THE FBA SDNY CHAPTER HUMAN RIGHTS REPORTER SERIES
By Dejana Ljuboja[1]
FBA UN Reporter
January 14, 2020
On November 22, 2019, the Security Council held its 8674th meeting, and it was directed by the President of the United Kingdom. The meeting was focused on the situation in the Middle East – specifically, Syria.
The Constitutional Committee for Syria offers a potentially historic moment, the Secretary-General’s Special Envoy for Syria warned the Security Council, as conditions on the ground must improve, he suggested, to give the talks a chance for success in ending the years-long conflict.
The Constitutional Committee for Syria began its work in late October. The Committee consists of 150 participants, with 50 each from the Government, the opposition, and from the civil society. The Committee has identified 45 participants who are to make up the Constitution drafting group, which are comprised of 15 individuals from each of the three components.
Geir O. Pedersen, briefing the 15-nation Council, said: “This launch was a sign of hope for the Syrian people and a chance for the Syrian parties to begin a direct dialogue they lead and own on the future of a broken country.”
The members of the so-called “middle third”, comprised of society activists, experts, and other independents from inside and outside Syria, had no formal affiliation with each other, and although they bring differing life experiences, they were able to work together. Women made up 30 percent of the Committee members and gender equality appeared to be a potential area for common ground.
Mr. Pedersen noted thatt the dynamics on the ground need to change, starting with ensuring full respect for international humanitarian and human rights law and the protection of civilians. He expressed deep concern over renewed violence in Idlib and other areas. In addition, he suggested measures that include release of detainees and missing persons.
Sabah Al Hallak, a member of the Syrian Constitutional Committee and the Syrian Women’s Advisory Board, stressed that, unfortunately, “Syrian women face threats to their rights from all sides, not only from existing discrimination embedded in law, but also from groups such as ISIS and Al-Nusra.”
She also called on the Council to press for progress on the fate of the 100,000 Syrians who remain detained or missing, and who are often subjected to torture or other ill-treatment. The Council must also prioritize an immediate ceasefire, ensure civilian protection, humanitarian access and women’s full participation in the political process, and guarantee that provisions in the new Constitution codify human rights, including gender rights. She pointed out that their future depends on decisive action by this body.
Most of the countries, including the United States, the Russian Federation, Dominican Republic, Kuwait, Germany, Cote d’Ivoire, China, Indonesia, France, Belgium, Peru, Equatorial Guinea welcomed the initiation of this process, and characterized the work of the Constitutional Committee as “the start of a long and difficult process.”
Since the next important issue is an immediate ceasefire which needs to end the conflict and ensure that all civilians are protected from attacksm, James F. Jeffrey, Representative of United States, said that “Blame needs to be placed on the Iranian Government” for moving long-range missiles into Syria and continuing ground strikes through its proxies. Expressing support for Israel’s right to self-defense, he went on to call for a nationwide ceasefire in Syria and for unrelenting pressure from the international community. Representatives from the Dominican Republic, Cote d’ Ivoire, Indonesia, Belgium, South Africa and Peru also joined and agreed that a ceasefire is necessary in that regard, as is respect for civilian lives and infrastructure in the course of any counter-terrorism operation. Concern was expressed for the toll on children in the country, as well as those civilians who have been attacked in Idlib.
Joanna Wronecka, the Representative from Poland, called on all parties to the conflict to engage in confidence-building measures, highlighting the importance of safeguarding the humane treatment of detainees, including abductees and missing persons in that country. She called for the release of thousands of people who have been arbitrarily detained, particularly children, women and the elderly. Her statements were joined by the Dominican Republic, Peru and the United Kingdom.
Wu Haitao, the Representative from China, said that “Syria should not be divided or torn apart,” and called for full respect for the country’s sovereignty and territorial integrity, and this view was shared by the representatives from Syria, the Russian Federation Kuwait, and Equatorial Guinea.
Some conflicts arose between the Representatives of the Russian Federation, Germany, and others over the commitment to observing humanitarian and human rights law, even in the context of counter-terrorist operations. Germany was firm in its resolve that none of the crimes and atrocities committed during the Syrian conflict would go unpunished, that all perpetrators would be held accountable and victims afforded real justice. It became clear that the source of the dispute centered on the extent to which political and humanitarian aspects of the Syrian conflict were being conflated.
As the meeting drew to a close, President Karen Pierce observed that the participants had employed a positive tone which was an important first step. She urged the parties to make good use of the Constitutional Committee process and emphasized that there would be no reconstruction assistance provided to Syria without the creation of a credible political process that goes beyond the Constitutional Committee.
[1] Dejana Ljuboja is an LLM Student at Fordham Law School Studying ‘US Law’. She is scheduled to graduate in May 2020.