Press Conference by Special Representative of Secretary-General for Libya

 

The reported death of former Libyan leader Muammar Al-Qadhafi, who had ruled his country since 1969, marked a key moment in the transition to a “new Libya”, and as soon as the National Transitional Council (NTC) formally declared liberation, the path towards the formation of an interim Government would begin, the United Nations special envoy to that country said today at a Headquarters press briefing.

Speaking to reporters via videolink from Tripoli, Ian Martin, who last month was appointed Special Representative and Head of the United Nations Support Mission in Libya (UNSMIL), said Libyans had been awaiting the fall of Sirte and declaration of liberation for days.  Elections for a national council — as a basis for a Government with full democratic legitimacy — and the drafting of a new constitution would follow.

“It’s the people of Libya who have made their revolution and it’s the Libyan people — with youth and women very much in the fore — who will lead the way ahead,” he said.  The United Nations had been asked to play a significant role in assisting them, especially in defining an electoral path.  Libyans were interested in the international experience in transitional justice, protecting human rights and bringing about both national reconciliation and public security.

People on both sides of the conflict had been bereaved for years during the Qadhafi regime, he said, noting that many had been maimed or traumatized by torture, disappearance or extrajudicial execution.  “No one should underestimate, in this moment of celebration in Libya, how great are the challenges that lie ahead,” he said.  “This is a country now which has a very strong sense of the values of human rights, democracy, accountability and transparency, precisely because these are the opposite of what it has experienced for so long.”  The United Nations would do its best to help them realize those values, he added.

Taking questions, Mr. Martin said that if Col. Qadhafi had remained at large, the sense of insecurity would have continued.  There was much to be done to bring about a real sense of security in Libya.  He had been among those who had appealed to NTC fighters to end the conflict in a way that did not pose further challenges for national reconciliation.  In Sirte, where there were genuine Qadhafi supporters, the NTC would need to embrace all sections of society.

Asked if efforts towards reconciliation were satisfactory, he said he was awaiting the formation of an interim Government.  Many issues had not yet been adequately addressed.  For example, he noted that people were still being held in detention in a country that lacked a justice system to review their cases.  Detention facilities were only just now being transferred to proper State authorities.  The issues to be addressed by the interim Government were indeed “considerable”.

As to the fate of Col. Qadhafi’s sons, he said he had seen various reports on their status, which he hesitated to give any currency until they were confirmed.  He was not privy to any privileged information.  Generally, the United Nations position excluded from consideration amnesty for any people who had committed war crimes, crimes against humanity or other grave violations.  The Minister of Justice recently had tabled draft legislation reflecting that principle.  Libyans wanted to see justice done for the worst perpetrators, which raised the serious issue of armed men going out and crossing borders into neighbouring countries.

Responding to a query as to whether he was concerned about arms from the Qadhafi regime being spread around the region, especially into the Blue Nile, Kordofan and Darfur regions of Sudan and South Sudan, he acknowledged seeing such reports.  His office was doing its best to facilitate the securing of chemical weapons stocks, nuclear material, man-portable air defence systems, and ammunition.  Although chemical weapons and nuclear material appeared to be secure, there was serious concern that other weaponry had gone missing and had indeed crossed borders.  He was trying to address that within Libya but he did not have information on what had already crossed into other countries.

Asked about the moments surrounding Col. Qadhafi’s reported death, Mr. Martin said he had no privileged information of the precise circumstances.

Responding to question about the humanitarian situation, particularly the need for water and electricity, he said the United Nations mission was working alongside humanitarian agencies, which had come back into Tripoli and assisted in the early stages, especially in the restoration of the water supply.  In the Libyan capital and other cities where there had been recent fighting, water, electricity and fuel supplies were “reasonably satisfactory”.

He said that the current concern was about the situations in Sirte, Bani Walid and Saaba following the most recent fighting.  His Deputy had carried out humanitarian assessment missions with other agencies and had found “very considerable” coping mechanisms on the part of Libyans themselves.  “We don’t believe the need for international assistance will be a major or prolonged one,” he said.

Taking a query on who would be eligible to vote in any planned election, Mr. Martin said discussion was under way about whether those “improperly” granted citizenship by the Qadhafi regime should be eligible to participate.  Those in a position to draft legislation had not taken an opinion on the issue.  As for the possibility of stripping people’s citizenship, he said it would be important to understand what had happened previously in the citizenship and registration process, and what view had been taken of that.  It was not for him to pronounce on that issue at this stage.

Asked what he had made of the fact that reports of Col. Qadhafi’s death had been first announced by a regional council in Misrata, and later by the Transitional National Council, he said the reason was because Misrata brigades had been active on the western front in Sirte.  There was not more to be read into it than that.  As to the future role that tribal affiliations would play in social and political life, “that remains to be seen.”  The overwhelming view was that while those affiliations remained socially significant, they were not expected to be politically divisive.  “We’ll see.”

To a question on whether the United Nations would investigate reports that Col. Qadhafi had tried to surrender during his capture, he said investigative responsibilities rested with the International Criminal Court and commission of inquiry mandated by the Human Rights Council, and were not issues for his mandate.

Responding to a question about the possibility of instituting Sharia law, he said there had been debate in National Transitional Council as to what the constitutional declaration would state about the extent to which future law would draw on Sharia principles.  That debate would evolve when a new constitution was drafted, which would not happen for at least another eight months.

Asked if a new Security Council resolution would be needed to revoke resolution 1973 (2011), which had imposed a no-fly zone and tightened sanctions on the Qadhafi regime and its supporters, Mr. Martin said he did not know.  There clearly were issues for the Council to address in relation to the sanctions, but it was up to that body to determine when it would do so.

To a final query on whether the National Transitional Council would seek formal recognition among countries that had not yet recognized its authority, Mr. Martin said the NTC felt it had received “overwhelming” recognition.  It would look forward to any other countries joining the great majority throughout the world.

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For information media • not an official record