RES/S-15/1 Situation of human rights in the Libyan Arab Jamahiriya

GE.11-11524

Human Rights Council Fifteenth special session 25 February 2011

Resolution adopted by the Human Rights Council

S-15/1. Situation of human rights in the Libyan Arab Jamahiriya

The Human Rights Council,

Reaffirming the Charter of the United Nations, the Universal Declaration of Human Rights, relevant international human rights instruments and relevant international law,

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

Recalling also Council resolutions 5/1 and 5/2 of 18 June 2007,

Expressing deep concern at the deaths of hundreds of civilians and rejecting unequivocally the incitement to hostility and violence against the civilian population made from the highest level of the Libyan Government,

Reaffirming that all States have an obligation to protect the rights to life, liberty and security of the person,

Reaffirming also the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all,

Reaffirming further that all States Members of the Human Rights Council should uphold the highest standards in the promotion and protection of human rights, and that the General Assembly may suspend the rights of membership in the Council of a Member State that commits gross and systematic violations of human rights,

Supporting the statements made by the Secretary-General of the United Nations and by the United Nations High Commissioner for Human Rights, in particular the latter’s statement of 22 February 2011, in which she called for an international investigation into Libyan violence and justice for victims,

Supporting also the press statement of the Security Council on the Libyan Arab Jamahiriya of 22 February 2011, as well as the statement issued by the Council of the League of Arab States on 22 February 2011, the statement of the Secretary General of the Organization of the Islamic Conference of 20 February 2011, the communiqué of the 261st meeting of the Peace and Security Council of the African Union of 23 February 2011 and

United Nations A/HRC/RES/S-15/1

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the relevant conclusions of the European Union Foreign Affairs Council of 21 February 2011,

1. Expresses deep concern at the situation in the Libyan Arab Jamahiriya, and strongly condemns the recent gross and systematic human rights violations committed in that country, including the indiscriminate armed attacks against civilians, extrajudicial killings, arbitrary arrests, detention and torture of peaceful demonstrators, some of which may also amount to crimes against humanity;

2. Strongly calls upon the Libyan Government to meet its responsibility to protect its population, to immediately put an end to all human rights violations, to stop any attacks against civilians and to respect fully all human rights and fundamental freedoms, including freedom of expression and freedom of assembly;

3. Also strongly calls upon the Libyan Government to immediately release all arbitrarily detained persons, including those who were detained before the recent events, as well as to immediately cease intimidation, persecution and arbitrary arrests of individuals, including lawyers, human rights defenders and journalists;

4. Urges the Libyan authorities to ensure the safety of all civilians, including citizens of third countries, to refrain from any reprisals against people who have taken part in the demonstrations, to facilitate the departure of those foreign nationals wishing to leave the country and to allow the provision of urgent humanitarian assistance to those in need;

5. Also urges the Libyan authorities to immediately cease the blocking of public access to the Internet and telecommunications networks;

6. Further urges the Libyan authorities to respect the popular will, aspirations and demands of its people and to make their utmost efforts to prevent further deterioration of the crisis and to promote a peaceful solution ensuring safety for all civilians and stability for the country;

7. Recalls the importance of accountability and the need to fight against impunity and, in this regard, stresses the need to hold to account those responsible for attacks in the Libyan Arab Jamahiriya, including by forces under Government control, on civilians;

8 Urgently calls for an open, inclusive and meaningful national dialogue aimed at systemic changes responding to the will of the Libyan people and at the promotion and protection of their human rights;

9. Reminds the Libyan Government to respect its commitment as a State Member of the Human Rights Council to uphold the highest standards in the promotion and protection of human rights and to cooperate fully with the Council and its special procedures;

10. Calls on the Libyan authorities to guarantee access to human rights and humanitarian organizations, including human rights monitors;

11 Decides to urgently dispatch an independent, international commission of inquiry, to be appointed by the President of the Council, to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable, and to report to the Council at its seventeenth session, and calls upon the Libyan authorities to fully cooperate with the Commission;

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12. Requests the Secretary-General and the High Commissioner to provide all the administrative, technical and logistical assistance required to enable the above-mentioned commission of inquiry to fulfil its mandate;

13. Requests the High Commissioner to provide an oral update on the situation of human rights in the Libyan Arab Jamahiriya to the Council at its sixteenth session, to submit a follow-up report to the Council at its seventeenth session, as well as to organize an interactive dialogue on the situation of human rights in the Libyan Arab Jamahiriya during the seventeenth session of the Council;

14. Recommends that the General Assembly, in view of the gross and systematic violations of human rights by the Libyan authorities, consider the application of the measures foreseen in paragraph 8 of General Assembly resolution 60/251;

15. Decides to remain seized of the matter.

2nd meeting 25 February 2011

[Adopted without a vote.]