The People Behind the Statistics: UN Adopts Resolution to Determine the Fate of Missing Persons in Syria

05-07-2023

Perla Khaled

Middle East and Human Rights Researcher 

Global Human Rights Defence

The United Nations General Assembly (“the UNGA”) passed a contentious resolution on June 29, 2023, approving the establishment of an autonomous international body to investigate the fate of over 130,000 missing and/or forcibly disappeared individuals since the onset of the Syrian conflict in 2011. [1]

The Independent Institution on Missing Persons in the Syrian Arab Republic, under the auspices of the UN, aims to probe the whereabouts of the missing, detained, and tortured and uphold the Syrian people’s right to truth. [2] It additionally endeavours to support and alleviate the agony of the families of victims and survivors, who have, alongside international human rights organisations, tirelessly advocated for the inception of such a body. 

The resolution (document A/77/L.79), which was introduced by the representative of Luxembourg, was adopted with 83 votes in favour, 11 against, and 62 abstentions. [3] Syria strongly condemned the resolution, stating that it constitutes a hostile encroachment of its internal affairs, while Syrian Ambassador Bassam Sabbagh argued that his country had already tackled the issue of missing people and held “independent investigations in accordance with Syrian law and on the basis of available information and resources.” [4] Other countries who opposed the resolution include China, Cuba, Iran, North Korea, Russia, and Venezuela. 

It is also noteworthy that, with the exception of Kuwait and Qatar, almost all Arab countries abstained from voting, despite previously expressing support for the Syrian opposition. [5] In Lebanon, the decision to abstain was met with criticism and denunciation, considering that 622 Lebanese individuals, including soldiers, remain missing and are presumed to have been held in Syrian prisons. [6]

The Syrian regime’s backlash comes as no surprise, as it has systematically relied on enforced disappearances, torture, and ill-treatment throughout the years to prosecute the resistance, silence dissent, and foster intimidation, and it remains among the most prolific perpetrators of these crimes. In fact, in around 86% of enforced disappearance cases, persons were arbitrarily detained by the Syrian regime, leaving their families oblivious to whether they were still held captive or whether the rumors of their execution or death under torture were true. [7] Additionally, numerous political prisoners are still detained in intelligence units or unofficial detention facilities. [8]

The real number of missing and disappeared individuals remains unclear and is expected to be higher than 120,000, noting that the parties involved in the conflict have yet to reveal the names of people they hold in custody or those that they have released. Countless civilians, including activists and human rights defenders, have also been abducted by armed opposition groups over the course of the conflict and remain missing up to this day. [9]

“This [resolution] is a historical win for Syrian victims,” said Ahmad Helmi, who was kidnapped in 2012 and tortured in different Syrian prisons for three years before his release in 2015. Helmi is the founder of Ta’afi, which supports victims of torture and forced disappearances in Syria. “Now, and only now, I might have the guts to look at my friends whom I left behind in prison and tell them I’m sorry I left you there, but I’m doing all in my power to get you out,” he added. [10]

The independent institution must now be put into operation by UN Secretary-General António Guterres, who is tasked with presenting its terms of reference within 80 working days. The body represents an indispensable mechanism to register and consolidate available information in an impartial, transparent, and confidential manner, while also amplifying the voices of victims and loved ones who have yearned for the truth for over a decade.

Sources and further reading:

[1] Al Jazeera, ‘UN to investigate fate of 130,000 people missing in Syria war’ (30 June 2023) <https://www.aljazeera.com/news/2023/6/30/un-to-investigate-fate-of-130000-people-missing-in-syria-war> accessed 04 July 2023.

[2] France 24, ‘UN General Assembly establishes body to probe fate of Syria's missing’ (29 June 2023) <https://www.france24.com/en/middle-east/20230629-un-general-assembly-establishes-body-to-probe-fate-of-syria-s-missing> accessed 04 July 2023.

[3] United Nations, ‘General Assembly Adopts Resolution Establishing Independent Institution on Missing Persons in Syria, as Speakers Debate Text’s Merit’ (29 June 2023) <https://press.un.org/en/2023/ga12514.doc.htm> accessed 04 July 2023.

[4] VOA News, ‘UN to Establish Independent Body to Clarify Fate of Missing Syrians’ (30 June 2023) <https://www.voanews.com/a/un-to-establish-independent-body-to-clarify-fate-of-missing-syrians-/7161386.html>  accessed 04 July 2023.

[5] Al Jazeera, ‘UN to investigate fate of 130,000 people missing in Syria war’ (30 June 2023) <https://www.aljazeera.com/news/2023/6/30/un-to-investigate-fate-of-130000-people-missing-in-syria-war> accessed 04 July 2023.

[6] Najia Houssari, Arab News, ‘Lebanon abstains from UN vote on resolution over missing Syrians’ (30 June 2023) <https://www.arabnews.com/node/2330616/middle-east> accessed 05 July 2023.

[7] Syrian Network for Human Rights, ‘SNHR Welcomes the UNGA Decision to Establish the Independent Institution on Missing Persons in Syria’ (30 June 2023) <https://snhr.org/blog/2023/06/30/snhr-welcomes-the-unga-decision-to-establish-the-independent-institution-on-missing-persons-in-syria/> accessed 04 July 2023.

[8] Nour Olwan, Euro-Mediterranean Human Rights Monitor, ‘Syria's presidential amnesty: Intimidation disguised as forgiveness’ (07 May 2022) <https://euromedmonitor.org/en/article/5083/Syria%27s-presidential-amnesty:-Intimidation-disguised-as-forgiveness> accessed 04 July 2023.

[9] Amnesty International, ‘Syria: UN member states must support institution for conflict’s disappeared’ (27 June 2023) <https://www.amnesty.org/en/latest/news/2023/06/syria-un-member-states-must-support-institution-for-conflicts-disappeared/> accessed 04 July 2023.

[10] Dawn Clancy, Pass Blue, ‘At Long Last, the UN Votes to Create a System to Find the Fate of Missing Syrians in the War, (29 June 2023) <https://www.passblue.com/2023/06/29/at-long-last-the-un-votes-to-create-a-system-to-find-the-fate-of-missing-syrians-in-the-war/> accessed 05 July 2023.

The full text of the Resolution: United Nations General Assembly, ‘Independent Institution on Missing Persons in the Syrian Arab Republic’ (26 June 2023) <https://documents-dds-ny.un.org/doc/UNDOC/LTD/N23/184/13/PDF/N2318413.pdf?OpenElement>  accessed 04 July 2023.