Draft Council conclusions on Syria (General Secretariat note)

COUNCIL OF

THE EUROPEAN UNION

Brussels, 21 October 2013

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NOTE

From:

To:

Subject:

1.

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General Secretariat of the Council

COREPER/Council

Draft Council conclusions on Syria

At its meeting on 21 October 2013, the Political and Security Committee agreed the draft

Council conclusions on Syria, as set out in Annex I.

2.

There are outstanding issues in brackets in paragraphs 2 and 5.

3.

COREPER is therefore invited to confirm and approve the draft Council conclusions and to

transmit them to the Council for adoption.

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ANNEX I

DRAFT COUNCIL CONCLUSIONS ON SYRIA

1.

The EU continues to be extremely concerned by the deteriorating situation in Syria, which

makes it all the more urgent to put an end to all violence and to the suffering of the Syrian

people, and find a political solution that meets their legitimate aspirations. The EU condemns

the unprecedented use of force by the regime. It also condemns the continuing widespread and

systematic violations of international humanitarian law and human rights in Syria, including

increasing attacks on religious and ethnic communities. Only a political solution that results in

a united, inclusive and democratic Syria can end the terrible bloodshed, and grave violations

of human rights.

2.

The EU welcomes the call of UNSG Ban Ki-Moon for a peace conference in Geneva before

the end of November. It urges both sides of the conflict to respond positively to this call and

to adhere publicly to a credible political transition based on the full implementation of the

Geneva Communiqué. [The EU reiterates that the objective of the Conference must be the

swift establishment, by mutual consent, of a transitional governing body (TGB) with full

executive powers and control of all governmental and all security institutions.] [The TGB

should not include those whose presence would undermine the credibility of the transition.]

[The EU also considers that, in line with the Geneva Communiqué, the parties will have to

agree during the Conference on clear and irreversible steps and a short timeframe for the

political transition that would lead to a genuine constitutional process and truly free and

unhindered elections. Any election in Syria will have to be organized in this framework.]

International participants of Geneva II should adhere to the principles included in the Geneva

Communiqué.

The EU calls on the opposition to come together and participate actively at the conference and

encourages the National Coalition of the Syrian Revolutionary and Opposition Forces (SOC)

to take a leading role during negotiations. The EU stands ready to continue engaging with and

to support the Coalition in these endeavours and its relations with the international community

at large.

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3.

The EU stood united in condemning in the strongest terms the horrific chemical attack

perpetrated on August 21. That attack constituted a blatant violation of international law,

which amounts to a crime against humanity and a war crime under the Rome Statute of the

International Criminal Court (ICC). These crimes, as well as other atrocities and human rights

violations and abuses must be investigated and perpetrators and those ordering these crimes

must be held accountable. The EU reaffirms that there should be no impunity for any such

violations, including those committed with either chemical and conventional weapons or other

means, and recalls that the UNSC can refer the situation in Syria to the ICC - as requested in

the Swiss letter to the SC of 14 January 2013 - at any time.

The EU is seriously concerned with the growing involvement of extremist and foreign nonstate actors in the fighting in Syria, which is further fueling the conflict and posing a threat to

regional stability. The EU calls on all relevant parties to halt the support to these groups.

4.

The EU welcomed the OPCW Executive Council Decision and UN Security Council

resolution 2118 (2013) on 27 September, which decided that the Syrian Arab Republic shall

eliminate all chemical weapons material and equipment by the first half of 2014. The Syrian

Arab Republic must now meet all its obligations in the most complete, diligent and

transparent manner. The EU calls on all sides to ensure free and unfettered access of

inspectors to all sites. The EU is concretely supporting the UN-OPCW joint mission in

carrying out its important and urgent tasks and stands ready to consider further support.

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5.

The EU reaffirms its commitment as the largest donor to providing assistance, including

humanitarian aid, to the Syrian people on a continuing basis, which now amounts to close to

€2 billion, [and agrees on the attached common messages on humanitarian aspects of the

Syria crisis]. All efforts must be made to ensure that humanitarian aid reaches all people in

need in Syria and that full access is granted to humanitarian aid agencies.The EU welcomed

the October 2nd presidential statement of the Security Council on the humanitarian situation in

Syria (S/PRST/2013/15). This presidential statement must be fully implemented, and the EU

welcomes the efforts that are being made by the UN, in particular OCHA, in this regard. All

parties, in particular the Syrian authorities, must take all appropriate measures to facilitate

safe and unhindered humanitarian access to populations in need of assistance in the entirety of

the Syrian territory, including across conflict lines and across borders from neighbouring

countries. The EU calls on the two sides of the conflict to allow for local ceasefires to

facilitate humanitarian work and to respect all obligations under international humanitarian

law.

The EU expresses deep concern for the fate of millions of Internally Displaced Persons (IDPs)

and refugees, and commends those countries that keep their borders open in order to provide

safe haven for the refugees. The EU renews its commitment to respond to humanitarian needs

in Syria and its neighbouring countries. The EU recognises that the dramatic situation of

refugees affecting neighbouring countries is also of growing concern to and is having an

impact on countries beyond the immediate vicinity of Syria.

6.

To facilitate an effective settlement of the crisis, the EU will continue its engagement with

and support to the SOC, including in areas under its control. The EU welcomes the creation of

the Syria Recovery Trust Fund by the Group of Friends of the Syrian People as an important

step to ensure that the assistance needed by the people of Syria is properly delivered.

7.

The EU supports a vision of Syria which will live up to the legitimate demands of the Syrian

people for a free, open and inclusive political system, in which all Syrians will be involved

and enjoy equal rights regardless of their origin, affiliation, religion, beliefs and recognising

an important role of women in society.

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[ANNEX II

EU COMMON MESSAGES ON

THE HUMANITARIAN ASPECTS OF THE SYRIA CRISIS

1.

All efforts to facilitate an agreement in the UNSC on the need for unfettered humanitarian

access and full respect of IHL must be supported.

2.

Recognising the central role of OCHA in coordinating humanitarian assistance, the way

forward presented by the ERC/USG to the UN Security Council, which is fully in line with

the Foreign Affairs Council Conclusions of 27 May 2013, in particular paragraphs 4 and 5

(respect of IHL, protection of civilians, medical personnel, open borders), must be welcomed

and supported.

3.

The absolute and urgent necessity of the following must be emphasised:

–

All parties to the conflict must respect in full, and be held accountable for violations of

International Humanitarian Law and their obligations to protect civilians. There must be

zero tolerance by all parties regarding the killing, maiming, abduction and recruitment

to armed groups of children, and regarding sexual and gender based violence, noting the

particular risks faced by women and children;

–

All parties must ensure the safety and protection of all humanitarian workers and

medical personnel. They should facilitate free passage of medical supplies to all areas,

and safeguard all health facilities and ambulances;

–

Syria should provide the necessary authorisation to scale up humanitarian operations

within the country while all parties must facilitate unimpeded access for humanitarian

workers to people in need throughout Syria through all possible channels, including

cross-border assistance as required by operational necessity;

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–

All neighbouring countries should be encouraged to maintain or re-establish open

borders in order to provide safe haven for, and equal treatment to refugees, including

Palestinian refugees. For their part, all donor countries should in accordance with the

principles of burden sharing ensure the fulfilment of pledges already made and, in

recognition of the immense burden placed upon, and risks to neighbouring countries

continue to provide financial support to enable host countries to respond to the growing

humanitarian needs of refugees. All parties should facilitate the delivery of aid based on

a transparent, efficient and accommodating regulatory framework;

–

A regional strategy must be developed to strengthen linkages between humanitarian and

development assistance across the region, in association with development actors and

international financial institutions, one of the main priorities being the reinforcement of

local capacities in order to cope with the essential needs of both refugees and affected

local populations;

–

Humanitarian aid must be channelled in a way which fully respects the humanitarian

principles of neutrality, independence and impartiality.

4.

Efficiency and effectiveness of aid is a key issue given the urgency of the situation and the

severe financial constraints. The efforts undertaken by OCHA to ensure regular and accurate

reporting from all implementing partners, including information on humanitarian needs,

ongoing operations and identified gaps, must be strongly supported. All humanitarian partners

of the EU and its Member States must be urged to reinforce monitoring of their operations, to

participate in coordination mechanisms and to share operational data, to the extent possible.

The request from implementing partners not to publicly disclose specific information should

be respected, in order not to put local and international staff at risk.

5.

The EU and its Member States should increase efforts to coordinate their response in a

strategic and operational manner, to avoid duplication and to foster a more coherent and

complementary approach. The Commission will take practical measures to that end.

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مذكرة من الأمانة العامة لمجلس الاتحاد الأوروبي تتضمن مسودة استنتاجات المجلس حول سورية (تشرين الأول/ أكتوبر 2013).