‘Gaps, Inconsistencies and Discrepancies’ Persist in Syria’s Dossier on Dual-Use Chemical Agents, Security Council Told in Briefing
Consultations on Syria’s chemical programme have taken place between the Organisation for the Prohibition of Chemical Weapons and the Government of Syria, but Damascus’ further cooperation is needed to resolve outstanding issues as gaps and discrepancies persist, the Security Council heard today.
Adedeji Ebo, Deputy to the High Representative of the United Nations Office for Disarmament Affairs, briefing on the implementation of Council resolution 2118 (2013), said that after a gap of more than two and a half years, the twenty-fifth round of consultations between the Declaration Assessment Team of the Organisation for the Prohibition of Chemical Weapons (OPCW) and the Syrian National Authority took place from 30 October to 5 November.
He added that all required Assessment Team experts were deployed to Damascus for the consultations, during which the Team conducted daily technical meetings, revisited the status of outstanding issues, and discussed their means of resolution. Following consultations, Syria provided, via a note verbale, explanations to the results of analysis of samples collected by the Team from two sites during the limited in-country visit. OPCW is now translating and analysing these explanations, with outcomes to be reported.
“It is my sincere hope that this renewed spirit of cooperation can be maintained,” so all outstanding issues regarding the initial and subsequent declarations submitted by Syria can be resolved, he said. Full cooperation by Syria with the OPCW Technical Secretariat is essential to closing all outstanding issues. Considering the unresolved identified gaps, inconsistencies, and discrepancies, at this time the Technical Secretariat assesses that the “declaration submitted by Syria still cannot be considered accurate and complete in accordance with the Chemical Weapons Convention”.
In the ensuing debate, the United States’ representative underscored that there is no debate as to whether the Assad regime has used chemical weapons — “it has”; whether it is compliant with its Convention obligations — “it is not”; whether its chemical weapons programme remains a threat to international peace and security — “it does”; and whether the Council should remain seized of this issue — “it must”.
Council members should not shelter those responsible for committing brutal and inhumane acts against their own people, said Japan’s delegate. He was concerned about the continuing discrepancies and gaps in Syria’s declarations. On 30 November, the Conference of the States Parties to the Chemical Weapons Convention decided that Syria’s continued possession and use of chemical weapons and its failures to destroy all undeclared chemical weapons and production facilities have damaged the object and purpose of the Convention. Syria must resolve all outstanding issues,” he stressed.
The delegate of France said Syria must meet its Convention obligations if it wants to regain its rights and privileges under that instrument. She welcomed the decision adopted at the twenty-eighth Conference of the States Parties urging all to prevent the transfer to Syria of toxic chemicals, their precursors and equipment for manufacturing dual-purpose chemical products.
The United Kingdom’s representative noted that Syria’s limited concession does not redress its non-compliance with the Chemical Weapons Convention and emphasized that the Declaration Assessment Team is entitled to unfettered access to inspect all sites in Syria, not just the limited in-country activities conducted this year. Limited sampling by the Assessment Team in April demonstrated that country’s disregard for the Convention.
Offering a counter argument, the Russian Federation’s delegate said Damascus has fully fulfilled its obligations under Council resolution 2118 (2013) to eliminate its chemical weapons programme. Given the deep crisis of OPCW due to its blatant politicization, it is not a surprise that during the Conference of the States Parties to the Chemical Weapons Convention, a show was staged aimed at preventing the Russian Federation’s re-election to its Executive Council of the Organisation. Such actions, which grossly violate the consensus procedure for nominating candidates, took another step towards the final destruction of the once authoritative organisation.
Sérgio França Danese of Brazil noted that the decision by the Conference of States Parties was adopted by a contentious vote, in which the majority of Member States either voted against or chose to abstain or be absent. “It represents another dangerous step towards the erosion of support in an organisation that was once based on consensus.” Brazil abstained, as this decision runs counter to OPCW’s mandate. Noting that the organisation is facing a “crisis of credibility”, he recalled that, throughout the year, his country has made concrete proposals in OPCW’s policymaking bodies.
Similarly, the United Arab Emirates’ representative, describing as “unprecedented” the recent decision adopted during the twenty-eighth session of the Conference of the States Parties, warned that it will negatively impact the humanitarian situation in Syria, particularly concerning dual-use chemicals essential for peaceful purposes.
Syria’s representative said the hostile statements by some Western countries present a distorted reality, blindly ignoring the serious cooperation his country had over the past 10 years with OPCW and before the enforcement of the Chemical Weapons Convention. Syria has fulfilled all its Convention obligations, destroyed its entire chemical stockpile, and ended its chemical programme.
He said measures in the Council resolution contradict stipulations in the Chemical Weapons Convention’s article XI, which emphasize the need for implementation without obstructing economic and technological development of States and international cooperation for legitimate chemical activities. The text’s adoption begs the question of whether OPCW, given the blatant politicization of its technical work, is able to implement its mandate. OPCW is a platform for targeting nations not marching with Western countries.
THE SITUATION IN THE MIDDLE EAST
Briefing
ADEDEJI EBO, Deputy to the High Representative of the United Nations Office for Disarmament Affairs, briefing on the implementation of Council resolution 2118 (2013), said that after a gap of more than two and a half years, the twenty-fifth round of consultations between the Declaration Assessment Team of the Organisation for the Prohibition of Chemical Weapons (OPCW) and the Syrian National Authority took place from 30 October to 5 November. All Assessment Team experts were deployed to Damascus for the consultations, during which the Team conducted daily technical meetings, revisited the status of all outstanding issues, and discussed their means of resolution. Following the consultations, Syria provided, via a note verbale, explanations to the results of analysis of samples collected by the Assessment Team from two sites during the limited in-country activities, which took place in April. OPCW is in the process of translating and then analysing these explanations, with outcomes to be reported.
He said: “It is my sincere hope that this renewed spirit of cooperation can be maintained,” so all outstanding issues regarding the initial and subsequent declarations submitted by Syria can be resolved. This includes the complete declaration of activities at the Scientific Studies and Research Centre and the declaration of quantities of nerve agents produced at one chemical weapons production facility, which Syria said was never used to produce chemical weapons.
OPCW, he also reported, conducted the next — tenth — round of inspections of the Barzah and Jamrayah facilities of the Research Centre, this month. The outcome will be reported in due course. However, as of the date of this month’s report, Syria has yet to provide sufficient technical information or explanations that would enable OPCW to close the issue related to the detection of a Schedule 2 chemical at the Barzah facilities. OPCW also continued its engagement with the Syrian National Authority regarding the observation during the ninth round of inspections of boxes containing a chemical of a dual-use nature stored in large quantities at the Barzah facility’s chemical storage warehouse.
Through a note verbale dated 21 August, Syria provided some information previously requested by the Secretariat. Through its note verbale dated 12 October, it informed the OPCW Technical Secretariat that additional inquiries would be discussed with the relevant Research Centre staff during the inspections. OPCW requested information regarding the unauthorized movement of the two cylinders related to the chemical weapon incident in Douma on 7 April 2018, which were allegedly destroyed in an attack on a chemical weapons production facility. The secretariat has not received a response to this request. Full cooperation by Syria with the OPCW Technical Secretariat is essential to closing all outstanding issues. Considering the unresolved identified gaps, inconsistencies, and discrepancies, at this time the Technical Secretariat assesses that the “declaration submitted by Syria still cannot be considered accurate and complete in accordance with the Chemical Weapons Convention”.
He called on Syria to continue its cooperation with the secretariat and to respond with urgency to its requests. The OPCW fact-finding mission continues to study all available information related to allegations of the use of chemical weapons in Syria. The mission is currently preparing upcoming deployments and will report its results to the Executive Council. The Investigation and Identification Team continues its investigations into incidents in which the mission has determined that chemical weapons were used or likely used in Syria and will issue further reports, he said. Regarding the Tripartite Agreement concluded between OPCW, the UN Office for Project Services (UNOPS), and Syria, all parties have agreed to an extension, which is currently being finalized, for a period of six months, covering from 1 January 2024 up to and including 30 June 2024.
Statements
JOHN KELLEY (United States) noted that, for 10 years, the United States, alongside most of the international community, has called out the Syrian authorities’ repeatedly regarding ongoing violations of the Chemical Weapons Convention and resolution 2118 (2013). Protecting the global non-proliferation regime means recommitting to preventing further chemical-weapon attacks and proliferation, as well as holding the Assad regime accountable. To that end, he welcomed the November decision by OPCW that Syria’s continued possession and use of chemical weapons caused serious damage to the objectives and purpose of the Convention. Against that backdrop, he underscored that there is no debate as to whether the Assad regime has used chemical weapons — “it has”; whether it is compliant with its Convention obligations — “it is not”; whether its chemical weapons programme remains a threat to international peace and security — “it does”; and whether the Council should remain seized of this issue — “it must”.
DMITRY A. POLYANSKIY (Russian Federation) said it is no secret that OPCW and its Technical Secretariat have long been nothing more than an obedient weapon for a group of Western States, and new anti-Syrian decisions fit into this unflattering picture. He cited the recommendation adopted at the twenty-eighth session of the General Conference of the States Parties to the Chemical Weapons Convention to prevent the supply of dual-use chemicals, equipment and technologies to Syria. It is telling that only 65 of 194 OPCW member States associated themselves with it — indicative of the crisis in the organisation caused by States “gripped by an anti-Syrian and anti-Russian hysteria”. He noted that the decision on full or partial cessation of economic relations with countries falls under the exclusive prerogative of the Council, as OPCW has no such mandate, and sanctions “are not introduced in order to economically suffocate a country that someone may not like”.
He said that many of the substances included in the prevention list are actively used in agriculture and medicine, and a ban will lead to greater degradation of the humanitarian situation in Syria. Further emphasizing that insinuations that the country has preserved its chemical warfare capacities are believed by a limited number of anti-Syrian States. Damascus has fully fulfilled its obligations under Council resolution 2118 (2013) to eliminate its chemical weapons programme. Given the deep crisis of OPCW due to its blatant politicization, it is not a surprise that during the Conference of the States Parties to the Chemical Weapons Convention, a show was staged aimed at preventing the Russian Federation’s re-election to its Executive Council of the Organisation. Such actions, which grossly violate the consensus procedure for nominating candidates, took another step towards the final destruction of the once authoritative organisation.
IRIYA TAKAYUKI (Japan), stressing that chemical weapons use should not be tolerated, said that Council members should not shelter those responsible for committing brutal and inhumane acts against their own people. He expressed concern over the continuing discrepancies, gaps and inconsistencies in Syria’s initial and subsequent declarations. He reported that, on 30 November, in The Hague, the Conference of the States Parties to the Chemical Weapons Convention decided that Syria’s continued possession and use of chemical weapons and its failures to destroy all undeclared chemical weapons and production facilities, have damaged the object and purpose of the Convention. “Syria must continue their engagement and cooperation in good faith with the OPCW Technical Secretariat to resolve all outstanding issues,” he stressed, also voicing concern over the undeclared chemical warfare agents found at two sites in that country during the limited in-country activities in April.
REEM MOHAMED SALEH YESLAM ALAMERI (United Arab Emirates) said that maintaining dialogue between OPCW and Syria remains crucial to making progress on outstanding matters. It is critical to uphold OPCW’s technical nature and the consensus principle to ensure that files are not politicized, he stressed. Describing as “unprecedented” the recent decision adopted during the twenty-eighth session of the Conference of the States Parties to the Chemical Weapons Convention, she warned that it will negatively impact the humanitarian situation in Syria, particularly concerning dual-use chemicals essential for peaceful purposes. The threats of chemical terrorism cannot be overlooked, especially as Da’esh continues to launch its attacks in Syria, she said. Turning to the situation in Gaza, she expressed deep concern over reports of Israel’s use of white phosphorus as an incendiary weapon in Gaza and Lebanon.
ARIAN SPASSE (Albania) said Syria should have destroyed its chemical weapons and related facilities by now, but unfortunately this is not the case. He noted that 20 out of 24 issues raised by the OPCW secretariat remain unresolved, including undeclared chemical weapons used in attacks. He expressed concern about undeclared stockpiles of chemical weapons and related facilities, while welcoming the twenty-fifth round of consultations in November. He expressed further concern about the results of analyses of samples by the Declaration Assessment Team in April from two sites, which indicate chemical warfare items not previously declared. He believes the Tripartite Agreement should be further extended. Syria must understand it must fully declare and destroy its chemical weapons programme in a transparent and verifiable manner, he said, adding that it should fully cooperate with OPCW in compliance with Security Council resolution 2118 (2013). The Council needs to take responsibility for implementing its resolutions, he said.
SUN ZHIQIANG (China) reiterated his country’s consistent opposition of the use of chemical weapons — by anybody, under any circumstance, for any purpose — and expressed hope that the world will be free of those weapons as soon as possible. Additionally, China has always called for the resolution of all outstanding issues with Syria’s initial declaration through dialogue and consultation. Encouraging the OPCW Technical Secretariat and Syrian Government to work towards this end, he stressed that external parties must maintain positive momentum for cooperation between the two sides. He also expressed hope that the Technical Secretariat will make tangible efforts to safeguard the technical attributes of OPCW. China has always maintained that the Council should reduce the frequency of its deliberations on this issue to save resources and increase efficiency. He looks forward to a formal arrangement by Council members.
THOMAS PATRICK PHIPPS (United Kingdom) welcomed the twenty-fifth round of consultations between OPCW and the Syrian regime in November in Damascus. Noting that Syria’s limited concession does not redress its non-compliance with the Chemical Weapons Convention, he emphasized that the Declaration Assessment Team is entitled to unfettered access to inspect all sites in Syria, not just the limited in-country activities conducted this year. Limited sampling by the Assessment Team in April demonstrated that country’s disregard for the Convention. Stressing that outstanding issues on Syria’s Chemical Weapons Declaration are not academic, he said they include the whereabouts of hundreds of tons of chemical weapons agents and thousands of munitions. The Security Council should not reduce its attention to Syria’s file due to the lack of progress, he emphasized, adding: “We owe it to the thousands of victims of chemical weapons attacks.”
CHRISTOPH DAVID CARPENTER (Switzerland), welcoming the twenty-fifth round of consultations between OPCW’s Declaration Assessment Team and the Syrian authorities, said Damascus has yet to provide answers to 20 points left unresolved in its initial declaration. He expressed concern over indicators of several undeclared chemical warfare agents at two sites in Syria, reporting that over the last 10 years, 25 chemical attacks documented by OPCW and the UN have taken place in that country. However, since adoption of Security Council resolution 2118 (2013), the Council’s regular meetings have served to prevent the development, production, stockpiling, retention, transfer and use of chemical weapons. “Those who use chemical weapons in Syria, as elsewhere, must be brought to justice; their impunity is unacceptable,” he stressed, welcoming formal cooperation between OPCW and the International, Impartial and Independent Mechanism for Syria.
HAROLD ADLAI AGYEMAN (Ghana), also speaking for Gabon and Mozambique, voiced hope that the new chapter of constructive cooperation that opened between Syria and the Declaration Assessment Team in November will foster momentum towards addressing all outstanding issues. This should reverse the slow pace of progress to confirm the complete and verifiable elimination of Syria’s chemical weapons programme. He encouraged Damascus to fulfil its obligations in line with Security Council resolution 2118 (2013) and the Convention on Chemical Weapons. Considering the multiplicity of crises facing Syria, “we believe that the prompt and satisfactory resolution of the country’s chemical weapons programme can help redirect international efforts” towards resolving its political and humanitarian problems, he affirmed.
Stressing the grave and serious threat that chemical weapons pose to international peace and security, he called on the international community to “live up to our responsibility to protect mankind from these weapons”. This cannot be accomplished without a common commitment to the promotion of strict adherence to international instruments that prohibit the use of chemical weapons by anyone, anywhere and under any circumstances. Urging all stakeholders to show their full commitment in resolving all outstanding issues to remove lingering doubts over the production and possible use of chemical weapons in Syria, he underscored the need for a definitive closure of the issues pertaining to that programme.
FRANCESCA MARIA GATT (Malta) said independent OPCW and joint UN-OPCW investigations have concluded that the Syrian regime has used chemical weapons against its own people nine times. “This is unconscionable.” She noted that 10 years after acceding to the Chemical Weapons Convention, Syria has still has not declared or destroyed all its chemical weapons stockpiles. “This is unacceptable.” She is alarmed by analyses of samples collected by the Assessment Team in April revealing indicators of several chemical warfare agents that were not declared at two sites and that Syria failed to provide the Secretariat with an explanation within the requested timeline. Rather, it submitted a note verbale more than a month later. “This is deeply concerning.” She said the twenty-fifth round of consultations are a positive step. She urged Syria to continue cooperating with the Technical Secretariat and to submit all requested documents to close all outstanding issues. “The lack of progress on this front is deplorable, and Syria bears complete responsibility for it.”
CLARISSE PAOLINI (France) noted that, more than 10 years after Syria joined the Chemical Weapons Convention, it still does not respect its obligations thereunder. It has used chemical weapons against its own population, including after joining the Convention. Such serious acts must not go unpunished. To that end, France supports work to establish the relevant facts, identify those responsible for the use of those weapons and ensure that the individuals are held accountable. Syria must meet its Convention obligations if it wants to regain its rights and privileges under that instrument, she said, welcoming the decision adopted at the twenty-eighth Conference of the States Parties calling on States to prevent the transfer to Syria of toxic chemicals, their precursors and equipment for manufacturing dual-purpose chemical products. As Syria’s possession and use of chemical weapons continues to threaten peace, security and the non-proliferation architecture, she urged the Council to maintain vigilance on this issue.
SÉRGIO FRANÇA DANESE (Brazil) noted that the decision adopted by the Conference of the States Parties to the Chemical Weapons Convention was adopted by a contentious vote, in which the majority of Member States either voted against, or chose to abstain or to be absent. “It represents another dangerous step towards the erosion of support in an organization that was once based on consensus,” he said. Brazil abstained, as this decision runs counter to OPCW’s mandate. Noting that the organisation is facing a “crisis of credibility”, he recalled that, throughout the year, his country has made concrete proposals in OPCW’s policymaking bodies. He expressed regret that, instead of addressing these issues, the decision will contribute to furthering distrust and increasing divides among Member States. “Enhanced cooperation between Syria and the OPCW Technical Secretariat remains our best hope for closing the so-called ‘Syrian chemical dossier’”, he added.
JOSÉ JAVIER DE LA GASCA (Ecuador), President of the Security Council for December, speaking in his national capacity, welcomed the twenty-fifth round of consultations between the Declaration Assessment Team and Syria, stating that good faith dialogue and collaborative work are the best mechanisms for positive results. However, he voiced concern over the results of the sample analyses by the Team in April, which could indicate undeclared activities at those locations. He urged Syria to continue cooperating with OPCW and to remain committed to the full implementation of its obligations under the Chemical Weapons Convention and resolution 2118 (2013). Any incident involving chemical weapons use must be addressed with full transparency and subjected to exhaustive investigations. He reiterated the robust rejection of the production and stockpiling of chemical weapons and condemned their use by anyone, against anyone, anywhere, under any circumstances.
ALHAKAM DANDY (Syria) said the hostile statements by some Western countries present a distorted reality, blindly ignoring the serious cooperation his country had over the past 10 years with OPCW and before the enforcement of the Chemical Weapons Convention. Syria has fulfilled all its Chemical Weapons Convention obligations, destroyed its entire chemical stockpile, and ended its chemical programme. He said measures in the resolution contradict stipulations in article XI of the Chemical Weapons Convention, emphasizing the Chemical Weapons Convention’s implementation without obstructing economic and technological development of States and international cooperation for legitimate chemical activities. The resolution’s adoption begs the question of whether OPCW, given the blatant politicization of its technical work, is able to implement the mandate stipulated in the Chemical Weapons Convention. OPCW is a platform for targeting nations not marching with Western countries, he said.
He highlighted that the Syrian National Authority was cooperating with the OPCW Technical Secretariat, including submitting monthly reports on activities conducted, facilitating the holding of the twenty-fifth round of consultations. During that, it provided full facilities to the team and cooperated with it, extending the Tripartite Agreement to facilitate the activities of OPCW in Syria, submitting all documents covering the OPCW Technical Secretariat’s inquiries about dual-use material seen by the inspection team at the Scientific Studies and Research Centre. It welcomed the Technical Secretariat team’s conduct of the tenth inspection visit to the Research Centre from 1 to 6 December. It has provided all necessary facilities and information required for the team’s success. He called on the Technical Secretariat to adhere to the provisions of the Chemical Weapons Convention, to conduct a comprehensive review of its approach and reports, and not to allow itself to be a vehicle for the goals of a group of countries.
SATTAR AHMADI (Iran) said that his country, “as the primary victim of the most systematic use of chemical weapons in contemporary history”, strongly condemns any use of those weapons. Prevention requires global-scale destruction and policies to halt their production, he said, adding: “Politicizing the Convention’s implementation and using of the Organisation for the Prohibition of Chemical Weapons for political ends must be avoided.” Noting that Syria has been the target of such attempts by specific States, he commended that Government for its commitment to ongoing cooperation with OPCW, while detailing recent activities by the Syrian Government in this field. This includes a high-level meeting between the Syrian Foreign Minister and the Director General of OPCW. Iran supports the idea of constructive dialogue between Syria and OPCW and urges a specific timeframe to address remaining issues and bring the file to a final resolution.
CEREN HANDE ÖZGÜR (Türkiye) noted that the use of chemical weapons on nine occasions has been independently attributed to the Syrian regime by both the UN and OPCW, occurring both before and after Syria became party to the Chemical Weapons Convention in 2013. Under that instrument, Syria is obliged to submit a timely, accurate and complete declaration relating to chemical weapons and facilities on its territory. However, 10 years on, such declaration remains incomplete. Noting resumed consultations in Damascus between the Declaration Assessment Team and Syrian authorities in November, she called on the Syrian regime to fully comply with OPCW in accordance with the Convention and resolution 2118 (2013). Ensuring accountability for the use of chemical weapons is essential to preventing the recurrence of similar incidents, she stressed, adding that her country will continue to support efforts by the UN and OPCW to establish the facts and hold all perpetrators accountable.