MORNING - Nearly 12 Years in, the Parties to the Conflict in the Syrian Arab Republic Continue to Perpetrate War Crimes and Violate Basic Human Rights, Commission of Inquiry Tells Human Rights Council
Council Concludes Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in the Russian Federation
The Human Rights Council this morning held an interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic. It also concluded an interactive dialogue with the Special Rapporteur on the situation of human rights in the Russian Federation.
Paulo Sergio Pinheiro, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the present stalemate in Syria was intolerable. The war had not ended; the country remained unsafe for the return of refugees; and Syrian youth were fleeing in droves. Despite diplomatic efforts to stabilise the situation in Syria, including through its re-admission to the League of Arab States, Syrians were suffering from escalating unrest and fighting along multiple frontlines, a near collapse of the economy, and persistent human rights violations and abuses. Nearly 12 years in, the parties to this conflict continued to perpetrate war crimes and to violate basic human rights.
Mr. Pinheiro said during the first half of 2023, Syrians continued to be killed, disappeared, tortured, arbitrarily detained, displaced and dispossessed by the State and three other main actors controlling a third of its territory, including United Nations-designated terrorist group Hayat Tahrir Al-Sham; the opposition Syrian National Army; and the Syrian Democratic Forces in northeast Syria. The report documented attacks and civilian casualties involving Syrian forces and five foreign armies still operating in the country. Across the country, State and non-State actors continued to intimidate and harass activists and journalists. As the economic catastrophe in Syria deepened, States imposing unilateral coercive measures needed to review the impact of these on the lives of Syrian citizens and humanitarian actors.
Syrian Arab Republic, speaking as a country concerned, said the Commission was continuing its biased approach to the situation in Syria, which faced again a litany of contradiction in facts, false information, and other biased conclusions. This Commission was a mere tool of incitement against the Syrian Government and proved Syria’s rightful position of not recognising the Commission nor the resolution on which it was based. The Commission continued to evaluate issues outside its mandate, and ignored matters linked to human rights law that were relevant to the economic and living conditions in the country, such as the imposition of the illegal unilateral coercive measures, acts of aggression perpetrated against it, and the plundering of agricultural crops, violating the enjoyment of the Syrian people of their own natural resources. The withdrawal of the occupying American and Turkish forces was the only way to improve the situation, allowing the return of refugees and internally displaced persons, and the lifting of all illegally imposed unilateral coercive measures on the country.
In the discussion, some speakers said the comprehensive report shed light on persisting practices of arbitrary detention, torture, enforced disappearances and denial of consent for humanitarian access, based on political differences. Speakers were deeply concerned about the continued patterns of alleged crimes against humanity and war crimes committed by the Syrian regime. They were concerned about the renewed outbreak of fighting and its effects on the already dire humanitarian situation, worsened by hindrance of humanitarian access into some areas by the Government and other parties to the conflict. Some speakers emphasised their support for a Syrian-owned and Syrian-led solution to the conflict, rooted in human rights and the respect for Syrian sovereignty and territorial integrity. Country specific initiatives were confrontational and counterproductive. The human rights situation could be better addressed through genuine dialogue and cooperation, with respect for the principles of impartiality, objectivity, non-selectivity and non-politicisation.
At the beginning of the meeting, the Council concluded the interactive dialogue with the Special Rapporteur on the situation of human rights in the Russian Federation, which began yesterday. A summary can be viewed here.
In closing remarks, Mariana Katzarova, Special Rapporteur on the situation of human rights in the Russian Federation, said Russia’s absence from the interactive dialogue yesterday and today was regrettable, as she had hoped they would engage. She called upon Russia to shoulder its international obligations and to work with the mandate to identify human rights solutions to the pressing challenges in the report, through a dialogue. She appealed to the authorities for access to the country, and to be able to communicate with all stakeholders in the Russian Federation, starting with the authorities. She had not lost hope that this would be the next stage in the mandate. She called again for the immediate release of all persons detained on political charges, an end to harassment and misuse of the court system for political purposes, and an end to provisions criminalising dissent, including on the war in Ukraine.
In the discussion, speakers were seriously concerned at drastic steps taken to limit media freedom, noting the systematic crackdown on civil society, independent media and journalists, lawyers, human rights activists, non-governmental organizations labelled as “foreign agents”, and continuous repression against political opposition and critical voices. The judiciary was politicised and corrupted, acting as a repressive body, significantly undermining the rule of law and the protection of human rights in the country, instead of guaranteeing and promoting them. The Russian authorities were urged to stop and reverse the restrictive measures taken to curtail any dissenting voice speaking against the actions of the Government or against the war Russia was waging in Ukraine. Some speakers said the protracted, unwarranted approach towards Russia, perpetuated under the pretext of human rights, was unacceptable. The discussion today was not really to help the Russian Federation, but rather, represented an opportunity for elites to move forward in their geopolitical rivalry.
Speaking in the discussion on Syria were European Union, Estonia on behalf of the Nordic Baltic countries, United Kingdom on behalf of a group of countries, United Arab Emirates, Liechtenstein, Qatar, Italy, Ecuador, Luxembourg, Jordan, Costa Rica, Israel, United States, Türkiye, Egypt, Netherlands, France, Germany, Switzerland, Malta, Iraq, Belgium, Ireland, Georgia, Cyprus, China, Brazil, Zimbabwe, Russian Federation, Ukraine, Australia, Lao People's Democratic Republic, Venezuela, Cuba, Democratic People's Republic of Korea, Albania, Belarus, Iran, Greece, Sudan, Nicaragua and United Kingdom.
Also speaking were Cairo Institute for Human Rights Studies, Centre Zagros pour les Droits de l'Homme, Palestinian Return Centre Ltd, World Jewish Congress, Association Ma'onah for Human Rights and Immigration, Syrian Centre for Media and Freedom of Expression, International Service for Human Rights, World Lebanese Cultural Union, Inc., Maat for Peace, Development and Human Rights Association, and Non c'è pace senza giustizia.
Speaking in the discussion on the Russian Federation were Romania, Australia, United Kingdom, Venezuela, Spain, Bulgaria, Albania, Belarus, Mali, Montenegro, Ukraine, Greece, Iran, Slovakia, Republic of Moldova, Italy, Eritrea, Democratic People's Republic of Korea, Sudan, Syrian Arab Republic, Nicaragua, Netherlands and Cuba.
Also speaking were Human Rights House Foundation, United Nations Watch, Conscience and Peace Tax International, International Federation for Human Rights Leagues, Humanists International, International Bar Association, Advocates for Human Rights, Lawyers' Rights Watch Canada, Amnesty International, and Physicians for Human Rights.
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 fifty-fourth regular session can be found here.
The Council will reconvene at 3 p.m. this afternoon to hold an interactive dialogue with the Special Rapporteur on the situation of human rights in Burundi, followed by an interactive dialogue on the interim oral update of the High Commissioner on the situation of human rights in Belarus. The Council will then hold a closed meeting of the Complaint Procedure.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in the Russian Federation
The interactive dialogue with the Special Rapporteur on the situation of human rights in the Russian Federation started in the previous meeting and a summary can be found here.
Intermediary Remarks by the Special Rapporteur
MARIANA KATZAROVA, Special Rapporteur on the situation of human rights in the Russian Federation, said she was encouraged by the number of remarks on Russia’s policy of shutting down the civic space and suppressing independent voices. She encouraged the development of comprehensive strategies to protect the rights of journalists and independent voices, allowing them to sustain their work when abroad. Many civil society workers had continued to work in Russia, despite great dangers. States must support them and give them visas, to allow them to engage with the world. New laws had made a crime the activities of Russian civil society actors and partners with foreign organizations that were not registered. Better ways must be found to support them and allow them to continue their work.
On women human rights defenders, she had documented many cases where they were criminalised for their legitimate work, disproportionally targeting women, in particular those who had raised their voices against the war. Women who courageously protested the aggressive mobilisation in the most remote areas faced harassment and violence by law enforcement officers. No perpetrators had been held accountable for egregious violations of their rights.
On people detained on politically motivated grounds, Russia had failed to provide answers to letters sent by the Special Rapporteur and other mechanisms calling for a transparent and independent review of these cases. Harsh conditions of detention, including solitary confinement and lack of access to medical care, constituted torture and ill treatment of these persons. The impunity provided a fertile ground for further continuation of these practices, and she had received credible reports of these, including sexual violence perpetrated against both men and women by law enforcement officials. These cases had not been investigated, and victims seeking redress faced reprisals.
Discussion
In the discussion, some speakers welcomed the first report of the Special Rapporteur, which, despite the lack of cooperation from the Russian authorities, demonstrated the serious deterioration of the human rights situation in the country, justifying the renewal of her mandate. The report verified pervasive patterns of the repressive violations of human rights in the Russian Federation over the past two decades, with an unprecedented escalation since Russia’s war of aggression against Ukraine in February 2022.
One speaker noted that the report highlighted how Russia’s criminal leadership waged war not only against Ukraine, but also against its own people. Speakers were seriously concerned at drastic steps taken to limit media freedom, noting the systematic crackdown on civil society, independent media and journalists, lawyers, human rights activists, and non-governmental organizations labelled as “foreign agents”, and continuous repression against political opposition and critical voices. Critical voices, dissents, or any opposition to the Government, including anti-war pronouncements and support for Ukraine, were gravely muzzled and sanctioned.
The judiciary was politicised and corrupted, acting as a repressive body, significantly undermining the rule of law and the protection of human rights in the country, instead of guaranteeing and promoting them. The culture of impunity amplified the climate of fear and repression. Some speakers condemned the politically motivated prosecution of those who opposed Russia’s illegal invasion, including Vladimir Kara-Murza, Alexei Navalny, Ilya Yashin and Maria Ponomarenko. Speakers were also seriously concerned by Russian propaganda, which promoted hatred and violence against Ukrainians.
A number of speakers said that these human rights violations were not fair responses in a democratic society. The Russian people had the right to benefit from a strong civil society that fulfilled its crucial role in ensuring accountability and access to information. The Russian authorities were urged to stop and reverse the restrictive measures taken to curtail any dissenting voice speaking against the actions of the Government or against the war Russia was waging in Ukraine. Russia should fully cooperate with the Special Rapporteur, as well as with all Special Procedures related to the human rights situation in the Russian Federation.
Some speakers said the protracted, unwarranted approach towards Russia, perpetuated under the pretext of human rights, was unacceptable. The resolution imposed a hostile monitoring mandate against the Russian Federation, used by hegemonic countries as a political instrument. The report was biased and subjective, drawn up from clandestine sources. It was without any credibility and did not present anything new outside of the West’s Russian narrative. The discussion today was not really to help the Russian Federation, but rather, represented an opportunity for elites to move forward in their geopolitical rivalry.
These speakers emphasised that they rejected interference in the internal affairs of sovereign States, represented by the imposition of hostile mandates, which violated the principles of universality, impartiality, objectivity and non-selectivity, which governed the work of the Council. They expressed support for the Russian Federation and called for an immediate cessation of the destructive approach, respecting provisions of the Charter and international law. Speakers also commended the Russian Government’s commitment to human rights, and underlined the fact that the Russian Federation was a party to seven of the nine major international treaties for the promotion and strengthening of human rights.
Some speakers asked the Special Rapporteur, in the context of the Russian Government’s failure to engage with her mandate, how could the Council promote the upholding of Russians’ fundamental rights, particularly freedom of expression? Could the Special Rapporteur elaborate more on the climate of impunity, identified with regards to perpetrators of violence against women in Russia? How could the repressed civil society and media in the Russian Federation be better supported?
Concluding Remarks
MARIANA KATZAROVA, Special Rapporteur on the situation of human rights in the Russian Federation, said domestic violence was not criminalised in Russian legislation, and this was a worrying situation, in the light of continued allegations of the practice, including sexual violence, which was prevalent in the Russian Federation. She was also concerned about violence against women in the Caucuses, including harmful traditional practices and the lack of will to apply federal legislation. On lesbian, gay, bisexual, transgender, queer, intersex plus persons and their treatment, human rights defenders were facing the most repression when aiding these people: threats and discrimination were common and even stricter legislation had been enacted since February 2022.
On freedom of expression, the World Press Freedom Index had Russia on 164th place out of 180, categorising the situation as very serious. In terms of conscientious objection to military service, her recommendation for the authorities was to respect this right in law and in practice and find unhindered access to alternative forms of service for both conscripts and members of the armed forces.
Attention must be paid to the practices of forced mobilisation among the indigenous communities and religious and ethnic minorities in distant areas of Russia. Russia’s absence from the interactive dialogue yesterday and today was regrettable, as she had hoped they would engage, but she called upon Russia to shoulder its international obligations and to work with the mandate to identify human rights solutions to the pressing challenges in the report, through a dialogue. She appealed to the authorities for access to the country, and to be able to communicate with all stakeholders in the Russian Federation, starting with the authorities. She had not lost hope that this would be the next stage in the mandate.
Ms. Katzarova called again for the immediate release of all persons detained on political charges, an end to harassment and misuse of the court system for political purposes, and an end to provisions criminalising dissent, including on the war in Ukraine. She encouraged the international community to support the monitoring work of the United Nations Special Procedure mechanisms.
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/54/58).
Presentation of Report
PAULO SERGIO PINHEIRO, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the present stalemate in Syria was intolerable. The war had not ended; the country remained unsafe for the return of refugees; and Syrian youth were fleeing in droves. Despite diplomatic efforts to stabilise the situation in Syria, including through its re-admission to the League of Arab States, Syrians were suffering from escalating unrest and fighting along multiple frontlines, a near collapse of the economy, and persistent human rights violations and abuses. Nearly 12 years in, the parties to this conflict continued to perpetrate war crimes and to violate basic human rights. During the first half of 2023, Syrians continued to be killed, disappeared, tortured, arbitrarily detained, displaced and dispossessed, by the State and three other main actors controlling a third of its territory, including United Nations-designated terrorist group, Hayat Tahrir Al-Sham; the opposition, Syrian National Army; and the Syrian Democratic Forces in northeast Syria.
The report documented attacks and civilian casualties involving Syrian forces and five foreign armies still operating in the country. The Syrian Army and the Russian Air Force had launched many attacks on the earthquake-affected northwest, resulting in civilian casualties. Airstrikes widely attributed to Israel had killed and injured civilians, and rendered key transport infrastructure inoperable, including in the wake of the February earthquake.
Mr. Pinheiro said recent months also saw civilians killed and injured in attacks occurring between Kurdish-led forces and Türkiye and Turkish-backed militias along frontlines in the northeast. In June, tensions in Dar’a triggered airstrikes by the Syrian Air Force for the first time since 2018. Since the report was finalised in July, civilians continued to be killed in separate incidents in greater Idlib. The central Syria desert, an area controlled by multiple pro-government forces, including pro-Iran militias, witnessed brutal attacks which resulted in the kidnapping and death of scores of civilians, many shot dead at point blank range. In the northeast, the Kurdish Revolutionary Youth continued to abduct boys and girls with a view to integrating them into security forces.
In Al Hawl and Al Rawj camps, living conditions amounted to cruel and inhuman treatment and outrages on personal dignity for an estimated 50,000 people, mainly women and children. Fourteen States had repatriated more than 2,200 foreigners from these camps since the beginning of this year. Such efforts were absolutely critical, as the only human rights compliant solution for foreign nationals in the northeast were repatriations. In June, the self-administration in the northeast expressed its readiness to try an estimated 2,000 foreign men and boys, currently in detention camps, and asked the international community for assistance.
Mr. Pinheiro said across the country, State and non-State actors continued to intimidate and harass activists and journalists. Protests in Suwayda, now in their fifth week, coincided with growing criticism of public policies across Government areas. As the economic catastrophe in Syria deepened, States imposing unilateral coercive measures needed to review the impact of these on the lives of Syrian citizens and humanitarian actors. The colossal failure at the Security Council to reach a consensus to extend the Bab Al Hawa border crossing in July was a reminder of how politicisation deprived the most vulnerable Syrians of much-needed assistance. While the agreement reached in August between the United Nations and the Government of Syria to temporarily re-open border crossings was welcome, such temporary arrangements constrained the humanitarian response.
The Commission noted the announcement by the International Court of Justice that it would hold public hearings concerning the proceedings against the Syrian Arab Republic under the Convention against Torture. The Commission also welcomed the General Assembly’s June decision to create the dedicated Independent Institution on Missing Persons, in line with the wishes and advocacy of Syrian family associations and women’s organizations. It was expected that the Government and those who held information on Syria’s tens of thousands of missing, proactively engaged with this new institution. Urgent responses from the international community were required.
Statement by Country Concerned
Syrian Arab Republic, speaking as a country concerned, said in each Council session certain countries imposed politicised, selective and non-objective meetings and mandates, targeting certain countries without any link or outcome to the protection and promotion of human rights, as was happening today. Shortly, there would be statements from these countries that considered the Council as nothing but a tool to serve their political ends. The Commission was continuing its biased approach to the situation in Syria, which faced again a litany of contradiction in facts, false information, and other biased conclusions, which was shameful from a professional perspective.
This Commission was a mere tool of incitement against the Syrian Government and proved Syria’s rightful position of not recognising the Commission nor the resolution on which it was based. The Commission continued to evaluate issues outside its mandate, and ignored matters linked to human rights law that were relevant to the economic and living conditions in the country, such as the imposition of the illegal unilateral coercive measures, acts of aggression perpetrated against it, and the plundering of agricultural crops, violating the enjoyment of the Syrian people of their own natural resources. Syria reiterated its firm commitment of continuing to enhance access to aid to those within its country, and had granted access to certain United Nations bodies to the country to deliver such aid. Terrorist organizations had prevented this aid from accessing territories: it was ironic that there was no condemnation of this by the Commission.
The humanitarian situation could never be consistent with the continued blatant exploitation of these events. The withdrawal of the occupying American and Turkish forces was the only way to improve the situation, allowing the return of refugees and internally displaced persons, and the lifting of all illegally imposed unilateral coercive measures on the country. Syria reminded delegations to remember the request that a respectful manner was required at the Council and to not address countries in an inappropriate manner.
Discussion
In the discussion, some speakers expressed support for the work of the Commission of Inquiry and reiterated their full support for its mandate. The comprehensive report shed light on persisting practices of arbitrary detention, torture, enforced disappearances and denial of consent for humanitarian access, based on political differences. Many speakers shared the concern of the Commission that grave violations of human rights and humanitarian law continued across the country.
Speakers were deeply concerned about the continued patterns of alleged crimes against humanity and war crimes committed by the Syrian regime. Twelve years into the conflict, the status quo in Syria remained unacceptable, as all actors on the ground continued to violate systematically their obligations under international human rights and humanitarian law. The Syrian authorities, assisted by both State and non-State actors, had unleashed a reign of terror, using bullets, bombs, and even chemical weapons to smother the spirit of the Syrian people.
Some speakers were concerned about the renewed outbreak of fighting and its effects on the already dire humanitarian situation, worsened by hindrance of humanitarian access into some areas by the Government and other parties to the conflict. Violations of human rights affected returnees, with speakers echoing the call that the Syrian Arab Republic remained unsafe for returnees. It was alarming that several parties to the conflict continued to use the practices of arbitrary and incommunicado detention and enforced disappearance. All parties needed to end these degrading and dehumanising practices. Speakers also condemned the ongoing practice of child recruitment, particularly in the area controlled by the Syrian Democratic Forces in the northeast.
A number of speakers welcomed the recent establishment of the Independent Institution on Missing Persons and demanded a prompt implementation, to assist families in the search of their missing relatives. It was time to finally provide answers to the families of all those who went missing or disappeared during the conflict in Syria. The institution of proceedings by Canada and the Netherlands at the International Court of Justice was hailed as an important step towards accountability. To ensure accountability for international crimes, on a level of individual criminal responsibility, the Security Council needed to refer the situation in Syria to the International Criminal Court.
Speakers reiterated the need to cease all indiscriminate and direct attacks on civilians, and end torture and other cruel, inhuman, or degrading treatment or punishment. There needed to be a comprehensive ceasefire, and a political solution, in line with United Nations Security Council resolution 2254. Speakers called on all parties to the conflict to facilitate the delivery of humanitarian assistance to those in need. The Syrian authorities were urged to create the conditions for voluntary, safe and dignified return of refugees.
Some speakers thanked the Commission for drawing attention to the negative impact of unilateral coercive measures on the civilian population. The Special Rapporteur on the negative impact of unilateral coercive measures on human rights had visited Syria last year and had noted the devastating impact of illegitimate sanctions on the humanitarian situation in Syria and key sectors of its economy.
A number of speakers said that the United States and Great Britain had imposed these measures on the people of Syria, fundamentally violating their rights. These countries should respect the sovereignty of the Syrian Arab Republic and lift these unilateral coercive measures.
Some speakers emphasised their support for a Syrian-owned and Syrian-led solution to the conflict, rooted in human rights and the respect for Syrian sovereignty and territorial integrity. Country specific initiatives were confrontational and counterproductive. The human rights situation could be better addressed through genuine dialogue and cooperation, with respect for the principles of impartiality, objectivity, non-selectivity and non-politicisation.
Speakers asked the Commission: what more could be done to help the Syrian people? What further action could be taken by the international community to end the recruitment and use of Syrian children by armed actors? How could States most effectively encourage parties to the conflict to engage with United Nations Security Council resolution 2254?
Concluding Remarks
LYNN WELCHMAN, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the States involved in the conflict should ensure that their allies at all times respected international human rights and international humanitarian law, by providing, among other things, training. Syrian civil society must be supported: women’s groups, refugees’ rights groups and others had been absolutely critical to the work of the Commission and other bodies. States must continue to support the work of Syrian women’s rights organizations and others that fought the range of discrimination faced by women and girls, including in such areas as poverty. All organizations providing humanitarian relief, including medical services, must be supported, both in and out of the country. Syria must be kept as a high-priority issue - it was an awful crisis, and ongoing, and all must help to ensure an end to it.
HANNY MEGALLY, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said there had been a focus on the refugee crisis in questions, and the question around the Syrian State picking up returnees to Syria - there may be legitimate reasons for this, the problem was what happened to them, and if there was torture, arbitrary detention or disappearance, this was an issue which the Commission had to investigate. With regard to conducive situations on the ground for refugees to return in safety, this was related to the economic situation. The international community could again be of help in this context, but there should be some form of international monitoring of returns, such as by the United Nations High Commissioner for Refugees, who could monitor returnees and what happened to them on return. Today these conditions did not exist, and that was why the Commission said Syria was not yet safe for return. On ways to end the economic decline, the Commission was not an expert in that field, but there were two aspects to the issue: if there was rule of law within the country, an end to corruption, an end to abusive laws relating to foreign currency, this would help; on the outside of the country, international aid should be provided unfettered, without hindrance, on a scale that met the needs.
PAULO SERGIO PINHEIRO, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said with regard to how victims and families could best be represented, the driving force lay in family and women’s organizations. He thanked all for the dialogue. He reiterated one main point: the conflict in Syria was not over, it was far from over, and in some places, it was getting worse. The Syrian people continued to suffer every day. Turning one’s back on them or letting the status quo continue could add to increasing their present misery.
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
HRC23.122E