Agreement on the Mechanism to Record Violations of the Ceasefire regime declared in Syria that will take effect on 30 December 2016, and on the Regime for Applying Sanctions to Violators

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Country/entity: Syria
Region: Middle East and North Africa
Agreement name: Agreement on the Mechanism to Record Violations of the Ceasefire regime declared in Syria that will take effect on 30 December 2016, and on the Regime for Applying Sanctions to Violators
Date: 29 Dec 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Syrian Conflicts (1948 - ) (1976 - 2005) (2011 - )
The agreements relate to three different conflict contexts. Israel-Syria and Syria-Lebanon. The Syrian-Israeli conflict was a key factor for the Syrian intervention during the Lebanese Civil War, with Syrian-backed Palestinian Liberation Army units intervened in 1976 against the Palestinian/Leftist militias. Following a massacre at Tel al-Zaatar that year, Syria was forced to accept a ceasefire at a meeting of the Arab League. However, the Arab League also mandated an Arab Deterrence Force, consisting of mostly Syrian soldiers with token contributions from other Arab League states, thus further legitimizing the Syrian presence in Lebanon. During a second bout of fighting that began in 1989, caused by the formation of rival Lebanese regimes in East and West Beirut, the Syrian-backed regime won and in 1991 the ‘Treaty of Brotherhood, Cooperation and Coordination’ was signed to legalize the Syrian occupation as a means to ensure the security of Syria. Syrian forces were forced to withdraw in 2005 following possible involvement in the assassination of Lebanon’s President Hariri.

Syria-internal. In 2011, domestic upheaval following a wave of protests across the Arab World soon led to violent repression of protestors by Syrian government troops. The violence progressed steadily and by July 2011 the Free Syrian Army (FSA) was formed consisting of defected military units and new recruits. The FSA and rebel umbrella group known as the Syrian National Council represented the first attempt at coordinating rebel factions in late 2011. However, a steady influx of foreign fighters and increased sectarianism radicalised opposition groups, which relied on foreign funding. The nature of the conflict changed drastically in late 2013 as infighting among the opposition groups increased. One of the more significant developments was the split between the al-Qaeda outfits the Islamic State in Iraq and the Levant (ISIL, ISIS), and Jabhat al-Nusra in early 2014 in addition to the intensified targeting of other rebel factions by ISIS fighters in particular, including the Kurdish Peshmerga, the FSA and other jihadist outfits. Since the summer of 2014, the conflict was further internationalized when ISIS announced the formation of an Islamic state eroding the state line between Iraq and Syria and also in mid-2015 when Russian forces intervened on behalf of the Bashar al-Assad government in Damascus.
Stage: Ceasefire/related
Conflict nature: Government
Peace process: Syrian peace process
Parties: Russia;
Turkey
Third parties: -
Description: Agreement is a ceasefire implementation agreement by the guarantors of the Ceasefire, Russia and Turkey. It provides for the establishment of a joint committee, offices (physical) and the creation of checkpoints on the contact line to monitor ceasefire arrangements.

Agreement document: SY_161229_Agreement on the mechanism to record violations of the ceasefire.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, 2. The Joint Commission:
(a) Shall administer the activities of checkpoints to monitor compliance with the ceasefire regime by parties to the Syrian crisis (hereinafter — the Parties);

Page 1, Article 2. Checkpoints
1. With a view to recording violations by the Parties to the ceasefire regime, the Guarantors shall establish checkpoints in residential areas in the vicinity of the actual line of contact among the Parties in order to guarantee compliance with the ceasefire regime by the Parties.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
[Summary] Agreement is a ceasefire implementation agreement.
Security sector→Ceasefire→General commitments
Page 2, Article 4. Final Provisions
1. This Agreement is concluded for the duration of the ceasefire regime.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Agreement is a ceasefire implementation agreement by the guarantors of the Ceasefire, Russia and Turkey. It provides for the establishment of a joint committee, offices (physical) and the creation of checkpoints on the contact line to monitor ceasefire arrangements.
Enforcement mechanism: Page 1, Have agreed as follows: Article 1. Joint Commission
1. The Guarantors shall establish a Joint Commission that shall serve as the main body to consider all complaints and issues related to violations of the ceasefire regime.

Page 1, 2. The Joint Commission:
(a) Shall administer the activities of checkpoints to monitor compliance with the ceasefire regime by parties to the Syrian crisis (hereinafter — the Parties);
(b) Shall submit proposals to the Parties to hold to account persons guilty of violating the ceasefire regime, and shall also submit proposals to the Guarantors on imposing sanctions on violating parties.
3. Russian and Turkish offices of the Joint Commission shall be located in Moscow and Ankara respectively.
The Guarantors shall establish a direct communication channel between the offices.

Page 1, Article 2. Checkpoints
1. With a view to recording violations by the Parties to the ceasefire regime, the Guarantors shall establish checkpoints in residential areas in the vicinity of the actual line of contact among the Parties in order to guarantee compliance with the ceasefire regime by the Parties.

Page 1-2, Article 3. Imposition of sanctions on violating Parties
1. The Guarantors shall undertake all possible measures to resolve differences among the Parties on compliance with the ceasefire regime and the resolution of conflicts among them.
2. Should the Parties fail to reach agreement, the Joint Commission shall send to the violating Party a demand to cease the violations and to take measures to compensate the affected Party for harm
inflicted on its population and infrastructure. If the demand is not complied with, the Guarantors shall apply enforcement measures to the violating Party.
Related cases: No specific mention.
Source: Annex III to the letter dated 29 December 2016 from the Permanent Representative of the Russian Federation to the United Nations and the Chargé d’affaires a.i. of the Permanent Mission of Turkey to the United Nations addressed to the Secretary-General and the President of the Security Council
http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3- CF6E4FF96FF9%7D/s_2016_1133.pdf

Agreement on the mechanism to record violations of the ceasefire regime declared in Syria that will take effect on 30 December 2016, and on the regime for applying sanctions to violators

The Russian Federation and the Republic of Turkey,

Assuming obligations as Guarantors (in the parts designated to each) of the ceasefire regime in Syria that will take effect on 30 December 2016;

Bearing in mind that Syrian armed opposition groups (hereinafter — the Opposition) and the Government of Syria consent to the drafting and adoption of a separate document — an Agreement on the mechanism to record violations of the ceasefire regime declared in Syria that will take effect on December 2016 and on the regime for applying sanctions against violators;

Have agreed as follows:

Article 1.

Joint Commission

1. The Guarantors shall establish a Joint Commission that shall serve as the main body to consider all complaints and issues related to violations of the ceasefire regime.

2. The Joint Commission:

(a) Shall administer the activities of checkpoints to monitor compliance with the ceasefire regime by parties to the Syrian crisis (hereinafter — the Parties);

(b) Shall submit proposals to the Parties to hold to account persons guilty of violating the ceasefire regime, and shall also submit proposals to the Guarantors on imposing sanctions on violating parties.

3. Russian and Turkish offices of the Joint Commission shall be located in Moscow and Ankara respectively.

The Guarantors shall establish a direct communication channel between the offices.

Article 2.

Checkpoints

1. With a view to recording violations by the Parties to the ceasefire regime, the Guarantors shall establish checkpoints in residential areas in the vicinity of the actual line of contact among the Parties in order to guarantee compliance with the ceasefire regime by the Parties.

Article 3.

Imposition of sanctions on violating Parties

1. The Guarantors shall undertake all possible measures to resolve differences among the Parties on compliance with the ceasefire regime and the resolution of conflicts among them.

2. Should the Parties fail to reach agreement, the Joint Commission shall send to the violating Party a demand to cease the violations and to take measures to compensate the affected Party for harm inflicted on its population and infrastructure.

If the demand is not complied with, the Guarantors shall apply enforcement measures to the violating Party.

Article 4.

Final Provisions

1. This Agreement is concluded for the duration of the ceasefire regime.

2. The Guarantors agree to draft and sign thereafter an expanded version of this Agreement that will elaborate on its provisions.

3. Done at Ankara on 29 December 2016 in three copies, having equal legal force, each in the Russian, Turkish and Arabic languages.