RES/22/19 Technical assistance for Libya in the field of human rights

GE.A/HRC/19/68. 3-12935

Human Rights Council Twenty-second session

Agenda item 10

Technical assistance and capacity-building

Resolution adopted by the Human Rights Council

22/19.

Technical 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,

Confirming that it is the primary responsibility of States to promote and protect all

human rights and fundamental freedoms,

Recognizing the challenges facing Libya in laying the foundations for transitional

justice and national reconciliation,

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

territorial integrity of Libya,

Recognizing the efforts made by Libya in building the basis for democracy, the rule

of law and human rights,

Recalling General Assembly resolution 60/251 of 15 March 2006, and Assembly

resolution 66/11 of 18 November 2011 on the restoration of the rights of membership of

Libya in the Human Rights Council,

Referring to the communiqué of the International Ministerial Conference on Support

to Libya in the Areas of Security, Justice and the Rule of Law, issued in Paris on 12

February 2013,

Recalling Human Rights Council resolution 5/1 of 18 June 2007, on building the

institutions of the Council,

Recalling also Human Rights Council resolutions S-15/1 of 25 February 2011, 17/7

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

 The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its twenty-second session (A/HRC/22/2), chap. I.

Recalling further Human Rights Council resolution 19/39 of 23 March 2012, on

assistance for Libya in the field of human rights,

1. Takes note of the statement of the United Nations High Commissioner for

Human Rights on the assistance provided by the United Nations Support Mission in Libya,

including technical assistance and other activities to build expertise and improve

cooperation with Libya in relation to the promotion and protection of human rights;

2. Welcomes the renewal of the mandate of the United Nations Support Mission

in Libya, and acknowledges the commitment of Libya to the process of transitional

democracy and to affirming the rule of law and protection of human rights;

3. Also welcomes:

(a) The statement delivered by the Prime Minister of Libya on 25 February 2013

to the Human Rights Council during the high-level segment of its twenty-second session;

(b) The wish expressed by the Government of Libya to continue its cooperation

with the Office of the High Commissioner and to renew the invitation to the High

Commissioner to visit Libya;

(c) The election of the members of the General National Congress on 7 July

2012 in a democratic and transparent atmosphere, which was an essential step towards

preparing the Constitution, and the formation, on 31 October 2012, of an interim

Government that focused its priorities on respect for human rights and maintaining peace;

(d) The commitment of Libya to the rule of law and the establishment of

legislative, executive and judicial branches of government in accordance with its

international obligations, including the establishment of a committee on human rights

within the General National Congress;

(e) The launch of the process for drawing up a national action plan on enhancing

the protection of human rights in partnership with the High Commissioner with a view to

building a State governed by the rule of law;

(f) The formation of a standing ministerial committee chaired by the Minister for

Justice to receive complaints regarding human rights violations and to take the necessary

action;

(g) The establishment of the National Council for Fundamental Freedoms and

Human Rights on 28 December 2011 as an independent national human rights institution in

conformity with the Paris Principles;

(h) Efforts to strengthen the role of and support for civil society and non-

governmental organizations in enhancing, affirming and raising awareness of human rights;

(i) The ratification of the Convention on the Rights of Persons with Disabilities

and its Optional Protocol, as well as the progress towards ratifying the International

Convention for the Protection of All Persons from Enforced Disappearance and the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment;

(j) The strengthened role of the judiciary and the reactivation of the

constitutional jurisdiction of the Supreme Court, as a result of which Law No. 37, which

had been passed by the National Transitional Council in May 2012, was declared

unconstitutional;

(k) The issuance of new rules and regulations to guarantee freedom of speech,

peaceful protest and assembly, as well as the formation of political parties;

4. Urges the Government of Libya to continue to investigate all violations of

human rights and to guarantee fair trials for the accused;

5. Welcomes the continued cooperation of the Government of Libya with the

International Criminal Court;

6. Invites the legislative authorities of Libya to promulgate the amended law on

the implementation of national reconciliation and transitional justice to consolidate social

peace and harmony;

7. Calls on the international community to support the efforts of the

Government of Libya to ensure protection of the human rights of migrants, refugees and

internally displaced persons, and to provide a framework for the engagement of the Office

of the United Nations High Commissioner for Refugees in Libya, and encourages the

Government to consider signing and ratifying the Convention relating to the Status of

Refugees;

8. Welcomes the efforts made by the Government of Libya to stabilize the

security situation, and urges it to maintain this process through arms control and the

reintegration into the community of the armed groups currently operating outside

government control, and to continue its efforts to prevent cases of arbitrary arrest and the

ill-treatment of detainees;

9. Also welcomes the commitment of the Government of Libya to bring all

detainees and detention camps under government authority, as reflected in Ministerial

Decree No. 219 of 18 February 2013, and calls upon the Government to continue these

efforts to establish full control of such facilities in order to ensure that detainees, including

foreign detainees, are treated in accordance with its international obligations, including

those relating to due process, humane conditions of detention and fair trials;

10. Urges the Government of Libya to take further steps to protect freedom of

religion and belief according to its international obligations, to prevent attacks against

persons belonging to religious or ethnic minorities, and to prosecute the perpetrators of

such attacks;

11. Urges the Libyan authorities to expedite the return of all persons displaced by

the conflict since 2011, in accordance with the law on national reconciliation and

transitional justice;

12. Welcomes the efforts made by the Government of Libya to empower women

and girls, particularly in relation to the Constitution, the electoral system, the police and the

judiciary;

13. Takes note of the final report of the international commission of inquiry on

Libya,1 and encourages the Government of Libya to implement fully the recommendations

contained therein;

14. Welcomes the technical support provided by the Office of the High

Commissioner, the relevant international organizations and the Friends of Libya to promote

the process of building a State governed by the rule of law;

15. Also welcomes the outcome of the International Ministerial Conference held

in Paris on 12 February 2013 to support Libya in its efforts to improve human rights and

security, and requests international partners to provide their full support for the process;

16. Requests the Office of the High Commissioner to prepare a written report, for

submission to the Human Rights Council at its twenty-fifth session, reflecting human rights

regarding the technical support and capacity-building needs of Libya, with a view to

strengthening the promotion and protection of, and respect for, human rights and

fundamental freedoms and exploring ways of cooperation to overcome the challenges in the

areas of security, respect for the rule of law, transitional justice and human rights.

48th meeting

21 March 2013

[Adopted without a vote.]