“Assad’s Model” of Fighting COVID19: Forget Syrian Lives, Use the Crisis to Annul Economic Sanctions
Introduction
At a time when the countries of the world are developing strategies to face the COVID-19 pandemic and focus on saving their citizens and all who live on their territories, the Syrian regime is occupied with finding ways to use this global crisis to argue for lifting the sanctions and restrictions imposed on it as a result of the atrocities it committed. Wasting precious time to prepare a response and holding off the acknowledgement of the arrival of the virus to Syria, Bashar al-Assad and his allies were busy exploring how to use the pandemic to float the regime and cement its gains.
The Syrian regime delayed its announcement of the first COVID-19 infections in areas it controls. On 22 March, Minister of Health in the Syrian government, Nizar Yazigi, admitted on television the existence of the first Corona virus case in the country, weeks after the rumours started spreading on social media. The delay in announcing the first case was maintained despite the news coming from the various partner countries of the regime of the rampant spread of the virus — especially Iran, Iraq and Lebanon. The regime imposed no restrictions on the travel with these countries as the flow of people, militias and goods continued across the porous borders. As the crisis was growing, the regime looked to invest efforts in trying to dismantle the sanctions, rather than protect the people.
A false narrative was constructed about the sanctions being the main obstacle in the country’s capacity to respond to COVID-19. The regime’s allies made a concerted push in the UN forums to have the sanctions lifted, ignoring the fact that these sanctions never applied to the humanitarian or medical aid, but were directed at the regime for crimes against its own people. At the same time, the pandemic clearly demonstrated that the regime had no capacity to act as a real state in protecting its borders or providing basic services to its citizens, but resorted to a potentially deadly “model” of dealing with the virus: covering up the real truth about the impact of the pandemic or the extent of its spreading.
1. Why Are International Sanctions Imposed?
International sanctions are restrictive deterrent measures (unrelated to the use of armed force) imposed by international organizations — such as the United Nations[1] and the European Union — or individual states, against states, non-state actors or individuals whose behavior or policies violate international law and human rights or constitute a threat to global or regional peace and security, with the aim of influencing the behavior or policies of these countries, entities, or individuals and persuading them to put an end to violations that threaten peace and security.
According to the EU charter, sanctions are one of the its tools to advance the objectives of the Common Foreign and Security Policy (CFSP)[2] to promote world peace, protect human rights and respect the rule of law and democracy, protect international law, and prevent the spread of violence.
All EU-imposed sanctions are renewed annually after reviewing the reasons that led to their imposition. In addition, any member state of the European Union can object to the extension of the sanctions and cease their effects.
While the United States imposes sanctions for international considerations, in addition to its own considerations related to national security and foreign or economic policies, the United Nations sanctions are the most effective in influencing the targeted state, since all member states of the United Nations are obligated to apply these sanctions. This is because the sanctions imposed by the European Union, the US, or any other individual states are not binding on the rest of the United Nations member states.
The scope of sanctions against the Assad regime
As of the beginning of 2020, the Syrian government was not subject to any sanctions by the United Nations due to the Russian and Chinese veto. This has meant that the Syrian regime has so far been immune to any comprehensive international sanctions targeting its institutions or individuals. However, the sanctions imposed (in its various forms) to date include those imposed by the European Union, the United States of America, Canada, Australia, Turkey, and the League of Arab States, in addition to several other countries allied to the United States of America.
These countries and entities imposed sanctions on the Syrian regime for its killing of peaceful demonstrators and its subsequent attacks on civilian targets that led to the deaths of thousands of people, including attacks with chemical weapons. The penalties enforced by the sanctions differ from one state to another, and range from travel restrictions of particular officials, to the prevention of arms sales or bans of economic activities involving individuals and entities involved in construction, which strips the displaced people of their property, inter alia. The most important sets of sanctions are described below.
Sanctions Imposed by the European Union
The European Union imposes two types of sanctions on the Syrian regime, which are:
o Individual or specific sanctions, targeting specific individuals and entities for their association with the Syrian regime and for being responsible for human rights violations, the suppression of freedom of opinion and the suppression of demonstrators or opponents of the Syrian regime and for their support and benefit from it. The targeted groups can be summarized as follows[3]:
• The influential businessmen in the Syrian regime and those in charge of the oil, telecommunications, and technology sectors, in addition to those involved directly or indirectly in defrauding the sanctions for the benefit of the Syrian regime. This is in addition to Syrian government ministers appointed after May 2011. There are also sanctions against some senior military officers and officials in addition to sanctions targeting Bashar Al-Assad himself.
• Sanctions targeting specific economic sectors, which aim at depriving the Syrian regime of the cash revenues used to kill Syrians. The most important of these sectors[4] are the military and security sectors including the purchase of equipment intended for killing and oppression; the oil and gas sector and its resources used to finance the war against the people; the technology and communications sector and all that facilitates the monitoring of civilians and the strengthening of the security grip electronically; in addition to penalties for the transportation of antiquities and precious metals that the regime tried to sell to finance oppression.
Sanctions imposed by the United States of America
The US sanctions imposed on the Syrian regime are more comprehensive and expanded than the European sanctions. The US sanctions against Syria were initiated back in 2004 with the Syria Accountability Act and were followed by many economic sanctions related to the intervention of the Syrian regime in Lebanon and Iraq. The sanctions applied after March 2011 were an extension of previous sanctions due to the use of military force to suppress demonstrators and kill Syrians. Other executive decisions were issued to freeze the funds of Syrians involved in killing other Syrians, whether they were in the Syrian army or security services.
As with the European sanctions, the US sanctions were of two types: penalties for individuals and penalties for economic and government entities, which are similar in many ways.
The newly adopted Caesar Law, which has not yet been implemented, is the most important and most impactful against the Syrian regime and its allies, as it does not include only the pillars of the regime, but also any individual or entity that deals with them. Most importantly, the law imposes sanctions on[5]:
o Any foreign person participating in an activity described as financial, material and technical support for the Syrian regime;
o Military contractors, mercenary companies, or paramilitary forces operating inside Syria for or on behalf of the Syrian government, the government of the Russian Federation, or the government of Iran;
o Those who deal in the oil and gas sector, technology and communications sector with the Syrian government;
o Whoever sells or provides aircraft or aircraft parts that are used for military purposes for the benefit of the Syrian government or on its behalf to any foreign person operating in an area directly or indirectly controlled by the Syrian government or foreign forces associated with the Syrian government;
o Anyone who intends, directly or indirectly, to provide major building, construction, or engineering services to the Syrian government.
Individuals who have so far been on the sanctions list include Bashar Al-Assad, his deputies, ministers, cabinet members and governors, as well as chiefs of military units, security forces, and senior officers responsible for oppression and torture.
2. The sanctions do not target ordinary Syrians
In reality, the sanctions imposed on the Syrian regime by the European Union and the United States do not target any sector that affects the living conditions of the citizens such as food, medicine, and industries not used to kill Syrians. Nevertheless, the sanctions are not imposed by a large number of countries, especially those that supply much of the COVID19-related medical equipment like China, but are confined to a limited number of the countries of the world.
Despite this, the countries imposing the sanctions excluded important sectors to ensure the effects of the sanctions on the regime is not reflected upon the Syrians themselves, including the following exceptions:
o The competent authorities in the countries of the European Union may grant licenses/waivers to the sanctions, upon request, when they are certain that the requested economic funds or resources are necessary for providing humanitarian relief in Syria or providing assistance to the civilian population in Syria;
o The release of funds or economic resources to the United Nations for the purpose of delivering or facilitating the delivery of aid in Syria, according to the Syrian humanitarian response program, in addition to meeting the energy and sanitation needs of civilians in Syria;
o The sanctions also exclude medical treatment, medical and nutritional materials, and any agricultural or humanitarian supplies for the benefit of the United Nations organizations, public bodies or entities receiving funding from the European Union or one of its members to provide humanitarian relief or assistance to the civilian population;
o New bank accounts may also be licensed if they are designated for the humanitarian activities of the population in Syria;
o Any person or entity covered by the sanctions has the right to object to the sanctions to the Council of the European Union, which has the authority to consider removing the concerned person from the sanctions list.
As for US sanctions, the State Department has issued a specific guide to importing medicines and medical equipment for a number of countries, including Syria — which effectively nullifies the claims of the Syrian regime that sanctions hamper its COVID-19 response capacity and confirm that the sanctions do not target the Syrian people but the Syrian regime itself and its killing machine that has not stopped the extermination of the Syrians for nine years[6]. The US embassy in Damascus recently confirmed on its website that the sanctions do not in any way target the entry of food or medical items and stressed that there are programs funded by the United States of America working to deliver aid to various regions, including those under the regime’s control. Furthermore, US Ambassador James Jeffrey announced that “U.S. sanctions do not in any way impact the delivery of humanitarian goods, incl. medicines and medical supplies, entering Syria. Since our sanctions were implemented, we’ve provided exemptions for humanitarian aid in all areas of Syria.”[7]
In the same vein, the European countries confirmed during the UN Security Council Session on 29 April that the EU sanctions are not an impediment to the fight against COVID-19. The ambassador of Estonia at the UN, Sven Jurgenson, summed up the EU position[8] in response to the claims by Russia and some other countries that the sanctions needed to be lifted: “The EU remains determined to enforce its sanctions on Syria, whether against individuals, entities, or specific goods. Claims that these measures somehow undermine the fight against COVID-19 are baseless. EU restrictive measures do not block any items required to counter the outbreak from entering Syria. Humanitarian exemptions are also at the core of all EU sanctions.“ The UK ambassador, James Roscoe echoed[9] the EU position: “We want to confirm that goods and medical supplies used for humanitarian purposes are not subject to EU sanctions, which the UK continues to apply, and additional exemptions from sanctions are available for humanitarian activity in Syria.”
Indicatively, the World Health Organization (or any other international or humanitarian organization) did not identify any obstacles facing its work in areas under the control of the regime resulting from the sanctions against the Syrian regime. On the contrary, in the Humanitarian Update №06 from 17 April 2020, OCHA[10] mentions providing the Syrian Ministry of Health with 4000 Corona virus tests since February 12, 2020 and other medical equipment to confront the virus. This was before the Syrian government announced any infections on its soil. OCHA also talked about the establishment of new laboratories in Aleppo, Latakia, Homs, and Hasakeh, in addition to the laboratory that was established in Damascus and the start of a training program for laboratory cadres in 24 laboratories in areas under the control of the regime.
As mentioned previously in this briefing, even in the case of sanctions imposed by the European Union or the United States of America on individuals and entities, financial resources can be provided for these groups and individuals for the purpose of providing humanitarian relief in Syria or providing assistance to the civilian population in Syria.
However, a large number of organizations, led by Doctors Without Borders, still complain of their inability to reach civilians to help them provide medical services and materials to confront the pandemic, due to the regime’s refusal to give them permission. The sanctions have nothing to do with this.
3. “Assad’s Model” of dealing with COVID19
Amidst the global health crisis afflicting humanity and the various governments’ efforts to reduce the damage to their healthcare systems and prevent deaths of their citizens, the Syrian regime and its Russian and Iranian allies set out to use the opportunity provided by the crisis to demand the lifting of the sanctions and secure and injection of funds to float the regime. They argued that sanctions hinder the efforts of the Syrian regime in combating the COVID-19 virus and that the sanctions deprive it of financial and material resources to effectively confront the virus.
Those who follow the situation in Syria closely find that the Syrian regime has maintained the flow of people, militias and equipment with the countries and regions where the epidemic had already spread widely so travel to Iran, Iraq has not been interrupted until this moment, except for Lebanon which closed its borders with Syria. However, the regime does not control much of the border anyway, so the illegal land crossings are still used on a daily basis by militias backed by Iran[11].
The Syrian regime has targeted everyone who warned or alerted Syrians of the spread of the disease. Doctors, media and public figures[12] who spoke about the spread of the disease among Syrians in areas under the regime’s control were threatened and detained. Internet cafes were closed to prevent the spread of news about the disease and limiting the home-used internet packages[13]. also legalizing home packages.
The Ministry of Health has acknowledged only several cases of infections and death, despite reliable information about the virus spreading through the people. According to Syria Direct, 240 cases of medical quarantines were aggregated, while the Syrian Observatory for Human Rights reported at 166 people were medically quarantined within government-held territory.[14] Ironically, the Syrian Minister of Health, Hazar Raef, during an interview mentioned that the Syrian regime has set an example in its fight against Coronavirus, and that apparently many countries are looking forward to benefit from this experience.[15]
The Syrian bakeries, a small number of ATMs, operating post offices in the governorates, and points where electricity and water bills can be paid, petrol stations, are still places where great numbers of Syrians gather without any safety precautions or any social distancing measures.
The medical institutions of the healthcare system are still almost entirely in the service of the regime’s army and forces fighting on the fronts. Priority is given to the wounded of the army, security, and allied forces over any other medical conditions, regardless of how mild or dangerous.
All this is in complete disregard for the lives of the people and in a clear preference for the political and military relations of the regime over any situation or emergency that is ravaging the country, including the COVID-19 crisis.
The regime’s lack of concern for the health of Syrians is best illustrated by the fact that it has killed nearly a thousand workers in the medical sector from 2011 to 2020[16], and its prisons today contain a number of the most prominent Syrian medical cadres.
The regime’s targeting of hospitals, clinics and ambulances in a policy of systematic destruction of health infrastructure in any areas outside its control, which is needed, today more than ever, demonstrates a clear approach to destroying the country and its capacity to protect the health of its people. On the other hand, several organizations working in the humanitarian and medical fields have tried to work in the areas under regime control to help the Syrians, but the Syrian regime refused to give them work permits, as in the case of Doctors without Borders (MSF)[17]. In addition, the Syrian Network for Human Rights confirmed that the Syrian regime prohibits international organizations and United Nations organizations from working and moving in Syrian lands without permits and work permits that need months to be approved.[18]
The Syrian regime is using the pandemic in order to lift the sanctions against it, rooting its narrative in a false claim that the continuing deterioration of the economic and medical conditions in Syria is caused by the sanctions. This false narrative claims that its institutions are unable to do anything to stop the spread of the epidemic because of the interruption in the flow of medical and humanitarian aid. These claims have been clearly refuted by the countries that imposed the sanctions[19], and the people living in areas under regime control need to be informed of the truth, as the sanctions do not include the medical and humanitarian sectors. Most importantly, the reasons for the imposition of sanctions still remain.
4. The continuation of the circumstances that led to the imposition of the sanctions
The sanctions are one of the few remaining pressure tools applied to the Syrian regime and its allies that limit its movement and increase its isolation from the international community. The sanctions on their own will not likely lead to a change in the totalitarian regime that exists in Syria, but in the long run they play an important role in highlighting the brutality of the Syrian regime and its allies. They are a pressure tool that cannot be underestimated in their capacity to extract fundamental concessions in the structure and actions of the regime as a political solution is sought. These sanctions were imposed for specific reasons related to the regime’s oppression of Syrians, and lifting them must be preceded by a fundamental change in the way the regime acts. Their goals must be satisfied before they are lifted. For example, the US Caesar’s Law has established special conditions for the scenario of suspending these sanctions and the most important of them include[20]:
o The air space over Syria is no longer being utilized by the Government of Syria or the Government of the Russian Federation to target civilian populations through the use of incendiary devices, including barrel bombs, chemical weapons, and conventional arms, including air-delivered missiles and explosives.
o Areas besieged by the Government of Syria, the Government of the Russian Federation, the Government of Iran, or a foreign person described in section 102(a)(2)(A)(ii) are no longer cut off from international aid and have regular access to humanitarian assistance, freedom of travel, and medical care.
o The Government of Syria is releasing all political prisoners forcibly held within the prison system of the regime of Bashar al-Assad and the Government of Syria is allowing full access to the same facilities for investigations by appropriate international human rights organizations.
o The forces of the Government of Syria, the Government of the Russian Federation, the Government of Iran, and any foreign person described in section 102(a)(2)(A)(ii) are no longer engaged in deliberate targeting of medical facilities, schools, residential areas, and community gathering places, including markets, in violation of international norms.
o The Government of Syria is permitting the safe, voluntary, and dignified return of Syrians displaced by the conflict.
Recently, in January 2020, the European Union imposed sanctions on 11 Syrian figures and five companies involved in the Marota City project, which is to be established in the city of Damascus (in the area of Khalaf al-Razi and the several Mazzeh orchards) on lands owned and occupied by people opposed to Assad, who were forcibly displaced from their homes and their property seized. These sanctions cannot be lifted until such conduct is stopped and reversed.
Consequently, the disappearance of the reasons that led to the imposition of sanctions, which focus in essence on the suppression of demonstrators, the bombing of cities, the torture of prisoners and other killings and destruction, are the essence of the sanctions process and these reasons are still present, which prevents the lifting of sanctions under the current circumstances. This is what Syrians living under the Syrian regime’s rule must know, as the regime pumps out its propaganda about sanctions hampering the COVID-19 response.
It is clear that the international sanctions imposed on the regime for its brutality and repression of the Syrian people are not designed to in any way hamper the response to the COVID19 pandemic. On the contrary, the countries which have imposed the sanctions remain the largest donors of humanitarian and medical aid to the Syrian people. The regime and its allies are simply using the pandemic to try and boost the regime’s capacity for war and sustain its failing, corrupt system. This is the truth that must be communicated to the Syrians living under Assad and the international public.
There cannot be any return of the Syrian regime to the international scene without a fundamental change in its nature and actions. Sanctions cannot be lifted as long as the rights of the displaced are denied, as long as there are not minimum conditions for their safe, voluntary and dignified return. Any other scenario would acknowledge Bashar Al-Assad’s impunity for horrendous crimes of its regime and its allies, with lasting and irreversible destructive consequences for Syria and the region.
[1] Article 41 of the UN Charter: https://www.un.org/securitycouncil/ar/content/repertoire/actions#rel3
[2] EU Sanctions Policy: https://eeas.europa.eu/topics/sanctions-policy/423/sanctions-policy_en
[3] Article 15, COUNCIL REGULATION (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012R0036
[4] ANNEX I, LIST OF EQUIPMENT WHICH MIGHT BE USED FOR INTERNAL REPRESSION AS REFERRED TO IN ARTICLE 2 AND ARTICLE 3 , COUNCIL REGULATION (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011
[5] Caesar Syria Civilian Protection Act of 2019: https://www.congress.gov/bill/116th-congress/house-bill/31/text#toc-id50064c7521cb41dc8c5f010ef4e95a2a
[6] Read US Department of Treasury: [link missing]
[7] Read Statement by Ambassador Jeffrey on COVID-19 outbreak in Syria: https://sy.usembassy.gov/ambassador-jeffrey-on-covid-19-outbreak-in-syria/
[8] Read the statement by Ambassador Jurgenson here: https://un.mfa.ee/national-statement-at-the-un-security-council-on-the-political-situation-in-syria/
[9] Read the statement by Ambassador Roscoe here: https://www.gov.uk/government/speeches/the-process-of-seeking-a-political-solution-in-syria-must-not-cease
[10] Read OCHA COVID-19 Update №06: https://reliefweb.int/report/syrian-arab-republic/syrian-arab-republic-covid-19-update-no-06-17-april-2020
[11] LBC, 5 Lebanese families arrive to Masnaa Border crossing coming from Iran: https://bit.ly/2YmLHeR
[12] Syrian Observatory for Human Rights, Mystery surrounds the killing of a doctor in Qardaha http://www.syriahr.com/en/?p=156864
[13] Asharq Al-Awsat, Syrian Regime Increases Gasoline Prices, Rations Internet Usage: https://bit.ly/2z3MOoS
[14] Syria Direct, Mapping the Coronavirus in Syria: https://bit.ly/2VWcsoI
[15] Link to the interview video: https://bit.ly/35iKdU8
[16] Physicians for Human Rights, Medical Personnel Are Targeted in Syria: https://bit.ly/3aPSgco
[17] Asharq Al-Awsat, MSF Spokesperson: Virus Did not Convince Syrian Regime to Allow Us to Operate: https://bit.ly/2KSQFrD
[18] SNHR, Sanctions Are Linked to the Syrian Regime’s Continuing Violations and Don’t Include Medical Supplies and Food, Which Shouldn’t Be Delivered Through the Regime: http://sn4hr.org/blog/2020/04/27/54922/
[19] Read Statement by Ambassador Jeffrey on COVID-19 outbreak in Syria: https://sy.usembassy.gov/ambassador-jeffrey-on-covid-19-outbreak-in-syria/
[20] H.R.31 — Caesar Syria Civilian Protection Act of 2019: https://bit.ly/2SrQsju
