RES/40/27 Technical assistance and capacity-building to improve human rights in Libya

GE.19-05456(E)



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda item 10

Resolution adopted by the Human Rights Council on 22 March 2019

40/27. Technical assistance and capacity-building to improve human rights in

Libya

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights and relevant international

human rights treaties,

Confirming the primary responsibility of States to promote and protect human rights,

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

territorial integrity of Libya,

Looking forward to a future for Libya based on national reconciliation, justice,

respect for human rights and the rule of law,

Reaffirming its previous resolutions on Libya,

Expressing full support for the United Nations Support Mission in Libya and for the

action plan presented on 20 September 2017 by the Special Representative of the Secretary-

General for Libya and recalibrated on 8 November 2018 to support a Libyan-led transition

that will lead to a sustainable, stable, unified, representative and effective governance

structure under the framework of the Libyan Political Agreement,

Looking forward to the United Nations-led national conference, and encouraging all

Libyans and Libyan institutions to work together in a spirit of compromise and to engage

constructively in the inclusive political process set out in the action plan, and reiterating the

importance of the equal and full participation of women in the political process, including

in the national conference process,

Expressing deep concern at the impact of the security, economic and humanitarian

situation in Libya on its people, and at the continued human rights violations and abuses

committed in Libya and continued mass displacement, and its particular impact on women

and children,

Expressing grave concern at the human rights violations and abuses committed in

Libya against irregular migrants, including in detention centres, and sharing the concern of

the Government of National Accord at the horrific accounts of human trafficking,

United Nations A/HRC/RES/40/27

Reaffirming that those responsible for violations or abuses of human rights and

violations of international humanitarian law should be held accountable through effective

judicial processes and access to justice,

Underlining the need for the coordination of efforts to tackle the root causes of

irregular migration to prevent the exploitation of irregular migrants by smugglers, human

traffickers and terrorist groups, including but not limited to the so-called Islamic State in

Iraq and the Levant (Daesh), and to facilitate their voluntary return or repatriation to a third

country, in accordance with applicable international law,

1. Welcomes the commitment of the Government of National Accord to

improve human rights in Libya, and its continued cooperation with the Human Rights

Council and its mechanisms, including the universal periodic review, and emphasizes the

pressing need for the implementation of the recommendations accepted by Libya during the

second review cycle;

2. Also welcomes the meeting between the Chair of the Presidency Council,

Fayez Serraj, and the Commander of the Libyan National Army, Khalifa Haftar, hosted in

Abu Dhabi on 27 February 2019 by the Special Representative of the Secretary-General, on

the need to end the transitional stage in Libya by holding general elections, and to maintain

stability in the country, and to unify its institutions;

3. Takes note of the oral update delivered by the United Nations High

Commissioner for Human Rights to the Human Rights Council at its thirty-ninth session on

the situation of human rights in Libya, including the steps taken by the Government of

National Accord to ensure accountability for human rights violations and abuses, in

accordance with Council resolution 37/41 of 23 March 2018;

4. Also takes note of the report presented by the High Commissioner to the

Human Rights Council at its fortieth session on the situation of human rights in Libya,1

including on the effectiveness of technical assistance and capacity-building measures for

the Government of National Accord;

5. Welcomes the commitment of the Special Representative of the Secretary-

General for Libya, on behalf of the United Nations country team, to intensify the work on

the ground of the United Nations to help to improve the living conditions of all people in

Libya, including irregular migrants, and looks forward to an increase in the presence of the

United Nations in Libya, to plans for a new round of voluntary funding for 2019 for the

Libya Humanitarian Response Plan and the Stabilization Facility for Libya and to

recommendations to increase the strategic coordination of the United Nations Support

Mission in Libya and United Nations agencies, funds and programmes in Libya;

6. Also welcomes the visit by the Special Rapporteur on the human rights of

internally displaced persons to Libya from 25 to 31 January 2018, and calls upon the

Government of National Accord to continue to implement the recommendation made by the

Special Rapporteur in her report 2 to prioritize the creation of a national road map to

establish a common strategy, and to help to guide and to ensure a coordinated response for

appropriate and effective responses to internal displacement;

7. Further welcomes the decision of the Government of National Accord to

approve the request of the Working Group on Arbitrary Detention to visit Libya, and

encourages the Working Group to conduct its visit as soon as possible;

8. Welcomes the renewal of the invitation extended by the Government of

National Accord to the United Nations High Commissioner for Human Rights to visit

Libya, and to continue existing cooperation between Libya and the Office of High

Commissioner;

9. Also welcomes the constructive cooperation between the Government of

National Accord and the International Organization for Migration, including the invitation

1 A/HRC/40/46.

2 A/HRC/38/39/Add.2.

recently extended by the Government to the newly elected Director General of the

Organization to address the situation of irregular migrants held in detention centres in Libya,

giving priority to children and women, and the positive results achieved in coordination

with the Government and with the support of Member States, including neighbouring States,

and regional organizations;

10. Underlines the importance of an inclusive response for irregular migrants in

Libya and strengthened international cooperation with the Government of National Accord;

11. Also underlines the need for the coordination of efforts to tackle the root

causes of irregular migration, and to prevent the exploitation of irregular migrants by

smugglers, human traffickers and terrorist groups;

12. Takes note with appreciation of the report on the meeting of the African

Union High-level Committee on Libya, held in Addis Ababa on 10 February 2019;

13. Encourages the Government of National Accord to cooperate with the United

Nations Support Mission in Libya, the African Union and relevant stakeholders to facilitate

the holding of the national conference in 2019, and subsequent electoral processes;

14. Requests the Government of National Accord to cooperate with the United

Nations Support Mission in Libya and African Union-related entities to organize and

facilitate the holding of an inclusive Libyan national peace and reconciliation forum in

2019;

15. Requests the Government of National Accord and relevant United Nations

and African Union bodies to take the measures necessary for the organization of free and

fair presidential and legislative elections before the end of 2019, in support of the United

Nations-led process;

16. Stresses the importance of respecting the principles of international law

concerning the development of friendly relations and cooperation among States in

accordance with the Charter of the United Nations, including the principle of non-

intervention in internal affairs and respect for the independence and sovereignty of States;

17. Recognizes the efforts made by States to trace and freeze stolen assets, and

the importance of effective cooperation between the international community and the

Government of National Accord for their recovery, taking into account the important

contribution of these assets to improving security and development, and the promotion and

protection of human rights, in Libya;

18. Welcomes the joint statement issued in Cairo on 30 April 2018 on the

meeting of the quartet on Libya, comprising the United Nations, the League of Arab States,

the African Union and the European Union, reaffirming the commitment to the sovereignty

and independence of Libya and its territorial integrity and affirming support for the political

process and the efforts of the Presidency Council of the Government of National Accord

and all international and local actors for the establishment of security and institution-

building;

19. Also welcomes the decision of the Presidency Council of the Government of

National Accord of 22 November 2018 to establish a preparatory committee for the

comprehensive national reconciliation in Libya;

20. Commends the decision of the Presidency Council of the Government of

National Accord on 19 April 2018 to establish a high committee to follow up on the affairs

of Libyans displaced in and outside of the country;

21. Welcomes the signing of a peace agreement by the cities of Misrata and

Tawergha on 4 June 2018;

22. Also welcomes the decision of the Presidency Council of the Government of

National Accord to establish a committee responsible for security arrangements to secure

Tripoli and its outskirts, and calls upon the United Nations and the international community

to provide the Presidential Guard of the Presidency Council with the technical support and

capacity-building required to achieve its tasks;

23. Commends the conferences held in Paris and in Palermo, Italy to find a

political solution to the Libyan crisis, and also commends the international community for

its assistance, and also that of neighbouring countries;

24. Welcomes the technical assistance and capacity-building measures provided

by Member States and international and regional organizations to assist Libya, at its request,

including to secure its southern borders and to prevent, investigate and prosecute acts of

smuggling of irregular migrants and trafficking in persons through its territory, in

accordance with national law and relevant international conventions to which Libya is a

State party, and calls upon Member States and regional organizations to continue to do so,

in partnership with the Presidency Council and in support of the United Nations country

team;

25. Strongly condemns the terrorist attacks that targeted the Ministry of Foreign

Affairs, the National Oil Corporation and the High National Elections Commission, based

in Tripoli, and other institutions throughout Libya committed by the so-called Islamic State

in Iraq and the Levant (Daesh), Al-Qaida in the Islamic Maghreb and other entities

associated with them in Libya listed by the Security Council, and expresses grave concern

at the negative impact of the presence of the so-called Islamic State in Iraq and the Levant

(Daesh) and its deadly actions in Libya, neighbouring States and the region;

26. Recognizes the ongoing human rights challenges in Libya, strongly

encourages the Government of National Accord to increase its efforts to protect and

promote human rights and to prevent any violations or abuses, and in that regard

encourages its continued engagement with the United Nations Support Mission in Libya

and the Office of the United Nations High Commissioner for Human Rights;

27. Strongly condemns all acts of violence in Libya, including all violations and

abuses of human rights and violations of international humanitarian law that have been

committed, in particular against civilians and irregular migrants, including women and

children, as well as violations and abuses, including but not limited to unlawful detentions,

abductions, enforced disappearances, torture and unlawful killings, including alleged

extrajudicial killings and alleged attacks, intimidation, harassment and violence against

journalists, media workers, members of civil society and human rights defenders, especially

given their role in documenting protests and human rights violations and abuses, and

restrictions on freedom of expression;

28. Notes with concern the humanitarian situation in Libya, while welcoming the

efforts of the Government of National Accord to improve it, and calls for rapid, safe and

unhindered humanitarian access for United Nations humanitarian agencies, their

implementing partners and other humanitarian organizations, including across conflict lines

and, as appropriate, across borders, on the request of Libya, in order to ensure that

humanitarian assistance reaches people in need by the most direct routes;

29. Calls upon the Government of National Accord to increase efforts to hold

those responsible for violations or abuses of international human rights law and

international humanitarian law accountable;

30. Expresses concern at the number of detainees, including conflict-related

detainees, encourages the Government of National Accord to intensify its efforts to address

allegations, expresses its concern at reports of torture, sexual and gender-based violence

and harsh conditions in prison detention centres, and requests the Government to establish

full and effective control over all detention centres in order to ensure that detainees,

including irregular migrants, are treated in accordance with its international obligations,

including, as applicable, those relating to fair trial guarantees and humane treatment in

detention;

31. Recognizes the efforts of the Government of National Accord to address the

plight of internally displaced persons, and encourages the Government to continue its

efforts to improve that situation, including by implementing the agreement brokered by the

Presidency Council, and calls for the voluntary, safe and dignified return of all persons

displaced by the conflict since 2011, in accordance with applicable law;

32. Encourages the Government of National Accord to further promote, protect

and respect the human rights of irregular migrants, refugees and internally displaced

persons, to hold human traffickers accountable and to provide a framework for the

enhanced engagement of the Office of the United Nations High Commissioner for Refugees,

and to continue to cooperate with the International Organization for Migration;

33. Repeats its call to all parties in Libya to comply immediately with their

applicable obligations under international human rights law and international humanitarian

law and for strict respect of all human rights and fundamental freedoms, and urges all

leaders to declare that violations and abuses of human rights or violations of international

humanitarian law by their fighters will not be tolerated and that individuals responsible for

such acts will be removed from duty;

34. Requests the Government of National Accord, the international community,

the United Nations and all parties to the conflict in Libya to facilitate the full, equal and

effective participation of women in activities relating to the prevention and resolution of the

armed conflict, the maintenance of peace and security and post-conflict peacebuilding, in

accordance with relevant Security Council resolutions, and encourages the Presidency

Council to ensure that its women’s support and empowerment unit, established in

November 2018, is fully operational;

35. Underlines the importance of, and the commitment of the Government of

National Accord to, continued human rights monitoring, assessment and evaluation in order

to determine effective human rights technical assistance and capacity-building measures;

36. Calls upon the Government of National Accord to increase efforts to hold

those responsible for violations or abuses of international human rights law and

international humanitarian law accountable to the judicial authorities of Libya, and notes

the cooperation between the Government of National Accord and the International Criminal

Court in that regard;

37. Requests the Office of the United Nations High Commissioner for Human

Rights, while continuing its engagement with the United Nations Support Mission in Libya,

to monitor and report on human rights violations and abuses across Libya and to establish

the facts and circumstances of such abuses and violations with a view to avoiding impunity

and ensuring full individual accountability;

38. Welcomes the renewal of the standing invitation of the Government of

National Accord to all special procedures of the Human Rights Council to visit Libya, and

encourages the Government to consider positively and to help to facilitate requests for visits

of the mandate holders, with a view to identifying challenges and providing

recommendations;

39. Encourages the special procedures to visit Libya and to report to the Human

Rights Council and through public statements;

40. Requests the Office of the High Commissioner to provide technical assistance

and capacity-building to Libya on its request to promote and protect human rights and

prevent and ensure accountability for violations and abuses of human rights;

41. Invites the Office of the High Commissioner to work closely with the

Government of National Accord, relevant United Nations bodies, the African Union and all

other relevant regional and international organizations;

42. Requests the High Commissioner to present an oral update on the situation of

human rights in Libya and the implementation of the present resolution to the Human

Rights Council at its forty-second session during an interactive dialogue, with the

participation of the Special Representative of the Secretary-General for Libya, and to

present to the Council, during an interactive dialogue at its forty-third session, a report on

the situation of human rights in Libya, including the implementation of technical assistance

and capacity-building to support the efforts of the Government of National Accord to

prevent and ensure accountability for violations and abuses of human rights;

43. Requests the Secretary-General to provide the Office of the High

Commissioner with the resources necessary for the full implementation of the present

resolution;

44. Decides to remain seized of the matter.

55th meeting

22 March 2019

[Adopted without a vote.]