Statement [Made on Behalf of the Security Council, at the 9284th Meeting, 16 Mar. 2023, in Connection with the Council's Consideration of the Item Entitled "the Situation in Libya"]

S/PRST/2023/2View PDF

Who adopted this document and its mandates?

A Presidential Statement of the Security Council, under agenda item 220 The situation in Libya, published in 2023.

What subjects does this mandate have?

5 subjects

Ceasefires Elections Good Offices Libya Sanctions

What’s in this document?

15 paragraphs

At the 9284th meeting of the Security Council, held on 16 March 2023, in connection with the Council’s consideration of the item entitled “The situation in Libya”, the President of the Security Council made the following statement on behalf of the Council:

“The Security Council reaffirms its strong commitment to an inclusive, Libyan-led and Libyan-owned political process, facilitated by the United Nations and supported by the international community, as well as its strong support for the people of Libya to determine who governs them through elections and to ensure this legitimate demand is heard through the political process.

“The Security Council commends the role played by Egypt to facilitate talks in Cairo between the House of Representatives (HoR) and the High State Council (HSC). The Security Council welcomes, in this regard, the gradual progress made on the constitutional framework for elections and the 13th amendment of the constitutional declaration. The Security Council recognises the continued role of the HoR and HSC and underlines the need for new momentum to build on this progress, to secure the legal basis and political agreement essential to conduct free, fair, transparent, inclusive and secure national presidential and parliamentary elections in 2023 across the country and to complete Libya’s political transition.

“The Security Council reiterates its strong support for the Special Representative of the Secretary-General (SRSG) for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), Abdoulaye Bathily, in particular his mediation and good offices role to further an inclusive political process, in line with relevant Security Council resolutions. The Security Council commends the SRSG’s extensive consultations with Libyan and regional stakeholders, and the international community, to identify a consensus-based pathway towards national presidential and parliamentary elections in 2023 and meet the aspirations of all Libyans to select their leaders through the ballot box.

“The Security Council is encouraged by the SRSG’s initiative to launch a UN-facilitated, Libyan High-Level Panel for Elections (HLPE), in particular, that it is intended to complement progress made by other processes and bring together stakeholders. The Security Council emphasises the importance of a participatory and representative process that includes representatives of political institutions and political figures, tribal leaders, civil society organisations, security actors, youth, and the full, equal and meaningful participation of women, and is therefore able to assist in reaching consensus on the necessary steps to conclude the electoral process, including finalising the constitutional basis and electoral laws, in an inclusive and transparent way, in order to ensure that any outcome of its actions and deliberations is acceptable and supported by all major Libyan stakeholders. The Security Council urges all stakeholders to engage fully, constructively, transparently, and in a spirit of compromise with the SRSG and to uphold guarantees concerning the independence and integrity of the inclusive electoral process, and election results. The Security Council underscores the importance of cooperation and constructive engagement between all relevant Libyan institutions in this regard. The Security Council further emphasises the importance of providing a safe environment for civil society organisations to work freely and to protect them from threats and reprisals.

“The Security Council calls upon the international community to fully support the SRSG and UNSMIL in the implementation of their mandate, and, in this regard, encourages the SRSG to continue to take advantage of the contributions of neighbouring countries and regional organisations, in particular the African Union and the League of Arab States, in finding a lasting and peaceful solution to the Libyan crisis.

“The Security Council welcomes the support provided by the United Nations to the Libyan High National Elections Commission (HNEC), and encourages the continuation of this support, including the deployment of a needs assessment mission, to enable the HNEC to deliver free, fair, transparent and inclusive national presidential and parliamentary elections across Libya.

“The Security Council underscores the importance of the principles of financial responsibility, anti-corruption and transparency in the context of elections. The Security Council further underscores the importance of the Libyan authorities and institutions being both capable of, and accountable for, organising elections in a neutral way across the country in 2023.

“The Security Council recalls that individuals or entities who threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, including by obstructing or undermining the elections, may be designated under Security Council sanctions. The Security Council further recalls that all Libyan stakeholders previously gave strong guarantees to support and respect the independence and integrity of the electoral process, as well as the election results, and reiterates its call upon them to uphold these guarantees, in line with their political responsibilities to the Libyan people.

“The Security Council underlines the importance of an inclusive reconciliation process based on the principles of transitional justice and accountability, and welcomes the efforts of the Presidential Council to launch the national reconciliation process, with the support of the African Union, including to facilitate a meeting on national reconciliation in Libya in the coming months.

“The Security Council reiterates that the political process should be accompanied by constructive engagement in the economic and security tracks, as well as full respect for human rights law and international humanitarian law. The Security Council calls on all parties to uphold the 23 October 2020 ceasefire agreement and to accelerate full implementation of its provisions, including the Action Plan agreed by the 5+5 Joint Military Commission in Geneva on 8 October 2021, which is to be implemented in a synchronised, phased, gradual and balanced manner. The Security Council urges Member States to respect and support full implementation of the 23 October 2020 ceasefire agreement and Action Plan, including through the withdrawal of all foreign forces, foreign fighters and mercenaries from the country without further delay. They recalled the need to plan for security sector reform and to progress towards the demobilization, disarmament and reintegration of armed groups, as agreed by the 5+5 Joint Military Commission on 8 December 2022. The Security Council underscores the need for establishment of an inclusive, unified, accountable, civilian-led security architecture for Libya as a whole.

“The Security Council recalls its demands for full compliance by all Member States with the arms embargo imposed under resolution 1970 (2011), as modified by subsequent resolutions.

“The Security Council recalls that Libya’s oil resources are for the benefit of all Libyans. The Security Council welcomes the efforts of the Economic Working Group of the International Follow-up Committee on Libya of the Berlin process to support Libyan efforts towards the unification of financial institutions, including the Central Bank, and to establish a transparent, Libyan-led mechanism to improve revenue management and transparency for the benefit of all Libyan people. The Security Council reaffirms its intention to ensure that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall at a later stage be made available for the benefit of the Libyan people.

“The Security Council reiterates its grave concern about the smuggling of migrants and refugees and human trafficking through Libya, and at the situation faced by migrants and refugees, including children, in Libya. The Security Council recalls the need to support further efforts to strengthen Libyan border management. The Security Council calls on Libyan authorities to respect and protect the human rights of migrants, and to take steps towards the closing of migrant detention centres.

“The Security Council reaffirms its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya.”

Who adopted this document and its mandates?

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