A/HRC/RES/40/17
20.
Recognizes the permanent damage that torture and ill-treatment, including
sexual abuse and violence, causes to its victims and their families, and condemns the denial
of medical services in all prisons and detention facilities;
21.
Calls upon the Syrian authorities and all other parties to the conflict to ensure
the effective implementation of Security Council resolutions 2139 (2014) of 22 February
2014 and 2254 (2015) and to adhere to their obligations under international law, in particular
to end arbitrary detention, torture and sexual and gender-based violence in the Syrian Arab
Republic, notably in prisons and detention facilities, and kidnappings, abductions and forced
disappearances, as demanded by the Council in its resolution 2139 (2014) and by the
Commission of Inquiry in its recommendations;
22.
Urges all parties to take heed of the recommendations on the issue of detainees
by the Commission of Inquiry, in particular the calls for the appropriate international
monitoring bodies to be granted immediate access without undue restriction to all detainees
and detention facilities, and for all parties, in particular the Syrian authorities, to publish a
list of all detention facilities, to allow access to medical services for all detainees and to
provide information on those whom they have detained to their families;
23.
Demands the immediate release of all persons arbitrarily detained, including
women, children, older persons, persons with disabilities, human rights defenders,
humanitarian aid providers, medical personnel, the wounded and sick, and journalists, and
notes the importance of ensuring justice for those arbitrarily detained;
24.
Condemns the reported forced displacement of populations in the Syrian Arab
Republic, expresses deep concern at reports of social and demographic engineering in areas
throughout the Syrian Arab Republic, and calls upon all parties concerned to cease
immediately all activities that cause these actions, including any activities that may amount
to war crimes or crimes against humanity;
25.
Gravely concerned that, according to the Commission of Inquiry in its latest
report,1 more than 1.5 million civilians were forced to flee their homes during 2018, and that
thousands more were forcibly displaced pursuant to “evacuation agreements” negotiated
among warring parties;
26.
Expresses deep concern at the situation of the 6.2 million internally displaced
persons across the Syrian Arab Republic, and urges all parties to take note of the
recommendations on this matter in the latest report of the Commission of Inquiry and to
ensure that any evacuation and movement of civilians is consistent with international
humanitarian law and international human rights law, as applicable;
27.
Deplores the existence and application of national legislation, in particular
Law No. 42/2018, which has a significant detrimental impact on the rights of Syrians
displaced by the conflict to claim their property and to return to their homes in a safe,
voluntary and dignified manner when the situation on the ground allows it, and calls for its
immediate repeal;
28.
Expresses concern that the hostilities have restricted access to or resulted in
the loss of civil documentation, thereby limiting freedom of movement and access to essential
services, particularly for women, children and persons with disabilities;
29.
Also expresses concern at reports that the Syrian authorities are arbitrarily
preventing internally displaced persons from accessing and returning to their homes, with no
apparently valid security reason and without providing alternatives to the displaced
communities, which may amount to forced displacement;
30.
Urges all parties to take note of the recent recommendation of the Commission
of Inquiry on ensuring that the right of return is fully respected and facilitated by guaranteeing
that all return movements are voluntary, safe and dignified and subject to informed consent
to the places of origin, and protect all property and tenancy rights;
31.
Strongly condemns violence against persons based on their religious or ethnic
affiliation, demands that all parties take all appropriate steps to protect civilians, including
members of ethnic, religious and confessional communities, and stresses that, in this regard,
the primary responsibility to protect the Syrian population lies with the Syrian authorities;
5
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