EU holds off contact with Syrian liberators after Assad fall pending 'actions'

The European Union is not in direct contact with Hayat Tahrir al-Sham (HTS), the rebel force that led the offensive that toppled President Bashir al-Assad's dictatorial regime in Syria, but is willing to revise its position as the transition of power moves forward.

"The European Union is not currently engaging with HTS or its leaders. Full stop," a spokesperson for the European External Action Service (EEAS) said on Monday.

"As HTS takes on greater responsibilities, we will need to assess not just their words, but also their actions."

HTS, whose name means "Organisation for the Liberation of the Levant", is an Islamist militant group that previously declared its allegiance to al-Qaeda before breaking ties in 2016. Under the leadership of Abu Muhammad al-Jolani, the group has tried to acquire greater legitimacy and promote pluralism but remains plagued by accusations of human rights abuses, including alleged executions for blasphemy and adultery.

"Our message to all the sects of Syria is that we tell them that Syria is for everyone," a senior commander from HTS told state TV after overthrowing Assad.

HTS and al-Jolani have been blacklisted for terrorism by the United Nations since 2014, a designation that all 27 EU countries follow, the EEAS spokesperson added. In practice, this means an asset freeze and a prohibition on providing funds and economic resources.

But the fall of Assad's rule, in which HTS played a fundamental role, forces Western allies to rethink their official line. The British government indicated early on Monday the possibility of removing the Islamist group from the list of proscribed organisations.

The years-long civil war in Syria saw the emergence of multiple factions against Assad's dictatorship, including the Syrian National Army (SNA), backed by Turkey; the Syrian Democratic Forces (SDF), backed by the United States; and the Al-Nusra Front, an offshoot of al-Qaeda, which later evolved into HTS.

Kaja Kallas, the EU's policy chief, says she is in touch with all "constructive partners" inside Syria, without specifying which. The spokesperson said diplomatic contacts would remain confidential for the time being.

"We urge all actors to avoid any further violence, to ensure the protection of civilians, and to uphold international law, including international humanitarian law. We particularly urge the protection of members of all minorities," Kallas said in a statement on Monday.

"It is imperative that all stakeholders engage in an inclusive, Syrian-led and Syrian-owned dialogue on all key issues to ensure an orderly, peaceful and inclusive transition."

Pending review

As the situation continues to evolve on the ground, Brussels faces the crucial question of how to deal with Syria, a country with which it has not had official relations since May 2011 over the brutal repression by Assad forces on dissenting groups.

In her statement, Kallas did not announce any immediate changes to the EU's long-standing policy on Syria, such as sanctions. The first debate will be on 16 December, when foreign affairs ministers from the bloc are scheduled to meet Kallas in Brussels.

In the meantime, the EEAS and the European Commission are coordinating their work on diplomacy, security, economy, migration and development and humanitarian aid related to Syria, the spokesperson said.

Migration will inevitably feature high in the political conversation.

The UNCHR estimates that European countries host over one million Syrian asylum seekers and refugees, with 59% of them based in Germany alone. Sweden, Austria, Greece, the Netherlands and France also host significant populations.

Before Assad's fall, member states had begun discussing ways to speed up the voluntary returns of Syrian refugees, a complex effort that could now gain more traction.

"The current situation is indeed one of great hope, but also of great uncertainty. It will be up to each individual and each family to decide what they wish to do. However, for the time being, we maintain in line with the UNHCR that the conditions are not met for safe, voluntary, dignified returns to Syria," the EEAS spokesperson said.

Still, some capitals have already taken matters into their own hands.

Germany and Austria have temporarily paused asylum applications filed by Syrian nationals, citing the shifting circumstances inside the country. The German decision will affect 47,270 applications while the Austrian one will affect around 7,300.

Catherine Woollard, the director of the European Council on Refugees and Exiles (ECRE), warned about the premature risk of revoking the international protection granted to Syrian refugees "in a rush to return people before the country is safe."

"The fall of al-Assad opens the door for a return to Syria – and many Syrian refugees will wish to go back – but return from Europe has to be managed in a cautious way," Woollard told Euronews. "It is incumbent upon states to ensure that return takes place only when it is durable and when safety can be guaranteed."

The Commission has been contacted for comment in relation to the developments in Germany and Austria.