RES/37/1 The deteriorating situation of human rights in Eastern Ghouta, in the Syrian Arab Republic

GE.18-03599(E)

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Human Rights Council

Thirty-seventh session

26 February–23 March 2018

Agenda item 1

Resolution adopted by the Human Rights Council on 5 March 2018

37/1. The deteriorating situation of human rights in Eastern Ghouta, in the

Syrian Arab Republic

The Human Rights Council,

Having held an urgent debate to discuss the deteriorating situation of human rights

in Eastern Ghouta, in the Syrian Arab Republic, which is currently under siege by the

Syrian authorities,

Recalling the principles of the Charter of the United Nations and all relevant

resolutions of the General Assembly, the Security Council and the Human Rights Council,

the most recent of which were Human Rights Council resolution 36/20 of 29 September

2017, General Assembly resolution 72/191 of 19 December 2017 and Security Council

resolutions 2393 (2017) of 19 December 2017 and 2401 (2018) of 24 February 2018,

Recalling also the statement of the Secretary-General to the Human Rights Council,

on 26 February 2018, including his clear position that Security Council resolution 2401

(2018) must be immediately implemented and sustained, in particular, to ensure the

immediate, safe, unimpeded and sustained delivery of humanitarian assistance, the

evacuation of the critically sick and wounded, and the alleviation of the suffering of the

Syrian people, as well as his reiteration that all parties have obligations in international

humanitarian law regarding the protection of civilians and civilian infrastructure,

Recalling further the press release of the United Nations High Commissioner for

Human Rights of 21 February 2018 and his statement to the Human Rights Council on 26

February, in which he expressed alarm at the escalation of continued hostilities in Eastern

Ghouta and called for an immediate cessation of hostilities, and stressed the imperative of

granting immediate humanitarian access and ensuring swift facilitation of evacuations of

the sick and wounded, as well as civilians wishing to leave, adding that any political

agreement regarding Eastern Ghouta must be in conformity with international human rights

law and international humanitarian law, and that no forced displacement of civilians should

take place as a result of such a political agreement,

Emphasizing the need for accountability for human rights violations and abuses and

violations of international humanitarian law committed by all parties to the armed conflict

in the Syrian Arab Republic, and underlining in this respect the important role of the

Independent International Commission of Inquiry on the Syrian Arab Republic and the

International, Impartial and Independent Mechanism to Assist in the Investigation and

Prosecution of Persons Responsible for the Most Serious Crimes under International Law

Committed in the Syrian Arab Republic since March 2011,

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

territorial integrity of the Syrian Arab Republic,

1. Strongly condemns all violations of international humanitarian law and all

violations and abuses of human rights and fundamental freedoms in the Syrian Arab

Republic;

2. Also strongly condemns the sustained denial of humanitarian access, the

repeated attacks against medical facilities and civilian infrastructure, in contravention of

international humanitarian law, the indiscriminate use of heavy weapons and aerial

bombardments against civilians and the alleged use of chemical weapons in Eastern

Ghouta;

3. Welcomes Security Council resolution 2401 (2018), in which the Council

demanded that all parties to the conflict cease hostilities without delay for at least 30

consecutive days to enable the safe, unimpeded and sustained delivery of humanitarian

assistance and medical evacuations of the critically sick and wounded, in accordance with

applicable international law, and calls for its full and immediate implementation by all

parties to the conflict;

4. Calls upon all parties, in particular the Syrian authorities, to meet their

responsibility to protect the Syrian population and to end immediately all attacks against

civilians in Eastern Ghouta, while the growing number of civilian casualties in Damascus

are also of concern, as delays in the implementation of the ceasefire cause more suffering

on all sides;

5. Stresses the need to ensure accountability for those responsible for violations

and abuses of international human rights law and violations of international humanitarian

law in Eastern Ghouta, and also stresses that those responsible for violations and abuses of

international human rights law and serious violations of international humanitarian law in

all areas of the Syrian Arab Republic must be held to account;

6. Demands that all parties, particularly the Syrian authorities, allow safe,

unimpeded and sustained access by the United Nations, their implementing partners and

humanitarian operators to all people in need, including immediate access for aid deliveries

and medical evacuations to and from Eastern Ghouta, and the protection of medical and

other humanitarian personnel, facilities and transport;

7. Requests the Independent International Commission of Inquiry on the Syrian

Arab Republic, upon renewal of its mandate, to urgently conduct a comprehensive and

independent inquiry into the recent events in Eastern Ghouta, and to provide an update

followed by an interactive dialogue on the situation to the Human Rights Council at its

thirty-eighth session;

8. Decides to remain seized of the matter and to take further action on the

situation of human rights in the Syrian Arab Republic.

16th meeting

5 March 2018

[Adopted by a recorded vote of 29 to 4, with 14 abstentions. The voting was as follows:

In favour:

Afghanistan, Australia, Belgium, Brazil, Chile, Côte d’Ivoire, Croatia,

Georgia, Germany, Hungary, Japan, Mexico, Panama, Peru, Qatar, Republic

of Korea, Rwanda, Saudi Arabia, Senegal, Slovakia, Slovenia, Spain,

Switzerland, Togo, Tunisia, Ukraine, United Arab Emirates, United Kingdom

of Great Britain and Northern Ireland, United States of America

Against:

Burundi, China, Cuba, Venezuela (Bolivarian Republic of)

Abstaining:

Angola, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Iraq,

Kenya, Kyrgyzstan, Mongolia, Nepal, Nigeria, Pakistan, Philippines, South

Africa]