Final signed agreement for al-Waer

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Country/entity: Syria
Region: Middle East and North Africa
Agreement name: Final signed agreement for al-Waer
Date: 13 Mar 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
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: Intra-Syrian Process (state/non-state)
Parties: Representatives of al-Waer Neighbourhood
Representatives of the Security Committee in Homs Governorate
The Russian side
Third parties: -
Description: Final agreement of a long negotiation process for al-Waer neighbourhood in the city of Homs. The agreement provides for the renewal of a ceasefire, a settlement programme that includes DDR and an amnesty for defectors of the Syrian army. The agreement also organises the evacuation of opposition fighters under the supervision of the Russian army, and includes the lifting of checkpoints.

Agreement document: SY_170313_Final signed agreement for al-Waer_TR.pdf (opens in new tab) | Download PDF
Agreement document (original language): SY_170313_Final signed agreement for al-Waer.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: Groups→Racial/ethnic/national group→Anti-discrimination
Page 2,
10. No innocent person shall be arrested because of kinship.
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: Page 1,
2. Settlement process:
E – The status of employees and students will be settled by the authorities concerned with their affairs.

Page 2,
8. Reactivating the public facilities, starting with their preparation, opening the roads leading to them, and securing them by the Homs Governorate, in coordination with al-Waer neighbourhood committee.
9. A committee shall be formed to preserve the property and documents of the justice palace [the court] and hand it over to the Governor of Homs or his representative upon entering al-Waer neighbourhood.
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 2,
6. Opening the crossings:
A – The Mohandesin roundabout crossing will be opened in both directions (for pedestrians only) after the first batch of militants leave.
B – Food and goods normally enter after the first batch of militants have left.

7. The issue of ensuring the security of civilians in al-Waer neighbourhood is the responsibility of the general intelligence branch and the civil police in coordination with the Russian military police to preserve citizens’ property and secure crossings entry and exit for citizens (from and to) al-Waer neighbourhood. The Homs security committee ensures that no other party enters al-Waer neighbourhood.

8. Reactivating the public facilities, starting with their preparation, opening the roads leading to them, and securing them by the Homs Governorate, in coordination with al-Waer neighbourhood committee.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 2,
7. The issue of ensuring the security of civilians in al-Waer neighbourhood is the responsibility of the general intelligence branch and the civil police in coordination with the Russian military police to preserve citizens’ property and secure crossings entry and exit for citizens (from and to) al-Waer neighbourhood. The Homs security committee ensures that no other party enters al-Waer neighbourhood.
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→Infrastructure and reconstruction
Page 2,
8. Reactivating the public facilities, starting with their preparation, opening the roads leading to them, and securing them by the Homs Governorate, in coordination with al-Waer neighbourhood committee.
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: Page 1,
C – The Syrian forces and the Russian forces bear full responsibility for the safety of those leaving the neighbourhood.

Page 2,
7. The issue of ensuring the security of civilians in al-Waer neighbourhood is the responsibility of the general intelligence branch and the civil police in coordination with the Russian military police to preserve citizens’ property and secure crossings entry and exit for citizens (from and to) al-Waer neighbourhood. The Homs security committee ensures that no other party enters al-Waer neighbourhood.
Ceasefire: Security sector→Ceasefire→General commitments
1. Continuation of the cease-fire.
Police: Page 2,
5. The 7th Island and al-Waer orchards [two neighbourhoods in al-Waer] will be fully received simultaneously with the exit of the last batch of militants, with the participation of the Russian military police

Page 2,
7. The issue of ensuring the security of civilians in al-Waer neighbourhood is the responsibility of the general intelligence branch and the civil police in coordination with the Russian military police to preserve citizens’ property and secure crossings entry and exit for citizens (from and to) al-Waer neighbourhood. The Homs security committee ensures that no other party enters al-Waer neighbourhood.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1,
2. Settlement process:
A – Opening the settlement centre in the Criminal Security Branch in al-Waer neighbourhood and settling the situation (Those who wish) of militants and the rest of the wanted individuals, starting from 12 March 2017, over a period of (24) hours.
B – Every militant who performs the settlement process and does not handover his weapon pledges that he does not own any weapon, and if he is caught possessing a weapon, the settlement will be cancelled, and legal measures will be taken against him.
Intelligence services: Page 2,
7. The issue of ensuring the security of civilians in al-Waer neighbourhood is the responsibility of the general intelligence branch and the civil police in coordination with the Russian military police to preserve citizens’ property and secure crossings entry and exit for citizens (from and to) al-Waer neighbourhood. The Homs security committee ensures that no other party enters al-Waer neighbourhood.
Parastatal/rebel and opposition group forces: Page 1,
3. The process of exit from al-Waer neighbourhood
A – The departure of the first batch of militants is within seven days from the date of signing the agreement, with a number of (1500) people, provided that among them there are (400-500) militants.
B – The exit of the batch will continue on a weekly basis and in the same number until the end of the agreement.
C – The Syrian forces and the Russian forces bear full responsibility for the safety of those leaving the neighbourhood.
D – The exit process is organized to one of the following areas: (Jarablus - Idlib – the northern countryside of Homs).

Page 2,
5. The 7th Island and al-Waer orchards [two neighbourhoods in al-Waer] will be fully received simultaneously with the exit of the last batch of militants, with the participation of the Russian military police.

Page 2,
6. Opening the crossings:
A – The Mohandesin roundabout crossing will be opened in both directions (for pedestrians only) after the first batch of militants leave.
B – Food and goods normally enter after the first batch of militants have left.
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: Page 1,
A – Opening the settlement centre in the Criminal Security Branch in al-Waer neighbourhood and settling the situation (Those who wish) of militants and the rest of the wanted individuals, starting from 12 March 2017, over a period of (24) hours.

Page 2,
4. A general committee will be formed consisting of representatives (al-Waer neighbourhood committee – Homs' security committee – the Russian side) to supervise the implementation of the settlement and resolve violations.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Relief of other sanctions
Page 1,
F – The conditions of deserters from the Syrian Arab Army are dealt with by placing them in a temporary settlement centre, and they are not subject to any penalty related to their escape until their situation is resolved by returning them to conscription service
G – Those who fail to perform conscription service, or reserve service, are given six months to regularize their status.

Page 2,
10. No innocent person shall be arrested because of kinship.
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: Page 2:

The Russian side
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://eprints.lse.ac.uk/113751/1/LASA_four_towns.pdf

Agreement ((Homs - Al-Waer neighbourhood))

Terms of Agreement

Continuation of the cease-fire.

Settlement process:

A – Opening the settlement centre in the Criminal Security Branch in al-Waer neighbourhood and settling the situation (Those who wish) of militants and the rest of the wanted individuals, starting from 12 March 2017, over a period of (24) hours.

B – Every militant who performs the settlement process and does not handover his weapon pledges that he does not own any weapon, and if he is caught possessing a weapon, the settlement will be cancelled, and legal measures will be taken against him.

C – The settlement period will last for three months from the date of signing the agreement, and no one from al-Waer neighbourhood will be arrested during this period.

D- Each person who is part of the settlement shall be given a document proving that.

E – The status of employees and students will be settled by the authorities concerned with their affairs.

F – The conditions of deserters from the Syrian Arab Army are dealt with by placing them in a temporary settlement centre, and they are not subject to any penalty related to their escape until their situation is resolved by returning them to conscription service

G – Those who fail to perform conscription service, or reserve service, are given six months to regularize their status.

3. The process of exit from al-Waer neighbourhood

A – The departure of the first batch of militants is within seven days from the date of signing the agreement, with a number of (1500) people, provided that among them there are (400-500) militants.

B – The exit of the batch will continue on a weekly basis and in the same number until the end of the agreement.

C – The Syrian forces and the Russian forces bear full responsibility for the safety of those leaving the neighbourhood.

D – The exit process is organized to one of the following areas:

(Jarablus - Idlib – the northern countryside of Homs).

4. A general committee will be formed consisting of representatives (al-Waer neighbourhood committee – Homs' security committee – the Russian side) to supervise the implementation of the settlement and resolve violations.

5. The 7th Island and al-Waer orchards [two neighbourhoods in al-Waer] will be fully received simultaneously with the exit of the last batch of militants, with the participation of the Russian military police

6. Opening the crossings:

A – The Mohandesin roundabout crossing will be opened in both directions (for pedestrians only) after the first batch of militants leave.

B – Food and goods normally enter after the first batch of militants have left.

7. The issue of ensuring the security of civilians in al-Waer neighbourhood is the responsibility of the general intelligence branch and the civil police in coordination with the Russian military police to preserve citizens’ property and secure crossings entry and exit for citizens (from and to) al-Waer neighbourhood.

The Homs security committee ensures that no other party enters al-Waer neighbourhood.

8. Reactivating the public facilities, starting with their preparation, opening the roads leading to them, and securing them by the Homs Governorate, in coordination with al-Waer neighbourhood committee.

9. A committee shall be formed to preserve the property and documents of the justice palace [the court] and hand it over to the Governor of Homs or his representative upon entering al-Waer neighbourhood.

10. No innocent person shall be arrested because of kinship.

11. The period of implementation of the agreement is two months from the date of signing.

Homs, 13 March 2017

Representatives of al-Waer Neighbourhood

Representatives of the Security Committee in Homs Governorate

The Russian side