Women's Rights Activist Expresses Concern Over Severe Restrictions
on Civil Society Space, Stresses Need for Legal Reform, International Cooperation
Libya needs more than ever to close the current page of institutional fragmentation, a senior United Nations official today told the Security Council, calling for an inclusive political agreement that would pave the way for peaceful and transparent elections across the country.
Abdoulaye Bathily, Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya (UNSMIL), said his exchanges with local actors throughout the country illustrate that Libyans want to end successive interim arrangements towards an elected and legitimate leadership. All Libyan leaders have agreed to amendment of the draft laws, he said, urging the country's two chambers to finalize and make electoral laws implementable towards a reasonable electoral timeline. "The electoral landscape should be a level playing field for all candidates", he stressed, noting that citizens yearn for unified political, military, security and economic institutions to safeguard the territorial integrity and national identity of the country.
Highlighting economic progress, he noted that the reunification of the Central Bank of Libya as a sovereign Libyan institution has been finalized. However, the fragile stability that had prevailed in Tripoli since August 2022 was shattered by fierce armed clashes on 14 and 15 August between the Deterrence Apparatus for Combating Organized Crime and Terrorism and the 444 Brigade, with 55 killed. Stressing the need for all parties to preserve security gains achieved in recent years, he said UNSMIL will continue to engage relevant actors to advance the reunification of military and security institutions.
Voicing concern over severe restrictions on civil society space in Libya, Noura Al Jerbi, civil society briefer and women's rights activist, spotlighted draconian laws and regulations, unwarranted investigations and enforced disappearance of human rights defenders and activists. Libya's legal framework only serves to supress civil society, she asserted, calling for a new civil society law and an independent civil society commission whose work will not be subject to interference from political authorities or the security sector. Detailing new procedures which discriminate against females by imposing unjust restrictions on women's travel in Libya, she stressed the need for legal reform and international cooperation.
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. He detailed the Committee's work from 20 June to 22 August 2023. The update for the two-month period covered acts by armed groups that threaten the peace and security of the country; violations of human rights, including human trafficking and migrant smuggling; illicit exports of petroleum products; and implementation of the asset freeze. He further discussed the arms embargo, the travel ban and the sanctions list, including new delisting requests received by the Committee.
In the ensuing debate, Council members underscored that presidential and parliamentary elections in Libya are the only way to restore the legitimacy of the country's institutions. However, security is also a precondition for an environment conducive to elections, numerous delegates pointed out, as they expressed concern about the fragile security context recently manifested in armed clashes between rival groups in Tripoli.
"We have already seen the cost of violence and instability in Libya's neighbourhood this year, from Sudan to Niger," said the representative of the United Kingdom with regard to the recent violence in Tripoli. It is imperative that civic space is protected to allow Libyans to hold their leaders accountable and to empower everyone to play a role in developing an open, democratic society that allows for freedom of association and assembly, he underscored.
The representative of China welcomed the work of the joint 6+6 committee in reaching the draft electoral law and its approval by Libya's House of Representatives. Citing external interference and pressure as important sources of instability in Libya, he urged the international community to adhere to the principle of a Libyan-led and -owned process, instead of blindly imposing solutions.
For his part, Brazil's delegate pointed to a lack of trust and social cohesion among key Libyan institutions and stakeholders, which enables external interference that reinforces the current political deadlock. Nevertheless, he welcomed the announcement of the reunification of the Central Bank of Libya, expressing hope that this decision will positively impact the national economy and serve as a catalyst for the unification of other institutions.
Ghana's delegate, also speaking for Gabon and Mozambique, meanwhile spotlighted the plight of migrants and refugees. Condemning the "massive arbitrary detention of asylum-seekers in inhumane conditions", he called on national authorities to ensure that migrants are protected against human-rights violations and echoed the Secretary-General's call for "alternatives to detentions to manage migration in line with international law".
Rounding out the discussion, Libya's delegate said issues with achieving consensus on electoral laws and organizing elections have led to increasing tensions between stakeholders in the country. Recent events in Tripoli are proof of this, he noted, warning that "if the political impasse continues, these events won't be the last that we see". Accordingly, he called on the international community to provide technical support to the High National Elections Commission so that it is prepared once the electoral law is enacted.
Briefings
ABDOULAYE BATHILY, Special Representative of the Secretary-General for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), noted he is working with the country's stakeholders to achieve three main objectives. First, it is crucial to convince Libya's House of Representatives and the High State Council to consider proposals from the High National Election Commission, multiple stakeholders and UNSMIL to address legal loopholes and technical shortcomings in the draft electoral rules. It is further important to explore the possibility of convening a meeting of main actors to reach a political agreement on four politically contested issues outlined in his last briefing. He also called for sustained dialogue among security and military actors to cultivate a security environment towards holding elections. His exchanges with local actors throughout the country illustrate that the people of Libya want to end successive interim arrangements towards an elected and legitimate leadership to govern the country.
He recalled his intensified consultations with the President of the Presidential Council, the Prime Minister of the Government of National Unity, the Heads of the House of Representatives and High State Council, and the Commander of the Libyan National Army. Citing shared written proposals to address the technical flaws and contested aspects of the draft electoral laws, he noted that all Libyan leaders have agreed in principle to amendment of the draft laws, urging the two chambers to finalize and make electoral laws implementable towards a reasonable electoral timeline. Despite persistent resistance towards face-to-face meetings among those who wish to maintain the status quo, he noted that steps are being taken. The Presidential Council President recently informed him of a meeting to explore concrete progress on the political track, and he urged key political players to meet and agree on politically contested electoral issues towards compromises, avoiding unilateral steps.
"The electoral landscape should be a level playing field for all candidates", he stressed. Noting that on 6 August, Mohammed Takala was elected President of the High State Council, he affirmed that Libya needs more than ever to "close the current page of institutional fragmentation", as citizens yearn for unified political, military, security and economic institutions to safeguard the territorial integrity and national identity of the country. Highlighting economic progress, he noted that the reunification of the Central Bank of Libya as a sovereign Libyan institution has been finalized. Turning to security, he warned that the fragile stability that had prevailed in Tripoli since August 2022 was shattered by fierce armed clashes on 14 and 15 August between the Deterrence Apparatus for Combating Organized Crime and Terrorism and the 444 Brigade, with 55 killed. Fortunately, other armed groups in Tripoli and its environs chose to remain neutral, which prevented the fighting from spreading, with a truce brokered.
Condemning the clashes and the associated loss of lives, he pointed to developments that underline the absence of command and control over the fragmented security apparatus in western Libya. It is therefore essential for all parties to preserve security gains achieved in recent years. To this end, UNSMIL will continue to engage relevant actors to advance the reunification of military and security institutions, a sine qua non condition for lasting stability. Voicing concern over human rights violations, including abductions, arbitrary arrests and disappearances, he called for the release of those arbitrarily detained and independent investigations. He was further alarmed over the serious humanitarian and human rights situation of migrants, refugees and asylum-seekers at the Tunisia-Libya border. "I call for an end to expulsions and urge Tunisian and Libyan authorities to ensure people are sent to safe locations and to allow the UN and partners humanitarian access to all locations," he stressed.
He welcomed news that preparations for the Sustainable Development Goals' Summit in September by the Libyan Government are well under way. Upholding Libya's stability is even more critical now in light of the recent clashes in Tripoli, the regional turmoil in Sudan and Niger and the fighting that took place in Tibesti region, in the south, a few days ago, between the Chadian Army and armed elements. He stressed that as current events in Libya and the region demonstrate that interim arrangements are fraught with risks of violence and disintegration for countries, it is therefore fundamental to restore Libya's stability to preserve regional security. He warned that without an inclusive political agreement that paves the way for peaceful, inclusive and transparent elections across Libya, the situation will worsen and cause further suffering to the country's people.
NOURA AL JERBI, civil society briefer and women's rights activist, voiced concern over severe restrictions on civil society space in Libya, including through the imposition of draconian laws and regulations, unwarranted investigations and enforced disappearance of human rights defenders and activists. Libya's legal framework reflects ongoing political divisions and only serves to supress civil society and limit fundamental freedoms. In March, Libya's Supreme Judicial Council declared as valid a Qadhafi-era law which violates Libya's 2011 Constitutional Declaration, undermines the freedom and independence of civil society and violates the principles of freedom of expression and association. Against this backdrop, she called for a new civil society law and stressed the need for an independent civil society commission whose work will not be subject to interference from political authorities, intelligence agencies or the security sector, including armed groups and militias.
"We need immediate action to halt systematic media campaigns which incite hate and violence against [human rights defenders and civil society organizations]," she said, highlighting an increase in hate speech and online violence against women in civil society, politics and media. Recalling her own experience, she said: "These forms of online violence not only attempt to silence my voice but also create an atmosphere of fear and intimidation, both for me and for others who wish to engage in meaningful discourse about human rights and social justice." Accordingly, she urged the international community to push Libya to enact laws against online hate speech and violence targeting women, while developing effective content-monitoring tools. Additionally, Libya should promote digital literacy programmes and support women's organizations in their efforts to combat online gender-based violence.
She underscored that all forms of abuse including threats and reprisals against civil society organizations and human rights defenders must be investigated and those responsible must be held accountable. On gender inequality and continued violations on women's rights, she detailed new procedures which discriminate against women by depriving their autonomy and rights as equal citizens. A multifaceted approach involving legal reform and international cooperation is essential to ensure the complete abolition of these unjust restrictions on women's travel in Libya. The absence of women's and youth voices in political dialogue hinders any real progress in a transition to peace and stability, she said, noting that a more inclusive approach is necessary for Libya's stability. "In championing human rights, we forge a path to a Libya marked by dignity, equality and justice - a future where every voice is heard, every life is valued and the bonds of our shared humanity are unbreakable," she said.
Statements
JAMES KARIUKI (United Kingdom) expressed deep concern about the violence last week in Tripoli, and particularly its impact on civilians. "We have already seen the cost of violence and instability in Libya's neighbourhood this year, from Sudan to Niger," he said, stressing that Libyan actors must heed this warning and fulfil their responsibilities to uphold peace and security across the country. Welcoming Mr. Bathily's ongoing efforts to facilitate a negotiation between Libyan actors to reach a political agreement for elections, he called on Libya's leaders to work constructively with the Special Representative, including by attending any meetings he convenes. Further, he emphasized, it is imperative that civic space is protected to allow Libyans to hold their leaders accountable and to empower everyone to play a role in developing an open, democratic society that allows for freedom of association and assembly.
ISHIKANE KIMIHIRO (Japan), calling for presidential and parliamentary elections to be held across Libya "without delay", underscored that such elections "are the only way to restore the legitimacy of the country's institutions". He therefore urged the Council to fully support the Special Representative's ongoing efforts to facilitate political negotiation and compromise among Libyan actors. Turning to the security front, he expressed concern that the situation in Sudan has significantly slowed efforts aimed at the withdrawal of foreign forces, fighters and mercenaries. Meanwhile, on economic issues, he welcomed the announcement of the finalization of the reunification of the Central Bank of Libya and the establishment of the High Financial Oversight Committee to ensure fair, transparent spending and distribution of national resources. Joining others in expressing concern, however, over increasing restrictions imposed on civil-society organizations, he called on the Government to take the necessary steps to clarify the legal basis for their activities.
NATHALIE BROADHURST ESTIVAL (France) said the Libyan people have the right to choose their leaders democratically, at the polls. Citing the draft electoral laws proposed by the joint 6+6 committee as "a significant step" towards the holding of simultaneous presidential and legislative elections, she said discussions between Libyan actors - in liaison with the Special Representative - must be encouraged to enact electoral laws as soon as possible. Voicing concern over recent armed clashes between militias which took place in Tripoli, she called on the Libyan authorities to prevent any escalation and recalled their responsibility to ensure the safety of the population. These latest events are a reminder of the importance of unified security and military institutions capable of ensuring security throughout the territory, she said, expressing support for the 5+5 Joint Military Committee and the two Chiefs of Staff, with a view to reunifying the Libyan army. France will also continue to demand respect for the arms embargo and the withdrawal of all foreign forces, foreign fighters and mercenaries from Libyan territory, she stressed.
HAROLD ADLAI AGYEMAN (Ghana), also speaking for Gabon and Mozambique, welcomed the Special Representative's continued efforts to address contested aspects of the electoral framework with all relevant Libyan institutions and actors. He urged the Special Representative to work with all stakeholders to establish firm timelines to deliver elections without further delay. He also expressed hope that political consensus among Libyan stakeholders on viable draft electoral legislation will be reached as soon as possible to pave the way for sustainable stability in the country. Turning to the security situation, he expressed concern over the fragile security context recently manifested in armed clashes between rival groups in Tripoli. Against that backdrop, he called on all armed parties to exercise restraint and fully comply with the 2020 ceasefire agreement, and on Libyan authorities to work towards unifying national security forces.
He went on to urge the Libyan authorities to work to improve the plight of migrants and refugees with the support of the international community. Condemning the "massive arbitrary detention of asylum-seekers in inhumane conditions", he called on national authorities to ensure that migrants are protected against human-rights violations and echoed the Secretary-General's call for "alternatives to detentions to manage migration in line with international law". He also expressed concern over the economic impact of the protracted conflict and ongoing political crisis, which is negatively affecting access to essential services. Noting the continuing political and security turmoil in the Sahel, he called for renewed commitment and a sense of urgency to stabilize Libya as soon as possible, while respecting its sovereignty, political independence and territorial integrity.
RICCARDA CHRISTIANA CHANDA (Switzerland), recognizing that it is the Libyans themselves who are calling for elections, noted the work done by the joint 6+6 committee to reach agreement on draft electoral laws. In order to create an environment conducive to fair and equitable elections, an inclusive pre-election agreement is necessary, she stressed, expressing support for the process under UNSMIL's auspices and calling on Libyan actors to engage constructively. However, security is also a precondition for an environment conducive to elections, she observed, warning against the very tense security situation, as demonstrated by the clashes that took place in Tripoli last week. Further, civil society space is constantly shrinking, she said, pointing to the ever-increasing excessive controls and bureaucratic restrictions imposed by security actors. She expressed particular concern over violations and abuses against women and girls, stressing that sexual assaults, particularly in places of detention, must be stopped, prevented and punished.
DAI BING (China) welcomed the work of the joint 6+6 committee in reaching the draft electoral law, and its approval by the House of Representatives. The Libyan issue is the result of politics, history and ethnicity, he affirmed, while pointing to external interference and pressure as important sources of instability. Noting that the Arab League has repeatedly called for respect for Libyan sovereignty and ownership, he urged the international community to adhere to the principle of a Libyan-led and -owned process, instead of blindly imposing solutions. Citing the recent clashes in Tripoli, he called on all parties to avoid escalation and maintain the ceasefire - while the withdrawal of external armed forces and mercenaries is important to the security of Libya and the region. Noting the gradual recovery of oil production and the reunification of Libya's Central Bank, he affirmed that the frozen assets of Libya's Government should be used for national reconstruction and development.
DMITRY A. POLYANSKIY (Russian Federation) said for more than 10 years, Libya has been unable to recover from the consequences of the North Atlantic Treaty Organization (NATO) military intervention, as a result of which its statehood was destroyed, its territorial integrity undermined and its economy destroyed. The initiatives to rebuild Libya have not been realized as quickly as hoped and the country is even more divided. Nevertheless, the ongoing efforts by Libya's people to gather the fragments of their country are bearing fruit. Turning to the holding of presidential and parliamentary elections, he said it would put an end to the protracted situation of having dual authorities and enable the return of the country's unity and territorial integrity as well as address the challenge of post-conflict recovery. Voicing concern over the fragile security situation in Libya, he underscored the need to boost efforts to create necessary conditions for the integration of the country's military components into a single Libyan army.
ALBANA DAUTLLARI (Albania), welcoming the unification of the Central Bank of Libya and the establishment of the High Financial Oversight Committee, expressed hope that these developments will encourage political forces in the country to continue in this direction on the security and political tracks. Deadly clashes in Tripoli serve as a reminder that the security situation is heavily affected by the political stalemate in Libya, and she echoed calls for de-escalation and accountability. Such clashes also underline the need for full observation of the arms embargo. Calling on Libyan stakeholders to renew efforts towards political agreement and define the legal basis necessary for democratic elections, she underscored that such elections "are the only tool to restore legitimacy to Libyan institutions". The political situation has also heavily impacted the human-rights situation in the country, she noted, stressing that attacks against human-rights defenders, women's-rights activists, journalists and civil-society organizations must be stopped.
NORBERTO MORETTI (Brazil), noting recent armed clashes in Tripoli, called on all parties with authority over armed groups across the country to work towards establishing a unified, accountable security architecture in Libya. Further, implementation of the October 2020 ceasefire must be supported - including through security-sector reform - and the disarmament, demobilization and reintegration of armed groups into Libyan society is key to improving security conditions in the country. There is a lack of trust and social cohesion among key Libyan institutions and stakeholders, which enables external interference that reinforces the current political deadlock. Nevertheless, he went on to welcome the announcement of the reunification of the Central Bank of Libya, expressing hope that this decision will positively impact the national economy and serve as a catalyst for the unification of other institutions. He added that the preservation of Libya's frozen assets requires closer monitoring and updated measures by the relevant sanctions committee.
SUOOD RASHED ALI ALWALI ALMAZROUEI (United Arab Emirates) highlighted the importance of resolving outstanding issues on the draft legal framework for elections, reaching a compromise that is acceptable to all parties. He called on all stakeholders to build on recent understandings and overcome political deadlock. Citing the security challenges exemplified by the worrying clashes in Tripoli, he urged all parties to de-escalate and resolve their differences peacefully. It is further vital to advance the unification of all vital State institutions, particularly given that the situation in some neighbouring countries could undermine progress achieved in recent years. He voiced support for efforts to unify military and security institutions, as well as the removal of all foreign fighters and mercenaries, further calling on the international community to address migration and its root causes while respecting Libya's sovereignty. On the economic front, it is crucial to insulate the oil and financial sectors from political polarization.
ANDRÉS EFREN MONTALVO SOSA (Ecuador) expressed concern about the recent armed incidents that occurred in Tripoli, which left dozens dead and hundreds injured. These tragic events threaten to undermine the progress that has been made, as well as the efforts to establish an ideal security environment that allows progress in the political process. Against this backdrop, he called on the parties involved to address their differences through dialogue and ensure their responsibility to guarantee the security and respect for the human rights of the civilian population. Further, he encouraged UNSMIL to continue supporting the efforts of the 5+5 Joint Military Commission in the implementation of the 2020 ceasefire agreement, as well as in the development of the operational plan for the synchronized and orderly departure of foreign forces, foreign fighters and mercenaries. To prevent the deterioration of the humanitarian situation and the entry of arms and ammunition into the country, it is important that the arms embargo be fully respected, he underscored.
FRANCESCA GATT (Malta) voiced concern over a prolonged political impasse and a tense security situation in Libya, which can quickly escalate in violent clashes. Elections are necessary to find a sustainable and inclusive political solution, she said, reiterating the right of Libya's people to choose their own leadership through such elections and to see their democratic aspirations realized. In this context, she emphasized the full, equal and meaningful participation of women in all political processes and electoral reforms, as well as their safe participation in elections. Expressing concern over the continued presence of foreign fighters, foreign forces and mercenaries, she said equally concerning is the proliferation of weapons under the control of various State and non-State actors. Turning to the human rights situation in the country, she underscored that the recent restrictive measures on fundamental freedoms and rights run counter to the goal of inclusive elections and national reconciliation in which women, youth and civil society have a pivotal role to play.
LINDA THOMAS-GREENFIELD (United States), Council President for August, spoke in her national capacity to condemn recent fighting between militias in Libya. "Persistent grievances cannot be resolved through more fighting," she stressed. The international community should back the Special Representative in consolidating support for elections, and all parties must make the necessary compromises required to hold them. Further, noting her country's support for national ownership of the election process, she encouraged all external actors to "respect the Libyan people's desire to formulate their own path". Such people are ready for compromise that will bring about elections and stability and, towards this end, she said that her country is open to supporting the formation of a "technocratic caretaker Government whose sole task would be to bring the country to free and fair elections". She added that the United States will continue to shine a spotlight on the Wagner Group's pernicious impact in Libya and across Africa. "Let's be clear - countries with Wagner deployments within their borders find themselves poorer, weaker and less-secure," she said.
ISHIKANE KIMIHIRO (Japan), Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented the report covering the period of 20 June to 22 August 2023, which featured two meetings. He cited informal consultations held on 18 August, which heard a presentation by the Panel of Experts assisting the Committee, to be submitted to the Council no later than 15 September, covering a range of issues including: acts by armed groups that threaten the peace and security of the country, violations of human rights including human trafficking and migrant smuggling, illicit exports of petroleum products and implementation of the asset freeze. The Committee is considering follow-up actions. He further noted a range of briefings and letters received, including on issues related to the asset freeze, and the importance of guaranteeing the frozen funds for the benefit of the Libyan people.
Turning to the arms embargo, he noted that no negative decision was taken by the Committee, and that it approved a request for exemption submitted by Malta. It further responded to a letter from Libya pertaining to certain aspects of that embargo and is considering a response to another letter from Libya concerning an interaction between a Libyan-flagged vessel and the European Union Naval Force Mediterranean Operation IRINI, as well as a letter from European Union concerning the status of cargo seized aboard an Equatorial Guinea-flagged vessel. On the asset freeze, no negative decision was taken by the Committee in relation to a notification submitted by Bahrain. Turning to the travel ban, it received two travel notifications from an individual on travel under a previously granted exemption for unlimited travel for humanitarian purposes. Regarding the sanctions list, the Committee also received a new delisting request submitted by a listed individual, and a second communication concerning another such individual.
TAHER M. T. ELSONNI (Libya) expressed hope that the sanctions committee will take into consideration his country's requests - particularly regarding restrictions imposed on individuals whose "names should no longer be featured on this list". The committee should also review the mechanism for dealing with Libya's frozen assets to safeguard funds that belong to Libyans. He went on to state that the current political situation does not allow for the launching of new processes or dialogues, which will only prolong the transition phase. To solve this, relevant parties must demonstrate strong, authentic will to overcome the crisis of trust between them, which must be led by Libyans themselves to end the transition phase through the holding of national elections. Against that backdrop, he called on the international community to support national efforts and to not allow those who wish to undermine Libya - either from within or without - to deprive the Libyan people of the stability for which they have hoped "following many bloody wars".
Issues with achieving consensus on electoral laws and organizing elections have led to increasing tensions between stakeholders in Libya, he reported. Recent, regrettable events in Tripoli are proof of this, and he warned that "if the political impasse continues, these events won't be the last that we see". He therefore called on the international community to provide technical support to the High National Elections Commission so that it is prepared once the electoral law is enacted. Detailing Government efforts in this and other areas, he also pointed out that Libya is not sheltered from neighbouring political situations. Fighting in Sudan, recent events in Niger and the wider crisis in the Sahel provide opportunities for terrorist groups and criminal networks to increase threats to the region. A stable Libya could help address these issues, and he said his country will support its neighbours in this regard once the current political crisis is ended.
