UN Security Council Resolution 2043
- Country/entitySyria
- RegionMiddle East and North Africa
- Agreement nameUN Security Council Resolution 2043
- Date21 Apr 2012
- Agreement statusUnilateral document
- Interim arrangementYes
- Agreement/conflict levelInterstate/intrastate conflict(s) ()
- StagePre-negotiation/process
- Conflict natureGovernment
- Peace processSyrian peace process
- PartiesUnited Nations Security Council
- Third parties-
- DescriptionAgreement by UNSC to establish a UN Supervision Mission in Syria (UNSMIS), and set forth preliminary terms of its operation and mandate.
- Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→Anti-discriminationPage 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
1. Reaffirms its full support for and calls for the urgent, comprehensive, and immediate implementation of all elements of the Envoy’s six-point proposal as annexed to resolution 2042 (2012) aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition leading to a democratic, plural political system, in which citizens are equal regardless of their affiliations, ethnicities or beliefs, including through commencing a comprehensive political dialogue between the Syrian government and the whole spectrum of the Syrian opposition; - Religious groupsGroups→Religious groups→Anti-discriminationPage 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
1. Reaffirms its full support for and calls for the urgent, comprehensive, and immediate implementation of all elements of the Envoy’s six-point proposal as annexed to resolution 2042 (2012) aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition leading to a democratic, plural political system, in which citizens are equal regardless of their affiliations, ethnicities or beliefs, including through commencing a comprehensive political dialogue between the Syrian government and the whole spectrum of the Syrian opposition; - Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→RhetoricalPage 1, untitled preamble, 4. Expressing its appreciation of the significant efforts that have been made by the States bordering Syria to assist Syrians who have fled across Syria’s borders as a consequence of the violence, and requesting UNHCR to provide assistance as requested by member states receiving these displaced persons,
- 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, untitled preamble, 3. Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter,
- 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 generalPage 1, untitled preamble, 4. Condemning the widespread violations of human rights by the Syrian authorities, as well as any human rights abuses by armed groups, recalling that those responsible shall be held accountable, and expressing its profound regret at the death of many thousands of people in Syria,
... 6. Expressing also its appreciation of the humanitarian assistance that has been provided to Syria by other States,
Page 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 11. Reiterates its call for the Syrian authorities to allow immediate, full and unimpeded access of humanitarian personnel to all populations in need of assistance, in accordance with international law and guiding principles of humanitarian assistance and calls upon all parties in Syria, in particular the Syrian authorities, to cooperate fully with the United Nations and relevant humanitarian organizations to facilitate the provision of humanitarian assistance; - 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
- CitizenshipRights related issues→Citizenship→Citizen, generalPage 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
1. Reaffirms its full support for and calls for the urgent, comprehensive, and immediate implementation of all elements of the Envoy’s six-point proposal as annexed to resolution 2042 (2012) aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition leading to a democratic, plural political system, in which citizens are equal regardless of their affiliations, ethnicities or beliefs, including through commencing a comprehensive political dialogue between the Syrian government and the whole spectrum of the Syrian opposition; - DemocracyPage 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
1. Reaffirms its full support for and calls for the urgent, comprehensive, and immediate implementation of all elements of the Envoy’s six-point proposal as annexed to resolution 2042 (2012) aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition leading to a democratic, plural political system, in which citizens are equal regardless of their affiliations, ethnicities or beliefs, including through commencing a comprehensive political dialogue between the Syrian government and the whole spectrum of the Syrian opposition; - Detention procedures
No specific mention.
- Media and communicationRights related issues→Media and communication→Media logisticsPage 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 8. Calls upon the Syrian government to ensure the effective operation of UNSMIS by: facilitating the expeditious and unhindered deployment of its personnel and capabilities as required to fulfil its mandate; ensuring its full, unimpeded, and immediate freedom of movement and access as necessary to fulfil its mandate, underlining in this regard the need for the Syrian government and the United Nations to agree rapidly on appropriate air transportation assets for UNSMIS; allowing its unobstructed communications; and allowing it to freely and privately communicate with individuals throughout Syria without retaliation against any person as a result of interaction with UNSMIS; - Mobility/accessPage 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 8. Calls upon the Syrian government to ensure the effective operation of UNSMIS by: facilitating the expeditious and unhindered deployment of its personnel and capabilities as required to fulfil its mandate; ensuring its full, unimpeded, and immediate freedom of movement and access as necessary to fulfil its mandate, underlining in this regard the need for the Syrian government and the United Nations to agree rapidly on appropriate air transportation assets for UNSMIS; allowing its unobstructed communications; and allowing it to freely and privately communicate with individuals throughout Syria without retaliation against any person as a result of interaction with UNSMIS;
... 11. Reiterates its call for the Syrian authorities to allow immediate, full and unimpeded access of humanitarian personnel to all populations in need of assistance, in accordance with international law and guiding principles of humanitarian assistance and calls upon all parties in Syria, in particular the Syrian authorities, to cooperate fully with the United Nations and relevant humanitarian organizations to facilitate the provision of humanitarian assistance; - Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutionsRights institutions→Regional or international human rights institutions→Monitoring callsPage 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 7. Requests that the Secretary-General and the Syrian government without delay conclude a Status of Mission Agreement (SOMA), taking into consideration General Assembly resolution 58/82 on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel, and notes the agreement between the Syrian government and the United Nations that, pending the conclusion of such an agreement, the model SOFA agreement of 9 October 1990 (A/45/594) shall apply provisionally;
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 fundsPage 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 12. Invites all Member States to consider making appropriate contributions to UNSMIS as requested by the Secretary-General; - 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.
- CeasefireSecurity sector→Ceasefire→General commitmentsPage 1, untitled preamble,
... 7. (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, and (c) begin pullback of military concentrations in and around population centres, and to implement these in their entirety by no later than 10 April 2012, and noting also the Syrian opposition’s expressed commitment to respect the cessation of violence, provided the government does so,
Page 2, untitled Preamble,
8. Expressing concern over ongoing violence and reports of casualties which have escalated again in recent days, following the Envoy’s assessment of 12 April 2012 that the parties appeared to be observing a cessation of fire and that the Syrian government had started to implement its commitments, and noting that the cessation of armed violence in all its forms is therefore clearly incomplete,
9. Supporting the Envoy’s call for an immediate and visible implementation by the Syrian government of all elements of the Envoy’s six-point proposal in their entirety to achieve a sustained cessation of armed violence in all its forms by all parties,
10. Taking note of the assessment by the Secretary-General that a United Nations monitoring mission deployed quickly when the conditions are conducive with a clear mandate, the requisite capacities, and the appropriate conditions of operation would greatly contribute to observing and upholding the commitment of the parties to a cessation of armed violence in all its forms and to supporting the implementation of the six-point plan,
Page 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 2. Calls upon the Syrian government to implement visibly its commitments in their entirety, as it agreed to do in the Preliminary Understanding and as stipulated in resolution 2042 (2012), to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, (c) complete pullback of military concentrations in and around population centres, as well as to withdraw its troops and heavy weapons from population centres to their barracks or temporary deployment places to facilitate a sustained cessation of violence;
Page 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 3. Calls upon all parties in Syria, including the opposition, immediately to cease all armed violence in all its forms;
Page 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 6. Decides also that the mandate of the Mission shall be to monitor a cessation of armed violence in all its forms by all parties and to monitor and support the full implementation of the Envoy’s six-point proposal; - Police
No specific mention.
- Armed forcesPage 1, untitled preamble,
... 7. (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, and (c) begin pullback of military concentrations in and around population centres, and to implement these in their entirety by no later than 10 April 2012, and noting also the Syrian opposition’s expressed commitment to respect the cessation of violence, provided the government does so,
Page 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 2. Calls upon the Syrian government to implement visibly its commitments in their entirety, as it agreed to do in the Preliminary Understanding and as stipulated in resolution 2042 (2012), to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, (c) complete pullback of military concentrations in and around population centres, as well as to withdraw its troops and heavy weapons from population centres to their barracks or temporary deployment places to facilitate a sustained cessation of violence;
Page 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 3. Calls upon all parties in Syria, including the opposition, immediately to cease all armed violence in all its forms; - DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 3. Calls upon all parties in Syria, including the opposition, immediately to cease all armed violence in all its forms;
Page 2, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 4. Calls upon the Syrian armed opposition groups and relevant elements to respect relevant provisions of the Preliminary Understanding; - 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 signatoryAgreement in the form of a UNSC Resolution.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similarPage 2, untitled preamble, 11. Taking note of the assessment by the Secretary-General that a United Nations monitoring mission deployed quickly when the conditions are conducive with a clear mandate, the requisite capacities, and the appropriate conditions of operation would greatly contribute to observing and upholding the commitment of the parties to a cessation of armed violence in all its forms and to supporting the
implementation of the six-point plan,
Page 2-3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 5. Decides to establish for an initial period of 90 days a United Nations Supervision Mission in Syria (UNSMIS) under the command of a Chief Military Observer, comprising an initial deployment of up to 300 unarmed military observers as well as an appropriate civilian component as required by the Mission to fulfil its mandate, and decides further that the Mission shall be deployed expeditiously subject to assessment by the Secretary-General of relevant developments on the ground, including the consolidation of the cessation of violence;
Page 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 6. Decides also that the mandate of the Mission shall be to monitor a cessation of armed violence in all its forms by all parties and to monitor and support the full implementation of the Envoy’s six-point proposal;
Page 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 10. Requests the Secretary-General to report immediately to the Security Council any obstructions to the effective operation of UNSMIS by any party; - Enforcement mechanismPage 3, 13. Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
... 13. Requests the Secretary-General to report to the Council on the implementation of this resolution within 15 days of its adoption and every 15 days thereafter, and also to submit, as necessary, to the Council proposals for possible adjustments to the UNSMIS mandate; - Related cases
No specific mention.
- SourceUniversity of Cambridge - http://www.lcil.cam.ac.uk/sites/default/files/LCIL/documents/arabspring/syria/Syria_117_UNSC_Resolution_2043.pdf
Resolution 2043 (2012)
Adopted by the Security Council at its 6756th meeting, on 21 April 2012
The Security Council,
Recalling its Resolution 2042 (2012), as well as its Presidential Statements of 3 August 2011, 21 March 2012 and 5 April 2012, and also recalling all relevant resolutions of the General Assembly,
Reaffirming its support to the Joint Special Envoy for the United Nations and the League of Arab States, Kofi Annan, and his work, following General Assembly resolution A/RES/66/253 of 16 February 2012 and relevant resolutions of the League of Arab States,
Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter,
Condemning the widespread violations of human rights by the Syrian authorities, as well as any human rights abuses by armed groups, recalling that those responsible shall be held accountable, and expressing its profound regret at the death of many thousands of people in Syria,
Expressing its appreciation of the significant efforts that have been made by the States bordering Syria to assist Syrians who have fled across Syria’s borders as a consequence of the violence, and requesting UNHCR to provide assistance as requested by member states receiving these displaced persons,
Expressing also its appreciation of the humanitarian assistance that has been provided to Syria by other States,
Noting the Syrian government’s commitment on 25 March 2012 to implement the six-point proposal of the Joint Special Envoy of the United Nations and the League of Arab States, and to implement urgently and visibly its commitments, as it agreed to do in its communication to the Envoy of 1 April 2012, to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, and (c) begin pullback of military concentrations in and around population centres, and to implement these in their entirety by no later than 10 April 2012, and noting also the Syrian opposition’s expressed commitment to respect the cessation of violence, provided the government does so,
Expressing concern over ongoing violence and reports of casualties which have escalated again in recent days, following the Envoy’s assessment of 12 April 2012 that the parties appeared to be observing a cessation of fire and that the Syrian government had started to implement its commitments, and noting that the cessation of armed violence in all its forms is therefore clearly incomplete,
Supporting the Envoy’s call for an immediate and visible implementation by the Syrian government of all elements of the Envoy’s six-point proposal in their entirety to achieve a sustained cessation of armed violence in all its forms by all parties,
Taking note of the assessment by the Secretary-General that a United Nations monitoring mission deployed quickly when the conditions are conducive with a clear mandate, the requisite capacities, and the appropriate conditions of operation would greatly contribute to observing and upholding the commitment of the parties to a cessation of armed violence in all its forms and to supporting the implementation of the six-point plan,
Noting the 19 April 2012 Preliminary Understanding (S/2012/250) agreed between the Syrian Arab Republic and the United Nations which provides a basis for a protocol governing the Advance Team and, upon its deployment, the UN supervision mechanism,
Having considered the Secretary-General’s letter addressed to the President of Security Council(S/2012/238),
1. Reaffirms its full support for and calls for the urgent, comprehensive, and immediate implementation of all elements of the Envoy’s six-point proposal as annexed to resolution 2042 (2012) aimed at bringing an immediate end to all violence and human rights violations, securing humanitarian access and facilitating a Syrian-led political transition leading to a democratic, plural political system, in which citizens are equal regardless of their affiliations, ethnicities or beliefs, including through commencing a comprehensive political dialogue between the Syrian government and the whole spectrum of the Syrian opposition;
2. Calls upon the Syrian government to implement visibly its commitments in their entirety, as it agreed to do in the Preliminary Understanding and as stipulated in resolution 2042 (2012), to (a) cease troop movements towards population centres, (b) cease all use of heavy weapons in such centres, (c) complete pullback of military concentrations in and around population centres, as well as to withdraw its troops and heavy weapons from population centres to their barracks or temporary deployment places to facilitate a sustained cessation of violence;
3. Calls upon all parties in Syria, including the opposition, immediately to cease all armed violence in all its forms;
4. Calls upon the Syrian armed opposition groups and relevant elements to respect relevant provisions of the Preliminary Understanding;
5. Decides to establish for an initial period of 90 days a United Nations Supervision Mission in Syria (UNSMIS) under the command of a Chief Military Observer, comprising an initial deployment of up to 300 unarmed military observers as well as an appropriate civilian component as required by the Mission to fulfil its mandate, and decides further that the Mission shall be deployed expeditiously subject to assessment by the Secretary-General of relevant developments on the ground, including the consolidation of the cessation of violence;
6. Decides also that the mandate of the Mission shall be to monitor a cessation of armed violence in all its forms by all parties and to monitor and support the full implementation of the Envoy’s six-point proposal;
7. Requests that the Secretary-General and the Syrian government without delay conclude a Status of Mission Agreement (SOMA), taking into consideration General Assembly resolution 58/82 on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel, and notes the agreement between the Syrian government and the United Nations that, pending the conclusion of such an agreement, the model SOFA agreement of 9 October 1990 (A/45/594) shall apply provisionally;
8. Calls upon the Syrian government to ensure the effective operation of UNSMIS by:
facilitating the expeditious and unhindered deployment of its personnel and capabilities as required to fulfil its mandate;
ensuring its full, unimpeded, and immediate freedom of movement and access as necessary to fulfil its mandate, underlining in this regard the need for the Syrian government and the United Nations to agree rapidly on appropriate air transportation assets for UNSMIS;
allowing its unobstructed communications;
and allowing it to freely and privately communicate with individuals throughout Syria without retaliation against any person as a result of interaction with UNSMIS;
9. Calls upon the parties to guarantee the safety of UNSMIS personnel without prejudice to its freedom of movement and access, and stresses that the primary responsibility in this regard lies with the Syrian authorities;
10. Requests the Secretary-General to report immediately to the Security Council any obstructions to the effective operation of UNSMIS by any party;
11. Reiterates its call for the Syrian authorities to allow immediate, full and unimpeded access of humanitarian personnel to all populations in need of assistance, in accordance with international law and guiding principles of humanitarian assistance and calls upon all parties in Syria, in particular the Syrian authorities, to cooperate fully with the United Nations and relevant humanitarian organizations to facilitate the provision of humanitarian assistance;
12. Invites all Member States to consider making appropriate contributions to UNSMIS as requested by the Secretary-General;
13. Requests the Secretary-General to report to the Council on the implementation of this resolution within 15 days of its adoption and every 15 days thereafter, and also to submit, as necessary, to the Council proposals for possible adjustments to the UNSMIS mandate;
14. Expresses its intention to assess the implementation of this resolution and to consider further steps as appropriate;
15. Decides to remain seized of the matter.