Full text of the UNITED NATIONS Larsen report - Part One
Larsen Report Part 1
Full text of the Larsen report - Part One
Thursday, October 27, 2005
Second Semi-Annual Report of the Secretary-General to the Security Council on the Implementation of Security Council Resolution (2004) 25 October 2005
I. Introduction
1. The present report is my second semi-annual report to the Security Council on the implementation of resolution 1559 (2004), pursuant to the request of the Security Council, expressed in a presidential statement issued on 19 October 2004 (S/PRST/2004/36) that I continue to report on the implementation of the resolution to the Council every six months.
2. Resolution 1559 (2004), adopted by the Security Council on 2 September 2004 (S/RES/1559), reiterated the Council's strong support for the territorial integrity, sovereignty, and political independence of Lebanon. The resolution called upon all parties concerned to cooperate fully and urgently with the Security Council for the full implementation of this and all relevant resolutions concerning the restoration of the territorial integrity, full sovereignty, and political independence of Lebanon. It also defined a number of operational requirements, among them:
(a) the withdrawal of all
remaining foreign forces
from Lebanon;
(b) the disbanding and disarmament of all Lebanese and non-Lebanese militias;
(c) the extension of the control of the Government of Lebanon over all Lebanese territory; and
(d) strict respect of the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon.
In the resolution, the Council also declared its support for a free and fair electoral process in Lebanon's then upcoming presidential election, conducted according to Lebanese constitutional rules devised without foreign interference or influence.
3. In my first report to the Council on 1 October 2004 (S/2004/777), I concluded that the requirements set out in the resolution had not been met. My second report, the first semi-annual report on the implementation of resolution 1559 (S/2005/272), stated that as of 26 April 2005, the parties concerned had made significant and noticeable progress towards implementing some of the provisions contained in the resolution, although the requirements of resolution 1559 (2004) had not yet been met.
4. Since my last report to the Council of 26 April 2005, the parties concerned have made considerable further progress towards the implementation of resolution 1559 (2004). A number of operational requirements derived from resolution 1559 (2004) have been met, among them the withdrawal of Syrian forces from Lebanon and the conduct of free and fair legislative elections.
Others remain to be implemented, particularly the disbanding and disarming of Lebanese and non-Lebanese militias, the extension of government control throughout all of Lebanon and the full restoration and strict respect for the sovereignty, unity, territorial integrity and political independence of Lebanon, most notably through the establishment of normal diplomatic relations and the demarcation of borders between the Syrian Arab Republic and the Lebanese Republic.
II. Background
5. In the six months since my last report of 26 April 2005 (S/2005/272), the situation in Lebanon has remained volatile. There have been a number of worrying developments affecting the stability of Lebanon, particularly in the form of terrorist acts and the illegal transfer of arms and people across the borders into Lebanon.
6. On 2 June 2005, on 21 June 2005, and on 25 September, respectively, several prominent Lebanese figures were targeted by car bombs in Beirut, which killed Samir Qassir and George Hawi and left May Chidiac severely injured. A further assassination attempt was carried out against Lebanon's Minister of Defense, Elias Murr, on 12 July 2005, which left one person dead and several, including the Minister, injured. Further bombings took place on 22 July 2005, on 23 August 2005, and on 16 September 2005 and left one person dead as well as numerous injured.
7. The Security Council unequivocally and strongly condemned these bombings and the continuation of political assassinations and other terrorist acts in Lebanon in presidential statements released on 7 June 2005 (S/PRST/2005/22) and 22 June 2005 (S/PRST/2005/26) as well as in a press statements released by the President of the Security Council on 12 July 2005 and on 28 September 2005; 1 also condemned in the strongest possible terms the assassinations of Mr. Qassir and Mr. Hawi and the attempted assassinations of Mr. Murr and Ms. Chidiac. In repeated statements, I urged the Lebanese authorities to bring promptly to justice the perpetrators and instigators of these terrorist attacks. As a result
of such acts, numerous Lebanese political leaders have chosen to spend prolonged periods of time abroad, for fear for their lives.
8. On 7 May, Gen. Michel Aoun returned after 14 years in exile and formed the Free Patriotic Movement (FPM) to participate in the legislative elections that began on 29 May 2005 and concluded after four rounds on 19 June 2005. The elections resulted in a clear victory of a coalition of the Future Movement led by Saad Hariri and the Progressive Socialist Party led by Walid Jumblatt, which gained 72 seats An alliance of the Amal party and Hizbullah gained 35 seats, and the Free Patriotic Movement led by Michel Aoun won 21 seats in the 128-strong parliament.
9. A new government was formed after intense discussions and negotiations between the political parties and President Lahoud, and not without difficulty, on 19 July by Prime Minister Fouad Seniora, a former Finance Minister who belongs to the Future Movement. Mr. Seniora's cabinet consists of 24 members, including 15 from the Future Movement and five representing the Shiite alliance that includes Hizbullah. For the first time, a member of Hizbullah, Mohammed Fneish, obtained a ministerial portfolio as Water and Energy Minister. On 31 July, the new government passed the parliamentary vote of confidence comfortably. Earlier, on 18 July, the newly elected parliament had also approved a motion to pardon Samir Geagea, leader of the Lebanese Forces, who had spent the past 11 years incarcerated.
III. Implementation of Resolution 1559 (2004)
10. Since my last report of 26 April 2005, there has been considerable further progress towards the implementation of resolution 1559 (2004). A number of operational requirements derived from resolution 1559 (2004) have been met others have not yet been met.
A. Withdrawal of Foreign Forces Deployed in Lebanon
11.In my last report of 26 April 2005, I noted the commitments by the Government of Syria to the United Nations to fully withdraw its troops, military assets and the intelligence apparatus from Lebanon. I also referred to the letter of 26 April 2005 to me from the Government of Syria, in which it notified me of its full withdrawal from Lebanon, in fulfillment of these commitments, and in fulfillment of this requirement of resolution 1559. I further stated in my report that 1 had not yet been able to verify the full and complete withdrawal of Syrian troops, military assets and the intelligence apparatus from Lebanon, but that I had, with the agreement of the Governments of Syria and Lebanon, dispatched a United Nations mission for the purpose of carrying out such verification.
12. 1 submitted the report of the United Nations mission to verify the full and complete withdrawal of Syrian forces from Lebanon pursuant to Security Council resolution 1559 (2004) as an annex to my last report on 23 May 2005 (S/2005/331). In its report, the verification mission stated that it had "found no Syrian military forces, assets or intelligence apparatus in Lebanese territory," and concluded that "to the best of its ability, with the possible exception of the Deir Al-Ashayr area, the status of which is unclear (..,) Syrian troops and military assets have been fully and completely withdrawn from Lebanese territory."
13. The verification mission also noted that "the withdrawal of the Syrian intelligence apparatus has been harder to verify because intelligence activities are by nature often clandestine." It drew the conclusion that to the best of its ability, "no Syrian military intelligence personnel remain in Lebanon in known locations or in military uniform," also noting that it was "unable to conclude with certainty that all the intelligence apparatus has been withdrawn."
B. Sovereignty, Territorial
Integrity, Unity, and Political Independence of Lebanon
14. Resolution 1559 places central emphasis on the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon, reiterating this concern repeatedly. In its presidential statement related to my last report of 26 April 2005, the Security Council underlined on 4 May 2005 that Lebanon's full political independence and full exercise of its sovereignty was the ultimate goal of resolution 1559 (2004).
15. I have continued to assign this matter the highest priority in my efforts and have, out of concern over the continuing volatility of the political and security situation in Lebanon, maintained my very close contact with the Lebanese authorities and senior Lebanese officials. United Nations assistance in a number of fields has been extended or expanded in order to support the efforts of the Lebanese people and government to reaffirm their sovereignty, unity, and political independence.
16. In my last report to the Council of 26 April 2005, I identified three elements of particular importance to the restoration of, and strict respect for, the sovereignty, unity and political independence of Lebanon These were (i) the existence and influence of the Syrian intelligence apparatus in Lebanon; (ii) the establishment of mutual diplomatic representations between Syria and Lebanon; and (iii) the conduct of free and credible parliamentary elections in Lebanon. A fourth element that carries equal significance in this context and that has emerged in the context of the withdrawal of Syrian troops, military assets and the intelligence apparatus, is the need for an agreement between Lebanon and Syria on the international border between them, and its demarcation on the ground. In addition, I referred to Israeli over-flights violating Lebanese territorial integrity.
Syrian Intelligence Apparatus in Lebanon
17. In the above, I have concluded that no visible or significant Syrian intelligence presence remains in Lebanon. However, reports have surfaced on occasion, suggesting that Syrian intelligence continued to operate in Lebanon and that the Syrian intelligence apparatus continued to influence events in Lebanon.
18.I therefore urgently directed the United Nations verification mission to return to. Lebanon and clarify issues regarding the withdrawal of the Syrian intelligence apparatus, by liaising with Lebanese officials, including security personnel, and Syrian officials, as well as by meeting Lebanese civilians who might possess relevant information, and diplomatic missions and others. The mission deployed from 12 June until 11 July 2005 and reported to me shortly thereafter.
19.The verification team conducted a broad range of consultations and meetings, including with senior Lebanese political figures and. security officials, as well as with Syrian security officials It noted the changing relationship between Lebanon and Syria and that close historical and even family ties as well as the climate of fear, suspicion and rumor prevailing in Lebanon had to be taken into account when assessing reports and rumors of continuing Syrian intelligence activity in Lebanon. The team reported that numerous sources, including ministers, former ministers and security officials, told it that in their view Syrian intelligence activity was taking place in Lebanon. It assessed that there were some credible reports of Syrian intelligence activity, but that most were exaggerated. The team also assessed that it was possible that some Syrian intelligence officers made a few fleeting visits to Lebanon after their withdrawal, and that it was probable that Syrian intelligence officers made telephone calls to maintain networks of contacts, bolster their influence and subtly manipulate the political environment. However, the extent and purpose of any such activity is difficult to assess. The verification team concluded that, in
particular, telephone call activities in the context of the Lebanese elections were not widespread and did not appear to have had a significant impact on the elections.
20. Overall, the team corroborated its earlier conclusion, that there was no remaining visible or significant Syrian intelligence presence or activity in Lebanon, though the distinctly close historical and other ties between both countries also had to be taken into account when assessing possibly ongoing influence of Syrian intelligence in Lebanon.
Establishment of Mutual Diplomatic Representation
21. I have continued my discussions on the issue of the establishment of mutual diplomatic representation with the Governments of Syria and Lebanon. Both governments have reiterated to me their intention to formalize relations between the two countries. On 17 October) Lebanese Prime Minister Seniora assured me that his government aspires to a relationship between Syria and Lebanon "based on equality and mutual respect." The Prime Minister also told me that he favors the establishment of mutual diplomatic representations between the two countries within the coming period.
22. In this context, I note the complications arising from the lack of a clearly agreed upon and demarcated border between Lebanon and Syria, as commented on by the United Nations mission to verify the full and complete withdrawal of all Syrian troops, military assets and the intelligence apparatus from Lebanon. The mission noted the presence of a Syrian battalion of troops in the Deir al-Ashayr area, and that it could not verify whether this presence was actually located in Lebanon or, as the commander of the battalion stated, inside Syrian territory. I conclude that as part of the formalization of ties between the two countries and in order to guarantee the sovereignty, political independence and territorial unity of Lebanon, there is need for a formal border agreement and demarcation of that border on the ground. I take particular note of Prime Minister Seniora's statement to me on 17 October that talks between the Governments of Lebanon and Syria on the demarcation of the border between the two countries, which had originally been initiated in 1964 and were suspended in 1975, have recently re-begun.
23. I expect that the Governments of Lebanon and Syria will take tangible measures to formalize ties between the countries as sovereign and independent nations in the near future and prior to my next report to the Security Council. Lebanese Parliamentary Elections
24. In my last report, I identified the conduct of free and credible legislative elections according to constitutional rules devised without foreign interference or influence as a central means of reaffirming the full sovereignty, unity, and political independence of Lebanon. I noted that free and credible elections should be held on schedule and in accordance with an electoral law that is broadly accepted by the Lebanese people. I further stated that I had been discussing with the Government of Lebanon the possibility of extending United Nations technical assistance at its request and that I had encouraged the idea that international observers be invited to monitor the elections and was awaiting a request to this effect from the Government of Lebanon.
25. Shortly after my report, the 2000 electoral law, broadly accepted by most Lebanese parties, was adopted as the basis for the conduct of the elections, after parliament failed to agree on adopting the existing draft law introduced by former Prime Minister Karami's government. The United Nations received a request for technical electoral assistance from the Government of Lebanon, in response to which a United Nations team from the Electoral Assistance Division was dispatched to Lebanon on 3 May 2005 to provide technical assistance with the organization of the elections and coordination of electoral observers.
26. The Lebanese parliamentary elections took place in four rounds, beginning on 29 May 2005, two days before the legal term of the sitting parliament expired. Voting continued until the fourth and final round on 19 June 2005. In a statement released on 20 June, I congratulated the people and Government of Lebanon for their successful elections, which were credible and well- conducted technically, in a free and non-violent environment. The Security Council, in its presidential statement of
22. June 2005 (S/PRST/200S/26), commended the fair and credible character of the vote and paid tribute to the Lebanese people for their strong commitment to democracy, freedom and independence.
27. For the first time in Lebanese history, and in response to a request from the Government of Lebanon, the elections were monitored by more than 100 international electoral observers, among them, most notably, a large European Union Electoral Observer Mission consisting of short-term and long-term observers and electoral experts. The United Nations remained active throughout the electoral period in extending technical assistance and the coordination of the multi-national electoral observers.
28. The European Union's Observer Mission assessed the whole election process, including the legal framework, the political environment and campaign, electoral preparations, voting and counting as well as the post-election period, and judged that the ballots were "well managed and took place in a peaceful manner within the existing framework for elections." The electoral observers also emphasized that there was a need for urgent reform of the legal and election framework, as provisions on electoral campaigning lacked, and as there was need to regulate campaign and financial disclosure. The monitors further noted that some key constitutional provisions, based on the Taif Agreement, had not yet been implemented, including the creation of a bicameral parliamentary system and a reduction of the role of confessionalism in public life. The observers also commented on shortcomings in the field of the election administration and related to the system for voter registration, which is in need of urgent reform.
29. These findings underlined the need for further work to ensure the freedom and credibility of electoral processes in Lebanon. Areas specifically identified include the system of political representation and the election framework, which should seek to overcome the high significance of confessionalism; the electoral law, which should be devised early and should be inclusive; the delineation of electoral district boundaries in such a way that it serves best the principles of equal vote and adequate political representation; voter registration; the actual ballots; and campaign financing.
30. At the request of the Lebanese authorities, I am maintaining my efforts to assist the Lebanese people in the establishment of an appropriate and enduring legal and institutional framework to ensure free and fair electoral processes in Lebanon. The United Nations continues to assist the Lebanese National Commission, a special panel of preeminent personalities appointed by the Government of Prime Minister Seniora in the immediate aftermath of the parliamentary elections to draft a new and permanent electoral law. Despite such ongoing and necessary work to ensure the broad freeness and credibility of electoral processes in Lebanon, I note that the operational requirement of free and credible elections derived from resolution 1559 has been met.
Israeli Over-Flights Violating Lebanese Territorial Integrity
31. Since my last report to the Council of 26 April 2005, Lebanese territorial integrity has continued to be regularly violated by Israeli aircraft flying into Lebanese airspace. The Government of Israel continues to maintain its claim that these over-flights are carried out for security reasons. My representatives in the region and I have regularly continued to reiterate our call on Israel to cease these over-flights.
C. Extension of Lebanese Government Control over All Lebanese Territory
32. Resolution 1559 (2004) supports the extension of the control of the Government of Lebanon over all Lebanese territory. It also calls upon all parties concerned to cooperate fully and urgently with the Security Council for the full implementation of this and all relevant resolutions concerning the restoration. of the territorial integrity, full sovereignty, and political independence of Lebanon.
33. In my report to the Council of 1 October 2004, I stated that the Government of Lebanon had not extended its control over all of its territory. I reaffirmed this assessment in my last report of 26 April 2005.
34. In the past six months, there have again been incidents that underline that the Government of Lebanon does not yet fully exert control over all of its territory. I was particularly concerned when in early June this year, the Lebanese Army appeared to be reducing its presence and control in the south of the country, and Hizbullah strengthened its own presence in response. The Lebanese authorities stated to me that measures of a reduced army presence were part of an overall redeployment of the army throughout the country as a result of a reduction in its troop strength from 60,000 to 40,000 troops. After the United Nations had expressed its concern, on 1 July, the Lebanese army re-established its original presence.
35. Along the Blue Line, a fragile calm has continued to prevail during most of the period since my last report, though frequent violations have in one instance of serious deterioration led to deaths and injuries. On 29 June, a particularly disconcerting incident, in which Hizbullah and Israel engaged in a heavy exchange of fire, resulted in the death of one IDF soldier, the wounding of four others, and the death of two Hizbullah fighters. The Security Council, in a press statement on the incident, reiterated its call on the Government of Lebanon to extend its control over all of its territory, including through the deployment of Lebanese armed forces, to exert its monopoly on the use of force and to put an end to all attacks emanating from its territory. Other such incidents along the Blue Line, which were initiated from inside Lebanese territory, occurred in July and August this year.
36. The Security Council, in its resolution 1614 (2005), has called upon the Government of Lebanon to fully extend and exercise its sole and effective authority throughout the south, including through the deployment of sufficient numbers of Lebanese armed and security forces, to ensure a calm environment throughout the area, including along the Blue Line, and to exert control and monopoly over the use of force on its entire territory and to prevent attacks from Lebanon across the Blue Line. It also welcomed my intention to discuss with the Lebanese Government the next steps in preparing for an expansion of its authority in the south. I have continued my dialogue with the Lebanese authorities on the matter and am looking forward to the early fulfillment of these obligations. In this context, I am encouraged by the commitment of Prime Minister Seniora's government to me that it will seek to assert its monopoly on the use of force and exert its control throughout all Lebanese territory through a national dialogue with all relevant parties, and its statement to me that it has begun taking action to that effect.
37. Prime Minister Seniora has further informed me of a recent increased deployment of the Lebanese Armed Forces along the border with Syria for the purpose of halting the illegal transfer of arms and people. He has further informed me that the Lebanese Armed Forces have erected checkpoints and increased their presence around positions of armed Palestinian groups to the south of Beirut and in the Beqaa Valley in recent weeks, and that the Government of Lebanon has begun a dialogue with such groups on the issue of their arms.
Source: htp://dailystar.com.lb/article.asp?edition_ID=1&article_ID=19629&categ_id=2