Syria

Summary of Conclusions

1. Rising sea levels and increasing climate change inertia pose a major threat to the SAR’s citizens and continued stability. The SAR is not prepared for the effects of climate change and a climate breakdown is imminent. Urgent action is needed to forestall immediate and future harm to the SAR’s citizens in light of the imminent climate breakdown.

2. Throughout the civil war, SAR forces have reportedly committed human rights violations and potential war crimes. The SAR must prioritize reconstruction and humanitarian aid without discriminating in its distribution, and the SAR must refrain from unlawful use of force, torture, detention, or other infringements on human rights. The SAR should investigate allegations of human rights violations and prosecute such violations.

3. Political viewpoints are censored in the SAR, and political repression is common. Immediate action is needed to address the opaqueness surrounding the political process.

4. Women are subjected to legal and societal inequalities, and official mechanisms to protect women’s rights are lacking. Domestic and sexual violence are commonplace, and forced marriages are used to weaken women’s social standing. The SAR must take greater efforts to protect its women from these violations, and encourage social reform and education that prioritizes women’s issues.

5. However, the SAR should be congratulated for its human-rights successes since its last UPR, such as its new reconstruction laws. JAI urges the SAR to continue this success into the future.

Analysis

Climate Change

6. On account of the civil war, the SAR is particularly vulnerable to the negative impacts of climate change, which have the potential to threaten human rights (such as the right to life). The people most vulnerable to climate change will be those with the least ability to respond. Indeed, as of 2019, the SAR encompasses 17 million people,[1] of which almost 90 percent live in poverty.[2]

7. Climate change will have dramatic negative effects on the SAR’s water resources. Some regions will experience long-term drying trends, resulting in less precipitation, lower groundwater levels, and declining vegetation levels. Rivers will also decrease due to reductions in precipitation and mountain snow—increasing dependence on decreasing groundwater and rainwater. Multi-year droughts, such as the drought preceding the civil war, are now two to three times more likely.[3]

8. There is widespread reliance on agriculture in the SAR. Most crops in the SAR are rain-fed, while many others rely on groundwater and river runoff. These crops constitute about 32 percent of its land use,[4] and around 75 percent of rural households grow food for their own consumption.[5] As a result, increased droughts, reduced mountain runoff, and diminished precipitation will negatively impact much of the SAR’s land and the subsistence farmers relying on domestic water.

9. In 2017, agriculture composed over a quarter of the SAR’s gross domestic product and provided subsistence for 6.7 million rural Syrians, creating the potential for climate change to threaten millions of livelihoods.[6] Rising sea levels will likely cause greater flooding and erosion of the SAR’s coastal plains, where 11 percent of the population resides, and where 12 percent of the SAR’s GDP is generated.[7] These coastal regions contain some of the only sustainable groundwater aquifers in the country; thus, rising sea levels and salt-water contamination of these aquifers may have an outsized impact on food security and economic well being.

10. As of 2020, more than nine million Syrians are considered food insecure, raising fears of hunger and undernourishment that climate change will likely exacerbate.[8] Food prices in the SAR have also soared by an average of 38 percent; as of 2017, 90 percent of SAR households spend over half of their income on food,[9] and it is possible that climate change’s effects on agriculture will have similar negative effects.

11. Disease incidence is also likely to increase. Recent droughts have increased rodent populations, and the risk of leishmaniasis and malaria may re-emerge as floods and stagnant water become more prevalent.[10] Spikes in waterborne diseases, like diarrhea and typhoid, have already been observed in regions with subpar water access and quality—making future disease spikes exacerbated by climate change all the more possible.

Recommendations

12. The breakdown and collapse of Earth’s climate system is imminent and may have already commenced. The SAR must take appropriate steps to address climate change, including (i) reducing its emissions contributing to warming, (ii) implementing educational measures on climate change’s cascades of effects, and (iii) adapting to a hotter, more inhospitable Earth.

13. The SAR must take an aggressively proactive stance regarding the likely intensification of its droughts, rising sea levels, and desertification of arable land. If left unaddressed, future displacement, migration, and general unrest of Syrians is likely and even imminent.

Civil War

14. As of 2020, the Syrian conflict has taken a massive toll, with nearly 6.6 million refugees leaving Syria and another 6.2 million internally displaced.[11] An estimated 227,749 civilians have been killed, and a further 250,000 combatants have died on all sides.[12] The crisis has cost the SAR 324.5 billion USD, and the total physical destruction is estimated at 117.7 billion USD.[13]

15. The use of chemical and other unlawful weapons has allegedly been prevalent. Between 2013 and 2018, Human Rights Watch and other organizations confirmed at least 85 chemical weapons attacks, with the majority allegedly committed by SAR government forces.[14] We note that the SAR denies any use of chemical weapons.[15]

16. Many sides to this conflict, including the SAR government, have used indiscriminate force against civilians. From the start of the conflict through 2020, there have been over 595 attacks on health facilities, with 90 percent of these attacks attributed to the SAR and its allies.[16] These attacks appear intentional.[17]

17. To the SAR’s credit, the government has passed laws to facilitate reconstruction.[18] However, implementation of these laws is not uniform. In Qaboun and Darayya, the government restricted access for civilian residents returning to their homes, and unlawfully demolished private homes without providing compensation or notice.[19] The government has allegedly co-opted millions of dollars in humanitarian aid and restricted humanitarian organizations’ access to communities in need.[20]

Recommendations

18. Many parties to the civil war, including the SAR, appear to have committed actions that violate International Humanitarian Law and International Human Rights Law.[21] These actions allegedly include the use of prohibited chemical weapons, indiscriminate strikes on civilians and hospitals, and restrictions on humanitarian aid.[22] The SAR should take all practicable efforts to ensure its compliance with International Humanitarian Law and International Human Rights Law, including ensuring that the indiscriminate use of force, targeting of civilians, and unlawful seizure of personal property be kept to a minimum.

19. Some States seek to support rehabilitation and stabilization efforts in SAR-controlled territory.[23] The SAR should cooperate with such States where reasonable to do so.

20. Children’s right to an education and to be protected from violence has been recognized by the SAR in its ratification of the Convention of the Rights of the Child.[24] As such, the SAR should institute programs, such as temporary and well-equipped educational facilities, to ensure that the conflict does not harm development of the SAR’s youth to the greatest extent possible.

Arbitrary Detention, Ill-Treatment, and Torture

21. Arbitrary detentions and imprisonment are allegedly persistent in the SAR. Tens of thousands of civilians have been allegedly subject to arbitrary detention by government forces, and thousands more allegedly subjected to torture, sexual violence, or death.[25] Human Rights Watch, Amnesty International, and others have estimated a total of 149,361 detainees, of whom 101,678 remain missing,[26] but the exact number is unknown.[27]

22. These enforced disappearances violate the human rights of not only the missing, but also their loved ones as well.[28] Specifically, the missing are deprived of all rights, including the right to a fair trial and due process, while their relatives suffer violations of their rights to truth, justice, and reparation.

Recommendations

23. The prohibition against torture is widely considered a jus cogens norm of international law.[29] To the extent that the SAR engages in arbitrary detention and torture, such acts violate norms of customary international law. One Syrian security officer was recently sentenced to German prison for crimes against humanity, for aiding and abetting the torture of protestors.[30] Moreover, the SAR’s alleged use of torture is potentially a violation of the Convention against Torture, which it has ratified.[31]

24. The SAR provides little information to families regarding the status of their missing relatives.[32] The SAR should expedite the release of all detainees who pose no legitimate security risk and provide greater transparency on the status of “disappeared” persons. The SAR should reasonably cooperate with human rights groups and other organizations investigating its treatment of detainees, and abide by the ICCPR as it pertains to reparations (Article 9), treatment of detainees (Article 10), and torture (Article 7).

25. The SAR should take steps to implement and maintain a credible oversight system regarding officials’ current treatment of detainees. This program should include commitment from high-level officials, well-articulated policies, periodic reviews of the program’s implementation, and multiple mechanisms for confidential reporting of illegal conduct. Reliable and prompt application of disciplinary and enforcement measures should apply to all officials charged with detainees.

Censorship, Political Repression, and Freedom of Expression

26. Freedom of expression is not tolerated in the SAR. The SAR’s internal security service retaliates against activists or journalists with travel bans, arrests, and forced disappearances. The government also engages in surveillance of private and online discussions, such that individuals are not free to express their personal views.[33]

27. Freedom of assembly is also restricted. Civilian protests are often met with violence and mass arrests, [34] and the threat of “disappearing” strongly deters freedom of assembly and expression.

28. Internet freedom is restricted in the SAR. Many websites are blocked, including foreign press services, and the telecommunications market is a government monopoly.[35] The domestic press is also tightly regulated by the government,[36] and private media outlets are usually owned by government-associated figures.[37]

29. Public participation in the political process is discouraged. Generally, political access is a function of proximity and loyalty to ruling party officials.[38] Ethnic minorities are politically disenfranchised, and the SAR’s security forces and business allies play a large role in impeding voter autonomy.

30. To the SAR’s credit, the governent has generally allowed different groups to practice their faiths as long as their religious activities are not politically subversive.[39] However, there are allegations of government human rights abuses and violations against its perceived opponents, many of whom are Sunni Muslims.[40] The SAR also monitors mosques and controls the appointment of Muslim religious leaders.[41]

Recommendations

31. Many of the actions taken by the SAR are potentially unlawful under international law and should cease. Employing travel bans to punish political expression, for instance, contravenes the ICCPR’s clear mandate to protect peoples’ right to leave their country.[42] The SAR must cease detaining activists and banning them from travel simply for exercising their freedom of expression.

32. Strengthening political rights may require comprehensive reform. The electoral process should be reformed to be more transparent, legitimate, and representative of voters’ choices. Obstacles to the formation of differing political parties should be minimized.

33. The state apparatus must also cease repressive measures regarding assembly and expression.

Democracy, Transparency, and Corruption

34. The SAR’s executive branch and security services appear to exercise undue influence over the legislative and judicial branches.[43] Many state-imposed obstacles prevent political parties from organizing.[44]

35. The SAR places the President at the head of the Supreme Judicial Council with total power to appoint and remove judges[45] on the Supreme Constitutional Court. This structure compromises the independence of the judiciary.

36. The judiciary appears incapable of preventing the execution and torture of political dissidents and the unlawful seizure of private property.[46] Many irregular courts with little constraints have been empaneled and are often used to target political opponents, illegally confiscate property, and assign criminal sentences without due process.

37. The SAR also enacts legislation to legitimize actions unlawful under human rights and customary international law.[47] Many laws are overbroad in text and application, providing a façade for the persecution of activists and political opponents. Other laws are used to freeze the private assets of dissidents and their families.

38. There are allegations of bribery and embezzlement of public funds and humanitarian aid in the SAR.[48] As a result, the economic incentives presented to government officials may encourage illegality and self-profit over the public good.[49]

Recommendations

39. Comprehensive reform is required to address the overreach of government power on the rule of law. An independent judiciary must be protected, with the ability to reliably and neutrally apply and enforce the law. The executive branch must relinquish its control over the legislature and the judiciary, and comport itself in a manner more aligned with general democratic principles.

40. Enhanced deterrence mechanisms are needed to address corruption. Holistic reform, including greater accountability from independent auditors and an independent press, is needed.

Women’s Rights

41. Women are subject to legal and societal inequalities in the SAR, including in the labor force. Official mechanisms meant to protect women’s rights often fail, and women are generally subject to a range of abuses. Domestic and sexual violence are a continuing challenge, forced marriages are commonplace, and personal social freedoms for women are uneven in areas outside of government control.

42. To credit the SAR, women formally have equal political rights with men, and hold 12.4 percent of the legislature’s seats.[50] However, women are typically excluded from political decision-making and have little ability to organize independently from state repression.[51] Moreover, the legal system discriminates against women by denying them the right to grant citizenship to their children, as well as through property and other laws.[52]

Recommendations

43. The SAR has ratified the Convention on the Elimination of All Forms of Discrimination against Women.[53] As such, it must implement its provisions to ensure that women are protected from gender-based discrimination and violence.

44. Legislative discrepancies towards women must be eliminated, and legislation that advances and protects women’s rights should be introduced.

45. Wider social reform and education is needed to combat attitudes encouraging gender-based discrimination and violence. To support this initiative, the SAR should allow more domestic women’s-rights organizations to register and operate.

[1] https://reliefweb.int/report/syrian-arab-republic/fast-facts-syria-crisis-march-2019

[2] https://www.reuters.com/world/middle-east/cost-ten-years-devastating-war-syria-2021-05-26/

[3] https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_GEMS_Climate%20Change%‌20Risk%20Profile_Syria.pdf

[4] Id.

[5] http://www.fao.org/3/i7081e/i7081e.pdf

[6] http://www.fao.org/emergencies/resources/documents/resources-detail/en/c/878213/

[7] https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_GEMS_Climate%20Change%‌20Risk%20Profile_Syria.pdf

[8] https://reliefweb.int/report/syrian-arab-republic/syria-economic-crisis-compounds-conflict-misery-millions-face-deeper

[9] http://www.fao.org/3/i7081e/i7081e.pdf

[10] https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_GEMS_Climate%20Change%‌20Risk%20Profile_Syria.pdf

[11] https://www.worldvision.org/refugees-news-stories/syrian-refugee-crisis-facts

[12] https://www.reuters.com/world/middle-east/cost-ten-years-devastating-war-syria-2021-05-26/