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| Eighth
Semi-Annual Report of the Secretary-General to the Security Council on the Implementation
of Security Council Resolution 1559 (2004) 16th October 2008 I. Background 1. The present report is my eighth semi-annual report on the implementation of Security Council resolution 1559 (2004). It provides an update on progress in the implementation of the resolution, and highlights areas of concern that continue to impede on efforts to strengthen Lebanons sovereignty, territorial integrity and political independence. 2. Over the last 6 months, Lebanon has experienced both the ruinous effects of sectarian violence and hope and optimism. 3. On 6th May the Lebanese Cabinet declared Hizbullahs secure communication network separate from the States system "illegal and unconstitutional" and announced the dismissal of the chief of security of the Beirut International Airport. In protest, Hizbullah closed all roads leading to and from Beirut airport and other principal roads in parts of the capital. Hizbullah stated that its actions would continue until the Government rescinded both decisions. Later that day, exchanges of fire between members of the opposition and pro-Government forces took place throughout several districts of Beirut. Pro-Government groups closed the main border crossing between Lebanon and Syria. The violence escalated and spread to other parts of the country, which on occasion included the use of heavy weaponry. This brought the country to an effective standstill. Hostilities continued until 14th May and led to 69 fatalities and over 180 wounded. During these clashes, many alleged human rights violations were registered, including illegal detention and ill-treatment, civilian deaths, instances of summary executions, destruction of private property, and attacks on media and freedom of expression. 4. On 11th May, the League of Arab States convened for an emergency meeting. It decided to dispatch a delegation to Beirut, and condemned the use of armed violence to achieve political objectives. On 14th May, a Ministerial Committee of Arab Foreign Ministers headed by the Prime Minister of Qatar, Sheikh Hamad Bin Jassem Al-Thani and by the Secretary-General of the League of Arab States, Amre Moussa, travelled to Lebanon. The Committee held discussions with the parties aimed at ending the crisis. On 15th May, the Cabinet rescinded its decisions of 6th May. Shortly afterwards, the Arab Committee announced an inter-Lebanese understanding that called for calm on the streets and the withdrawal of all armed elements. The agreement also called for a Lebanese National Dialogue to begin the following day in Doha, aiming to seek consensus on the issues of a national unity government and certain aspects of a new electoral law, thereby enabling the election of a President of the Republic. 5. Lebanese political leaders travelled to Doha on 16th May. Through intense efforts led by the Emir of Qatar, his Prime Minister and the Secretary-General of the League of Arab States, Lebanese leaders reached a comprehensive political understanding on 21st May, leading to the election of General Michel Suleiman as President of the Republic of Lebanon on 25th May. On the eve of this election, the long-standing protests outside the Prime Minister's office were brought to an end. 6. On 11th July President Suleiman issued a decree forming the 70th Lebanese Cabinet. On 12th August, the new cabinet and its policy statement received an overwhelming vote of confidence from Parliament. 7. At the invitation of President Bashar Al-Assad, on 13th and 14th August President Suleiman visited Syria where a series of agreements were reached of significant relevance to the implementation of resolution 1559 (2004). On 15th October, the Foreign Ministers of Lebanon and Syria signed in Damascus a memorandum establishing diplomatic relations between the two countries. 8. Despite the reconciliation agreement reached in Doha, over the reporting period there have been violent clashes leading to fatalities, in particular in and around the northern city of Tripoli. In particular, on 13th August, an improvised explosive device was detonated at a bus stop frequently used by Lebanese Army soldiers in Tripoli, killing 15 people, including 10 soldiers. 9. On 10th September, Saleh Aridi, a senior member of the Lebanese Democratic party was killed in a car bomb in Baysur. This was the first political assassination in the country since the reconciliation accord reached in Doha. 10. On 16th September President Michel Suleiman convened at the Baabda palace the first session of the National Dialogue pursuant to the Doha Agreement to discuss the reinforcement of the States authority throughout the country, and a national defence strategy. The Secretary-General of the League of Arab States attended the meeting. In parallel, a series of reconciliation efforts have been undertaken by Lebanese political parties. 11. On 29th September, a new terrorist attack targeted the Lebanese Armed Forces in the city of Tripoli, killing six people, including four soldiers. 32 people were injured, 18 of whom were soldiers. II. Implementation of Resolution 1559 (2004) 12. Since the adoption of Security Council Resolution 1559 in September 2004, several of its provisions have now been implemented. In my second semi-annual report of 26 October 2005 (S/2005/673), I was able to certify that free and credible parliamentary elections had taken place in spring 2005. The same conclusion applied to the withdrawal of Syrian troops, military assets and the military intelligence apparatus from Lebanon. During this reporting period, a President of the Republic was finally elected, consistent with the provisions of the resolution, thus reviving the constitutional institutions of the country. In addition, Lebanon and Syria have engaged in high level talks on matters of relevance to Lebanons sovereignty, political independence and territorial integrity such as the establishment of diplomatic relations and the delineation of an international boundary between the two countries, as strongly encouraged by the Security Council in its resolution 1680 (2006). I am therefore glad to report on major strides towards the full implementation of the requirements of resolution 1559 (2004). 13. Meanwhile, the clashes that took place last May and the several security incidents throughout the reporting period, in particular in northern Lebanon, continue to emphasize the threats posed by the presence of militias to the stability of the country, and the need for the Government of Lebanon and the Lebanese Armed forces to exercise the monopoly on the use of force throughout Lebanon. Resolution 1559 thus remains to be implemented in full. 14. Over the last six months, my representatives and I have remained in regular and close contacts with all parties in Lebanon, as well as with relevant regional and international players. A. Sovereignty, Territorial Integrity, Unity, and Political Independence of Lebanon 15. The main objective of resolution 1559 (2004) is to strengthen the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon, consistent with the Taif Agreement of 1989 to which all the political parties in Lebanon committed. I continued to assign to this matter the highest priority in my efforts to assist with the implementation of the resolution. In this context, I welcome President Suleimans appeal, in his inaugural speech, for unity and national dialogue, and his vow to protect the countrys constitution, sovereignty and independence. I also welcome his commitment to the UN charter and resolutions. 16. I have maintained my efforts to encourage the early initiation of a process between Lebanon and Syria, based on an agreed action agenda, which would eventually lead to the establishment of full diplomatic relations, in fulfilment of the relevant provisions of Security Council resolutions 1680 (2006) and 1701 (2006) emanating from resolution 1559 (2004). 17. On 12th July, President Nicolas Sarkozy of France convened a summit in Paris with President Michel Suleiman of Lebanon, President Bashar Al-Assad of Syria and His Highness Sheikh Hamad Bin Khalifa Al-Thany, Emir of Qatar. At its conclusion, the President of France announced that the Presidents of Lebanon and Syria had informed him of their willingness to exchange ambassadors. On 14th August, the Lebanese and Syrian Presidents concluded two days of talks in Damascus with the release of a joint statement read out at a press conference held by the foreign ministers of the two countries, Mr. Fawzi Salloukh and Mr. Walid Muallem. In line with the commitment obtained in Paris, the communiqué announced the agreement of the two states to establish diplomatic relations at the ambassadorial level. On 21st August, the Lebanese cabinet endorsed the decision to establish diplomatic relations with the Syrian Arab Republic and to open an embassy in Damascus. On 14th October, President Bashar Al Assad signed a decree establishing diplomatic relations between Syria and Lebanon. This decree also stated that a Syrian embassy would be established in Beirut. On 15th October, the Foreign Ministers of Syria and Lebanon signed in Damascus a memorandum announcing the establishment of diplomatic relations effective the same day. In the same document, both parties re-affirmed their determination to reinforce and consolidate their relations on the basis of mutual respect for their sovereignty and independence. The Presidents of Lebanon and Syria informed me that indeed embassies would be established in both capitals by the end of 2008. I commend the leaders of Lebanon and Syria for these new significant steps towards the full implementation of resolutions 1559 (2004) and 1680 (2006), and look forward to the opening of embassies in both capitals. 18. I have also maintained my efforts to encourage Syria and Lebanon to achieve the full delineation of their common border, which remains an element of crucial importance to a number of explicit operational requirements of resolutions 1559 (2004), 1680 (2006) and 1701 (2006). During the reporting period, there has not yet been significant progress on this matter. 19. In this context, I took note that at the conclusion of the Lebanese-Syrian summit held in Damascus on 13th-14th August, the two parties announced the revival of the work of the joint committee for delineating the common borders based on priorities that would be set by both sides. I welcome the renewed intention of Syria and Lebanon to make progress on this matter and expect its early materialization, in particular in those areas where the border is uncertain or disputed. 20. On 30th August the Council of Ministers of Lebanon denounced the trespassing into Lebanese territory in Deir Al-Ashayer, in the eastern Bekaa Valley, of Syrian citizens, reportedly to dig two wells on Lebanese territory. I recall that I have already reported in my letter to the Security Council of 23rd May 2005 (S/2005/331) and in my second semi-annual report on the implementation of security council 1559 (2004) (S/2005/673), that the status of Deir Al-Ashayer area remains unclear and needed to be addressed in a formal border agreement to guarantee the territorial integrity of Lebanon. This incident exemplifies the importance of the timely implementation of tangible measures towards the delineation of the border between Syria and Lebanon. 21. I have continued my cartographic and diplomatic work in relation to the issue of the Shaba Farms area, and will further report on this in my upcoming report on the implementation of Security Council resolution 1701 (2006). 22. Preventing breaches of the arms embargo is a critical element for strengthening Lebanons sovereignty, territorial integrity, unity and political independence. I remain concerned by the general porosity of the Syrian-Lebanese borders that renders it easily penetrable. Further, the permanent presence of para-military infrastructures belonging to the Popular Front for the Liberation of Palestine-General Command and Fatah al-Intifadah, that straddle the border, gives such groups de facto control of parts of the border. A number of Member States have also expressed to me their growing concern that weapons and fighters continue to flow across the Syrian-Lebanese border. I recall the conclusion of the recent report of the Lebanon Independent Border Assessment Team (S/2008/582) that in general, Lebanon has not yet succeeded in enhancing the overall security of its borders in any significant manner. In that context, it is important that all states, in particular neighbouring states, abide by the arms embargo as called for in resolution 1701 (2006). 23. Syria has continued to deny any involvement in effecting breaches of the arms embargo. At the conclusion of the Syrian-Lebanese summit held in Damascus on 13th-14th August, the two parties agreed to work together to control the border and halt smuggling operations through action by the relevant authorities, and by coordinating activities on both sides of the border. The President of Lebanon has confirmed to me that special committees would be established to address this matter. I welcome this commitment. 24. Over the last few weeks, the Syrian army has intensified its deployment along the northern Syrian-Lebanese border. President Michel Suleiman indicated publicly that his Syrian counterpart President Bashar Al-Assad informed him that the deployment of troops along Lebanons northern border was meant to contain smuggling activities, and falls within the framework of the outcome of the Lebanese-Syrian summit held in Damascus last August, and was in conformity with the requirements of resolution 1701 (2006). However, some Lebanese leaders have expressed their concern over the deployment. 25. Over the reporting period, Israeli aircraft have continued to violate the Lebanese airspace. The Government of Israel has continued to claim that they are carried out for security reasons, pending an improved security regime along the Lebanon-Syria border, and full enforcement of the arms embargo pursuant to resolution 1701 (2006). I have regularly called on Israel to cease these over-flights, which stand in violation of Lebanese sovereignty and Security Council resolutions. 26. Israel continues to occupy the northern part of Ghajar, which constitutes a violation of Lebanons sovereignty and resolution 1701 (2006). UNIFIL is actively working with the Lebanese Armed Forces and the Israeli Defence Forces to find an early solution to this matter. I will report on this issue in more details to the Council in my next report on the implementation of resolution 1701 (2006). 27. I am disturbed by the repeated exchanges of threats, through the media, between Israel and Hizbullah. I urge all parties to cease this public discourse which creates anxiety among civilian populations on both sides. B. Extension of Lebanese Government Control over All Lebanese Territory 28. The President and the Prime Minister of Lebanon have reiterated their vital interest in extending the Governments authority over all Lebanese territory, so that it is the sole armed force in the country, with the exception of UN peacekeeping forces. They have also committed to improve the monitoring over the land borders to prevent unauthorized flows of weapons, munitions and personnel into the country. The Lebanese Armed Forces is taking steps within its capabilities to ensure peace and stability in the country, despite being overstretched as a result of numerous competing security challenges, in particular the clashes last spring and the violent events this summer in and around Tripoli. For that purpose, the Lebanese Armed Forces undertook at the beginning of September a temporary redeployment of troops from southern Lebanon in order to address these security concerns. I will elaborate on this issue in my forthcoming report on resolution 1701 (2006). 29. The continued existence and activities of militias as well as the allegations of widespread rearming and paramilitary training by groups on all side of Lebanons political spectrum constitute a challenge for the Government of Lebanons exclusive military authority. 30. I am gravely concerned by the emergence and apparent strengthening of extremist elements and foreign fighters based largely in and around Tripoli. This phenomenon is but another challenge to the consolidation of the Governments authority. 31. The Lebanese Armed Forces play a crucial role in strengthening Lebanons sovereignty and control over all the country, thereby promoting stability in Lebanon and beyond. In this context, I call on donor countries to come forward and assist the LAF in meeting its obligations under relevant Security Council Resolutions. C. Disbanding and Disarmament of Lebanese and non-Lebanese Militias 32. The continued existence of Lebanese and non-Lebanese militias undermines the consolidation of the Lebanese state and the stability of the country and the region. It is also incompatible with the objective of strengthening Lebanons sovereignty, territorial integrity, unity and political independence. The most significant Lebanese militia is the armed component of Hizbullah. In addition, several Palestinian militias operate in the country, inside and outside of refugee camps. 33. Over the reporting period, there has been no tangible progress towards the disbanding and disarming of militias as called for by the Taif Agreement and resolution 1559 (2004). Lebanese militias 34. The violence that engulfed Lebanon in May demonstrated yet again the serious threat that armed groups outside the control of the State pose to the stability of Lebanon. Hizbullah and other armed groups engaged in heavy clashes in many regions throughout the country, resulting in the loss of life, injuries, damage to property and general instability. Rocket-propelled grenades, mortars and machine gunfire were used in the fighting. 35. Since the signature of the Doha agreement, there have been a series of clashes particularly in and around Tripoli that have been both sectarian and political in nature. These incidents included the use of heavy gunfire, hand grenades and acts of vandalism in populated areas. They claimed more than 25 lives. 36. Over the reporting period, Lebanon has also witnessed a growing pattern of attacks against its Armed Forces. For instance, on 31th May the Army thwarted an attack from a man who was reportedly wearing an explosive belt (2 Kilos of TNT) and tried to blow himself up next to an LAF checkpoint outside Ain El Hilweh camp. On 11th June an exchange of fire occurred between the LAF and armed people at a checkpoint outside Ain El Hilweh camp. One soldier was injured. On 30th July, unidentified individuals fired assault weapons at an LAF checkpoint in Hermel, killing one soldier. On 13th August, a bomb went off in Tripoli killing fifteen people, including ten soldiers. On 29th September, four soldiers were killed by an explosion in Tripoli. I strongly condemn these terrorist attacks against the symbols of Lebanons sovereignty. Such acts are also deeply worrying threats to the long-term stability of the country. 37. On 28th August, Army 1st Lieutenant Samer Hanna was killed when his helicopter was fired upon over Sojoud Hills in south Lebanon. Hizbullah admitted responsibility and surrendered one of its members to the judicial authorities. The military prosecutor has opened an investigation into the incident. 38. All these events are stark reminders of the urgency and importance of ensuring that the Government has the monopoly on the use of force in Lebanon. I am deeply concerned by the possibility that the scars left by the clashes last spring may in fact accelerate, if not prompt, a domestic arms race in Lebanon, with unforeseeable consequences. Para-military activity is also incompatible with the holding of free and fair parliamentary elections, scheduled for next spring. The understanding reached in the Taif Agreement in the aftermath of the civil war that all Lebanese and non-Lebanese militias disband and disarm, led, at the time, to Lebanese militias, with the exception of Hizbullah, to give up their armed capacities. This understanding must be preserved to avoid the spectre of a renewed confrontation amongst the Lebanese. 39. Hizbullahs maintenance of a major armed component and a para-military infrastructure separate from the state, including a secure network of communication, which the group itself deems an integral part of its arsenal, is a direct challenge to the authority of the Government of Lebanon and its security forces and prevents their exclusive control over the entire territory of Lebanon. Hizbullahs structures parallel and distinct from those of the State, also remain a threat to regional peace and security. I therefore reiterate my call on Hizbullah to comply with all relevant Security Councils resolutions, and urge all parties which maintain close ties with Hizbullah and have the ability to influence it, in particular Syria and Iran, to support its transformation into a political party proper, consistent with the requirements of the Taif Agreement and resolution 1559 (2004). 40. I am pleased to report to the Security Council that at the conclusion of the National Dialogue held in Doha, between 16th to 21st May, in the aftermath of the bloody clashes in Lebanon, the Lebanese political leaders re-affirmed their commitment to the principle of the Lebanese constitution and the Taif Agreement. The Lebanese leaders also committed themselves to prohibit the use of weapons or violence in any internal conflict that may arise to preserve the national partnership of coexistence. The Leaders also pledged to pursue their National Dialogue under the auspices of the President of the republic, to promote the Government of Lebanon?s authority throughout its territory, and its relations with different groups in a way that would guarantee the security of the state and its citizens. 41. On 16th September, President Suleiman chaired the first session of the National Dialogue gathering the 14th Lebanese leaders who took part in the signing of the Doha agreement: Speaker Nabih Berri, Prime Minister Fouad Siniora, Future Movement Leader Saad Hariri, PSP Leader Walid Jumblatt, FPM Leader Michel Aoun, MP Mohammad Raad (representing Hizbullahs Secretary-General), Lebanese Forces Leader Samir Geagea, former President and Kataeb Party Leader Amine Gemayel, Ministers Elias Skaff and Mohammad Safadi, as well as Members of Parliament Hagop Pakradounian, Ghassan Tueni, Boutros Harb and Michel Murr. The session was also attended by the Secretary-General of the League of Arab States. At the opening speech, President Suleiman stressed the need to develop a national defence strategy under the authority of the State. 42. A final communiqué was agreed upon after a three-hour discussion, composed of six points:
43. In the context of the launching of the National Dialogue, several reconciliation efforts have been initiated between the Lebanese leaders. I welcome the agreement signed on 8th September by over twenty key political and religious leaders of Tripoli to consolidate security and address humanitarian needs. I hope that these efforts will help prevent further violence, in particular in northern Lebanon and throughout the country. I urge all Lebanese leaders to promote reconciliation. 44. I welcome the launching of the National Dialogue under
the auspices of the President of the Republic and under the sponsorship of the League of
Arab States. I urge all Lebanese leaders to approach this process in a spirit of
cooperation and to exert every effort towards a positive outcome. |