Finalassignment subject law on international organization group iv kenya, tunisia, niger, saint vincent the grenadines, mexico

United Nations humanitarian agencies’ mandate under UN Security Council Resolution 2504 to conduct cross-border aid operations into northwest Syria expires on July 10, 2020.. It authoris

MINISTRY OF AFFAIRS DIPLOMATIC ACADEMY OF VIETNAM

o0o FINAL ASSIGNMENT

Subject: Law on International Organization

Group IV: Kenya, Tunisia, Niger, Saint Vincent & the

Grenadines, Mexico

Members of group

1 Nguyễn Hải Anh LQT44C-058-1721

2 Trần Hạnh Dung LQT44C-060-1721

3 Trần Thu Giang LQT44C-065-1721

4 Phạm Hồ Thanh Thảo LQT44C-083-1721

5 Nguyễn Khánh Trọng LQT44C-089-1721

Ha Noi, January 2021

Table of Contents

I Overview of UNSC negotiations on Syrian humanitarian mechanism and

I Overview of UNSC negotiations on Syrian humanitarian mechanism and status under UNSC Resolution 2533

United Nations humanitarian agencies’ mandate under UN Security Council Resolution 2504 to conduct cross-border aid operations into northwest Syria expires on July 10, 2020 The cross-border mechanism allows UN agencies to deliver aid without the permission of the Assad government, which is critical because the regime consistently blocks aid from reaching opposition-held areas

UN agencies currently reach nearly 3 million civilians in northwest Syria from Turkey each month, many of whom have been displaced by fighting In anticipation of the mandate’s expiration, the Security Council is debating if cross-border operations should continue, through which cross-border crossings, and for how long

The UN cross-border aid delivery mechanism was established by resolution

2165, which was unanimously adopted on 14 July 2014 It authorised UN agencies and humanitarian partners, with notification to the Syrian authorities, to use the border crossings at Bab al-Salam and Bab al-Hawa (both on the Syrian-Turkish border), Al Yarubiyah (on the Iraqi border) and Al-Ramtha (on the Syrian-Jordanian border) to “ensure that assistance, including medical and surgical supplies, reached people in need throughout Syria through the most direct routes'' 1 The mechanism was subsequently renewed annually by unanimous vote in December 2014 (resolution 2191), December 2015 (resolution 2258) and December 2016 (resolution 2332) Beginning with resolution 2393 in December

2017, consensus on the Council began to unravel, with China and Russia (joined

by Bolivia) abstaining on the mechanism’s renewal They abstained again on resolution 2449 in December 2018, which extended the mechanism for another year

On January 10th 2020, adopting resolution 2504 (2020) by a vote of 11 in favour, to none against, with 4 abstentions (China, Russian Federation, United

1 United Nations Security Council, S/RES/2165 (2014), page 3, http://unscr.com/en/resolutions/doc/2165

Kingdom, United States), the Council decided that aid will continue to be delivered through Bab al-Salam and Bab al-Hawa crossings in Turkey only — excluding Al Yarubiyah and Al-Ramtha on Syria’s borders with Iraq and Jordan, through which deliveries have moved since 2014 Its passage comes after two failed attempts in December 2019 to reauthorize the mechanism

On July 7 2020, the Security Council voted on draft resolution S/2020/654, submitted by Belgium and Germany, which would renew the cross-border mechanism for Bab al-Salaam and Bab al-Hawa for 12 months This draft resolution receives 13 votes in favor but is not adopted because of the vetoes cast

by both Russia and China

On July 8th 2020, The Security Council voted on draft resolution S/2020/658 submitted by Russia This draft would reauthorize only the border crossing Bab al-Hawa for 6 months The draft would further request a report on the humanitarian impact of “unilateral coercive measures” imposed on Syria This relates to the sanctions that several countries including the USA and European states have imposed on Syria, however these countries say that humanitarian assistance is exempted from the sanctions Russian and Chinese want western countries to lift their sanctions on Syria in order to improve the humanitarian situation instead of continuing with the cross-border mechanism The draft resolution fails with only 4 positive votes, 7 votes against and 4 abstentions

On July 10th 2020, the Security Council voted on draft resolution S/2020/667 submitted by Belgium and Germany This draft would renew the cross-border mechanism for both Bab al-Salaam and Bab al-Hawa, but only for 6 months This would have bought some time to improve other routes of aid delivery before shutting down Bab al-Salaam This draft resolution receives 13 votes in favor but

is not adopted because of the vetoes cast by both Russia and China

Also, in July 10th 2020, a second vote takes place on the same day on draft resolution S/2020/683 submitted by Russia Russia continues to insist that only the border crossing in Bab al-Hawa can remain open, but this draft resolution offers

the “compromise” that it could be authorized for 12 months, instead of the 6 months that was proposed in Russia’s draft from July 8th This draft still includes the request for a report on the “unilateral coercive measures” The draft resolution fails with only 4 positive votes, 7 votes against and 4 abstentions

On July 11th, the Security Council voted on draft resolution S/2020/684 submitted by Belgium and Germany This draft resolution follows Russia’s draft and includes an authorization only for Bab al-Hawa for 12 months The difference

to the previous proposal from Russia is that this draft does include the request for a report on unilateral coercive measures This minimal draft resolution finally passes with 12 votes in favor and 3 abstentions, including Russia, China and the Dominican Republic

After this long process, the Security Council finally succeeds in reauthorizing the Bab al-Hawa border crossing for 12 months On July 11 2020, the UN Security Council adopted Resolution 2533 authorizing the extension of the Mechanism for Cross-Border Aid Delivery into Syria, with 12 votes in favour and three abstentions (Russia, China, and the Dominican Republic) The adoption of the resolution approved the preservation of the cross-border aid delivery to people in need in Idlib, where the Syrian Government is not controlling The border mechanism has been extended for 12 months rather than six months as was the case previously, which will allow special UN bodies to improve the planning and preparations of their humanitarian missions Aid will only be delivered across the Bab Al-Hawa crossing handling the majority of humanitarian aid

II Countries’ Positions:

1.1 Publicized positions

Before the membership in 2021-2022, Kenya used to serve as a non-permanent member representing Africa in the Security Council in the term of 1973

to 1974 and 1997 to 1998 However, this also means that this is the first time Kenya has the voice over the humanitarian cross border mechanism in Syria as the member of the Security council

Being reserved in the Security Council, Kenyan President Uhuru Kenyatta welcomed the resounding victory for his country which will open Kenya to contribute to critical global peace and security resolutions Kenya emphasizes íts commitment to humanitarian action; justice, human rights and democracy; sustainable development and youth empowerment; climate change action, and regional cooperation nested around achieving regional peace and security.3 Sustainable development goal was stated in the GA/11560 in 2014 and in the4 General Assembly debate in 2017 On the General Assembly debate, Kenya also welcomed the creation of the United Nations Office of Counter-Terrorism, strongly supported action of United Nations Human Settlement Programme (UN-Habitat) and the United Nations Environment Programme (UNEP) and encouraged act against corruption

Specifically, with the humanitarian cross border mechanism in Syria, Kenya has found with no direct comment or public opinion

However, depending on the background of Kenya, it seems to stay positive or neutral to the humanitarian mechanism in Syria

1.2 Analysis of positions

Kenya is a country in the East of Africa Like other Africa countries, it has a long history of colonization In 1963, Kenya finally held a general Election, achieved independent and attained internal self-government In 1964, Kenya

2 Kenya, Membership by Country, UNITED NATIONS SECURITY COUNCIL, accessed 29 January 2021 https://www.un.org/securitycouncil/search/country?field_member_state_value=KEN

3 Otieno O Joel, Kenya at the United Nations Security Council: The Awaiting Role, HORN International Institute for Strategic Studies, 30 June, 2020 https://horninstitute.org/kenya-at-the-united-nations-security-council/

4 GA/11560, The Fasten Seat Belt Light is Illuminated’, Warns Secretary-General, Summoning World Leaders at Start of Annual Debate to Find and Nurture Seeds of Hope, 24 SEPTEMBER 2014 https://www.un.org/press/en/2014/ga11560.doc.htm

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became a Republic The religion of Kenya population includes 40 % Protestant, 30

% Roman Catholic, 6 % Muslim, 23% other religions.5

Kenya is an active member of the international community It joined the United Nations at Independence in 1963, and is presently a member of 15 UN organizations and 22 other international organizations

Kenya’s foreign policy is anchored on five interlinked pillars: Peace, Economic, Diaspora, Environmental and Cultural Kenya's foreign policy is best6 seen in terms of its political and economic moderation and of its continuing reliance on the Western world Its most significant international affiliations are with the East African Community, the Organization of African Unity and the Commonwealth of Nations

It is found that Kenya's most significant ally in the West is Great Britain The two nations have maintained uninterrupted friendly relations since independence Relations with the United States, which were uneasy during Oginga Odinga's ascendancy, have improved since Odinga's fall in 1966 In 1980, Kenya and the US signed an agreement to permit the American military to use Kenyan sea and air bases in exchange for economic and military assistance

Past relations with the Soviet Union and China, by contrast, have been marred

by a number of diplomatic incidents 7

Being affected by climate hazards, particularly droughts, floods and desert locust infestation and migration waves which mostly from Somalia, South Sudan, the Democratic Republic of the Congo and Ethiopia, Kenya has faced a lot of issues with food insecurity, malnutrition, disease outbreaks and lacking essential health supplies Therefore, Kenya has required and been supported by a lot of

5 General Information About Kenya, The Permanent Mission of the Republic of Kenya to the United Nations, accessed 29 January 2021, https://www.un.int/kenya/kenya/general-information-about-kenya

6 The Republic of Kenya, Kenya Foreign Policy, November 2014, https://www.mfa.go.ke/wp-content/uploads/2016/09/Kenya-Foreign-Policy.pdf

7 Kenya Foreign Relations, African Studies Centre, University of Pennsylvania, accessed 29 January 2021,

https://www.africa.upenn.edu/NEH/kforeignrelation.htm

humanitarian aid until now, especially in 2014, when African countries suffered from Ebola.8

2 Tunisia

2.1 Publicized positions

Tunisia has been supporting the noble work of the United Nations to protect lives and alleviate the humanitarian suffering in Syria and another conflict area On the other hand, Tunisia has been following with concern the military escalation in the north-west of Syria, as well as the ongoing communication and the repeated appeals by many Security Council members and the Secretary-General to stop the fighting and restore calm Tunisia is also concerned with outlined of the deteriorating humanitarian situation in and around Idlib and the continuing violence and acts of terrorism

There have also been consecutive waves of displaced persons against a backdrop of insufficient shelter capacity and aid for meeting urgent humanitarian needs Tunisia stresses once again that an immediate ceasefire and a commitment

of all parties to exercising self-restraint must remain the highest priorities and reiterate our condemnation of attacks on civilians and civilian infrastructure, including those attacks launched by groups designated as terrorists by the Security Council

Tunisia has reviewed the recommendations set forth in the report of the Secretary-General (S/2020/139) on ensuring the delivery of humanitarian aid, including medical supplies, to those in need in an expeditious and safe manner This result could be reached by adopting an approach that combines the delivery of relief items across borders and conflict lines to north-eastern Syria Tunisia believe that ending cross-border aid deliveries requires a smooth and progressive approach

8 Kenya Humanitarian Emergency, United Nations Population Fund, accessed 29 January 2021,

https://www.unfpa.org/data/emergencies/kenya-humanitarian-emergency

Kenya, USAID From the American people, Last updated: November 25, 2020, https://www.usaid.gov/humanitarian-assistance/kenya#:~:text=In%20FY%202019%2C%20the%20U.S.,other%20vulnerable%20populations%20in

%20Kenya.&text=Learn%20more%20about%20our%20response,several%20other%20East%20Africa

%20countries

that takes into consideration Syria’s unity, independence, and territorial integrity while ensuring the safe, unimpeded, and sustained delivery of humanitarian aid in line with international law and the principles of humanitarian action and ensuring Syrian Government’s.9

Tunisia is endeavoring, in the field of foreign policy, to overcome the inequalities that characterize international relations, giving major importance to the United Nations as a framework for joint action

Since joining the United Nations in the wake of its independence, Tunisia always strived to consolidate its contribution to works of the United Nations and its international actions by Participating in the debates occurring in the platforms

of the United Nations

Tunisia has been following the latest efforts aimed at reaching a ceasefire in north-western Syria through bilateral and multilateral negotiations Tunisia welcomes all efforts made to resolution 2254 (2015).10

2.2 Analysis of positions

Tunisia reiterates condemnation of attacks on civilians and civilian infrastructure, including those attacks launched by groups designated as terrorists

by the Security Council and emphasizes the importance of combating those terrorist organizations Tunisia calls on all parties to fulfil their obligations under international law and international humanitarian law to protect civilians at all times and to ensure the safe and sustained delivery of aid

As for humanitarian issues, Tunisia believes that ending cross-border aid deliveries requires a smooth and progressive approach that takes into consideration Syria’s unity, independence, and territorial integrity while ensuring the safe, unimpeded, and sustained delivery of humanitarian aid in line with international law and the principles of humanitarian action and ensuring Syrian Government’s

9 Report of the Secretary-General on the implementation of Security Council resolutions 2139 (2014), 2165 (2014),

2191 (2014), 2258 (2015), 2332 (2016), 2393 (2017), 2401(2018), 2449 (2018) and 2504 (2020) (S/2020/141)

10 Tunisia at the service of international causes, Republic of Tunisia, Ministry of Foreign Affairs, Migration and Tunisians Abroad, https://www.diplomatie.gov.tn/en/foreign-policy/tunisia-at-the-service-of-international-causes/