Finalement il n'aura fallu qu'une semaine pour que le Conseil de sécurité intervienne à nouveau (Résolution 2043 (2012) du 21 avril 2012) pour permettre le déploiement du groupe des observateurs de l'ONU en Syrie. Cette célérité témoigne d'une conscience partagée qu'il est vraiment urgent... de progresser. La formule déjà employée ici la semaine dernière a pris un relief particulier après quelques jours de présence sur le terrain des premiers observateurs arrivés sur la base de la résolution 2042 adoptée le 14 avril 2012. Personne ne nourrit d'espoir sur la bonne volonté dont le gouvernement syrien pourrait témoigner dans l'application du plan de paix de Kofi Annan.
Les Russes en sont manifestement convaincus, comme ils le sont de la nécessité que ce plan réussisse pour éviter une ingérence extérieure dans la crise. Ils sont ainsi parvenus à tenir la corde cette semaine. En effet, ils ont, de manière presque rituelle désormais, proposé leur propre projet de résolution face à celui des Occidentaux. Le leur était en retrait, notamment sur la question des sanctions. En effet, le texte occidental envisageait le recours à des sanctions non militaires (article 41 de la Charte) en cas de non application immédiate des mesures relatives à la cessation des violences. Cette mention du Chapitre VII dans laquelle on devine l'influence des Etats-Unis était sans doute prématurée. La version finalement admise par tous les membres combine les deux textes. Fait remarquable la Résolution 2043 a été parrainée, entre autres, par la Russie et la Chine. L'attitude des Russes montre à quel point ils sont eux-même déterminés à tenir la bride haute au gouvernement syrien. Là est l'essentiel en cette phase critique et on doit se réjouir de retrouver une capacité de consensus entre les membres permanents du Conseil de sécurité.
Deux éléments ont contribué à ce succès diplomatique que représente l'adoption, à l'unanimité encore, de la nouvelle résolution.
D'une part, le Représentant spécial est parvenu jeudi à faire accepter par la Syrie un accord préliminaire sur le cadre et les conditions du déploiement des observateurs de l'ONU. Il s'agit d'un accord technique temporaire signé par Fayçal al-Meqdad, Vice-ministre des Affaires étrangères et le Général indien Abhijit Guha, chef de la délégation technique de l’ONU en Syrie au siège (imposant) du Ministère des affaires étrangères. L'accord précise les fonctions des observateurs qui ne se limitent pas à contrôler et soutenir la cessation de la violence armée sous toutes ses formes par toutes les parties, puisqu'il appliquera le plan de paix en six points de Kofi Annan. L'envoyé spécial disposera ainsi d'une force militaire non armée pour l'ensemble des activités relevant de la mise en œuvre du plan. L'accord précise aussi les "tâches et responsabilités" du gouvernement syrien. Il annonce évidemment la conclusion d'un SOFA entre la Syrie et l'ONU, mais, conformément à l'usage, les parties sont convenues d'une application à titre provisoire du Modèle d'accord sur le statut des forces pour les opérations de maintien de la paix. Tous ces éléments sont repris et explicités dans la nouvelle résolution adoptée ce jour par le Conseil de sécurité.
D'autre part, une pression internationale a été exercée sur la Syrie. Ainsi une brève réunion de 14 des Etats « amis de la Syrie » s'est tenue essentiellement dans ce but à Paris dans la soirée du 18 avril à l'invitation du Ministre français des affaires étrangères. En outre la menace d'une intervention militaire pèse sur la Syrie en cas d'échec du Plan Annan. La Turquie envisagerait d'invoquer l'article 4 du Traité de l'Atlantique Nord, c'est-à-dire de solliciter l'aide de ses alliés contre la menace qui pèse sur son intégrité territoriale. L'opposition syrienne demande avec une insistance renouvelée une intervention militaire extérieure et les Etats arabes du Golfe y demeurent, on le sait, favorables.
En adoptant la nouvelle résolution le Conseil de sécurité a répondu à la demande du Secrétaire général de l'ONU :
https://docs.google.com/file/d/0ByLPNZ-eSjJdRy1xS3V3bWNoNTA/edit?pli=1
Le groupe d'observateurs devrait bénéficier de moyens de transports aériens (avions ou hélicoptères). La résolution fait passer le nombre des observateurs militaires de 250, chiffre avancé par le Secrétaire général, à 300. La France avait estimé que 300 à 400 personnels militaires seraient nécessaires. Ils seront accompagnés de personnels civils dont le nombre n'est pas limité par la résolution. Cette dernière qui prévoit un examen de la question tous les quinze jours envisage clairement la possibilité d'un accroissement de l'effectif. L'autorisation est accordée pour une durée initiale de 90 jours.
Beaucoup d'incertitudes demeurent et on a peine à imaginer que les militaires et miliciens accepteront de rentrer dans les casernes pour laisser la rue aux manifestants...
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Le projet de résolution mis en circulation par les Occidentaux :
“The Security Council,
PP1. Recalling its resolution 2042 of 14 April 2012, its Presidential Statements of 5 April 2012, 21 March 2012 and 3 August 2011, and all relevant resolutions of the General Assembly,
PP2. 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,
PP3. Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter,
PP4. Condemning the widespread violations of human rights by the Syrian authorities, including torture, arbitrary detentions, abductions, sexual violence and other abuses against women, children and minorities, 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,
PP5. Expressing its appreciation to states bordering Syria that have made significant efforts to assist Syrians who have fled across Syria’s borders as a consequence of the violence, andrequesting UNHCR to provide assistance as requested by member states receiving these displaced persons,
PP6. Reiterating its call in its resolution 2042 (2012) for the Syrian authorities to allow immediate, full and unimpeded access of humanitarian personnel to all populations in need of assistance,
PP7. 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,
PP8. Expressing grave concern at the ongoing violence, and, in particular, the continued use of heavy weapons by the Syrian government in population centres in continued violation of its commitments, the failure of the Syrian government to fulfil its commitments (a), (b) and (c) above or to implement the Envoy’s six-point proposal,
PP9. Taking note of the assessment in the Secretary-General’s 18 April letter 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 could 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,
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 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 its communication to the Envoy of 1 April 2012, 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, and (c) begin pullback of military concentrations in and around population centres, and also calls upon the Syrian government to withdraw its troops and heavy weapons from population centres to their barracks 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, and torture, arbitrary detentions, abductions, sexual violence and other abuses against women, children and minorities;
4. Decides to authorise a United Nations Supervision Mission in Syria (UNSMIS) under the command of a Chief Military Observer for an initial period of three months, comprising an initial deployment of up to 300 unarmed military observers as well as additional civilian personnel as required by the Mission with a range of skills, including political, human rights, civil affairs, public information, public security, gender and other expertise, anddecides further that the Mission shall be deployed expeditiously subject to notification by the Secretary-General of implementation of paragraph 2 above to his satisfaction;
5. 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 the withdrawal of Syrian troops and heavy weapons from inside and around population centres to their barracks, and to monitor and support the full implementation of the six-point proposal, as well as any other tasks agreed with the parties;
6. Requests that the Secretary-General and the Syrian government conclude a Status of Mission Agreement (SOMA) within 30 days of adoption of this resolution, 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 decides that pending the conclusion of such an agreement, the model SOMA agreement of 9 October 1990 (A/45/594) shall apply provisionally;
7. Calls upon the Syrian government to ensure the effective operation of the mission by fulfilling the commitments set out in its 19 April “Preliminary Understanding” [(annex)]with the United Nations, including 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; allowing its unobstructed communications; and allowing it to freely and confidentially interact with any individual, group of individuals, body or institution in Syria without threat of harassment or reprisal against any person as a result of interaction with the mission;
8. Underlines the need for the Syrian government to agree rapidly with the United Nations the independent use of air assets by UNSMIS;
9. Calls upon the parties to guarantee the safety of UNSMIS 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 the Mission by any party, including any incidents of non-compliance with paragraph 6 above;
11. Urges all Member States to consider making appropriate contributions to UNSMIS and to respond positively to requests for assistance from the Mission;
12. Requests the Secretary-General to report to the Council on the implementation of this resolution within 15 days of its adoption and regularly thereafter, but no less frequently than every 15 days;
13. Underlines the critical importance of full implementation of paragraph 2 above for a sustained cessation of violence, and in order to generate a conducive environment for the effective operation of UNSMIS, and therefore expresses its intention, in the event of non-compliance with paragraph 2 above, to adopt measures under article 41 of the Charter;
14. Decides to remain seized of the matter”.
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Le projet russe de résolution :
“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,
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,
Noting the Envoy’s assessment that, as of 12 April 2012, the parties appeared to be observing a cessation of fire and that the Syrian government had started to implement its commitments, and 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,
Expressing concern over violent incidents and reports of casualties which have escalated again in recent days, and noting that the cessation of the armed violence in all its forms is therefore clearly incomplete,
Taking note of the view expressed by the Secretary-General that a United Nations monitoring mission 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 signing on 19 April 2012 of the Preliminary Understanding between the Syrian Arab Republic and the United Nation to provide 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, and its enclosure (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 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 as it further agreed to do in the Preliminary Understanding signed on 19 April 2012;
3. Underlines the importance attached by the Envoy to the withdrawal of all Syrian government troops and heavy weapons from population centres to their barracks to facilitate a sustained cessation of violence;
4. Calls upon all parties in Syria, including the opposition, immediately to cease all armed violence in all its forms;
5. Decides to establish immediately for an initial period of 90 days a United Nations supervision mission in Syria (UNSMIS) to monitor a cessation of armed violence in all its forms by all parties and relevant aspects of the Envoy’s six-point proposal, on the basis of the Preliminary Understanding signed on 19 April 2012 and the model status-of-forces agreement dated 9 October 1990 (A/45/594) which shall apply provisionally pending the timely conclusion of a status-of-mission agreement concerning the status of UNSMIS between the United Nations and the Syrian government;
6. Decides that UNSMIS will comprise an initial deployment of up to 300 United Nations Military Observers supported by a limited and appropriate substantive civilian component to be agreed in consultations with the Syrian government and the Security Council, pursuant to the Secretary-General's proposal contained in his letter addressed to the President of Security Council (S/2012/238);
7. 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; 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;
8. Calls upon the parties to guarantee the safety of the 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;
9. Requests the Secretary-General to report immediately to the Security Council any obstructions to the effective operation of UNSMIS by any party;
10. 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;
11. Requests the Secretary-General to report to the Council on the implementation of this resolution within 30 days of its adoption and every 30 days thereafter, and also to submit, if necessary, to the Council his proposals with regard to UNSMIS mandate, scope and methods of work in advance of the expiration of the current mandate;
12. Decides to remain seized of the matter ».
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La résolution 2043 adoptée par le Conseil
« Recalling its Resolution 2042 (2012), as wellas 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 ofArab 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 2012 Preliminary Understanding (S/2012/250) agreed between the Syrian Arab Republic and the 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/2012/23 8);
1. Reaffirming 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 (20l2)‘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 t cease all armed violence in all its forms;
4L 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 (UN 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 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 (if 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;
ll. 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 ».
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