RES/21/26 Situation of human rights in the Syrian Arab Republic

GE.A/HRC/21/50. 2-17637

Human Rights Council Twenty-first session

Agenda item 4

Human rights situations that require the Council’s attention

Resolution adopted by the Human Rights Council 

21/26.

Situation of human rights in the Syrian Arab Republic

The Human Rights Council,

Recalling General Assembly resolutions 66/176 of 19 December 2011, 66/253A of

16 February 2012 and 66/253B of 3 August 2012, Human Rights Council resolutions S-

16/1 of 29 April 2011, S-17/1 of 23 August 2011, S-18/1 of 2 December 2011, 19/1 of 1

March 2012, 19/22 of 23 March 2012, S-19/1 of 1 June 2012 and 20/22 of 6 July 2012, and

Security Council resolutions 2042 (2012) of 14 April 2012 and 2043 (2012) of 21 April

2012,

Recalling also Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007,

Recalling further all resolutions of the League of Arab States relating to the situation

in the Syrian Arab Republic, in particular its resolution 7523 of 5 September 2012, in which

the League expressed its strong condemnation of the continuing violence, murder and

heinous crimes committed by the Syrian authorities and its affiliated militias Shabbiha

against Syrian civilians and the use of heavy weapons, including tanks, artillery and

warplanes in its bombardment of populated neighbourhoods and villages, as well as

arbitrary executions and enforced disappearances, in flagrant violation of human rights and

fundamental freedoms, and called upon the Government of the Syrian Arab Republic to

cease immediately and completely all forms of killing and violence against the Syrian

people,

Recalling resolution 2/4-EX (IS) of the Organization of Islamic Cooperation of 15

August 2012 on the situation in the Syrian Arab Republic, in which the Organization called

for the immediate implementation of the transitional plan and the development of a

peaceful mechanism that would allow the building of a new Syrian State based on pluralism

and a democratic and civilian system, where there would be equality on the basis of law,

citizenship and fundamental freedoms,

 The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its twenty-first session (A/HRC/21/2), chap. I.

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

territorial integrity of the Syrian Arab Republic and to the principles of the Charter of the

United Nations,

Expressing grave concern at the escalation of violence in the Syrian Arab Republic

and at the growing number of refugees and internally displaced persons fleeing the

violence, and welcoming the efforts by neighbouring countries to host Syrian refugees,

Expressing its deep concern at the failure to implement the six-point plan of the

former joint special envoy Kofi Annan, and welcoming the appointment of Lakhdar

Brahimi as the new joint special representative of the United Nations and the League of

Arab States on the Syrian crisis,

Recalling the statements made by the United Nations High Commissioner for

Human Rights before the Human Rights Council and the Security Council that crimes

against humanity are likely to have been committed in the Syrian Arab Republic, and

noting her repeated encouragement to the Security Council to refer the situation to the

International Criminal Court,

1. Welcomes the report of the independent international commission of inquiry

on the Syrian Arab Republic,1 submitted pursuant to Human Rights Council resolution

19/22 and the recommendations contained therein;

2. Regrets the non-cooperation of the Government of the Syrian Arab Republic

with the commission of inquiry;

3. Condemns all violence, irrespective of where it comes from, including

terrorist acts;

4. Strongly condemns the continued widespread and systematic gross violations

of human rights and fundamental freedoms by the Syrian authorities and the Government-

controlled militia Shabbiha, such as the use of heavy weapons and force against civilians,

massacres, arbitrary executions, extrajudicial killings, the killing and persecution of

protestors, human rights defenders and journalists, arbitrary detention, enforced

disappearances, interference with access to medical treatment, torture, sexual violence and

ill-treatment, including against children, as well as any human rights abuses by armed

opposition groups;

5. Condemns in the strongest terms the massacre of the village of Al-Houla near

Homs, where the forces of the Government of the Syrian Arab Republic and members of

the Shabbiha were found by the commission of inquiry to be the perpetrators of outrageous

and heinous crimes, and stresses the need to hold those responsible to account;

6. Calls upon all parties to put an end to all forms of violence;

7. Also calls upon all parties to respect fully international law applicable to the

rights and protection of women and girls, and to take special measures to protect women

and girls from gender-based violence, particularly rape and other forms of sexual abuse,

and also calls for the involvement of women at decision-making levels in conflict resolution

and peace processes;

8. Urges the Syrian authorities to release immediately all persons arbitrarily

detained, to publish a list of all detention facilities, to ensure that conditions of detention

comply with applicable international law and to allow immediately access of independent

monitors to all detention facilities;

9. Reiterates its call upon the Syrian authorities to meet its responsibility to

protect the Syrian population;

10. Stresses the need to follow up on the report of the commission of inquiry and

to conduct an international, transparent, independent and prompt investigation into abuses

and violations of international law, with a view to hold to account those responsible for

violations and abuses, including those that may amount to crimes against humanity and war

crimes, and encourages members of the international community to ensure that there is no

impunity for such violations or abuses, stressing that the Syrian authorities have failed to

prosecute alleged perpetrators of serious violations or abuses, which may amount to war

crimes or crimes against humanity, and notes in this regard the potential relevance of

international justice, while underscoring the importance of the recommendation of the

commission of inquiry that the Syrian people, on the basis of broad, inclusive and credible

consultations, should determine, within the framework provided by international law, the

process and mechanisms to achieve reconciliation, truth and accountability for gross

violations, as well as reparations and effective remedies for victims;

11. Stresses its support for the aspirations of the Syrian people for a peaceful,

democratic and pluralistic society, in which there is no room for sectarianism or

discrimination on ethnic, religious, linguistic or any other grounds, based on the promotion

of universal respect for and observance of human rights and fundamental freedoms;

12. Underlines the responsibility of all States Members of the Human Rights

Council and the international community as a whole to be mindful of the dire situation in

the Syrian Arab Republic;

13. Urges the international community to provide urgent financial support to the

host countries to enable them to respond to the growing humanitarian needs of Syrian

refugees, while emphasizing the principle of burden-sharing;

14. Urges all relevant United Nations agencies, in particular the Office of the

United Nations High Commissioner for Refugees, and other donors to provide urgent and

more support to Syrian refugees and their host countries;

15. Urges all donors to provide expeditiously financial support to the Office for

the Coordination of Humanitarian Affairs and international humanitarian organizations as

requested in the humanitarian appeal on the Syrian Arab Republic so that they can

implement more actively the humanitarian response plan inside the country;

16. Reiterates its call upon the Syrian authorities to allow and facilitate

immediate, unimpeded and full access of humanitarian organizations to all areas of the

Syrian Arab Republic in order to allow them to provide relief and humanitarian assistance,

and calls on all sides to respect the safety of humanitarian workers and United Nations

personnel;

17. Decides to extend the mandate of the independent international commission

of inquiry on the Syrian Arab Republic established by the Human Rights Council in its

resolution S-17/1, and requests the commission to continue its work and to present a written

report on the situation of human rights in the Syrian Arab Republic at an interactive

dialogue during the twenty-second session of the Council;

18. Requests the commission of inquiry to continue to update its mapping

exercise of gross violations of human rights in the Syrian Arab Republic since March 2011,

including the assessment of casualty figures, and to publish it periodically;

19. Condemns in the strongest terms the increasing number of massacres taking

place in the Syrian Arab Republic, and requests the commission of inquiry to investigate all

massacres;

20. Requests the Secretary-General to provide additional resources, including

staffing, to the commission of inquiry in order to allow it to fulfil completely its mandate in

the light of the increasingly deteriorating situation of human rights in the Syrian Arab

Republic;

21. Reiterates its call upon the Syrian authorities to cooperate fully with the

commission of inquiry, including by granting it immediate, full and unfettered access

throughout the Syrian Arab Republic;

22. Decides to transmit all reports and oral updates of the commission of inquiry

to all relevant bodies of the United Nations and the Secretary-General for appropriate

action;

23. Decides to remain seized of the matter.

38th meeting

28 September 2012

[Adopted by a recorded vote of 41 to 3, with 3 abstentions. The voting was as follows:

In favour:

Angola, Austria, Bangladesh, Belgium, Benin, Botswana, Burkina Faso,

Cameroon, Chile, Congo, Costa Rica, Czech Republic, Djibouti, Ecuador,

Guatemala, Hungary, Indonesia, Italy, Jordan, Kuwait, Kyrgyzstan, Libya,

Malaysia, Maldives, Mauritania, Mauritius, Mexico, Nigeria, Norway, Peru,

Poland, Qatar, Republic of Moldova, Romania, Saudi Arabia, Senegal, Spain,

Switzerland, Thailand, United States of America, Uruguay

Against:

China, Cuba, Russian Federation

Abstaining:

India, Philippines, Uganda]