30
August 2012
Report
of the Secretary-General on the United Nations Support Mission in
Libya
I.
Introduction
1.
The present report is submitted pursuant to Security Council
resolution 2040 (2012), by which the Council extended the mandate of
the United Nations Support Mission in Libya (UNSMIL) for a 12-month
period. The present report fulfils the requirement to outline steps
that are currently being taken by UNSMIL, after the General National
Congress elections, to engage with the Libyan authorities to ensure
that it continues effectively to support Libya’s specific needs
with a view to reviewing and adjusting its mandate as necessary. The
present report covers major developments since my report of 1 March
2012 (S/2012/129) and describes the activities undertaken by UNSMIL
in line with its mandate under Security Council resolutions 2009
(2011), 2017 (2011), 2022 (2011) and 2040 (2012).
II.
Political and security developments
2.
In the wake of successful national elections, the National
Transitional Council handed over its functions to a democratically
elected General National Congress. Nevertheless, Libya continued to
face serious political and security challenges, with a resurgence of
several local conflicts and increased instability in the east, which
will constitute early tests for the new national authorities.
3.
The successful elections on 7 July 2012 marked a significant step
forward for Libya in its democratic transition. Amid the constraints
imposed by a compressed electoral timetable, a volatile security
environment and lack of previous experience in electoral
administration, the elections were a remarkable achievement. With
turnout estimated at slightly in excess of 62 per cent, some 1.77
million voters participated in this historic event, in a general
atmosphere of pride and enthusiasm.
4.
While the registration and campaign periods proceeded largely without
incident, the week preceding the polls was marked by violence, mostly
in the east. Grievances regarding the allocation of seats in the
General National Congress were considered to be the main reason for
disrupting the elections. On 1 July, simultaneous violent
demonstrations took place at the offices of the High National
Election Commission in Benghazi and Tobruk. On 5 July, an arson
attack on the district warehouse in Ajdabiya destroyed the electoral
materials for 46 polling centres. The Commission took immediate steps
to reprint ballot papers, while polling centres that were unable to
open on time remained open late on election day or opened the
following day. On 6 July, on the eve of polling, a Libyan air force
helicopter transporting electoral materials was fired on near
Benghazi, killing one Commission staff member and wounding another.
Three other people died on polling day in election-related violence.
5.
Several attacks on polling centres in the east on election day did
not deter voters from casting their ballots. Concerns that
instability in several areas, in particular in Kufra and the Nafusa
mountains, would impede the successful holding of elections proved
unfounded. In Kufra, negotiations produced an agreement to enable
delayed voting at two remaining polling centres on 10 July. The High
National Election Commission also put in place special measures to
accommodate internally displaced Tawergha, Tuareg and Mashashiya
voters.
6.
Concerned at the political and security developments in the east, the
National Transitional Council published an amendment to article 30 of
the Constitutional Declaration on 5 July. If confirmed by the General
National Congress, the amendment would replace the constitutional
commission to be appointed by the Congress with an elected body, in
which 20 members from each region would be elected locally.
7.
After no history of political party culture in the past four decades,
a proliferation of political entities emerged in the run-up to the
elections. Those entities faced challenges throughout the electoral
process in registering, building coalitions, recruiting party
candidates (especially women), defining political platforms and
obtaining some degree of name recognition. A spirit of goodwill
infused the campaign period and political entities largely abided by
the code of conduct that UNSMIL helped to facilitate. The full
preliminary results were announced on 17 July and the final results
on 1 August, after complaints and appeals had been adjudicated by the
High National Election Commission and the courts. The results showed
that the National Forces Alliance, headed by the former Chair of the
Executive Office of the National Transitional Council, Mahmoud
Jibril, won the proportional race with 39 of the 80 seats, with the
Justice and Construction Party coming second with 17 seats. It
remains to be seen if and how the 120 individual members elected in
the majoritarian race will align themselves with entities or blocs in
the Congress.
8.
In other positive indications of Libya’s democratic transition,
successful local council elections were held in Azawiyah, Benghazi,
Darnah and other cities. Local elections for Tripoli, originally
scheduled for May, were postponed.
9.
With the announcement of the election results on 1 August, the focus
has shifted to the next steps in the transition. The National
Transitional Council handed over its functions to the General
National Congress on 8 August and was dissolved. The inaugural
session of the Congress was held on 9 August, at which it elected the
head of the National Front Party, Muhammad Yusuf al-Maqarif, as its
President. The United Nations assisted with the preparations for the
inaugural session. Meanwhile, the interim Government is preparing to
hand over its functions to the successor Government, which, according
to the Constitutional Declaration, is to be formed within one month
of the first meeting of the Congress.
10.
During the reporting period, several local conflicts and tensions
that predated the revolution resurfaced, exacerbated by opposing
allegiances during the revolution. Some have escalated into armed
conflicts involving the use of heavy weaponry.
11.
On 26 March, fighting erupted in Sabha, in the south of the country,
between Tabu brigades and an Arab brigade, leaving 147 people dead
and approximately 500 wounded. A Government delegation was dispatched
to lead negotiations for a ceasefire and the Libyan authorities
immediately deployed troops from the Libyan army to secure the area
and enforce the ceasefire.
12.
On 21 April, fighting broke out in the south-eastern town of Kufra.
The Libya Shield brigade, an auxiliary unit of the Libyan army, had
been deployed to the area in February to enforce a ceasefire between
the Tabu and Zwaya brigades. Further clashes erupted on 9 June
between the Libya Shield and Tabu brigades, amid accusations that the
former had compromised its neutrality by aligning itself with the
Arab Zwaya tribe. This led to demands by the Tabu community for the
brigade’s replacement by Libyan army troops. This round of clashes
left some 44 people dead and 150 wounded. A delegation from the
Committee of Wise Men for Negotiation arrived to broker a ceasefire,
but negotiations on its modalities were disrupted when fighting
resumed on 29 June. The authorities dispatched an additional brigade
to restore calm, while also beginning the withdrawal of the Libya
Shield brigade from the area.
13.
Tensions in the west, mainly relating to long-standing land disputes
and rivalry between competing groups over border control, spilled
into open conflict on 1 April between the towns of Zuwarah, on one
side, and Al-Jumail and Riqdalin, on the other. Clashes ensued for
three days until a ceasefire was secured. Approximately 48 people
were killed.
14.
Following an armed clash on 14 May between Arabs and Tuaregs in
Ghadamis, resulting in 10 deaths, an estimated 1,600 Tuareg residents
of the city were displaced to nearby Dirj. The Tuareg member of the
National Transitional Council from Ghadamis resigned in protest at
the perceived Government inaction to halt the fighting and to address
the grievances of the displaced Tuaregs.
15.
On 10 June, fighting broke out between the Zintan and Mashashiya
tribes in the Nafusa mountains, leaving more than 70 people dead and
150 injured over a six- day period. A tentative ceasefire was
brokered on 16 June. Libyan army troops were interposed between the
towns of Zintan and Shagiga to create a buffer zone between the two
communities, which have long-standing feuds relating to land issues
and political rivalries.
16.
The Government also faced disturbances resulting from discontent
among some brigades, in particular following the decision to suspend
payments to former revolutionary fighters while procedures were put
in place to regulate the disbursement of funds. This discontent most
notably manifested itself on 8 May in an altercation outside the
offices of the Prime Minister in which one guard and one
revolutionary fighter were killed.
17.
In a major security breach in Tripoli, elements from the
Tarhunah-based Awfia brigade stormed the airport on 4 June in protest
at the abduction of their brigade commander one day earlier. No
fatalities were reported. The Libyan army has since assumed
responsibility for securing the outer perimeter of the airport, with
the police overseeing internal security. This incident followed the
handover of the airport by the Zintan brigade to the national
authorities on 20 April.
18.
The reporting period also witnessed an increase in attacks in the
east against Government installations, in addition to a number of
attacks directed at members and premises of the international
community. The latest wave of post-electoral violence in Benghazi
included a series of targeted attacks against Government
installations and former security officials in July and August, some
of which coincided with the anniversary of the assassination in 2011
of Abdulfattah Yunis, the former Minister of the Interior who
defected and took command of the revolutionary armed forces.
19.
In the east, the Council of Barqah continued to pursue its federalist
agenda and threatened to disrupt polling unless its grievances
regarding the perceived marginalization of the region were addressed.
On 26 May, it dispatched a symbolic detachment of its National Guard
to the Wadi al-Ahmar area, which was later withdrawn. Subsequently,
in a 48-hour ultimatum to the National Transitional Council, it
threatened to take control of oil and other strategic installations
if its demands went unmet. The election-related violence in the east
referred to above was attributed to protesters believed to be
affiliated to the Council of Barqah.
III.
Activities of the Mission
A. Electoral support
A. Electoral support
20.
The High National Election Commission displayed professionalism,
transparency and flexibility in preparing for and administering the
polls of 7 July, a feat for any organization but particularly
remarkable for a body that had been in existence for fewer than 150
days at the time of polling. The accomplishment was not realized
alone. The goodwill and cooperation of a wide variety of national
actors, including the Government, the National Transitional Council,
the security forces, political entities, candidates, civil society
and voters, also contributed to the credibility and successful
outcome of the process.
21.
Of an estimated 3.2 million to 3.5 million eligible voters, more than
2.8 million, 45 per cent of whom were women, registered for the
elections. The compressed timelines and very limited voter
information notwithstanding, the registration process nationwide was
deemed largely successful.
22.
The vetting process conducted by the Integrity and Patriotism
Commission resulted in the removal of 150 candidates from the final
lists. A total of 2,501 candidates, including 84 women, participated
as individuals in the majoritarian race, while 1,207 candidates,
including 545 women, contested the proportional representation race
for political entities. The election campaign, which ran from 18 June
to 5 July, proceeded smoothly with no major incidents.
23.
The election date of 7 July represented a delay of less than three
weeks beyond the time frame for the holding of elections specified in
the Constitutional Declaration. The delay was required for technical
preparations and campaigning once candidates had been nominated and
vetted. In addition to the operational and logistical demands
associated with the short planning timeline, challenges were also
encountered in the establishment of a clear legal and regulatory
framework for electoral authorities, political groups, civil society
and the media; the clear delimitation of the 89 electoral
constituencies; and the provision of adequate information to voters,
candidates and other stakeholders critical to the process.
24.
Some 1.77 million Libyans, 39 per cent of whom were women, cast
ballots in 1,546 polling centres around the country. Out-of-country
voting also took place from 3 to 7 July in six countries, with more
than 8,000 Libyans participating. Special provision was made for
internally displaced persons. Over half of the internally displaced
persons registered to vote cast a ballot.
25.
More than 21,000 domestic observers and agents were registered to
observe the polls and guard against irregularities, representing a
substantial achievement in a country where civil society and
political organizations had, until recently, been suppressed. Some
190 international observers from 10 organizations, including the
African Union, the League of Arab States, the European Union and the
Carter Center, monitored the elections. Public assessments by both
domestic and international observers were largely positive and
provided constructive recommendations for enhancing future electoral
processes.
26.
On 9 July, the High National Election Commission began to release
partial results as they became available. On 17 July, the Commission
made public the full preliminary results of the elections, beginning
a 48-hour period during which results could be challenged before the
courts. At the same time, the Commission and judicial authorities
adjudicated final complaints regarding the process. Following the
resolution of both appeals and complaints, the Commission announced
the final results on 1 August.
27.
As requested by the Libyan authorities, the United Nations Electoral
Support Team, comprising UNSMIL, the United Nations Development
Programme (UNDP) and the United Nations Office for Project Services,
provided substantive advice, technical assistance and operational
support to the Commission throughout the electoral process. Some 55
United Nations electoral advisers based in Tripoli, Benghazi and
Sabha worked closely with the Commission and its 13 field offices.
Complementary efforts were made in support of voter and civic
education, partially enabled by a contribution of $1.9 million from
the Peacebuilding Support Office. Those efforts helped to provide a
foundation of knowledge and experience in democratic electoral
processes that will continue to serve Libya throughout the transition
and beyond.
B.
Human rights, transitional justice and rule of law
28.
Conflict-related detentions remained a major challenge in
post-electoral Libya. Some 3,000 of an estimated 7,000 detainees are
currently held in facilities run by the Ministry of Justice. A
further 2,600 are held by military councils or supreme security
committees and are therefore under some degree of State authority.
This has made little difference to the plight of many who remain
under the guard of revolutionary brigades and are vulnerable to
mistreatment. Most have yet to be charged or released. UNSMIL
continues to impress upon the Government that detaining persons
outside a legal framework, in some cases for more than 10 months, is
in serious breach of international human rights standards. The
Mission has presented the Ministry of Justice with a strategy to
fulfil its responsibility to address conflict-related detentions and
has provided training to prosecutors in screening detainees. While
the Ministry is implementing a more systematic approach to screening,
its capacity in prison administration remains limited. UNSMIL is
coordinating a framework for international assistance to build the
capacity of the judicial police, which is responsible for prison
administration.
29.
Cases of mistreatment or torture continued to surface during the
reporting period. UNSMIL uncovered three deaths at the facilities of
the Supreme Security Committee of Misratah, all of which occurred on
13 April as a direct result of torture. Assurances from Libyan
officials that incidents of torture or mistreatment would be
investigated and perpetrators duly punished have not been translated
into effective action. UNSMIL continued to urge the Libyan
authorities to address those cases, including through robust
inspections of known facilities, the identification and closure of
unknown facilities and investigations into cases of torture. In some
instances, the Ministry of the Interior and/or local supreme security
committees and military councils have conducted investigations and
taken disciplinary action. The prosecutor’s office in Misratah has
opened a file on the deaths in custody and investigations are
continuing. The head of the Supreme Security Committee of Misratah
was dismissed following investigations conducted by the Ministry of
the Interior into the deaths on 13 April of the three detainees
referred to above.
30.
Some progress was made in the reactivation of the Libyan judicial
system. Almost all judges and prosecutors have reported back to duty.
In most parts of the country, however, court sessions are not held
regularly, except for family and civil law cases. In Benghazi and
Darnah, incidents were reported in which brigades physically attacked
court personnel and damaged court buildings. Prosecutors and judges
continue to face threats and intimidation from brigades and,
occasionally, from former regime loyalists. UNSMIL has promoted the
reactivation of the court system and provided training to judges in
electoral dispute resolution.
31.
Steps are also being taken to strengthen the judiciary. On 26 May,
the President of the Supreme Judicial Council issued a decree to
establish a national committee to report on judicial reform. The
17-member committee is tasked with developing recommendations on
restructuring the judiciary, its administration and legislative
framework. UNSMIL has agreed to provide technical and advisory
support to the committee and is also advising the Ministry of Justice
in its review of the Penal Code. In addition, UNSMIL is advising the
Office of the Prosecutor- General on the adoption of an overall
strategy for the investigation and prosecution of past crimes.
32.
On 5 June, proceedings began in the first trial of a senior official
of the former regime: the former Director of the External Security
Organization, Abu Zayd Dorda, who stands accused of ordering the use
of live ammunition against demonstrators during the 2011 uprisings.
On 24 June, Tunisia extradited the former Prime Minister, Al-Baghdadi
al-Mahmudi, to Libya. Libya continued to make efforts to secure the
extradition of Abdullah al-Senussi from Mauritania. The Government
also continued preparations for the trial of Saif al-Islam Qadhafi,
while its challenge to the admissibility of the case before the
International Criminal Court remains pending.
33.
To stimulate further public dialogue on transitional justice in
Libya, in May 2012, UNSMIL, in partnership with the Governments of
South Africa and Switzerland and the Libyan National Consultative
Group, invited six international experts to the country, including
former truth commissioners from Peru and South Africa, to share their
experiences of fact-finding and reconciliation in their own
countries. The experts met national stakeholders in Tripoli,
Benghazi, Misratah, Sabha and Zintan, where they highlighted the
urgent need for genuine reconciliation based on just solutions that
addressed the root causes of conflict.
34.
In May, the Office of the Special Representative of the
Secretary-General on Sexual Violence in Conflict issued a report
highlighting the limited availability of support and services to
victims of sexual violence in Libya, assessing the scope and scale of
conflict-related sexual violence in Libya between February and
October 2011, and underscoring other challenges, including the need
for continued monitoring of sexual violence and to ensure
accountability, reparations and redress for survivors.
35.
On 14 June, the Supreme Court annulled Act No. 37, which had made
glorifying Muammar al-Qadhafi a criminal offence and had been adopted
by the National Transitional Council on 2 May. The law had been
criticized by Libyan and international human rights organizations,
and by UNSMIL, on the grounds that it violated freedom of speech. The
Court found the law to be unconstitutional. Two laws granting amnesty
remain in place, however. Act No. 38 grants amnesty for all acts
performed by revolutionaries with the goal of promoting or protecting
the revolution, while Act No. 35 grants amnesty for certain
violations other than crimes committed by the family members and
aides of Muammar al-Qadhafi. The United Nations has maintained that
neither law should be interpreted or implemented in a manner that
grants amnesty to those responsible for war crimes, crimes against
humanity, crimes of sexual violence in situations of armed conflict
and/or gross violations of human rights.
36.
Members of civil society have taken an increasingly active role in
promoting a human rights culture, including in monitoring and
speaking out against abuses of detainees and other violations. The
demand for capacity-building and skills training by civil society
groups with regard to basic human rights remains high. From March to
July, UNSMIL conducted a countrywide programme of basic training in
human rights monitoring and documentation, including in Ajdabiya, Al
Khums, Azawiyah, Benghazi, Bayda, Misratah, Sabha, Tripoli, Tobruk,
Zintan and Zuwarah.
C.
Public security
37.
Public security continues to be the dominant concern for Libyans as
they await improvements in law and order and a weapons-free
environment. Key factors in restoring public confidence are the
rebuilding of the security institutions, including the complex issues
of integrating revolutionary brigades and fighters, making progress
in the development of a coherent national security architecture that
ensures civilian authority and oversight, and ensuring effective
coordination of the security forces. UNSMIL has been working with the
relevant security ministries and Libyan security forces to assist in
the development of a national security strategy.
1.
Police
38.
In the lead-up to the election, UNSMIL police advisers focused on
election security planning and the provision of immediate technical
and advisory support to the Ministry of the Interior and operational
advice to police units through the Mission’s offices in Tripoli and
Benghazi.
39.
Following the request by the Libyan authorities for UNSMIL assistance
with the planning of security for the General National Congress
election, the Mission assisted in establishing an election security
committee headed by the Deputy Minister of the Interior to coordinate
the preparation and implementation of the election security plan.
UNSMIL police advisers conducted field visits with the Ministry of
the Interior to Al Khums, Al Aziziyah, Awbari, Azawiyah, Gharyan and
Sabha to oversee the preparation and readiness for electoral security
in those districts. UNMSIL police experts assisted in the development
of an election security handbook and an electoral security training
curriculum. Together with police advisers from several embassies
based in Tripoli, a training-of-trainers course was conducted for
approximately 700 police trainers, who in turn trained some 7,000
police officers involved in election security in Libya.
40.
UNSMIL police participated in a training working group within the
Ministry of the Interior and in designing strategies to enhance the
effectiveness of police training centres. In May, UNSMIL provided to
the Ministry of the Interior curricula for new cadets and for staff
officers. Efforts are continuing to restructure the Police
Directorate for Training and to organize in-service training for
police officers.
41.
UNSMIL developed a training curriculum for the integration of
revolutionaries into the operations of the Ministry, including the
police, to be carried out in Libya, Jordan and Turkey. A total of
1,600 ex-combatants were trained in Jordan. Some were found
unsuitable and repatriated to Libya. UNSMIL proposed an integration
plan to the Ministry of the Interior to ensure transparent selection,
screening and deployment processes of candidates for future training
programmes. In addition, more than 800 police cadets are taking part
in a training programme of approximately seven months’ duration in
Turkey.
42.
The monthly international coordination mechanism chaired by the
Ministry and UNSMIL continued to assist the Ministry in the
development of its priorities and plans and to coordinate bilateral
offers of assistance from the international community.
2.
Libyan defence forces
43.
UNSMIL has worked with the Libyan authorities and liaised with
international partners in an initiative to develop Libya’s first
defence white paper. The white paper will serve to identify the main
risks and threats facing Libya, lay out the principal military tasks,
doctrine and vision, and tackle issues of civilian democratic
oversight, overall command and control, and the basic structure of
the armed forces, including their relationships with the Ministry of
Defence and the legislature. To this end, UNSMIL facilitated two
strategic planning workshops, in May and July, with Libyan and
international experts, including the Deputy Prime Minister, the
Minister of Defence, the Chief of Staff, the Deputy Minister of the
Interior, senior defence staff and representatives of other
ministries. The exercise, which is intended to be carried forward by
the new Government with extensive consultation, including with civil
society, has become a catalyst for Libya’s defence and security
sector reform efforts.
3.
Border security
44.
In view of prevailing Libyan and international concerns over the
smuggling of arms and drugs, human trafficking and illegal migration
and the spread of transnational organized crime throughout the Sahel,
the protection of Libya’s southern border remains a top national
security priority. A Government decision late in February to develop
an integrated southern border action plan with clear command and
control responsibilities has yet to be implemented. UNSMIL continued
to work with Libyan stakeholders and international experts to promote
the development of an operational concept for border management with
a view to galvanizing bilateral and multilateral assistance and
minimizing the risk of fragmentation in the security sector. The
integrated border management assessment recently completed by the
European Union is expected to contribute to this exercise.
4.
Arms proliferation
45.
While the visibility of armed brigades in the streets has diminished
over the past months, the clearance of landmines and explosive
remnants of war and the accounting, safe storage and control of arms
and ammunition remained key concerns in many communities. Through the
United Nations Mine Action Service, UNSMIL has been working closely
with the Libyan armed forces and a number of brigades to develop safe
arms and ammunition storage areas. UNSMIL has worked with the armed
forces and the Office of the Prime Minister to develop arrangements
that would coordinate all Libyan and international efforts in the
areas of mine action, small arms and light weapons, ammunition
storage and related chemical and nuclear materiel.
46.
Of most concern is the ordnance held by the brigades and individual
former fighters, and the potential danger that they pose to Libyan
society. Progress has been made by UNSMIL with key revolutionary
units in Misratah, following presentations in which advice was
provided on the safe storage and security of ammunition and weapons.
The Mission has prepared a training package on small arms and light
weapons awareness and worked with the Warriors’ Affairs Commission
for Rehabilitation and Development to implement some weapons
registration. More recently, UNSMIL has been working with the Libyan
army on storage facilities and stockpile management issues.
47.
During the reporting period, some progress was achieved in planning
the destruction of chemical materials and weapons. Libya submitted a
plan to the Organization for the Prohibition of Chemical Weapons for
the destruction of declared chemical materials, which have now been
moved and centralized at the Ruwagha depot in south-eastern Libya. It
is envisaged that the destruction of some 13 tons of bulk sulphur
mustard stocks could resume before the end of 2012, while the
destruction of munitions filled with mustard agent is expected to
begin in March 2013.
5.
Landmines and explosive remnants of war
48.
Between April and July, the Joint Mine Action Coordination Team
cleared 176,758 items of unexploded ordnance and explosive remnants
of war. To date, several hundred farms have been searched and
declared safe for resumption of economic activity. In addition, some
120 schools and almost 3,000 homes have been cleared. While the
results have been significant, contamination remains high in
Misratah, Sirte and the Nafusa mountain regions, where 27 clearance
teams and 30 mine risk education teams continue to work.
49.
Risk education efforts, coordinated jointly by the United Nations
Children’s Fund (UNICEF) and the United Nations Mine Action
Service, continued, with more than 185,000 persons having received
messages directly from risk education facilitators to date. The
overall number of beneficiaries of these efforts is believed to be
substantially higher, largely because of outreach through social
media. In addition, UNICEF has supported training of teachers and
master trainers of the Ministry of Education and has worked to
integrate risk education in school curricula and textbooks. Risk
education facilitator networks have expanded through the use of
volunteer groups, including the Libyan Red Crescent and the Public
Scout and Girl Guide Movement of Libya.
50.
Humanitarian mine action continues to be limited by funding
shortfalls. After some initial interest and support from donors
following the launch of the mine action appeal in December 2011,
support has waned. Recent proposals for support from the Government
are pending a decision.
6.
Integration, demobilization and reintegration
51.
Together with the United Nations country team, UNSMIL continues to
offer technical advice and facilitate international assistance to the
Libyan authorities on integration, demobilization and reintegration
issues, including to the Warriors’ Affairs Commission for
Rehabilitation and Development. Areas of joint action include civic
education, media advice, disarmament and employment opportunities for
revolutionary fighters. In June and July, in coordination with the
World Health Organization and the Ministry of Health, UNSMIL deployed
two experts from the Gaza Community Mental Health Programme to train
approximately 175 personnel of the Warriors’ Affairs Commission in
psychosocial counselling and to evaluate further needs for
capacity-building in referral services.
52.
UNSMIL continued to coordinate and facilitate international efforts
in the areas of integration, demobilization and reintegration,
including through the creation of an international partners forum. On
2 May, the Warriors’ Affairs Commission presented its programme to
the international community, in the presence of representatives from
the ministries of labour, planning and health.
D.
Socioeconomic recovery and coordination of international assistance
53.
On 11 March, the Government approved a budget of $52.3 billion for
2012, of which $14.6 billion was earmarked for development projects
covering education, infrastructure, health and oil and gas.
54.
Foreign companies and investors, seen as central to economic revival,
have expressed interest in returning to Libya. Security concerns and
potential challenges on the legal front have, however, discouraged
many investors. In an effort to encourage their return, Libya hosted
two concurrent international trade conferences, entitled
“Infrastructure Libya 2012” and “Oil and Gas Libya 2012”,
from 23 to 26 April.
55.
Following an official staff visit to Libya in May, the International
Monetary Fund highlighted needs in the following areas:
capacity-building of public finance mechanisms and institutions;
improving the quality of education; rebuilding infrastructure;
financial market development; reducing hydrocarbon dependence; and
putting in place an efficient social safety net. It also called upon
Libya to set up a governance framework based on principles of
transparency and accountability that would promote private-sector-led
development, job creation and inclusive growth.
56. On
29 March, the Ministry of Planning hosted a meeting with the
international community to present the Government’s strategic plan.
The meeting was co-chaired by the Deputy Prime Minister, the Minister
of Planning and my Deputy Special Representative. As part of the
strategic plan, the Ministry presented a framework for coordination
between the Government and the international community. The framework
links strategic policy coordination by the Office of the Deputy Prime
Minister with operational coordination by the Ministry of Planning
and implementation of technical cooperation activities with line
ministries and other national stakeholders. It includes the creation
of six sectoral working groups in the following priority areas:
economic recovery; capacity-building; health and environment;
education and scientific research; justice and human rights; and
infrastructure and housing.
57.
UNSMIL and the World Health Organization supported the ministries of
planning and health in organizing two meetings of the health sector
working group. The mapping of continuing and planned activities in
the economic recovery and capacity-building sectors has been
completed and the first working group meetings for these two areas
are being planned. The meetings of the remaining sectoral working
groups are expected to be held upon completion of the mapping
processes. Such meetings provide opportunities for the Government and
the international community jointly to identify areas in which
additional international assistance is required.
58. The
United Nations country team has aligned its plans with the
Government’s strategic plan by developing a common United Nations
country team strategic framework. The revised framework was discussed
at a workshop convened by the Ministry of Planning with Government
line ministries and United Nations agencies on 29 July. A follow-up
workshop is planned in mid-September to endorse the framework
document.
E. Humanitarian
situation
59. While
some of the people displaced during the 2011 conflict have returned,
the escalation of ethnic and tribal tensions and sporadic fighting in
areas such as Ghadamis, Kufra, the Nafusa mountains and Sabha have
resulted in fresh displacements of more than 25,000 persons, albeit
mostly of a short-term and temporary nature. Overall, the number of
internally displaced persons fluctuates between 65,000 and 80,000,
primarily Tawerghas and other minorities who fear reprisals in their
areas of origin.
60.
Organizations including the Libyan Humanitarian Relief Agency, United
Nations agencies and other national and international partners have
continued to provide assistance while seeking to identify longer-term
solutions, such as improved living conditions, access to schools,
employment and other basic services, in addition to reconciliation
between communities to allow their return to their areas of origin.
Joint UNSMIL-United Nations country team missions were undertaken to
Ghadamis and Dirj on 23 April, and to Zintan and Shagiga in the first
week of July, to discuss community reconciliation and the peaceful
resolution of disputes with local authorities and community
representatives.
61. In
the absence of a comprehensive legal framework governing their
presence in Libya, irregular migrants and potential asylum seekers
continue to be at risk of arrest, detention, deportation and
exploitation with little legal recourse. While the Ministry of the
Interior has gradually increased its control over some migrant
detention facilities, many continue to be operated by different
authorities without guidance or support. In the case of facilities in
Gatroun and Umm al Aranib, more than 1,000 people, including women
and children, endure overcrowding, food and water scarcity and poor
sanitation. The Office of the United Nations High Commissioner for
Refugees, the International Organization for Migration and other
organizations have responded with humanitarian assistance to these
and other facilities. Early in July, several hundred migrants were
deported to Chad without legal review and in difficult conditions,
during which time two died.
62.
According to estimates by the Office of the United Nations High
Commissioner for Refugees, more than 1,300 people, including
potential asylum seekers, children and pregnant women, attempted the
dangerous sea crossing from Libya to Europe in 2012. Since May, more
than 103 people have been declared dead or lost at sea attempting the
journey.
IV. Deployment
of the Mission
63. By
its resolution 66/263, the General Assembly approved the Mission’s
human resource requirements of 272 civilian staff, comprising 177
international and 95 national staff members, and 15
Government-provided personnel to provide expertise in the area of
policing and rule of law.
64.
As at 10 August, a total of 168 UNSMIL international and national
staff members had been deployed: 144 in Tripoli, 14 in Benghazi, 4 in
Sabha and 6 at the Global Service Centre in Brindisi, Italy. The
last-mentioned group continues to provide back-office support in line
with the global field support strategy of the Department of Field
Support.
V. Safety
and security
65. The
United Nations continued to operate effectively throughout Libya in
the first half of 2012. Additional security concerns emerged during
the second quarter, however. The international community sustained at
least 10 attacks involving the use of improvised explosive devices,
small arms fire and/or rocket-propelled grenades against its convoys,
offices and compounds, mainly in Benghazi but also in Darnah,
Misratah, Sabha and Tripoli. On 10 April, my Special Representative
was the subject of one such attack on his convoy in Benghazi and, on
17 July, an UNSMIL convoy came under small arms fire outside Darnah.
These attacks, which appear to have become more persistent, are
thought to be the work of religious and/or political extremist
elements. In recent months, United Nations vehicles have twice been
hijacked in Tripoli.
66.
In the light of the changing environment, the integrated United
Nations security management system approach to the safety and
security of United Nations personnel in Libya was further refined in
April and June. Measures have been strengthened to protect United
Nations personnel, in particular in the east.
VI. Future
role of the Mission
67. By
its resolution 2040 (2012), the Security Council requested me to
report on steps taken by UNSMIL to engage with the new Government of
Libya to ensure that it continued effectively to support Libya’s
specific needs, with a view to reviewing and adjusting the mandate as
necessary. UNSMIL will continue to provide assistance that is
responsive to the requests of Libyan counterparts in accordance with
the principle of national ownership. In advance of the formation of
the new Government and the opportunity to engage with new ministers,
the following indications of the future role of UNSMIL must be
regarded as provisional and subject to such engagement. These
indications are based on the Mission’s current mandate, which
continues to be valid as it provides the Mission with the scope and
breadth to prepare for a range of engagements that will probably be
requested by the new Libyan authorities. UNSMIL will continue to be
guided by the principle of effective coordination and will mobilize
external expertise as required, based on comparative advantage.
A. Democratic
transition
68.
UNSMIL, together with UNDP, has offered support to the newly elected
General National Congress, including induction training for members
regarding their roles and responsibilities, development of internal
rules and procedures and the establishment of a secretariat.
69.
UNSMIL is preparing to support the Libyan constitutional development
process. Given that this process must be led and owned by Libyans,
all plans are contingent upon the desire of the constitutional
commission for assistance. UNSMIL will offer a broad assistance
package, including options for the General National Congress on the
selection process, the early formation of a commission secretariat
and draft rules of procedure, in addition to both induction training
and continuing substantive expert assistance. UNDP is moving forward
with public outreach plans, focusing on projects that provide basic
civic education on constitutional issues and facilitate interaction
between the Government and the public. The United Nations electoral
team will support the constitutional referendum process and elections
for a constituent assembly, if required.
B. Public
security
70. Public
security in Libya will be enhanced only if the new Government makes
significant efforts to implement nationally owned security sector
reforms. UNSMIL will strengthen its support in key governance areas,
including the establishment of effective national security
architecture and the reform and professionalization of the security
forces and their respective ministries. It will continue to promote
sustainable disarmament, demobilization and/or integration or
reintegration programmes for ex-combatants and revolutionary brigade
personnel. It will support national actors to define needs and
priorities, to match them with assistance from the United Nations and
other international partners and to coordinate the delivery of such
assistance.
C. Arms
proliferation and border security
71.
UNSMIL will continue to offer its support to the Libyan authorities
in ammunition and weapons management, including physical security,
stockpile management and control, in addition to clearance of
explosive remnants of war. In coordination with the European Union
and bilateral partners, the Mission will continue to support efforts
to tackle challenges relating to border security, including support
to ensure an integrated and well-coordinated approach among all
relevant Libyan entities. It will continue to support the
implementation of the action plan adopted in March to boost regional
border security.
D. Human
rights, transitional justice and rule of law
72. Progress
in the short term on key issues such as conflict-related detentions
and the trials of former regime members is essential to building
public confidence in the new Government’s commitment to respecting
the rule of law and human rights. UNSMIL will urge and assist the
Prosecutor-General and relevant ministries to accelerate the
processing of conflict-related detainees, to put in place protection
measures to prevent and investigate torture and mistreatment in
detention facilities and to devise a prosecutorial strategy to deal
with the trials of senior former regime members. In the longer term,
UNSMIL and the United Nations country team will lend strategic
support in building the capacity of civil society to advocate human
rights, in addition to developing policies and a framework to tackle
gender-based discrimination and violence, including in relation to
sexual violence. The Mission will work to support the new national
authorities in articulating and implementing a coherent strategy on
transitional justice that would provide a forum for the resolution of
conflicts based on past grievances and enable victims to seek
redress. It will continue to support the Ministry for Assistance to
the Families of Martyrs and Missing Persons to strengthening its
forensic capacity.
E. International
coordination and partnerships
73. UNSMIL
and the United Nations country team will continue to support the
Government in its efforts to harmonize international support in such
priority areas as democratic governance, security, disarmament,
demobilization and reintegration, transitional justice, economic
development and basic service delivery. UNSMIL, with its
international partners, will step up its efforts to support the
international coordination architecture established by the Government
and will continue to promote the alignment of international efforts
with national priorities and sectoral plans.
F. Mission
approach
74. In
the context of the transition from the interim Government to its
successor, the Mission’s concept of operations, based on attributes
of responsiveness, flexibility and speed, remains valid. The
Mission’s small team of senior advisers continues to provide
high-level technical advice and share comparative experiences in all
mandate areas, bringing in targeted expertise from outside the United
Nations system when required, in response to specific requests from
the Libyan authorities. UNSMIL and the United Nations country team
are developing systems to allow for the rapid identification and
deployment of civilian expertise that extends beyond in- country
capacity. Such a response, which in many instances is required at
short notice, is being implemented under the dual imperatives of
national ownership and South-South cooperation. The United Nations
civilian capacity approach in Libya is designed to be driven by
demand and to foster the transfer of experiences and knowledge
primarily from civilian experts from the region or other countries
that have undergone similar transitions.
75.
To effectively implement its concept of operations, the United
Nations is further consolidating internal systems and processes,
including through the establishment of a dedicated civilian capacity
window in the Libya Recovery Trust Fund for ease of access by United
Nations agencies. As the transition moves towards new milestones,
however, the ability to adequately respond to Libya’s priorities
will require the active engagement of the Libyan authorities to
consolidate and clarify their requests for assistance and a renewed
commitment by the international community to coordinate bilateral
interventions, reduce transaction costs and ensure coherence.
G. Safety
and security of United Nations personnel
76. The
current approach to the safety and security of United Nations
personnel, which was confirmed in the biannual review of the country
security risk assessment for Libya, held in July, has proved to be
effective and will probably remain valid for the foreseeable future.
Actual and potential security risks to United Nations personnel will
continue to be identified and mitigated on the basis of a systematic
analysis of the operating environment, the development of key
contacts with Libyan counterparts, the strategic application of
United Nations resources, a measured visibility and a unique approach
to United Nations facilities management, staff deployment and
movement within Libya.
VII. Financial
aspects
77.
By its resolution 66/263, the General Assembly approved an amount of
$36,039,100 for the Mission for the period from 1 January to 31
December 2012, to be charged against the provision for special
political missions appropriated under section 3, political affairs,
of the programme budget for the biennium 2012-2013.
78. The
resource requirements on the Mission for 2013 will be submitted as
part of the 2013 budgets for special political missions.
VIII. Observations
and recommendations
79. The
General National Congress elections on 7 July marked a major
milestone in Libya’s transition towards a modern democratic State
and drew to a close decades of autocratic rule. I express my
admiration for the determination, courage and pride with which the
Libyan people went to the polls. In this regard, I wish to commend
the High National Election Commission for its professionalism,
transparency and flexibility in administering the polls, given the
time constraints, the volatile security environment and the dearth of
experience in electoral administration. The success of these
elections, including in the east of the country, where strongly
entrenched feelings of marginalization proved a major challenge in
the lead-up to the polls, provides a unique opportunity to channel
the growing debate on representation and governance structures
through political dialogue and an inclusive constitution- making
process.
80. The
task of carrying the political process forward rests with Libya’s
leaders. I encourage them to display the same spirit of determination
and courage that their people have shown to ensure a smooth and
successful transition beyond the revolutionary phase and begin the
process of rebuilding their country. I urge them to take swift and
decisive steps to form a new Government that is inclusive, broadly
participatory and enjoys the support of the Libyan people. Progress
in this regard will allow for immediate challenges to be tackled
effectively, including the difficult process of building strong,
accountable and modern State institutions, the collection of arms and
the integration of revolutionaries into security institutions. This
will help to put the country on the path towards democracy, national
reconciliation and long-term stability.
81. Post-revolution
Libya has afforded women and young people the long-awaited
opportunity to be part of this political process. The electoral
process helped to galvanize women as voters and candidates and to
energize a growing civil society movement, which is now mobilized to
contribute to Libya’s continued democratic transformation and to
advocate political and human rights.
82. The
new Libyan authorities will face significant challenges and a heavy
legacy from the former regime as they endeavour to tackle illegal
migration and smuggling, border control, the proliferation of
weapons, reversing policies of long-standing discrimination against
minority communities and national reconciliation. The periodic
fighting between various communities is a stark reminder of the
urgent need for a structured and concerted effort by the State
towards national reconciliation, and issues relating to transitional
justice and the rule of law.
83.
I remain deeply concerned about the length of detention and treatment
of detainees in Libya. I urge the country’s leadership to
accelerate measures to deal with this issue and, in particular, to
charge or release conflict-related detainees, so that no one is held
outside the framework of the law. The conditions of migrants and
third-country nationals in detention also need urgent improvement,
and a new policy framework must be developed to regulate migrant
labour in a manner that can benefit Libya and its neighbours while
respecting the human rights of migrants. Cases of mistreatment and
torture in detention should be investigated and perpetrators held
accountable. The drafting of a new constitution represents an
opportunity to ensure that the fundamental rights of individuals are
both protected and enforced by strong State institutions. Strong rule
of law institutions are essential to Libya’s future as a democracy.
84. The
time is ripe to implement an effective strategy to tackle the crimes
of the past. While the recent commencement of trials of former senior
regime figures is a welcome development, there should be safeguards
to ensure that the trials are conducted fairly and transparently.
There is also a need for a truth-seeking process that is
victim-centred and socially dynamic, led by individuals who are
representative of the diverse composition of Libyan society. The
process should culminate in reparations, reconciliation between
communities and recommendations for reform. An effective transitional
justice strategy will help to consolidate democracy and rebuild trust
in State institutions charged with enforcing the rule of law.
85. The
early signs of Libya’s transformation to a democratic State where
the rule of law prevails are positive, but security remains fragile,
with several security forces exercising coercive force. Differing
tribal, regional and criminal interests are likely to persist and
compete for political and economic power, while the continuing threat
posed by the large numbers of available weapons and ordnance could
undermine the public’s sense of security and its confidence in the
capability of the Libyan security forces.
86.
The successful demobilization and integration or reintegration of
former fighters is important, but will depend on the achievement of
broad public and political consensus in several priority areas, which
may be difficult in the near term. There will be a need for consensus
on national security architecture and on the implementation of
meaningful defence and police reform programmes. Such programmes must
be able to demonstrate to the Libyan population that the State’s
security forces are under democratic civilian control, are
professional and effective and will be held accountable for their
actions. This is a heavy task for a country that has little tradition
in these critical matters and will need to be underwritten by new
legislation. Strong political commitment by the new Government,
backed by a united approach from the international community,
provides the best chance of success, but both may prove difficult to
achieve in a contentious environment.
87.
The fragmented domestic security situation remains an obstacle to the
establishment of effective border security and counter-trafficking
and counter- terrorism mechanisms, in addition to controls over the
acquisition of materiel by security forces and the broader
population. Failure to promptly meet these concerns will make the
task of security sector reform and restructuring more difficult. In
dealing with this fragile security situation, I call upon the
Security Council to join me in encouraging regional organizations and
Member States to support the Mission’s coordination role. Its
advisory approach has proved successful to date and should be
continued, but must be complemented by a flexible and timely ability
to swiftly assemble international expertise capable of providing
Libya with the right advice at the right time.
88. In
a context of immense challenges and numerous priorities, the
Government needs time and capacity to articulate a vision for the
full range of support that it requires from the international
community. It is expected that requests for support will be
formulated gradually on the basis of emerging needs. For its part,
the international community needs to ensure that assistance provided
to Libya is harmonized and consistent, corresponding to Libyan
priority needs. This requires strengthening the international
community’s engagement in the coordination structures jointly
established by the Government and the international community and
supporting Libyan efforts to coordinate international assistance so
that adequate and timely support is provided to the new Government in
its State-building efforts.
89. Libya
now stands at another key moment in forging its future. It has shown
the international community, beyond dire predictions, the capacity of
its people to rise to immense challenges. The United Nations and the
international community must again support Libya’s new political
and civil society leaders in the next phase of its transition.
90. In
closing, I commend the Libyan authorities and the Libyan people for
their efforts in consolidating their democratic transition, in
particular the historic elections of 7 July. I wish to thank the
National Transitional Council and the interim Government for their
close cooperation and collaboration with the United Nations. I am
grateful to the people of Libya for their support to the United
Nations. I thank all those international development partners,
regional organizations and others who have supported the Libyan
people in their efforts to secure peace and stability. I wish to
extend my sincere appreciation to the staff of UNSMIL and the United
Nations system for their continued efforts to support Libya’s
transition under the leadership of my Special Representative, Ian
Martin. Lastly, I thank Mr. Martin for his exemplary service in
support of the Libyan people and in leading UNSMIL.
Follow me on Twitter @NabilAbiSaab
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