 |
Tarek Mitri (left), Special Representative of the Secretary-General
and Head of the UN Support Mission in Libya (UNSMIL),
speaks to journalists following Security Council
meetings on the situation in that country. 29 January 2013
|
06 Mar 2013
The Security Council,
PP1. Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of 17
March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October 2011,
2017 (2011) of 31 October 2011, 2022 (2011) of 2 December 2011, and 2040 of 12
March (2012),
PP2. Reaffirming its strong commitment to the sovereignty, independence, territorial
integrity and national unity of Libya,
PP3. Reaffirming its resolutions 1674 (2006) and 1894 (2009) on the protection of civilians
in armed conflict, 1612 (2005), 1882 (2009), 1998 (2011), and 2068 (2012) on
children in armed conflict, and 1325 (2000), 1820 (2008), 1888 (2009), 1889
(2009), and 1960 (2010) on women, peace and security,
PP4.
Looking forward to a
future for Libya based on national reconciliation, justice, respect for human
rights and the rule of law,
PP5.
Emphasising the importance of
promoting the equal and full participation of all sectors of Libyan society,
including women, youth and minority communities in the political process in the
post-conflict phase,
PP6.
Recalling its
decision in resolution 1970 (2011) to refer the situation in Libya to the
Prosecutor of the International Criminal Court, and the importance of cooperation
for ensuring that those responsible for violations of human rights and
international humanitarian law, including attacks targeting civilians, are held
accountable,
PP7.
Expressing deep
concern about reports of sexual violence during the conflict in Libya against
women, men and children including in prison facilities and detention centres, and
the recruitment and use of children in situations of armed conflict in
contravention of applicable international law,
PP8.
Expressing
concern
at the lack of judicial process for conflict-related detainees, many of whom
continue to be held outside state authority, and expressing deep concern at reports of human rights violations and
abuses in detention centres, and taking
note of recent actions by the Ministry of Justice to address these issues,
PP9. Reiterating
that
the voluntary, safe and sustainable return of refugees and internally displaced
persons will be an important factor for the consolidation of peace in Libya,
PP10.
Expressing concern at
the illicit proliferation of all arms and related materiel of all types, in
particular heavy and light weapons, small arms and man-portable surface-to-air
missiles, from Libya, in the region and its impact on regional and
international peace and security,
PP11.
Reminding all Member
States of the obligations contained in its resolutions 1970 (2011) and
1973 (2011), as modified in its subsequent resolutions, in particular
those obligations relating to arms and related materiel of all types,
PP12.
Expressing concern at
an escalating series of security incidents in the east of Libya and along its
southern borders,
PP13. Recalling the
establishment of the United Nations Support Mission in Libya (UNSMIL) on 16
September 2011, and reaffirming that the United Nations should lead the coordination of the efforts of
the international community in supporting the Libyan-led transition and institution-building
process aimed at establishing a democratic, independent and united Libya,
PP14. Noting the centrality of credible elections and an inclusive constitutional drafting
process to the democratic transition in Libya, and reaffirming UNSMIL’s
readiness to provide assistance to this process, upon the request of the Libyan
government,
PP15. Supporting the Libyan government’s intention to strengthen regional security and welcoming,
in this regard, the agreement among Libya, Chad, Niger and Sudan to form a
joint committee to address issues related to border security and the 12 January
meeting in Ghadames with the Prime Ministers of Libya, Tunisia and Algeria that
agreed joint measures to combat organised crime and illicit flows,
PP16.
Taking note of the Libyan government’s priorities for international assistance in
the areas of security sector reform, rule of law and transitional justice, and welcoming the support of UNSMIL in this regard,
including at the meetings convened by the Libyan government with international
partners in London on 17 December and Paris on 12 February,
PP17.
Taking note of the
Report of the Secretary-General on UNSMIL (S/2013/104), including the
recommendation for the 12 month extension of the UNSMIL mandate,
PP18.
Taking note of
the final report of the Panel of Experts submitted pursuant to paragraph 10(b)
of resolution 2040 (2012) and the findings and recommendations contained
therein,
PP19. Mindful of its primary responsibility for the maintenance of international peace
and security under the Charter of the United Nations,
PP20. Acting under Chapter VII of the Charter of the United Nations,
1.
Welcomes the positive
developments in Libya, including the 7 July 2012 national elections, the
establishment of the General National Congress and the peaceful transfer of
authority from the National Transitional Council to the first democratically
constituted national unity government,, which will improve the prospects for a
democratic, peaceful and prosperous future for its people;
2.
Looks forward to the
establishment of an inclusive constitutional drafting process, and reiterates
the need for the transitional period to be underpinned by a commitment to
democracy, good governance, rule of law, national reconciliation and respect
for human rights and fundamental freedoms of all people in Libya;
3.
Calls upon the Libyan
authorities to promote and protect human rights, including those of women and
people belonging to vulnerable groups, to comply with their obligations under
international law, including human rights law, and calls for those responsible for serious violations of such law,
including sexual violence, to be held accountable in accordance with
international standards, and urges all Member States to
cooperate closely with the Libyan authorities in their efforts to end impunity
for such violations;
4.
Expresses
grave
concern at continuing reports of reprisals, arbitrary detentions without access
to due process, wrongful imprisonment, mistreatment, torture and extrajudicial
executions in Libya and calls upon the Libyan authorities to take all
steps necessary to accelerate the judicial process, transfer detainees to state
authority and prevent and investigate violations and abuses of human rights, underscores
the Libyan authorities’ primary responsibility for the protection of Libya’s
population, and calls for the
immediate release and safe return of all foreign nationals illegally detained
in Libya;
5.
Encourages Libya and neighbouring States to continue efforts to establish
regional cooperation aimed at stabilisation of the situation in Libya and to prevent former Libyan regime elements and violent extremist groups from using the
territories of such States to plan, fund or carry out violent or other illicit
acts to destabilize Libya and the States in the region, and notes that such cooperation
would benefit stability in the Sahel region;
UN Mandate
6.
Decides to extend
the mandate of the United Nations Support Mission in Libya (UNSMIL) for a
further period of 12 months under the leadership of a Special
Representative of the Secretary-General, and decides further that the
mandate of UNSMIL, as an integrated special political mission in full
accordance with the principles of national ownership, shall be to assist the
Libyan government to define national needs and priorities throughout Libya, and
to match these with offers of strategic and technical advice where appropriate,
and to support Libyan efforts to:
a) manage the process of democratic
transition, including through technical advice and assistance to Libyan
electoral processes and the process of preparing and establishing a new Libyan
constitution, and assistance that improves institutional capacity, transparency
and accountability, promotes the empowerment and political participation of
women and minorities, including in the constitutional drafting process, and
supports the further development of Libyan civil society;
b) promote the rule of law and monitor and
protect human rights, in accordance with Libya’s international legal
obligations, particularly those of women and people belonging to vulnerable
groups, such as children, minorities and migrants, including through assisting
the Libyan authorities to ensure the humane treatment of and due process for
detainees and to reform and build transparent and accountable justice and
correctional systems, supporting the development and implementation of a
comprehensive transitional justice strategy, and providing assistance towards
national reconciliation;
c) restore public security, including
through the provision of appropriate strategic and technical advice and
assistance to the Libyan government to develop capable institutions and
effective national security coordination, and implement a coherent national policy
for the integration of ex-combatants into Libyan national security forces or
their demobilisation and reintegration into civilian life, including education
and employment opportunities, and to develop defence, police and security
institutions that are capable, accountable, respectful of human rights and
accessible and responsive to women and vulnerable groups;
d) counter illicit proliferation of all
arms and related materiel of all types, in particular heavy and light weapons,
small arms and man-portable surface-to-air missiles, including through the
development of a coordinated strategy in this regard, to clear explosive
remnants of war, conduct demining programmes and conventional munitions
disposal, secure and manage Libya’s borders, and implement international
conventions on chemical, biological and nuclear weapons and materials, in
coordination with the relevant UN agencies, the Organization for the
Prohibition of Chemical Weapons, and international and regional partners;
(e) coordinate international assistance and
build government capacity across all relevant sectors set out in relation to
paragraphs 6 (a) to (d), including by supporting the appropriate coordination
mechanism within the Libyan government, advice to the Libyan government to help
identify priority needs for international support, engaging international
partners in the process wherever appropriate, facilitation of international
assistance to the Libyan government, and establishing a clear division of labour
and regular and frequent communication between all those providing assistance
to Libya;
7.
Encourages UNSMIL to
continue to support efforts to promote national reconciliation, inclusive
political dialogue and political processes aimed at promoting free, fair and
credible elections, transitional justice and respect for human rights
throughout Libya;
Arms embargo
8.
Decides that the approval requirement in paragraph 9(a) of 1970 (2011) for supplies of non-lethal military equipment intended solely for
humanitarian or protective use, and related technical assistance or training, shall no longer apply;
9.
Decides that the notification and decision requirements in paragraph 13 (a) of
2009 (2011) shall no longer apply to non-lethal military equipment intended solely for security or disarmament assistance to the Libyan
authorities, and further decides that
these requirements shall no longer apply to technical assistance, training and financial assistance, intended
solely for security or disarmament assistance to the Libyan authorities;
10.
Encourages the Libyan
government to improve further the monitoring of arms or related materiel that
is supplied, sold or transferred to Libya in accordance with paragraph 9 (c) of resolution 1970 (2011) or
paragraph 13 of resolution 2009 (2011), and encourages Member States and
regional organisations to provide assistance to the Libyan government to
strengthen the infrastructure and mechanisms currently in place to do so,
11.
Expresses concern at the reports of continuing violations of the measures
contained in resolutions 1970 (2011) and 1973 (2011), as modified
in its subsequent resolutions, and recalls
the mandate of the Committee, as defined in paragraph 24 of resolution 1970
(2011), to examine and take appropriate action on information regarding alleged
violations or non-compliance with those measures,
Asset Freeze
12.
Recalls paragraph
22 of resolution 1970 (2011) and paragraph 23 of resolution 1973 (2011), recalls
that the measures specified in paragraphs 15, 16, 17, 19, 20 and 21 of
resolution 1970 (2011) shall also apply to individuals or entities who are
determined by the Council or the Committee to have assisted, provided support
to, or acted for or on behalf of or at the direction of individuals
designated for the measures contained in paragraphs 15 and 17 of
resolution 1970 (2011) or paragraph 19 of resolution 1973 (2011), and, in this
regard, further recalls its decision that the measures specified in
paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011) shall apply also
to individuals and entities determined by the Council or the Committee to have
violated the provisions of resolution 1970 (2011), particularly paragraphs 9
and 10 thereof, or to have assisted others in doing so;
13. Directs the Committee, in consultation with the Libyan government, to review
continuously the remaining measures imposed by resolutions 1970 (2011) and 1973
(2011), as modified by resolution 2009 (2011), with respect to the Libyan
Investment Authority (LIA) and the Libyan Africa Investment Portfolio (LAIP),
and decides that the Committee shall,
in consultation with the Libyan government, lift the designation of these
entities as soon as practical to ensure the assets are made available to and
for the benefit of the people of Libya;
Panel of Experts
14. Decides to extend the mandate of the Panel of Experts, established by paragraph
24 of resolution 1973 (2011) and modified by resolution 2040 (2012), for a
period of one year, to carry out the following tasks:
a) assist
the Committee in carrying out its mandate as specified in paragraph
24 of resolution 1970 (2011);
b) gather,
examine and analyse information from States, relevant United Nations
bodies, regional organisations and other interested parties regarding the
implementation of the measures decided in resolutions 1970 (2011) and 1973
(2011) and modified in resolutions 2009 (2011) and 2040 (2012), in particular
incidents of non-compliance;
c) make
recommendations on actions that the Council, the Committee, the Libyan government
or other States may consider to improve implementation of the relevant
measures;
d) provide
to the Council an interim report on its work no later than 90 days after
the Panel’s appointment, and a final report to the Council no later than 30
days prior to the termination of its mandate with its findings and
recommendations;
15.
Urges all States,
relevant United Nations bodies, including UNSMIL, and other interested parties,
to cooperate fully with the Committee and the Panel, in particular by supplying
any information at their disposal on the implementation of the measures decided
in resolutions 1970 (2011) and 1973 (2011), and modified in resolutions 2009
(2011) and 2040 (2012), in particular incidents of non-compliance;
16.
Encourages the Panel, while mindful of UNSMIL’s responsibility for assisting the
Libyan authorities to counter illicit proliferation of all arms and related
materiel of all types, in particular heavy and light weapons, small arms and
man-portable surface-to-air missiles, and
to secure and manage Libya’s borders, to continue and expedite its
investigations regarding sanctions non-compliance, including illicit transfers
of arms and related materiel to and from Libya and the assets of individuals
subject to the asset freeze established in resolutions 1970 (2011) and 1973 (2011), and modified in resolutions
2009 (2011), 2040 (2012) and this resolution, and encourages
UNSMIL and the Libyan authorities to support Panel investigatory work inside
Libya, including by sharing information, facilitating transit and granting
access to weapons storage facilities, as appropriate;
Reporting and review
17. Expresses its intent to review the mandate of the Committee in the event that the
measures imposed in resolutions 1970 (2011) and
1973 (2011), and modified in resolutions 2009 (2011) and 2040(2012), should be
lifted by a future decision of the Security Council;
18. Requests the
Secretary-General to report to the Security Council on the implementation of
this resolution, including all elements of UNSMIL’s mandate, every 90 days;
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