RES/19/39 Assistance for Libya in the field of human rights

GE.12-13194

Human Rights Council Nineteenth session

Agenda item 10

Technical assistance and capacity-building

Resolution adopted by the Human Rights Council*

19/39

Assistance for Libya in the field of human rights

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human

Rights and the other relevant international human rights treaties,

Recalling General Assembly resolutions 60/251 of 15 March 2006, and 66/11 of 18

November 2011, on the restoration of the rights of membership of Libya in the Human

Rights Council,

Recalling also Human Rights Council resolution 5/1 of 18 June 2007 on institution-

building of the Council,

Recalling further Human Rights Council resolutions S-15/1 of 25 February 2011,

17/17 of 17 June 2011 and 18/9 of 29 September 2011,

Reaffirming that all States are bound to promote and protect all human rights and

fundamental freedoms enshrined in the Charter, the Universal Declaration of Human Rights

and international human rights treaties to which they are party,

Reaffirming also that it is the primary responsibility of States to promote and protect

all human rights and fundamental freedoms,

Recalling its strong commitment to the sovereignty and independence, unity and

territorial integrity of Libya,

1. Welcomes:

(a) The Constitutional Charter for the Transitional Stage in Libya of 3 August

2011, where promotion and protection of human rights are core elements;

(b) The statement made by the Prime Minister of Libya on 28 February 2012,

during the high-level segment of the nineteenth session of the Human Rights Council,

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its nineteenth session (A/HRC/19/2), chap. I.

including the invitation addressed to the United Nations High Commissioner for Human

Rights to visit Libya, and the willingness to extend a standing invitation to thematic special

procedures to visit the country in due course;

(c) The ongoing efforts of the transitional Government of Libya to fulfil its

obligations under the international human rights treaties to which Libya is party, to promote

and protect human rights and fundamental freedoms, and to cooperate with the Human

Rights Council and the Office of the High Commissioner;

(d) The recent establishment of a national institution for human rights, namely,

the Council of Human Rights and Fundamental Freedoms in Libya;

(e) The political transitional process in Libya, and the arrangements to hold the

election of the Libyan National Congress later in 2012, as a step towards the establishment

of a constitution and constitutional institutions that promote and protect human rights and

fundamental freedoms;

2. Commends the courage of the people of Libya, and strongly supports the

efforts of the transitional Government of Libya towards a swift and peaceful political

transition and the full realization of human rights;

3. Takes note of the final report submitted by the international commission of

inquiry on Libya,1 and encourages the transitional Government of Libya to implement the

recommendations addressed to it;

4. Recognizes the ongoing human rights challenges in Libya, and strongly

encourages the transitional Government of Libya to increase its efforts to protect and

promote human rights and prevent any violations;

5. Takes note of the adoption of the report of the Working Group on the

Universal Periodic Review on Libya2 at the nineteenth session of the Human Rights

Council, and commends the cooperation of Libya with Council mechanisms, including its

willingness to implement the accepted recommendations contained in the addendum to the

above-mentioned report;A/HRC/16/15/Add.1.

6. Strongly encourages the transitional Government of Libya to investigate

human rights violations and to bring those responsible before Libyan Justice;

7. Recognizes that the availability of Libyan resources may help the transitional

Government of Libya to utilize those resources in the field of human rights;

8. Requests the Office of the High Commissioner, in collaboration with the

transitional Government of Libya and upon its request, to explore ways of cooperation in

the field of human rights, including technical assistance and capacity-building;

1 A/HRC/19/68.

2 A/HRC/16/15.

9. Invites the Office of the High Commissioner to inform the Human Rights

Council, at its twenty-second session, under agenda item 10, on its technical assistance,

capacity-building and cooperation with the transitional Government of Libya.

55th meeting

23 March 2012

[Adopted without a vote.]