The call for implementing HRDD in humanitarian operations in Northwest Syria does not deny the grave challenges to its implementation. The conditions in the region are very complex as a result of the conflict. The region is controlled by different de facto authorities, divided between Hayat Tahrir al-Sham (HTS) and the Syrian National Army (SNA). Reports emerge regularly of human rights abuses committed by these two groups.14 They are also accused of attempting to control the flow of humanitarian aid and humanitarian projects in their territories.15
In addition, Türkiye has an unparalleled influence over the region throughout its politics and economy. Syria’s northern neighbor controls all the border crossings that allow the flow of goods and people into Northwest Syria, including the humanitarian operations. The Turkish military is also positioned within Syria across the frontlines with the Syrian government and its allies.16
Despite the deescalation of military hostilities across Syria since 2020, Northwest Syria remains subject to aerial bombardment and waves of shelling by the Syrian government and its Russian allies. The targets of these campaigns are often civilian populations who are the beneficiaries of humanitarian aid.17 Humanitarian NGOs, such as the White Helmets, and their projects were also regularly targeted by the government and its allies.18
Other factors that influence humanitarian operations include the global political and economic conditions that led to the reduction of funds dedicated to humanitarian operations in the region, despite the persistence of humanitarian aid needs.19
The peculiar situation in Northwest Syria has a compounded impact on human rights conditions. This is reflected in challenges that are cross-sectional and can be summarized, if not comprehensively, as follows:
- HLP Rights Challenges
Displacement and Land Ownership: Northwest Syria has experienced massive displacement due to conflict, with many people losing access to their homes and land. This makes it difficult to ensure fair distribution of aid, as displaced people often lack documentation to prove ownership or tenancy rights.20
- Informal Settlements: Many displaced people live in informal settlements with no legal recognition or security of tenure. Humanitarian operations might face legal implications regarding how to assist these populations without inadvertently reinforcing illegal or unjust land acquisitions.
- Reconstruction and Property Disputes: When humanitarian NGOs support reconstruction or shelter projects, they must ensure that they are not contributing to illegitimate land grabs or violating the rights of displaced people to return to their homes. In this context, HRDD must carefully navigate HLP disputes to avoid complicity in wrongful dispossession.
2. Environmental risks
- Degradation of Natural Resources: Ongoing conflict has resulted in severe environmental degradation in Northwest Syria, including the over-exploitation of resources like water and deforestation for firewood. Humanitarian actors face the challenge of ensuring that their activities do not contribute to environmental harm while trying to meet urgent needs. For instance, providing water and sanitation services while maintaining water availability and preserving soil health is a challenging task.21 Effective HRDD provides humanitarian actors with the tools to mitigate this challenge.
- Waste Management: Humanitarian operations, especially in densely populated camps, can generate significant waste. Poorly managed waste disposal can lead to contamination of water supplies and soil, exacerbating health issues and further degrading the environment.22 Effective HRDD requires careful consideration of the environmental impact of humanitarian actions to avoid long-term harm to the population.
- Climate Vulnerability: Climate change adds another layer of complexity. Northwest Syria is increasingly vulnerable to extreme weather events like floods and droughts.23 Humanitarian actors must integrate climate risk assessments into their planning to avoid worsening the environmental situation or exposing vulnerable populations to greater risks.
3. Health Issues
- Lack of Medical Infrastructure: Years of conflict have destroyed much of the medical infrastructure in Northwest Syria. Hospitals have been a prime and consistent target of aerial bombing. As of 2021, hospitals in Syria were hit more than 400 times.24 Ensuring HRDD in this context means addressing the health impacts of aid delivery, particularly in a context where health services are often under-resourced or non-existent. Humanitarian operations might inadvertently strain local resources, leaving residents without access to basic healthcare services.25
- WASH: The humanitarian community provides clean water and sanitation, but these systems are often under pressure, leading to outbreaks of waterborne diseases.26 Poor hygiene and sanitation practices in camps and informal settlements can exacerbate the spread of diseases like cholera, making HRDD crucial in ensuring health standards are met without causing additional harm.
- Mental Health: The conflict has led to widespread trauma and mental health issues, including post-traumatic stress disorder (PTSD), anxiety, and depression.27 Humanitarian actors often struggle to integrate mental health services into their operations, but HRDD requires addressing the psychosocial impact of aid distribution and ensuring that interventions are sensitive to these mental health challenges.
4. Operational and Security Constraints
- Access and Safety: The ongoing conflict severely restricts humanitarian access in many areas. Security concerns limit the ability of humanitarian agencies to conduct thorough assessments of the potential human rights impacts of their operations.
- Coordination and Oversight: The complex landscape of actors, including local militias, international NGOs, and de facto authorities, complicates the implementation of a coordinated HRDD approach. Ensuring that all actors respect human rights standards is challenging, especially when there is limited accountability or oversight in conflict zones like Northwest Syria.
- Funding Constraints: Limited funding also poses a significant challenge. Implementing HRDD requires resources for monitoring, evaluating, and mitigating risks. However, many humanitarian operations in Syria are underfunded, which limits their ability to prioritize human rights issues, particularly in areas like HLP rights or environmental sustainability.28
5. Legal Implications
- Non-State Actors: Northwest Syria is under the control of non-state actors with differing views on governance and human rights. This complicates the implementation of HRDD, as humanitarian agencies must navigate working with these groups while ensuring they do not become complicit in human rights abuses, including forced displacement or property confiscation.
- Local Power Dynamics: De facto authorities or military factions might seek to exploit humanitarian operations for personal or political gain. This raises the risk that aid might be manipulated or diverted, further marginalizing vulnerable populations. HRDD requires careful power mapping to ensure that aid distribution is fair and does not reinforce inequality or oppression.
14. Amnesty International, ‘Syria 2023’ (2023) available at <https://www.amnesty.org/en/location/middle-east-and-north-africa/middle-east/syria/report-syria/>
15. Human Rights Watch, ‘“Everything is by the Power of the Weapon”: Abuses and Impunity in Turkish-Occupied Northern Syria’ (2024) available at <https://www.hrw.org/report/2024/02/29/everything-power-weapon/abuses-and-impunity-turkish-occupied-northern-syria> On the conditions in HTS controlled territories: Protect Humanitarian Space, Cross-Border: Access Coordination in North-West Syria,P. 24, (2023), available at <https://www.protecthumanitarianspace.com/sites/default/files/2024-01/cross-border-access-coordination-in-north-west-syria_v2.pdf>
16. Crisis Group, ‘Türkiye’s Syria Policy after Erdoğan’s Win’ (2023), available at <https://www.crisisgroup.org/europe-central-asia/east-mediterranean/turkiye-syria/turkiyes-syria-policy-after-erdogans-win>
17. SNHR documents the daily death toll of civilians in Syria. SNHR, Daily Death Toll New, (2024), available at <https://news.snhr.org/category/dailydeathtoll/> an example of targeting IDP camps was reported in March 2023 by SNHR. SNHR, Investigation: The Syrian Regime Used Cluster Munitions to Target a Gathering of IDPs Camps in Northwestern Idlib City, (March 2023), available at <https://snhr.org/blog/2023/03/21/investigation-the-syrian-regime-used-cluster-munitions-to-target-a-gathering-of-idps-camps-in-northwestern-idlib-city/>
18. Alhurra, ‘بـ”جرائم إبادة”.. نظام الأسد “ينتقم” في شمال سوريا’ (October 2023) available at <https://www.alhurra.com/syria/2023/10/09/بـجرائم-إبادة-نظام-الأسد-ينتقم-في-شمال-سوريا>
19. Aljazeera, ‘شمال سوريا.. ما تأثير انخفاض الدعم الأممي على المنظمات الإنسانية والأهالي؟’ (January 2024) available at <https://www.aljazeera.net/politics/2024/1/6/شمال-سوريا-ما-تأثير-انخفاض-الدعم>
20. STJ, ‘Syria: Challenges of Judicial Restoration to Lost, Destroyed Real Estate Documents’ (2023), available at <https://stj-sy.org/en/syria-challenges-of-judicial-restoration-to-lost-destroyed-real-estate-documents/>
21. Arab Reform Initiative, ‘The Environmental Impact of Syria’s Conflict: A Preliminary Survey of Issues’ (2021), available at <https://www.arab-reform.net/publication/the-environmental-impact-of-syrias-conflict-a-preliminary-survey-of-issues/>
22. Oxfam, Domestic and Refugee Camp Waste Management Collection & Disposal, (2008), available at <https://www.oxfamwash.org/sanitation/solid-waste/TB15%20Domestic%20and%20Refugee%20Camp%20Waste%20Management%20collection%20disposal.pdf>
23. For example, storms in January 2024 were accompanied by floods and affected about 10,000 individuals. For more, Relief Web, Syria – Floods (DG ECHO, DG ECHO partners, NOAA-CPC, NWS ICCG, ACTED), (January 2024), available at <https://reliefweb.int/report/syrian-arab-republic/syria-floods-dg-echo-dg-echo-partners-noaa-cpc-nws-iccg-acted-echo-daily-flash-19-january-2024#:~:text=Syria-,Syria%20%2D%20Floods%20(DG%20ECHO%2C%20DG%20ECHO%20partners%2C%20NOAA,Flash%20of%2019%20January%202024)&text=Over%20the%20past%20few%20days,inundated%20IDP%20sites%20and%20cities.>
24. DW, Syria’s Hospitals Face Systematic Attacks: Report, (2021), available at <https://www.dw.com/en/syrias-hospitals-face-systematic-attacks-report/a-56811097>
25. Al-Abdulla, O., Ekzayez, A., Kallström, A. et al. ‘Health system recovery in Northwest Syria–challenges and operationalization’ (2023) available at <https://doi.org/10.1057/s41599-023-01898-2>
26. Bonyan Organisation, ‘The Importance of Addressing Water and Sanitation Needs in Refugee Camps’, (2024), available at <https://bonyan.ngo/wash/water-and-sanitation-needs-in-refugee-camps/>
27. Kakaje, A., Al Zohbi, R., Hosam Aldeen, O. et al. ‘Mental disorder and PTSD in Syria during wartime: a nationwide crisis’ (2021), available at <https://doi.org/10.1186/s12888-020-03002-3>
28. OCHA, ‘Syrian Arab Republic: Critical Humanitarian Funding Gaps and Cost of Inaction as Identified for the Period of April – September 2024’, (2024), available at <https://www.unocha.org/publications/report/syrian-arab-republic/syrian-arab-republic-critical-humanitarian-funding-gaps-and-cost-inaction-identified-period-april-september-2024>