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Monday, September 30, 2013

Security Council draft statement on humanitarian situation in Syria

This draft presidential statement was proposed by Australia and Luxembourg. Security Council will discuss it today afternoon (Monday, 30 Sep). 

28 September 2013

Statement by the President of the Security Council

1.     The Security Council recalls its Resolutions 2042 (2012) and 2043 (2012) and 2118 (2013), and its Presidential Statements of 3 August 2011, 21 March 2012 and 5 April 2012.

2.     The Security Council reaffirms its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations.

3.     The Security Council calls on all parties to respect the UN guiding principles of humanitarian emergency assistance while stressing the importance of such assistance being delivered on the basis of need, devoid of any political prejudices and aims.

4.     The Security Council is appalled at the unacceptable and escalating level of violence and the death of more than 100,000 people in Syria as reported by the UN Secretary-General and the UN High Commissioner for Human Rights. It is gravely alarmed by the significant and rapid deterioration of the humanitarian situation in Syria. It notes with grave concern that several million Syrians are in need of immediate humanitarian assistance and that without urgent increased humanitarian action, their lives will be at risk.

5.     The Security Council condemns the widespread violations of human rights and international humanitarian law by the Syrian authorities, as well as any human rights abuses and violations of international humanitarian law by armed groups.

6.     The Security Council also condemns all violence committed in Syria, irrespective of where it comes from, including all acts of sexual and gender-based violence and abuse, and recalls that international humanitarian law prohibits rape and other forms of sexual violence.

7.     The Security Council further condemns all grave violations and abuses committed against children in contravention of applicable international law, such as recruitment and use, killing and maiming, rape and all other forms of sexual violence, attacks on schools and hospitals as well as arbitrary arrest, detention, torture, ill treatment and use as human shields.

8.     The Security Council moreover condemns increased terrorist attacks resulting in numerous casualties and destruction carried out by organisations and individuals associated with Al-Qaeda, and calls on all parties to commit to putting an end to terrorist acts perpetrated by such organisations and individuals. The Council reaffirms, in this regard, that terrorism in all its forms and manifestations constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever and by whomsoever committed.

9.     The Security Council recalls the obligations under international humanitarian law to distinguish between civilian populations and combatants, and the prohibition against indiscriminate and disproportionate attacks against civilians and civilian objects, as well as the prohibition on the use of chemical weapons and the employment of weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering. The Council urges all parties to immediately cease and desist from all violations of international humanitarian law and violations and abuses of human rights, and calls on all parties to reaffirm their obligations under international humanitarian law and to take all appropriate steps to protect civilians, including by desisting from attacks directed against civilian objects, such as medical centres, schools and water stations, and also calls on all parties to avoid establishing military positions in populated areas. The Council recalls in this regard that the Syrian authorities bear the primary responsibility to protect their populations.

10.  The Security Council also recalls that under international humanitarian law, the wounded and sick must receive, to the fullest extent practicable, and with the least possible delay, medical care and attention required by their condition and that medical and humanitarian personnel, facilities and transport must be respected and protected. To this end, the Council urges free passage to all areas for medical personnel and supplies, including surgical items and medicine.

11.  The Security Council stresses that the magnitude of the humanitarian tragedy caused by the conflict in Syria requires immediate action to facilitate safe and unhindered delivery of humanitarian assistance in the whole country. It condemns all cases of denial of humanitarian access, and recalls that arbitrarily depriving civilians of objects indispensable to their survival, including wilfully impeding relief supply and access, can constitute a serious violation of international law.

12.  The Security Council urges all parties, in particular the Syrian authorities, to take all appropriate steps to facilitate the efforts of the United Nations, its specialized agencies and all humanitarian actors engaged in humanitarian relief activities, to provide immediate humanitarian assistance to the affected people in Syria, including by promptly facilitating safe and unhindered humanitarian access to civilians in need of assistance in all areas under their control and across conflict lines. It also encourages further cooperation between the United Nations, its specialized agencies and all parties concerned, including Syrian civil society organisations, to facilitate access and the delivery of assistance in the entirety of the Syrian territory.

13.  The Security Council further urges the Syrian authorities to take immediate steps to facilitate the expansion of humanitarian relief operations, and lift bureaucratic impediments and other obstacles, including through:

(a)   expediting the approval of further domestic and international Non-Governmental Organizations to engage in humanitarian relief activities;

(b)   easing and expediting the procedures for the operationalization of further humanitarian hubs, the entry and movement of humanitarian personnel and convoys by granting the necessary visas and permits in a predictable manner, the importation of goods and equipment, such as communication tools, protective armoured vehicles and medical and surgical equipment, needed for humanitarian operations;

(c)   promptly facilitating safe and unhindered humanitarian access to people in need through the most effective ways, including across conflict lines and, where appropriate, across borders from neighbouring countries in accordance with the UN guiding principles of humanitarian emergency assistance; and

(d)   accelerating approval for the implementation of humanitarian projects, including those in the revised Syria Humanitarian Assistance Response Plan.

14. The Security Council also urges all parties to:

(a)   take all appropriate steps to ensure the safety and security of United Nations personnel, those of its specialized agencies, and all other personnel engaged in humanitarian relief activities, without prejudice to their freedom of movement and access, and stresses that the primary responsibility in this regard lies with the Syrian authorities;

(b)   immediately demilitarize medical facilities, schools and water stations, and agree on the modalities to implement humanitarian pauses, as well as key routes to enable promptly - upon notification from relief agencies - the safe and unhindered passage of humanitarian convoys along these routes to access people in need; and

(c)   designate empowered interlocutors with the necessary authority to discuss with humanitarian actors operational and policy issues.

15.  The Security Council expresses its deep concern at the consequences of the refugee crisis caused by the conflict in Syria, which has a destabilising impact on the entire region. It expresses its appreciation for the significant efforts that have been made by the neighbouring countries and the countries of the region, notably Jordan, Lebanon, Turkey, Iraq and Egypt, to accommodate the refugees from Syria.

16.  The Security Council reaffirms the importance of the principle of non-refoulement, the right for refugees to return voluntarily to Syria and encourages countries neighbouring Syria to protect all people fleeing the violence in Syria, including Palestinians. It urges all Member States, based on burden sharing principles, to support these countries in assisting refugees and affected communities. The Council underlines the need for all parties to respect and maintain the security and civilian character of camps for refugees and internally displaced persons.

17.  The Security Council also urges all Member States to respond swiftly to the United Nations’ humanitarian appeals to meet the spiralling needs of people inside Syria and in neighbouring countries, and to ensure that all pledges are honoured in full. It further urges all Member States, in coordination with international financial institutions and United Nations agencies, to increase their support to address the increasing political, socio-economic and financial impact of the refugee crisis on hosting countries.

18.  The Security Council stresses the need to end impunity for violations of international humanitarian law and violations and abuses of human rights, and reaffirms that those who have committed or are otherwise responsible for such violations and abuses in Syria must be brought to justice.

19.  The Security Council emphasizes that the humanitarian situation will continue to deteriorate in the absence of a political solution to the crisis, reiterates its endorsement of the Geneva Communiqué of 30 June 2012 (Annex II of resolution 2118 (2013)) and demands that all parties work towards the immediate and comprehensive implementation of the Geneva Communiqué aimed at bringing an immediate end to all violence and violations and abuses of international law, and facilitating a Syrian-led political process leading to a transition that meets the legitimate aspirations of the Syrian people and enables them independently and democratically to determine their own future. It reiterates the need to convene as soon as possible an international conference to implement the Geneva Communiqué in order to facilitate a Syrian-led political process leading to a transition that would hasten an end to the conflict in Syria.

20.  The Security Council requests the Secretary-General to regularly inform the Council about the humanitarian situation in Syria and its impact on neighbouring countries, including on progress towards implementation of this presidential statement. 

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Thursday, September 26, 2013

Security Council resolution 2118 on chemical weapons in Syria

The Security Council,

PP1. Recalling the Statements of its President of 3 August 2011, 21 March 2012, 5 April 2012, and its resolutions 1540 (2004), 2042 (2012) and 2043 (2012),

PP2. Reaffirming its strong commitment to the sovereignty, independence and territorial integrity of the Syrian Arab Republic,

PP3. Reaffirming that the proliferation of chemical weapons, as well as their means of delivery, constitutes a threat to international peace and security,

PP4. Recalling that the Syrian Arab Republic on 22 November 1968 acceded to the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,

PP5. Noting that on 14 September 2013, Syria deposited with the Secretary-General its instrument of accession to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention) and declared that it shall comply with its stipulations and observe them faithfully and sincerely, applying the Convention provisionally pending its entry into force for the Syrian Arab Republic,

PP6. Welcoming the establishment by the Secretary-General of the United Nations Mission to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic (“the Mission”) pursuant to General Assembly resolution 42/37 C (1987) of 30 November 1987, and reaffirmed by resolution 620 (1988) of 26 August 1988, and expressing appreciation for the work of the Mission,

PP7. Acknowledging the report of 16 September 2013 (S/2013/553) by the Mission, underscoring the need for the Mission to fulfil its mandate, and emphasizing that future credible allegations of chemical weapons use in the Syrian Arab Republic should be investigated,

PP8. Deeply outraged by the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the Mission’s report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons  must be held accountable,

PP9. Recalling the obligation under resolution 1540 (2004) that all States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use weapons of mass destruction, including chemical weapons, and their means of delivery,

PP10. Welcoming the Framework for Elimination of Syrian Chemical Weapons dated 14 September 2013, in Geneva, between the Russian Federation and the United States of America (S/2013/565), with a view to ensuring the destruction of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner, and expressing its commitment to the immediate international control over chemical weapons and their components in the Syrian Arab Republic,

PP11. Welcoming the decision of the Executive Council of the Organization for the Prohibition of Chemical Weapons (OPCW) of [XX September 2013] establishing special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons program and stringent verification thereof, and expressing its determination to ensure the destruction of the Syrian Arab Republic’s chemical weapons program according to the timetable contained in the OPCW Executive Council decision of [XX September 2013],

PP12. Stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasising the need to convene the international conference on Syria as soon as possible,

PP13. Determining that the use of chemical weapons in the Syrian Arab Republic constitutes a threat to international peace and security,

PP14. Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council's decisions,

   1. Determines that the use of chemical weapons anywhere constitutes a threat to international peace and security;

   2. Condemns in the strongest terms any use of chemical weapons in the Syrian Arab Republic, in particular the attack on 21 August 2013, in violation of international law;

   3. Endorses the decision of the OPCW Executive Council [XX September 2013], which contains special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons program and stringent verification thereof and calls for its full implementation in the most expedient and safest manner;

   4. Decides that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to other States or non-State actors;

   5. Underscores that no party in Syria should use, develop, produce, acquire, stockpile,  retain, or transfer chemical weapons;
   6.  Decides that the Syrian Arab Republic shall comply with all aspects of the decision of the OPCW Executive Council of [XX September 2013] (Annex I);

   7. Decides that the Syrian Arab Republic shall cooperate fully with the OPCW and the United Nations, including by complying with their relevant recommendations, by accepting personnel designated by the OPCW or the United Nations, by providing for and ensuring the security of activities undertaken by these personnel, by providing these personnel with immediate and unfettered access to and the right to inspect, in discharging their functions, any and all sites, and by allowing immediate and unfettered  access to individuals that the OPCW has grounds to believe to be of importance for the purpose of its mandate, and decides that all parties in Syria shall cooperate fully in this regard;

   8. Decides to authorize an advance team of United Nations personnel to provide early assistance to OPCW activities in Syria, requests the Director-General of the OPCW and the Secretary-General to closely cooperate in the implementation of the Executive Council decision of [XX September 2013] and this resolution, including through their operational activities on the ground, and further requests the Secretary-General, in consultation with the Director-General of the OPCW and, where appropriate, the Director-General of the World Health Organization, to submit to the Council within 10 days of the adoption of this resolution recommendations regarding the role of the United Nations in eliminating the Syrian Arab Republic’s chemical weapons program;

   9. Notes that the Syrian Arab Republic is a party to the Convention on the Privileges and Immunities of the United Nations, decides that OPCW-designated personnel undertaking activities provided for in this resolution or the decision of the OPCW Executive Council of [XX September 2013] shall enjoy the privileges and immunities contained in the Verification Annex, Part II(B) of the Chemical Weapons Convention, and calls on the Syrian Arab Republic to conclude modalities agreements with the United Nations and the OPCW;

   10. Encourages Member States to provide support, including personnel, technical expertise, information, equipment, and financial and other resources and assistance, in coordination with the Director-General of the OPCW and the Secretary-General, to enable the OPCW and the United Nations to implement the elimination of the Syrian Arab Republic’s chemical weapons program, and decides to authorize Member States to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner;

   11. Urges all Syrian parties and interested Member States with relevant capabilities to work closely together and with the OPCW and the United Nations to arrange for the security of the monitoring and destruction mission, recognizing the primary responsibility of the Syrian government in this regard;

   12. Decides to review on a regular basis the implementation in the Syrian Arab Republic of the decision of the OPCW Executive Council [XX September 2013] and this resolution, and requests the Director-General of the OPCW to report to the Security Council, through the Secretary-General, who shall include relevant information on United Nations activities related to the implementation of this resolution, within 30 days and every month thereafter, and requests further the Director-General of the OPCW and the Secretary-General to report in a coordinated manner, as needed,  to the Security Council, non-compliance with this resolution or the OPCW Executive Council decision of [XX September 2013];

   13. Reaffirms its readiness to consider promptly any reports of the OPCW under Article VIII of the Chemical Weapons Convention, which provides for the referral of cases of non-compliance to the United Nations Security Council;

   14. Decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures therefore;

Accountability
   15. Expresses its strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;

Political transition
   16. Endorses fully the Geneva Communiqué of 30 June 2012 (Annex II), which sets out a number of key steps beginning with the establishment of a transitional governing body exercising full executive powers, which could include members of the present Government and the opposition and other groups and shall be formed on the basis of mutual consent;

   17. Calls for the convening, as soon as possible, of an international conference on Syria to implement the Geneva Communiqué, and calls upon all Syrian parties to engage seriously and constructively at the Geneva Conference on Syria, and underscores that they should be fully representative of the Syrian people and committed to the implementation of the Geneva Communiqué and to the achievement of stability and reconciliation;

Non-Proliferation
   18. Reaffirms that all Member States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighbouring the Syrian Arab Republic, to report any violations of this paragraph to the Security Council immediately;

   19. Demands that non-State actors not develop, acquire, manufacture, possess, transport, transfer, or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighbouring the Syrian Arab Republic, to report any actions inconsistent with this paragraph to the Security Council immediately;

   20. Decides that all Member States shall prohibit the procurement of chemical weapons, related equipment, goods and technology or assistance from the Syrian Arab Republic by their nationals, or using their flagged vessels or aircraft, whether or not originating in the territory of the Syrian Arab Republic;

Compliance
   21. Decides, in the event of non-compliance with this resolution, including unauthorized transfer of chemical weapons, or any use of chemical weapons by anyone in the Syrian Arab Republic, to impose measures under Chapter VII of the United Nations Charter;

   22. Decides to remain actively seized of the matter.

ANNEX 1
OPCW Executive Council Decision

ANNEX II
Action Group for Syria Final Communiqué
30 June 2012
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Saturday, September 14, 2013

Kerry - Lavrov agreement: Framework for Elimination of Syrian Chemical Weapons

For Immediate Release                                                                                                                                   September 14, 2013
2013/2121
MEDIA NOTE
Framework for Elimination of Syrian Chemical Weapons 

Taking into account the decision of the Syrian Arab Republic to accede to the Chemical Weapons Convention and the commitment of the Syrian authorities to provisionally apply the Convention prior to its entry into force, the United States and the Russian Federation express their joint determination to ensure the destruction of the Syrian chemical weapons program (CW) in the soonest and safest manner.

For this purpose, the United States and the Russian Federation have committed to prepare and submit in the next few days to the Executive Council of the OPCW a draft decision setting down special procedures for expeditious destruction of the Syrian chemical weapons program and stringent verification thereof.  The principles on which this decision should be based, in the view of both sides, are set forth in Annex A.  The United States and the Russian Federation believe that these extraordinary procedures are necessitated by the prior use of these weapons in Syria and the volatility of the Syrian civil war. 

The United States and the Russian Federation commit to work together towards prompt adoption of a UN Security Council resolution that reinforces the decision of the OPCW Executive Council.   This resolution will also contain steps to ensure its verification and effective implementation and will request that the UN Secretary-General, in consultation with the OPCW, submit recommendations to the UN Security Council on an expedited basis regarding the UN’s role in eliminating the Syrian chemical weapons program.

The United States and the Russian Federation concur that this UN Security Council resolution should provide for review on a regular basis the implementation in Syria of the decision of the Executive Council of the OPCW, and in the event of non-compliance, including unauthorized transfer, or any use of chemical weapons by anyone in Syria, the UN Security Council should impose measures under Chapter VII of the UN Charter.

The proposed joint US-Russian OPCW draft decision supports the application of Article VIII of the Chemical Weapons Convention, which provides for the referral of any cases of non-compliance to the United Nations General Assembly and the United Nations Security Council.  

In furtherance of the objective to eliminate the Syrian chemical weapons program, the United States and the Russian Federation have reached a shared assessment of the amount and type of chemical weapons involved, and are committed to the immediate international control over chemical weapons and their components in Syria.  The United States and the Russian Federation expect Syria to submit, within a week, a comprehensive listing, including names, types, and quantities of its chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities.

We further determined that the most effective control of these weapons may be achieved by removal of the largest amounts of weapons feasible, under OPCW supervision, and their destruction outside of Syria, if possible.  We set ambitious goals for the removal and destruction of all categories of CW related materials and equipment with the objective of completing such removal and destruction in the first half of 2014.  In addition to chemical weapons, stocks of chemical weapons agents, their precursors, specialized CW equipment, and CW munitions themselves, the elimination process must include the facilities for the development and production of these weapons.  The views of both sides in this regard are set forth in Annex B.

The United States and the Russian Federation have further decided that to achieve accountability for their chemical weapons, the Syrians must provide the OPCW, the UN, and other supporting personnel with the immediate and unfettered right to inspect any and all sites in Syria.  The extraordinary procedures to be proposed by the United States and the Russian Federation for adoption by the OPCW Executive Council and reinforced by a UN Security Council resolution, as described above, should include a mechanism to ensure this right.

Under this framework, personnel under both the OPCW and UN mandate should be dispatched as rapidly as possible to support control, removal, and destruction of Syria’s chemical weapons capabilities. 

The United States and the Russian Federation believe that the work of the OPCW and the UN will benefit from participation of the experts of the P5 countries. 

The United States and the Russian Federation strongly reiterate their position on Syria as reflected in the Final Communique of the G-8 Summit in Northern Ireland in June 2013, especially as regards chemical weapons.

The two sides intend to work closely together, and with the OPCW, the UN, all Syrian parties, and with other interested member states with relevant capabilities to arrange for the security of the monitoring and destruction mission, recognizing the primary responsibility of the Syrian Government in this regard.

The United States and the Russian Federation note that there are details in furtherance of the execution of this framework that need to be addressed on an expedited basis in the coming days and commit to complete these details, as soon as practicable, understanding that time is of the essence given the crisis in Syria.

Annex A
Principles for Decision Document by OPCW Executive Council

1.  The decision should be based on para 8. Art. IV and para. 10 of Art V of the CWC.
2.  The decision should address the extraordinary character of the situation with the Syrian chemical weapons.
3.  The decision should take into account the deposit by Syria of the instrument of accession to the CWC.
4.  The decision should provide for the easy accessibility for States Parties of the information submitted by Syria.
5.  The decision should specify which initial information Syria shall submit to the OPCW Technical Secretariat in accordance with a tightly fixed schedule and also specifies an early date for submission of the formal CWC declaration.
6.  The decision should oblige Syria to cooperate fully on all aspects of its implementation.
7.  The decision should address a schedule for the rapid destruction of Syrian chemical weapons capabilities.  This schedule should take into account the following target dates:
A.    Completion of initial OPCW on-site inspections of declared sites by November.
B.     Destruction of production and mixing/filling equipment by November.
C.     Complete elimination of all chemical weapons material and equipment in the first half of 2014.
The shortest possible final deadline, as well as intermediate deadlines, for the destruction of Syrian chemical weapons capabilities should be included into the schedule.
8.  The decision should provide stringent special verification measures, beginning within a few days, including a mechanism to ensure the immediate and unfettered right to inspect any and all sites.
9.  The decision should address the issue of duties of the OPCW Technical Secretariat in this situation and its need for supplementary resources to implement the decision, particularly technical and personnel resources, and call upon states with relevant capacities to contribute to this end.
10.  The decision should refer to the provisions of the CWC obliging the Executive Council, in cases of non-compliance with the Convention, to bring the issues directly to the attention of the UN General Assembly and the UN Security Council.

Annex B
Joint Framework on Destruction of Syrian CW

The Russian Federation and the United States of America agree on the need to achieve rapid elimination of Syria’s chemical weapons, thus reducing the threat posed to the people of Syria.  They are each prepared to devote high-level attention and resources to support the monitoring and destruction mission of the OPCW, both directly and in cooperation with the United Nations and other States concerned.  They agree to set an ambitious goal of eliminating the threat in a rapid and effective manner.

Both parties agree that a clear picture of the state of Syrian chemical weapons could help advance a cooperative development of destruction options, including possible removal of chemical weapons outside of the Syrian territory.  We agree on the importance of rapid destruction of the following categories:
1.      Production equipment
2.      Mixing and filling equipment
3.      Filled and unfilled weapons and delivery systems
4.      Chemical agents (unweaponized) and precursor chemicals.  For these materials, they will pursue a hybrid approach, i.e., a combination of removal from Syria and destruction within Syria, depending upon site-specific conditions.  They will also consider the possibility of consolidation and destruction in the coastal area of Syria.
5.      Material and equipment related to the research and development of chemical weapons
The two parties agree to utilize the “universal matrix”, developed in the course of consultations by our two National Security Councils, as the basis for an actionable plan.
They agree that the elimination of chemical weapons in Syria should be considered an urgent matter to be implemented within the shortest possible time period.
            The parties agree to set the following target dates:
A.    Completion of initial OPCW on-site inspections by November.
B.     Destruction of production and mixing/filling equipment by November.
C.     Complete elimination of all chemical weapons material and equipment in the first half of 2014.
The Russian Federation and the United States will work together closely, including with the OPCW, the UN and Syrian parties to arrange for the security of the monitoring and destruction mission, noting the primary responsibility of the Syrian government in this regard.
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Tuesday, September 10, 2013

French draft resolution on chemical weapons in Syria

This is the French draft U.N. Security Council resolution on chemical weapons in Syria, obtained by Reuters UN bureau chief Louis Charbonneau on Tuesday, 9/10/2013. 
The Security Council
PP1. Expressing its horror at the use of chemical weapons on 21 August 2013 in Rif Damascus and the large scale fatalities that resulted from it,
PP2. Expressing profound concern at the risk of further use of chemical weapons by the Syrian authorities, considering the significant stockpiles of chemical weapons detained by the Syrian authorities,
PP3. Affirming that the use of chemical weapons constitutes a serious violation of international law,
PP4.Affirming that the use of chemical weapons on this scale marks the gravest escalation in the disproportionate, indiscriminate and systematic use of weapons by the Syrian authorities against its own people, and can constitute a war crime and a crime against humanity,
PP5.Recalling that Syria is party to the 1925 Geneva Protocol which prohibits the use in war of asphyxiating, poisonous or other gas, and of bacteriological methods of warfare,
PP6.Stressing that those responsible for attacks on civilians, and any attacks using chemical weapons, including attacks by forces under their control, must be held accountable,
PP7.Recalling resolution 1540 (1984) which affirms that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,
PP8.Determining that the situation in Syria constitutes a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the use of chemical weapons by the Syrian authorities on 21 August 2013 against the civilian population of Rif Damascus in violation of its obligations under international law;
2. Demands that these authorities strictly and urgently observe their obligations under international law with respect to chemical and biological weapons, in particular resolution 1540 (2004) and the 1925 Geneva Protocol
3. Demands the immediate cessation of the use of chemical weapons by the Syrian authorities;
4. Demands that the Syrian authorities fully comply with the Mission mandated by UNSG to investigate a number of allegations of use of chemical weapons in the Syrian Arab Republic, and ensure the security of the Mission,
5. Demands Syria to reaffirm unconditionally its obligation under the Geneva Protocol for the Prohibition of the Use in war of asphyxiating, poisonous or other gases, and of bacteriological methods of warfare, signed at Geneva on 17 June 1925, and to access the Convention on the Prohibition of Chemical Weapons and to ratify the Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological and toxin weapons and their destruction;
6. Decides that the Syrian authorities shall unconditionally destruct, remove or render harmless, under international supervision and take all necessary measures and appropriate means in that regard : (a) all chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities and (b) all means capable of delivering chemical weapons and related major parts, and repair and production facilities;
7. Demands that the Syrian authorities submit to the Secretary-General, within fifteen days of the adoption of the present resolution, an exhaustive, complete and definitive declaration of the locations, amount and types of all items related to its chemical warfare program specified in paragraph 6;
8. Decides that the Mission to investigate allegations of the use of chemical weapons in the Syrian Arab Republic, in close coordination with the Organisation for the prohibition of Chemical Weapons, will carry out immediate on-site inspections of Syria's chemical, biological and related vehicles, based on Syria's declaration and the designation of any additional locations by the Mission itself;
9. Decides that Syria shall allow immediate, unconditional and unrestricted access to any and all areas, facilities, equipment, records and means of transport which the Mission wishes to inspect in accordance with the mandate given by the present resolution, as well as to all officials and other persons linked to the Syrian chemical and biological weapons program including their means of delivery, and stresses the importance of ensuring that the Mission have all necessary resources and authority for the fulfillment of its work in Syria;
10. Demands the Syrian authorities to take all necessary steps and appropriate measures to ensure the proper custody of all chemical weapons, precursors and agents, and vehicles as mentioned in paragraph 6 pending their destruction, removal or rendering harmless, and to prevent their proliferation and dissemination;
11. Requests the Head of the Mission, in close coordination with the Director General of the OPCW to communicate to the Security Council, within [10 days] after the submission by the Syrian authorities referred to in OP6, his first report on the application of the mandate given by the present resolution including the cooperation extended by the Syrian authorities, and to provide additional reports on a monthly basis;
12. Decides that direct or indirect supply, sale or transfer to and from the Syrian Arab Republic, of chemical or biological weapons and related precursors, agent and materiel of all types, including technical assistance, training, financial or other assistance shall immediately be prohibited, and, in this context;
12. Calls upon all Member States to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Syria, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraphs 5 of this resolution;
13. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council, to undertake the following tasks: (a) to seek from all States, in particular those in the region and those producing the items, materials, equipment, goods and technology referred to in paragraph 5, and from the secretariat of the OPCW information regarding the actions taken by them to implement effectively the measures imposed by this resolution and whatever further information it may consider useful in this regard; (b) to examine and take appropriate action following information regarding alleged violations of measures imposed this resolution; (c) to consider and decide upon requests for exemptions; (d) to determine as may be necessary additional items, materials, equipment, goods and technology to be specified for the purpose of paragraph 5 above; (e) to designate as may be necessary individuals and entities subject to the measures imposed by paragraph 12 above; (f) to promulgate guidelines as may be necessary to facilitate the implementation of the measures imposed by this resolution and include in such guidelines a requirement on States to provide information where possible as to why any individuals and/or entities meet the criteria set out in paragraph 12 and any relevant identifying information; (g) to report at least every 90 days to the Security Council on its work and on the implementation of this resolution, with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by this resolution;
14. Decides to establish immediate travel ban and asset freeze against individuals responsible for any violations of this resolution as designated by the Committee of the Security Council,
15. Decides to refer the situation in Syria since March 2011 to the Prosecutor of the International Criminal Court,
16. Decides that all Member States shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and urges concerned regional and other international organisations, including the International Independent Commission of Inquiry, to cooperate fully with the Court and the Prosecutor;
17.Affirms that it shall keep the Syrian authorities' actions under continuous review, and stresses its intention, in the event of non-compliance by the Syrian authorities with the provisions of this resolution in light of the reports requested in OP10, to adopt further necessary measures under Chapter VII;
18. Decides to remain actively seized of the matter. 
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