Date: 5th July 2023
To read the statement in Arabic follow the Link please| البيان متوفر باللغة العربية عبر الرابط
Statement on the United Nations Independent Institution of Missing Persons in the Syria
On 23 June 2023, the United Nations General Assembly passed a significant resolution, A/77/L.79. The resolution decided to “establish, under the auspices of the United Nations, the Independent Institution on Missing Persons in the Syrian Arab Republic, to clarify the fate and whereabouts of all missing persons in the Syrian Arab Republic and to provide adequate support to victims, survivors and the families of those missing, in close cooperation and complementarity with all relevant actors.” The decision further requested “the Secretary-General, with the support of the Office of the United Nations High Commissioner for Human Rights, and in consultation with all other relevant actors, including with the full and meaningful participation of victims, survivors, and families, to develop, within 80 working days of the adoption of the present resolution, the terms of reference of the Independent Institution”.
In light of this momentous decision, and in alignment with the joint position paper of the Transitional Justice Coordination Group and various victims’ associations, including the participation of The Day After (TDA) on 18 July 2022, we wish to assert the following key points:
1- TDA firmly upholds the inherent right of families and relatives of the missing and forcibly disappeared persons in Syria to promptly and unconditionally learn about the whereabouts of their loved ones. It places utmost importance on this cause within its work and programs. Consequently, TDA welcomes the international community’s attention toward finding a fair, swift, and efficient resolution to this deeply distressing issue affecting hundreds of thousands of families and relatives of missing persons in Syria. TDA urges international actors and United Nations institutions to undertake more effective measures to achieve equitable, efficient, and expeditious solutions. These solutions should encompass the release of detainees, the disclosure of information regarding missing persons, and the provision of vital support to their families. In this context, TDA considers establishing the new institution a significant stride along this path of justice and support.
2- TDA extends its heartfelt appreciation to victims’ associations and the families of the missing and forcibly disappeared who courageously champion this just cause. Their tireless efforts have yielded significant progress, emphasizing the vital role of survivors and their families in advocating for justice in Syria as a whole and specifically in addressing the critical issue of determining the whereabouts of missing and forcibly disappeared individuals. In this context, TDA stresses the importance of continuing these efforts, devoting this role, and striving for the broadest possible inclusion of the associations of victims and families of the missing and forcibly disappeared, especially those inside Syria and in neighboring countries, in human rights work in general and in the structure and efforts of the new institution to be established. TDA is committed to contributing to these efforts actively.
3- As expected, the Syrian regime registered its dissent by voting against the decision to establish the institution. Its representative issued statements criticizing the resolution, alleging politicization. This predictable response underscores the need for the United Nations Secretary-General to address crucial aspects in the terms of reference of the institution. It is imperative to incorporate adequate safeguards to ensure its effectiveness and outline specific measures to overcome anticipated resistance from the regime and any other parties in terms of cooperation.
4- Building upon the earlier mentioned joint position paper, TDA reiterates the imperative of seamless integration between the new institution and other entities and mechanisms engaged in documenting human rights violations and holding perpetrators accountable. The rights to truth and accountability are timeless and cannot be disregarded due to statutory limitations or undermined by any amnesty measures.
5- TDA recognizes the pivotal role of collective Syrian human rights efforts and that the new institution is tasked with addressing the distressing issue affecting countless families of missing and forcibly disappeared individuals in Syria. In light of this, it strongly encourages victim associations, groups representing families of missing and forcibly disappeared persons, and Syrian human rights organizations to engage in meaningful consultations and collectively propose recommendations to the United Nations Secretary-General. These recommendations should be aimed at incorporating vital provisions within the independent institution’s terms of reference.
In closing, TDA reaffirms its unwavering dedication to stand alongside the families of the missing and forcibly disappeared persons in Syria and survivors of human rights violations. It remains steadfast in supporting their pivotal role in pursuing justice and fostering accountability throughout Syria.
