LAYING THE FOUNDATIONS FOR ADDRESSING THE ISSUE OF MISSING PERSONS
EXCUTIVE SUMMARY
This paper discusses the issue of Syria’s missing and disappeared persons in the context of transitional justice and the anticipated political settlement of the ongoing Syrian crisis. It focuses on the importance of addressing the issue of the missing at several levels, including the future Syrian constitution, domestic legislation, and the content of the hoped-for political settlement, which should contribute to the implementation of the pillars of transitional justice. The paper highlights the necessity of involving Syrian civil society, especially representatives of the families of victims of enforced disappearance and survivors, in this process, to ensure their rights and strengthen the legitimacy of achieving sustainable peace and laying the foundations for building a state of law.
The paper aims to provide the parties involved in negotiations regarding Syria’s future with technical information on the necessary guarantees to address the issue of the missing in any upcoming political settlement. It also seeks to serve as a reference tool for civil society organizations and associations of victims’ families and survivors to support advocacy efforts on this issue. The paper reviews several peace agreements from countries that have experienced conflicts and systematic human rights violations, offering examples of how the issue of the missing was incorporated into political settlements after these conflicts. Among other issues, it addresses the importance of investigating the fate of the missing and providing compensation to victims and their families, whether material or moral, as a key pillar of transitional justice. It also emphasizes the need for accountability for those responsible for systematic human rights violations, as a prerequisite for achieving justice for victims, preventing the recurrence of such violations, and combating the culture of impunity. The paper also touches on the issue of amnesty, which may include some of those involved in committing violations, under certain conditions and within the framework of applying the pillars of transitional justice.
The paper concludes by highlighting the current status of the issue of the missing and detained in Syria, as well as previous efforts that have not yet yielded results. It reaffirms that addressing the issue of the missing is a fundamental part of any future political settlement in Syria, and that such a settlement will be of little value unless it leads to genuine political change and the establishment of a state governed by the rule of law. This includes repealing repressive laws, particularly those enabling enforced disappearance, providing future guarantees to prevent its recurrence, releasing detainees, uncovering the fate of the missing, compensating victims, and holding perpetrators accountable. The paper calls on all relevant parties to prioritize the issue of the missing and not use it as a bargaining chip in negotiations, stressing that it must remain a humanitarian issue above political interests and considerations.
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