A/HRC/RES/43/28
43.
Notes those States outside the region that have put in place measures and
policies to assist and to host Syrian refugees, encourages them to do more, and also
encourages other States outside the region to consider implementing similar measures and
policies, also with a view to providing Syrian refugees with protection and humanitarian
assistance;
44.
Notes with concern that one of the main obstacles to refugees’ safe, voluntary
and dignified return to their country of origin derive from the Syrian authorities’ own
practices of violating the human rights of civilians in areas under their control, including the
rights to the freedoms of assembly, movement and expression, as well as those involving
systematic property seizures, forced conscription, arbitrary arrests, enforced disappearances,
political violence or torture;
45.
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;
46.
Deplores in this regard the existence and application of national legislation, in
particular Law No. 42/2018 and other legislation and practices concerning housing, land and
property rights, which have a significant detrimental impact on the rights of Syrians displaced
by the conflict to claim their property, as evidenced by recent reports of widespread property
demolitions throughout the Syrian Arab Republic, calls for the immediate repeal of that
legislation, and stresses the right of displaced Syrians to return to their homes in a safe,
voluntary and dignified manner when the situation on the ground allows it;
47.
Expresses concern that the hostilities have restricted access to or resulted in
the loss of civil documentation, including through confiscation, thereby limiting freedom of
movement, access to essential services, and housing, land and property rights, particularly
for children, persons with disabilities, women and female-headed households, and notes that
the lack of casualty records and official death certificates can seriously affect inheritance and
custody rights and severely restricts freedom of movement;
48.
Urges all parties to implement the 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 safe, voluntary and dignified and subject to informed consent
to the places of origin and protect all property and tenancy rights, in cooperation with
competent organizations, such as the Office of the United Nations High Commissioner for
Refugees;
49.
Condemns in the strongest possible terms the repeated use of chemical
weapons by the Syrian authorities, in violation of its obligations under the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction and Security Council resolution 2118 (2013), and all use of chemical
weapons in contravention of well-established international standards and norms against such
use;
50.
Expresses grave concern at the reports of the Technical Secretariat of the
Organisation for the Prohibition of Chemical Weapons, which state that it continues to be
unable to verify that the declaration made by the Syrian authorities regarding their chemical
weapons programme was accurate and complete in accordance with the Chemical Weapons
Convention, and calls upon the Syrian Arab Republic to cooperate fully with the Organisation
to provide further clarification relating to the gaps, inconsistencies and discrepancies that
remain;
51.
Welcomes the fact that the Technical Secretariat of the Organisation for the
Prohibition of Chemical Weapons has completed its arrangements for the establishment of
the Investigation and Identification Team tasked to identify the perpetrators of the use of
chemical weapons in the Syrian Arab Republic by identifying and reporting on all
information potentially relevant to the origin of those chemical weapons, looks forward to
the Team’s first report, and calls upon the Syrian authorities to provide all necessary access
and authorizations to the members of the Team;
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