Wednesday, June 8, 2011

EU Draft on Syria - June 8th, 2011

Today a draft resolution on Syria by the UK, supported by the EU and the US, was circulated in the Council and the Turtle Bay blog and the Inner City Press have made it available to general public. Amidst reports that Russia, China and Brazil are opposed to it, it will be debated in the future on the Council.


The draft resolution has a suave tone towards Syria and acts closely to the UN tradition of to suspend judgement on the situation on the ground and condemn actions rather than actors. That said, the draft express its concern with the situation in Syria and condemns the violence and use of force against the population. It calls on Secretary-General’s statements on the violence and humanitarian needs and constructs upon the request of the Office of the High Commissioner for Human Rights for a mission to be sent to Syria. It is grounded on a resolution from the Human Rights Council (A/HRC/RES/S-16/1 of April 29th, 2011) and on a May 22nd, 2011 statement from the Organization of the Islamic Conference concerned with the escalation of violence in Syria. It suspends judgement, while acknowledging that the attacks being committed by Syrian authorities towards its population might account as crimes against humanity, recalling on their responsibility as protector of its population.

The whole draft resolution follows this line of calling out on Syrian authorities to respect their supposed roles, such as allowing an UN humanitarian assessment mission, respecting the freedoms of peaceful assembly and of expression, freedom of the media, follow its stated intention of reform and accountability. Accountability comes into play in the reported discovery of a mass grave in Deraa, as stated in the preamble, and when it comes to the responsibility for the attacks that are taking place. The preamble talks about responsible for attacks, be it from government agents or not, on peaceful protesters and other innocent individuals. At the same that it recognizes that the situation in Syria has the risk of posing a threat to regional peace and stability, not yet international, it states its strong commitment towards Syrian sovereignty, independence and territorial integrity. The draft is not acting under Chapter VII, since they do not recognize the situation as being a threat to international peace and security.

When it comes to the operative clauses, they stay on the same course of trying to investigate the facts, while condemning actions and calling for restoration of some freedoms and services in loco. It condemns systematic violation of human rights and express deep regret at loss of civilian lives. Afterwards the draft demands the cessation of the violence and that steps are take to address legitimate aspirations of the population, without any hint on the line between legitimate and illegitimate aspirations. The bulk of the operative clauses is dedicated to measures that the Syrian authorities ought to be taking, such as acting with restraint when dealing with demonstrators; taking concrete measures to meet legitimate demands from its people; releasing prisoners of conscience and other related prisoners; lift the siege of Deraa and other affected towns, which includes the access of UN’s humanitarian assessment mission; lift restrictions on all forms of media; initiate a credible and impartial investigation on the events that took place; and cooperate with the Office of High Commissioner for Human Rights under the mission to be established according to HRC resolution referred earlier. The calls upon the Syrian authorities are not extraordinary and are really close to what one would expect from a UNSC resolution that is not acting under Chapter VII, not to mention that they are mediated by the Syrian interpretation of legitimate popular demands, prisoners of conscience and other key terms.

The draft closes calling for all State to exercise vigilance when it comes to the supply of arms and related material to the Syrian authorities, language far weaker that anything required for sanctions to be established. It also requests the Secretary-General to report on the developments related to the implementation of the resolution within a fourteen day period. A good initiative to keep the perspective on the situation of the ground and a good mechanisms to remain actively seized of the matter as they call for in the end of the draft.

All in all, the draft presented by the European members is within the realms of past UN actions and does not push the envelope on the elements that it calls upon. Quite the opposite, it works from previous actions from the Human Rights Council and the Organization of the Islamic Conference, hardly bodies known for its unconditional support of the people from countries under non-democratic regimes. The draft resolution itself does not rely on the strongest wordings or mechanisms available at the disposition of the Security Council, but rather reads like a first step to try to ameliorate a deteriorating situation. If that is enough to help the Syrian people is questionable, but undoubtedly it is better than inaction.

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