Council Concludes Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Belarus
The Human Rights Council this morning held an interactive dialogue on the oral update of the Independent International Fact-Finding Mission on the Islamic Republic of Iran and started an interactive dialogue on the oral update of the Independent International Commission of Inquiry on the Syrian Arab Republic. It also concluded an interactive dialogue with the Special Rapporteur on the situation of human rights in Belarus.
Sara Hossain, Chairperson of the Independent International Fact-Finding Mission on the Islamic Republic of Iran, said the Government of Iran had announced that 22,000 people had been pardoned in connection with the protests. The conditions of these pardons were concerning, in that protesters were reportedly made to “express remorse” and to effectively admit guilt.
Ms. Hossain said since November, at least 26 individuals had reportedly been sentenced to death in connection with the protests and dozens more had been charged with offences carrying the death penalty. Seven men had already been executed following hasty proceedings marred by serious allegations of fair trial violations. In May, Iran’s Head of the Judiciary announced that the authorities would continue to execute people sentenced to death in connection with the protests. The Fact-Finding Mission called on the Iranian authorities to stop the executions of individuals convicted and to make available the judicial files, and to release all those detained for exercising their legitimate right to peaceful assembly.
Iran, speaking as a country concerned, said several Western countries had been involved in fomenting the riots. The policy of Iran vis-à-vis the riots was to use the minimal legal powers. In the wake of the recent amnesty granted by the Supreme Leader, nearly all of the accused and convicts, both those in custody and those released on bail, were granted pardons. Iran had established an independent and professional committee with the objective of identifying and addressing all material and bodily harm suffered by citizens, and receiving and investigating the complaints and claims about the violation of people’s rights during the incidents. Despite Iran’s accountability, establishing a so-called fact-finding mission was indeed an entirely politically motivated and unacceptable move, and it had hastily made comments based on unreliable sources.
In the discussion on Iran, some speakers commended the Fact-Finding Mission for their victim-centred approach and reiterated support for its efforts towards justice and accountability in Iran. Many speakers expressed concern at the deteriorating human rights situation in Iran. Some speakers said they were extremely worried by the violent response of the Iranian security forces to the peaceful protests that followed the killing of Jina Mahsa Amini in police custody, and the subsequent arrest, detention and execution of peaceful protesters. The authorities were using the death penalty as a tool to chill dissent. Other speakers said the establishment of the Fact-Finding Mission was a manifestation of the non-constructive approach, and the mandate was nothing but a series of attempts to target Iran and interfere in its affairs. The Council was urged to pursue a path of constructive engagement with Iran with genuine dialogue and cooperation.
Speaking in the discussion on Iran were the European Union, Venezuela on behalf of a like-minded group, Finland on behalf of the Nordic-Baltic countries, Costa Rica on behalf of a group of countries, Venezuela on behalf of a group of countries, Germany, Netherlands, Liechtenstein, Israel, Italy, Slovenia, Costa Rica, Luxembourg, Australia, United States, France, Canada, Malta, Syria, United Kingdom, New Zealand, Ireland, Democratic People’s Republic of Korea, Venezuela, Zimbabwe, Austria, North Macedonia, China, Switzerland, Iceland, Republic of Moldova, Albania, Argentina, Cuba, Romania, Lao People’s Democratic Republic, Belarus, Ukraine, Nicaragua, Russian Federation and Belgium.
Also speaking were Justice for Iran, Ltd, Organization for Defending Victims of Violence, International Educational Development, Inc., Maryam Ghasemi Educational Charity Institute, Minority Rights Group, Article 19 – International Centre Against Censorship, Lawyers for Lawyers, Lawyers’ Rights Watch Canada, International Federation for Human Rights Leagues, and Charitable Institute for Protecting Social Victims.
The Council then started an interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic.
Paulo Pinheiro, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said refugees surveyed said they feared returning due to the security situation Syria and the risks they ran of extortion, being arrested and imprisoned, being conscripted and sent to the front lines, alongside a critical lack of livelihood and work opportunities. Very small numbers, from the over 7 million Syrians who fled abroad, were returning. Steps needed be taken, including through independent international verification on the ground, to ensure that those who returned faced no harm and could receive adequate assistance to make their return sustainable. Today such conditions did not exist.
Mr. Pinheiro said grave crimes were still being committed in Syria. Arbitrary arrests, torture, ill-treatment, enforced disappearances and deaths in detention continued, by the State, terrorist groups, the opposition Syrian National Army and the Syrian Democratic Forces. The Commission welcomed the initiation of proceedings at the International Court of Justice to hold the Syrian State accountable for failing to adhere to its obligations under the United Nations Convention against Torture. Last week’s long-awaited General Assembly resolution establishing an international institution for the missing was also welcomed. Now this ground-breaking institution could provide support, solace, and perhaps hope, for the millions impacted.
Syrian Arab Republic, speaking as a country concerned, said the bias of this Commission against the Government of Syria was an integral part of its establishment and its methodologies of work over the past years. The Commission had failed to provide an objective assessment of the situation in Syria, its causes and consequences. This failure was embodied in its work which was based on ignoring or justifying the illegal and immoral policies of countries that occupied parts of the territory of Syria, launched military attacks and assaults against it, supported terrorist and separatist groups, plundered its natural resources, destroyed its archaeological monuments, and imposed immoral and inhuman unilateral coercive measures. This situation had turned this Commission of Inquiry into a tool that assisted in committing these crimes.
In the ensuing discussion, one speaker firmly condemned the persistent, widespread, systematic and serious violations and abuses of human rights and all violations of international humanitarian law by all parties to the conflict, especially by the Syrian regime and its allies. Another speaker voiced serious concern at the continued proliferation of unilateral, country-specific mechanisms that purported to conduct an impartial assessment of the human rights situation in specific States, when their real intention was to weaponise human rights against sovereign States and national governments, with the purpose of, among others, meddling into their internal affairs.
Speaking in the discussion on the Syrian Arab Republic were the European Union and Venezuela on behalf of a group of countries.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the situation of human rights in Belarus, which began yesterday. A summary can be viewed here.
In concluding remarks, Anaïs Marin, Special Rapporteur on the human rights situation in Belarus, encouraged States to continue to engage with the Belarusian authorities, especially through the Universal Periodic Review. Now was the right time to demand a mid-term report. States needed to remind the authorities to be consistent and deliver on what they had agreed to. Extending invites to nine mandate holders was a good start, and Ms. Marin hoped the Government would grant her colleagues unhindered access to the country, including places of detention. Fighting impunity was essential to preventing reoccurrence. Member States could work towards accountability through national proceedings.
In the discussion on Belarus, some speakers said the human rights situation in Belarus continued to deteriorate. Political prisoners were held in unbearable conditions, including many prisoners in incommunicado detention, which served to put pressure on them and provided a chilling warning to those outside prison walls. The criminalisation of journalists continued, and they were being sentenced for longer terms than those sentenced for murder. The number of independent lawyers had considerably decreased because of prosecution and harassment. It was of utmost importance for the international community to remain vigilant and support the Special Rapporteur and human rights organizations in their efforts to end the prevailing impunity within the country.
Speaking in the discussion on Belarus were National Human Rights Civic Association Belarusian Helsinki Committee, Human Rights House Foundation, Earthjustice, International Bar Association, Lawyers for Lawyers, International Federation for Human Rights Leagues, Human Rights Watch, Article 19 – International Centre Against Censorship, Conscience and Peace Tax International, and Institute for Reporters’ Freedom and Safety.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.
The Council will next meet this afternoon at 3 p.m. to continue the interactive dialogue on the oral update of the Independent International Commission of Inquiry on the Syrian Arab Republic. It will then hold an interactive dialogue on the report of the High Commissioner on the situation of human rights in the Bolivarian Republic of Venezuela, and an interactive dialogue on the written update of the High Commissioner on the situation of human rights in Myanmar.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Belarus
The interactive dialogue with the Special Rapporteur on the situation of human rights in Belarus started in the previous meeting and a summary can be found here.
Discussion
In the discussion, some speakers said the human rights situation in Belarus continued to deteriorate. Political prisoners were held in unbearable conditions, including in incommunicado detention. This served to put pressure on them and provide a chilling warning to those outside prison walls. The authorities continued to arbitrarily use anti-extremist legislation to prosecute individuals, independent media and civil society organizations for their position. All this showed nothing but the complete and deliberate destruction of freedom of expression within the country. The criminalisation of journalists continued, and they were being sentenced for longer terms than those sentenced for murder.
The number of independent lawyers had decreased considerably because of prosecution and harassment, a number of speakers said. Since 2020, more than 100 lawyers had been disbarred, arbitrarily detained, or forced to flee, forming part of a larger pattern of retaliation against lawyers for representing political opposition and protesters and speaking out about the rule of law. Persecution of lawyers undermined people’s right to legal representation to seek remedies for violations. Since the 2020 elections, Belarusian lawyers had been persecuted by means including arbitrary disbarment, arbitrary arrests and detentions, illegitimate prosecutions, or even being listed as terrorists, merely for performing their legitimate professional duties. Speakers concurred with the Special Rapporteur’s recommendation that Belarus immediately halt its persecution of lawyers and ensure their protection.
Some speakers said the atmosphere of impunity was absolute, as evidenced, among others, by the harsh imprisonment of notable human rights defenders, including Nobel Peace Laureate Ales Bialiatski and activist Marfa Rabkova of Viasna. The targeting of media workers had furthered the eradication of a free and independent media. It was of utmost importance for the international community to remain vigilant and support the Special Rapporteur and human rights organizations in their efforts to end the prevailing impunity within the country. Several speakers called for the urgent creation of an independent investigative mechanism to complement the work of the Special Rapporteur and address the accountability gap for past and ongoing human rights violations in Belarus.
The Special Rapporteur’s mandate was essential for evaluating the overall human rights situation in Belarus, responding to systemic human rights violations, and maintaining international attention on the country, some speakers said. The Human Rights Council should extend the mandate, reinforcing the commitment of the international community to address the ongoing crisis in Belarus. This was one of the last remaining mechanisms that Belarusian civil society had to draw attention to what they were facing, some of which could amount to crimes against humanity.
Among questions raised was how could the international community continue to support Belarusian journalists, including those who had had to flee; could the Special Rapporteur include the situation of environmental defenders in her next report; and what could be done to advance accountability and ensure that the authorities respected international law.
Concluding Remarks
ANAÏS MARIN, Special Rapporteur on the situation of human rights in Belarus, said receiving support from countries which Belarusian authorities perceived as hostile could put individuals at risk. It was important to remember that the protection and promotion of human rights was the primary responsibility of the Belarusian Government. States were encouraged to continue to engage with the Belarusian authorities, especially through the Universal Periodic Review. Now was the right time to demand a mid-term report. States needed to remind the authorities to be consistent and deliver on what they had agreed to.
A sign of goodwill would be for Belarus to ratify the second Optional Protocol to the Convention against Torture. Extending invites to nine mandate holders was a good start, and Ms. Marin hoped the Government would grant her colleagues unhindered access to the country, including places of detention. It was a common practice that when planning a visit to Belarus, the holder should first consult with Ms. Marin’s mandate, to ensure Special Procedures functioned as a coherent, cooperative whole.
Support for civil society needed to be tailored to the realities on the ground. Speaking to civil society about their specific needs was a vital first step. Supporting independent sociological research was one avenue for identifying the needs of the Belarusian population. Technical support also needed to be provided. Individuals could face charges of up to 10 years in prison, just for subscribing to certain groups in online channels. It was important to consult with those in exile as they knew how to safely talk with those in Belarus, and convey the information these people were not able to freely express.
Ms. Marin encouraged the international community to support independent journalists from abroad. Fighting impunity was essential to preventing reoccurrence. Member States could work towards accountability through national proceedings. They could also explore further targeted measures towards alleged perpetrators of human rights violations, in line with international law. Governments could send State referrals to the International Criminal Court in support of the crimes against Belarus.
Interactive Dialogue with the Independent International Fact-Finding Mission on the Islamic Republic of Iran
Presentation
SARA HOSSAIN, Chairperson of the Independent International Fact-Finding Mission on the Islamic Republic of Iran, said the Fact-finding Mission was established amidst unprecedented nationwide protests that followed the death of 22-year-old Jina Mahsa Amini while in the custody of the morality police for her alleged non-observance of Iran’s law on forced veiling. While news of the protests in Iran no longer dominated daily news bulletins, as it did in November, when the Council’s special session mandated the investigation, allegations of human rights violations continued to be heard and received. The Government of Iran had announced that 22,000 people had been pardoned in connection with the protests. This suggested that many more were detained or charged, however, no official data existed. The conditions of these pardons were concerning, in that protesters were reportedly made to “express remorse” and to effectively admit guilt.
Among those remaining in detention were at least 17 journalists for their alleged reporting on the protests. There were also reports of harassment of family members seeking justice for their loved ones. Since November, at least 26 individuals had reportedly been sentenced to death in connection with the protests and dozens more had been charged with offences carrying the death penalty. Seven men had already been executed following hasty proceedings marred by serious allegations of fair trial violations. In May, Iran’s Head of the Judiciary announced that the authorities would continue to execute people sentenced to death in connection with the protests. The Fact-Finding Mission called on the Iranian authorities to stop the executions of individuals convicted and make available the judicial files, and to release all those detained for exercising their legitimate right to peaceful assembly.
The Fact-Finding Mission was seriously concerned at the reports, just two months after the protests started, of a series of alleged poisonings in dozens of schools in 28 provinces. It was reported that these may have been to punish girls for, or to deter them from involvement in the protests. There was reported use of facial recognition technologies to identify and arrest women and girls failing to comply with fundamentally discriminatory laws. Women and girl students were being suspended from their studies for their defiance of the compulsory veiling law, while businesses were fined or closed for non-enforcement. Two draft bills had recently been placed for consideration, which if enacted, would expose women and girls to increased risks of violence, harassment and arbitrary detention and represent another set-back to their right to equality and to freedom of expression, including the freedom to choose whether or not to wear the hijab.
The Fact-Finding Mission attached great importance to engaging with the Iranian people and with the Government, and had reviewed and analysed the Government’s 37 reports issued since September 2022. Yesterday, the Mission met with the Iranian President’s recently appointed “Special Committee to investigate the 2022 unrests” and would look into its work. It was disappointing that the Mission had yet to receive a response to requests for information and access to the country. State-imposed restrictions on communications constituted major impediments, and the Fact-Finding Mission was aiming to overcome these challenges and establish secure channels to speak to anyone who wished to communicate. The Mission would report to the Council on any allegations of harassment, intimidation, reprisals or threats against witnesses, victims and other sources. Ms. Hossain reiterated the call to the Government of Iran to fully cooperate with the mandate of the Fact-Finding Mission and to ensure all those affected had unhindered and safe access to providing evidence.
Statement by Country Concerned
Iran, speaking as a country concerned, said Iran did not encounter mere simple and peaceful assemblies during last autumn. Several Western countries were involved in fomenting the riots. Despite the rioters’ large-scale violence, people’s access to the Internet was never blocked. All domestic and foreign messengers (except Instagram and WhatsApp) were available to the public without any hindrance. The policy of Iran vis-à-vis the riots was to use the minimal legal powers. In the wake of the recent amnesty granted by the Supreme Leader, nearly all of the accused and convicts, both those in custody and those released on bail, were granted pardons.
Protecting and promoting human rights was the exclusive responsibility of States. In this vein, an independent and professional committee had been established pursuant to the directive of the President, including with the objective of identifying and addressing all material and bodily harm suffered by citizens, and receiving and investigating the complaints and claims about the violation of people’s rights during the incidents. Despite Iran’s accountability, establishing a so-called fact-finding mission was indeed an entirely politically motivated and unacceptable move, and it had hastily made comments based on unreliable sources.
In November last year, a number of Western countries convened a special session and formed what they referred to as a fact-finding mission, ostensibly to investigate the so-called infringements upon the rights of women and children during the recent riots in Iran. It would be prudent for the Human Rights Council to convene a special session to examine the situation in France. Applying or implementing illegal and cruel unilateral sanctions against the people of Iran, which had caused the pain and suffering of women and children, was deemed a crime against humanity. Did these countries, the speaker asked, possess the competence to engage in discourse on the rights of women and children in Iran when they bore culpability for the transgressions perpetrated against them?
Discussion
In the discussion, a number of speakers commended the Fact-Finding Mission for its victim-centred approach and reiterated support for its efforts towards justice and accountability in Iran. The Fact-Finding Mission had been mandated to investigate all human rights violations, especially with respect to women and children, committed in Iran and related to the protests that started on 16 September 2022, after the death in police custody of Jina Mahsa Amini.
Some speakers expressed concern about the deteriorating human rights situation in Iran. They strongly condemned the widespread resort to torture by the Iranian authorities and urged them to cease their resort to arbitrary detentions and release all those unjustly detained. Some speakers called on Iran to eliminate, in law and in practice, all forms of systemic discrimination against women and girls in public and private life. The draft bill regarding the enforcement of compulsory veiling laws and the draft Penal Code, which further criminalised non-compliance were alarming. The brutal repression against women, girls and persons belonging to minorities was extremely concerning; there needed to be accountability for all crimes committed.
Some speakers condemned restrictions on communications, including Internet shutdowns, and the targeting of journalists inside and outside of the country, including for reporting on the protests, with the aim of silencing them and preventing the public from receiving accurate and objective information.
A number of speakers said they were extremely worried by the violent response of the Iranian security forces to the peaceful protests that followed the killing of Jina Mahsa Amini in police custody, and the subsequent arrest, detention and execution of peaceful protesters. The authorities were using the death penalty as a tool to chill dissent. Iran had been carrying out death sentences at an alarming pace, with over 300 executions reported since the beginning of 2023, and 582 last year compared to 333 in 2021. Seven were in connection to the protest movement following the death in custody of Jina Mahsa Amini.
Persons belonging to ethnic and religious minorities were being executed at disproportionately high rates; one-third of those executed in 2022 belonged to the Baloch minority. It was troubling that death sentences were often imposed following unfair trial procedures, without due process, and based on forced confessions obtained through torture and other inhuman treatment. Such impositions of the death penalty were a violation of international law.
A number of speakers said they opposed and rejected politically motivated country-specific resolutions and expressed concern over this continued selective and discriminatory practice that violated the principles of universality, impartiality, objectivity, non-selectivity and non-politicisation, and constituted double standards in addressing human rights issues. The establishment of the Fact-Finding Mission was a manifestation of the non-constructive approach, and the mandate was nothing but a series of attempts to target Iran and interfere in its affairs. These reporting mechanisms and procedures pretended to make “impartial” assessments of the human rights situation, but based their reports on unreliable sources that lacked credibility. The Council was urged to pursue a path of constructive engagement with Iran with genuine dialogue and cooperation. One speaker commended Iran for fulfilling its human rights.
Some speakers said the interventionist mechanism created against Iran made no sense, and the 38 exhaustive reports on what happened after the unfortunate death of Ms. Amini were planned events. The reports were marked by terrorist extremism and the intense campaign of “fake news” in international networks and media, which fuelled disinformation and incited violence, promoted by certain countries to destabilise the Iranian Government. Some speakers condemned the use of illegal unilateral coercive measures imposed on the people of Iran, and demanded their immediate lifting to enable the Iranian people to fully enjoy their basic rights.
Many speakers called on Iran to allow free and unhindered access to the country for United Nations Human Rights Special Procedure mandate holders and to fully cooperate with the Fact-Finding Mission. The Fact-Finding Mission was asked how Member States could support its work to ensure Iran was held to account for the abhorrent human rights offences? What more could be done to assist women and basic minorities who were fighting for their basic rights? Could the Fact-Finding Mission elaborate on the challenges experienced in investigating sexual and gender-based violence? How could the international community engage meaningfully with Iran?
Concluding Remarks
SHAHEEN SARDAR ALI, Member of the Independent International Fact-Finding Mission on the Islamic Republic of Iran, said the Fact-Finding Mission noted the difficulties in general for victims of sexual violence to disclose abuse. However, bearing that in mind, the Mission was engaged and had started to put in place a protocol with a victim-centred approach maintaining the security and victim confidentiality that subscribed firmly to the “do no harm” principle.
VIVIANA KRSTICEVIC, Member of the Independent International Fact-Finding Mission on the Islamic Republic of Iran, said it was important for the international community to encourage the Government of Iran to cooperate with the Fact-Finding Mission. The Mission had asked for this repeatedly, and had made available detailed lists of questions, asking for access to the country and to specific people, such as those on death row right now. It had also sent detailed questions on the reports produced by the Government, and looked forward to accessing that information and engaging more fully with victims and the civil authorities. It was important to support civil society organizations, human rights defenders, journalists, lawyers and family members that were engaging with the Fact-Finding Mission and were doing their utmost to search for truth and accountability.
The Mission had a mandate that not only asked them to collect evidence but also to preserve it in mind of legal proceedings. At the moment, there were very serious concerns about the search for truth and accountability in Iran, creating an accountability gap, making many victims and family members search for truth, justice and reparation mechanisms outside of Iran. The Fact-Finding Mission was looking at some of the situations that were noted in the resolution that established it but had also been raised by Governments and organizations, including the situation of children. The Mission was looking at the school poisonings, and the continued harassment of media workers and their families, including those based outside the country.
SARA HOSSAIN, Chairperson of the Independent International Fact-Finding Mission on the Islamic Republic of Iran, said the Fact-Finding Mission had been investigating allegations of the crack down on civil society activists, and acknowledged the critical work of civil society organizations. The international community could act to support such organizations and provide protection, particularly in third countries. Ms. Houssain called for the release of women activists in detention, and urged that action be taken to release them. The Fact-Finding Mission was committed to working impartially and was available to speak with the Government of Iran. The Mission had consistently sought access and meetings; however, it had not received one response to date.
Interactive Dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic
Presentation
PAULO PINHEIRO, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said people living in the earthquake-devastated north-west of Syria remained the target of air and ground strikes, while the continuation of the aid they critically needed was at risk. There was an urgent need to re-examine how the United Nations and the international community were addressing their predicament to ensure predictable and sustainable aid flows in the future.
In north-east Syria, some 51,600 people, mostly women and children, remained interned in appalling conditions in Hawl and Rawj camps, where aid was sorely lacking too. The Commission welcomed repatriations, mostly of women and children, by over a dozen countries around the world, since the beginning of the year, and the release of Syrians. Last month, the local administration announced that it was planning to initiate trials against around 10,000 suspected Da’esh members it was detaining. The Commission had long called for Member States to take back their nationals and hold them accountable through fair trials. This remained the best course of action, while ensuring respect for non-refoulement obligations.
Mr. Pinheiro said Da’esh still posed a threat to civilians in Syria, including their suspected involvement in recent attacks using improvised explosive devices and the killings of dozens of civilians harvesting truffles in the north-eastern desert, many of whom were shot at point-blank range. Syrian civilians were also killed in other suspected Syrian, Russian, Israeli, Jordanian, Turkish and United States’ strikes these past months. All parties needed to take all feasible precautions to minimise harm to civilians.
The Commission took note of the League of Arab States decision to readmit Syria this spring, but with little reference to the human rights concerns which were the root causes of this conflict, and which this Commission had been documenting for 12 years. It was hoped that in coming months, the Arab League would make these human rights concerns a priority in their dialogue with the Government.
Refugees surveyed said they feared returning due to the security situation in the country and the risks they ran of extortion, being arrested and imprisoned, being conscripted and sent to the front lines, alongside a critical lack of livelihood and work opportunities. Very small numbers, from the over 7 million Syrians who fled abroad, were returning. The tragic sinking last month of a migrant boat caused massive loss of life in the Mediterranean, with over 600 people missing, including many Syrians, serving as a reminder that more Syrians were fleeing their country rather than returning, despite huge risks.
Mr. Pinheiro said steps needed be taken, including through independent international verification on the ground, to ensure that those who returned faced no harm and could receive adequate assistance to make their return sustainable. Today such conditions did not exist. Grave crimes were still being committed. Arbitrary arrests, torture, ill-treatment, enforced disappearances and deaths in detention continued, by the State, terrorist groups, the opposition Syrian National Army and the Syrian Democratic Forces. Concerningly, the number of children recruited by armed groups in Syria had risen in recent years, reaching nearly 1,700 in 2022.
Widows and wives of the hundreds of thousands of men detained, disappeared or killed, faced mounting challenges with regard to access to food, housing and birth registration of their children, early and forced marriages and protection against sexual- and gender-based violence. The Government and all other parties needed to cease torture and ill-treatment, including sexual and gender-based violence, in all places of detention.
The Commission welcomed the initiation of proceedings at the International Court of Justice to hold the Syrian State accountable for failing to adhere to its obligations under the United Nations Convention against Torture. Last week’s long-awaited General Assembly resolution establishing an international institution for the missing was also welcomed. Now this ground-breaking institution could provide support, solace, and perhaps hope, for the millions impacted.
Statement by Country Concerned
Syrian Arab Republic, speaking as a country concerned, said the bias of this Commission against the Government of Syria was an integral part of its establishment and its methodologies of work over the past years. The Commission had failed to provide an objective assessment of the situation in Syria, its causes and consequences. This failure was embodied in its work which was based on ignoring or justifying the illegal and immoral policies of countries that occupied parts of the territory of Syria, launched military attacks and assaults against it, supported terrorist and separatist groups, plundered its natural resources, destroyed its archaeological monuments, and imposed immoral and inhuman unilateral coercive measures. This situation had turned this Commission of Inquiry into a tool that assisted in committing these crimes.
The Syrian Arab Republic was determined to continue its efforts to liberate all its territory from terrorism, and to restore security, stability and the rule of law throughout the country. It reaffirmed its firm commitment to providing humanitarian assistance to all those in need without discrimination, and would continue efforts for the voluntary, safe and dignified return of all Syrian refugees to their homeland. The multidimensional impacts of the unilateral coercive measures constituted a war against the minimum human rights and humanitarian needs of all Syrians, while the alleged exceptions and exemptions, including those announced in the aftermath of the earthquake disaster, had been without any impact on the ground but rather were merely an attempt to conceal the moral failure of the countries that imposed them.
Discussion
In the discussion, one speaker firmly condemned the persistent, widespread, systematic and serious violations and abuses of human rights and all violations of international humanitarian law by all parties to the conflict, especially by the Syrian regime and its allies. There was grave concern about the ongoing high-level of sexual and gender-based violence in a climate of total impunity and for the persistent lack of protection for those in vulnerable situations, including children and persons with disabilities by the Syrian regime. There was also strong concern about reports of social and demographic engineering in all areas throughout Syria. As the Commission concluded in its most recent report, conditions for a safe, voluntary and dignified return of refugees, as defined by the High Commissioner for Refugees, were currently not in place. The speaker called for a renewal for at least one year of cross-border aid, in line with humanitarian principles.
Another speaker voiced serious concern at the continued proliferation of unilateral, country-specific mechanisms that purported to conduct an impartial assessment of the human rights situation in specific States, when their real intention was to weaponise human rights against sovereign States and national governments, with the purpose of, among others, meddling into their internal affairs. Such mechanisms neither responded to the true spirit of human rights, nor did they enjoy the consent of the concerned State, such as the Syrian Arab Republic. For years, the entire Syrian people had been subjected to the illegal application of a set of unilateral coercive measures, which had continued to massively violate all their human rights. There should be an end to both the politicisation and weaponisation of human rights for the purpose of advancing narrow and self-serving agendas, as well as to any practice of double standards that undermined human rights and prevented a harmonious environment and progress in this field.
