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Wednesday, October 26, 2016

Chemical Investigation Body -JIM Renewal Resolution: Technical Rollover

[PP1] Recalling its Resolutions 2235 (2015), 2209 (2015) and 2118 (2013),
[PP2] Noting that additional allegations of chemical weapons use in Syria are being investigated by the Fact-Finding Mission of the OPCW,
[PP3] Condemning again in the strongest terms any use of any toxic chemicals as a weapon in the Syrian Arab Republic and expressing alarm that civilians continue to be killed and injured by toxic chemical as weapons in the Syrian Arab Republic,
[PP4] Reaffirming that the use of chemical weapons constitutes a serious violation of international law and reiterating that those individuals responsible for any use of chemical weapons must be held accountable
[OP1] Decides to renew the mandate of the Joint investigative Mechanism, as set out in Resolution 2235, for a further period of one year from the date of adoption of this resolution, with a possibility of future extension by the Security Council if it deems necessary;
[OP2] Reaffirms paragraphs 4, 7, 8, 9, 12, and 15 of Resolution 2235;
[OP3] Requests the United Nations Secretary-General, in coordination with the OPCW Director-General, to present a report to the United Nations Security Council and inform the OPCW Executive Council every 60 days on the progress made;
[OP4] Requests the Joint Investigative Mechanism to complete a further report within 90 days of adoption of this resolution, and complete subsequent reports as appropriate thereafter, and requests the Joint Investigative Mechanism to present the report, or reports, to the United Nations Security Council and inform the OPCW Executive Council;

[OP5] Decides to remain actively seized of the matter.
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Monday, October 17, 2016

Canada Seeks General Assembly Action on Syria After Security Council's "Failure"

Permanent Mission of Canada to the United Nations
October 13th, 2016

H.E. Mr. Peter Thomson,
President of the seventy first session of the UN General Assembly
United Nations Headquarters, Conference Building, Room CB-0246
New York, NY 10017

Your Excellency,
We have the honour to write to you on behalf of 69 Member States, including Albania, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain, Belgium, Brazil, Bulgaria, Canada, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Jordan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Mexico, Federated States of Micronesia, Moldova, The Kingdom of the Netherlands, New Zealand, Norway, Palau, Panama, Peru, Poland, Portugal, Qatar, Romania, San Marino, Saudi Arabia, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States of America and Uruguay to express our serious concern about the humanitarian tragedy that continues to unfold in Syria.

We are deeply concerned that the international community has failed to address the overwhelming humanitarian needs of Syrians and to halt the attacks against civilian targets in Aleppo and other parts of Syria. The failure, in this case, by the United Nations Security Council to carry out its responsibilities for the maintenance of international peace and security in Syria is troubling.

The General Assembly also has responsibilities which should be exercised in regard to the maintenance of international peace and security. The victims of this tragedy deserve action, starting with a cessation of hostilities and immediate humanitarian access allowing for a resumption of political talks and unhindered access.

We are, therefore, calling on you as President of the General Assembly to immediately call a plenary meeting of the current General Assembly. This would allow the entire United Nations membership the opportunity to address this issue, in accordance with the UN Charter. We believe that such a meeting is an important first step for Member States to explore concerted action to apply pressure on the parties to the violence and, ultimately, protect the lives of those innocent civilians who remain in harm’s way. This meeting would also assist Member States in determining whether to call for an Emergency Special Session of the General Assembly.

We stand ready to support you in your role as President of the General Assembly and urge you to bring this issue to the full UN membership and the Secretary -General.

Please accept Excellency the assurances of our highest consideration.

Sincerely yours,
Marc-Andre Blanchard
Ambassador and
Permanent Representative
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Friday, October 7, 2016

De Mistura's Truce Plan: Nusra, Heavy Weapons Out of Eastern Aleppo

As delivered


Friday, 7 October 2016
Mr. President,
1. Let me first of all give you a bit of the context, and I will definitely refer to the proposal.  Since I last briefed you during the emergency session of the Council on 27 September the situation in Aleppo has continued to deteriorate in front of our own eyes.  In eastern Aleppo, 275.000 civilians, including 100.000 children, are subject to daily, often indiscriminate bombardment, including reportedly by cluster-ammunition and bunker-busting weapons.  Since 19 September, this has been exacerbated by a ground-offensive by the Syrian and allied armed forces. People have nowhere to hide.  And while some sources on the ground tell us that bombardment has decreased somewhat in the last 3 days after the government has announced it would scale back, we cannot simply welcome a simple piecemeal reduction. Why?  Because since 23 September to 5 October, 376 people have been reported killed, one third of them actually children.  And a further 1266 civilians, including many children, have been wounded. 

2. While not anything like of the same scale, the civilian population of the Government-controlled parts of Aleppo is also affected by the continuing conflict in Aleppo city. There’s been shelling by the Armed Opposition Groups in eastern Aleppo, including by raining down with home-made hell fire rockets, is claiming victims in western Aleppo on a regular basis – including multiple mortar rounds which have been hitting al-Jamiliah neighbourhood yesterday, reportedly killing 11 people and leaving 70 wounded.  In other words, both sides have been affected, but let’s be frank, no comparison with eastern Aleppo.  So let’s go back to eastern Aleppo.

3. Eastern Aleppo is now besieged –not de facto, formally-, and last reached by the UN on 7 July, a long time ago as we are now in October, and food is rapidly running out. As both water and electricity plants are damaged, the access to energy and running water is deeply insecure, creating a risk of water-borne diseases. A lack of adequate medical care is a death sentence for many of the wounded. That is why we are in such a hurry for trying to find some type of medical evacuation.  All of the hospitals in eastern Aleppo have been struck by bombs at least twice, making it hard to argue that this was not deliberate. Just in the last week alone, there have been seven attacks, and two hospitals have been almost completely destroyed. Medical staff are working around the clock, to care for the wounded with the limited resources they have. Every day, they have to choose how to use their limited means. Who to treat, and who to let die. It is estimated that at least 200 patients require urgent medical evacuation. They do so at great personal risk. Last week, three of only 35 doctors remaining in eastern Aleppo have been killed, together with two nurses. 

4. A humanitarian pause, consisting of at least two consecutive days of calm when arms will fall silent, would certainly allow us to evacuate the most urgent cases among the sick and the wounded, and deliver much needed humanitarian assistance to eastern Aleppo. Of course, the fear is that this could become just a band-aid for a wound and three days later the bombing would start again.  The UN and our partners have been working on a medical evacuation plan, together with the support of the EU, in order to act any time we can. I would like to stress that these days of calm will not be used for any other purpose at this time – only medical evacuation. However, let me be clear, the United Nations and its humanitarian partners will be unable to undertake these medical evacuations alone, unless we receive an agreement and a firm commitment from the Government of Syria, the Russian Federation, the United States and Syrian opposition and armed groups for at least two consecutive days of calm and tranquillity while humanitarian/medical workers safely evacuate those in need.  I repeat, if that happens it would be extremely welcome but it would be band aid, it would not solve the situation, they would keep some people who are wounded alive and it would give a short reprieve to the city, but next thing that would happen would be bombardment again until it is destroyed.  The UN will designate specific focal points to coordinate the operational details of the medical evacuation plan with the concerned parties on the ground, if this moves forward.

5. In Aleppo, hundreds of thousands of civilians need protection. The Secretary-General has repeatedly expressed his outrage at what is happening in the strongest possible terms, including in this very Council.  The heavy and indiscriminate aerial bombardment is a major threat to the civilian population in eastern Aleppo. It has to stop, it has to stop. The same is true for the indiscriminate shelling of western Aleppo, it has to stop.  And there must be immediate, unhindered humanitarian access to eastern Aleppo and all besieged areas.  West Aleppo in that sense, has no problem, it is not besieged, aid can come and is coming, and so is food.  Civilians must be protected and the cessation of hostilities must be restored in all of Syria.  

6. So let me be clear: I hope this Council will take decisive action on Aleppo. I hope the cessation of hostilities can be restored, and the bombardment of civilian areas will cease. 

7. Unfortunately, however, the fighting has continued and is continuing unabated. If the cruel, constant bombing does not stop, eastern Aleppo could be totally destroyed by Christmas, and we know it already today – at this rate there will be no eastern Aleppo by Christmas.  When I last briefed you, I warned of a slow, grinding, street-by-street fight – and this is exactly what we see transpiring. 

8. The scale of the tragedy is already massive and the depth of the distress among the civilians is profound, but the situation may even get worse if military activities do continue at this rate. Thousands of the 275,000 people, of which 100,000 children, who are trapped in the city may get killed or wounded, and many may seek to leave the city and become internally displaced or refugees. This cannot be an option and the world cannot passively wait for this to happen. There is a need for urgent action to avert another Srebrenica, another Rwanda. We have the moral duty to act, on behalf of everyone who is outraged, shocked and frustrated by what they are seeing and unable to do something about.

Mr. President, Members of the Council,
9. A lot has been said about the presence of al-Nusra in eastern Aleppo. One parenthesis:  I hope we all agree al-Nusra is a terrorist organisation listed by the United Nations Security Council, so we are talking about them, al-Nusra a terrorsit organisation and identified with al Qaeda despite any cosmetic changes to their name.  According to our estimates, the group has a maximum of 900 fighters in the city of eastern Aleppo. I hear lower numbers from some sources. I hear higher numbers from other sources. The UN is in a position to make an estimate more accurate every day, and in fact, we also have means to do so, and there will no game of numbers here - maximum 900 without question, probably less than that, some of them have already left, because they are cowards, they tend to normally do that, that’s what they did in the past.  And they are, as we know, all of them listed.  

10. As I have repeatedly stated, their presence should not be used as an alibi -I used this word carefully, but with calculated care-  the presence of perhaps maximum 900 al-Nusra terrorist fighters -they are the only fighters we identify as terrorists, you identify as terrorists at any rate- should not be used as an alibi for the continued assault, bombing, for which there cannot be any justification. 

11. Yesterday, during the press stakeout following the meeting of the ISSG Humanitarian Task Force in Geneva, I floated one idea consisting of the following elements:
- An immediate and total halt of the bombing of eastern Aleppo.
- The evacuation of the al-Nusra fighters from eastern Aleppo – in dignity and with their weapons – to Idlib or to any other place in Syria;
- Keeping the local administration intact and ensuring that it can continue do its work unhindered; and
- Some form of international presence.

12. Obviously, official guarantees will be needed to ensure the safe exit of the al-Nusra fighters, including from the Russian Federation. As I have stated before, I am personally ready physically to accompany them, should this help to convince them to accept my proposal and not keep the whole city and population of eastern Aleppo as their hostage. 

13. Guarantees, also including from the Russian Federation, will also be needed to ensure the ability of the local administration, including local security, to continue functioning without any government interference - without any government interference.  For this reason, an international presence would be welcome and needed, drawing on ideas already discussed in the context of the cessation of hostilities. And those guarantees have to be given in writing.

14. The detailed plan of the evacuation of the al-Nusra fighters, with Russian guarantees for safe passage and potential appropriate UN presence, has to be worked out. We should also of course continue to consult with concerned Syrian parties and relevant member states with influence on the sides, to convince al-Nusra to leave the place.  In this respect I take note of the Syrian National Coalition’s statement that they will discuss the proposal with AOGs in Aleppo and on the basis of UN providing guarantees. Other senior representatives of the opposition have remained open to entertaining favourably aspects of this proposal, in view of the fact they may not be able to say so but they too also feel that al-Nusra in a way is becoming an alibi for an indiscriminate bombing, and this should not be left untouched.

15. Let me be clear on a few points:  First, this is separate and distinct from efforts for urgent medical evacuations and humanitarian access.  If that takes place, we will be delighted, you can imagine, and we don’t want the two things to be contaminated.
16. Second, nothing of what I described can happen without prior cessation of the bombardment of the civilian areas and a ceasefire.  For instance, we have to prepare this to make sure that civilians are reached, in a safe environment, and those of al-Nusra, who we hope will decide to leave, can do so safely.  And third, nothing here is a substitute for any action that you, as the Council might take.  The two things are disconnected, mine is a cri du cœur, as they say in French, it is an appeal and a proposal in order to try to unlock what otherwise is going to be an ongoing complete destruction of the city.  

17. Fourth, this is NOT a call, as some have said, for the evacuation of the Armed Opposition Groups from eastern Aleppo. It is not a call for the evacuation of the Armed Opposition Groups from eastern Aleppo. It is for the voluntary evacuation of al-Nusra, the terrorist organisation listed by yourselves.  And it therefore is clearly different from existing local agreements. It is not one of the local agreements that you are famously aware of – and we are too.  It is an idea floated by me that a group identified by this Council as a terrorist group should safely leave in dignity, despite the way they treat us, in order to save a great city, to save 275,000 people from an appalling fate, and to remove an alibi for an ongoing indiscriminate bombing. If al-Nusra are 900 people, then 900 will have to leave. If they are less, then less will leave. We will be actually involved in that.  The point is that every Nusra fighter will leave the city and the rest will stay if they want to. 

18. Fifth, it is NOT a call for the evacuation of the civilian population of eastern Aleppo, just the contrary, and this has been misinterpreted by some in the media.  It is not an evacuation of the population, no ethnical cleansing, just the contrary.  It is the contrary of that, in fact it is a call for them to be able to stay where they are, without Nusra terrorists or indiscriminate bombing used as argument to destroy al Nusra – and with guarantees and humanitarian aid, and their own independent current administration.

19. Sixth, local administrations should be allowed to perform all functions, including judicial and public safety functions, -also in self-protection against spoilers- with the support of the non-Nusra AOGs in situ.   This would naturally, as everything in this context, be a temporary arrangement until there is a political solution to the crisis agreed upon by all parties.  We will always be in favour of one Syria, this is however, at the moment, an emergency.  

20. Seventh, any arrangement would have to clear that appropriate weaponry would be allowed to remain with elements of the armed opposition (non-Nusra) groups who would provide public safety inside eastern Aleppo.

21. Eight, unimpeded humanitarian access to eastern Aleppo and civilian and commercial traffic should also be allowed, provided no weapons are being transported, by putting in place monitoring arrangements along the lines already discussed with respect to eastern Aleppo under the 9 September agreement between the US and the Russian Federation, which remains still unimplemented.

22. Last but not least, while this is a call for immediate halting of all military operations across the entire city of Aleppo, with the frontlines staying as they are as of the time of entry into force of this possible agreement, it DOES NOT lessen our appeal for an immediate return to a nationwide cessation of hostilities, which always will remain our major target. Nor should it provide justification for intensified fighting elsewhere in the country.  Let me stress that as the United Nations, we put every idea we have in the context of getting back urgently to a political process. 

Mr. President,

23. We are in an emergency situation, that is why we are meeting today, and it requires emergency efforts.  This may be a way to save 275,000 people from more horror and death, and save one of the great cities of Syria, the Arab world, and the world from every other consequence, and enable a modicum of co-existence and perhaps trust-building within Syria and among and between the major outside players if this takes place, and take a leap forward towards a reduction in fighting and a real political process. I am full of respect for any decision that this Council will want to take, and I will not interfere with that, and I am always open to better ideas – but concrete ideas please, to save Aleppo. But I am not open to no ideas.  The writing on the wall I said yesterday is there – if this continues, and the alibi of al-Nusra stays there, and the bombardment continues to take place, by December you and us will be watching the destruction of eastern Aleppo, hundreds of thousands of refugees moving towards Turkey, our conscience saying: in October we could have stopped it, and another Srebrenica or Rwanda being on our consciences.  I have gone through that period, I don’t want to be part of it.  That’s why with you I hope we can find a concrete formula.  
Thank you.  
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French blue draft resolution on Aleppo

The Security Council, 
 Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2175 (2014), 2191 (2014) 2209 (2015), 2254 (2015) 2258 (2015) and 2268 (2016),  
Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations, 
Gravely distressed by the continued deterioration of the devastating humanitarian situation in Syria, and the fact that now more than 13.5 million people are in need of humanitarian assistance in Syria, and that about 6.1 million people are internally displaced (in addition to the half a million Palestinian refugees who had settled in Syria), several hundred thousands of people are suffering in besieged areas, 
Expressing outrage at the alarming number of civilian casualties caused by  escalating level of violence and at the intensified campaigns, in recent days, of indiscriminate aerial bombings in Aleppo and recalling in this regard the statements made on 25th September by the Secretary General's Special Envoy for Syria, Staffan de Mistura, reporting a situation in eastern Aleppo that “deteriorates to new heights of horror”, as well as by Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O’Brien, on 29th September, reporting a situation of “now besieged eastern Aleppo”, 
Strongly condemning the increased terrorist attacks resulting in numerous casualties and destruction carried out by the control of Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al Nusrah Front (ANF) and all other individuals, groups, undertakings and entities associated with Al Qaeda or ISIL (also known as Daesh), and other terrorist groups, as designated by the Security Council, and reiterating its call on all parties to commit to putting an end to terrorist acts perpetrated by such organizations and individuals while reaffirming that terrorism in all its forms constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever, and by whomsoever committed, 
Gravely concerned at the lack of effective implementation of its resolutions 2139 (2014), 2165 (2014), 2191 (2014) and 2258 (2016) and recalling in this regard the legal obligations of all parties under international humanitarian law and international human rights law, as well as all the relevant decisions of the Security Council, including by ceasing all attacks against civilians and civilian objects, including those involving attacks on schools, medical facilities and the deliberate interruptions of water supply, the indiscriminate use of weapons, including artillery, barrel bombs and air strikes, indiscriminate shelling by mortars, car bombs, suicide attacks and tunnel bombs, as well as the use of starvation of civilians as a method of combat, including by the besiegement of populated areas, and the widespread use of torture, ill-treatment, arbitrary executions, extrajudicial killings, enforced disappearances, sexual and gender-based violence, as well as all grave violations and abuses committed against children, 
Taking note of the decision of the Secretary-General to establish an internal United Nations Board of Inquiry on the incident involving bombing of a United Nations – Syrian Arab Red Crescent relief operation to Urum al-Kubra, Syria, on 19 September 2016, urging all parties concerned to cooperate fully with the Board and underlining the importance of completing the investigation without delay with a view to hold the perpetrators accountable,
Strongly condemning the widespread violations and abuses of human rights and violations of international humanitarian law, stressing the need to end impunity for these violations and abuses, and re-emphasizing in this regard the need that those who have committed or are otherwise responsible for such violations and abuses in Syria must be brought to justice, 
Emphasizing that the humanitarian and human rights situation in Syria continues to constitute a threat to peace and security in the region, and will continue to deteriorate further in the absence of a political solution to the crisis, and stressing in this regard that there is no military solution to the conflict in Syria,
Reaffirming its intent, expressed in its resolution 2258 (2015) to take further measures in the event of non-compliance with this resolution or resolutions 2139 (2014), 2165 (2014) and 2191(2014), 
Taking note of the efforts undertaken in the framework of the International Syria Support Group to implement a cessation of hostilities in Syria and to facilitate humanitarian access and assistance, and recalling its resolution 2268 urging all Member States, especially members of the International Syria Support Group, to support efforts to create conditions for a durable and lasting ceasefire,
Recalling that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council’s decisions, 

1. Demands that all parties to the Syrian conflict, in particular the Syrian authorities, immediately comply with their obligations under international humanitarian law and international human rights law as applicable, including with respect to all besieged and hard-to-reach areas, and fully and immediately implement all the provisions of Security Council resolutions 2139 (2014), 2165 (2014) 2191 (2014), 2199 (2015), 2254 (2015), 2258 (2015) and 2268 (2016), and recalls that those violations and abuses committed in Syria that may amount to war crimes and crimes against humanity shall not go unpunished; 
2. Urges immediate implementation of the cessation of hostilities as well as immediate, safe and unhindered humanitarian access throughout Syria;

3. Demands that all parties immediately end all aerial bombardments of and military flights over Aleppo city;

4. Calls on all parties to prevent material and financial support from reaching individuals, groups, undertakings and entities associated with Al Qaeda or ISIL (also known as Daesh), and other terrorist groups, as designated by the Security Council, and urges members of the International Syria support group to dissuade any party from fighting in collaboration with them; 

5. Underlines the need for an enhanced monitoring of the respect of the cessation of hostilities under the supervision of the United Nations, requests the Secretary General to propose options to this effect, with a view to a swift implementation, and encourages all member States, especially the members of the International Syria Support Group, to increase their contribution to the information of the monitoring mechanism; 

4. bis Demands all parties to comply with United Nations and their implementing partners requests for humanitarian access including by observing the cessation of hostilities as described in resolution 2268 (2016), and ending all bombardments of and military flights over Aleppo city , in order to facilitate safe and unhindered humanitarian access including to all of Aleppo by the United Nations and their implementing partners, recognizing this requires a sustained absence of violence as determined sufficient by the United Nations and their implementing partners to allow humanitarian assistance; 

4. ter Underlines that humanitarian access should be to the full number of people in need as identified by the United Nations and their implementing partners, with the full spectrum of humanitarian assistance as determined by the United Nations and their implementing partners, and evacuation of urgent medical cases should be facilitated by all sides based solely on urgency and need; 

5. Requests further the Secretary-General to report to the Council on the implementation of this resolution, by all parties to the Syrian domestic conflict, every two weeks; 

6. Reiterates that the only sustainable solution to the current crisis in Syria is through an inclusive and Syrian-led political process that meets the legitimate aspirations of the Syrian people, with a view to full implementation of the Geneva Communiqué of 30 June 2012 as endorsed by resolution 2118 (2013), 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 continuity of governmental institutions, as well as full implementation of resolutions 2254 (2015) and 2268 (2016);

7. Expresses in this regard its fullest support for the Special Envoy’s efforts towards a full implementation of resolution 2254 and urges all parties to the Syrian domestic conflict to cooperate constructively and in good faith with the Special Envoy to this end, especially with  a view to immediately address the situation in Aleppo;

8.  Expresses its intent to take further measures under the Charter of the United Nations in the event of non-compliance with this resolution by any party to the Syrian domestic conflict; 

9.  Decides to remain actively seized of the matter.
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Wednesday, September 21, 2016

De Mistura: Opposition needs to understand transition is not solely about Assad

Staffan de Mistura
Special Envoy of the Secretary-General on Syria
Remarks to meeting of the Security Council
21 September 2016
Mr. President,
The Secretary-General has spoken powerfully about this terrible conflict and of the need to open the road to political talks that focus on the fundamental issues for a viable transition. He has requested me to be ready to present to the parties a draft framework of proposals as a starting point for negotiations for a Syrian-owned and Syrian-led political transition. And I am ready.

Let me offer a few observations in this regard.

Firstly, the United Nations has done its due diligence to understand the needs and fears of the sides, even if their starting positions cannot be satisfied.  Over the last two years it has engaged extensively with Syrian stakeholders, whether in the Geneva Consultations or in three rounds of formal proximity talks, technical discussions, shuttle diplomacy in the region, or through the ISSG and 18 Special Envoys. I have taken account of the inputs made in this engagement.

Secondly, it should be noted that remarkable points of convergence have emerged from intra-Syrian talks about what essential governing principles should frame transition and any end-state constitutional arrangement for Syria in the future. These commonalities demonstrate how close the sides visions are - of an open, civil, all-inclusive, non-sectarian, pluralist, democratic, unified state, based upon the rule of law, in which all components of Syrian society are recognized, respected and whose fundamental freedoms are enshrined and protected in a new constitution.

Third, in round three both sides accepted that the agenda was political transition. The Secretary-General referred to the Mediator’s Summary which captured further commonalities on transition and set out the issues that need to be addressed for a viable transition. As we know that Summary was subsequently endorsed by the ISSG as “the basis for the next round of the intra-Syrian negotiations,” which thereafter urged the parties “to reach agreement on a framework for a genuine political transition.” It was within this context that on 26 July the ISSG requested that I develop proposals.

Mr President
As soon as talks resume, it is my intention to put proposals to the sides as a starting point for negotiations and as a means by which to move to direct talks. The Secretary General takes the view that nothing short of presenting a draft framework will move the sides towards negotiating a transition.

Fourth, it follows that any proposals I present would proceed upon the basis that the conflict in Syria cannot be resolved military but only through a Syrian owned and led political negotiating process between the Government and the Opposition, in which a framework is agreed, based upon mutual consent, capable of effecting a genuine, irreversible political transition leading to a new constitution and free and fair elections, while preserving the continuity and reform of state institutions, in accordance with Security Council Resolution 2254.

Fifth, in our view any viable transition must inevitably:

(a) address how power is to be exercised in practice by transitional governance, including in relation to the presidency, executive powers and control over government and security institutions;

(b) involve power being shared, devolved and gradually exercised during transition in an agreed manner, in accordance with good governance principles, and subject to domestic and international guarantees;

(c) require the creation of collective transitional bodies to oversee a national ceasefire, humanitarian relief and the creation of a calm, neutral environment to enable free peaceful political activity to occur in relation the adoption of a constitution and the holding over free and fair elections;

(d)be accompanied by sustained international efforts to help reconstruct Syria as soon as genuine and verifiable transition gets underway.

The Opposition therefore needs to understand that transition is not solely about one person or the transfer of power from one political faction to another. While the Government needs to understand that transition involves a genuine devolution of power and not just the absorption of the Opposition into a government ruled by one man. It is about how power should be exercised differently as Syria moves forward.

Above all both sides need to recognise that any transition needs to be all-inclusive and agreed through mutual consent. I therefore appeal to all of you in this Council to reflect carefully on what the Secretary-General has said and the few points I have added, and to do all you can tohelp the Syrian parties to understand that if peace is to be made, if they are to save their country, if there is to be a transition, it will require a genuine readiness to negotiate and to compromise, and that this framework approach will be intended to provide them with that opportunity.
Thank you, Mr. President.
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Thursday, August 25, 2016

In a letter to Ban, Libyan Parliament warns of suing the UN

Libyan House of Representatives
H.E. Ban Ki Moon
Secretary General of the UN
New York

Further to my letter of 7 July 2016, I would like to draw your attention that the premature and unjustifiable recognition by the UN Security Council in its resolution 2259 (2015) of the Government of National Accord, before it is constituted and approved, does not give the right to the UN Secretariat to violate the Libyan Constitution and the Charter of the UN, by imposing a group of individuals on the Libyan people, under the name of the GNA to replace the legitimate government, and inviting them to represent Libya at the UN meetings.

Thousands o f Libyans sacrificed their lives to get rid o f the dictatorship and establish the rule of law. The Libyans will not accept any new dictatorship even if it comes through the UN Secretariat who chose to trample the Libyan constitutional declaration and violate the Libyan political agreement to accommodate the wish o f certain countries and their interests.

The UN is well aware that the so called GNA does not exist legally and physically. What exists is a Presidential Council designated who has not yet took oath before the Parliament, never met in full membership, and never took any decision by consensus among its nine members as provided for in the Political Agreement. Furthermore the Presidential Council is obliged by article 2 of the Governing Principles of the PA to the full commitment to the Constitutional Declaration which still gives all executive and legislative powers to the House of Representatives. This situation will continue to prevail until the Political Agreement is integrated into the Constitutional Declaration pursuant to the dispositions of the Political agreement itself.

The Presidential Council can never be the Government, nor can it be the head of a non-existing entity. The eighteen proposed ministers have not yet been approved by the House of Representatives. Four of them withdrew their names from the proposed government, while those who started working as acting ministers have no legal bases to act as ministers.

The president and the members of the Presidential Council are a group of individuals agreed upon by the participants in the Libyan political dialogue to lead, in a consensual way, a government of national accord to be formed latter, not to qe themselves the Government ofNational Accord. Thus no internal or external entity can pretend that they are the legitimate government of Libya, or they have the right to represent Libya in International Fora. Their decisions cannot be legitimate even if taken by consensus.

We agree with all that the international support to any government of national accord is needed, but it should not be an alternative to the legal and constitutional framework in effect.

The last months proved that the United Nations' unconditional and unjustifiable support to the incomplete Presidential Council has encouraged them to violate the Political Agreement and submit to the will of the armed groups in Tripoli which led to more deterioration of the security situation and the living conditions of the Libyan citizens.

Actions taken by the UN Secretariat with regard to the representation of Libya in the Organization's meetings make it part of the Libyan problem, and could complicate further the Libyan political scene, contribute to prolong the division and impede all initiatives to resolve the Libyan crisis. I f this stubborn attitude o f the UN persists the House of Representatives will be obliged to sue the United Nations before the International Court of Justice for violating the United Nations Charter and the Libyan Constitution as well as the Libyan sovereignty.

Please accept, Excellency, the assurances of my highest considerations.

Agila Saleh Issa
President of the House of Representatives

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Wednesday, August 10, 2016

Russian Counter Draft on Aleppo: Fighting Terrorism, Cooperation with Syrian Government

The Members of the Security Council were briefed by the Secretary General’s Special Envoy for Syria, Staffan de Mistura and Under Secretary General for Humanitarian Affairs and Emergency Relief coordinator Stephen O’Brien on 9 August 2016.

The members of the Security Council underscored their strong resolve to combat the terrorist threat faced by Syria by all means in accordance with their obligations under the UN Charter and international law. In this regard they called on all opposition groups to immediately disengage from terrorists, halt supporting them and engaging in their actions and recalled that, according to its counterterrorism resolutions, such support or engagement may lead to further listings under its sanctions regime.

The Members of the UN Security Council reiterate their resolve to address all aspects of the dire humanitarian situation in Syria, which has deteriorated due to the increase in terrorist activities . Members of the Security Council reiterated their call for immediate, unhindered and complete humanitarian access to all areas of Syria, the immediate lifting of all sieges, including to all areas of Aleppo – regardless of the controlling party. As one element of the comprehensive efforts to achieve this, the Members of the Security Council expressed their support for the call of Under Secretary General for Humanitarian Affairs, Stephen O'Brien, that all parties abide by recurring substantial pauses in fighting to ensure sustained humanitarian deliveries via cross line and cross border convoys to Aleppo can commence safely and effectively. 

The members of the Security Council underscored the imperative to ensure the exclusively humanitarian nature of convoys and called to immediately take exhaustive measures in order to prevent foreign terrorist fighters from crossing borders and stop illegal flow of weapons into Syria.

The Members of the Security Council welcomed all initiatives aimed at improving the humanitarian situation in Syria and also stressed that any humanitarian initiative must operate according to humanitarian principles and be led by impartial humanitarian actors acting in close cooperation with the government of the Syrian Arab Republic. Any proposed humanitarian initiatives for civilians to escape the fighting must be guaranteed by all sides and independently implemented and monitored, and all civilians should be guaranteed voluntary, free movement, including the right to choose their route and destination, if they choose to leave. They stressed the need to demilitarize medical facilities, schools and other civilian objects and avoid establishing military positions in populated areas and using civilian population as human shield. Humanitarian aid must be delivered to the population wherever they may be, irrespective of whether they chose to leave or remain in Aleppo.

Тhе members of the Security Council noted with appreciation that warring parties in over 300 locations throughout Syria had signed cease-fire agreements and encouraged all sides in Aleppo to follow the suit.

The members of the security council underlined that any long-term alleviation of the dire humanitarian situation cannot be achieved without lifting unilateral sanctions imposed on the Syrian Arab Republic.

The Members of the Security Council reiterated their support for the Humanitarian Task force of the International Syria Support Group and called on all parties to cooperate with its efforts to ensure immediate, unhindered and complete humanitarian access and the efforts of the ISSG members to revive the Cessation of Hostilities. Members of the Security Council noted that the aforementioned pauses will not apply to offensive or defensive actions against Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Nusra Front (ANF), and all other individuals, groups, undertakings, and entities associated with Al Qaeda or ISIL, and other terrorist groups, as designated by the Security Council. 

The Members of the Security Council underscored that the situation will continue to deteriorate in the absence of a political solution and reaffirmed its support for a Syrian-led political process facilitated by the United Nations.
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