A/HRC/40/70
VIII. Recommendations
95.
The Commission reiterates the recommendations it made in previous reports,
with particular emphasis on the protection of civilians in areas where hostilities are
ongoing.
96.
The current situation throughout the Syrian Arab Republic undermines the
feasibility of the return of internally displaced persons and refugees. Any plans for the
return of those displaced both within and outside of the Syrian Arab Republic to their
places of origin or habitual residences must be made in accordance with a rightsbased approach that ensures sustainable solutions.
97.
Such an approach should not only address the root causes of the conflict but
also help to end the cycle of violations that perpetuate the current situation on the
ground.
98.
To effectively address the complex issue of returns, the Commission emphasizes
the need for:
(a)
The substantial and permanent reduction of hostilities;
(b)
Rapid, safe, unimpeded, unconditional and sustained access to
humanitarian and medical relief for civilians in need and guarantees for the
protection of aid and health workers;
(c)
Genuine guarantees by all parties that returnees will not face
persecution, discrimination, arbitrary detention, torture or any other form of
mistreatment and that their human rights will be respected and protected;
(d)
Immediate disclosure of the fates of detained, disappeared and missing
individuals, as well as the implementation of Security Council resolutions 2254 (2015)
and 2258 (2015), in which the Council calls on the parties to the conflict to release any
arbitrarily detained persons, particularly women and children;
(e)
The restoration of critical infrastructure and access to basic services;
(f)
Ensuring that protection and assistance concerns of displaced and
returnee women and girls, including their access to basic services and key rights, are
addressed in an effective and sustainable manner;
(g)
Efficient, accessible and affordable mechanisms to address housing, land
and property issues, including with regard to women’s inheritance rights;
(h)
The implementation of simplified administrative procedures for civil
registration of vital events, so that individuals, including children, are not prevented
from exercising key rights;
(i)
Legislation and legal and administrative mechanisms to process civil acts
and property registration that comply with international human rights law and which
are equally accessible and affordable to all Syrians, in particular women, regardless of
their place of residence;
(j)
Returnees to be able to effectively participate throughout the process of
return and reintegration.
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