In its latest report, the UN Human Rights Council (OHCHR) body found that attacks on civilians, escalating fighting, economic decline and human rights violations persist, despite the country’s re-admission to the League of Arab States.

The continued war in Syria is a “monument to the failure of diplomacy” said Inquiry Chair, Paulo Pinheiro.

Speaking in Geneva at the launch of the report, Mr Pinheiro called on all parties to the conflict to cease the attacks on civilians following the recent wave of demonstrations.

He urged the government in Damascus to respond positively to Syrians’ legitimate aspirations and rights before the country “plunges deeper into escalating violence and economic decline”.

Aftermath of earthquake

The Commission Chairperson reiterated the need for “unilateral coercive measures” imposed by the European Union, the United States, Canada, Australia, and Switzerland from 2011 onwards, to be reviewed, and called for the easing of sanctions since the earthquake on 6 February 2023 to be maintained.

He pointed out that at the time of the earthquake, the Commission received “multiple reports of aid diversion, extortion and corruption,” and documented “obstruction and interference in aid delivery” in the immediate aftermath of the earthquake.

The “Government and other parties needless hindered life-saving aid” and “no party answered our call for a cease-fire. They continue shelling and they continue the war”, Mr Pinheiro said.

Citing the report, Mr Pinheiro explained that a single airstrike on 25 June killed or injured over 37 civilians at an outdoor vegetable market in Idlib that should have been observable to the offensive forces.

He added that of the 15 attacks documented in the earthquake-affected area, several may constitute war crimes.

Airstrikes

According to the report, humanitarian operations were also affected by suspected Israeli airstrikes that rendered key transport infrastructure inoperable.

“These instances, as well as the failure of the UN Security Council to reach a consensus in July to extend cross-border aid deliveries via the Bab Al-Hawa border crossing, stand as a stark reminder of how hostilities, politicisation and fragmentation in Syria harm civilians and deprive them of much-needed assistance,” Commissioner Lynn Welchman said.

Calling for a thorough review of the failures of the earthquake response,” she urged warring parties and the international community to ensure that cross-border humanitarian assistance can continue at the necessary scale and in a principled, needs-based and sustainable manner”.

Displaced

Meanwhile, the UN aid coordination office (OCHA) found that continued hostilities, including shelling, have displaced some 5,300 families, which is more than 26,500 people, between 1 and 9 September.

Clashes in northeastern Aleppo forced nearly 4,600 families from their homes and there are reports of overcrowding in camps and villages, with some families resorting to sleeping in the open. As of 9 September, at least five people were killed, with 22 others, including 11 children, injured.

While the situation in Deir-ez-Zor Governorate, in Syria’s northeast Syria, is calm, hostilities since 27 August have reportedly resulted in 69 deaths and 96 injuries.

More than 6,700 families have been displaced according to Syrian Arab Red Crescent.

 Safe return ‘implausible’

The Commission also documents how recent weeks have seen increased conflict in greater Idlib, displacing thousands, and killing dozens in Deir-Ezzor, as well as an outbreak of large-scale protests calling for economic, social, civil and political rights in Government controlled-areas, notably Suweida.

It warns that beyond the frontlines, the safe return of Syrian refugees is implausible with cases of ill-treatment by Syrian security forces, including some blackmailed for their release.

Several refugees, including children, have since gone missing, it states. Arbitrarily detaining, torturing, forcibly disappearing and executing civilians in areas under their control is a war crime and crime against humanity the Commission points out, while calling for the release of all persons arbitrarily detained in Syria.

In a positive development, Mr Pinheiro noted that families seeking clarity on the fate of detained, disappeared and missing loved ones had received “long-awaited welcome news” following the establishment of the Independent Institution on Missing Persons in Syria by the General Assembly in June. 

No peace

Commenting on the impact on ordinary Syrians, Commissioner of the Inquiry, Hanny Megally described the experience of truffle gatherers in central Syria: “We’re seeing an increase, [in] people fighting over economic needs and survival and that results in violence, abductions.” People fighting over the truffle market is “an example of the country descending into that state of insecurity,” he said. 

“Human rights in Afghanistan are in a state of collapse,” he told the Human Rights Council, before sounding the alarm over ongoing reports of extrajudicial killings, torture and ill-treatment and arbitrary arrests and detentions, as well as serious violations against former Government officials, as documented in a new human rights office (OHCHR) report.

“Compounding all of this is a deeply troubling lack of accountability for perpetrators of human rights violations,” he said.

Women cancelled out

Highlighting the “devastating precedent” set by Afghanistan as the only country in the world where women and girls are denied access to secondary and higher education. Mr. Türk underscored the “long list of misogynistic restrictions” confining the country’s women “to the four walls of their homes”, before asking: “What can possibly come next?”

The High Commissioner insisted that any prospect of a stable, prosperous Afghanistan rests on the participation of men and women.

“Denying women and girls’ rights to participate in daily and public life not only denies them their human rights, it denies Afghanistan the benefit of the contributions they have to offer,” he said.

Constitution on hold

Mr. Türk said that the suspension of the Afghan constitution and of laws protecting women from violence or guaranteeing media freedom, as well as the dissolution of the country’s Independent Human Rights Commission, were elements of the “systematic erosion of the institutions that once provided some protection for human rights”. 

The High Commissioner called on the de facto authorities to “change course” and bring Afghanistan back to the international fold with full respect for its international human rights obligations.

He insisted that the UN Assistance Mission in Afghanistan (UNAMA) will continue to monitor and report on the situation, as well as “raise individual cases and urge compliance with international law by the de facto authorities” to the greatest extent possible.

Mr. Türk paid tribute to the work of his human rights colleagues on the ground, especially Afghan female staff.

He also exhorted the international community not to “turn its back on Afghanistan” at a time when rights were being eroded and two-thirds of the population were in need of aid, while humanitarian operations were hindered by the ban on women working for the UN and NGOs.

‘Feeling betrayed’

Mr. Türk’s comments came a day after the Special Rapporteur on Afghanistan, Richard Bennett, delivered a sombre update to the Council.

Many Afghans living abroad “say they feel ‘betrayed’ by the international community”, the Special Rapporteur explained. They are calling for concrete action and some have even started a hunger strike “calling for recognition of gender apartheid”.

In June, Mr. Bennett had said that since systematic and institutionalised discrimination against women and girls was at the heart of Taliban ideology and rule, Afghanistan’s de facto authorities “may be responsible for gender apartheid” which, although “not yet an explicit international crime”, required “further study”.

Repression of minorities

Mr. Bennett also briefed the Council on Monday on the “collapse of civic space” and “absence of rule of law” since the Taliban takeover, the long-term impacts on children’s development and mental health, and the repression and lack of representation of minorities such as Tajiks, Hazaras, Uzbeks and Turkmen.

“I’m concerned about the effect [that the] strong sense of discrimination and exclusion held by large parts of the population may have on the stability of Afghanistan,” he said.

Special Rapporteurs are not UN staff and are independent from any government or organisation. They serve in their individual capacity and receive no salary for their work.

Addressing the forum in Geneva, Deputy High Commissioner for Human Rights, Nada-Al Nashif also urged the Sri Lankan authorities to accelerate investigations and prosecutions probing cases of human rights violations, in particular, the 2019 Easter Sunday bombings.

Ms. Al-Nashif noted that investigations should comply with international human rights standards. Her comments follow repeated calls to the Government of Sri Lanka to establish an independent probe into the bombing campaign that left 269 people dead and additional 500 injured.

Socio-economic strife

Although the Government has implemented economic recovery policies, the country continues to be gripped by the aftermath of the deep economic crisis of 2022 and stresses in the global economy, the UN deputy rights chief said.

The legacy of that crisis “has impacted the poor and marginalized communities the most”, Ms. Al-Nashif explained, noting that another 2.5 million people had been driven into poverty between 2021 and 2022, while an estimated 37 per cent of households face acute food insecurity.

The Deputy High Commissioner emphasised that such hardship has given rise to tensions and further protests. These have also been sparked by issues of land acquisition in the north and east of the country for the expansion of military installations.

Tensions continue

The UN human rights body also heard that delays in holding local government elections combined with the laws that limit people’s right to political participation and protest had also increased tensions.

“Our Office continues to receive cases of misuse of tear gas and water cannons during demonstrations, affecting protestors and media personnel,” Ms. Al-Nashif said.

While recognizing the Government’s proposal for a new truth-seeking mechanism as part of efforts to promote reconciliation across Sri Lanka in the aftermath of a brutal civil war, she emphasised that more needed to be done.

“Fourteen years since the war ended, tens of thousands of victims and their families continue to suffer in agony and grief as they wait for truth, justice, and remedy, said Ms. Al-Nashif.

“Truth seeking alone is not sufficient and must be accompanied by clear commitment to accountability.”

‘Unproductive and unhelpful’: Sri Lanka responds

Sri Lanka rejected the OHCHR findings, its conclusions and recommendations relating to the two resolutions under which the UN rights office is mandated to investigate and report on the country. 

In a statement, Sri Lanka said the report was an “unproductive and unhelpful drain” on resources, which did not reflect the situation on the ground, claiming that OHCHR had ignored the nation’s “democratic resilience”.

“The frequency and intensity of war crimes and crimes against humanity has only increased in recent months,” said Nicholas Koumjian, head of the investigation team, formally known as the Independent Investigative Mechanism for Myanmar (IIMM).

‘Brazen bombings’

Addressing the forum in Geneva, he described even “more brazen aerial bombings and indiscriminate shelling, resulting in the deaths of innocent civilians including children. We have also seen increased executions of captured combatants and civilians and intentional burnings of homes and villages.”

Listing a series of further violations including torture, sexual violence and arrests, Mr.Koumjian highlighted the lack of due process and accountability for war crimes, particularly within the Myanmar military.

The development follows an appeal from UN Secretary-General António Guterres to Myanmar’s military rulers who seized power in a coup on 1 February 2021 to “listen to the aspirations of its people, release all political prisoners, and open the door to a return to democratic rule”.

Evidence and information 

“We continue to face the challenge of not having access to Myanmar. Our repeated requests for information and access have been ignored by the military authorities,” Mr. Koumjian told the Human Rights Council.

Delegations including the European Union, Finland, Canada and Costa Rica condemned the violence, while numerous other countries urged the military junta to allow the IIMM access to the country.

Among the Council’s 47 Member States, China, Iran and Russia underscored the principle of national sovereignty regarding external intervention.

Despite a lack of physical access to Myanmar, the head of the investigation team highlighted the unprecedented and unanticipated level of information that had been collated – facilitated by witnesses as well as modern technology.

“None of our work would be possible without the courage and commitment of the many individuals and organizations that provide us with information,” Mr. Koumjian said.

We understand this Council did not create our Mechanism to simply place evidence in storage,” he continued, emphasising that the evidence has been shared with the International Court of Justice (ICJ), the International Criminal Court (ICC) and in Argentina where international criminal proceedings are ongoing, surrounding crimes against the Rohingya. 

Persecuted minority

The Mechanism continues to actively investigate the violence that led to the large-scale displacement of the Rohingya from Myanmar in 2016 and 2017.

“We have collected compelling evidence of the widespread burning of Rohingya villages and the assaults and killings of civilians. I have been particularly horrified by the numerous accounts of sexual crimes that we have collected,” Mr. Koumjian told the Council.

Just last month, UN human rights chief Volker Türk marked the sixth anniversary of the start of a massive offensive by Myanmar’s military against the mainly Muslim minority in Rakhine state, reiterating the call for justice after hundreds of thousands of Rohingya were driven from their homes by security forces.

Some 10,000 Rohingya men, women, children and newborns are believed to have been killed, with more than 300 villages burnt to the ground and over 700,000 forced to flee to Bangladesh in search of safety, joining tens of thousands who fled earlier persecutions.

On Monday at the Council, countries including Bangladesh echoed Mr. Türk’s earlier call for a sustainable return for the Rohingya to their homeland.

“The Myanmar people are suffering deeply from the effects of these ongoing horrific crimes,” Mr. Koumjian said. “I would like them to know that the Mechanism is committed to pursuing justice for them and focusing all our efforts to ensure that the perpetrators will one day be held to account.”

The investigators

The Myanmar investigation team was created by the UN Human Rights Council in 2018 and became operational in August the following year.

Its mandate is to collect evidence of the most serious international crimes and violations of international law and prepare files for criminal prosecution, making use of the information handed over to it by the Independent International Fact-Finding Mission on Myanmar.

The Mechanism is composed of impartial and experienced professional and administrative personnel. It does not have its own police force nor its own prosecutors or judges.