RES/30/10 The grave and deteriorating human rights and humanitarian situation in the Syrian Arab Republic

GE.15-17657(E)

*1517657*

Human Rights Council Thirtieth session

Agenda item 4

Resolution adopted by the Human Rights Council on 1 October 2015

30/10. The grave and deteriorating human rights and

humanitarian situation in the Syrian Arab Republic

The Human Rights Council,

Guided by the Charter of the United Nations,

Reaffirming all previous Human Rights Council resolutions on the Syrian Arab

Republic,

Reaffirming also its strong commitment to the sovereignty, independence, unity and

territorial integrity of the Syrian Arab Republic,

Demanding that the Syrian authorities meet their responsibility to protect the Syrian

population,

Condemning the grave deterioration of the human rights situation and the

indiscriminate or deliberate targeting of civilians as such, in violation of international

humanitarian law, and acts of violence that foment sectarian tensions,

Expressing its deepest concern about the findings of the Independent International

Commission of Inquiry on the Syrian Arab Republic, and the allegations of torture and

executions based on the evidence presented by the “Caesar” report in January 2014,

Noting the observation of the Commission of Inquiry that, since March 2011, the

Syrian authorities have conducted widespread attacks against the civilian population as a

matter of policy,

Deploring the lack of cooperation by the Syrian authorities with the Commission of

Inquiry,

Expressing its deep regret that, despite international efforts, a political solution to

the Syrian crisis has not yet been found,

Expressing full support for the diplomatic efforts of the Special Envoy of the

Secretary-General for Syria,

Stressing that rapid progress on a political solution should include full participation

by all segments of Syrian society, including women, and represents the only sustainable

way to resolve the situation in the Syrian Arab Republic peacefully,

Acknowledging the ongoing efforts by human rights defenders active in the Syrian

Arab Republic to document abuses and violations of human rights and violations of

international humanitarian law, despite grave risks,

1. Welcomes the work of the Independent International Commission of Inquiry

on the Syrian Arab Republic, and notes the importance of the work of the Commission of

Inquiry and the information it has collected in support of future accountability efforts, in

particular, the information on those who have allegedly violated international law;

2. Demands that the Syrian authorities cooperate fully with the Human Rights

Council and the Commission of Inquiry by granting it immediate, full and unfettered access

throughout the Syrian Arab Republic;

3. Strongly condemns the continued systematic, widespread and gross violations

and abuses of human rights and all violations of international humanitarian law by the

Syrian authorities and affiliated militias, including foreign terrorist fighters and those

foreign organizations fighting on behalf of the Syrian authorities, in particular Hizbullah,

and 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;

4. Also strongly condemns the terrorist acts and violence committed against

civilians by the so-called Islamic State in Iraq and the Levant (Daesh), al-Nusrah Front and

other extremist groups, and their continued gross, systematic and widespread abuses of

human rights and violations of international humanitarian law, and reaffirms that terrorism,

including the actions of the so-called Islamic State in Iraq and the Levant (Daesh), cannot

and should not be associated with any religion, nationality or civilization;

5. Condemns in the strongest terms the gross and systematic abuse of women’s

and children’s rights by the so-called Islamic State in Iraq and the Levant (Daesh), in

particular the enslavement and sexual abuse of women and girls, and the forced recruitment

and abduction of children;

6. Condemns all violations and abuses of international human rights law and all

violations of international humanitarian law, including against women and children, as well

as persons with disabilities, and urges all parties to the conflict not to commit

indiscriminate attacks, including those that affect civilian populations and objects, to

demilitarize medical facilities and schools, to comply with their obligations under

international humanitarian law and to respect human rights;

7. Strongly condemns the widespread use of sexual violence and torture in

detention centres, including those referenced in the reports of the Commission of Inquiry,

noting that such acts constitute violations of international human rights law or violations of

international humanitarian law, recognizes the permanent damage from torture to victims

and their families, and calls for the appropriate international monitoring bodies to be

granted immediate access to all detainees and for the Syrian authorities to publish a list of

all detention facilities;

8. Also strongly condemns all arbitrary detention of individuals by the Syrian

authorities and other parties to the conflict, and demands the immediate release of all

persons arbitrarily detained, including women, children, human rights defenders,

humanitarian aid providers, medical personnel and journalists;

9. Reiterates its condemnation in the strongest terms of any use of any toxic

chemical, such as chlorine, as a weapon in the Syrian Arab Republic, and recalls the

decision of the Security Council that the Syrian Arab Republic shall not use, develop,

produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or

indirectly, chemical weapons to other States or non-State actors;1

10. Welcomes the unanimous adoption of Security Council resolution 2235

(2015) of 7 August 2015, in which the Council established a joint investigative mechanism

of the Organization for the Prohibition of Chemical Weapons and the United Nations to

identify those involved in uses of toxic chemicals as weapons in the Syrian Arab Republic,

and emphasizes the need to hold those responsible to account;

11. Condemns the Syrian authorities’ use of heavy weapons, cluster munitions

and aerial bombardments, including any indiscriminate use of ballistic missiles and barrel

bombs, and attacks on medical facilities, and also condemns the starvation of civilians as a

method of combat against the Syrian population;

12. Condemns in the strongest terms the increasing number of massacres and

other mass casualty incidents, including any which may constitute a war crime, taking place

in the Syrian Arab Republic, in particular the outrageous attack in Douma by the Syrian

regime, which struck a busy market place on 16 August 2015, when at least 111 civilians

were killed, including women and children, and requests the Commission of Inquiry to

continue to investigate all such acts;

13. Stresses the need to promote accountability for those responsible for the

unlawful killings of civilians, including any during the attack in Douma, and also stresses

the importance of holding to account those responsible for all violations of international

humanitarian law and international human rights law;

14. Strongly condemns violence against all persons based on their religious or

ethnic affiliation, and calls upon all parties to fully respect international law;

15. Demands that all parties take all appropriate steps to protect civilians,

including members of ethnic, religious and confessional communities, and stresses that, in

this regard, the primary responsibility to protect the Syrian population lies with the Syrian

authorities;

16. Strongly condemns the damage and destruction of the cultural heritage of the

Syrian Arab Republic, as well as the organized looting and trafficking of its cultural

property, as outlined by the Security Council in its resolution 2199 (2015) of 12 February

2015;

17. Condemns the reported forced displacements of the population in the Syrian

Arab Republic and the alarming impact on the demography of the country, and calls upon

all parties concerned to cease immediately all activities related to these actions, including

any activities that may amount to crimes against humanity;

18. Calls upon the international community to support the leadership and full

participation of women in all efforts aimed at finding a political solution to the Syrian Arab

Republic, as envisaged by the Security Council in its resolutions 1325 (2000) of 31 October

2000 and 2122 (2013) of 18 October 2013;

19. Recalls that the International Criminal Court was established to help to end

impunity for such crimes where the State is unwilling or unable to genuinely carry out

investigations or prosecutions;

1 See Security Council resolution 2235 (2015).

20. Emphasizes the need to ensure that all those responsible for violations of

international humanitarian law or violations and abuses of international human rights law

are held to account through appropriate, fair and independent domestic or international

criminal justice mechanisms, and stresses the need to pursue practical steps towards this

goal, noting the important role that the International Criminal Court can play in this regard;

21. Reaffirms that, in the context of an inclusive and credible dialogue, the Syrian

people should determine the appropriate process and mechanisms to achieve justice,

reconciliation, truth and accountability for gross violations and abuses of international law,

as well as reparations and effective remedies for victims;

22. Also reaffirms its commitment to international efforts to find a political

solution to the Syrian crisis that meets the legitimate aspirations of the Syrian people for a

civil, democratic and pluralistic State, where all citizens are equal, regardless of gender,

religion and ethnicity;

23. Expresses deep concern at the growing number of refugees and internally

displaced persons fleeing the violence in the Syrian Arab Republic, welcomes the efforts by

neighbouring countries to host Syrian refugees, and acknowledges the socioeconomic

consequences of the presence of large-scale refugee populations in those countries;

24. Deplores the deteriorating humanitarian situation in the Syrian Arab

Republic, and urges the international community to provide urgent financial support to

enable the host countries to respond to the growing humanitarian needs of Syrian refugees,

while emphasizing the principle of burden-sharing;

25. Welcomes the outcome of the Third International Humanitarian Pledging

Conference for Syria, held in Kuwait City, expresses its appreciation to donor States, and

calls upon all members of the international community to respond expeditiously to the

Syrian humanitarian appeals and to fulfil all previous pledges;

26. Demands that the Syrian authorities facilitate, and all other parties to the

conflict do not hinder, the full, immediate and safe access of the United Nations and

humanitarian actors, including to besieged areas, in accordance with Security Council

resolutions 2139 (2014) of 22 February 2014, 2165 (2014) of 14 July 2014 and 2191 (2014)

of 17 December 2014, and calls upon Member States to fully fund the United Nations

appeals;

27. Takes note of those countries outside the region which have put in place

measures and policies to assist and to host Syrian refugees, and encourages them to do

more, and encourages other States outside the region to consider implementing similar

measures and policies, also with a view to providing Syrian refugees with protection and

humanitarian assistance;

28. Reaffirms that there can only be a political solution to the conflict in the

Syrian Arab Republic, and urges the parties to the conflict to abstain from actions that may

contribute to the continuing deterioration of the security and humanitarian situation in order

to reach a genuine political transition, based on the Geneva communiqué;

29. Demands that all parties work urgently towards the comprehensive

implementation of the Geneva communiqué, aimed at bringing an end to all violence,

violations and abuses of human rights and violations of international humanitarian law, and

the launching of a Syrian-led political process leading to a political transition that meets the

legitimate aspirations of the Syrian people and enables them independently and

democratically to determine their future, 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;

30. Decides to transmit all reports and oral updates of the Commission of Inquiry

to all relevant bodies of the United Nations, recommends that the Commission brief the

General Assembly during its seventieth session, also recommends that the Assembly submit

the reports to the Security Council for appropriate action, expresses its appreciation to the

Commission for its briefings to members of the Security Council, and recommends the

continuation of future briefings;

31. Also decides to remain seized of the matter.

41st meeting

1 October 2015

[Adopted by a recorded vote of 29 to 6, with 12 abstentions. The voting was as follows:

In favour:

Albania, Argentina, Botswana, Brazil, Côte d’Ivoire, El Salvador, Estonia,

France, Gabon, Germany, Ghana, Ireland, Japan, Latvia, Maldives, Mexico,

Montenegro, Morocco, Netherlands, Paraguay, Portugal, Qatar, Republic of

Korea, Saudi Arabia, Sierra Leone, the former Yugoslav Republic of

Macedonia, United Arab Emirates, United Kingdom of Great Britain and

Northern Ireland, United States of America

Against:

Algeria, Bolivia (Plurinational State of), China, Cuba, Russian Federation,

Venezuela (Bolivarian Republic of)

Abstaining:

Bangladesh, Congo, Ethiopia, India, Indonesia, Kazakhstan, Kenya, Namibia,

Nigeria, Pakistan, South Africa, Viet Nam]