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Members of Syrian civil society engage high level officials, including President Volodymyr Zelensky, as well as key Ukrainian stakeholders, in Kyiv, to commemorate the 10th Anniversary of the Chemical Weapon attacks on Ghouta.
Aug 25, 2023 | [jp_post_view] | Download as PDF | This post is also available in: Arabic
On the 10th anniversary of the 2013 chemical attacks on Ghouta in Syria, and in calling for accountability for ongoing war crimes in Ukraine emboldened by the impunity for past and ongoing crimes in Syria, a group of Syrian civil society representatives visited Kyiv for a series of high-level official meetings and discussions with civil society leaders that concluded with an engagement at the Third Summit of the Crimea Platform with Ukrainian President Volodymyr Zelensky.
Members of the delegation:
• Attended the Third Summit of the Crimea Platform, where representatives of states from across the world, including heads of states, delivered messages of solidarity with Ukraine. Members of the delegation engaged with President Zelensky at the Summit, delivering a message of solidarity for the fight against
impunity in Ukraine and Syria. They affirmed that the free people of Syria stand against crimes committed in Ukraine and stand with its people, contrary to the Syrian regime’s support to Russia. The delegation presented President Zelensky with two gifts. The first symbolises forced displacement and the use of
chemical weapons in Syria using the colors of Ukrainian flag, which was hand made in Syria by artist and chemical weapons survivor, Akram Abo Alfoz. The second is a helmet of a fallen volunteer from the White Helmets who was killed in Syria, representing the sacrifice of Syrian heroes in the face of war crimes
committed by the Syrian regime in its Russian allies.
• Had an official meeting with Prosecutor General, Andriy Kostin, and his team responsible for different war crimes, international collaboration, and victims. Mr Kostin delivered strong messages of solidarity and recognition of the chemical attack. All members of the Syrian delegation shared their messages with Mr Kostin, expressing unwavering solidarity with Ukraine’s fight against impunity for crimes committed by Russia, by showcasing Russia’s propensity to commit such crimes as a policy using its actions in Syria as damning evidence. Technical and advocacy collaboration methods were discussed. The delegation presented Mr Kostin with a symbolic gift from Syria.
• Met with Tamila Tasheva, Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, Ukraine, and Maria Tomak, the Head of the Crimea Platform Department. The meeting reasserted the solidarity between the two people and the call for freedom from authoritarian regimes.
• Met with Oleksandra Matviichuk,head of the 2022 Nobel Laureate Center for Civil Liberties. The delegation discussed efforts of civil society organisation in pursuing justice and accountability for both countries.
• Visited the large graveyard in the church of Bucha and met with the Father Andriy. The delegation paid tribute for the victims of the massacre that was committed by the Russian army in Bucha which led to the killing of around 458 civilians in February 2022. Father Andriy expressed his gratitude for the visit, recalling that Syrians know well what Ukrainians are going through.
• Visited the relocated Mariupol hospital in Kyiv. The doctors of this hospital miraculously escaped the occupation in Mariupol which had experienced the systematic attacks by Russian air and land forces. As kind of resistance this hospital was re-established in Kyiv to until they will be able to go back home. Doctors and members of the Syrian delegation who were subjected to the same Russian policy, and who advocate against the bombing of hospitals, stood with them side by side.
• Had a heartfelt exchange with families of forcibly disappeared persons and political prisoners kidnapped and detained by Russia. During which, personal experiences and learned lessons from Syria and Ukraine were shared as a basis for a joint solidarity campaign demanding justice for all political detainees around the world.
• Met with leading and award-winning Ukrainian Journalist Nataliya Gumenyuk from The Reckoning Project and Public Interest Journalist Lab. Ms Gumenyuk previously covered the Arab Spring, including the fall of Aleppo. The delegation exchanged views on building public solidarity between Syrians and Ukrainians. The delegation presented Ms Gumenyuk with a token of appreciation from Syria for her efforts in supporting the trip.
• Visited the Independence Square of Kyiv, which was a key location for Ukrainian’s resistance against past authoritarian regimes. The delegation renewed its commitment to continue the fight towards a democratic Syria, premised on the rule of law and human rights.
Raed Al Saleh, the head of the White Helmets, said: “Since its intervention in Syria to support the Assad regime, Russia has continued to violate the rules of international humanitarian law, targeting infrastructure and humanitarian workers, employing a policy of collective punishment, destroying and besieging cities, and pursuing a policy of disinformation. These brutal tactics are now being applied in Ukraine. Justice must be pursued with such insistent and unwavering determination that no dictator or nation believes they can escape consequences for committing atrocities and abuses without accountability.”
Taher Hijazi, a human rights defender and recipient of the Marianne award for human rights who survived and documented chemical attacks in Syria said: “Ten years ago, I was responding to and documenting the evidence of the Russian-supported chemical attack in Ghouta. Today, I am here to back the foremost efforts of our Ukrainian colleagues in holding Russia accountable for its continuous war crimes.”
Waad AlKateab, an award-winning Syrian film maker, said: “I’ve been documenting attacks on hospitals and health workers, which has been a Russian military strategy in Syria to destroy the resilience of the entire community; and the same strategy is being repeatedly used in Ukraine. We are here to prove that they have not won in breaking our will, and they won’t. We are here to keep fighting for justice and accountability”.
Fadel Abdlhgani, the head of the Syrian Human Rights Network, said: “In this visit, I handed a list of more than seven thousand of Syrian victims killed by Russian military. We are here to honour them and all Ukrainian victims through our support to the Ukrainians in their accountability efforts against Russia war crimes. Holding perpetrators accountable requires us to join efforts for justice.”
Afraa Hashem, campaigner at The Syria Campaign and a displaced activist from eastern Aleppo, said: “I am a human rights defender who was forcibly displaced with my 3 kids by the Syrian regime and its Russian allies. This crime, which I will never overcome its consequences, was presented by Russia as a process of humanitarian evacuation, when in fact it was one of their war tactics to control my city. I am here to support the Ukrainian families in their fight to reach justice and live safely in their homes.”
The visit was Syrian initiated, led, and funded. It was organised by Madaniya and the Syrian British Consortium at the initiative of Syrian British lawyer Ibrahim Olabi. It was made possible with the support of the White Helmets, the Syrian Network for Human Rights, the Syrian Legal Development Programme, the American Coalition for Syria, the Syria Campaign, the Syrian British Medical Society, Action for Sama, the Association of Victims of Chemical Weapons in Syria, and Don’t Suffocate the Truth Campaign. It was facilitated by kind support of the Office of the Prosecutor General Official Protocol in Ukraine and with the assistance of The Reckoning Project: Ukraine Testifies.
LIST OF DELEGATION
• Abdulkarim Ekzayez: Health system and health security specialist at King’s College London. He is the general secretary of the Syrian British Medical Society and the deputy chair of the Syrian Public Health Network. He established some of the first field hospitals in northern Syria where he witnessed attacks on hospitals.
• Afraa Hashim: Activist and human rights defender. Campaigner with the Rights group, The Syria Campaign, and a board member of Don’t Suffocate the Truth; an advocacy campaign for combating the denial of chemical attacks in Syria.
• Amneh Khoulani: Human rights defender, vice chair of Madaniya and co-founder of Families for Freedom. She is a recipient of International Women of Courage Award by the US Secretary of State.
• Fadel Abdulghani: Chair of the Syrian Network of Human Rights (SNHR). SNHR’s documentation is referenced in many state’s country reports and rigorously documented Russian abuses in Syria.
• Haytham Alhamwi: Chair of the Syrian British Consortium; a UK-based award-winning Syrian-led group advocating for democracy and accountability, including in relation to Russian war crimes in Syria. The SBC engages regularly with head of states and foreign ministers.
• Ibrahim Olabi (Head of Delegation): Chair of the Syrian Legal Development Programme and a board member of Madaniya and the Syrian British Consortium. He is the Chief Legal Counsel of The Reckoning Project: Ukraine Testifies, and a Barrister at Guernica 37.
• Mazen Gharibah: Executive Director of the award-winning Syrian British Consortium. He is a researcher at London School of Economics and a member of the UN-backed Syrian Constitutional Committee representing the civil society.
• Raed Al-Saleh: Head of the Syria Civil Defense (The White Helmets); A humanitarian organisation dedicated to helping communities in Syria, with more than 3,000 volunteers working to rescue civilians, provide essential services, help civilians settle down, and seek justice for them.
• Salim Namour: Forcibly displaced surgeon from Ghouta, and a survivor and documenter of its chemical attacks. He is the chief of the Association of Victims of Chemical Weapons in Syria. He was also the founder of the Cave Hospital and the Health Directorate in Ghouta.
• Sawsan Abou Zainedin: Chief Executive Officer of Madaniya; an umbrella of over 200 Syrian civil society organisations working across all sectors and geographies, inside Syria and in diaspora. Madaniya is aimed at enhancing the political agency of the Syrian civic space.
• Taher Hijazi: An award-winning human rights defender who received the Marianne award for human rights. He survived and documented the sarin gas attacks in 2013 and chlorine gas attacks in 2018 on Ghouta and co-founded the Association of Victims of Chemical Weapons in Syria.
• Waad AlKateab, A Syrian activist and filmmaker. Her first documentary, For Sama, received worldwide critical acclaim, winning numerous awards, including best Documentary at the BAFTAs and an OSCAR nomination at the 2020 Academy Awards. She was listed in the 2020 Time100 List of Most Influential People.
• Zaki Lababidi M.D., Chair of Foreign Affairs at the Syrian American Council; the largest Syrian American grassroots organisation in the U.S. and a board member of the American Coalition for Syria. Dr. Lababidi leads the organisation’s relations with regional partners and counterparts.
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Bashar Al-Assad: End Syria Sanctions Programmes!
We, the undersigned Syrian organisations, in Syria and abroad, call upon Bashar al-Assad to end the Syria sanctions programmes immediately. Assad holds the keys to ending the sanctions by engaging genuinely in the political process outlined by in the UN Security Council resolution 2254, ending human rights violations and submitting to the pillars of genuine justice.
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(العربية) أسئلة وأجوبة حول توجه هولندا إلى محكمة العدل الدولية
(العربية) لمحة مختصرة عن بعض أنظمة العقوبات المفروضة على سوريا
SLDP participates in Two Panels at “United Nations Forum on Business and Human Rights” in Geneva
The Human Rights and Business Unit (HRBU) within the Syrian Legal Development Programme participated in the “UN Forum on Business and Human Rights” in November 2019 in Geneva, an event guided and chaired by the UN Working Group on Business and Human Rights and organized by its Secretariat at the Office of the UN High Commissioner for Human Rights (OHCHR).
The annual forum is a global platform for stock-taking and lesson-sharing on efforts to move the UN Guiding Principles on Business and Human Rights from paper to practice.
Noor Hamadeh -Head of the HRBU Unit- participated as a panelist in 2 sessions.
The first session titled “Regulating businesses in contexts of conflict and occupation: what more is needed?“ was organized by the Essex Business and Human Rights Project in collaboration with Al-Haq, GreenAdvocates, Norwegian People’s Aid, Swedwatch, and SLDP; the session examined the particular risks posed by businesses operating in conflict-affected areas and on the potential for states and businesses to proactively and appropriately manage those risks.
Panelists identified best practices, discussed the difficulties of balancing rights in these contexts, and outline risks for which both businesses and states should be aware. Panelists also elaborated on particular remediation needs for individuals and communities impacted by business activities in situations of armed conflict.
Hamadeh presented on the various business and human rights risks that exist in the Syrian context, including those relating to humanitarian aid provision and reconstruction. Hamadeh also highlighted a number of factors business actors should pay attention to when engaging in the Syrian context, including constantly monitoring conflict conditions and identifying what actors are financing the conflict.
More on this panel can be found here http://bit.ly/2QRBIbT
The second session titled “Regional dialogue: lessons learned, challenges, innovation – WEOG – Part 2 (Home States and responsible investment in post-conflict)“ was organized by the UN Working Group on Business and Human Rights. The session focused on the role of home states in promoting responsible investment and responsible business in post-conflict and reconstruction contexts, as well as considerations for fragile situations more generally. Panelists discussed different ways to ensure that investments contribute to peacebuilding and development in post-conflict and reconstruction contexts such as in Syria, and what the role of home states is.
During this panel, Hamadeh provided recommendations to home states regarding their roles in promoting responsible investment in Syria’s reconstruction including:
- Developing regulations and guidance to govern their businesses’ activities in reconstruction.
- Require humanitarian and UN actors they fund to abide by a minimum human rights due diligence.
- Approach foreign policy around reconstruction from a human rights and accountability based perspective, including using sanctions regimes as an interim accountability measure.
More on this panel can be found here http://bit.ly/2uqZfJk
Participating in the forum is a part of SLDP continuous advocacy with various stakeholders around human rights and business issues in the Syria context.
More on the UN Forum on Business and Human Rights can be found here http://bit.ly/305nTLm
More on the Human Rights and Business Unit can be found here http://bit.ly/2FAouex
Amendments to Law Nr.10/2018 and Legislative Decree Nr.66/2012 in Syria
Syrian President Bashar Al Assad has issued law Nr. 42 of 2018 on Sunday 11/11/2018, amending some articles of law Nr.10 of 2018 and some articles of legislative decree Nr.66 of 2012. These two laws have caused wide international controversy which was showcased by some countries filing complaints to the Security Council against law Nr. 10 considering it to be hindering the return of Syrian refugees. These amendments were issued even before law Nr. 10 was implemented, which confirms that they were made as a result of international pressure on the Syrian government.
It must be noted that the issuance of this law invalidates the claims of the Russian authorities, who have informed the United Nations about the Syrian government’s intention to step back from law Nr.10. As laws cannot be amended or invalided through political statements, reality also provides continuous prove that the acts of the Syrian government are nothing more than media propaganda aiming at changing the international boycott policy against it, and to drag donor states to contribute towards the reconstruction of what the government’s war machines have destroyed.
Despite the fact that the new decree has amended the deadline by which property owners have to provide their property claims to be now one year, it does not include any amendments of the provisions that allows the administrative unit to perform free deductions of land (Article 2(11)) or the forced mechanism laid down by the law in regards to the disposal of stock ownership by owners through previously specified choices and timelines (Article 2(17)). In addition, the amendments did not deal with the existing inadequacy in provisions related to alternative housing stipulated in law Nr. 10 (Article 2(24)), which, without doubt, constitute a blatant violation of property rights guaranteed by the constitution (Article 15) and international conventions. Therefore, fears and doubts remain existent regarding the extent to which these laws will impact the rights of refugees and internally displaced persons to return to their homes and claim their properties.
For this reason, this paper will include an in-depth reading of decree Nr. 42 of 2018, explaining the amendments made in addition to our observations regarding the new property laws that were issued by the Syrian government.
Firstly: Regarding law Nr. 10 of 2018
1. The law amended the deadline by which owners need to come forward with their property claims to be a whole year starting from the date of declaring an area a developmental zone. Previously, this deadline had been one month only under law Nr. 10 (Article1 A).
2. The law considered the rights registered in the real estate registry (Land registry) to be accurate, valid and accredited in front of the “specialized committees in conflict resolution, distribution and estimation” until the opposite is proven through legal means, regardless if property was claimed by their owners or not or was claimed after the passing of the one year deadline. In other words, the law required the specialized committees to take cadastral registrations into consideration whether or not the owners or the right holders appeared before them or whether or not they filed their claims. This goes without saying given the evidentiary power rea; estate registry has on all people (Article1 Paragraph A.)
3. The invitation by the administrative unit needs to include: owners and in- kind right holders such as claims of placed charges, mortgages, foreclosures, concessions, insurance and restraining orders, whether these rights are proven through formal ways, such as court orders and documented contracts, or not. In addition, these properties and rights include those mentioned in real estate registry records and all other records of the same category such as temporary registration records, municipality records, military housing institution and housing associations (Article1 Paragraph A).
4. The required evidence that needs to be presented could be official documents or even just copies of these documents, and in case of unavailability stakeholders could mention in detail in writing the specifications of their properties, borders, size and legal kinds or the nature of their in-kind rights or all their rights and responsibilities and in- kind claims. This means that the law has given them the opportunity to prove their ownership in legally acceptable ways in front of the specialized administrative and juridical committees or in front of courts in the future.
5. The ones who have the right to come forward with property permits, claims and rights are the persons concerned themselves or through guardianship of minors they represent or through power of attorney of clients they represent (Article1 Paragraph A). The law also allowed the relatives of owners and right holders up to the 4th degree and without power of attorney to represent them in claiming their rights and proving and defending them. This includes the ascendants (fathers, grandfather and their fathers…etc.) and the descendants (children, grandchildren, children of grandchildren), and brothers and sisters and their children and grandchildren, uncles and aunts from both paternal and maternal sides and their children. The law also set out to allow power of attorney to others regarding this aspect (Article1 Paragraph B).
Secondly: Regarding legislative decree Nr. 66 of 2012
1. The law stipulated that it is compulsory to establish specialized legal committees to look into objections, disputes, property claims, and all in-kind disputes related to the real estates of the developmental area (Article2 Paragraph A).
2. The committees have jurisdiction whether or not property ownership and rights had been declared in front of the estimation courts. (Article 2 Paragraph A).
3. Courts must abandon litigation related to property and in-kind rights claims in regard to this specific developmental area and refer these cases to these committees with competent jurisdiction if no final judgment has previously been issued (Article 2 Paragraph A).
4. Personal rights such as rental and investment rights are not included in this law.
5. The law left the door open for those who had no knowledge of a decree being issued in order to create a developmental area that affects their rights, as well as for those who were not able to declare their properties or in-kind rights in front of the estimation and conflict resolution committees, so that they can resort to the specialized court in accordance to the general rules governing this issue (Article 2 Paragraph B).
General Observations
1. The practical implementation of these laws is the judge that determines the extend of protection of the right of property of owners and in-kind right holders. This cannot be determined unless the said laws have been used as the legal basis for reconstructing the affected areas in practice. The reason for that is the rightful lack of trust in the Syrian agencies and institutions, whether administrative or juridical.
2. Many of the procedures set out in the law could be totally disregarded based on outside instructions, such as those requiring security clearances for some kinds of power of attorneys.
3. These laws do not present sufficient guarantees to protect the rights of people belonging to the political opposition or even normal citizens, as long as the Syrian government could refer them to the Counter-Terrorism Court” and try them in absentia or issue sentences against them seizing or expropriating their property. The government could also perform these acts through the ministry of finance and other state agencies that have been used by the government as a mean to punish opposition or those whose loyalty to the government is questioned.
4. These laws cannot under any circumstances be considered a guarantee that would encourage Syrian refugees and internally displaced people to return to Syria. On the contrary they establish a hinderance and a violation of the right of return.
Toolkit: The Human Rights and Business Toolkit for Syria
Supported by the European Union, The Swiss FDFA, the Dutch MFA and Impunity Watch, The Human Rights and Business Unit of the Syrian Legal Development Programme is pleased to introduce the Human Rights and Business Toolkit for Syria.
The toolkit aims at helping human rights defenders working on Syria to identify, document, engage and advocate on human rights issues linked to business activity in Syria, and holding perpetrators of business-related human rights abuses to account. It is tailored to the Syrian conflict and aimed at Syrian civil society organisations (CSOs) and individual human rights defenders concerned about the impact businesses have on the human rights situation in Syria.
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Report: BUSINESS ACTIVITY LINKED TO HUMAN RIGHTS IN SYRIA
The Syrian Legal Development Programme (SLDP)’s Human Rights and Business Unit has been documenting business-related activities that may contribute to international crimes or human rights violations in Syria on an ongoing basis since its founding in April 2018. SLDP has chosen to publish findings from this period in particular (1 April – 30 September 2018) as opposed to a more recent period is to avoid jeopardizing current investigations into more recent business-related activities and their human rights impacts .For more recent specific data please get in touch directly with our team.
With this report, SLDP aims to provide evidence of the types human rights violations and international crimes business activity in Syria is contributing to. These findings are intended to empower Syrian civil society and international actors by providing them with the information they need to respond to potential violations of international law by Syrian business elites, multinational businesses, and other business actors in Syria.
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Guide On The Special Procedures Of The Human Rights Council In The Syrian Context
Within the framework of the International Law Support Unit’s continuing support of Syrian civil society organizations’ sustainable and effective engagement with the United Nations human rights mechanisms, and following up on a series of initiatives and activities provided and/or facilitated by the unit including workshops, training, information sessions, meetings with partner organizations as well as UN mechanisms; In addition to supporting dozens of correspondence directed to the Special Procedures of the Human Rights Council, the Syrian Legal Development Programme is pleased to launch today a practical “Guide On The Special Procedures Of The Human Rights Council In The Syrian Context”.
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