UN Security Council Resolution 2043

Export agreement:

Export agreement coding (PDF)

Country/entity: Syria
Region: Middle East and North Africa
Agreement name: UN Security Council Resolution 2043
Date: 21 Apr 2012
Agreement status: Unilateral document
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: Pre-negotiation/process
Conflict nature: Government
Peace process: Syrian peace process
Parties: United Nations Security Council
Third parties: -
Description: Agreement by UNSC to establish a UN Supervision Mission in Syria (UNSMIS), and set forth preliminary terms of its operation and mandate.

Agreement document: SY_120421_SCResolution2043(2012).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, 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 groups: Groups→Religious groups→Anti-discrimination
Page 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 persons: Groups→Refugees/displaced persons→Rhetorical
Page 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 general: Page 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

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 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;
Democracy: Page 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 communication: Rights related issues→Media and communication→Media logistics
Page 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/access: Page 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 institutions: Rights institutions→Regional or international human rights institutions→Monitoring calls
Page 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 funds: Page 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.
Ceasefire: Security sector→Ceasefire→General commitments
Page 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 forces: Page 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 forces: 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 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 signatory: Agreement in the form of a UNSC Resolution.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 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 mechanism: Page 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.
Source: University 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.