Rival Actors’ Stubborn Resistance, Unreasonable Expectations Impeding Political Progress, Elections in Libya, Special Representative Tells Security Council
The obstinance of the rival Governments and other key players in Libya is exacerbating the country’s political impasse and obstructing plans to hold elections this year, risking further instability, the UN’s top official there told the Security Council today.
“Despite continuous and extensive engagement with the main institutional actors, their persistent positions are significantly impeding efforts to advance the political process,” said Abdoulaye Bathily, Special Representative for Libya and Head of the United Nations Support Mission in Libya (UNSMIL). He said his recent escalated dialogue with the five key stakeholders in hopes of resolving all contested issues regarding the electoral laws and the formation of a unified government has been met with “stubborn resistance, unreasonable expectations, and indifference to the interests of the Libyan people”.
The political deadlock has persisted since the indefinite postponement of the Libyan national elections that were planned for December 2021.
Mr. Bathily said both the President of the High Council of State and the Prime Minister of the Government of National Unity, Abdul Hamid Dbeibah, have put pre-conditions on any dialogue. The Speaker of the House of Representatives continues to prioritize that body’s formation of a new government, despite its terms of office having elapsed. And Libyan National Army commander Khalifa Haftar conditions his participation on the invitation of the House of Representatives-backed government or the disinvitation of the Prime Minister.
While no violations of the 2015 Libyan ceasefire agreement have been recorded, the stalemate continues to hinder implementation of key provisions, including the withdrawal of foreign fighters, foreign forces and mercenaries from the country, he said. For its part, UNSMIL has enhanced coordination with the monitoring subcommittee and liaison committees of Libya, Niger, Chad, and Sudan, as per the 5+5 Joint Military Commission’s request. “The selfish resolve of current leaders to maintain the status quo through delaying tactics and manoeuvres at the expense of the Libyan people must stop,” he stressed, adding: “More than ever, the renewed and coordinated commitment among regional and international actors is imperative.”
Also briefing the Council was Yamazaki Kazuyuki (Japan), Chair of the 1970 Committee concerning the arms embargo, travel ban and assets freeze imposed on Libya, who presented a report covering the period from 16 February to 15 April 2024.
In the ensuing debate, Council members underscored the need for municipal council elections planned for this year to take place, for foreign fighters to leave the country, and for human rights violations to be investigated.
Sierra Leone’s delegate, also speaking for Algeria, Guyana and Mozambique, noted that no new dates have been set for parliamentary and presidential elections, which will further undermine the State’s ability to rebuild its institutions. Stressing that Libyans need immediate action instead of more “good rhetoric”, he observed: “This is a process that is taking too long, and the current fragile political situation is a recipe for chaos and insecurity.”
Likewise, the representative of the United Kingdom said municipal elections would be “an important step in the right direction”, urging Libyan authorities to provide the High National Election Commission with the funding and security guarantees needed to deliver these elections as soon as possible. Also stating that political stalemate leaves Libya vulnerable to the influence of external actors, she noted “flagrant and malign” breaches of the arms embargo along with reports of large Russian Federation naval vessels delivering military supplies to the Libyan National Army on 8 and 14 April.
The United States representative called for the withdrawal of all foreign forces and mercenaries from Libya without delay. Particularly concerning are the activities of the Russian Federation-backed Wagner Group — a transnational criminal organization with no regard for Libya’s sovereignty. Refuting that allegation, the representative of the Russian Federation underscored that his country “has always actively worked to normalize the situation” and questioned the activities of United States military companies operating in Libya.
Several speakers expressed concern about a mass grave with 65 migrant bodies found in the south-west in March. Switzerland’s delegate said the discovery is a reminder of the urgent need for a coordinated response to migrant smuggling, while Ecuador’s representative urged the Libyan authorities to dismantle trafficking networks operating in the country.
Turning to national reconciliation, the representative of Malta said the African Union effort to hold a conference on the matter is “an important milestone” that provides an opportunity for broader political agreement while advancing peace and stability across Libya.
Libya’s delegate agreed, saying national reconciliation has not been given due attention in past years. While the road is difficult and long, all political solutions will remain fragile and incomplete without it. “What will the Security Council do to end direct interference in our country?” he asked. Libya is now an exporter of weapons through smuggling and other means, and the Council does nothing despite knowing exactly how these arms enter the country. Suggesting that it “might be a good time to save face” and end sanctions, he added: “Maybe then, we could find for ourselves — and by ourselves — a way out of this crisis.”
Briefings
ABDOULAYE BATHILY, Special Representative for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), said his escalated engagement with the five key Libyan stakeholders to resolve all contested issues regarding the electoral laws and the formation of a unified government has been met with “stubborn resistance, unreasonable expectations, and indifference to the interests of the Libyan people”. Amid an intentional defiance to engage in earnest and a tenacity to perpetually delay elections, the challenges facing United Nations-led efforts have become increasingly pronounced. UNSMIL has worked to maintain its neutrality and integrity. “Despite continuous and extensive engagement with the main institutional actors, their persistent positions are significantly impeding efforts to advance the political process,” he said, noting that both the President of the High Council of State, Mohamed Takala, and the Prime Minister of the Government of National Unity, Abdul Hamid Dbeibah, have put pre-conditions on any dialogue.
Moreover, the Speaker of the House of Representatives continues to prioritize that body’s formation of a new government, despite its terms of office having elapsed, he said. And Libyan National Army commander Khalifa Haftar conditions his participation on the invitation of the House of Representatives-backed government or the disinvitation of the Prime Minister. “The rivalry among these five major players is at the heart of the problem. The dialogue proposal is a balanced way to an inclusive solution,” he said, adding that the “renewed scramble for Libya, its position and immense resources among internal and external players is rendering a solution ever elusive”.
Detailing his efforts, he said that his discussions with the Presidents of the Presidential Council and High Council of State about an apparent agreement following a trilateral meeting on 10 March in Cairo — with which UNSMIL was not associated — revealed diverging interpretations and a lack of details on its outcome. In meetings with local communities in March and April in marginalized western cities and in Tripoli, he heard concerns about political and economic exclusion, social injustices, the plight of political prisoners, and aspirations for equal rights. He said he encouraged the High National Elections Commission to press on with municipal council elections and appealed to the Government of National Unity to allocate the requisite funds.
On the country’s worsening economic situation, he noted warnings from the Central Bank of Libya of an impending liquidity crisis. Libyan authorities must deal with the root causes of persistent harmful economic and financial practices, he said, urging them to “promptly agree on a national budget and decisively address significant deficiencies in transparent, equitable, and accountable management of State resources for the benefit of all Libyans”. He also cited recent instability in Tripoli, Misrata, and at the border with Tunisia. Despite such worrying domestic trends, no violation of the ceasefire agreement has been recorded. However, the political stalemate continues to hinder the withdrawal of foreign fighters, foreign forces and mercenaries. UNSMIL has enhanced coordination with the monitoring subcommittee and liaison committees of Libya, Niger, Chad, and Sudan, as per the 5+5 Joint Military Commission’s request. A resulting joint training programme is expected to be launched in May to boost capacity, trust, and coordination for the withdrawal process.
Turning to Libya’s human rights situation, he expressed deep concern about the rise in abductions, disappearances, and arbitrary arrests. The discovery of mass graves in the south-west on 22 March containing the bodies of 65 migrants who died while being smuggled through the desert is “extremely distressing”. He noted the Libyan authorities’ investigation into their death and urged greater regional cooperation to ensure migrants’ protection. He said a planned National Reconciliation Conference in Sirte on 28 April has been postponed, owing to divisions among Libyan leaders. “The selfish resolve of current leaders to maintain the status quo through delaying tactics and manoeuvres at the expense of the Libyan people must stop,” he stressed. “We cannot allow the aspirations of 2.8 million of registered Libyan voters to be overshadowed by the narrow interests of a few.” Peace and stability in Libya are crucial for the stability of the Sahel and the wider region. “More than ever, the renewed and coordinated commitment among regional and international actors is imperative,” he said.
YAMAZAKI KAZUYUKI (Japan), speaking in his capacity as Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented a report covering the period from 16 February to 15 April 2024. During the two-month period, the Committee issued a press release on the informal consultations held on 2 February and conducted its work by silence procedure to implement the sanctions measures. On the arms embargo, the Committee received one new report and one subsequent report on vessel inspections conducted by the European Union Naval Force Mediterranean Operation IRINI. The Committee received two requests for exemption to the arms embargo and one request for clarification of a previously approved exemption, as well as letters from the Panel of Experts with their technical inputs on two of those requests. On the assets freeze, he said no negative decision was taken in relation to the five letters received. Further, the Committee received four letters from Libya concerning certain aspects of the assets freeze; one contained an update to the transformation strategy of the Libyan Investment Authority and the others pertained to the management of certain LIA assets.
Statements
The representative of the United Kingdom said that recent clashes at the border near Ras Ajdir are a reminder of both the fragility of Libya’s security landscape and the impact escalation could have on ordinary Libyans. Municipal elections would be “an important step in the right direction”, she observed, urging Libyan authorities to provide the High National Election Commission with the funding and security guarantees needed to deliver these elections as soon as possible. Also stating that political stalemate leaves Libya vulnerable to the influence of external actors, she noted “flagrant and malign” breaches of the arms embargo along with reports of large Russian Federation naval vessels delivering military supplies to the Libyan National Army on 8 and 14 April. Further, noting that recovery efforts following the September 2023 floods remain politicized, she urged national authorities to use the technical expertise offered by the United Nations Development Programme (UNDP).
The representative of Slovenia said ongoing divisions and instability “should not become the norm or the status quo”. The Libyan people want to choose their own leadership through a democratic process, and it is the responsibility of all actors to show the political will required. He called on all key Libyan leaders to nominate their representatives to engage in the Special Representative’s preparatory meetings, without further delay. He welcomed the announcement that municipal council elections will be organized across Libya this year as critical to the democratic process. “There should be no barriers to these elections taking place,” he said, urging Libyan authorities to ensure they happen freely, fairly and safely. The international community must make unified efforts to deliver a political transition in Libya. He also called for accountability regarding the discovery last month of a mass grave with 65 migrant bodies, and thorough investigations into all reported incidents of misconduct and human rights violations against migrants, including those held in Libyan detention centres.
The representative of the United States said that, on the economic front, increasing instability — evidenced by the recent drop in the value of the Libyan dinar — continues to deepen the country’s political divisions. Stabilizing the currency is vital to ensuring essential services to the Libyan people. Commending the work of the 5+5 Libyan Joint Military Commission, he urged western and eastern Libyan forces to increase coordination efforts to reduce criminality in the south and secure the borders. Progress towards military unification is vital to reaffirming Libyan sovereignty and preventing Libya from becoming entangled in a regional conflict, he emphasized, calling for the withdrawal of all foreign forces and mercenaries from Libya without delay. Particularly concerning are the activities of the Russian Federation-backed Wagner Group — a transnational criminal organization with no regard for Libya’s sovereignty. He also observed that Operation IRINI’s mandate remains relevant as it “provides a deterrent to would-be smugglers”.
The representative of the Russian Federation underlined the need to find solutions without the imposition of “recipes from the outside”. In doing so, the international community must support Libyans — not make decisions in their stead — and he welcomed work to convene an inclusive conference on national reconciliation under the auspices of the African Union. Turning to the “fragile” security situation, he said that terrorist cells are becoming increasingly present and stressed the importance of incorporating disparate military groups into the Libyan National Army. Further, foreign military presence must be eliminated and, while underscoring the importance of the measures contained within resolution 2292 (2016), he said “the same cannot be said” for Operation IRINI. On allegations concerning his country’s presence in Libya, he underscored that the Russian Federation “has always actively worked to normalize the situation” and questioned the activities of United States military companies operating in Libya.
The representative of Japan called for concerted efforts under UN auspices to promote a Libyan-led and owned political process. To this end, he urged major political stakeholders to place the aspirations of the Libyan people above their interests and nominate their representatives to the preparatory meetings without delay and preconditions. Voicing concern over persistent insecurity — as demonstrated by the recent armed clashes in Tripoli, Zawiya and near a border crossing between Tunisia and Libya — he called for expediting coordination to unify the security and military institutions of the east and west as well as to withdraw foreign forces, foreign fighters and mercenaries. On the country’s humanitarian and human rights situation, he said that reported widespread violations of international law and excessive control over civil society and people with dissenting views are “alarming”. He underscored that “political stability through establishing a unified and legitimate Government is the key to sustainable peace and stability as well as economic and social development in Libya.”
The representative of France said our collective priority must be to restore the political process. She said the Special Representative’s mediation is essential to move the country towards national elections and called on all actors to commit to dialogue in good faith under UN auspices. She urged the authorities to enable municipal elections in 2024. “The status quo is no longer acceptable for the Libyan people”, she said, adding that the political process must be relaunched for a new unified government capable of leading the country into elections. France supports Libyan actors aiming to reunify the army and aims to bring those actors together as soon as possible towards that goal. She expressed deep concern about reports of human rights abuses and said those responsible must be held accountable. Regarding security, she said the political vacuum is benefiting the militia and is proof of the urgent need for a political and security transition.
The representative of Sierra Leone, also speaking for Algeria, Guyana and Mozambique, expressed concern that — 13 years since the start of the crisis — Libya remains in political stalemate. No new dates have been set for parliamentary and presidential elections, which will further undermine the State’s ability to rebuild its institutions. Stressing that Libyans need immediate action instead of more “good rhetoric”, he observed: “This is a process that is taking too long, and the current fragile political situation is a recipe for chaos and insecurity.” Against that backdrop, he called on all stakeholders to fully engage with the Special Representative’s mediation efforts and reach consensus on electoral laws to hold elections without further delay.
“In essence, the focus is on fostering dialogue, resolving issues and ensuring a successful electoral process,” he said. Turning to the security situation, he underlined the need to acknowledge that “some external actors have significantly contributed to Libya’s instability” by funnelling money and weapons to various proxies — putting their personal interests above the well-being of the Libyan people. He therefore reiterated that the withdrawal of all foreign forces, fighters and mercenaries “is a matter of urgency”. Also underlining the importance of the reconciliation process for healing societal wounds and promoting national unity, he encouraged all Libyans to engage in this process wholeheartedly. Additionally, he urged Libyan authorities to improve the plight of migrants and refugees in the country.
The representative of the Republic of Korea underscored that the sustained national reconciliation efforts in tandem with the political process will pave the way for lasting peace and security in Libya. However, he voiced concern over the recent protests by the Libyan population, motivated by the degradation of living standards and the recent sharp depreciation of the Libyan dinar. Grievances are also simmering as national resources for reconstruction in eastern Libya — affected by the devastating flood in September 2023 — are not being distributed equitably and transparently. On illegal arms and oil transactions, he fully supported Operation IRINI. Further, he observed that coherent international efforts are essential to protect the human rights of migrants and refugees in Libya, adding that every year, thousands of people die while crossing the Mediterranean, and tens of thousands are intercepted, returned to Libyan shores and subjected to harsh detention.
The representative of Switzerland said “a more coherent approach on the part of the international community”, in support of UNSMIL's efforts, is key to reach a compromise that enables free, fair and transparent elections in Libya. Libyan players must engage in more dialogue in good faith, without preconditions, under UN auspices. Calling for an end to repression against human rights defenders and civil society voices in Libya, she said Switzerland — as co-Chair of the Working Group on International Humanitarian Law and Human Rights of the Berlin Process — continues to engage with various partners who are also concerned about the continued shrinking of civic space. The alarming discovery of the mass migrant grave last month is a reminder of the urgent need for a coordinated response to migrant smuggling and human trafficking. The armed clashes that took place in Tripoli last week and the tensions that led to the closure of the Ras Ajdir border crossing are symptomatic of growing instability, which is “in no way in the interests of the population.”
The representative of Ecuador, noting with interest the League of Arab States’ initiative to facilitate dialogue and resolve matters related to the holding of elections in Libya, said that such initiative should complement the Special Representative’s process. Expressing concern over tensions between armed groups and security forces — such as those in Tripoli on 11 April — he encouraged UNSMIL to continue supporting the efforts of the 5+5 Libyan Joint Military Commission to implement the 2020 ceasefire agreement. Additionally, he recalled recent reports by the International Organization for Migration (IOM) on the discovery of the bodies of at least 65 migrants in south-west Libya who seemingly died while being transported through the desert by traffickers. In that context, he called on Libyan authorities to dismantle trafficking networks operating in the country.
The representative of China welcomed the Arab League’s meeting in Cairo, which encouraged the Libyan parties to discuss the formation of a unified Government. Reiterating Libyan parties’ opposition to external inference in the country’s political process, he called on the international community to respect Libya’s sovereignty and territorial integrity and refrain from imposing any external solutions. Voicing concern over the grave security situation in the country, he said multiple clashes have broken out in Tripoli, while some armed forces have accelerated their military exercises and upgraded their combat readiness. Noting the discovery of 65 migrant bodies in a mass grave in Libya’s south-west in March and “frequent maritime tragedies along the coast of Libya” in the past few years, he urged the relevant European countries “to approach […] the issue with an open and inclusive mindset and protect the right to life and human rights of migrants and refugees.”
The representative of Malta, Council President for April, speaking in her national capacity, said the key Libyan stakeholders must be guided by the overarching national interest and constructively engage with the political process under UN auspices. “It is fundamental that any regional efforts or initiatives run complimentary and do not undermine the efforts of the UN process,” she added. Libyan authorities must support the High National Elections Commission in organizing municipal elections this year, and the Commission must be given the requisite funding and resources in a timely manner. She said the African Union effort to hold a national reconciliation conference is “an important milestone” that provides opportunity for broader political agreement while advancing peace and stability across Libya. The full withdrawal of foreign fighters, foreign forces and mercenaries should be prioritized for Libya’s security, as should implementing the Libyan arms embargo. She welcomed the Government of National Unity’s commitment to develop new laws to protect children and to criminalize their recruitment and use and encouraged the authorities to swiftly adopt and implement such laws.
The representative of Libya observed that the genocide in the Gaza Strip “has removed many masks”, questioning whether the “Zionist entity” will be placed under Chapter VII because it did not implement Council resolutions and continues to violate international law. “I’m just here to remind you of your responsibilities towards the world,” he stated, adding that these words are addressed to those who “wave slogans of justice and human rights”. Some continue to preach and criticize the situation in Libya, giving lessons on the principles of humanity and democracy while turning a blind eye to scenes of killing in Gaza and a deaf ear to the screams of women and children buried under the rubble. Meanwhile, years have passed since Libya was placed under Chapter VII, nine Special Representatives have come and gone, and Libyans are wondering how long this will last.
“What will the Security Council do to end direct interference in our country?” he asked. While Libyans follow the organ’s meetings, they know they will not amount to anything new. The “political boxing match” in the Council will continue, consultations will follow — no different than those that preceded them — and Council resolutions will not be implemented, he said. Yet, Libya is now an exporter of weapons through smuggling and other means, and the Council does nothing despite knowing exactly how these arms enter the country. Suggesting that it “might be a good time to save face” and end sanctions, he added: “Maybe then, we could find for ourselves — and by ourselves — a way out of this crisis.” To that end, he underlined the importance of national reconciliation. While this has not been given due attention in past years — and the road is difficult and long — all political solutions will remain fragile and incomplete without it.