The outcry screams of Syria, plunging in a débâcle
Still up to the
ongoing days, seems to be more and more urgent the demand of an international humanitarian
effort in Syria. “Venus screams” from the depths of her womb, yelling a sharp appeal
for peace as to cause the same troubling implosion they’re facing if no
solution will be found, and, in the name of suffering women, their children,
their families, long for healing the daunted wounded face of the most
vulnerable people overcrowding this developing country, spoiled out and crashed
by 10 years of war, a down-turning deterioration of injustices, government
corruption and political mismanagement to which has been added never-ending terrorist
attacks and the consequent outraging escalation of violence, the spread of the
Coronavirus, the mountain toll of overlapping sanctions, mainly set forth by
UK, USA and EU, that, all together, have
contributed to deteriorate the Syrian spiral of the economical crisis and
financial bankruptcy.
The combined support
of Russia and Iran, other actors involved in this dramatic scenery, of the Ba’athist
government, effectively control of the largest part of the territories, divided
in 14 directorates and 61 divisions, has greatly curtailed the likelihood of a
political transition. The real thrilling
international threat is represented by a Lebanese Shia Islamist political party
and Hezbollah attacks, (whose name means “Party of God”) supported by a
military group. Since 2012, this armed
fringe started to support Syrian government in its war against the internal
opposition, which they describe as a Zionist plot aiming to destroy its tie with al-Assad in an anti-Israeli alliance. In fact, Syria is
interested in regaining its Golan
Heights, from which they were dispossessed since the Six-Day war in 1967.
The geographical
dislocation of ethnic communities in its territory is significant to understand
the main internal divisions between the different minorities and, above all,
the moderate and extremist ideologies. The most battered zones are the
directorates of Idlib and that Aleppo, on the northwest side, and the “The Autonomous Administration of North
East Syria” that profoundly differ from the rest of the country, where al-Assad
keeps on undisputedly exerting its power. Idlib is hotly revendicated by
Erdogan, as, losing this directorate would mean to be defeated in its fight
against PKK and its overall control on Syria North West was founded on the “Syrian
Salvation Government”[1]. The other screwed directorate is Aleppo, whose capital,
bearing the same name, is the second-largest city in the country. The Battle
of Aleppo was the greatest military confrontation between the oppositions
forces, Hezbollah, Shia militias, Russia, supporting Kurdish, and central
Syrian government. In this bloody fight started in 2012, outflowing in the
broader Syrian Civil War, lasted until 2017, when “The Interim Syrian
Government”, the second internal opposition government, took over the
directorate, fixing its headquarters in Azaz. The large-scale disruptive
escalation of clashes, marked by the inability of the international community to provide an escaping solution from this status quo, and its importance led
combatants to christen it as "mother of battles” or
"Syria's Stalingrad".[2]
On the other side, “The Autonomous administration of North East
Syria”, also called Rojava, inhabited by Kurds, is a region just recognized de facto, representing about 9 – 10% of
the total population, and the largest present ethnic minority, counting 1,9 mln
people. This is one of the four parts of the “Greater Kurdistan” and, in their
lands, Kurdish human rights are significantly undermined[3].
Hezbollah’s deployed their
militias in both Syria and Iraq to fight or train local forces against the Islamic State of Iraq and the Levant (ISIL), otherwise called Islamic State of Iraq and
Syria (ISIS), opposed to the SDF (Syrian Democratic Forces), supported by UK and USA. Hezbollah political program is social protectionist, focused
on securing basic services, such as building schools, equitable working
conditions and other welfare measures. That’s why it’s debated its belonging to
the so-called “terroristic organizations”, although since 2005 their activities
have been officially condemned by EU, UN, and other countries, such as Canada,
USA, UK and Netherland, pointing out them as “terroristic” ones, especially referring
to the those perpetrated against Israel, in response to its claims to stretch
out its dominance in the region, for
committing human rights abuses, genocide, war crimes,
and crimes against humanity, genocide and ethnic cleansing. In order to contrast this phenomenon,
the UN implemented a Global Counter
Terrorism Strategy (GCTS)[4], a
unique global instrument adopted in 2006 for the improvement of the
national, regional and international efforts, finding a commune approach among
Member States aiming at taking practical steps for the enactment of a wide
array of measures, ranging from strengthening State capacity to a better
coordination within UN System and ensuring the preventive measures enactments and implementation of human rights.
Nowadays the Syrian Arab
Republic is internationally targeted for having triggered chemical attacks,
always denied, on Syrian civilians, as reported since 2012 by many Int Org, such
as the UN, the OPCW, HRW, and other Ngos, npos and media services, and internally corroborated
by cited national opposition governments[5].
Sheding
light on the internal politics of the Syrian Arab Republic, the current Ba’athist
President Bashar al- Assad, in power since July 2000, chief of military forces,
proclaimed its Constitution in 2012, that formalized a semi-presidential form
of government, in which the President is the Head of State and the PM the head
of cabinet. In all country is applied the Sharia law, comprehensive of Quran,
Sunnah, Qiyas (analogical reasons) and IJMA (juridical consensus). After the
parliamentary elections held in 2016, the results still confirming him as
President, resulted highly delusional for USA, UK and Germany and analysts keep
on raising concerns about the decay of the regime. If it will truly fall down,
the economical and political conditions of the country could throw the
population into the chaos, more than realizing the so much coveted improvements
claimed by humanitarian organizations and put at stake by USA, Russia, UN and
EU.
The progressively changing
approaches occurred during the different USA administrations show that after
Obama relative disinterest in Syrian
Affairs, except done for his engagement against ISIS crimes, the 2019 “Caesar Syrian Civilian Protection Act” imposed by
Trump, come into force in June 2020 and that would “sunset” in Dec 2024,
encompasses a set of sanctions against Syrian government in condemnation of the
“war crimes” perpetrated against civilians, undermining and targeting infrastructures,
military maintenances, and energy production (fuel shortages, especially from
Gulf States) other than providing financial assistance in order to indirectly
weaken Iranian and Russian influence in the country. Trump “maximum
pressure” strategy let Syria sink in murky waters but has not been
translated into a real progress on the political track, being ongoing diplomatic
efforts still stagnant. Nowadays Biden administration, begun in Jan 2021,
seems to be much more moderated but a new envoy to the country has not been
appointed and the act has neither been amended nor repealed. Like before,
Syrian affairs are looked through the lens of Iran and are considered more
dangerous the situations occurring in Iraq and Yemen. In an overall conclusion
of this excursus, a bilateral negotiation
between US and Russia, under the aegis of UN,
seemed to be the only solution to
solve at least the matter of the humanitarian aids entry points at Syrian
borders. Negotiations finally undertaken.
Referring to Syrian Arab
Republic foreign policy, there has been virulent tensions with Turkey, Lebanon,
Israel and Iraq, all middle weight powers led by authoritarian regimes. Among
its allied, instead, it can counts on Iran and the “Arab States of the Persian
Gulf”, from which it gets significant financial contributions, as a result to
its participation to the Persian Gulf War. In this context, especially after the
implementation of international sanctions, Russia keeps on extending its
influence and military role to the country but the conflict is still evolving
and its support is far from be determinant not only for lack of sufficient financial
resources but also because of its ties with UN and other Int Orgs. Anyhow, it strives to balance Syrian and regional interlocutors and to find revenues
sources to offset the costs of its
military intervention.
On one hand, Russia prefers
a more direct protection of al-Assad regime that has won the war and now intends
to stabilize the country; on the other one, Assad is not inclined to seek any
peace deal fearing the undermining of the State sovereignty under international
pressure. After ten years of civil war, Assad regime has been undoubtedly
weakened and he’s preparing for next elections. Its fading influence, in fact,
could leave free way to a Russian undesired disproportioned interference.
In 2020 Russia imposed the
shutdown of three of the four entry points used as gateways for the providing
nutritional and sanitary aids, menacing to oppose its veto power within the
UNSC. Finally, on Friday 10 July 2021 has been issued the res. 2585, allowing
UN to enter the crossing point of Bab Al-Hawa for one more year, in help
of millions of civilians living in dreadful conditions[6]. The day after, EU High Representative Joseph Borrell
welcomed this resolution, supporting the depoliticization of the delivery of
humanitarian aids and refugees relief, often obliged to live in camps or
prisons abroad.
One of the main innovative
measures adopted by UN in relation to the protection of Refugees, Stateless and
IDPS, has been the “Global Compact on
Refugees”[7],
proclaimed in Dec 2018, providing a blueprint in the pursuit of a more solidary, predictable, shared and equitable
responsibility among governments, Int Orgs, and the several stakeholders
involved in the meetings and consultations on the matter, to ensure that host communities get the
support they need and are implemented all their rights. Currently,
the vast majority of Syrian refugees living in the countryside with no or
scarce resources in the neighbouring countries - 1 of 20 refugees are accomodated in
makeshift camps and prisons - have seen worsening their conditions because of
the pandemic. UNHCR is currently providing humanitarian aids for essential
needs and services, as primary health care and hospital treatments, livelihood
support, protection against the most common risks, improving cooperation with
national and local activities, and co-leads the “Regional Refugee and
Resilience Plan” (3RP).
Although that, even
after the UNSCR of the 10th of July, diplomatic efforts are still facing a general standstill but it’s not
paralysed yet, as demonstrated by final Russia support within the UNSC for the
opening of the last left entry point for the delivery of humanitarian aids
stock, to which it was previously reluctant. Other ongoing international
agreements are more focused on Damascus as a distribution point of investments,
financial transactions, medical and food replenishment.
In the recent past, other
important UN resolutions on the protection of women and children involved in
armed conflicts are the UNSCR 42396/2017, preventing counterfeiting, forgery or
fraudulent use of IDPs, and UNSCR 2427/2018 about children and armed conflict,
stressing the importance of the peace-keeping operations and the obligations of
MS to comply with the UN Convention on the rights of the Child. On this topic,
can’t be forgotten, the “Paris Principles”, declaring that children involved in
criminal activities must primarily be considered as victims, not only perpetrators,
and that the best interest of the child must be guaranteed in any case. They
have the right of a restorative justice and rehabilitation[8].
Recently, in occasion of the
Brussel IV Conference, co-chaired by
EU-UN, held in June 2020, these two
main Int Orgs started a joint action for long-standing financial investments in
Syria and to get the region out of stagnation: it was announced the total grant
amount sum of $ 2.2 bln for 2021 for this country and beyond $ 6,1 bln in
loans. From June 2020 to Jan 2021 donors reported that grant contributions for
2020 reached $ 7.6 bln, exceeding 54% the original conference pledge and in
2021 25% more, going beyond $ 2.5 bln existing pledge. The three largest recorded
donors has been Germany, USA and EU, accounting for 70% of the total
contributions within the region, Syria being the main receiver. EU has never
imposed a blanket ban on trade with this country: it’s still allowed a dual use
of products in order to facilitate international peace and
security process and prevent the proliferation of WMD. The main obstacles to be overcome, in facts, are
embedded in the financial system and are structural in nature, Syria still
being today a “red flag” for banks and other financial institutions.
By virtue of that,
it’s unthinkable that the emergency could be solved just by donations of alms,
without planning a new long-term strategic international approach and internal
reforms more favourable to the defense of democratic rights and freedoms, in
order to accelerate integration, to boost tolerance, to fight extremist
violence and to make the nation self-starter and resilient.
About the direct and indirect impact of the unilateral
measures, it must be specified that the first ones reached
a pinnacle with the “Caesar Syria Civilian Protection Act”. They directly targeted
U.S.-Syria transactions and those with U.S.-made components or in U.S. $
(“primary measures”). The Caesar Act imposes then “secondary” measures
targeting any Syrian transactions with foreign, third-party countries,
institutions, companies or individuals. These last overtake any other
unilateral measures imposed by EU or other countries and impede any chance of
alleviation. Unilateral
measures led to a sharp decline of all Syrian private sector exports, still being
the import of oil and its derivatives about the 40% of the total, increasing
Syria subordination to Iranian influence[9].
As indirect impact of
unilateral measures, SYP exchange rate became strongly dependent on the flow of
foreign aids, from Lebanese economy, and from the combatants financing. The
complexities of the procedures implementing them are another reason for the
significant transaction costs of derisking[10]
and overcompliance imposed by foreign banks and companies that caused major
difficulties in provisioning non designated
products. No effective solutions have been put in place to deal with the consequences
of these last practices for humanitarian goods, even in relation to UN agencies
and Ngos[11].
These measures has caused during the ten
years of war have caused an overall plummeting of 25.5% of GDP, an increase of
the prices and raise of inflation.
Whilst EU, UK and U.S. sanctions regimes
specifically envisage the possibility of licenses to allow otherwise sanctioned
activities in the context of humanitarian work, these licenses are often
reported as complicated and time consuming. The combined effect of the
conflict, compliance concerns and the presence of financial sanctions has
unintentionally eroded the ability for humanitarian actors to facilitate
international payments addressed to Syria. These procedures and practices have hindered
production, transportation and value chains, introducing high transaction costs
and significantly reducing population resilience with a noteworthy impact
plunging Syria’s into a vicious cycle, shackling it to foreign funds in order
to get relief. The Syrian response often leans towards a voluntary boycott
because, even where goods and financial transactions may be possible, the legal
costs for undertaking due diligence and acquiring a license may be higher than
the value of goods and services.
The UN 2019 Humanitarian Response Plan (HRP) has
set out the framework within which it’s
trying to respond to the large-scale humanitarian assistance emergency,
on the basis of prioritized goals by
sectors. The HRP, based on deep assessments and analysis, has presented urgent
funding requirements to address these aids. It is anchored to three strategic
objectives: saving lives and alleviating suffering, enhancing protection and increasing
resilience[12].
In the hope to reach
specifically targeted agreements, several initiatives have been proposed, by the
implementation of exceptions to sanctions, throughout gradual steps of changes
in diplomatic and economic relations other than for financial aids: USA and EU has proposed a phase 1 (diplomatic incentives for
the re-establishment of diplomatic relations, participation in international
forums, cultural exchange program and g a “white list” to channel financial
transactions for trade not subject to sanctions); a phase 2 for an official reconstruction
assistance, (expanding existing funding, rebuilding infrastructures) and a
phase 3 (lifting EU and USA sanctions). It has been argued that, across all the
3 phases, the potential of snapback
aftermaths, as the removal of the incentives, are inducted Syria to be hesitant
to accept them and pushed it to ask for new and different agreements, before implementing
internal reforms.
In conclusion, the
main superpowers and Int Orgs are following an obstructed pathway of grants with conditions, not only
for the delivery of humanitarian aids but also for many other political and
economical aspects, diplomatic entrenchments, disproportionate restrictions in the name of Hezbollah terrorism and Syrian central
government stance, responding attacks against attacks, jeopardizing alliances
with Russia. The
main UN objectives, as ensuring safe conditions for displaced in Syria and
those obliged to flee abroad, are not at all easy to be achieved. Refugees
and IDPs have also been at heightened risk of SGBV during the pandemic, many
have been forced into survival sex or child marriages, and family tensions have seen a spike increasE of
these phenomena. In this aberrant situation, UNHCR offices are receiving 10 times more
the usual number of calls for protection. Since Jan 2020,
UNFPA has distributed personal protective equipment to protect health workers,
essential hygiene and sanitary supplies, funds for women’s leadership, economic
empowerment, gender-based violence programs and essential life-saving sexual
and reproductive health services for nearly one million people in need Syria.
The global Usa and
the international community strategy led, in a way or another, to confine
Syria, following the motto “Assad must go”, in order to induce it in a
political transition under a severe international pressure, as the weaker Syria
is, the more dependent it will become, but just sanctions would never help to
transform the country in a modern economy and to rebuild the middle class. Now
that both armed Assad oppositions and central government itself are on the
verge of collapse, many European and regional states have reopened their
embassies in Damascus. Nevertheless the conflict is not over, the presence of
Turkish and US coalition forces in northern and eastern Syria continue to deny
the government a complete military victory. In the meanwhile, Israel keeps on carrying
out airstrikes against Iranian and Lebanese Hezbollah inside Syria. In
this framework the several NGOs
operating on the field, whose members often bravely don’t hesitate to put at
risk their lives and to help the population to get out of limbo, run into huge hurdles
in their attempts to implement their projects.
Thus, properly said diplomatic,
intended as equal solutions in a perfect balance of interests of all the
involved parties, are far from taking place. The implemented strategies adopted
up to now are essentially made of sanctions aiming at producing a “chilling
effect”, that subordinate the destiny of the country to hardly welcomed limitations
and snapbacks, clearly insufficient to rebuild its capacities, leaving the
whole country-system trapped in a network of rapidly changing alliances and essentially
deepening its isolation. Finally, it can said for sure that the “hard line” could never be a good rescue gateway,
especially if imposed to push government to get unshared solutions by reason of
force majeure and more ad hoc solutions must be experimented to
get out of this stalemate.
Internet Sources:
https://www.ispionline.it/en/pubblicazione/dilemmas-debate-syria-sanctions-29626
https://www.syriahr.com/en/168805/
https://undocs.org/en/A/RES/73/167
https://undocs.org/en/A/RES/68/200
Op-ed:
Put women at the centre of Syria crisis response | UN Women – Headquarters
Bibliography:
“A path to conflict transformation in Syria – a framework for a phased
approach”, Carter Center, Jan 2021
“US and EU sanctions on Syria”, Carter Center, Sept 2020
“Supporting Syria and the
region: Post Brussels Conference financial tracking”, Report 11, March 2021 http://eeas.europa.eu
“Navigating humanitarian exceptions to sanctions against Syria
challenges and recommendations”, Carter Center Report, 2020
Daher, Moret, “Invisible sanctions: how over-compliance
limits humanitarian work on Syria challenges of fund transfer for Non-Profit
Organizations working on Syria”, Impact, 2020
[1] Idlib is a directorate situated at the Turkish border, composed of a Jihadist population, sided with Turkish and USA, that financially support it. Since 2011 uprisings, it has been the focus of civilian violent turmoils evolved into an outright armed conflict opposed to the central government, for the conquest of the whole directorate, even after the UN Secretary General Kofi Annan closing of the controversy by the imposition of the ceasefire. In facts, soon, in 2015, followed the second Idlib Battle, set off by the al-Nusra Front and al-Sham, that in 2017 finally re-captured the capital of the district.
[2] The UN special envoy to Syria proposed
to end of the war by granting autonomy to East Aleppo. The proposal was rejected
by the Syrian government, hundreds of thousands of residents were displaced and
the efforts made to provide aids to civilians and facilitate their evacuation
were routinely disrupted by continued troubles and mistrust. Aleppo was
condemned by UN for committing war crimes,
including the use of chemical weapons along with Syrian government forces, the
use of barrel bombs by
the Syrian Air Force, the
dropping of cluster munitions on
populated areas by Russian and Syrian armies, summary indiscriminate
executions of civilians and capture of soldiers by both sides. In 2016,
the UN High Commissioner for Human Rights
pointed out this horrific events as "crimes of historic proportions",
as it caused more than 31,000 people dead and destroyed the Old City of Aleppo, a UNESCO World Heritage site.
[3] Kurdish are persecuted and mistreated,
no political parties are allowed for them, the use of their language is banned,
it’s denied the right of name’s registration and Syrian nationality, their
business is prohibited if they lack an Arabic name, their own public schools
and educational materials are prohibited. After Rojava Revolution, central
government is no longer in the position to enforce laws infringing
international human rights and leaving Syrian civilians Stateless but these
breaches are still occurring in practice.
[5] The attacks occurred in
different areas of Syria, including Khan al-Assal, Jobar, Saraqib, Ashrafiyat Sahnaya, Kafr Zita, Talmenes, Sarmin and Douma. According with them, the deadliest attacks occurred
in August 2013 (sarin attack in Ghouta,
where were killed about 1800 people) and
in April 2017 (sarin attack in Khan Shaykhun where were killed about 90 people). The most common ones
used agents as chlorine, sarin and sulphur. Almost half of these, between
2014 and 2018, were perpetrated by aircraft and less than a quarter from the
ground, other than odd unclear methods. According to a 2019 Berlin
research study made by Global Public Policy Institute, chlorine was used in 91.5% of chemical attacks since 2012,
when Obama said Syria has crossed the “red line”, so that, induced by Russia
mediation, it had to start diplomatic talks with the USA. So, these took place
but remained just speeches for the threat of a USA retaliation, and as many
reliable media confirmed, it’s impossible to quantify the exact amount of
chemical agents stored in Syrian arsenals. Also, the International Commission
of Inquiry on the Syrian Arab Republic, set up by the United Nations Human Rights Council in 2011, found that human rights violations occurred
during the Syrian civil war, also by the use of chemical agents, such as sarin.
[6] According to HRW, 13,4 mln people are in need of humanitarian assistance, 6,7 mln IDPs, 5 mln refugees and asylum seekers, whose 4,8 live in host countries just this year, the highest numbers since the beginning of the war.
[7] The GCR has four parts: an
introduction setting out the background, guiding principles, and objectives
of the global compact; the Comprehensive
Refugee Response Framework (CRRF),
as agreed to by Member States in Annex I of the New York Declaration; a
Programme of Action setting out concrete measures to help meeting the
objectives of the compact, including: arrangements to share burdens and
responsibilities through a Global Refugee Forum (held every four years),
national and regional arrangements for specific situations, and tools for
funding, partnerships, and data gathering and sharing; areas in need of
support, from reception and admission, to meeting needs and supporting
communities, to solutions; arrangements for follow-ups, reviews and meetings.
[8] Paris Principles definition of “child
associated with an armed force or armed group”: “any person below 18 years of age who is or who has been recruited or
used by an armed force or armed group in any capacity, including but not
limited to children, boys and girls, used as fighters, cooks, porters,
messengers, spies or for sexual purposes. It does not only refer to a child who
is taking or has taken a direct part in hostilities”; Paris Principles
definition of “child reintegration”: “the process through which children transition
into civil society and enter meaningful roles and identities as civilians who
are accepted by their families and communities in a context of local and
national reconciliation. Sustainable reintegration is achieved when the
political, legal, economic and social conditions needed for children to
maintain life, livelihood and dignity have been secured. This process aims to
ensure that children can access their rights, including formal and non-formal
education, family unity, dignified livelihoods and safety from harm”.
[9] The lack of fuel had a significant negative
impact on electricity production, transportation, heating, agricultural
irrigation. More importantly, these imports pass through border crosspoints
controlled by armed opposition groups (AOG), including jihadist and terrorist
organizations according to UNSC resolutions on one side and pro-government of
Syria (GoS) militias on the other.
[10] As “derisking” is intended ”the practice of financial institutions putting an end to relationships
with clients considered to be at high risk, notably because the perceived risks
of money laundering, terrorist financing or being a designated entity or an
individual on an international sanctions list, while offering limited return in
term of profitability”, see “Invisible
Sanctions: How Over-compliance Limits Humanitarian Work on Syria Challenges of
Fund Transfer for Non-Profit Organizations Working on Syria,” Impact, 2000.
[11] According to the Res. 68/200 of Dec 2013, on “Unilateral economic
measures as a means of political and economic coercion against developing
countries” it’s urged “the international community to adopt urgent and
effective measures to eliminate the use of unilateral
economic coercion against developing countries that are not authorized by
relevant organs of the UN or are inconsistent with the principles of
international law as set forth in the UN Charter and that contravene the basic
principles of the multilateral trading system,” condemning and rejecting them;
furthermore, res. 73/167 of Dec 2018 added strong objections “to the
extraterritorial nature of those measures which threaten the sovereignty of
States, and in this context calls upon all Member States neither to recognize
those measures nor to apply them, as well as to take administrative or
legislative measures, as appropriate, to counteract the extraterritorial
applications or effects of unilateral coercive measures”.
[12] The UN does not currently impose sanctions
directly targeting Syria as a country or directly targeting the Syrian
government. However, there are just few provisions impacting Syria:
“Prohibition on trade in antiquities”-
(UNSCR) 2199 (2015) that prohibited any trade in antiquities removed from
Syria since March 15, 2011; UNSCR 2199 was intended to preserve Syria’s
cultural heritage following widespread reports of looting by the Islamic State
group and criminal gangs; sanctions on the Islamic State group; UNSCR 2253
(2015) that imposes “sanctions on IS and Al-Qaeda”, including both IS as an
organization and individual named IS members, and prohibits their trade and
commerce. These U.N. sanctions will remain in force until the UNSC adopts new
resolutions amending or repealing the existing provisions.
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