9549th Meeting (AM)
SC/15592

Libyans Still Waiting to Realize Their Aspirations for Sustained Peace, Democracy, Mission Head Tells Security Council, Stressing Importance of Political Settlement

Despite the finalization of the constitutional and legal framework for elections, key Libyan institutional stakeholders appear unwilling to resolve the outstanding politically contested issues that would clear the path to the long-awaited elections, a top United Nations official told the Security Council today, as delegates underscored the need to increase synergies between the political and national reconciliation aspects.

Thirteen years since the 2011 revolution, “Libyans are still waiting to realize their aspirations for sustainable peace and democracy,” said Abdoulaye Bathily, Special Representative for Libya and Head of the United Nations Support Mission in Libya (UNSMIL).  The way forward requires that all issues that prevented elections from taking place in 2021 be resolved through a political settlement between the key institutional stakeholders.  He highlighted the critical role of the Security Council and the international community, particularly the Libyan regional partners, in pressing the parties to engage constructively in this process.

He underscored that while no violations of the agreement for a complete and permanent ceasefire in Libya were recorded during the reporting period, progress on the withdrawal of military units and armed groups from all lines of contact continues to be impeded by the stalemate on the political track.  While January 2024 marked a positive development — the return of hundreds of Chadian mercenaries and foreign fighters from Libya to Chad — “the global security situation in southern Libya remains alarming” as the crises in Sudan and the Sahel are unfolding.  In Tripoli, rivalries between security actors to achieve territorial control over strategic areas of the capital continue to threaten its fragile security.

He further expressed concern that 11 of Libya’s High National Elections Commission field offices in areas under the administration of the House of Representatives-appointed “government” were instructed to suspend their operations and close.  “This constitutes an unacceptable interference in the operations of a sovereign institution,” he asserted.  The recent draft of a national reconciliation law which appears to bypass the Presidential Council by establishing a new mechanism for reconciliation is also worrisome, he stressed, noting its lack of guarantees to preserve the fundamental rights to truth, justice, reparations and non-repetition.

Yamazaki Kazuyuki (Japan), in his capacity as the Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented a report covering the period from 19 December 2023 to 15 February 2024.  The update for the two-month period covered the assets freeze, with no negative decision taken by the Committee in relation to three notifications received, and the travel ban, with one delisting request on 31 January granted by the Committee. On 2 February, the Committee heard a briefing from the Panel of Experts on its work plan and priorities for the mandate and its upcoming visit to Libya.  Noting a letter from Libya containing responses on the Panel’s final report, he recalled the Committee’s intention to organize a visit to all agreed areas of Libya.

In the ensuing debate, Council members highlighted challenges vis-à-vis breaking the political impasse and delivering elections in Libya, noting the indispensable role of UNSMIL in this regard.  Many voiced concern over the shrinking of civil society space and the rise of human rights violations — particularly towards migrants, asylum-seekers and refugees.

“The wounds of conflict in Libya run deep,” and the time for healing has come, said Mozambique’s delegate, also speaking for Algeria, Guyana and Sierra Leone.  National reconciliation is not just an option but an imperative — the bridge to build trust, overcome historical divisions, and pave the way for a peaceful and prosperous future, he observed, highlighting the African Union’s role in Libyan-led reconciliation efforts.  Respecting Libya’s independence and sovereignty and protecting its assets is extremely relevant to ownership and control over its resources while holding the elections is the only way to provide the country with legitimate institutions and a future of peace, he underscored.

Sounding alarm over human rights violations of armed groups that operate “without impunity”, the representative of the United States reaffirmed commitment to the full implementation of the arms embargo.  As well, he called for accountability, the implementation of the ceasefire agreement and the departure of foreign fighters from Libya.  Noting the vital importance of military reunification in securing the country’s borders and preventing regional turmoil, he voiced concern over the destabilizing activities of the Wagner Group and the impact of the Sudan crisis on the flow of migrants and refugees into Libya.

The representative of the Russian Federation, meanwhile, warned against harsh and intrusive steps, noting that any attempts to impose agendas on Libya will be futile.  Expressing concern about the persistent diarchy in Libya, he called for a genuinely inclusive Government that represents all regions, elected through nationwide elections.  It would be ill-advised to make the elections contingent on additional conditions or timelines or exclude political figures who enjoy popular support, he cautioned. He further called for the synchronized and phased withdrawal of all non-Libyan armed groups and stressed that the Council must approach the sanctions toolkit with caution.

Along similar lines, the representative of China emphasized that only a Libyan-led and owned political solution can bring long-term peace and stability.  Accordingly, he urged the international community to respect Libya’s sovereignty and ownership, refrain from imposing external solutions and prevent the country from becoming “an arena for geopolitical jousting”.  On the fragile security situation — particularly the proliferation of armed groups and diversion of weapons — he stressed that peace and stability in Libya are hard-won achievements that should be cherished.  Otherwise, he cautioned, “the country might quickly relapse into conflict and chaos”.

“Libyans are tired of foreign interventions and of the analysis, diagnosis, briefings and statements without any results,” said the country’s representative, as he urged the Committee to transform its role from being an instrument against Libyans to supporting them.  With the situation in Libya “going around in a vicious circle with no serious initiatives on the horizon”, its people continue to wait to hold elections.  UNSMIL and the international community must support national initiatives and national leaders to carry out realistic, viable initiatives to end the crisis, he asserted, commending the African Union’s efforts towards rebuilding Libya’s social fabric.

THE SITUATION IN LIBYA

Briefings

ABDOULAYE BATHILY, Special Representative for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), said that 13 years since the 2011 revolution, “Libyans are still waiting to realize their aspirations for sustainable peace and democracy”.  The way forward requires that all issues that prevented elections from taking place in 2021 be resolved through negotiations and a political settlement between the key institutional stakeholders.  Furthermore, the concerns expressed by some of the key stakeholders need to be addressed, including a temporary mechanism for transparent management and equitable distribution of resources, safeguards to provide a level playing field for all candidates and guarantees that elections do not result in “a winner-takes-all scenario” to the detriment of the others.  The envisaged political settlement must also include an iron-clad timeline of steps leading to polling day.

Highlighting the critical role of the Security Council and the international community in pressing the Libyan parties to engage constructively in this process, he underlined the particular importance of its regional partners.  He pointed out that due to the continued East-West divide between national institutions, the national budget will not be approved, perpetuating the lack of transparency in the use of public funding and the inequitable distribution of the country’s wealth.  It also increases the vulnerability of the Libyan economy to internal and external disruptions.  Libya’s southern region has long suffered from economic and political marginalization that must be remedied, he observed, underlining the critical importance of inclusive national mechanisms.  To this end, he urged all relevant Libyan entities to work together to achieve equitable, transparent and accountable management of Libya’s revenues and resources.

He underscored that while no violations of the agreement for a complete and permanent ceasefire in Libya were recorded during the reporting period, “progress on implementing outstanding provisions of the agreement — particularly on the withdrawal — continues to be impeded by the stalemate on the political track”.  Nevertheless, early January 2024 marked a positive development:  the return of hundreds of Chadian mercenaries and foreign fighters from Libya to Chad, as part of implementing the Chadian peace agreement signed in Doha in August 2022.  Despite this progress, “the global security situation in southern Libya remains alarming” as the crises in Sudan and the Sahel are unfolding.  In Tripoli, rivalries between security actors to achieve territorial control over strategic areas of the capital — where military bases and State institutions are located — continue to threaten its fragile security. Tensions between the “Deterrence Apparatus for Combating Organized Crime and Terrorism”, the “Stability Support Apparatus” and other aligned armed groups have heightened notably over the past few weeks.

On 1 January, the High National Elections Commission announced plans to hold local elections in 97 municipalities across the country in 2024, he continued, noting that the Government of National Unity is yet to provide the budget for this process.  He also expressed concern that 11 of Libya’s High National Elections Commission field offices in areas under the administration of the House of Representatives-appointed “government” were instructed to suspend their operations and close.  “This constitutes an unacceptable interference in the operations of a sovereign institution,” he asserted.  Recalling the Summit of the African Union High-Level Panel on Libya in Brazzaville, he encouraged the bloc to deploy a dedicated team of experts to Libya, which would help the national team conduct their efforts in a more efficient manner. Further, he voiced concern over a recent draft of national reconciliation law which appears to bypass the Presidential Council by establishing a new mechanism for reconciliation, noting its lack of guarantees to preserve the fundamental rights to truth, justice, reparations and non-repetition.

Turning to the increasingly concerning human rights and humanitarian situation of migrants, refugees and asylum-seekers in Libya, he said that over the past nine months, security actors had arbitrarily detained at least 60 individuals — including children — for their actual or perceived political affiliations.  The Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM) report significantly increased numbers of Sudanese refugees entering Libya in recent weeks.  UN agencies continue to have limited access to Sudanese refugees at Libya’s border with Sudan, particularly in Al-Kufra and in official detention centres.  He also sounded alarm over continued collective expulsions of migrants and refugees across the borders between Libya and neighbouring countries.  Accordingly, he called on Libyan authorities to ensure full, unhindered access to all persons in need of protection, and for full access and independent investigations into all alleged violations and abuses in Libyan detention facilities, including in Bir al-Ghanam and al-Assa detention facilities, where the situation is particularly dire.

YAMAZAKI KAZUYUKI (Japan), in his capacity as the Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented a report covering the period from 19 December 2023 to 15 February 2024.  On 2 February, the Committee heard a briefing from the Panel of Experts on its work plan and priorities for the mandate and of its upcoming intended visit to Libya.  Also noting a letter from Libya containing responses on the Panel’s final report, he recalled the Committee’s intention to work towards organizing a visit to all agreed areas of the country.  On the assets freeze, no negative decision was taken by the Committee in relation to three notifications received, he said, also noting the approval of an exemption request.  On the travel ban, the Committee granted one delisting request on 31 January, he added.

Statements

The representative of the United Kingdom welcomed the UNSMIL Head’s continued efforts to convene representatives of key actors for a preparatory meeting as “a critical next step towards breaking the political impasse and delivering elections”.  For this process to be successful, constructive engagement and genuine compromise from all sides are necessary.  Noting some challenges in this regard, she called on all parties to engage meaningfully with the UN process without preconditions.  Her country remains concerned by the shrinking of civil society space, the rise of human rights violations — particularly towards migrants and refugees — and the increasingly restrictive environment for women.  Libya’s leaders must provide the necessary support to facilitate municipal elections and allow their people to exercise democratic rights.  “Libyans will benefit from a democratic, united and stable State,” she asserted, urging the leaders to engage constructively with the Special Representative.

The representative of Slovenia said it is regrettable that “2.8 million Libyans who registered to vote in 2021 still have not had the opportunity to go to the ballot box”.  Amidst regional turmoil, he stressed the need to prevent Libya’s already fragile security situation from deteriorating, urging its political actors to put the aspirations of the country’s people first.  A political process should go hand in hand with efforts on national reconciliation, he pointed out, acknowledging the role played by the African Union.  The tragic flooding across eastern Libya demonstrated the urgent need for fully functioning State institutions, which are also critical in the recovery phase.  He further voiced concern over the human rights situation in Libya, particularly in the pre-electoral phase.  Attacks against human rights defenders, women’s rights activists, protesters, journalists and civil society groups undermine efforts to build an environment conducive to free and fair elections. Reports of human rights violations in detention centres, including torture, forced labour, ill-treatment and sexual violence against women, are also deeply concerning.

The representative of the Russian Federation, expressing concern about the persistent diarchy in Libya, stressed the need for a genuinely inclusive Government that represents all regions, elected through nationwide elections.  Noting the agreement reached on laws relating to elections, he called on all international actors to leverage this progress.  It would be ill-advised to make the elections contingent on additional conditions or timelines or exclude political figures who enjoy popular support, he cautioned.  Further, there is no alternative to the central role of the United Nations, he said, adding that UNSMIL is the lynchpin of this configuration.  It is crucial to avoid harsh, intrusive and ill-conceived steps, he said, adding that any attempts to impose agendas on Libya will be futile.  Welcoming the recent meeting of the African Union High-Level Committee on Libya, he called for the synchronized and phased withdrawal of all non-Libyan armed groups and stressed that the Council must approach the sanctions toolkit with caution.

The representative of Japan expressed his country’s support for the UNSMIL Head’s initiative to convene the preparatory meeting of the representatives of the major political stakeholders — a key step in addressing the core issues towards holding much-anticipated elections.  Calling on all parties to respond to the Special Representative’s invitation without preconditions, he welcomed the efforts under way on promoting national and local reconciliation, which reinforce the Head of Mission’s effort on the political track.  Political progress should also go hand in hand with ensuring security and stability.  In this regard, the work of the 5+5 Joint Military Commission continues to be important, including accelerating the withdrawal of foreign forces, foreign fighters and mercenaries.  Tokyo believes that political stability achieved by establishing a unified and legitimate Government through elections is vital for sustainable peace and security in Libya, he concluded.

The representative of Ecuador called on the interested parties in Libya to achieve agreements that will enable free, transparent and inclusive elections to re-establish legitimacy and put an end to the current division.  The Government’s unification is also fundamental to address reconstruction in the east of the country, following the September floods.  There is a constitutional and legal framework for the holding of elections which the High National Elections Commission considers to be technically implementable.  However, without political will, laws alone will not be able to hold these elections, he stressed, adding that the political process must be led by Libyans and supported by the UN.  On security, he welcomed UNSMIL’s holding of a workshop for members of the House of Representatives where they discussed the role of legislative bodies and civil society in the reform of the security sector.  Turning to the dire situation of migrants, refugees and asylum-seekers, he underscored that those responsible for crimes against them must be held accountable.

The representative of France, expressing full support for the mediation efforts of the Secretary-General’s Special Representative, said it is vital to lead the country towards free, democratic and transparent presidential elections.  Calling on all Libyan actors to engage in good faith and participate in the dialogues aimed at reaching an agreement on the constitution of the new Government, she said that her country is willing to continue facilitating that dialogue, as it has done since 2017.  On the security situation, she said the status quo is fuelling instability and called for the implementation of the 2020 ceasefire agreement.  All foreign combatants must withdraw, she said, stressing the importance of reunifying the Libyan army.

The representative of Mozambique, speaking also for Algeria, Guyana and Sierra Leone, stressed that the Libyan-led political process must remain the primary option to overcome the national political deadlock and restore peace, security and stability in Libya.  To that end, holding the elections is the only way to provide the country with legitimate institutions and a future of peace, unity, stability and prosperity.  Urging the parties to overcome the remaining divergences in implementing the electoral laws without foreign interference, he emphasized that the withdrawal of all foreign forces, foreign fighters and mercenaries from Libya is urgent towards creating a favourable and conducive environment for the ongoing political process. However, their departures should be conducted in close coordination with neighbouring States and with a corresponding disarmament, demobilization and reintegration programme to avoid the spillover of conflict beyond national borders.

“The wounds of conflict in Libya run deep,” he observed, stressing that the time for healing has come.  National reconciliation is not just an option but an imperative.  It’s the bridge to build trust, overcome historical divisions and pave the way for a peaceful and prosperous future.  In this regard, he welcomed the African Union’s role in supporting Libyan-led reconciliation efforts.  Respecting Libya’s independence and sovereignty is extremely relevant regarding ownership and control over its resources.  The Libyan authorities have repeatedly expressed concerns about the freezing of their assets abroad.  The Council should take positive steps to address such legitimate concerns.  “The effective protection of Libyan assets is not only a financial imperative but also a symbol of hope for the future of Libya,” he said.

The representative of China expressed hope that building on the outcomes of the dialogue achieved so far in Libya will push for more progress on the political process and create favourable conditions for the early holding of elections.  Only a Libyan-led and owned political solution can bring long-term peace and stability, he said, calling on the international community to respect Libya’s sovereignty and ownership, refrain from imposing external solutions and prevent the country from becoming “an arena for geopolitical jousting”.  The fragile security situation is worrisome, in particular the proliferation of armed groups and diversion of weapons.  The country’s political dialogue has also exacerbated the fragmentation of the security architecture.  Peace and stability in Libya are hard-won achievements that should be cherished; otherwise, “the country might quickly relapse into conflict and chaos”.  Accordingly, he urged all parties in Libya to comply with the ceasefire agreement and implement the outcomes of the 5+5 Libyan Joint Military Commission.  Further, he emphasized that foreign forces and mercenaries must withdraw from Libya without delay in an orderly manner.

The representative of Republic of Korea, noting that it has been two years since the scheduled elections were called off, said the outstanding issues concerning electoral laws are hampering political progress.  Stressing the need to establish a legitimate and unified Government throughout the country, he said the impact of the devastating floods in the country in 2023 were amplified by the lack of a national governing system and division among political actors.  Calling on them to place the interests of the Libyan people above all self-interest, he said all stakeholders must engage in good faith and forge agreements on outstanding issues.  The recurrence of armed clashes demonstrates the fragility of the security situation, he said, encouraging the 5+5 Joint Military Commission to facilitate the withdrawal of foreign fighters.  Also stressing the importance of transitional justice and accountability, he expressed concern about restrictions on civic spaces and arbitrary detentions.

The representative of Malta said that overcoming Libya’s ongoing political paralysis and conducting free, fair, transparent and inclusive elections requires compromise and political consensus.  The commencement of the High National Election Commission’s work in organizing municipal council elections is a positive step.  Her country looks forward to similar developments at the national level.  The Electoral Commission’s stated readiness to start preparing for the national electoral process is an opportunity to be seized by all Libyan actors.  Any political process, however, must ensure the full, equal, meaningful and safe participation of women as voters, candidates and observers.  It must also include the views of all Libyan stakeholders and facilitate the active, meaningful and inclusive participation of young persons and civil society.  The international community’s continued support remains crucial, but the ultimate responsibility lies with the key Libyan stakeholders, she emphasized.

The representative of Switzerland, noting that “efforts to organize elections over the past two years have not borne fruit”, stressed the need to increase synergies between the political and national reconciliation aspects.  This reconciliation process must be inclusive, particularly of women, victim-centred and based on the rule of law.  On the situation of migrant children, asylum-seekers and refugees, including unaccompanied children, she said they require special protection.  These children, who continue to be arbitrarily detained in official and unofficial detention centres, are exposed to increased risks of violence, including sexual violence.  “There is an urgent need to end the detention of children and to allow access to all detention centres for monitoring bodies, including the United Nations and humanitarian actors,” she asserted.  Turning to the consequences of the political impasse on the civilian population, she said that the protracted conflict and political division have made Libya more vulnerable to the humanitarian impact of natural hazards, which are exacerbated by climate change.

The representative of United States, reaffirming commitment to the full implementation of the arms embargo, expressed alarm about the activities of armed groups which are operating without impunity.  Their human rights violations have caused deaths, displacement and attacks against civil society, he said, calling for accountability.  Underscoring the need to implement the ceasefire agreement and ensure the departure of foreign fighters from Libya, he urged steps towards military reunification, because it is vital to secure the country’s borders and prevent regional turmoil.  Expressing concern about the non-transparent use of oil revenues for political gains, he called on Libya’s actors to participate in the preparatory talks aimed at addressing core issues standing in the way of elections.  Commending the European Union’s dedication to disrupting illicit activities off the coast of the country, he noted the increase of arms embargo violations and encouraged all States to comply with it.  Condemning the destabilizing activities of the Wagner Group, he also noted the impact of the crisis in Sudan on the flow of migrants and refugees into Libya.

The representative of Libya expressed hope that the sanctions committee will transform its role to support Libyans in emerging from the crisis — instead of being an instrument against them.  The situation in his country is “going around in a vicious circle with no serious initiatives on the horizon”, he said, stating that Libyans continue to wait for an end to the current stalemate.  They continue to wait to prepare for and hold elections.  UNSMIL and the international community must support national initiatives and national leaders to carry out realistic, viable initiatives to end the crisis.  Libyans are tired of foreign interventions and of the analysis, diagnosis, briefings and statements without any results.  He commended the efforts of the African Union and the Congolese presidency to support the rebuilding of Libya’s social fabric and restore trust among Libyans towards a national contract that may be the basis to support all other processes, be they political, economic or security-related.  This may be a building block to unify Libyans towards a future they aspire to have through general elections.  There is a call now to hold a national reconciliation conference in April, he noted, urging the Council to support such an effort.

For information media. Not an official record.