume at 3 p.m. tomorrow.
Interactive Dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic
Report
The Council has before it the report of the Independent International Commission of Inquiry on the Syrian Arab Republic A/HRC/46/54 on key recurrent human rights concerns over the course of the conflict and continuing trends
Presentation of Report
PAULO SÉRGIO PINHEIRO, Chairperson of the Independent International Commission of Inquiry on the Syrian Arab Republic, reminded the Council that they were on the cusp of the eleventh grim year of the crisis in the Syrian Arab Republic. With the anniversary of this lamentable and preventable ten-year tragedy only four days away, Syria remained a tinderbox. While the March 2020 ceasefire had resulted in a significant decline in hostilities, it had only been a relative reduction from peaks of suffering inflicted at the beginning of last year. Airstrikes by a multitude of parties across Syria continued, purportedly aimed at military targets. Several such attacks had resulted in damage to civilian infrastructure, with civilian casualties and deaths, including the deaths of humanitarian workers in the northwest of the country and in Deir-ez-Zor. In the south of the country, particularly in Dara’a, targeted killings of civilians continued. The Government of Syria’s forces continued to arbitrarily arrest, torture and summarily execute detainees, committing war crimes and crimes against humanity, as did the terrorist organizations such as Hay'at Tahrir al-Sham and the Islamic State of Iraq and the Levant.
Tens of thousands of people who were detained remained disappeared, and the Commission urged the Government and other parties to take urgent steps to reveal their fate. A decade in, the civilians - children, women and men - of Syria continued to suffer the brunt of this conflict. Terrorist groups proliferated and inflicted their ideology on the people, while half the pre-war population had been displaced, many repeatedly - it was time to recognise that military solutions in Syria by all parties had led to a decade of death, denial and destruction. The warring parties had willingly prioritized territorial control and minimised risks to their own while disregarding the lives and the rights of civilians. There was a dire need for international attention to address the grim situation of impunity that prevailed in the Syrian conflict. The great courage and ingenuity of Syrian victims and activists, and the determination of some Member States to bring cases where they could, was commendable. It was far past time to finally put Syrians first – and expend every effort to support a peaceful, negotiated resolution to the conflict, beginning with an immediate nation-wide ceasefire.
Statement by Country Concerned
Syrian Arab Republic, speaking as a country concerned, said that over the past 10 years the Council had heard many reports by the Commission of Inquiry that were full of misinformation. They all had a view to bolster a bad stereotype about the Syrian Government. Instead of addressing the challenges facing the Syrians, including the humanitarian crisis, Syria had been a target of an organized campaign of disinformation by regional parties. Syria had also been targeted through a blockage on its economic sector, and this situation had been compounded by COVID-19. All this had been aimed at providing certain States with a pretext to attack Syria. For a decade, Syria had been meeting its obligation to protect Syrians from terrorist groups and against the Israeli, American and Turkish occupations. The report of the Commission of Inquiry ignored attacks against Syria’s territorial integrity. In the north-eastern part of the country, an American occupation was in place, plundering crops that were transported to other countries, and hindering humanitarian supplies. A camp was used to train armed groups. Western countries refused to withdraw their mercenaries, using the humanitarian nature of the situation in Syria as a pretext. Turkey was giving protection to a separatist terrorist group and civilians were used as human shields and were prohibited from going through humanitarian corridors provided for by the State. Turkey was using mercenaries and terrorists for the benefit of its own territorial goals and was adopting a systematic “Turkeysation” in the northern part of Syria.
After the restoration of security in most parts of Syria, the rebuilding had begun as well as the return of internally displaced persons. This was the national priority. Despite all efforts, Syria faced political agendas and the imposition of unilateral coercive measures. Their aim was to starve the Syrian people and to punish them for their political choices. Syria called on these parties to lift these coercive measures which violated human rights and impeded the work of international humanitarian organizations. The Commission of Inquiry did not mention these unilateral coercive measures. The Syrian Government denied the accusations contained in the Commission’s briefing and reports, which confirmed its biased approach. Syria had never recognized the one-sided mandate of this Commission of Inquiry, created without consulting the concerned State, and urged the Council not to renew it.
Interactive Dialogue
Speakers strongly condemned the acts committed by the Syrian regime that amounted to crimes against humanity and genocide. Only a political solution in line with United Nations Security Council resolution 2254 could lead Syria towards sustainable peace. Speakers expressed agreement with the Commission that a nationwide and permanent ceasefire was needed to prevent increasing levels of inhuman violations. The flagrant violations of international humanitarian law and international human rights law in the Syrian conflict, especially arbitrary attacks targeting civilians using outlawed weapons by all parties in the conflict, were concerning. Any peaceful resolution to the conflict had to ensure that displaced persons and refugees were allowed to return home - this was of utmost importance. The Syrian National Dialogue Congress in Sochi could serve as a roadmap for the path ahead. Many speakers expressed deep concern that March 2021 marked 10 years since the start of the conflict. The regime bore the chief responsibility for the tragedy that was unfolding in the country, said speakers who condemned torture, child recruitment, rape and acts of sexual and gender-based violence by all parties.
Other speakers expressed serious concern about the politicised nature of this process, noting the progress made by the Syrian Government in its fight against terrorism. Unilateral coercive measures against Syria had caused significant harm to the population and must be stopped. The Commission’s report was a devastating reminder of the scale of suffering being experienced by the Syrian people. What were the current obstacles to advancing accountability efforts? Reports of social and demographic engineering, particularly in northeast Syria, were concerning. The issue of detainees represented a generational trauma that would affect Syrians for decades to come; sexual and gender-based violence was often used as a tactic against those detained. Safe, unhindered and sustained humanitarian access to all those in need must be allowed. An independent and gender sensitive reparations programme was required to bring justice to victims. Islamic State of Iraq and the Levant had carried out a genocidal campaign against the Yazidis and Yazidi women and girls in particular, committing violations that could amount to crimes against humanity. The Syrian Ministry of Justice’s rejection of the Yazidi community’s request for legal recognition was regrettable, as it denied them permission to establish courts to resolve civil and personal matters. The intentional targeting of health workers was concerning - the detention of every doctor and health worker posed greater risks to the population at large, especially during the pandemic.
Concluding Remarks
PAULO SÉRGIO PINHEIRO, Chairperson of the Independent International Commission of Inquiry on the Syrian Arab Republic, expressed his condolences over the untimely death of Ambassador Peter Matt of Liechtenstein and yielded his time to his colleagues.
Mr. Pinheiro, reading out concluding remarks by KAREN KONING ABUZAYD, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, who was experiencing technical difficulties, highlighted key observations and recommendations: more must be done to free the arbitrarily detained and release information on the missing. Basic respect must be shown.
HANNY MEGALLY, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, noted that regarding accountability, the Commission had developed good practices for cooperation between national and international mechanisms. The way requests were treated and processed was very important to avoid the appearance of political influence on decision making. Regarding obstacles to accountability efforts, the lack of accountability on the ground and non-action by all parties to the conflict was a clear example. Mr. Megally called on Member States to repatriate their nationals involved with the Islamic State and conduct clear and transparent investigations into the conduct of their own forces that had participated in the conflict. The United Nations had great examples to follow on counting casualties, such as its operation in Afghanistan - there, access had been given to local actors, therefore pushing for access was very important. It was important to allow Syrians to tell their stories on these international platforms. Parties must come together to move forward on a joint agenda.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Myanmar
Report
The Council has before it the report of the Special Rapporteur on the situation of human rights in Myanmar A/HRC/46/56 on the human rights situation before and after the military coup
Presentation of Report
THOMAS ANDREWS, Special Rapporteur on the situation of human rights in Myanmar, said that credible reports indicated that, as of today, Myanmar’s security forces had murdered at least 70 people. The junta was detaining dozens, sometimes hundreds, every day. The total number of arbitrary arrests since 1 February had risen beyond 2,000, and the violence against protesters was steadily increasing. There was extensive video evidence of security forces viciously beating protesters, medics and bystanders, destroying property, and firing indiscriminately into people’s homes. Myanmar was being controlled by a murderous, illegal regime. Its current leadership perpetrated the atrocity crimes that were the focus of the charge of genocide before the International Court of Justice. As documented in the annex to the report, the crimes against Rohingya people continued. Throughout 2020, security forces had engaged in torture, murder, and enforced disappearances of Rohingya, killing at least 33, in violation of the International Court of Justice’s Provisional Measures Order. Since the coup, the Myanmar military had attacked and forcibly displaced several thousand members of ethnic nationalities from their homes. Yesterday, the Security Council had released a statement expressing concern about Myanmar.
The people of Myanmar needed not only words but supportive action by the international community. Member States were urged to commit to taking decisive, and coordinated action as a coalition of nations - an emergency Coalition for the People of Myanmar. They needed to stop the flow of revenue into the illegal junta’s coffers and impose multilateral sanctions on both senior junta leaders and their major sources of revenue, including military owned and controlled enterprises and the Myanmar Oil and Gas Enterprise. Myanmar’s natural gas projects would generate an estimated $1 billion in revenue this year. Without sanctions, the illegal military junta in Myanmar would be able to use these funds to support their criminal enterprise. Coalition Member States should also outlaw the export of arms to the Myanmar military. Forty-one States had already imposed embargos. States must initiate investigations of ongoing crimes. They must stop the flow of humanitarian aid through the junta and work directly with local civil society and aid organizations. States were urged to deny recognition of the military junta as the legitimate government.
Statement by Country Concerned
Myanmar, speaking as a country concerned, said that Myanmar consistently opposed country-specific mandates which ran contrary to the principles of universality, impartiality, objectivity, non-selectivity and non-politicization in addressing human rights issues of the country concerned. However, the successive Governments had cooperated with the country-specific Special Rapporteurs and accepted almost of all of their proposed country visits with the aim of explaining the situation on the ground in the country in a balanced manner. After observation of voter list irregularities that could point to voter fraud in the general elections held on 8 November last year, the Tatmadaw had announced its findings and requested the previous Union Election Commission to resolve it. The findings had revealed that out of 38 million voter lists issued by the Union Election Commission, about 10.48 million or 25 per cent would lead to cases of vote rigging, such as persons voting more than once, or voting by underage persons. The Tatmadaw had made complaints several times to address this issue, called for the postponement of the new Hluttaw Session, and requested the President to hold the National Security and Defence Council. However, all these requests had been ignored.
The acting President had declared a state of emergency for one year on 1 February in accordance with Section 417 of the State Constitution and transferred the legislative, executive and judicial powers to the commander-in-Chief of the Defence Services. The authorities had been exercising utmost restraint to deal with violent protests. Since 8 February 2021, the authorities had imposed section 144 of the Criminal Procedure which prohibited gatherings of five or more people in public places in 146 townships where violent protests and riots had created disturbances to the public order and the rule of law. In conclusion, Myanmar was now undergoing extremely complex challenges and a delicate situation. Tatmadaw did not want to stall the nascent democratic transition in the country and had already expressed its commitment to restore the democratic system and maintain the democratic transition in accordance with the existing State Constitution.
Interactive Dialogue
Speakers condemned the military coup and said that the military must immediately stop the use of force against civilians. Perpetrators of the coup must be held accountable for the human rights violations. The junta was urged to end the state of emergency and release the President, the State Counsellor, and all those arbitrarily detained. Acts committed since 1 February might amount to serious human rights violations and crimes against humanity. States said they were ready to adopt restrictive measures targeting those directly responsible, while avoiding measures which could adversely affect the people. The COVID-19 pandemic had exacerbated the crisis. Myanmar was urged to fully cooperate with all relevant United Nations mechanisms and to immediately grant them full and safe humanitarian access to the entire country, in particular to areas with internally displaced persons. COVID-19 had had a particularly negative effect on the Rohingya population. The citizenship of Rohingya had to be restored and immediate repatriation of forcibly displaced from Bangladesh was called for. One delegation said attempts to place the examination of the situation in Myanmar under the field of human rights was unjustified. Rather, it was up to the international community to help Myanmar get through the current difficult phase of its development, without closing communication channels and without suspending cooperation.
Speakers welcomed a recent meeting of the Foreign Ministers of the Association of Southeast Asian Nations who called for a peaceful solution, through constructive dialogue and practical reconciliation. Some States called for the military to exercise restraint. There was an urgent need for international action to address the crisis. The prompt and unconditional release of Daw Aung San Suu Kyi, U Win Myint and other political leaders was requested. Authorities must provide the necessary space for peaceful assemblies as well as freedom of speech and expression for its citizens. The generous acceptance of displaced persons by Bangladesh was highly appreciated. States recalled the International Court of Justice’s provisional measures order, the ongoing International Criminal Court investigation and the work of the Independent Investigative Mechanism for Myanmar.
HRC21.037E