A/RES/76/228 GA
Situation of human rights in the Syrian Arab Republic : resolution / adopted by the General Assembly
76
Session
93
Yes
16
No
52
Abstentions
| Draft symbol | A/C.3/76/L.31/Rev.1 |
|---|---|
| Adopted symbol | A/RES/76/228 |
| Category | SOCIAL CONDITIONS AND EQUITY |
| P5 Positions |
|
| UN Document | A/RES/76/228 ↗ |
Vote Recorded Vote — A/76/PV.54
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Angola
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Armenia
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Bahamas
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Bangladesh
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Brunei Darussalam
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Egypt
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Grenada
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Guinea
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Guyana
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Lebanon
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Lesotho
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Libya
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Madagascar
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Mali
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Mauritius
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Mongolia
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Philippines
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Singapore
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Somalia
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South Africa
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Sudan
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Uganda
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Viet Nam
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Belize
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Equatorial Guinea
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Gabon
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Ghana
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Haiti
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Niger
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Rwanda
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Saint Kitts and Nevis
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Samoa
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Serbia
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Australia
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Austria
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Ecuador
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El Salvador
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Estonia
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Finland
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France
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Georgia
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Germany
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Greece
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Hungary
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Iceland
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Ireland
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Israel
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Jordan
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Kenya
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Latvia
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Maldives
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Malta
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Monaco
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Morocco
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Myanmar
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Netherlands
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Norway
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Palau
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Panama
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Peru
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Poland
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Portugal
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Qatar
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Republic of Korea
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Moldova
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Romania
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San Marino
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Senegal
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Spain
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Suriname
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Sweden
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Türkiye
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Ukraine
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland
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United Republic of Tanzania
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United States of America
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Uruguay
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Yemen
Full text of resolution
United Nations
A/RES/76/228
General Assembly
Distr.: General
10 January 2022
21-19659 (E) 140122
*2119659*
Seventy-sixth session
Agenda item 74 (c)
Promotion and protection of human rights: human
rights situations and reports of special rapporteurs
and representatives
Resolution adopted by the General Assembly
on 24 December 2021
[on the report of the Third Committee (A/76/462/Add.3, para. 34)]
76/228. Situation of human rights in the Syrian Arab Republic
The General Assembly,
Guided by the Charter of the United Nations,
Reaffirming the purposes and principles of the Charter, the Universal
Declaration of Human Rights 1 and relevant international human rights treaties,
including the International Covenants on Human Rights, 2
Reaffirming its strong commitment to the sovereignty, independence, unity and
territorial integrity of the Syrian Arab Republic and to the principles of the Charter,
and demanding that the Syrian regime meet its responsibility to protect the Syrian
population and to respect, protect and fulfil the human rights of all persons within its
territory and subject to its jurisdiction,
Recalling its resolutions 66/176 of 19 December 2011, 66/253 A of 16 February
2012, 66/253 B of 3 August 2012, 67/183 of 20 December 2012, 67/262 of 15 May
2013, 68/182 of 18 December 2013, 69/189 of 18 December 2014, 70/234 of
23 December 2015, 71/130 of 9 December 2016, 71/203 of 19 December 2016,
71/248 of 21 December 2016, 73/182 of 17 December 2018, 74/169 of 18 December
2019 and 74/262 of 27 December 2019, Human Rights Council resolutions S-16/1 of
29 April 2011,3 S-17/1 of 23 August 2011, 4 S-18/1 of 2 December 2011, 5 19/1 of
__________________
1 Resolution 217 A (III).
2 Resolution 2200 A (XXI), annex.
3 See Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 53 (A/66/53),
chap. I.
4 Ibid.
5 Ibid., Supplement No. 53B and corrigendum (A/66/53/Add.2 and A/66/53/Add.2/Corr.1), chap. II.
A/RES/76/228
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1 March 2012,6 19/22 of 23 March 2012,7 S-19/1 of 1 June 2012,8 20/22 of 6 July
2012,9 21/26 of 28 September 2012,10 22/24 of 22 March 2013,11 23/1 of 29 May
2013,12 23/26 of 14 June 2013,13 24/22 of 27 September 2013,14 25/23 of 28 March
2014,15 26/23 of 27 June 2014,16 27/16 of 25 September 2014,17 28/20 of 27 March
2015,18 29/16 of 2 July 2015,19 30/10 of 1 October 2015,20 31/17 of 23 March 2016,21
32/25 of 1 July 2016,22 33/23 of 30 September 2016,23 S-25/1 of 21 October 2016,24
34/26 of 24 March 2017,25 35/26 of 23 June 2017,26 36/20 of 29 September 201727
and 39/15 of 28 September 2018, 28 Security Council resolutions 1325 (2000) of
31 October 2000, 2042 (2012) of 14 April 2012, 2043 (2012) of 21 April 2012,
2118 (2013) of 27 September 2013, 2139 (2014) of 22 February 2014, 2165 (2014)
of 14 July 2014, 2170 (2014) of 15 August 2014, 2178 (2014) of 24 September 2014,
2191 (2014) of 17 December 2014, 2209 (2015) of 6 March 2015, 2235 (2015) of
7 August 2015, 2242 (2015) of 13 October 2015, 2254 (2015) of 18 December 2015,
2258 (2015) of 22 December 2015, 2268 (2016) of 26 February 2016, 2286 (2016) of
3 May 2016, 2314 (2016) of 31 October 2016, 2319 (2016) of 17 November 2016,
2328 (2016) of 19 December 2016, 2332 (2016) of 21 December 2016, 2336 (2016)
of 31 December 2016, 2393 (2017) of 19 December 2017, 2401 (2018) of 24 February
2018, 2449 (2018) of 13 December 2018, 2504 (2020) of 10 January 2020,
2533 (2020) of 11 July 2020 and 2585 (2021) of 9 July 2021, and the statements by
the President of the Security Council of 3 August 2011,29 2 October 2013,30 17 August
201531 and 8 October 2019,32
Deploring the fact that March 2021 marked 10 years since the peaceful uprising
and its brutal repression that led to the conflict in the Syrian Arab Republic, which
has had a devastating impact on civilians, including through grave violations and
abuses of international human rights law and violations of international humanitarian
law,
__________________
6 Ibid., Sixty-seventh Session, Supplement No. 53 and corrigendum (A/67/53 and A/67/53/Corr.1),
chap. III, sect. A.
7 Ibid.
8 Ibid., chap. V.
9 Ibid., chap. IV, sect. A.
10 Ibid., Supplement No. 53A (A/67/53/Add.1), chap. III.
11 Ibid., Sixty-eighth Session, Supplement No. 53 (A/68/53), chap. IV, sect. A.
12 Ibid., chap. V, sect. A.
13 Ibid.
14 Ibid., Supplement No. 53A (A/68/53/Add.1), chap. III.
15 Ibid., Sixty-ninth Session, Supplement No. 53 (A/69/53), chap. IV, sect. A.
16 Ibid., chap. V, sect. A.
17 Ibid., Supplement No. 53A and corrigenda (A/69/53/Add.1, A/69/53/Add.1/Corr.1 and
A/69/53/Add.1/Corr.2), chap. IV, sect. A.
18 Ibid., Seventieth Session, Supplement No. 53 (A/70/53), chap. II.
19 Ibid., chap. V, sect. A.
20 Ibid., Supplement No. 53A (A/70/53/Add.1), chap. II.
21 Ibid., Seventy-first Session, Supplement No. 53 (A/71/53), chap. II.
22 Ibid., chap. IV, sect. A.
23 Ibid., Supplement No. 53A and corrigendum (A/71/53/Add.1 and A/71/53/Add.1/Corr.1), chap. II.
24 Ibid., Supplement No. 53B and corrigendum (A/71/53/Add.2 and A/71/53/Add.2/Corr.1), chap. II.
25 Ibid., Seventy-second Session, Supplement No. 53 (A/72/53), chap. II.
26 Ibid., chap. V, sect. A.
27 Ibid., Supplement No. 53A (A/72/53/Add.1), chap. III.
28 Ibid., Seventy-third Session, Supplement No. 53A (A/73/53/Add.1), chap. III.
29 S/PRST/2011/16; see Resolutions and Decisions of the Security Council, 1 August 2011–31 July
2012 (S/INF/67).
30 S/PRST/2013/15; see Resolutions and Decisions of the Security Council, 1 August 2013–31 July
2014 (S/INF/69).
31 S/PRST/2015/15; see Resolutions and Decisions of the Security Council, 1 August 2015–31 December
2016 (S/INF/71).
32 S/PRST/2019/12.
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Strongly condemning the grave human rights situation in the Syrian Arab
Republic, the indiscriminate killing and deliberate targeting of civilians, including
humanitarian workers, including those involving the continued indiscriminate use of
heavy weapons and aerial bombardments, which has caused more than 500,000
fatalities, including the killing of more than 29,000 children, the continued
widespread and systematic gross violations, as well as abuses, of human rights and
violations of international humanitarian law, including by the starvation of civilians
as a method of warfare and the use of chemical weapons, including sarin and chlorine
gas, and sulfur mustard, which are prohibited under international law, and acts of
violence by the Syrian regime that foment sectarian tensions within the Syrian
population,
Noting with grave concern that the Office of the United Nations High
Commissioner for Human Rights has identified 350,209 individuals by full name,
together with an established date of death and location, who were killed in the conflict
in the Syrian Arab Republic between March 2011 and March 2021 and that, of those
identified, 26,727 were women and 27,126 were children, recalling also that the list
compiled by the Office of the United Nations High Commissioner for Human Rights
indicates a minimum verifiable number and is certainly an undercount of the actual
number of killings,
Reiterating that the only sustainable solution to the current crisis in the Syrian
Arab Republic is through an inclusive and Syrian-led political process, under the
auspices of the United Nations, that meets the legitimate aspirations of the Syrian
people in line with Security Council resolution 2254 (2015), with a view to
establishing credible, inclusive and non-sectarian governance, with the full, equal and
meaningful participation and leadership of all women and youth at all levels,
welcoming the establishment of the Constitutional Committee, reaffirming in this
regard the important role of women in the prevention and resolution of conflicts and
in peacebuilding, stressing the importance of their full, equal and meaningful
participation and involvement in all efforts for the maintenance and promotion of
peace and security and their role in decision-making with regard to conflict prevention
and resolution, and recognizing the work carried out by the Special Envoy of the
Secretary-General for Syria to that end,
Recalling its demand that all parties take all appropriate steps to protect
civilians, including members of ethnic and religious communities,
Welcoming the efforts of the Special Envoy to advance United Nations efforts
to achieve a sustainable political solution to the conflict in the Syrian Arab Republic
in line with Security Council resolution 2254 (2015), recalling the importance of
advancing the work of the Constitutional Committee and achieving tangible results,
and in that regard urging all parties to engage meaningfully in the work of the
Constitutional Committee, particularly the Syrian regime, and underlining that a
political solution to the conflict in the Syrian Arab Republic requires full
implementation of all aspects of resolution 2254 (2015), including the holding of free
and fair elections, under the supervision of the United Nations, to the satisfaction of
the governance and to the highest international standards of transparency and
accountability, with all Syrians, including displaced persons, refugees and members
of the diaspora, eligible to participate, as well as the establishment of a neutral and
safe environment, noting that the recent presidential elections held in Syria were
neither free, fair, nor consistent with the political process called for by Security
Council resolution 2254 (2015),
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Reconfirming its endorsement of the Geneva communiqué of 30 June 2012, 33
endorsing the joint statement on the outcome of the multilateral talks on Syria held in
Vienna of 30 October 2015 and the statement of the International Syria Support Group
of 14 November 2015 (the Vienna statements) in pursuit of the full implementation
of the Geneva communiqué, facilitated by the Special Envoy, as the basis for a
Syrian-led and Syrian-owned political transition in order to end the conflict in the
Syrian Arab Republic, and stressing that the Syrian people will decide the future of
the Syrian Arab Republic,
Welcoming the call made by the Secretary-General for a global ceasefire and
that of the Special Envoy for a complete, immediate and nationwide ceasefire
throughout the Syrian Arab Republic, as endorsed by the Security Council in its
resolutions 2532 (2020) of 1 July 2020 and 2565 (2021) of 26 February 2021, and
reaffirming that Member States must ensure that any measures taken to counter
terrorism comply with all their obligations under international law, in particular
international human rights law, international refugee law and international
humanitarian law, while continuing to support legitimate counter-terrorism operations
against Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida
and Hay’at Tahrir al-Sham (formerly known as the Nusrah Front), and all other
individuals, groups, undertakings and entities associated with Al-Qaida or ISIL, and
other terrorist groups, which have been designated by the Security Council,
Urging all parties, particularly the Syrian regime, to engage meaningfully in the
political process under the auspices of the Special Envoy and his office in Geneva, in
line with Security Council resolution 2254 (2015), and including the full, equal and
meaningful participation and representation of women in all efforts and decisions,
welcoming the resumption of the Syrian-led and Syrian-owned Constitutional
Committee convened and facilitated by the Special Envoy in Geneva from 18 to
22 October 2021, urging the regime to engage in the United Nations-facilitated
Constitutional Committee in line with the agreed terms of reference and rules of
procedure, reaffirming the importance of the full implementation of the women, peace
and security agenda of the Security Council, pursuant to Security Council resolution
1325 (2000), and its nine subsequent resolutions, in this regard, and welcoming the
inclusion of civil society in the political process, in particular through the Civil
Society Support Room and Syrian Women’s Advisory Board,
Noting with deep concern the culture of impunity from within the Syrian regime
for the most serious violations of international law and violations and abuses of
human rights law committed during the present conflict, some of which rise to the
level of war crimes and crimes against humanity, which has provided a fertile ground
for further violations and abuses,
Emphasizing the importance of accountability for the most serious crimes in
violation of international law committed during the conflict for ensuring sustainable
peace,
Recalling all relevant resolutions on the safety and security of humanitarian
personnel and the protection of United Nations personnel, including its resolution
73/137 of 14 December 2018, as well as Security Council resolutions on the
protection of humanitarian personnel, including resolutions 2175 (2014) of 29 August
2014 and 2286 (2016) of 3 May 2016, the relevant statements by the President of the
Security Council referring to the specific obligations under international
humanitarian law to respect and protect, in situations of armed conflict, all medical
personnel and humanitarian workers exclusively engaged in medical duties, their
means of transport, equipment, hospitals and other medical facilities, and to ensure
__________________
33 Security Council resolution 2118 (2013), annex II.
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that the wounded and sick receive, to the fullest extent practicable and with the least
possible delay, the medical care and attention required, and condemning attacks
against hospitals and places where the sick and wounded are collected, including
makeshift hospitals, as well as attacks against medical personnel and humanitarian
workers that are in violation of international humanitarian law,
Expressing grave concern at the continued indiscriminate use of force by the
Syrian regime against civilians, which continues to cause immense human suffering
and fomented the spread of violent extremism and violent extremist groups and which
demonstrates the continuing failure of the Syrian regime to protect the population and
implement the relevant resolutions and decisions of United Nations bodies and has
created a safe haven and operating environment for perpetrators of war crimes and
crimes against humanity,
Expressing grave concern also at the remaining presence of violent extremism
and violent extremist groups, terrorists and terrorist groups, and strongly condemning
all violations and abuses of human rights and violations of international humanitarian
law committed in the Syrian Arab Republic by any party to the conflict, in particular
ISIL (also known as Da’esh), Al-Qaida-affiliated terrorist groups, armed groups and
non-State actors, and also the Syrian regime and its allies,
Noting with serious concern the findings of the Independent International
Commission of Inquiry on the Syrian Arab Republic that non-State armed groups still
resort to the use of force against civilians,
Expressing support for the work carried out by the Independent International
Commission of Inquiry on the Syrian Arab Republic, welcoming its reports, strongly
condemning the lack of cooperation by the Syrian regime with the Commission of
Inquiry, reiterating its decision to transmit the reports of the Commission of Inquiry to
the Security Council, expressing its appreciation to the Commission of Inquiry for its
briefings to members of the Security Council, and requesting that the Commission of
Inquiry continue to brief the General Assembly and members of the Security Council,
Reaffirming its condemnation in the strongest possible terms of the use of
chemical weapons by anyone under any circumstances, emphasizing that any use of
chemical weapons anywhere, at any time, by anyone, under any circumstances is
unacceptable and is and would be a violation of international law, and expressing its
strong conviction that those individuals responsible for the use of chemical weapons
must and should be held accountable,
Condemning in the strongest possible terms the fact that chemical weapons have
been used repeatedly in the Syrian Arab Republic, including the instances
independently attributed by the Organisation for the Prohibition of Chemical
Weapons, the Organisation for the Prohibition of Chemical Weapons-United Nations
Joint Investigative Mechanism and the Investigation and Identification Team of the
Organisation for the Prohibition of Chemical Weapons, noting that the Joint
Investigative Mechanism concluded that the Syrian Arab Armed Forces had been
responsible for attacks that released toxic substances in 2014 and 2015 and that ISIL
(also known as Da’esh) had used sulfur mustard in 2015 and 2016, and further
concluded in October 2017 that the Syrian Arab Air Force had been responsible for
the use of chemical weapons on 4 April 2017 in Khan Shaykhun, and noting also that
the Investigation and Identification Team concluded in April 2020 that there were
reasonable grounds to believe that the Syrian Air Force had carried out three chemical
weapons attacks in Ltamenah in March 2017 and further concluded in April 2021 that
there were reasonable grounds to believe the Syrian Air Force had carried out a
chemical weapons attack in Saraqib in February 2018,
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Noting that the work of the Investigation and Identification Team of the
Organisation for the Prohibition of Chemical Weapons is ongoing, and that its report
on the use of a toxic chemical as a weapon in Duma is forthcoming,
Welcoming the decision adopted on 9 July 2020 by the Executive Council of the
Organisation for the Prohibition of Chemical Weapons, 34 in which the Executive
Council condemned the use by the Syrian Arab Republic of chemical weapons in
Ltamenah and requested that the Syrian Arab Republic take steps to redress the
situation, welcoming also the decision adopted on 21 April 2021 by the Organisation
for the Prohibition of Chemical Weapons Conference of the States Parties, 35
addressing the possession and use of chemical weapons by the Syrian Arab Republic
and suspending certain rights and privileges of the Syrian Arab Republic under the
Convention on the Prohibition of the Development, Production, Stockpiling and Use
of Chemical Weapons and on Their Destruction36 until the Director-General of the
Organisation for the Prohibition of Chemical Weapons reports that the Syrian Arab
Republic has completed the measures requested by the Executive Council, and
expressing regret that the Syrian Arab Republic has failed to comply with this request
and demanding that the perpetrators immediately desist from any further use of
chemical weapons,
Welcoming also the reports for 2019, 2020 and 2021 of the International,
Impartial and Independent Mechanism to Assist in the Investigation and Prosecution
of Persons Responsible for the Most Serious Crimes under International Law
Committed in the Syrian Arab Republic since March 2011 37 and their consideration
by the General Assembly, noting with serious concern the observation of the
Commission of Inquiry that, since March 2011, there are reasonable grounds to
believe that the Syrian regime has conducted widespread and systemic attacks against
the civilian population amounting to war crimes and crimes against humanity,
including targeted attacks on protected persons and objects, including medical
facilities, and personnel and transport and blocked humanitarian convoys, as well as
enforced disappearances, torture in detention, arbitrary detentions, summary
executions and other violations and abuses, and underscoring the need for those
allegations to be examined and evidence to be collected and made available for future
accountability efforts,
Strongly condemning the reported killing of detainees in Syrian military
intelligence facilities and the widespread practice of enforced disappearance,
arbitrary detention and the use of sexual and gender-based violence and torture in
detention centres referred to in the reports of the Commission of Inquiry, including,
but not limited to, Branch 215, Branch 227, Branch 235, Branch 251, the Air Force
Intelligence Investigation Branch at Mazzah military airport and Saydnaya prison,
including the practice of mass hangings by the regime, as well as the killing of
detainees at military hospitals, including Tishrin and Harasta hospitals,
Expressing grave concern about all persons missing as a result of the situation
in the Syrian Arab Republic, including those subject to abductions, enforced
disappearance and arbitrary detention, first and foremost by the Syrian regime, noting
the comments of the Commission of Inquiry and the Special Envoy of the Secretary-
General for Syria that tens of thousands of individuals remain missing in the Syrian
Arab Republic, recalling Human Rights Council resolutions 45/3 of 6 October 202038
__________________
34 A/74/959-S/2020/724, enclosure.
35 A/75/871-S/2021/425, enclosure.
36 United Nations, Treaty Series, vol. 1974, No. 33757.
37 A/73/295, A/73/741, A/74/313, A/74/699, A/75/311 and A/75/743.
38 See Official Records of the General Assembly, Seventy-fifth Session, Supplement No. 53A
(A/75/53/Add.1), chap. III.
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and 48/15 of 8 October 202139 and Security Council resolutions 2254 (2015), 2139
(2014) and 2191 (2014) in this regard, and encouraging all parties to enhance
engagement with the Office of the Special Envoy on the issue of arbitrary detention,
as action to address enforced disappearance and arbitrary detention is intrinsically
linked to protecting the rights of all Syrians and a lasting political settlement in the
Syrian Arab Republic,
Recalling the statements made by the Secretary-General, the United Nations
High Commissioner for Human Rights and the special procedures of the Human
Rights Council that crimes against humanity and war crimes are likely to have been
committed in the Syrian Arab Republic, noting the repeated encouragement by the
High Commissioner for the Security Council to refer the situation to the International
Criminal Court, and regretting that a draft resolution 40 was not adopted
notwithstanding broad support from Member States,
Recalling also the report of 6 April 2020 of the United Nations Board of
Inquiry41 into strikes that damaged and destroyed health-care facilities in the north-
west of the Syrian Arab Republic, including sites whose coordinates had been
recorded on the United Nations deconfliction list as a step to ensure that they would
not be targeted or impacted by violence, and which in most instances examined,
concluded that it was “highly probable that the strikes had been carried out by the
Government of the Syrian Arab Republic and/or its allies” and found that health-care
services were being provided at the time of some of the strikes and that there were no
armed opposition groups in or near the facilities, and calling on all parties to adhere
to and comply with the deconfliction mechanism,
Recalling further the report of March 2021 of the Independent International
Commission of Inquiry 42 reporting regime and pro-regime forces’ indiscriminate
bombardment of civilian populated areas and deliberate targeting of hospitals and
medical facilities, and areas with large civilian concentrations, including markets,
schools and neighbourhoods, and concluding that government forces had committed
war crimes and crimes against humanity in the conduct of their use of air strikes and
artillery shelling of civilian areas.
Calling for the immediate repeal of Law No. 10/2018, concerned about the
Syrian regime’s infringement on the housing, land and property of Syrians,
particularly through the dispossession of displaced Syrians’ land and property in the
national legislation and similar measures, which would have a significant detrimental
impact on the rights of Syrians displaced by the conflict to claim their property and
to return to their homes in a safe, voluntary and dignified manner when the situation
on the ground allows it, and expressing concern about reports of armed groups’ abuses
of Syrians’ housing, land and property rights in areas under their control,
Deploring in this regard the existence and application of national legislation, in
particular Law No. 42/2018 and other legislation and practices concerning housing,
land and property rights, which have a significant detrimental impact on the rights of
Syrians displaced by the conflict to claim their property, as evidenced by continuing
reports of widespread demolition of property in areas formerly controlled by the
Syrian opposition as well as the confiscation of property owned by arbitrarily detained
and missing persons throughout the Syrian Arab Republic, calling for the immediate
repeal of that legislation, and stressing the right of everyone, including displaced
Syrians, to not be arbitrarily deprived of their property and that they should be able
to return to their homes in a safe, voluntary and dignified manner when the situation
__________________
39 Ibid., Seventy-sixth Session, Supplement No. 53A (A/76/53/Add.1), chap. IV, sect. A.
40 S/2014/348.
41 See S/2020/278, annex.
42 A/HRC/46/55.
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on the ground allows it, noting in this regard the issuing in September by the Syrian
Ministry of Justice of Circular No. 30 of 2021, which requires prior security approval
in order to obtain judicial power of attorney, an order that risks further
disenfranchisement of displaced people and refugees who rely on power of attorney
to conduct civil administrative affairs,
Expressing concern that the implementation of Security Council resolutions
2139 (2014), 2165 (2014), 2191 (2014), 2254 (2015), 2258 (2015), 2268 (2016),
2286 (2016), 2393 (2017), 2401 (2018), 2449 (2018), 2504 (2020), 2533 (2020) and
2585 (2021) remains unresolved, and noting the urgent need to strengthen efforts to
address the humanitarian situation in the Syrian Arab Republic, including through
protection of civilians and safe, full, immediate, unimpeded and sustained
humanitarian access throughout the Syrian Arab Republic,
Emphasizing that the humanitarian cross-border mechanism remains an
essential and life-saving channel to address the humanitarian needs of a significant
portion of the population of the Syrian Arab Republic, which cannot be reached
through existing operations within the Syrian Arab Republic, and emphasizing the
importance of cross-line operations and also that an immediate and significant
improvement to cross-line access and respect for principled humanitarian action are
essential to prevent further unnecessary suffering and loss of life,
Expressing grave concern at the impact of the COVID-19 pandemic and about
United Nations reports on rising numbers of death notices and burials which seem to
indicate that actual COVID-19 cases in the Syrian Arab Republic far exceed official
figures, recognizing that the pandemic presents a profound challenge to the decimated
health system, socioeconomic and humanitarian situations of the Syrian Arab
Republic, and the disproportionate impacts on women and girls, underlining that the
grave risk posed by COVID-19 heightens the imperative of using every possible
means, including the cross-border mechanism, to reach people in need without
preconditions and discrimination, calling for the provision of humanitarian assistance
to all parts of the Syrian Arab Republic, including in areas where humanitarian needs
are especially urgent, and stressing the importance of accurate and timely data
collection and reporting,
Recalling its commitment to Security Council resolutions 2170 (2014),
2178 (2014) and 2253 (2015) of 17 December 2015,
Alarmed that more than 5.6 million refugees, including more than 3.8 million
women and children, have been forced to flee the Syrian Arab Republic and that
11.1 million people in the Syrian Arab Republic, of whom 6.6 million are internally
displaced, require urgent humanitarian assistance, which has resulted in an influx of
Syrian refugees into neighbouring countries, other countries in the region and beyond,
and alarmed at the risk the situation presents to regional and international stability,
Expressing its profound indignation at the death of more than 29,000 children
and the many more injured since the beginning of the peaceful protests in March 2011,
and at all violations and abuses committed against children, in particular by the Syrian
regime, in contravention of applicable international law, including those involving
their recruitment and use, abduction, killing and maiming and rape and other forms
of sexual and gender-based violence, attacks on schools and hospitals, and denial of
humanitarian access, as well as their arbitrary arrest, detention, torture and ill-
treatment and their use as human shields, and noting in this regard the adoption on
18 July 2019 of the Security Council Working Group on Children and Armed Conflict
conclusions on children and armed conflict in the Syrian Arab Republic 43 as well as
the report of 13 January 2020 of the Independent International Commission of Inquiry
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43 S/AC.51/2019/1.
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entitled “They have erased the dreams of my children: children’s rights in the Syrian
Arab Republic”, and emphasizing that the Syrian regime and its allies must comply
with their applicable international law obligations that are relevant to children,
including under the Convention on the Rights of the Child and the Protocols thereto,
Noting with concern that the Hawl camp currently hosts over 58,000 people,
93 per cent of whom are women and children, including some 35,000 children under
12 years of age who live under extremely challenging conditions,
Recalling with serious concern the findings of the Commission of Inquiry in its
report entitled “Out of sight, out of mind: deaths in detention in the Syrian Arab
Republic”, and its report to the Human Rights Council dated September 2021, 44
noting in this regard the issuing of death notifications of detained individuals by the
Syrian regime, which provides further indication of systematic violations of
international human rights law and international humanitarian law, as well as the
Commission’s reporting in March 2019 and 2021 on the scope and scale of arbitrary
arrests and detention used by government forces as tools of repression that have led
to the custodial deaths of tens of thousands of Syrian civilians and its reporting that
the deaths of thousands of individuals previously detained in Hama, Ladhiqiyah,
Hasakah and Damascus have been confirmed by Syrian regime entities through
certificates of death, and the findings of the Commission in its report of March 2021
entitled “Arbitrary Imprisonment and Detention”, noting that the whereabouts of tens
of thousands of detainees remains unknown and unacknowledged by the Syrian
regime, recalling chilling accounts of detention, killings, disappearances, torture and
inhumane conditions, which the Commission meticulously documented and described
as amounting to crimes against humanity, of extermination, murder, rape or other
forms of sexual and gender-based violence, torture and imprisonment in the context
of the regime’s widespread and systematic detentions, and immediately calling for the
cessation of torture and other cruel, inhuman or degrading treatment or punishment,
and sexual and gender-based violence, in places of detention, and the cessation of all
forms of incommunicado detention, for the release of all persons arbitrarily detained,
for all feasible measures to be taken, under Security Council resolution 2474 (2019)
of 11 June 2019, to search for and reveal the fates of those detained and/or
disappeared, and for the further establishment of an effective channel of
communication with families to ensure that their legal, economic and psychological
needs are addressed adequately, as set out in its latest report, 45
Urging the Syrian regime to provide families with the remains of their relatives
whose fate has been disclosed, including those who have been summarily executed,
to take all appropriate measures immediately to protect the lives and rights of all
persons currently detained or unaccounted for, and to clarify the fate of those who
remain missing or are still in custody in accordance with Security Council resolution
2474 (2019), many of whom still remain in detention and are highly vulnerable to
COVID-19 owing to overcrowded conditions and pre-existing health issues, such as
widespread malnutrition and tuberculosis, despite calls from the Secretary-General,
the Special Envoy and the international community for the large-scale release of
detainees in the Syrian Arab Republic to mitigate the spread of the virus,
Welcoming Security Council resolution 2475 (2019) of 20 June 2019 on the
situation of persons with disabilities in armed conflict, expressing serious concern
regarding the disproportionate impact that armed conflict has on persons with
disabilities, including abandonment, violence and lack of access to basic services,
stressing the protection and assistance needs of all affected civilian populations, and
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44 A/HRC/48/70.
45 A/HRC/45/31.
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emphasizing the need to consider the particular needs of persons with disabilities in
humanitarian response in the Syrian conflict,
Expressing its deep appreciation for the significant efforts that have been made
by neighbouring countries and other countries in the region to accommodate Syrians,
while acknowledging the increasing financial, socioeconomic and political impact of
the presence of large-scale refugee and displaced populations in those countries,
Welcoming the efforts of the United Nations and the League of Arab States and
all diplomatic efforts to achieve a political solution to the Syrian crisis based on the
final communiqué of the Action Group for Syria of 30 June 2012 and consistent with
Security Council resolution 2254 (2015),
Expressing full support for the efforts of the Special Envoy of the Secretary-
General for Syria, with a view to the protection of the civilian population and the full
implementation of the Syrian political process that establishes credible, inclusive and
non-sectarian governance in accordance with the final communiqué and consistent
with Security Council resolutions 2254 (2015) and 2258 (2015), urging Syrian parties
to engage constructively with the Constitutional Committee in order to pave the way
for the negotiation of a genuine political transition, noting with appreciation the
mediation efforts to facilitate the establishment of a ceasefire in the Syrian Arab
Republic, as noted by the Security Council in its resolution 2336 (2016), and
supporting the efforts to end violence, while expressing deep concern at the
violations, demanding that all parties to the ceasefire in the Syrian Arab Republic
respect their commitments, and urging all Member States, especially the members of
the International Syria Support Group, to use their influence to ensure respect for
those commitments and the full implementation of those resolutions, to support
efforts to create conditions for a durable and lasting ceasefire, which is essential to
achieving a political solution to the conflict in the Syrian Arab Republic, and to bring
to an end the systematic, widespread and gross violations and abuses of human rights
and violations of international humanitarian law,
1.
Strongly condemns the systematic, widespread and gross violations and
abuses of international human rights law and violations of international humanitarian
law committed in the Syrian Arab Republic and the indiscriminate and
disproportionate attacks against the civilian population and against civilian
infrastructure, in particular attacks on medical facilities and schools, which continue
to claim civilian lives, and demands that all parties comply with their obligations
under international humanitarian law;
2.
Deplores and condemns in the strongest terms the continued armed
violence by the Syrian regime against the Syrian people since the beginning of the
peaceful protests in 2011, and demands that the Syrian regime immediately put an
end to all attacks against civilians, take all feasible precautions to avoid, and in any
event to minimize, incidental loss of civilian life, injury to civilians and damage to
civilian objects and meet its responsibilities to protect the Syrian population and
immediately implement Security Council resolutions 2254 (2015), 2258 (2015) and
2286 (2016);
3.
Urges all Member States, especially the members of the International Syria
Support Group, to create conditions for continued negotiations for a political solution
to the Syrian conflict, under the auspices of the United Nations, by working towards
the nationwide ceasefire, to enable safe, full, immediate, unimpeded and sustained
humanitarian access and to lead to the release of those arbitrarily detained and ensure
the assessment of the number of people who remain in prisons, consistent with
Security Council resolution 2254 (2015), as only a durable and inclusive political
solution to the conflict can bring an end to the systematic, widespread and gross
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violations and abuses of international human rights law and violations of international
humanitarian law;
4.
Strongly condemns any use of chemical weapons, such as chlorine, sarin
and sulfur mustard, by any party to the conflict in the Syrian Arab Republic, emphasizes
that the development, production, acquisition, stockpiling, retention, transfer or use
of chemical weapons anywhere, at any time, by anyone, under any circumstances, is
unacceptable, constitutes one of the most serious crimes under international law, and
is a violation of the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction and Security
Council resolution 2118 (2013), and expresses its strong conviction that individuals
responsible for the development, production, acquisition, stockpiling, retention,
transfer or use of chemical weapons must and should be held accountable;
5.
Demands that the Syrian regime and ISIL (also known as Da’esh)
immediately desist from any further use of chemical weapons;
6.
Welcomes the establishment and operationalization of the Investigation
and Identification Team of the Organisation for the Prohibition of Chemical Weapons,
which is authorized to identify the perpetrators of the use of chemical weapons in the
Syrian Arab Republic, thereby making an important contribution towards the ultimate
goal of holding such perpetrators to account, and in this regard also welcomes the
memorandum of understanding concluded between the International, Impartial and
Independent Mechanism to Assist in the Investigation and Prosecution of Persons
Responsible for the Most Serious Crimes under International Law Committed in the
Syrian Arab Republic since March 2011 and the Organisation for the Prohibition of
Chemical Weapons as well as the ongoing cooperation between them;
7.
Recalls the issuance of the Secretary-General’s bulletin on the records and
archives of the Organisation for the Prohibition of Chemical Weapons-United Nations
Joint Investigative Mechanism, and calls upon the Secretary-General, Member States
and other relevant actors to ensure that the relevant materials are processed
expeditiously to be shared with the International, Impartial and Independent
Mechanism without any further delays;
8.
Demands that the Syrian regime adhere fully to its international
obligations, including the requirement that it declare in full its chemical weapons
programme, with special emphasis on the need for the Syrian Arab Republic to
urgently resolve the verified gaps, inconsistencies and discrepancies pertaining to its
declaration in respect of the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their Destruction and
to eliminate its chemical weapons programme in its entirety;46
9.
Requests that the Executive Council of the Organisation for the Prohibition
of Chemical Weapons consider additional procedures for stringent verification
pursuant to article IV, paragraph 8, and article V, paragraph 10, of the Convention, in
order to ensure the complete destruction of the Syrian chemical weapons programme
and prevent any further use of chemical weapons;
10. Deplores and condemns in the strongest terms the continued widespread
and systematic gross violations and abuses of human rights and fundamental freedoms
and all violations of international humanitarian law by the Syrian regime, the
government-affiliated militias and those who fight on their behalf, including those
deliberately targeting civilians or civilian objects, attacks on schools, hospitals,
civilian water stations and places of worship, indiscriminate attacks with heavy
weapons, aerial bombardments, cluster munitions, ballistic missiles, barrel bombs,
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46 Security Council resolution 2118 (2013), annex I.
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chemical or other weapons and other force targeting civilians, as well as the starvation
of the civilian population as a method of warfare, massacres, arbitrary executions,
extrajudicial killings, the killing of peaceful protesters, human rights defenders and
journalists, individuals and members of communities on the basis of their religion or
belief, arbitrary detention, enforced disappearances, forced displacement of members
of minority groups and of those opposed to the Syrian regime, unlawful interference
with access to medical treatment, failure to respect and protect medical personnel,
torture, systematic sexual and gender-based violence, including rape in detention, and
ill-treatment, other violations and abuses of human rights, including those of women
and children, and violations of international humanitarian law;
11. Condemns unequivocally all attacks and violence against journalists and
media workers by the Syrian regime, the government-affiliated militias and non-State
armed groups, urges all parties to respect the professional independence and rights of
journalists, and recalls in this regard that journalists and media workers engaged in
dangerous professional missions in areas of armed conflict shall be considered
civilians and shall be protected as such, provided that they take no action adversely
affecting their status as civilians;
12. Strongly condemns all violations and abuses of human rights and all
violations of international humanitarian law, including the killing and persecution of
individuals and members of communities on the basis of their religion or belief, by
armed non-State actors, as well as any human rights abuses or violations of
international humanitarian law by non-State armed groups, including Hizbullah and
those designated as terrorist groups by the Security Council;
13. Deplores and strongly condemns the terrorist acts and violence committed
against civilians by ISIL (also known as Da’esh), Hay’at Tahrir al-Sham (formerly
known as the Nusrah Front), Al-Qaida-affiliated terrorist groups, terrorist groups, such
as Hurras al-Din, designated by the Security Council and other violent extremist groups
and their continued gross, systematic and widespread abuses of human rights and
violations of international humanitarian law, and reaffirms that terrorism cannot and
should not be associated with any religion, gender, ethnicity, nationality or civilization;
14. Condemns in the strongest terms the gross and systematic abuse of women’s
and children’s rights by terrorist groups and armed groups, including so-called ISIL (also
known as Da’esh), in particular those involving the killing of women and girls, sexual
and gender-based violence, including the enslavement and sexual exploitation and abuse
of women and girls and the recruitment, use and abduction of children;
15. Condemns the reported forced displacements of the population in the
Syrian Arab Republic, including forced displacement of civilians as a result of local
truce agreements, as highlighted by the Commission of Inquiry, and the alarming
impact thereof on the demography of the country, which amounts to a strategy of
radical demographic change initiated by the Syrian regime, its allies and other
non-State actors, calls upon all parties concerned to cease immediately all activities
related to these actions, including any activities that may amount to war crimes and
crimes against humanity, notes that impunity for such crimes is unacceptable,
reaffirms that those responsible for such breaches of international law, must be brought
to justice, and supports efforts to collect evidence in view of future legal action;
16. Emphasizes the importance of creating conditions conducive to voluntary,
safe, dignified and informed movements of internally displaced persons within the
Syrian Arab Republic, and strongly urges all parties to work with the United Nations
to ensure that any such movements are in line with the Guiding Principles on Internal
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Displacement,47 and that displaced persons receive the information they need to make
informed and voluntary decisions about their movement and safety;
17. Condemns the reported forced displacement of populations in the Syrian
Arab Republic, expresses deep concern at reports of social and demographic
engineering in areas throughout the country, and calls upon all parties concerned to
cease immediately all activities that cause these actions, including any activities that
may amount to war crimes or crimes against humanity;
18. Reminds the Government of the Syrian Arab Republic of its obligations
under the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, 48 including its obligation to take effective measures to
prevent acts of torture in any territory under its jurisdiction, and calls upon all States
parties to the Convention to comply with any relevant obligations under the
Convention, including with respect to the obligation to extradite or prosecute
contained in article 7 of the Convention;
19. Encourages the Special Rapporteur on the human rights of internally
displaced persons and the Office of the United Nations High Commissioner for
Refugees to remain seized of the urgent human rights and humanitarian situation of
internally displaced persons in the Syrian Arab Republic, with a view to helping
Member States, the United Nations, including the High-level Panel on Internal
Displacement established by the Secretary-General, and other humanitarian and
human rights actors to improve their responses to internal displacement in the Syrian
Arab Republic, with a focus on identifying durable solutions for displaced persons,
reducing the significant gap between needs and available resources, improving the
collection and coordination of data on displacement, including on displaced children,
and providing more effective assistance through well-planned programmes;
20. Deplores the continued closure of the Bab al-Salam and Ya‘rubiyah border
crossings for the purpose of cross-border humanitarian aid, and urges the Security
Council to reauthorize the use of these border crossings and to continue to consider
additional crossing points to meet humanitarian needs, considering that humanitarian
needs have risen 38 per cent in north-east Syrian Arab Republic since the closing of
the Ya‘rubiyah border crossing alone, according to the United Nations, emphasizes
that more than 6.9 million people live in areas not under the control of the Syrian
regime and 5.3 million require humanitarian assistance in the north-east and north-
west, and also considers the multiplier effect of the COVID-19 pandemic and that the
cross-border mechanism remains an indispensable tool to address the humanitarian
needs of the population, including to deliver vaccines and supplies to combat the
COVID-19 pandemic, which cannot be adequately reached through existing
operations within the Syrian Arab Republic, in the light of the limitations of cross-
line assistance;
21. Demands that the Syrian regime and all other parties to the conflict not
hinder safe, full, timely, immediate, unrestricted and sustained humanitarian access,
and calls for the continuation of cross-border humanitarian support beyond July 2022;
22. Strongly condemns the persistent and widespread use of sexual and gender-
based violence, abuse and exploitation, including in government detention centres,
including those run by the intelligence agencies, notes that such acts may constitute
violations of international humanitarian law, violations of international human rights
law and abuses of human rights, in this regard expresses deep concern at the
prevailing climate of impunity for sexual and gender-based violence, urges all parties
to the conflict, especially the Syrian regime, to immediately cease the perpetration of
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47 E/CN.4/1998/53/Add.2, annex.
48 United Nations, Treaty Series, vol. 1465, No. 24841.
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sexual and gender-based violence, and urges the Syrian regime to ensure that victims
and survivors of sexual and gender-based violence have access to holistic support and
are able to seek reparations and redress;
23. Also strongly condemns all violations and abuses committed against
children in contravention of applicable international law, including those involving
their recruitment and use, killing and maiming, rape and all other forms of sexual and
gender-based violence, abductions, denial of humanitarian access and education for
children, and attacks on civilian objects, including schools and hospitals, as well as
their arbitrary arrest, unlawful detention, torture and ill-treatment and their use as
human shields;
24. Expresses grave concern at the deprivation of liberty of children for their
association or alleged association with armed groups or armed forces, and urges the
Syrian regime to comply with its obligations under the Convention on the Rights of
the Child, as applicable, in particular that the arrest, detention and imprisonment of
children should be used only as a measure of last resort and for the shortest
appropriate period of time, and that in actions concerning children the best interests
of the child should be a primary consideration;
25. Reaffirms the Syrian regime’s responsibility for the systematic use of
enforced disappearances, takes note of the assessment of the Commission of Inquiry
that the Syrian regime’s use of enforced disappearances amounts to a crime against
humanity, and condemns the targeted disappearances of young men and boys and the
exploitation of ceasefires as an opportunity to forcibly recruit and arbitrarily detain
them;
26. Notes with deep concern the March 2021 report of the Commission of
Inquiry and its comments that widespread enforced disappearance has been
deliberately perpetrated by all parties to the conflict and first and foremost the Syrian
regime security forces throughout the past decade on a massive scale;
27. Expresses deep concern that, according to the recent findings of the
Commission of Inquiry, the Syrian regime forces continue to deliberately conceal the
fate and whereabouts of forcibly disappeared persons, intentionally prolonging the
suffering of hundreds of thousands of family members of the forcibly disappeared,
which is gravely concerning as evidence suggests that the Syrian regime maintains a
detailed bureaucracy and high degree of centralized control with regard to those it has
detained, including records on who is detained and where, noting the potential value
of such information to family members of those who are missing, including those
forcibly disappeared, and calls upon the Syrian regime to provide information on
detained, missing or forcibly disappeared persons to their families;
28. Encourages all parties to the conflict to enhance their engagement with
the Special Envoy of the Secretary-General for Syria to hasten the release of all
arbitrarily detained persons by the Syrian regime and to make progress on the issue
of missing persons;
29. Demands that the Syrian regime, consistent with its obligations under
relevant provisions of international human rights law and international humanitarian
law, promote non-discriminatory access to health services and respect and protect the
wounded and sick as well as medical and health personnel from obstruction, threats
and physical attacks, and notes with concern the limited access to health-care services
in the light of COVID-19, particularly in the north of the Syrian Arab Republic, where
health-care networks have been severely damaged and in many cases destroyed by
the regime and its allies’ aerial attacks;
30. Strongly condemns all attacks on the wounded and sick as well as medical
and health personnel, their means of transport and equipment, as well as on hospitals
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and other medical facilities, deplores the long-term consequences of such attacks for
the population and health-care systems of the Syrian Arab Republic, and reaffirms the
obligations under international humanitarian law related to the protection of medical
personnel and humanitarian personnel, their means of transport and equipment;
31. Also strongly condemns the targeting of humanitarian workers and persons
engaged in medical duties, their means of transport and equipment and hospitals and
other medical facilities, which may constitute war crimes, including the attack against
the deconflicted Atarib cave hospital on 21 March 2021 and the terrorist attack against
Al-Shifa’ hospital on 12 June 2021;
32. Urges all parties to the conflict to develop effective measures to prevent
acts of violence, attacks and threats of attacks against sick and wounded persons,
internally displaced persons, as well as medical personnel and humanitarian
personnel, hospitals and other medical facilities, including through the conduct of
full, prompt, impartial and effective investigations to hold those responsible for any
such acts to account;
33. Expresses its profound concern about the findings contained in the report
of July 2020 of the Commission of Inquiry regarding at least 1,500 air strikes,
predominantly air-to-ground missiles and barrel bombs launched in south-eastern
Idlib and western Aleppo between 1 November 2019 and 5 March 2020, which
damaged medical facilities, schools and markets and killed civilians, and the
conclusions of the Commission of Inquiry that there exist “reasonable grounds to
believe that pro-government forces committed the war crimes of deliberately
attacking medical personnel and facilities by conducting air strikes”, as well as “the
war crime of launching indiscriminate attacks resulting in death or injury to
civilians”, causing the displacement of over 560,000 people from the north-west of
Idlib, in addition to the previous displacement of more than half of the 2.5 million
people residing in Idlib who have been displaced since the onset of conflict, often
multiple times, stresses that the situation in Idlib is of particular concern, expresses
its support for the current agreement to cease hostilities in order to avoid a further
humanitarian catastrophe, and calls upon the guarantors of that agreement to ensure
that the ceasefire is upheld and that humanitarian access is granted in a safe, full,
rapid, unimpeded and sustainable manner;
34. Demands that the Syrian regime cooperate fully with the Commission of
Inquiry, including by granting it immediate, full, safe, unhindered and sustained
access throughout the Syrian Arab Republic;
35. Strongly condemns the intervention in the Syrian Arab Republic of all
foreign terrorist fighters and those foreign organizations and foreign forces fighting
on behalf of the Syrian regime, expresses deep concern that their involvement further
exacerbates the deteriorating situation in the Syrian Arab Republic, including the
human rights and humanitarian situation, which has a serious negative impact on the
region, and further demands that all foreign terrorist fighters, and those who are
fighting in support of the Syrian regime, including all militias sponsored by foreign
Governments, must immediately withdraw from the Syrian Arab Republic;
36. Demands that all parties immediately put an end to all violations of
international human rights law, abuses of human rights and violations of international
humanitarian law, recalls, in particular, the obligation under international
humanitarian law to distinguish between civilians and combatants and the prohibition
against indiscriminate and disproportionate attacks and all attacks against civilians
and civilian objects, further demands that all parties to the conflict take all appropriate
steps to protect civilians, in compliance with international law, including by desisting
from attacks directed against civilian objects, such as medical centres, schools and
water stations, and refrain from militarizing such facilities, seek to avoid establishing
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military positions in densely populated areas and enable the evacuation of the
wounded and all civilians who wish to leave areas of conflict, including besieged
areas, and recalls in this regard that the Syrian regime bears primary responsibility
for protecting its population;
37. Condemns in the strongest terms all attacks on protected objects, including
indiscriminate and disproportionate attacks and those which may constitute a war
crime, taking place in the Syrian Arab Republic, requests the Commission of Inquiry
to continue to investigate all such acts, and demands that the Syrian regime meet its
responsibility to protect the Syrian population;
38. Demands that the Syrian regime immediately cease any attacks on
civilians, any disproportionate attacks and any indiscriminate use of weapons in
populated areas, and recalls in this regard the obligation to respect international
humanitarian law in all circumstances;
39. Emphasizes the need for accountability for crimes involving breaches of
international law, in particular of international humanitarian law and human rights
law, some of which may constitute war crimes or crimes against humanity, committed
in the Syrian Arab Republic since March 2011, through fair and independent
investigations and prosecutions at the domestic or international level;
40. Requests the International, Impartial and Independent Mechanism to
submit an annual report to the General Assembly, starting at its seventy-fifth session,
on the implementation of its mandate while preserving the confidential nature of its
substantive work, in time for the annual presentation of the report by the Head of the
Mechanism in April at a plenary meeting of the Assembly under the agenda item
entitled “Prevention of armed conflict”;
41. Welcomes efforts by the International, Impartial and Independent
Mechanism to assist in the search for missing persons in the Syrian context, as stated
in the Mechanism’s reports to the General Assembly, and further encourages the
Mechanism to identify additional ways and means to contribute to this end;
42. Also welcomes the inclusion of the full funding for the International,
Impartial and Independent Mechanism in the budget proposal of the Secretary-
General for 2020, in accordance with General Assembly resolution 73/182, and
emphasizes the need to fully implement its previous decisions on the funding of the
Mechanism in order to ensure that the Mechanism can operate at its full capacity as
soon as possible;
43. Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law or violations and abuses of human rights law are held
to account through appropriate, fair and independent domestic or international
criminal justice mechanisms, stresses the need to pursue practical steps towards this
goal, and for that reason encourages the Security Council to take appropriate action
to ensure accountability, noting the important role that the International Criminal
Court can play in this regard in accordance with complementarity;
44. Welcomes the efforts by States to investigate conduct in the Syrian Arab
Republic and to prosecute crimes within their jurisdiction committed in the Syrian
Arab Republic, encourages them to continue to do so and to share relevant
information between States in accordance with their national legislation and
international law, and also encourages other States to consider doing the same;
45. Urgently requests the Commission of Inquiry to present its latest reporting
to the General Assembly during an interactive dialogue at its seventy-seventh session
on the situation of human rights in the Syrian Arab Republic, and encourages United
Nations monitoring and reporting to further document violations of international
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humanitarian law and violations and abuses of human rights, including those that may
amount to crimes against humanity and war crimes, to provide recommendations to
facilitate improvements in civilian protection and accountability measures, and to
feature witness testimony of Syrian human rights defenders, survivors of torture and
sexual and gender-based violence, former detainees, and other Syrian voices through
appropriate and safe means, and where informed consent has been provided;
46. Deplores the deteriorating humanitarian situation in the Syrian Arab
Republic, and urges the international community to assume its responsibility for
providing urgent financial support to enable the host countries and communities to
respond to the growing humanitarian needs of Syrian refugees, while emphasizing the
importance of burden-sharing;
47. Calls upon all members of the international community, including all
donors, to fulfil their previous pledges and continue to provide much-needed support
to the United Nations, its specialized agencies and other humanitarian actors to
provide humanitarian and medical assistance to the millions of Syrians who are in
need, including those displaced both internally and in host countries and communities;
48. Welcomes the efforts of those countries outside the region that have put in
place measures and policies to assist and host Syrian refugees, encourages them to do
more, also encourages other States outside the region to consider implementing similar
measures and policies, with a view to providing Syrian refugees with protection and
humanitarian assistance, acknowledges the need to improve the conditions on the
ground to facilitate the return of refugees in a safe, voluntary, informed and dignified
manner to their place of origin or another location of their choice, and takes note of
the recent finding of the Commission of Inquiry that the Syrian Arab Republic does
not yet offer a safe and stable environment for the sustainable and dignified return of
refugees or for the 6.7 million displaced persons inside the country;
49. Strongly condemns the intentional denial of humanitarian assistance to
civilians, from whatever quarter, and in particular the denial of medical assistance
and the withdrawal of water and sanitation services to civilian areas, which has
recently worsened, stressing that the starvation of civilians as a method of warfare is
prohibited under international law, and noting especially the primary responsibility
of the Government of the Syrian Arab Republic in this regard;
50. Demands that the Syrian regime and all other parties to the conflict ensure
the full, immediate, unimpeded and sustained safe and unhindered access of the
United Nations and humanitarian actors, including to besieged and hard-to-reach
areas such as Rukban, that the Syrian regime cease to impede the ability of the United
Nations and humanitarian actors to move through the north-east of the Syrian Arab
Republic and beyond, especially in the light of the restricted humanitarian space and
worsened humanitarian situation following the failure to reauthorize the Ya‘rubiyah
border crossing in Security Council resolutions 2504 (2020), 2533 (2020) and 2585
(2021) and that all parties preserve the Fish Khabur border crossing and other crossing
points along the Turkish borders with the Syrian Arab Republic, and allow sustained
deliveries of humanitarian assistance to persons in need across the Syrian Arab
Republic, including through commercial routes, consistent with Security Council
resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2254 (2015), 2258 (2015),
2332 (2016), 2393 (2017), 2401 (2018), 2449 (2018), 2504 (2020), 2533 (2020) and
2585 (2021);
51. Strongly condemns practices including abduction, hostage-taking,
arbitrary detention, torture, and murder of civilians carried out by non-State armed
groups and terrorist groups designated by the Security Council, most notably Hay’at
Tahrir al-Sham (formerly known as the Nusrah Front), as well as ISIL (also known as
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Da’esh) and Al-Qaida affiliates such as Hurras al-Din, and underlines that such acts
may amount to crimes against humanity;
52. Deplores the suffering and torture in detention centres throughout the
Syrian Arab Republic, as depicted in the reports of the Commission of Inquiry and
the Office of the United Nations High Commissioner for Human Rights, as well as in
the evidence presented by “Caesar” in January 2014, and in the reports of widespread
killing of detainees by Syrian military intelligence;
53. Strongly condemns the reported killing of detainees in Syrian military
intelligence facilities, and calls upon the Syrian regime to release all unlawfully held
detainees, including women, children and the elderly, and to facilitate information
about those still in detention as well as those who died while in detention by the
Syrian regime, returning their remains, with full transparency regarding what
happened to these individuals, and urges the regime to immediately reverse its
abhorrent use of mass detentions and torture as means of silencing and repressing
political opposition, journalists and other media workers and of depriving Syrian
citizens of their rights to freedom of expression;
54. Calls for the appropriate international monitoring bodies to be granted
access to detainees in all prisons and detention centres, including all military facilities
referred to in the reports of the Commission of Inquiry;
55. Demands in this respect the immediate release of all persons arbitrarily or
unlawfully detained by the Syrian regime, notes in particular the additional life-
threatening risks to health created by the COVID-19 pandemic and the high risks that
exacerbate the already dire situation of detainees, and notes in this regard the
statements made by the United Nations High Commissioner for Human Rights, the
Special Envoy and the Commission of Inquiry;
56. Also demands that all parties take all appropriate steps to protect civilians
and persons hors de combat, including persons belonging to national or ethnic,
religious and linguistic minorities, and stresses that, in this regard, the primary
responsibility to protect the population lies with the Syrian regime;
57. Strongly condemns the damage and destruction of the cultural heritage of
the Syrian Arab Republic, in particular that of Palmyra and Aleppo, and the organized
looting and trafficking of Syrian cultural property, as outlined by the Security Council
in its resolutions 2199 (2015) of 12 February 2015 and 2347 (2017) of 24 March 2017,
affirms that attacks intentionally directed against historic monuments may amount to
war crimes, and underlines the need to bring the perpetrators of such crimes to justice;
58. Deplores the military offensive that began in Idlib Province and
surrounding areas in December 2019 and caused large-scale injuries, deaths,
displacement and suffering in the civilian population and devastating damage to
civilian infrastructure, recalls the findings of the United Nations Board of Inquiry
established by the Secretary-General in this regard, notes with grave concern the
recent findings of the Commission of Inquiry that there are reasonable grounds to
believe that war crimes and crimes against humanity were committed during the said
offensive, also notes the Commission’s comments on the gendered impact of the
military offensive, and remains extremely concerned about the situation;
59. Notes with concern the continued insecurity in the north-east of the Syrian
Arab Republic, the significant increase in humanitarian needs and the restricted
humanitarian space following the failure to reauthorize the Ya‘rubiyah border
crossing, in Security Council resolutions 2504 (2020), 2533 (2020) and 2585 (2021),
further compounded by lack of access to water and electricity, which continues to
undermine the stability and security of the whole region, eroding progress in the fight
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against ISIL (also known as Da’esh) and worsening the humanitarian situation and
humanitarian actors’ ability to respond to humanitarian needs;
60. Stresses the situation of particular concern in north-west Syrian Arab
Republic, particularly Idlib, strongly condemns the attacks on civilians and first
responders and civilian infrastructure where ongoing violence, including air strikes,
continues to cause death and injury among civilians and first responders, as well as
devastating damage to civilian infrastructure, including health-care and educational
facilities, and welcomes the establishment of the United Nations board of inquiry
mandated to investigate the destruction of and damage to facilities on the United
Nations deconfliction list and United Nations-supported facilities;
61. Expresses concern about reports of attacks on civilians in areas such as
Daraa that supported peaceful protests in 2011, and the siege-like conditions in Daraa
that have displaced 40,000 people and resulted in acute food and medicine shortages,
and, targeted assassinations of civilian leaders including former judges, medical
workers and others engaged in reconciliation negotiations, noting that the Chair of
the Commission of Inquiry reported in June 2021 that at least 130 such incidents had
been recorded between July 2020 and April 2021, underscoring the pervasively
unstable environment;
62. Expresses deep concern in particular about the recent increase in violence
in the north-west, including air strikes, and the impact on civilians of that violence,
including the reported deaths and injuries of at least 45 children since the beginning
of July 2021, stresses the urgent need for the immediate cessation of military
hostilities in Idlib and the surrounding areas, for the prioritization of the protection
of all civilians, including those displaced, and for full, timely, immediate, unrestricted
and safe humanitarian access, including cross-border access, recalls the Additional
Protocol to the Memorandum on the Stabilization of the Situation in the Idlib
De-escalation Area, signed by the Russian Federation and Turkey on 5 March 2020,
and stresses the importance of continuing work towards preserving calm on the
ground and creating the necessary conditions for the safe, dignified and voluntary
returns of displaced people;
63. Notes the recommendation of the Commission of Inquiry that an
independent mechanism be created with an international mandate to coordinate and
consolidate claims regarding missing persons, including persons subjected to
enforced disappearance, the briefing of the Secretary-General to the General
Assembly on 30 March 2021 in which he noted the lack of progress on those issues
in the absence of an international mandate, and the endorsement of an independent
mechanism by the United Nations High Commissioner for Human Rights on
24 September 2021, and reiterates the importance of not tampering with or
contaminating mass grave sites in the Syrian Arab Republic in this regard;
64. Requests the Secretary-General to conduct a study on how to bolster
efforts, including through existing measures and mechanisms, to clarify the fate and
whereabouts of missing people in the Syrian Arab Republic, identify human remains
and provide support to their families, in consultation with the Office of the United
Nations High Commissioner for Human Rights and based on the recommendations of
the Commission of Inquiry, with the full and meaningful participation of victims,
survivors and their families and in consultation with other relevant actors, and to
present an interim oral update to the General Assembly by 1 March 2022, to be
followed by a report within the first half of 2022;
65. Calls on all Member States, relevant United Nations bodies, international
organizations and civil society to coordinate further efforts and proactively focus
attention on the issue of missing persons in the Syrian Arab Republic, including those
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subjected to enforced disappearance, and recalls the importance of the full and
meaningful participation of victims, survivors and their families in such efforts;
66. Urges all parties to the conflict to take all appropriate steps to ensure the
safety and security of United Nations and associated personnel, personnel of the
specialized agencies and all other personnel engaged in humanitarian relief activities,
including national and locally recruited personnel, as required by international
humanitarian law, without prejudice to their freedom of movement and access, stresses
the need not to impede or hinder these efforts, recalls that attacks on humanitarian
workers may amount to war crimes, and notes in this regard that the Security Council
has reaffirmed that it will take further measures in the event of non-compliance with
its resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2234 (2015), 2258 (2015),
2286 (2016), 2393 (2017), 2401 (2018), 2449 (2018) and 2585 (2021) by any Syrian
party;
67. Urges the international community to support the leadership and full,
effective and meaningful participation of women in all efforts aimed at finding a
political solution to the Syrian crisis, as envisaged by the Security Council in its
resolution 1325 (2000) and all subsequent resolutions of the women, peace and
security agenda;
68. Reaffirms that there can only be a political solution to the conflict in the
Syrian Arab Republic, reiterates its commitment to the national unity and territorial
integrity of the Syrian Arab Republic, and urges the parties to the conflict to abstain
from actions that may contribute to the continuing deterioration of the human rights,
security and humanitarian situation, in order to reach a genuine political transition,
based on the final communiqué of the Action Group for Syria of 30 June 2012,
consistent with Security Council resolutions 2254 (2015), 2268 (2016) and 2585
(2021), that meets the legitimate aspirations of the Syrian people for a civil,
democratic and pluralistic State, with the full, equal and meaningful participation and
leadership of all women at all levels, where there is no room for sectarianism or
discrimination on ethnic, religious, linguistic, gender or any other grounds, and where
all persons receive equal protection, regardless of gender, religion or ethnicity, and
further demands that all parties work urgently towards the comprehensive
implementation of the final communiqué, including through the establishment of an
inclusive transitional governing body with full executive powers, which shall be
formed on the basis of mutual consent while ensuring the continuity of governmental
institutions.
54th (resumed) plenary meeting
24 December 2021
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