United Kingdom of Great
Britain and Northern Ireland: draft resolution
The Security Council,
Recalling its
press statement of 21 April on the maritime tragedy in the Mediterranean Sea,
Reaffirming its
strong commitment to the sovereignty, independence, territorial integrity and
national unity of Libya,
Recalling that
international law, as reflected in the United Nations Convention on the Law of
the Sea of 10 December 1982, sets out the legal framework applicable to
activities in the ocean,
Reaffirming also
the United Nations Convention against Transnational Organized Crime (UNTOC
Convention) and its Protocol against the Smuggling of Migrants by Land, Air and
Sea, as the primary international legal instruments to combat the smuggling of
migrants and related conduct, and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the UNTOC
Convention, as the primary international legal instruments to combat
trafficking in persons,
Underlining
that, although the crime of smuggling of migrants may share, in some cases,
some common features with the crime of trafficking in persons, Member States
need to recognise that they are distinct crimes, as defined by the UNTOC
Convention and its Protocols, requiring differing legal, operational, and
policy responses,
Deploring the
continuing maritime tragedies in the Mediterranean Sea that have resulted in
hundreds of casualties, and noting with
concern that such casualties were, in some cases, the result of
exploitation and misinformation by transnational criminal organisations which
facilitated the illegal smuggling of migrants via dangerous methods for
personal gain and with callous disregard for human life,
Expressing grave
concern at the recent proliferation of, and endangerment of lives by, the
smuggling of migrants in the Mediterranean Sea, in particular off the coast of
Libya and recognizing that among
these migrants may be persons who meet the definition of a refugee under the
1951 Convention relating to the Status of Refugees and the 1967 Protocol
thereto,
Emphasizing in
this respect that migrants, including asylum-seekers and regardless of their
migration status, should be treated with humanity and dignity and that their
rights should be fully respected, and urging
all States in this regard to comply with their obligations under international
law, including international human rights law and international refugee law, as
applicable, stressing also the
obligation of States, where applicable, to protect the human rights of migrants
regardless of their migration status, including when implementing their
specific migration and border security policies,
Reaffirming in
this respect the need to promote and protect effectively the human rights and
fundamental freedoms of all migrants, regardless of their migration status,
especially those of women and children, and to address international migration
through international, regional or bilateral cooperation and dialogue and
through a comprehensive and balanced approach, recognizing the roles and
responsibilities of countries of origin, transit and destination in promoting
and protecting the human rights of all migrants, and avoiding approaches that
might aggravate their vulnerability,
Further recalling
the International Convention for the Safety of Life at Sea and the
International Convention on Maritime Search and Rescue,
Expressing
further concern that the situation in Libya is exacerbated by the smuggling of migrants
and human trafficking into, through and from the Libyan territory, which could
provide support to other organised crime and terrorist networks in Libya,
Mindful of its
primary responsibility for the maintenance of international peace and security
under the Charter of the United Nations,
Underlining the
primary responsibility of the Libyan Government to take appropriate action to
prevent the recent proliferation of, and endangerment of lives by, the
smuggling of migrants and human trafficking through the territory of Libya and
its territorial sea,
Mindful of the
need to support further efforts to strengthen Libyan border management, considering the difficulties of the
Libyan Government to manage effectively the migratory flows in transit through
Libyan territory, and noting its
concern for the repercussions of this phenomenon on the stability of Libya and
of the Mediterranean region,
Welcoming
support already provided by the most concerned Member States, including Member
States of the European Union (EU), taking into account inter alia the role of
FRONTEX and the specific mandate of EUBAM Libya in support of the Libyan
Government, and by neighbouring States,
Acknowledging
the European Council statement of 23 April 2015 and the press statement of the
African Union Peace and Security Council of 27 April, which underlined the need
for effective international action to address both the immediate and long-term
aspects of human trafficking towards Europe,
Taking note of
the Decision of the Council of the European Union of 18 May 2015 setting up
‘EUNAVFOR Med’ which underlined the need for effective international action to
address both the immediate and long-term aspects of migrant smuggling and human
trafficking towards Europe,
Taking further note
of the ongoing discussions between the EU and the Libyan Government on
migration related issues,
Expressing also
strong support to the States in the region affected by the smuggling of
migrants and human trafficking, and emphasizing
the need to step up coordination of efforts in order to strengthen an effective
multidimensional response to these common challenges in the spirit of
international solidarity and shared responsibility, to tackle their root causes
and to prevent people from being exploited by migrant smugglers and human
traffickers,
Acknowledging
the need to assist States in the region, upon request, in the development of
comprehensive and integrated regional and national strategies, legal
frameworks, and institutions to counter terrorism, transnational organised
crime, migrant smuggling, and human trafficking, including mechanisms to
implement them within the framework of States’ obligations under applicable
international law,
Stressing that
addressing both migrant smuggling and human trafficking, including dismantling
smuggling and trafficking networks in the region and prosecuting migrant
smugglers, and human traffickers requires a coordinated, multidimensional
approach with States of origin, of transit, and of destination, and further acknowledging the need to develop
effective strategies to deter migrant smuggling and human trafficking in States
of origin and transit,
Emphasizing that
migrants should be treated with humanity and dignity and that their rights
should be fully respected, and urging
all States in this regard to comply with their obligations under international
law, including international human rights law and international refugee law, as
applicable,
Bearing in mind
the obligations of States under applicable international law to exercise due
diligence to prevent and combat migrant smuggling and human trafficking, to
investigate and punish perpetrators, to identify and provide effective
assistance to victims of trafficking and migrants and to cooperate to the
fullest extent possible to prevent and suppress migrant smuggling and human
trafficking,
Affirming the
necessity to put an end to the recent proliferation of, and endangerment of
lives by, the smuggling of migrants and trafficking of persons in the
Mediterranean Sea off the coast of Libya, and, for these specific purposes,
acting under Chapter VII of the Charter of the United Nations,
1. Condemns all acts of migrant smuggling
and human trafficking into, through and from the Libyan territory and off the
coast of Libya, which undermine further the process of stabilisation of Libya
and endanger the lives of thousands of people;
2. Calls on Member States acting nationally
or through regional organisations, including the EU, to assist Libya, upon
request, in building needed capacity including to secure its borders and to
prevent, investigate and prosecute acts of smuggling of migrants and human
trafficking through its territory and in its territorial sea; in order to
prevent the further proliferation of, and endangerment of lives by, the
smuggling of migrants and human trafficking into, through and from the territory
of Libya and off its coast;
3. Urges Member States and regional organisations,
in the spirit of international solidarity and shared responsibility, to
cooperate with the Libyan Government, and with each other, including by sharing
information about acts of migrant smuggling and human trafficking in Libya’s
territorial sea and on the high seas off the coast of Libya, and rendering
assistance to migrants and victims of human trafficking recovered at sea, in
accordance with international law;
4. Urges States and regional organisations
whose naval vessels and aircraft operate on the high seas and airspace off the
coast of Libya, to be vigilant for acts of migrant smuggling and human
trafficking, and in this context, encourages
States and regional organisations to increase and coordinate their efforts to
deter acts of migrant smuggling and human trafficking, in cooperation with
Libya;
5. Calls upon Member States acting
nationally or through regional organisations that are engaged in the fight
against migrant smuggling and human trafficking to inspect, as permitted under
international law, on the high seas off the coast of Libya, any unflagged
vessels that they have reasonable grounds to believe have been, are being, or
imminently will be used by organised criminal enterprises for migrant smuggling
or human trafficking from Libya, including inflatable boats, rafts and
dinghies;
6. Further calls upon such Member States to
inspect, with the consent of the flag State, on the high seas off the coast of
Libya, vessels that they have reasonable grounds to believe have been, are
being, or imminently will be used by organised criminal enterprises for migrant
smuggling or human trafficking from Libya;
7. Decides, with a view to saving the
threatened lives of migrants or of victims of human trafficking on board such
vessels as mentioned above, to authorise, in these exceptional and specific
circumstances, for a period of one year from the date of the adoption of this
resolution, Member States, acting nationally or through regional organisations
that are engaged in the fight against migrant smuggling and human trafficking,
to inspect on the high seas off the coast of Libya vessels that they have
reasonable grounds to suspect are being used for migrant smuggling or human
trafficking from Libya, provided that such Member States and regional organisations
make good faith efforts to obtain the consent of the vessel’s flag State prior
to using the authority outlined in this paragraph;
8. Decides to authorise for a period of one
year from the date of the adoption of this resolution, Member States acting
nationally or through regional organisations to seize vessels inspected under
the authority of paragraph 7 that are confirmed as being used for migrant
smuggling or human trafficking from Libya, and underscores that further action with regard to such vessels
inspected under the authority of paragraph 7, including disposal, will be taken
in accordance with applicable international law with due consideration of the
interests of any third parties who have acted in good faith;
9. Calls upon all flag States involved to
cooperate with respect to efforts under paragraphs 7 and 8, and decides that Member States acting
nationally or through regional organisations under the authority of those
paragraphs shall keep flag States informed of actions taken with respect to
their vessels, and calls upon flag
States that receive such requests to review and respond to them in a rapid and
timely manner;
10. Decides to authorise Member States
acting nationally or through regional organisations to use all measures
commensurate to the specific circumstances in confronting migrant smugglers or
human traffickers in carrying out activities under paragraphs 7 and 8 and in full
compliance with international human rights law, as applicable, underscores that the authorizations in
paragraph 7 and 8 do not apply with respect to vessels entitled to sovereign
immunity under international law, and calls
upon Member States and regional organisations carrying out activities under
paragraphs 7, 8 and this paragraph, to provide for the safety of persons on
board as an utmost priority and to avoid causing harm to the marine environment
or to the safety of navigation;
11. Affirms that the authorisations provided
in paragraphs 7 and 8 apply only with respect to the situation of migrant
smuggling and human trafficking on the high seas off the coast of Libya and
shall not affect the rights or obligations or responsibilities of Member States
under international law, including any rights or obligations under UNCLOS,
including the general principle of exclusive jurisdiction of a flag State over
its vessels on the high seas, with respect to any other situation, and further affirms that the authorisation
provided in paragraph 10 applies only in confronting migrant smugglers and
human traffickers on the high seas off the coast of Libya;
12. Underscores that this resolution is
intended to disrupt the organised criminal enterprises engaged in migrant
smuggling and human trafficking and prevent loss of life and is not intended to
undermine the human rights of individuals or prevent them from seeking
protection under international human rights law and international refugee law;
13. Emphasises that all migrants, including
asylum-seekers, should be treated with humanity and dignity and that their
rights should be fully respected, and urges all States in this regard to comply
with their obligations under international law, including international human rights
law and international refugee law, as applicable;
14. Urges Member States and regional organisations
acting under the authority of this resolution to have due regard for the
livelihoods of those engaged in fishing or other legitimate activities;
15. Calls upon all States, with relevant
jurisdiction under international law and national legislation, to investigate
and prosecute persons responsible for acts of migrant smuggling and human
trafficking at sea, consistent with States’ obligations under international
law, including international human rights law and international refugee law, as
applicable;
16. Calls for Member States to consider
ratifying or acceding to, and for States Parties to effectively implement the
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing
the United Nations Convention against Transnational Organized Crime, and as
well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children;
17. Requests States utilising the authority
of this resolution to inform the Security Council within three months of the
date of adoption of this resolution and every three months thereafter on the
progress of actions undertaken in exercise of the authority provided in
paragraphs 7 to 10 above;
18. Requests the Secretary-General to report
to the Security Council eleven months after the adoption of this resolution on
its implementation, in particular with regards to the implementation of
paragraphs 7 to 10 above;
19. Expresses its intention to review the
situation and consider, as appropriate, renewing the authority provided in this
resolution for additional periods;
20. Decides to remain seized of the matter.
