2 The EU approach to Syria
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11482/13
JOIN (13) 22
| Joint Commission/HR Communication: Towards a comprehensive EU approach to the Syrian crisis
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| Legal base | —
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| Document originated | 24 June 2013
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| Deposited in Parliament | 26 June 2013
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 2 August 2013
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| Previous Committee Report | None; but see (35122) 10759/13: HC 83-ix (2013-14), chapter 1 (10 July 2013) and HC 83-xiii (2013-14), chapter 45 (4 September 2013)
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| Discussion in Council | To be determined
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| Committee's assessment | Politically important
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| Committee's decision | For debate on the Floor of the House
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Background
2.1 In its 4 June 2013 Fact Sheet, the European Union describes
its response so far to the crisis in Syria. This includes 22 sets
of restrictive measures.[4]
Further information on the most recent of these measures, and
the background to them, is set out elsewhere in this Report.[5]
The Joint Commission/High Representative (HR) Communication
2.2 This Joint Commission/HR Communication reviews the conflict
and its consequences both in Syria and its neighbouring countries
in terms that are by now depressingly familiar and proposes a
comprehensive European Union (EU) response. It describes a number
of areas in which the EU does or should focus its efforts, and
methods by which this will continue or could be carried forward.
They are most succinctly summarised in the following:[6]
What we intend to do:
- Support a political settlement through a robust EU position
at the up-coming 'Geneva II' international conference.
- Engage with the opposition so it takes part in the 'Geneva
II' conference and is represented by legitimate interlocutors
that can make commitments.
- Further work to ensure the access of humanitarian assistance
to all conflict-affected areas.
- Develop further exemptions to the sanctions regime to provide
support to the Syrian population.
- Increase EU budget financial assistance by €400 million
in 2013 to cover priority needs of affected population in Syria
and the region.
- Increase support for hosting communities in the countries
neighbouring Syria, in order to support and enhance their capacity
to deal with the refugees.
- Continue urging the United Nations to deal with claims of
violations of human rights, international humanitarian law and
fundamental freedoms.
- Encourage solidarity with particularly vulnerable persons
who may be in need of resettlement.
- Prevent the radicalisation of EU citizens and deal with EU
'foreign fighters' that have travelled to the conflict zone.
- Prepare for the post-conflict reconstruction and rehabilitation
phase.
The Government's view
2.3 In his Explanatory Memorandum of 2 August 2013, the Minister
for Europe (Mr David Lidington) says that, although the document
is in final form and was produced by the European Commission and
the High Representative for Foreign and Security Policy without
Member State consultation:
— the
Government will "have the opportunity to comment on any follow-up
discussions through normal processes";
— the
overall direction of EU Syria policy will continue to be discussed
regularly at the Foreign Affairs Council;
— some
work strands in the communiqué will go back to the Political
and Security Committee[7]
or the appropriate geographical working groups for further discussion;
and
—
Ministers will be consulted before any action is taken forward.
2.4 The Minister comments on the EU's key priorities
in more detail below, and begins by saying that the Government
"does not believe the EU is best placed to take forward work
in all of the areas outlined in the document; it should focus
on areas set out in the document in which it has particular expertise".
2.5 He continues as follows:
"These include:
a) "Humanitarian assistance, access and
co-ordination;
b) "Developing the sanctions regime;
c) "Increasing the EU humanitarian budget
on Syria; and
d) "Preparing for post-conflict reconstruction
and rehabilitation.
"The Commission state that the first priority
of the EU is to promote a political settlement aimed at ending
the violence. The EU should continue to actively support the US/Russia
efforts to revive political negotiations on the basis of the 2012
Geneva Communiqué. The EU should continue its engagement
with the Syrian National Coalition, whilst remaining open to cooperation
with other moderate groups, and assist them so that they can constitute
themselves as credible interlocutors. With all partners and interlocutors,
the EU will continue to emphasise the urgent need for political
process and negotiations with the objective of ending the conflict
swiftly and limiting any further regional contagion. This is in
line with UK policy. We are putting our full weight behind the
Geneva II process and are increasing our assistance to the moderate
Syrian opposition, who we recognise as the sole legitimate representative
of the Syrian people.
"In promoting the most important elements of
the Geneva Communique, the commitment to accountability and national
reconciliation should be emphasised, especially the need for a
comprehensive package for transitional justice, including compensation
or rehabilitation for victims of the conflict as well as steps
towards national reconciliation. The EU position should remain
that, if concerns about war crimes and crimes against humanity
are not adequately addressed on a national level, the International
Criminal Court should deal with the situation. We support the
EU's position on this and have been consistent in our call for
the situation in Syria to be referred to the International Criminal
Court.
"The Commission recognises the seriousness of
the humanitarian crisis. The EU is the biggest donor of humanitarian
aid. Their aim is to increase EU humanitarian assistance by €250
million to reach a total of €515 million to reach inside
Syria and its neighbouring countries for the remainder of 2013.
Going forward, the EU should develop confidence building measures
to be implemented progressively with a view to promoting: access
to humanitarian aid and unimpeded access for humanitarian workers;
a respect for international humanitarian law; the release of political
prisoners; the return of UN observers and the gradual implementation
of a ceasefire.
"The UK condemns all restrictions imposed on
humanitarian actors who are working to meet the needs of those
in desperate need in Syria. We remain in close contact with our
humanitarian partners on this issue and support the EU's approach
to developing new measures in addressing the humanitarian situation.
"The report also sets out how the EU aims to
develop further exemptions to the sanctions mechanism to increase
pressure on the Assad regime and support the Syrian population
and legitimate opposition. This now includes exemptions to be
introduced for economic measures in the oil, gas and banking sectors.
The Syrian National Coalition will be consulted as part of this
process, with particular focus on exemptions on sanctions which
will support basic services, reconstruction and restoring normal
economic activity in opposition held areas in Syria. This approach
is fully in line with UK government policy which remains committed
to targeted, legally robust designations that will best support
the aim of putting pressure on the Assad regime, and providing
support to the legitimate, moderate Syrian opposition. We view
sanctions as an important tool in order to bring both sides to
a negotiated political settlement."
2.6 With regard to the Financial Implications,
the Minister notes:
"The total cost from EU funding is set at €840
million, which also includes support to Syria's neighbouring countries.
In 2013 this will be drawn from 10 instruments: European Neighbourhood
and Partnership Instrument; European Instrument for Democracy
and Human Rights; Development Co-operation Instrument; Instrument
for Nuclear Safety Cooperation; Instrument for Stability; Common
Foreign Security Policy; Macro-Financial Assistance; Health for
Undocumented Migrants and Asylum; Civil Protection and European
Agency for Reconstruction."
2.7 Finally, concerning post-publication discussion,
the Minister says:
"Member states were not given the opportunity
to comment on this document before it was published. The UK has
since given views on it at the 2 July Political and Security Committee.
These were consistent with those set out above."
Conclusion
2.8 Given recent developments in Egypt, the situation
in the Middle East is without doubt the most serious foreign policy
crisis facing the West. In Syria, the question of whether there
will be single political entity with which the EU can engage is
moot.
2.9 The EU's role thus far has been of considerable
significance. Even though the future direction of travel is even
more uncertain, it will no doubt continue to be so. We recommend
that a further debate should be held on the Floor of the House.
It will give the Minister the opportunity both to bring the House
up to date and also explain which proposals in this document he
does not favour, and why. And, of course, the House the opportunity
to debate whatever situation then obtains and how best to tackle
it.
4 Council Factsheet http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/128379.pdf. Back
5
See headnote: (35122) 10759/13 at Chapter 45 of this Report. Back
6
See JOIN(13) 22, page 4. Back
7
The committee of ambassador-level officials from national delegations
who, by virtue of article 38 TEU, under the authority of the High
Representative for Foreign Affairs and Security Policy (HR) and
the Council, monitor the international situation in areas covered
by the CFSP and exercise political control and strategic direction
of crisis management operations, as set out in article 43 TEU.
The chair is nominated by the HR. Walter Stevens was appointed
as Chair of the Political and Security Committee on 21 June 2013.
He was then working in the Headquarters of the EEAS, as Head
of the Crisis Management and Planning Directorate; he previously
served as Permanent Representative of Belgium to the Political
and Security Committee and to the West European Union. Back
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