In Disaster's Wake, Libya’s Rivals Must Finalize Electoral Laws, Special Representative Tells Security Council
Rival parties in Libya must mobilize through dialogue to finalize electoral laws and enable presidential and parliamentary elections to take place, a senior United Nations official told the 15-member organ today, in his first briefing since devastating floods caused widespread death and destruction in the north-east.
Abdoulaye Bathily, the Secretary-General’s Special Representative for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), said that Storm Daniel resulted in an “unprecedented tragedy” when it struck on 10 September, causing two dams near Derna to fail. UN agencies and international partners were on the ground within hours, with humanitarian aid reaching 146,000 people. While the disaster prompted solidarity and unified action at an institutional level, it also revealed severe governance deficits, including the lack of maintenance of dam systems, he said, calling for a unified national platform to be set up to assess the damage and undertake reconstruction efforts.
The disaster revealed severe governance deficits, including the lack of maintenance of dam systems and lack of an effective mechanism for disaster management, he said, adding: “Had these governance issues been resolved at the national level, they would have mitigated the impact of the tragedy.”
He reported progress on the electoral front, highlighting the completion of work by the House of Representatives and High State Council joint committee, or 6+6 Committee, in early October, as well as compromise achieved through laborious deliberations, following which the revised electoral laws were issued by the House of Representatives on 5 October. However, the most politically contentious issues — highlighted in his June and August briefings — remain unresolved. The rejection of amendments made by the High Council of State jeopardize the hard-won gains of the two Chambers, he said, calling for dialogue to head off of one of the rival parties appointing a Government unilaterally.
Also briefing the Council today was Ishikane Kimihiro (Japan), in his capacity as Chair of the Council Committee established pursuant to resolution 1970 (2011) concerning Libya, who detailed the Committee’s work from 23 August to 16 October.
In the ensuing debate, speakers expressed condolences over the devastating impact of Storm Daniel and emphasized the need for reconstruction efforts to be transparent and accountable. Many speakers underscored the urgency of holding free and fair elections to meet the Libyan people’s aspirations and to ensure the stability of the still-fractious country.
The United Kingdom’s representative, calling the status quo unsustainable, emphasized the need for an inclusive political agreement. He called on Libya’s leaders to engage with the Special Representative, attend UN-convened meetings and make concessions to move forward to elections.
The Russian Federation’s delegate urged a Libyan-owned process, without the imposition of external solutions or artificial timelines. Any attempts to use the situation in Libya to solve political and economic challenges around hydrocarbons is unacceptable, he said, adding that it is crucial to do away with foreign military presences through a gradual and consistent withdrawal of all non-Libyan armed groups.
The United States’ representative, meanwhile, welcomed the work of the 5+5 Joint Military Commission, tasked with facilitating the withdrawal of foreign fighters and mercenaries from Libya, while voicing concern over the destabilizing activities of the Wagner Group, “who have made no secret of their disregard for Libya’s sovereignty or their ambition to deepen their foothold in the region”. She added that reconstruction efforts must take place in a coordinated manner and facilitate the dignified return of internally displaced persons.
Mozambique’s delegate, also speaking for Ghana and Gabon, noting that the 2020 ceasefire agreement is holding, called on the parties to continue showing restraint and compliance. The Libyan authorities must commit to unifying the security forces, despite the complexity of doing so. He went on to call for domestic and international support for migrants, refugees and asylum seekers in Libya, including protection against human rights violations.
Libya’s representative urged the international community to continue to lend support in the wake of Storm Daniel, saying that searchers are still finding corpses as they look for the missing. Despite current conditions, solidarity has been unobstructed, with the Government of National Unity coordinating with others to speedily respond to the crisis. On the political front, efforts must be made to overcome challenges in the aftermath of the adoption of the electoral laws and political actors’ observations, he said, calling for pending issues to be addressed through a clear mechanism and timeframe to enable the High National Election Commission to hold free and fair elections as soon as possible.
Briefings
ABDOULAYE BATHILY, Special Representative of the Secretary-General for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), updated the Council for the first time since Storm Daniel hit Derna and surrounding areas on 10 September, saying it resulted in an “unprecedented tragedy” in the country’s history, with its human and material cost “beyond imagination”. Describing his visit to affected areas, including Benghazi, Tripoli and Derna, he noted that the tragedy cost thousands of lives. In Derna, a few days after the storm, he said, “I saw an apocalyptic scene where large portions of the city were literally swallowed up by the water.” UN agencies and international partners were on the ground within hours, providing life-saving assistance and conducting search and rescue operations, he said, adding that, six weeks after the floods, humanitarian assistance by more than 24 humanitarian organizations had reached over 146,000 people in need.
At the institutional level, the Presidential Council and the Government of National Unity were mobilized, while the House of Representatives and its appointed Government backed the rescue operations, he said. The Libyan National Army set up an operational room to support the activities of the rescue teams, while, in a remarkable show of solidarity, many armed formations of the west joined their colleagues from the east. However, the disaster revealed severe governance deficits, including the lack of maintenance of dam systems and lack of an effective mechanism for disaster management. “Had these governance issues been resolved at the national level, they would have mitigated the impact of the tragedy.” He voiced concern over the continued division of Libyan leadership over the reconstruction of Derna and other affected areas, reiterating that UNSMIL has called on the leaders to establish a unified national platform to assess the damage and undertake the reconstruction project, which will be borne by Libyan national resources and supported by international partners.
Turning to the electoral process, he highlighted progress made, including through the completion of work by the 6+6 Committee in early October, and compromise achieved following laborious deliberations in Bouznika in Morocco, as well as in Tripoli, Benghazi and other cities in Libya, following which the revised electoral laws were issued by the House of Representatives on 5 October. UNSMIL has advocated for electoral laws that are technically and politically implementable, he said, adding that while, from a technical perspective, the revised laws are an improvement to previous draft laws, the most politically contentious issues — highlighted in his June and August briefings to the Council — remain unresolved. Those issues include the mandatory second round of the presidential elections, which could potentially be misused to exclude candidates, to question a potential majority result and disrupt the whole electoral process. He also voiced regret that gender provisions for the Senate elections remained unchanged, with only 6 seats (6.6 per cent) allocated to women out of 90 seats.
On the security front, he said that Tripoli was experiencing a fragile calm, noting that persisting tensions between Tripoli-based armed groups underscored the need for an inclusive political process. In Benghazi, the Libyan National Army’s attempt to arrest the former Minister of Defense in the Government of National Acord, Mahdi al-Barghathi, led to armed clashes, causing several casualties and a communication shutdown for almost a week, he said, calling on all parties to opt for de-escalation through dialogue and ensure the protection of civilians during operations. Turning to the human rights situation, he voiced concern over the continuing attacks on civic space and the rule of law, as well as arbitrary arrets and detentions across the country. As well, he voiced preoccupation with the systematic deportations of migrants and asylum-seekers from Tunisia to Libya. While the finalization of electoral laws offered an opportunity to break the current stalemate in Libya, the rejection of amendments made by the High Council of State jeopardize the hard-won gains of the two Chambers, he said, warning of the risk of violent conflict following a unilateral appointment of a government by any of the rival parties. Therefore, he called on the Council to prevent this dangerous occurrence and mobilize the Libyan parties for dialogue.
ISHIKANE KIMIHIRO (Japan), Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented its fifty-first report covering the period from 23 August to 16 October. On the arms embargo, he noted the Committee’s response to a letter from Libya on an interaction between a Libyan-flag vessel and EUNAVFOR Operation Irini. The Committee also received a vessel inspection report from that operation, a letter from the Panel of Experts and communication from one Member State concerning a prior note verbale received from Italy on the transfer to the Libyan Government of certain vessels for coastal patrol.
On the assets freeze, he said that no negative decision was taken by the Committee in relation to five notifications, invoking paragraph 19(a) of resolution 1970 (2011), four of which were submitted by Bahrain and one from the United Kingdom. The Committee is also considering a response to a letter from the Libyan Investment Authority, a listed entity, on certain aspects of the assets freeze.
Turning to the travel ban, he said that the Committee received a communication from a representative of Aisha Qadhafi, a listed individual, confirming her return to Oman, as well as a notification from the United Arab Emirates as a State of transit. Further, the Committee is considering a de-listing request from Libya for one individual, as well as the third communication from the focal point for de-listing, established pursuant to resolution 1730 (2006). Finally, the Committee has received a note verbale from Malta regarding its deployment of a naval vessel to Libya on a humanitarian rescue mission, he said.
Statements
JAMES KARIUKI (United Kingdom) welcomed the Special Representative’s statement on the need for a national mechanism to direct recovery and reconstruction efforts. Reconstruction efforts must be unified across eastern and western Libya — and coordinated with local, national, and international partners — to be effective. “There must be full transparency, effective oversight and accountability to the Libyan people,” he said, adding that the status quo is unsustainable and will not deliver what Libyans need — namely, political progress and a unified and democratically elected Government. Emphasizing the need for inclusive political agreement, he called on Libya’s leaders to engage with the Special Representative, attend UN-convened meetings and make concessions to move forward to elections. He went on to support the renewal of UNSMIL’s mandate to create a path to presidential and parliamentary elections.
HERNÁN PÉREZ LOOSE (Ecuador) urged stepped-up recovery and reconstruction efforts in zones affected by Storm Daniel, with long-term strategies focusing on the most vulnerable groups and prioritizing, among other things, psychosocial support for those affected. He also called on all relevant national and local Libyan authorities and international partners to facilitate an agreement on a unified coordinated Libyan national mechanism to steer the recovery and reconstruction efforts. Turning to the humanitarian situation for migrants and refugees, he called for stepped-up international cooperation to tackle the illicit trafficking and smuggling of persons in the region. Regarding the security situation, he underscored the importance of continuing efforts to foster trust between the military and security leaders in support of the political process and to create a security climate propitious for the holding of just and safe elections.
Mr. ISHIKANE (Japan) stressed the need for national unity and solidarity. Expressing concern about the emergence of unilateral and competing initiatives from Libyan actors, he welcomed the Special Representative’s call for a unified and coordinated Libyan national mechanism to direct recovery and reconstruction efforts. He also stressed the need to hold national elections at the earliest. Noting the 6+6 Joint Committee’s work in drafting electoral laws, he said that solutions must be consensual and implementable to ensure a smooth electoral process. Also expressing concern about the clashes in Benghazi on 6 October, he said that all parties must continue to implement the ceasefire agreement.
PEDRO COMISSÁRIO AFONSO (Mozambique), speaking also on behalf of Gabon and Ghana, called for a unified national mechanism to take forward reconstruction after the recent flooding. Political stalemate in Libya has raised fears of further instability, but hopefully consensus on a viable draft electoral law will soon be reached, paving the way for stability. He encouraged the Special Representative to keep working with stakeholders to set timelines for elections, in tandem with the need for inclusive dialogue that includes women and youth. Noting that the 2020 ceasefire agreement is holding, he called on the parties to continue showing restraint and compliance, adding that the Libyan authorities must commit to unifying the security forces, despite the complexity of doing so. He went on to call for domestic and international support for migrants, refugees and asylum seekers in Libya, including protection against human rights violations.
MOHAMED ISSA ABUSHAHAB (United Arab Emirates) said the international community must continue to support urgent relief measures to help recovery in the wake of Storm Daniel. The United Arab Emirates sent urgent aid, as well as search and rescue teams, following the disaster. Solidarity after the floods demonstrated that unifying Libyan ranks is not unattainable, he said, voicing support for the Special Representative’s proposal for a unified national mechanism to help flood-affected areas rebuild. In this context, he called for commitment to dialogue and taking concrete steps to overcome all unresolved issues, and for the international community and the UN to enhance mediation efforts to help parties reach a just political settlement, under Libyan leadership and ownership. He also called for progress to be maintained on holding parliamentary and presidential elections, an important milestone to end the transitional stages in the country. He voiced support for the 5+5 Joint Military Commission, which has contributed to maintaining the stability of the ceasefire, and called for the withdrawal of all foreign forces and mercenaries from the country.
VANESSA FRAZIER (Malta) said that the disaster triggered by Storm Daniel is an example of the catastrophic consequences of human-induced climate change in the Mediterranean region. Pointing to the impact of the ongoing political paralysis on maintenance of infrastructures as well as the efforts of competing administrations to address recovery, she said those processes would proceed more smoothly through a central mechanism. Echoing the call to establish such a body to respond to the floods and coordinate humanitarian efforts, she called for gender-responsive planning and support to local women’s organizations. Stressing the importance of upholding the ceasefire, she expressed concern about the continued presence of foreign fighters and mercenaries. On the asset freeze, she said it is meant to exist for the benefit of Libya and its people.
NICOLAS DE RIVIÈRE (France) said that his country immediately mobilized following Storm Daniel, upon the Libyan authorities’ request, and deployed a field hospital in Derna where hundreds of people were treated. France is also supporting the UN in its emergency operations. France will continue to respond to needs following the UN’s call for a unified Libyan response to the consequences of the flood. Stressing that progress must be made towards organizing presidential and parliamentary elections as soon as possible, he emphasized that the right of the Libyan people to choose their representatives must be fully upheld. Following the work of the 6+6 Joint Committee, it is urgent to relaunch the electoral process, he said, voicing support for the Special Representative’s mediation to achieve credible, inclusive and transparent elections. Turning to the fragile security situation, he said that full implementation of the October 2020 ceasefire agreement must be guaranteed and that Libyan authorities must take all measures to ensure the security of their population.
DAI BING (China) called for continued momentum on political dialogue, including on an electoral roadmap. Hopefully, all parties will consolidate the outcomes of their dialogue and create the conditions needed for general elections in a Libyan-owned process. The humanitarian crisis also needs to be addressed. Stating that the North Atlantic Treaty Organization’s military intervention resulted in decades-long turmoil in Libya, he said that NATO bears responsibility for the loss and casualties caused by recent flooding as Libya was unable to respond as necessary. Despite the need for international aid, Libya’s overseas assets are still frozen, he added. Going forward, UNSMIL should support Libya’s efforts at dialogue and play a constructive role, he said, adding that foreign fighters and forces must withdraw in a smooth and orderly manner.
ADRIAN DOMINIK HAURI (Switzerland) called on the Libyan authorities to ensure that everyone affected by the recent storms and flooding receives foodstuffs, medical services and sanitation facilities, with particular attention given to women’s health needs. Humanitarian access must be authorized and facilitated, as required by international humanitarian law. On the review of electoral laws, he echoed UNSMIL’s call for all Libyan actors to show good faith in resolving controversial issues. The international community must support a political process in a coherent manner and under United Nations auspices. He went on to say that the Derna tragedy was not only about climate change, but also revealed a lack of governance in a divided Libya. It was uplifting to see people across Libya respond with solidarity and comparison, he said, adding that Switzerland supports the Libyan people’s demand for leadership that puts national interests and respect for human rights first.
LINDA THOMAS-GREENFIELD (United States), commending the UN’s efforts to marshal a response to Storm Daniel, and noting that United States provided $13 million in humanitarian aid, echoed UNSMIL’s call for a national mechanism to coordinate humanitarian assistance and ensure that reconstruction takes place in a transparent and accountable manner. Noting the meeting of the High Financial Oversight Committee in July, she said that regardless of modality, reconstruction must take place in a coordinated manner and facilitate the dignified return of internally displaced persons. Turning to the security situation, marred by recent violence in Tripoli and the southern border, she called on actors to work together to finalize electoral laws with a view to holding presidential and parliamentary elections. While welcoming the work of the 5+5 Joint Military Commission, she voiced concern over the destabilizing activities of the Wagner Group, “who have made no secret of their disregard for Libya’s sovereignty or their ambition to deepen their foothold in the region”.
DMITRY A. POLYANSKIY (Russian Federation), stressing the need for stability and the establishment of unified authorities, said that it is crucial to reach an agreement on the legislative basis for the electoral process. Noting that after a significant period of time, the House of Representatives and High State Council joint committee, or “6+6” committee, has finally managed to compromise and agree on a final version of the documents, he said that that outcome must be taken very seriously. Underscoring the importance of a Libyan-owned process, without the imposition of external solutions or artificial timelines, he said that the electoral process must be transparent. Any attempts to use the situation in Libya to solve political and economic challenges in the area of hydrocarbons is unacceptable. It is also crucial to do away with foreign military presences through a gradual and consistent withdrawal of all non-Libyan armed groups. Further, Libyan frozen assets should not be used for the gain of non-Libyan banking and financial structures, he said.
ARIAN SPASSE (Albania), noting that the Derna catastrophe is a dramatic reminder of the desperate need for unified and effective institutions in Libya, voiced strong support for the establishment of a unified Libyan national mechanism in response to the floods. Noting that negotiations between the two Chambers are at another impasse, he stated: “The Libyan people simply cannot wait indefinitely for the results of endless negotiations. An active and impartial UN mediation is essential to achieve sustainable stability through elections.” Voicing concern about the security situation in Benghazi and armed clashes, he said that Libya’s stabilization process remains a key priority, particularly given its impact on stability of North Africa and the Sahel. He called on regional actors to play a more proactive role in support of UN mediation efforts, emphasizing that the risks of a political vacuum in Libya are enormous.
SÉRGIO FRANÇA DANESE (Brazil), Council President for October, speaking in his national capacity, welcomed the technical readiness of the election commission to implement the electoral laws. “While outstanding issues might remain, their implementation should not be hindered purely due to political rivalry or expediency.” If requested by the Libyan institutions and stakeholders, the Special Representative could further facilitate consensus and further contribute to creating conditions conducive to government reunification. He called for a unified Libyan response in flood-affected areas as well for Member States to respect the arms embargo and a synchronized withdrawal of foreign forces. Reports of the erosion or misappropriation of Libyan frozen assets should be seriously considered, he said, emphasizing that the freeze is preventative, not punitive, and aims to preserve Libya’s sovereign wealth for its citizens’ future benefit. He also called for purely technical responses to mitigate the risk of losses as an unintended consequence of the asset freeze.
TAHER M. T. ELSONNI (Libya) thanked Council members for their sympathy for the Libyan people in the wake of the calamity that struck eastern Libya five weeks ago, claiming thousands of victims. Authorities continue to find corpses in their search for the missing, he said, adding that despite current conditions, solidarity has been unobstructed, sending a message to parties to unite and overcome differences. The Government of National Unity, coordinating with others, including local authorities, speedily responded to the crisis and mobilized all capacities to provide support, he said, renewing his call on the international community to continue to lend support. On the political front, efforts must be made to overcome challenges in the aftermath of the adoption of the electoral laws and political actors’ observations, he said, calling for pending issues to be addressed through a clear mechanism and timeframe to enable the High National Election Commission to hold free and fair elections as soon as possible.
On sanctions renewal and asset freeze, he called for cooperation between the investigating authorities and mechanisms to avoid loss and erosion of assets and to “protect Libya’s wealth, not punish it”. He also hoped to build on some Council members’ proposals to remove the names of some individuals from the sanctions list. While acknowledging that today’s meeting was about Libya, he voiced alarm over the ongoing situation in Gaza, stressing: “We cannot ignore the screams of innocent civilians in Gaza from siege and shelling, cut off from water and electricity and subjected to forced displacement.” He questioned whether those events do not amount to war crimes, crimes against humanity, and collective punishment amounting to genocide, adding: “Are you awaiting another Rwanda?” Before the hospitals turn into cemeteries, the bloodbath must end, he said, adding that he hoped that a forthcoming Council resolution on that issue will call for an immediate end to the violence, allow for the provision of humanitarian assistance, and end attempts at displacement.