Memorandum on the Creation of De-escalation areas in the Syrian Arab Republic

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Country/entity: Syria
Region: Middle East and North Africa
Agreement name: Memorandum on the Creation of De-escalation areas in the Syrian Arab Republic
Date: 4 May 2017
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: Islamic Republic of Iran;
Russian Federation;
Republic of Turkey;
Third parties: -
Description: Agreement provides for de-escalation zones in parts of Idlib, Hms, Ghouta and Deraa and al-Quneitra to last for an initial 6 months. The escalation zones shall provide for humanitarian access, basic infrastructure restoral and refugee return.Zones will include checkpoints and observation posts.

Agreement document: SY_170504_Memorandum on the creation of de-escalation areas.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: Groups→Refugees/displaced persons→Rhetorical
2. Within the lines of the de-escalation areas:
... —conditions for the safe and voluntary return of refugees and internally displaced persons shall be created.
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): Page 1, reaffirming their strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic;
State configuration: Page 1, reaffirming their strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic;
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: No specific mention.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, 2. Within the lines of the de-escalation areas:
—rapid, safe and unhindered humanitarian access shall be provided;
—conditions to deliver medical aid to local population and to meet basic needs of civilians shall be created;

Page 2, 4. The security zones shall include:
- Checkpoints to ensure unhindered movement of unarmed civilians and delivery of humanitarian assistance as well as to facilitate economic activities;
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, 2. Within the lines of the de-escalation areas:
... —measures to restore basic infrastructure facilities, starting with water supply and electricity distribution networks, shall be taken;
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: Page 2, 2. Within the lines of the de-escalation areas:
... —measures to restore basic infrastructure facilities, starting with water supply and electricity distribution networks, shall be taken;

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1.the following de-escalation areas shall be created with the aim to put a prompt end to violence, improve the humanitarian situation and create favorable conditions to advance political settlement of the conflict in the Syrian Arab Republic:
— Idlib province and certain parts of the neighbouring provinces (Latakia, Hama and Aleppo provinces);
—certain parts in the north of Homs province;
—in eastern Ghouta;
—certain parts of southern Syria (Deraa and Al-Quneitra provinces).
The creation of the de-escalation areas and security zones is a temporary measure, the duration of which will initially be 6 months and will be automatically extended on the basis of consensus of the Guarantors.

Page 1-2, 2. Within the lines of the de-escalation areas:
—hostilities between the conflicting parties (the government of the Syrian Arab Republic and the armed opposition groups that have joined and will join the ceasefire regime) with the use of any kinds of weapons, including aerial assets, shall be ceased;
—rapid, safe and unhindered humanitarian access shall be provided;
—conditions to deliver medical aid to local population and to meet basic needs of civilians shall be created;
—measures to restore basic infrastructure facilities, starting with water supply and electricity distribution networks, shall be taken;
—conditions for the safe and voluntary return of refugees and internally displaced persons shall be created.

Page 2, 3. Along the lines of the de-escalation areas, security zones shall be established in order to prevent incidents and military confrontations between the conflicting parties.

Page 2, 4. The security zones shall include:
- Checkpoints to ensure unhindered movement of unarmed civilians and delivery of humanitarian assistance as well as to facilitate economic activities;
- Observation posts to ensure compliance with the provisions of the ceasefire regime.
The functioning of the checkpoints and observation posts as well as the administration of the security zones shall be ensured by the forces of the Guarantors by consensus. Third parties might be deployed, if necessary, by consensus of the Guarantors.

Page 3, The present Memorandum enters into force the next day after its signing.
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: Page 2, 5. The Guarantors shall:
... —take all necessary measures to continue the fight against DAESH/ISIL, Nusra Front and all other individuals, groups, undertakings and entities associated with Al-Qaeda or DAESH/ISIL as designated by the UN Security Council within and outside the de-escalation areas;

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: Islamic Republic of Iran;
Russian Federation;
Republic of Turkey;
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 5. The Guarantors shall:
—take all necessary measures to ensure the fulfillment by the conflicting parties of the ceasefire regime;
—take all necessary measures to continue the fight against DAESH/ISIL, Nusra Front and all other individuals, groups, undertakings and entities associated with Al-Qaeda or DAESH/ISIL as designated by the UN Security Council within and outside the de-escalation areas;
—continue efforts to include in the ceasefire regime armed opposition groups that have not yet joined the ceasefire regime.

Page 2, 6. The Guarantors shall in 2 weeks after signing the Memorandum form a Joint working group on de- escalation (hereinafter referred to as the “Joint Working Group”) composed of their authorized representatives in order to delineate the lines of the de-escalation areas and security zones as well as to resolve other operational and technical issues related to the implementation of the Memorandum.
The Guarantors shall take steps to complete by 4 June 2017 the preparation of the maps of the de- escalation areas and security zones and to separate the armed opposition groups from the terrorist groups mentioned in para.5 of the Memorandum.

Page 3, The Joint Working Group shall prepare by the above-mentioned date the maps of the de-escalation areas and security zones to be agreed by consensus of the Guarantors as well as the draft Regulation of the Joint Working Group.
The Joint Working Group shall report on its activities to the high-level international meetings on Syria held in Astana.
Related cases: No specific mention.
Source: Ministry of Foreign Affairs, Russia http://www.mid.ru/en/foreign_policy/news/- /asset_publisher/cKNonkJE02Bw/content/id/2746041

Memorandum on the creation of de-escalation areas in the Syrian Arab Republic

The Islamic Republic of Iran, the Russian Federation and the Republic of Turkey as guarantors of the observance of the ceasefire regime in the Syrian Arab Republic (hereinafter referred to as “Guarantors”):

—guided by the provisions of UNSC resolution 2254 (2015);

—reaffirming their strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic;

—expressing their determination to decrease the level of military tensions and to provide for the security of civilians in the Syrian Arab Republic,

have agreed on the following.

1.the following de-escalation areas shall be created with the aim to put a prompt end to violence, improve the humanitarian situation and create favorable conditions to advance political settlement of the conflict in the Syrian Arab Republic:

— Idlib province and certain parts of the neighbouring provinces (Latakia, Hama and Aleppo provinces);

—certain parts in the north of Homs province;

—in eastern Ghouta;

—certain parts of southern Syria (Deraa and Al-Quneitra provinces).

The creation of the de-escalation areas and security zones is a temporary measure, the duration of which will initially be 6 months and will be automatically extended on the basis of consensus of the Guarantors.

2. Within the lines of the de-escalation areas:

—hostilities between the conflicting parties (the government of the Syrian Arab Republic and the armed opposition groups that have joined and will join the ceasefire regime) with the use of any kinds of weapons, including aerial assets, shall be ceased;

—rapid, safe and unhindered humanitarian access shall be provided;

—conditions to deliver medical aid to local population and to meet basic needs of civilians shall be created;

—measures to restore basic infrastructure facilities, starting with water supply and electricity distribution networks, shall be taken;

—conditions for the safe and voluntary return of refugees and internally displaced persons shall be created.

3. Along the lines of the de-escalation areas, security zones shall be established in order to prevent incidents and military confrontations between the conflicting parties.

4. The security zones shall include:

- Checkpoints to ensure unhindered movement of unarmed civilians and delivery of humanitarian assistance as well as to facilitate economic activities;

- Observation posts to ensure compliance with the provisions of the ceasefire regime.

The functioning of the checkpoints and observation posts as well as the administration of the security zones shall be ensured by the forces of the Guarantors by consensus.

Third parties might be deployed, if necessary, by consensus of the Guarantors.

5. The Guarantors shall:

—take all necessary measures to ensure the fulfillment by the conflicting parties of the ceasefire regime;

—take all necessary measures to continue the fight against DAESH/ISIL, Nusra Front and all other individuals, groups, undertakings and entities associated with Al-Qaeda or DAESH/ISIL as designated by the UN Security Council within and outside the de-escalation areas;

—continue efforts to include in the ceasefire regime armed opposition groups that have not yet joined the ceasefire regime.

6. The Guarantors shall in 2 weeks after signing the Memorandum form a Joint working group on de-escalation (hereinafter referred to as the “Joint Working Group”) composed of their authorized representatives in order to delineate the lines of the de-escalation areas and security zones as well as to resolve other operational and technical issues related to the implementation of the Memorandum.

The Guarantors shall take steps to complete by 4 June 2017 the preparation of the maps of the de-escalation areas and security zones and to separate the armed opposition groups from the terrorist groups mentioned in para.5 of the Memorandum.

The Joint Working Group shall prepare by the above-mentioned date the maps of the de-escalation areas and security zones to be agreed by consensus of the Guarantors as well as the draft Regulation of the Joint Working Group.

The Joint Working Group shall report on its activities to the high-level international meetings on Syria held in Astana.

The present Memorandum enters into force the next day after its signing.

Done in Astana, 4 May 2017 in three copies in English, having equal legal force.

Signatures

Islamic Republic of Iran

Russian Federation

Republic of Turkey