Security Council Extends Mandate of United Nations Support Mission in Libya for Twelve Months, Unanimously Adopting Resolution 2095 (2013)

14 March 2013
SC/10939

Security Council Extends Mandate of United Nations Support Mission in Libya for Twelve Months, Unanimously Adopting Resolution 2095 (2013)

14 March 2013
Security Council
SC/10939
Department of Public Information • News and Media Division • New York

Security Council

6934th Meeting (AM)

Security Council Extends Mandate of United Nations Support Mission in Libya

for Twelve Months, Unanimously Adopting Resolution 2095 (2013)

Also Modifies Arms Embargo, Extends Expert Panel’s Mandate;

Hears from Top Envoy, Sanctions Committee Chair, Libya’s Prime Minister

The Security Council today extended for 12 months the mandate of the United Nations Support Mission in Libya to assist the authorities in defining national needs and priorities and match those with offers of strategic and technical advice, and modified the two-year-old ban on arms imports to boost the country’s security and disarmament efforts.

The Council adopted the Chapter VII resolution — 2095 (2013) — unanimously, following briefings by the United Nations envoy in that country and Rwanda’s Ambassador in his capacity as Chair of the Council’s Sanctions Committee, as well as a statement by Libya’s Prime Minister, who called for “patience” during the country’s steady “march” towards the establishment of a democratic State.

Today’s resolution set out the tasks of the Mission, known as UNSMIL, which, focused on managing the democratic transition and included technical advice and assistance to the electoral process and the drafting of a new constitution; rule of law promotion and human rights protection; restoration of public security; countering weapons proliferation; and supporting efforts to promote reconciliation.

In important adjustments to the arms embargo, launched by resolution 1970 of 26 February 2011, the Council lifted the requirement that the Sanctions Committee approve supplies of non-lethal military equipment and assistance for humanitarian or protective use.  It also removed the need for notification to the Committee of non-lethal military equipment being supplied to the Libyan Government for security or disarmament assistance, and urged the Government to improve the monitoring of arms supplied to it, including through the issuance of end-user certificates.

Also by the text, the Council kept in place the asset freeze and extended for 13 months the expert panel assisting the Sanctions Committee in monitoring implementation of the remaining sanctions.  The Panel’s mandate is set out, and includes assisting the Sanctions Committee in carrying out its functions; analysing information from States and relevant bodies; and expediting investigations of non-compliance.

Prior to the resolution’s adoption, the Secretary-General’s Special Representative and Head of UNSMIL, Tarek Mitri, reported that, in mid-February, the Libyan people had taken to the streets to mark the second anniversary of their revolution.  Thousands had gathered in Benghazi’s Freedom Square calling for an end to the political and socioeconomic marginalization of the east and for greater stability.  Contrary to widespread concern, those incidents had not destabilized the country.

He commended the Libyan leadership for its efforts to defuse tensions and provide significant security measures during what he called a “largely peaceful and celebratory demonstration of pride in the revolution”.  Leaders had reached out across the political spectrum in the east and used the opportunity to reiterate their commitment to justice, national reconciliation and improvements in the economic and local governance — a key demand in the east.

Presenting several updates on the most recent and critical developments, he discussed a political debate that culminated in a decision that an amendment of the Constitutional Declaration by the General National Congress was required in order to move forward in drafting a new constitution.  In recent weeks, a political crisis had resulted from the controversy over a proposed law on “political isolation”, with proponents arguing that it was a necessary tool to protect the revolution and to ensure that those who had corrupted public life under the previous regime be excluded from public office.

He said the legitimacy of adopting measures to exclude from public office individuals who had committed serious human rights violations constituted a valid transitional justice measure.  However, UNSMIL urged caution on its adoption, and highlighted international standards that should apply to any vetting mechanism.

On 5 March, a special session of the General National Congress to discuss the draft law ended in disarray after protestors threatened to use force unless Congress members voted to adopt the draft law.  He strongly deplored that armed intimidation of the parliament and the attempted assassination of President El-Magariaf.  Also last week, the Al-Assima television station was stormed by armed men, kidnapping but later releasing the director and five of his staff.

Mr. Mitri strongly deplored acts of violence against media organizations and journalists, as well as against a church in Benghazi and other places of worship.  The Prime Minister had called on the Libyan people to stand with the Government when it used force against people breaking the law.

Among other developments, Mr. Mitri noted that the Government had taken measures to accelerate the screening of detainees and their transfer to State-controlled detention facilities.  But, UNSMIL continued to highlight the plight of detainees, particularly those held in secret detention facilities, including farms and private homes in the Toripoli area.  Libyan authorities had challenged a decision of the International Criminal Court to surrender the former intelligence chief.

The first international high-level meeting since Libya’s revolution was held on 12 February in Paris, he recalled.  International partners endorsed the detailed priorities articulated by the Libyan Government in the form of a Security, Justice and Rule of Law Development Plan.  “The onus is now on the Libyan Government to take relevant policy decisions and create appropriate coordination structures that would contribute towards the implementation of its action plans,” he said.

He said that the Libyan people had come a long way since the liberation of the country 17 months ago, but the security problem remained formidable, and was arguably the predominant concern of most Libyans.  Significant progress was hampered by weak State institutions and security coordination mechanisms, as well as continuing mistrust of the State’s security forces by many of those who fought during the revolution, most of whom remained armed.

Related to that, he said Libya remained awash with unsecured weapons and munitions, which posed a regional security risk given Libya’s porous borders.  UNSMIL would continue to help the Government enhance security and address the problems associated with weapons proliferation and the continued presence of armed groups outside the legitimate control of the State.

Given the legacy bequeathed to the Libyan people by the former regime, the process of democratic transition would surely face an array of obstacles requiring long-term responses, he said.  The past few weeks had seen increased political polarization in the debate over the draft political isolation law and attempts to openly undermine the authority of the democratically-elected bodies and legitimate State institutions.  He impressed again upon Libya’s political leadership that safeguarding the democratic transition would require an inclusive dialogue leading to genuine national reconciliation.

Briefing next, on the final report of the Panel of Experts under resolution 2040 (2012) of 15 February, Ambassador Eugene-Richard Gasana of Rwanda, said that, despite notable efforts, most of the challenges to implementation and enforcement had persisted.  The Panel noted that Libya’s security sector was still being built, but meanwhile, the proliferation of weapons from Libya had continued at a worrying scale and spread into new territory. 

It, thus, expressed concern that while several Member States had notified the Sanctions Committee of the transfers of military and other material to the Libyan authorities for security purposes, Libya lacked any official procurement mechanism.  The Panel also reported on cases of arms and ammunition transfers during the recent uprising and on its ongoing investigations in that regard.

Concerning the assets freeze, he said that the Panel had focused its efforts on the hidden assets of the two listed entities — the Libyan Investment Authority and the Libyan Africa Investment Portfolio — and on the assets of the listed individuals, most of which were believed to be held abroad in different names.

In particular, he added, the Panel had collected information regarding efforts by certain listed individuals to negate the effects of the assets freeze measures by the use of front companies and by accomplices who had assisted them.  The Panel also reported on the implementation, or lack thereof, of the asset freeze by certain Member States.  On the travel ban, the Panel continued to seek information on all violations with a particular focus on two listed individuals. 

On 6 March, he said, the Committee had discussed the Panel’s report and recommendations.  The report had been generally well-received, with the main points being:  concern about the level and reach of arms proliferation from Libya, with acknowledgement of certain steps taken by the Libyan authorities towards improving the situation; a desire to apply the sanctions framework in partnership with the Libyan authorities and in support of the Libyan-led transition and institution-building process; ways in which to raise awareness of the sanctions measures and to remove any misconceptions of them as barriers to progress; and how to carry forward the Panel’s recommendations. 

Of the eight recommendations, the Committee had agreed to take follow-up action on five.  A sixth recommendation required no action and the Committee simply took note of it, while the two remaining recommendations were addressed to the Security Council.  In relation to the arms embargo, the Committee approved 10 exemption requests and received 29 notifications on which no negative decision was taken.  With respect to the assets freeze, the Committee received four notifications on which no negative decision was taken.  The Committee responded to four requests for guidance from Member States.  The Committee was considering a request for the removal of a name from its travel ban and assets freeze list. 

Libyan Prime Minister Ali Zeidan, addressing the Council for the first time since his election on 14 October 2012, reviewed the country’s recent history and the important role played by the Security Council and wider United Nations over the years.  He sought continued assistance as the country sought to fulfil the high ideals for human rights and development and prosperity, and to contribute freely and effectively within the international community. 

He said his Government was “quite happy” with the mandate renewals today, as the Special Representative and Secretary-General had played a “very prominent role in achieving victory”.  He also thanked those countries who supported Libya in various ways towards attainment of that goal on 20 October 2011, and stretched his hand of friendship and cooperation to all regions of the world.

Still, he acknowledged, the security challenges were “enormous and difficult”, but Libya “in a short time” had developed the mechanism and means to exert some control, including in controlling weapons flows from and into the country.  In that, it strove to secure its borders and to have a national guard assume security responsibility outside urban areas.

Additionally, he reported, the Government was implementing its justice programme, which might be approved in the coming weeks.  In a related endeavour, it had made progress in rehabilitating prisoners in line with international standards, and it had trained 10,000 police officers in addition to those previously trained.  The Government was also promoting national reconciliation at all levels, building State institutions and developing legal instruments.

In six months, he hoped work could begin on drafting a constitution, on which future elections would be conducted.  Additional efforts were under way to rebuild what had been destroyed in recent years, including in the areas of housing, electricity and communications, and health care.

Libya, he continued, was striving to establish cooperation and had participated in the Paris Conference.  Domestically, the Government was “dealing with political isolation with wisdom and alertness”, hoping to entrench justice and human rights, and equal opportunities for all Libyans, into the fabric of the country.

He said his country “had been away from democracy for 42 years” and, as such, it needed “big efforts” and patience as it proceeded along that path.  He hoped the international community would understand that.  He reassured its members that Libyans would not accept injustice or isolation for any of Libya’s citizens.  In closing, he pledged his country’s continued commitment to Security Council decisions, as well as the efforts of the Sanctions Committee to identify hidden assets.  He reaffirmed its full commitment to partnership with all countries.

The meeting began at 10:20 a.m. and was adjourned at 11:03 a.m.

Resolution

The text of Security Council resolution 2095 (2013) reads as follows:

The Security Council,

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),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

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 and armed conflict, and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010) on women, peace and security,

Looking forward to a future for Libya based on national reconciliation, justice, respect for human rights and the rule of law,

Emphasizing the importance of promoting the equal and full participation of all parts of Libyan society, including women, youth and minorities, in the political process in the post-conflict phase,

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,

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 violation of applicable international law,

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,

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,

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 negative impact on regional and international peace and security,

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,

Expressing concern at an escalating series of security incidents, in particular in the east of Libya and along its southern borders,

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, in accordance with the principles of national ownership and national responsibility, the Libyan-led transition and institution-building process aimed at establishing a peaceful, democratic, independent and united Libya,

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,

Supporting the Libyan government’s intention to strengthen regional security and welcoming, in this regard, the agreement among Libya, Chad, Niger and Sudan to take steps to form a joint committee to address issues related to border security and the 12 January 2013 meeting in Ghadames with the Prime Ministers of Libya, Tunisia and Algeria that agreed joint measures to combat organized crime and illicit flows,

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 2012 and Paris on 12 February 2013,

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,

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,

Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

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 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 Government to promote and protect human rights, including those of women, children 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 international humanitarian law and human rights law, including sexual violence and violations and abuses against children, to be held accountable in accordance with international standards, and urges all Member States to cooperate closely with the Libyan Government in their efforts to end impunity for such violations;

“4.   Calls upon the Libyan Government to continue to cooperate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor as required by resolution 1970 (2011);

“5.   Expresses grave concern at continuing reports of reprisals, arbitrary detentions without access to due process, wrongful imprisonment, mistreatment, torture and extrajudicial executions in Libya, calls upon the Libyan Government 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, calls for the immediate release of all foreign nationals illegally detained in Libya, and underscores the Libyan Government’s primary responsibility for the protection of Libya’s population, as well as foreign nationals, including African migrants;

“6.   Encourages Libya and neighbouring States to continue efforts to promote regional cooperation aimed at stabilization 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;

United Nations Mandate

“7.   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, drafting and adopting a new Libyan constitution, and assistance that improves institutional capacity, transparency and accountability, promotes the empowerment and political participation of all parts of Libyan society, in particular 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 Government 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 as well as support to ensure the continued identification, separation and reintegration of children affected by armed conflict;

(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 demobilization 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 United Nations 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 7 (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;

“8.   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

“9.   Decides that supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, shall no longer require the approval of the Committee, as previously provided for in paragraph 9 (a) of resolution 1970 (2011);

“10.  Decides that supplies of non-lethal military equipment, and the provision of any technical assistance, training or financial assistance, when intended solely for security or disarmament assistance to the Libyan Government, shall no longer require notification to, or the absence of a negative decision by, the Committee, as previously provided for in paragraph 13 (a) of resolution 2009 (2011);

“11.  Urges 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 (a) of resolution 2009 (2011), including through the use of end-user certificates, and urges Member States and regional organizations to provide assistance to the Libyan Government to strengthen the infrastructure and mechanisms currently in place to do so;

“12.  Condemns the reported 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

“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 13 months, expresses its intent to review the mandate and take appropriate action regarding further extension no later than 12 months from the adoption of this resolution, and decides that the Panel shall 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 organizations 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) and in this resolution, 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 60 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) and in this resolution, in particular incidents of non-compliance;

“16.  Encourages the Panel, while mindful of UNSMIL’s responsibility for assisting the Libyan Government 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 Government 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), 2040(2012) and in this resolution, 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;

“19.  Decides to remain actively seized of the matter.”

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For information media • not an official record
For information media. Not an official record.