Full text of the UNITED NATIONS Larsen report - Part Two
Larsen Report Part 2
Full text of the Larsen report - Part Two
Friday, October 28, 2005
Second Semi-Annual Report of the Secretary-General to the Security Council on the Implementation of Security Council Resolution (2004) 25 October 2005
Disbanding and Disarmament of Lebanese and non-Lebanese Militias
38. Resolution 1559 (2004) calls for the disbanding and disarmament of all Lebanese and non-Lebanese militias. In my report to the Council of 1 October 2004, I stated that despite the Government of Lebanon's successful efforts to significantly reduce the number of militias present in Lebanon, several armed elements remained. I reported that the most significant such group was Hizbullah. In my last report of 26 April 2005, I noted my ongoing dialogue with some relevant parties on the issue of the disbanding and disarmament of Lebanese and non-Lebanese militias and that the United Nations had not yet reached operational conclusions on this matter. I also recalled that the 1989 Taif Agreement, in full consistency with resolution 1559 (2004) on this matter, calls for the disbanding of all Lebanese and non-Lebanese militias, and the delivery of their weapons to the Government of Lebanon.
39. Besides Hizbullah, as I stated in my report to the Council of 1 October 2004, there are Palestinian militias in Lebanon. Such armed groups have enjoyed relative autonomy inside Palestinian refugee camps, which the Lebanese authorities do not generally enter. While there has been no fundamental change in the status of such groups, a variety of recent reports has suggested that there has been an increasing influx of weaponry and personnel from Syria to some of these groups. The issue has also been raised with me by a number of senior Lebanese and other officials. The Government of Syria has informed me that smuggling
of arms and people across the Syrian-Lebanese border does indeed take place, albeit in
both directions.
40. The Government of Lebanon has informed me that it has undertaken significant measures towards restricting such an influx of arms and people and the free movement of weaponry and armed elements to and from the Palestinian refugee camps in Lebanon in recent weeks, in particular since the end of September 2005. The Lebanese Armed Forces enhanced their deployment along the border with Syria and increased both mechanized and foot patrols. The Government of Lebanon has also informed that the Lebanese Armed Forces further increased their presence, erected new checkpoints, and tightened controls around positions of Palestinian armed groups headquartered in Syria to the south of Beirut and in the Beqaa Valley. On 7 October, the Lebanese army conducted raids against posts held by Syrian-headquartered Palestinian armed groups in the Beqaa Valley, in the course of which weapons were seized. The Government of Lebanon has informed me that the Lebanese Armed Forces also detained and deported a number of infiltrators of Palestinian origin who carried Syrian identification documents.
41. I have taken note of the assurance of the Government of Lebanon that "there is no need for weapons outside the [Palestinian] refugee camps, which do not serve the Palestinian cause and are not accepted by the Lebanese," as first stated by Prime Minister Seniora on 7 October. Mr. Seniora has further underlined to me his resolve to continue the internal dialogue to achieve the disarmament of Palestinian armed groups peacefully, without confrontation with those groups. On 13 October, the Council of Ministers unanimously approved the position of the Prime Minister to "reject any armed Palestinian presence outside Palestinian refugee camps." The Prime Minister has informed me that he will also, as a first step, seek to establish order and control on such armed Palestinian groups inside the camps.
42. In this context, I have also taken particular note of Prime Minister Seniora's "call on the Syrian leadership to practice in this case the necessary self-restraint through its ties with Palestinian factions." I have further taken note of Prime Minister Seniora's commitment that the Lebanese state and its security institutions had the duty to guarantee the security of the people, citizens and guests, including the Palestinians. It is also noteworthy that other senior Lebanese representatives, such as former Prime Minister Najib Miqati, have stated that "there should not be any weapons either inside the camps or outside them."
43. In a public statement, issued on 4 October in Damascus, the Syrian-headquartered Popular Front for the Liberation of Palestine-General Command (PFLP-GC) strongly objected to the insistence of "certain sides in the Lebanese government" on "dealing with the question of Palestinian arms from a narrow security angle ... to hastily enforce resolution 1559." The statement rejected the implementation of resolution 1559 (2004), stating that "the attempt to sacrifice the weapons of the Palestinians of Lebanon in line with Resolution 1559 will not be greeted with silence or compromise," and asserting that Prime Minister Seniora would bear "direct responsibility for the hostile measures against our Palestinian people taken under the cover of a political and media campaign of disinformation." On 7 October, in response to the full alert raised for the Lebanese Armed Forces, Palestinian armed groups went on a similar alert.
44. On 8 October 2005, Prime Minister Seniora conducted historic talks, the first of their kind, with representatives of Palestinian groups in Lebanon on the issue of their arms. The Palestinian groups attended separate talks in two delegations. The first group represented the factions belonging to the umbrella Palestine Liberation Organization (PLO). Members of this delegation agreed with the Prime Minister to "initiate the organization of the armed Palestinian presence in the camps to guarantee security." Prime Minister Seniora reached agreement with members of the second delegation, which consisted of armed Palestinian groups headquartered in Damascus, to create a follow-up committee to discuss all issues, including the issue of arms. On 13 October, the Lebanese cabinet, having unanimously approved the Prime Minister's position, decided to establish such a commission, with the aim of resolving through dialogue the question of Palestinian arms inside the camps.
45. I have maintained close contact with the leadership of the Palestine Liberation Organization and the Palestinian Authority, which has assured me of its support for the full implementation of all provisions of resolution 1559 (2004). PLO Chairman and President of the Palestinian Authority Mahmoud Abbas has stated publicly that the position taken by some of the Palestinian groups does not reflect the PLO's stance, emphasizing that the Palestinians were "guests in Lebanon," respecting "Lebanon's laws and security." President Abbas has also stated to me that "the illegal transfer of substantial quantities of weapons into the refugee camps through certain Palestinian groups puts Lebanon at risk and is unhelpful to the Palestinian cause." In this context, I also note that President Abbas has referred to the Palestinian Authority's request to establish a Palestinian diplomatic mission in Beirut, which would contribute to a
formalization of relations between the Lebanese and the Palestinian peoples. I fully support this initiative.
46. At my behest, Prime Minister Seniora and President Abbas met on 18 October in Paris to discuss issues related to the presence of the Palestinian refugees in Lebanon. In a joint statement, the two leaders underlined the need to respect the sovereignty and political independence of Lebanon and Lebanese law and security requirements. They expressed their grave concern over the illegal transfer of arms and people to Palestinian groups in Lebanon, which they considered to have a negative impact on the sovereignty and political independence of Lebanon and to be unhelpful to the Palestinian cause. In the statement, President Abbas also expressed his full support for the Government of Lebanon's measures in recent weeks to ban the carrying of arms outside the Palestinian refugee camps, to halt illegal transfers of arms and people, and to assert its monopoly on the use of force and exert its control over all of its territory. President Abbas and Prime Minister Seniora further discussed the establishment of a Lebanese-Palestinian dialogue on the social and economic welfare, security, and representation of Palestinian refugees in Lebanon. The two leaders underlined that such a dialogue had to lead to the full implementation of the relevant provisions of the Taif Agreement and all Security Council resolutions related to the arms of Palestinian militias in Lebanon, albeit without confrontation between the Lebanese authorities and the Palestinian groups. The two sides agreed to continue their dialogue with a view to strengthening their bilateral relations in such a way that they would come to establish mutual diplomatic representations.
47. There has not been any noticeable change in the operational status and capabilities of Hizbullah, which, according to its own leadership, has more than 12,000 missiles at its disposal.
48. Many Lebanese continue to maintain that Hizbullah is in fact not a militia, but a "legitimate resistance movement," fighting for the liberation of the Shebaa Farms area from Israeli occupation. This interpretation of the status of the Shebaa Farms, as I have repeatedly outlined not just in my previous reports on the implementation of resolution 1559 (2004) but also elsewhere, continues to stand in stark contrast to the position of the United Nations (see annex). I had confirmed in my report to the Security Council of 16 June 2000 (S/2000/590) that Israel had fulfilled as of that date the requirements of Security Council resolutions 425 (1978) and 426 (1978) that it "withdraw its forces from all Lebanese territory." The Council endorsed this conclusion in the statement of its President (S/PRST/2000/21) on 18 June 2000. Both the Council and I have repeatedly stated this position, that the Shab'a Farms area is not part of Lebanon. Therefore, any Lebanese "resistance" to "liberate" the area from continued Israeli occupation cannot be considered legitimate. In addition, even if the Lebanese claim to the Shebaa Farms area were legitimate, it would be the responsibility of the Government of Lebanon only to address this claim in conformity with international law and relevant Security Council resolutions.
49. The Government of Lebanon has assured me that it remains committed to the implementation of all provisions of resolution 1559 (2004), but that it requires time. Prime Minister Seniora has informed me in particular that the provision of the resolution relating to the disarming and disbanding of militias is subject to an internal dialogue, which he has recently initiated and is committed to lead to its successful conclusion. In this context, Prime Minister Seniora has requested the continued assistance and support of the United Nations for such a domestic dialogue to resolve the issue of Lebanese and non-Lebanese militias in Lebanon in full consistence with the Taif Agreement.
50.It is noteworthy that the Government of Lebanon has chosen to include Hizbullah, which, as I outlined in my previous report on the implementation of resolution 1559 (2004), also operates as a political party, in the cabinet. For the first time ever, a member of Hizbullah holds a ministerial portfolio. It is further noteworthy that the leaders of Hizbullah have spoken of their readiness "for any internal discussion, any guarantees, and any solutions that would keep the efficiency and ability of the resistance to deter and protect. The details will be left to discussion ... This is a Lebanese affair related to our destiny and it is an issue of concern to us all. Therefore, let us sit and discuss things." While the inclusion of Hizbullah in the government and such recent statements by the group's leadership underline the significance of an internal dialogue and of the possible transformation of Hizbullah from armed militia to political party, it should be noted that operating as a political party and as a militia is contradictory. The carrying of arms outside the official armed forces is impossible to reconcile with the participation in power and in government in a democracy.
51. I have continued my dialogue with the relevant non-Lebanese parties on the matter of the disarming and disbanding of Lebanese and non-Lebanese militias. This dialogue will continue.
IV. Observations
52. In a reflection of continued instability and volatility, Lebanon has been subjected to 14 bombings within one year since last October. Such acts of terror and intimidation, which form a pattern of onslaught not only against Lebanese citizens, but also against the principles of a democratic, open society, which includes the freedom of the press, must stop. Fortunately, terror, in the form of bombings, assassinations, and attempted murders, however, has not succeeded in destabilizing Lebanon, jeopardizing the holding of free and credible parliamentary elections, or undermining its national unity nor political independence.
53. 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). The requirements of the withdrawal of Syrian troops and military assets, as well as of the conduct of free and credible legislative elections have been met. Progress has also been made through ongoing work on broader electoral reforms, with the assistance of the United Nations. The issue of the disbanding and disarming of all Lebanese and non-Lebanese militias is now under discussion in an internal dialogue among the Lebanese, and between the Lebanese and the Palestinians. I am encouraged by my dialogue with the Government of Lebanon on the extension of its control over all of Lebanon's territory. Tangible results are yet to be achieved in these two fields, and I will continue my efforts in this regard.
54. In the aftermath of Syria's withdrawal from Lebanon, this is also a time when the re-definition of the relationship between the two historically close neighbors has only just begun. A formalization of ties in the coming period will be of great significance and will manifest the progress the parties are continuing to make towards the full restoration and respect for Lebanon's sovereignty, territorial integrity, unity, and political independence.
55. Complications have also unfortunately arisen from the lack of a clearly agreed upon and demarcated border between Lebanon and Syria, and have highlighted the need for a formal border agreement and demarcation of that border on the ground between the two countries. There were not only difficulties related to the verification of the full Syrian withdrawal, given the presence of a Syrian army battalion at Deir al-Ashayr at a location that the United Nations found impossible to determine as Lebanese or as Syrian territory. There have also been difficulties related to the control of the borderline between Lebanon and Syria, and the issue of the illegal transfer of arms and people towards armed Palestinian groups in Lebanon, which has threatened to cast a shadow on the efforts aimed at bolstering Lebanon's sovereignty, territorial integrity, unity, and political independence. I reiterate my expectation that a formalization of bilateral relations would contribute significantly to alleviate such concerns. I welcome Prime Minister Seniora's statement to me on 17 October that he favors the establishment of mutual diplomatic missions and that bilateral talks on the issue should resume as soon as possible.
56. Lebanon is witnessing a momentous transition. Events that have taken place in the country since 3 September 2004 have led the people of Lebanon to pierce a wall of silence and speak out loudly and clearly. Taboos of the past have been broken, and matters previously too sensitive to discuss openly are now the subject of open debate. Over the past six months, with the first parliamentary elections held after Syria's withdrawal from Lebanon and the formation of a new government, Lebanon has entered a new phase in its history, a phase that has the potential for the Lebanese to finally leave behind a tragic past, to unite, and to shape a new future of self-determination, independence, coexistence, and peace.
57. All parties require tolerance and time for adjustment to the new circumstances. In this context, it is a positive development that the Lebanese authorities and the international community, through the Core Group on Lebanon that includes the United Nations, as well as the Egypt, Saudi Arabia, the European Commission, the World Bank, the United States of America, France, the United Kingdom, Italy, and the European Union, have begun working together closely in order to implement the Government of Lebanon's plans for political, economic, and institutional reforms in Lebanon, with the aim of promoting stability in Lebanon and the region as a whole. The United Nations remains steadfastly committed to support the reform process, to assist in the further development of democratic institutions, and to work hand in hand with the Lebanese government and people for the purpose of reaffirming Lebanon's sovereignty, unity, and political independence.
58. I was greatly concerned when shortly after the withdrawal of Syrian troops, military assets and the intelligence apparatus, Syria closed its border with Lebanon to Lebanese truck drivers. The closure of the border had considerable effects on the Lebanese economy, which remains in a difficult situation and can only recover with the help of all regional and international partners of Lebanon. I was relieved when the Governments of Syria and Lebanon resolved the crisis after a few weeks.
59. The Lebanese Armed Forces now have to show that they can maintain effective security throughout the country at a time when the size of the army is being reduced significantly. In this context, I took positive note of an increase in operations and a more visible presence of the Lebanese armed forces at the beginning of June 2005, in the context of the parliamentary elections in the south. Lebanese forces intervened on a few occasions to control demonstrations and prevent protestors from approaching the Blue Line. I have also taken note of the recent increased presence and engagement of the Lebanese Armed Forces in areas where there are armed Palestinian groups. These are positive steps towards the extension of the control of the Government of Lebanon over all of its territory and the exercise of the Government's monopoly on the use of force throughout its territory. However, and as I have previously stated, more needs to be done to meet the Security Council's call for concrete measures to ensure the return of effective governmental authority throughout the south of Lebanon, including through the deployment of additional Lebanese armed forces, and the extension of governmental control throughout all of Lebanon.
60. It should also be noted that in the aftermath of the withdrawal of the Syrian military and intelligence presence, the Lebanese security and intelligence services need to regain public confidence. In this context, I note that the Lebanese authorities have undertaken steps to appoint new permanent, professional Directors-General who can enjoy the trust of the public, and towards changing personnel, culture, training and equipment. It will take years to accomplish the full transition to a new security and intelligence service environment, but I note that a start has been made, with the appointments approved by the Lebanese Council of Ministers on 4 October. I also note, in particular, Prime Minister Seniora's statement in a parliamentary session on security issues on 5 October, in which he declared his government's intention to set up "a secure state, not a security state ... The Lebanese have the right to feel secure at last, after 30 years of security and political tensions."
61. Whilst an internal dialogue on the issue of the arms of Lebanese and non-Lebanese militias in Lebanon has begun, there remain a number of fundamental concerns. As I have noted, a group engaged in the democratic political process of opinion formation and decision-making cannot simultaneously possess an autonomous armed operational capacity outside the authority of the state. More broadly, the existence of armed groups defying the control of the legitimate government, which by definition is vested with a monopoly on the use of force throughout its territory, is incompatible with the restoration and full respect of the sovereignty, territorial integrity, unity and political independence of the country.
62. I am encouraged by the design of a formal mechanism of internal dialogue on the issue of the arms of Palestinian militias in Lebanon, and the recent historic summit between Prime Minister Seniora and President Abbas. The two leaders laid the foundations for a continued dialogue between Lebanon and the Palestinians, which in my view manifests an important step towards overcoming with finality a difficult past, and towards the re-assertion of Lebanon's sovereignty and political independence. I strongly support the formalization of the Lebanese-Palestinian dialogue through creation of a regular bilateral committee leading to formal diplomatic relations. I also look forward to the formalization of the ongoing domestic dialogue on the issues of the arms of Lebanese militias and their disbanding. I am committed to lending United Nations assistance to both these dialogues in response to Prime Minister Seniora's request to me.
63. Although important progress has been made, I will continue to assign the matter of the full restoration of the sovereignty and political independence of Lebanon the highest priority in my efforts to assist the parties in the implementation of resolution 1559 (2004) in the coming months. In particular, I will focus on working with the Lebanese authorities on the complete exercise of governmental control and authority throughout all of Lebanon, unchallenged by the existence of independent and unsupervised Lebanese and non-Lebanese groups.
64. I reiterate my urgent appeal to all parties concerned to comply with all requirements of resolution 1559 (2004) without delay and fully implement this and all other resolutions related to the restoration of the territorial integrity, full sovereignty, and political independence of Lebanon, in particular resolution 1614 (2005).
65. I continue to believe that the implementation of resolution 1559 (2005) should proceed in a way that would best ensure the stability and unity of Lebanon, Syria, and the wider region. In this context, I also remain committed to the implementation of all Security Council resolutions and the ultimate achievement of a just, lasting and comprehensive peace in the Middle East.
66. I remain at the disposal of the Security Council and stand ready to continue to assist the parties in the full implementation of resolution 1559.
Annex
Notified by the Israeli government of its intention to withdraw from South Lebanon and to fully implement its requirements under Security Council resolutions 425 (1978) and 426 (1978), I submitted to the Council on 22 May 2000 a report that set out the requirements for the full implementation of resolutions 425 and 426 in May 2000.
I noted in that report that I had consulted a total of 81 maps, 25 of them issued by the Governments of Lebanon and Syria, and that I had in my possession 10 maps issued after 1966 by various Lebanese government institutions, including the Ministry of Defense and the army, all of which placed the farmlands in question inside Syrian territory, except one Lebanese map of 1966 of questionable authenticity. In addition, I noted that the area under discussion had consistently fallen into the scope of operations of the United Nations Disengagement Observer Force (UNDOF) since 1974, which had not been contested by any party and did not even change when the United Nations Interim Force in Lebanon (UNIFIL) was established in 1978.
As a result of legal, cartographic and historical evidence, I, while noting that the area was occupied by Israel and was therefore subject to Security Council resolutions 242 (1967) and 338 (1973), concluded that the Shebaa Farms area claimed by Lebanon could, "without prejudice to any internationally recognized border agreement that Lebanon and the Syrian Arab Republic may wish to conclude in the future," not be considered Lebanese territory. I then submitted a report on 16 June 2000 to the Security Council, in which I concluded that "Israel has met the requirements defined" and "that Israeli forces have withdrawn from Lebanon in compliance with resolution 425 (1978)," i.e. from all Lebanese territory.
The Security Council endorsed this conclusion in a Statement made by its President, on behalf of the Council, on 18 June 2000.
In a letter to me dated 12 June 2000 (S/2000/564), Lebanese President Lahoud outlined Lebanon's position regarding the Blue Line and wrote: "In connection with the Shebaa farmlands, it is clear from the report of the Secretary-General that a de facto line has been adopted for the area in light of the fact that there are no old maps that can confirm the boundary between Lebanon and Syria. Accordingly, the de facto line is the line separating the areas of operation of UNIFIL and UNDOF, while the United Nations notes that this line can in no way be regarded as affecting the rights of the parties concerned with respect to their international boundaries. Lebanon has accepted this assessment until such time as a joint formula for the farmlands area can be agreed by Lebanon and Syria for submission to the United Nations."
On a number of occasions, the Security Council reiterated its confirmation of Israel's withdrawal from all Lebanese territory.
I have described these in more detail in my report on the United Nations Interim Force in Lebanon (UNIFIL) of 21 July 2005 (S/2005/460).
These include the Popular Front for the Liberation of Palestine-General Command, Hamas, Islamic Jihad, and Al-Saiqa.
Hizbullah Secretary-General Sheikh Nasrallah in his speech on the occasion of the "Day of Resistance and Liberation," in Bint Jubayl on 25 May 2005.
Hizbullah Secretary-General Sheikh Nasrallah in his televised speech on the occasion of the "Day of Resistance and Liberation," in Bint Jubayl on 25 May 2005.
Source: htp://dailystar.com.lb/article.asp?edition_id=1&categ_id=2&article_id=19650
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