RES/25/23 The continuing grave deterioration of the human rights and humanitarian situation in the Syrian Arab Republic

GE.A/HRC/25/65. 4-13307

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Human Rights Council Twenty-fifth session Agenda item 4 Human rights situations that require the Council’s attention

Resolution adopted by the Human Rights Council

25/23. The continuing grave deterioration of the human rights and humanitarian situation in the Syrian Arab Republic

The Human Rights Council,

Guided by the Charter of the United Nations,

Reaffirming all previous Human Rights Council resolutions on the Syrian Arab Republic,

Reaffirming also its strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic,

Condemning the grave deterioration of the human rights situation and the indiscriminate killing and deliberate targeting of civilians as such, in violation of international humanitarian law, and acts of violence that may foment sectarian tensions,

Condemning also the lack of cooperation by the Syrian authorities with the independent international commission of inquiry,

Welcoming the efforts of the Joint Special Representative of the United Nations and the League of Arab States,

Reaffirming its support for the mission of the Joint Special Representative of the United Nations and the League of Arab States, and welcoming the international efforts to find a political solution to the Syrian crisis that meets the legitimate aspirations of the Syrian people for a civil, democratic and pluralistic State, where all citizens are equal, regardless of gender, religion and ethnicity,

Welcoming Security Council resolution 2139 (2014) of 22 February 2014, stressing the importance of its implementation, and noting its demand for rapid, safe and unhindered humanitarian access and of the need to end impunity for violations of international humanitarian law and violations and abuses of human rights,

Recalling the statements made by the United Nations High Commissioner for Human Rights and by the special procedures of the Human Rights Council that crimes

against humanity and war crimes are likely to have been committed in the Syrian Arab Republic, and noting the repeated encouragement by the High Commissioner to the Security Council to refer the situation to the International Criminal Court,

1. Welcomes the report of the commission of inquiry on the Syrian Arab Republic;1

2. Decides to extend the mandate of the commission of inquiry through to the twenty-eighth session of the Human Rights Council, and requests the commission to present a written report on the situation of human rights in the Syrian Arab Republic during an interactive dialogue at the twenty-seventh and the twenty-eighth sessions of the Council and to provide an oral update to the Council during an interactive dialogue at the twenty- sixth session;

3. Demands that the Syrian authorities cooperate fully with the commission of inquiry, including by granting it immediate, full and unfettered access throughout the Syrian Arab Republic;

4. Calls upon all groups in the Syrian Arab Republic to refrain from retaliation and violence, including sexual violence and torture, and urges all parties to the conflict to prevent violations of international humanitarian law and human rights violations and abuses;

5. Strongly condemns the continued gross, systematic and widespread violations of human rights and all violations of international humanitarian law by the Syrian authorities and affiliated militias, including those involving aerial bombardment of civilian areas, in particular the indiscriminate use of barrel bombs, ballistic missiles and cluster bombs, and other actions that may amount to war crimes or crimes against humanity;

6. Expresses grave concern at the spread of extremism and extremist groups, and strongly condemns all human rights abuses and violations of international humanitarian law in the Syrian Arab Republic;

7. Strongly condemns all violations and abuses committed against children, and urges all parties to comply with their obligations under international law;

8. Demands that all parties demilitarize medical facilities, schools and other civilian facilities, avoid establishing military positions in populated areas and desist from attacks directed against civilian objects;

9. Strongly condemns all violence against persons belonging to religious or ethnic groups, and calls upon all parties to fully respect international law;

10. Expresses grave concern at credible reports that thousands of detainees, both Syrian and non-Syrian nationals, may have died in government prisons as a result of starvation and torture, condemns those responsible for those violations, demands the release of all persons arbitrarily detained, including children, and calls upon the Syrian authorities to publish a list of all detention facilities, to ensure that conditions of detention comply with applicable international law and immediately to allow access by independent monitors to all detention facilities;

11. Stresses the need to ensure that all those responsible for violations of international humanitarian law or violations and abuses of human rights are held to account;

12. Reaffirms that, in the context of an inclusive and credible dialogue, the Syrian people should determine the process and mechanisms to achieve justice, reconciliation,

truth and accountability for gross violations and abuses of international law, as well as reparations and effective remedies for victims, taking into account the relevance of referrals to the appropriate international criminal justice mechanism under appropriate circumstances;

13. Demands that the Syrian authorities meet their responsibility to protect the Syrian population;

14. Strongly condemns the use of chemical weapons and all indiscriminate methods of warfare in the Syrian Arab Republic, which is prohibited under international law, amounts to a serious crime and has a devastating impact on civilians, and in this regard calls upon the Syrian authorities to accelerate the complete and irreversible destruction of their chemical weapons programme and the removal of its chemical weapons in accordance with their obligations under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction and the time frames pursuant to Security Council resolution 2118 (2013) of 27 September 2013 and the decisions of the Executive Council of the Organization for the Prohibition of Chemical Weapons;

15. Expresses its support for the efforts of the Joint Special Representative of the United Nations and the League of Arab States to find a negotiated political solution to the Syrian crisis, and urges those countries with influence over the Syrian parties to take all measures to encourage the parties to negotiate constructively and on the basis of the call made in the Geneva communiqué for the formation of a transitional governing body;

16. Encourages the full participation of women in political talks as envisaged in by the Security Council in its resolutions 1325 (2000) of 31 October 2000 and 2122 (2013) of 18 October 2013, and welcomes the work of the United Nations Entity for Gender Equality and the Empowerment of Women in this regard;

17. Strongly condemns the intentional denial of humanitarian assistance to civilians, from whatever quarter, noting especially the responsibilities of the Government of the Syrian Arab Republic in this regard, and deplores the deteriorating humanitarian situation;

18. Also strongly condemns the use by the Syrian authorities of starvation of civilians as a method of combat, and further condemns the besiegement of civilians;

19. Further strongly condemns all acts of violence directed against humanitarian actors, and demands that the Syrian authorities promptly allow, and all other parties to the conflict not hinder, rapid, safe and unhindered humanitarian access for United Nations humanitarian agencies and their implementing partners, including across conflict lines and across borders, in order to ensure that humanitarian assistance reaches people in need through the most direct routes;

20. Welcomes the outcomes of the second International Humanitarian Pledging Conference for Syria, held in Kuwait on 15 January 2014, and the fourth meeting of the High-level Group on Humanitarian Challenges in Syria, held in Geneva on 3 March 2014, and further welcomes the efforts of neighbouring countries to host Syrian refugees;

21. Urges the international community, including all donors, to provide urgent financial support to enable the host countries to respond to the growing humanitarian needs of Syrian refugees, while emphasizing the principle of burden-sharing;

22. Decides to remain seized of the matter.

55th meeting 28 March 2013

[Adopted by a recorded vote of 32 to 4, with 11 abstentions. The voting was as follows: In favour:

Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, Costa Rica, Côte d’Ivoire, Czech Republic, Estonia, France, Gabon, Germany, Indonesia, Ireland, Italy, Japan, Kuwait, Maldives, Mexico, Montenegro. Morocco, Peru, Republic of Korea, Romania, Saudi Arabia, Sierra Leone, the former Yugoslav Republic of Macedonia, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States of America

Against: China, Cuba, Russian Federation, Venezuela (Bolivarian Republic of)

Abstaining: Algeria, Congo, Ethiopia, India, Kazakhstan, Kenya, Namibia, Pakistan, Philippines, South Africa, Viet Nam]