THE UN RESOLUTION 2118 (2013) ON SYRIA

THE UN RESOLUTION 2118 (2013) ON SYRIA 

IT CONTAINS CONTRADICTORY STATEMENTS  IN THE INTRODUCTION & A 2^nd ANNEX THAT NEEDS TO BE CLARIFIED

http://www.un.org/News/Press/docs//2013/sc11135.doc.htm

THE 1^ST PARAGRAPH  OF  THE INTRODUCTION REEDS:

Deeply outraged by the use of chemical weapons on 21 August in a Damascus suburb, as concluded by a United Nations investigation team, the Security Council this evening endorsed the expeditious destruction of Syria’s chemical weapons programme, with inspections to begin by 1 October, and agreed that in the event of non-compliance, it would impose “Chapter VII” measures.

THE 9^TH & 10^TH PARAGRAPH SAID:

In the debate that followed, Council members praised the text for placing binding obligations on Syrian President Bashar al-Assad’s regime, requiring it to get rid of its “tools of terror”.  United States Secretary of State John Kerry said that that regime bore the burden of meeting the terms of the resolution.

At the same time, Sergey Lavrov, Minister for Foreign Affairs of the Russian Federation, emphasized that the responsibility for implementing the resolution did not lay with Syria alone.  The text had not been passed under the Charter's Chapter VII, nor did it allow for coercive measures.  It contained requirements for all countries, especially Syria's neighbours, which must report on moves by non-State actors to secure chemical weapons.

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THE RESOLUTION 2118

The full text of Security Council resolution 2118 (2013) reads as follows:

[HERE SOME SELECTED EXTRACTS: go to the website above to read the full text: http://www.un.org/News/Press/docs//2013/sc11135.doc.htm]

The Security Council,

“Reaffirming its strong commitment to the sovereignty, independence and territorial integrity of the Syrian Arab Republic, [..]

“Deeply outraged by the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the Mission’s report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,

“Recalling the obligation under resolution 1540 (2004) that all States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use weapons of mass destruction, including chemical weapons and their means of delivery,

[..]

“Stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasising the need to convene the international conference on Syria as soon as possible,

“Determining that the use of chemical weapons in the Syrian Arab Republic constitutes a threat to international peace and security,

“Underscoring 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.   Determines that the use of chemical weapons anywhere constitutes a threat to international peace and security;

“2.   Condemns in the strongest terms any use of chemical weapons in the Syrian Arab Republic, in particular the attack on 21 August 2013, in violation of international law;

“3.   Endorses the decision of the OPCW Executive Council 27 September 2013, which contains special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons programme and stringent verification thereof and calls for its full implementation in the most expedient and safest manner;

“4.   Decides 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;

“5.   Underscores that no party in Syria should use, develop, produce, acquire, stockpile, retain, or transfer chemical weapons;

“6.   Decides that the Syrian Arab Republic shall comply with all aspects of the decision of the OPCW Executive Council of 27 September 2013 (Annex I);

“7.   Decides that the Syrian Arab Republic shall cooperate fully with the OPCW and the United Nations, including by complying with their relevant recommendations, by accepting personnel designated by the OPCW or the United Nations, by providing for and ensuring the security of activities undertaken by these personnel, by providing these personnel with immediate and unfettered access to and the right to inspect, in discharging their functions, any and all sites, and by allowing immediate and unfettered access to individuals that the OPCW has grounds to believe to be of importance for the purpose of its mandate, and decides that all parties in Syria shall cooperate fully in this regard;

“8.   Decides to authorize an advance team of United Nations personnel to provide early assistance to OPCW activities in Syria, requests the Director-General of the OPCW and the Secretary-General to closely cooperate in the implementation of the Executive Council decision of 27 September 2013 and this resolution, including through their operational activities on the ground, and further requests the Secretary-General, in consultation with the Director-General of the OPCW and, where appropriate, the Director-General of the World Health Organization, to submit to the Council within 10 days of the adoption of this resolution recommendations regarding the role of the United Nations in eliminating the Syrian Arab Republic’s chemical weapons program;

“9.   Notes that the Syrian Arab Republic is a party to the Convention on the Privileges and Immunities of the United Nations, decides that OPCW-designated personnel undertaking activities provided for in this resolution or the decision of the OPCW Executive Council of 27 September 2013 shall enjoy the privileges and immunities contained in the Verification Annex, Part II(B) of the Chemical Weapons Convention, and calls on the Syrian Arab Republic to conclude modalities agreements with the United Nations and the OPCW;

“10.  Encourages Member States to provide support, including personnel, technical expertise, information, equipment, and financial and other resources and assistance, in coordination with the Director-General of the OPCW and the Secretary-General, to enable the OPCW and the United Nations to implement the elimination of the Syrian Arab Republic’s chemical weapons programme, and decides to authorize Member States to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of the Syrian Arab Republic’s chemical weapons programme in the soonest and safest manner;

“11.  Urges all Syrian parties and interested Member States with relevant capabilities to work closely together and with the OPCW and the United Nations to arrange for the security of the monitoring and destruction mission, recognizing the primary responsibility of the Syrian Government in this regard;

“12.  Decides to review on a regular basis the implementation in the Syrian Arab Republic of the decision of the OPCW Executive Council of 27 September 2013 and this resolution, and requests the Director-General of the OPCW to report to the Security Council, through the Secretary-General, who shall include relevant information on United Nations activities related to the implementation of this resolution, within 30 days and every month thereafter, and requests further the Director-General of the OPCW and the Secretary-General to report in a coordinated manner, as needed, to the Security Council, non-compliance with this resolution or the OPCW Executive Council decision of 27 September 2013;

“13.  Reaffirms its readiness to consider promptly any reports of the OPCW under Article VIII of the Chemical Weapons Convention, which provides for the referral of cases of non-compliance to the United Nations Security Council;

“14.  Decides that Member States shall inform immediately the Security Council of any violation of resolution 1540(2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures therefore;

“15.  Expresses its strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;

“16.  Endorses fully the Geneva Communiqué of 30 June 2012 (Annex II), which sets out a number of key steps beginning with the establishment of a transitional governing body exercising full executive powers, which could include members of the present Government and the opposition and other groups and shall be formed on the basis of mutual consent;

“17.  Calls for the convening, as soon as possible, of an international conference on Syria to implement the Geneva Communiqué, and calls upon all Syrian parties to engage seriously and constructively at the Geneva Conference on Syria, and underscores that they should be fully representative of the Syrian people and committed to the implementation of the Geneva Communiqué and to the achievement of stability and reconciliation;

“18.  Reaffirms that all Member States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighbouring the Syrian Arab Republic, to report any violations of this paragraph to the Security Council immediately;

“19.  Demands that non-State actors not develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighbouring the Syrian Arab Republic, to report any actions inconsistent with this paragraph to the Security Council immediately;

“20.  Decides that all Member States shall prohibit the procurement of chemical weapons, related equipment, goods and technology or assistance from the Syrian Arab Republic by their nationals, or using their flagged vessels or aircraft, whether or not originating in the territory of the Syrian Arab Republic;

“21.  Decides, in the event of non-compliance with this resolution, including unauthorized transfer of chemical weapons, or any use of chemical weapons by anyone in the Syrian Arab Republic, to impose measures under Chapter VII of the United Nations Charter;

“22.  Decides to remain actively seized of the matter.

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IT FOLLOWS 2 ANNEXES:

Annex I OPCW Executive Council Decision on destruction of Syrian chemical weapons

Annex II Action Group for Syria Final Communiqué 30 June 2012

“1.   On 30 June 2012, the Secretaries-General of the United Nations and the League of Arab States, the Ministers for Foreign Affairs of China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Turkey, Iraq (Chair of the Summit of the League of Arab States), Kuwait (Chair of the Council of Foreign Ministers of the League of Arab States) and Qatar (Chair of the Arab Follow-up Committee on Syria of the League of Arab States) and the High Representative of the European Union for Foreign Affairs and Security Policy met at the United Nations Office at Geneva as the Action Group for Syria, chaired by the Joint Special Envoy of the United Nations and the League of Arab States to Syria.

NOTE

IF THE PARAGRAPH 1 ABOVE is only informative of what happens on 30 june 2012, is ok to place this annex in the UN res 2118, but if it is intending to give to those countries any voice in the coming implementation of Res 2118, that will destroy the spirit of peace contained in this whole Res since those countries were involved in the destruction of  Syria after June 2012 till now.  

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POLITICAL TRANSITION IN SYRIA & HIDDEN AGENDAS THAT JEOPARDIZE PEACE

POLITICAL TRANSITION IN SYRIA & HIDDEN AGENDAS THAT JEOPARDIZE PEACE

Hugo Adan, Sept 27-13

 

 INTRODUCTION

In the article below we are referring the draft presented to the UNSC by Russian and American, a document just approved unanimously. When mentioning this Doct, CBS news and other corporate media are making special emphasis in the issue Political Transition contained in two legal instruments that in their view reflects the essence of the proposal approved today : the Article 25 of the Charter of the United Nations and especially the Geneva Convention Agreement in June 30 of 2012 .

Why such emphasis in “political transition” if this issue is not yet the main concern in Syria? Why, if the civil war has not being stopped yet? . Instead it is getting more savage thanks to the evil help that the jihadist are receiving now.  The answer is obvious : the Obama administration and allies in the Arab League are not interested in peace in Syria. They are still interested in regimen change and the division of the Syrian territory. While they were talking of peace in the United Nations Assembly they were also sending arms to the opposition. Regime change and "political transition" goes hand on hand in their policies. This is why the corporate media place emphasis on this topic.  

It is true that in these legal instruments is referred the political transition, but the essence of both documents was peace (especially the Geneva Convention that made specific points to achieve peace in Syria). The topic political transition  occupy only a couple of paragraphs  in a doct of 5 pages. The corporate media said a half true, and this type of half true is the worst lie, since it hides bad intentions.

The fact is that since June 2012 of the Geneva Conventions too much dirty water run below the bridge. In June of 2012 no one knew that the Saudis who fund the Arab League, Qatar, the UAE and Turkey had a hidden agenda, they planned  to destroy Syria and divided. They secretly finance , equip and send mercenaries jihadists to destroy Syria. Today we have evidence on this case and the least we can accept from them is their attempt to participate as members of the Action team who is going to decide the political transition in Syria.

The problem is that Point 1 of the Geneva Convention refers to these countries as members of the Action Group for Syria. Today everyone knows they are the reverse. Therefore is urgently necessary to make a legal action against those states and prosecute their leaders as criminals, which is what they are. We have to prevent their sabotage from within the peace building project in Syria . With these cat-mobsters in the pantry, the project "Peace in Syria " will not work . 

We have to do the same with the US, if proved that they were also involved in the destruction of Syria, we know that the US acted indirectly, but if there is evidence we should prosecute Obama too. Saudis, Qatar, Turkey and Emirates have to be made responsible for the destruction of Syria and inforced them to pay the reparations for the damaged  caused. The Geneva document must therefore be emended  too.

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COMPARE THE DRAFT  WITH THE FINAL DOCT APPROVED AS RESOLUTION

The draft you can find it in these sources:
 

http://www.cbsnews.com/htdocs/pdf/Draft_UN_SECURITY_COUNCIL_RESOLUTION.pdf 

http://www.cbsnews.com/8301-202_162-57604913/syria-deal-what-is-in-the-kerry-lavrov-agreement/

The 2nd source makes reference to Art 25 of the Charter of the UN that said:

"Underscoring that Member States are obligated under Article 25 of the Charter of theUnited Nations to accept and carry out the Council's decisions. Point 1 said:

1.

Determines that the use of chemical weapons anywhere constitutes a threat to international peace and security 

[Notice that the term "anywhere" can be interpreted in two ways: 1- to refer both sides in the conflict (government and opposition) and, 2- the players in the region that also possess chemical weapons and are supplying it to the oposition (Turks and Israel).]

Regarding  Political Transition in Syria it is said:

Political transition

Point 16.

Endorses fully the Geneva Communiqué of 30 June 2012 (Annex II), which sets out a number of key steps beginning with the establishment of a transitional governing body exercising full executive powers, which could include members of the present Government and  the opposition and other groups and shall be formed on the basis of mutual consent;

Point 17.

Calls  for the convening, as soon as possible, of an international conference on Syria to 

implement the Geneva Communiqué, and  calls upon all Syrian parties to engage seriously and  constructively at the Geneva Conference on Syria, and  underscores that they should be fully  representative of the Syrian people and committed to the implementation of the Geneva Communiqué and to the achievement of stability and reconciliation.  

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Regarding the  Geneva Communiqué of 30 June 2012 (Annex II), here the text:

ACTION GROUP FOR SYRIA FINAL COMMUNIQUÉ  30.06.2012

http://www.un.org/News/dh/infocus/Syria/FinalCommuniqueActionGroupforSyria.pdf

1. On 30 June 2012, the Secretaries -General of the United Nations and the League of Arab States, the Foreign Ministers of China, France, Russia, United Kingdom, United States, Turkey, Iraq (Chair of the Summit of the League of Arab States), Kuwait (Chair

of the Council of Foreign Ministers of the League of Arab States) and Qatar (Chair of the Arab Follow-up Committee on Syria of the League of Arab States), and the European Union High Representative for Foreign and Security Policy met at the United Nations Office at Geneva as the Action Group for Syria, chaired by the Joint Special Envoy of the United Nations and the League of Arab States for Syria.

2. Action Group members came together out of grave alarm at the situation in Syria. They strongly condemn the continued and escalating killing, destruction and human rights abuses. They are deeply concerned at the failure to protect civilians, the intensification of the violence, the potential for even deeper conflict in the country, and the regional dimensions of the problem. The unacceptable nature and magnitude of the crisis demands a common position and joint international action.

3. Action Group members are committed to the sovereignty, independence, national unity and territorial integrity of Syria. They are determined to work urgently and intensively to bring about an end to the violence and human rights abuses and the launch of a Syrian -led political process leading to a transition that meets the legitimate aspirations of the Syrian people and enables them independently and democratically to determine their own future.

4. To secure these common objectives, the Action Group members (i) identified steps and measures by the parties to secure full implementation of the six -point plan and Security Council resolutions 2042 and 2043, including an immediate cessation of violence in all its forms; (ii) agreed on guidelines and principles for a political transition

that meets the legitimate aspirations of the Syrian people; and (iii) agreed on actions they would take to implement the above in support of the Joint Special Envoy’s efforts to facilitate a Syrian -led political process. They are convinced that this can encourage and support progress on the ground and will help to facilitate and support a Syrian-led transition.

Identified steps and measures by the parties to secure full implementation of the six -point plan and Security Council resolutions 2042 and 2043, including an immediate cessation of violence in all its forms

5. The parties must fully implement the six-point plan and Security Council resolutions 2042 and 2043. To this end:

O All parties must re-commit to a sustained cessation of armed violence in all its forms and implementation of the six -point plan immediately and without waiting for the actions of others.

The government and armed opposition groups must cooperate with UNSMIS with a view to furthering the implementation of the above in accordance with its mandate. 2

O A cessation of armed violence must be sustained with immediate, credible and visible actions by the Government of Syria to implement the other items of the six -point plan including:

o Intensification of the pace and scale of release of arbitrarily detained persons, including especially vulnerable categories of persons, and persons involved in peaceful political activities; provision without delay through appropriate channels of a list of all places in which such persons are being detained; the immediate organization of access to such locations; and the provision through appropriate channels of prompt responses to all written requests for information, access or release regarding such persons;

o Ensuring freedom of movement throughout the country for journalists and a non -discriminatory visa policy for them;

o Respecting freedom of association and the right to demonstrate peacefully as legally guaranteed.

O In all circumstances, all parties must show full respect for UNSMIS’ safety and security and fully cooperate with and facilitate the Mission in all respects.

O In all circumstances, the Government must allow immediate and full humanitarian access to humanitarian organizations to all areas affected by the fighting. The Government and all parties must enable the evacuation of the wounded, and all civilians who wish to leave to do so. All parties must fully adhere to their obligations under international law, including in relation to the protection of civilians.

Agreed Principles and Guide-lines for a Syrian-led transition

6. Action Group members agreed on the following ‘Principles and Guide -lines on a Syrian-led transition’:

Any political settlement must deliver to the people of Syria a transition that:

• Offers a perspective for the future that can be shared by all in Syria;

• Establishes clear steps according to a firm time-table towards the realization of that perspective;

• Can be implemented in a climate of safety for all, stability and calm;

• Is reached rapidly without further bloodshed and violence and is credible.

I. Perspective for the Future

The aspirations of the people of Syria have been clearly expressed by the wide range of Syrians consulted. There is an overwhelming wish for a state that:

• Is genuinely democratic and pluralistic, giving space to established and newly emerging political actors to compete fairly and equally in elections. This also means that the commitment to multi-party democracy must be a lasting one, going beyond an initial round of elections.

•Complies with international standards on human rights, the independence of the judiciary, accountability of those in government and the rule of law. It is not enough just to enunciate such a commitment. There must be mechanisms available to the people to ensure that these commitments are kept by those in authority.

• Offers equal opportunities and chances for all. There is no room for sectarianism or discrimination on ethnic, religious, linguistic or any other grounds. Numerically smaller communities must be assured that their rights will be respected.

II. Clear Steps in the Transition

The conflict in Syria will only end when all sides are assured that there is a peaceful way towards a common future for all in Syria. It is therefore essential that any settlement provides for clear and irreversible steps in the transition according to a fixed time frame. The key steps in any transition include:

• The establishment of a transitional governing body which can establish a neutral environment in which the transition can take place. That means that the transitional governing body would exercise full executive powers. It could include members of the present government and the opposition and other groups and shall be formed on the basis of mutual consent.

• It is for the Syrian people to determine the future of the country. All groups and segments of society in Syria must be enabled to participate in a National Dialogue process. That process must not only be inclusive, it must also be meaningful —that is to say, its key outcomes must be implemented.

• On this basis, there can be a review of the constitutional order and the legal system.

The result of constitutional drafting would be subject to popular approval.

• Once the new constitutional order is established, it is necessary to prepare for and conduct free and fair multi-party elections for the new institutions and offices that have been established.

• Women must be fully represented in all aspects of the transition.4

III. Safety, stability and calm

Any transition involves change. However, it is essential to ensure that the transition can be implemented in a way that assures the safety of all in an atmosphere of stability and calm. This requires:

• Consolidation of full calm and stability. All parties must cooperate with the transitional governing body in ensuring the permanent cessation of violence. This includes completion of withdrawals and addressing the issue of the disarming, demobilization and reintegration of armed groups.

• Effective steps to ensure that vulnerable groups are protected and immediate action is taken to address humanitarian issues in areas of need. It is also necessary to ensure that the release of the detained is completed rapidly.

• Continuity of governmental institutions and qualified staff. The public services must be preserved or restored. This includes the military forces and security services. However, all governmental institutions, including the intelligence services, have to perform according to human rights and professional standards and operate under a top leadership that inspires public confidence, under the control of the transitional governing body.

• Commitment to Accountability and National Reconciliation. Accountability for acts committed during the present conflict must be addressed. There also needs to be a comprehensive package for transitional justice, including compensation or rehabilitation for victims of the present conflict, steps towards national reconciliation and forgiveness.

IV. Rapid steps to come to a Credible Political Agreement

It is for the people of Syria to come to a political agreement, but time is running out. It is clear that:

• The sovereignty, independence, unity and territorial integrity of Syria must be respected.

• The conflict must be resolved through peaceful dialogue and negotiation alone. Conditions conducive to a political settlement must now be put in place.

• There must be an end to bloodshed. All parties must re-commit themselves credibly to the six -point plan. This must include a cessation of armed violence in all its forms and immediate, credible and visible actions  to implement items 2-6 of the six-point plan.

• All parties must now engage genuinely with the Joint Special Envoy. The parties must be prepared to put forward effective interlocutors to work expeditiously towards a Syrian

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led settlement that meets the legitimate aspirations of the people. The process must be fully inclusive to ensure that the views of all segments of Syrian society are heard in shaping the political settlement for the transition.

The organized international community, including the members of the Action Group stands ready to offer significant support for the implementation of an agreement reached by the parties. This may include 5 an international assistance presence under a United Nations Mandate if requested. Significant funds will be available to support reconstruction and rehabilitation.

Agreed actions Group members will take to implement the above in support of the Joint Special Envoy’s efforts to facilitate a Syrian-led political process

7. Action Group members will engage as appropriate, and apply joint and sustained

Pressure on the parties in Syria to take the steps and measures outlined in paragraph  

8. Action Group members are opposed to any further militarization of the conflict.

9. Action Group members underscore to the Government of Syria the importance of the appointment of an effective empowered interlocutor, when requested by the Joint Special Envoy to do so, to work on the basis of the six-point plan and this communiqué.

10.Action Group members urge the opposition to increase cohesion and be in a position to ensure effective representative interlocutors to work on the basis of the six-point plan and this communiqué.

11.Action Group members will give full support to the Joint Special Envoy and his team as they immediately engage the Government and opposition, and consult widely with Syrian society, as well as other international actors, to further develop the way forward.

12.Action Group members would welcome the Joint Special Envoy’s further convening of a meeting of the Action Group should he deem it necessary to review the concrete progress taken on all points agreed in this communiqué, and to determine what further and additional steps and actions are needed from the Action Group to address the crisis. The Joint Special Envoy will also keep the United Nations and the League of

Arab States informe.

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