Mr. President,
1.
On 8 June, Benghazi witnessed a tragic event, with a considerable loss
of life, the greatest in east Libya since the Revolution. What started
as a peaceful demonstration outside the barracks of an armed brigade in
Benghazi deteriorated into an exchange of fire leaving many dead and
wounded, mostly from the demonstrators. Protestors were calling for the
Libya shield brigades, which comprise mainly revolutionary formations
under the operational control of the Chief of General Staff of the
Libyan Army, to be dismantled, and the army and police to be entrusted
the role of exclusive security forces.
2. The Libyan authorities
have taken swift action in the wake of the incident, transferring
control of several brigade barracks in Benghazi to the Libyan Army. The
General National Congress issued Decision 53 tasking the government to
deal with armed groups that remain outside the control of the state, and
to present immediately a proposal for the integration of armed
brigades. The government responded promptly with a decision to proceed
with the creation of a National Guard into which armed brigades would be
integrated, but differences on the status of revolutionary brigades and
their relationship with the state remain unresolved. The security
situation in Benghazi deteriorated again on June 15. In what appears to
be retaliation for the events of June 8, gunmen attacked an army base
and the National Security Directorate. A number of Special Forces troops
were killed. UNSMIL firmly condemned these attacks, as well as the
previous ones, and called on all Libyans to rally around their
legitimate institutions.
Mr. President,
3. I would like to
briefly touch on the unilateral Declaration by the Transitional Council
of Barqa on 1 June of a federal region in eastern Libya. The leadership
of the Transitional Council of Barqa have justified this move by what
they perceive as the central government’s failure to address security
and governance issues in their region. While it is difficult to gauge
popular support for federalism in the eastern and southern regions of
Libya, the calls for genuine decentralization and better distribution of
national resources can not be ignored. It may not be coincidental,
therefore, that the Prime Minister announced on June 5 the decision to
relocate the headquarters of four major state-owned companies from
Tripoli to Benghazi.
Mr. President,
4. When I last briefed
the Council in March, I noted a growing polarisation on the Libyan
political scene manifested, most particularly, in the disagreement over a
proposed law on political isolation and the related attempts to
undermine the authority of the democratically elected bodies and
legitimate state institutions.
5. It is undeniable that the law on
political isolation garnered significant political support over the
past months. It demanded the exclusion of figures associated with the
former regime and others who had committed human rights violations, from
public office. But deliberations over the law were divisive. There was
disagreement on the scope of exclusionary measures and their criteria.
6.
Commencing on 28 April, a number of revolutionary groups laid siege to
several government ministries in an attempt to force through the
adoption of the law. These actions had been preceded in March with the
storming of the General National Congress and the assaults on some
General National Congress members, including a shooting incident which
targeted then President el-Magariaf. This escalation in exerting
pressure set a dangerous precedent in its resort to the use of military
force in order to extract political concessions.
7. The political
isolation law was adopted on 5 May. However, the siege of ministries
continued for a few more days and more political demands were voiced. A
growing popular discontent, and a commitment of Prime Minister Zeidan to
address some of the numerous demands, helped put an end to a show of
force that threatened the stability of the country. Mr. Zeidan announced
his intention to reshuffle his cabinet. Two ministers have resigned and
have been replaced, so far.
8. The adoption of the Political
Isolation Law will have far-reaching repercussions on the political
process and the public administration. The Law lists a wide range of
political, administrative and other posts, and defines types of
affiliation and conduct, as a basis for the exclusion of individuals
from public life for ten years. Proposals that the Law include
provisions for exempting persons on the basis of their support to the
Revolution were rejected.
9. Despite his distinguished record in
active opposition to the Qadhafi regime over three decades, Mohammad
El-Magariaf would have been excluded from office, in application of the
law. He chose to resign as President of the General National Congress on
28 May. I would like to take this opportunity to pay tribute to Mr.
El-Magariaf’s leadership of the Congress since its inauguration, and
express appreciation and gratitude for his support to the UN’s role in
Libya and his confidence in UNSMIL and in me since I took up my duties
as Special Representative of the Secretary-General. We also owe him a
word of praise and respect for his dignified statesmanship as he
distanced himself from the Libyan political scene.
10. Written
advice was provided to the General National Congress on international
standards, best practices and potential risks of exclusionary measures.
The current law falls short of these standards in a number of areas. We
believe many of the criteria for exclusion are arbitrary, far-reaching,
at times vague, and are likely to violate the civil and political rights
of large numbers of individuals.
11. In the context of Libya’s
transition and the legacy of weak state institutions, the implementation
of the law risks further weakening of those institutions. On 5 June,
the day the law came into force, many prosecutors and judges went on
strike in protest at some of the provisions of the law which they
believe would affect them.
12. These developments demonstrate the
urgency of adopting a transitional justice law anchored in
truth-seeking, accountability and reparations. A draft law is currently
being considered by the General National Congress. UNSMIL continues to
advise on its scope and implementation.
13. In addition, UNSMIL
stands ready to assist Libyan authorities in the technical aspects in
conducting investigations and trials as part of the transitional justice
process. This is particularly significant in the context of the recent
decision by the International Criminal Court pre-trial chamber regarding
Saif al-Islam Qadhafi which is the subject of a Libyan appeal. We shall
continue also to affirm the importance of cooperation of the Libyan
authorities with the International Criminal Court.
Mr. President,
14.
Throughout the political crisis, my team and I increased engagement
with all parties concerned, underlining the need for dialogue as a means
of defusing tensions and ensuring respect for the democratic process.
Following an initial encouragement from the Government, and requests
from revolutionaries of diverse persuasions, UNSMIL initiated a series
of discussions to facilitate direct talks between the two sides. We
stand ready to continue providing our good offices.
15. The
political and security challenges that now face the country may well be
the legacy of decades of authoritarian rule, dysfunctional state
institutions and confusion around political norms. This reality invites a
national political dialogue that seeks consensus on the priorities for
the transitional period. This is a message that I have repeatedly
conveyed to Libyan authorities at the highest levels, political leaders
and revolutionary figures. UNSMIL has already provided the Government
and the leadership of the General National Congress with advice on
issues and modalities of a national dialogue. We stand ready to
facilitate this process, if so requested by the Libyan authorities.
16.
In our conversations with various actors we also touched on the
perceived, as well as the desired, role of the United Nations in Libya.
This was all the more necessary in view of an unanticipated controversy
around this role following the adoption of Security Council Resolution
2095 (2013). The said controversy surfaced in concomitance with the
national political crisis. There were voices that casted doubts on the
intentions of the international community and attributed to the United
Nations an interventionist design. The fact that resolution 2095 was
adopted under Chapter VII of the UN Charter raised increased
misunderstanding, suspicion and disquiet. On the other extreme of the
political spectrum, there were voices calling for a more robust UN
presence and reminding Libyans, or warning them, that Chapter VII
indicated the gravity of international concern. In such a context, we
needed to concentrate efforts on dispelling misperceptions and false
expectations fuelled by a formidable flow of disinformation.
Mr. President,
17.
In preparation for the election of the Constitutional Drafting
Assembly, the United Nations, in close cooperation with the
re-established High National Election Commission, facilitated
discussions between a wide range of Libyan decision and opinion makers
on issues such as electoral systems, voter registration and the
participation of women. Through these discussions, Libyans of various
political hues recognized the importance of designing a fair, inclusive
and credible process. Offering technical advice and drawing on best
practises, including the July 2012 national elections in Libya. UNSMIL
also highlighted the significance of adopting special measures meant to
enhance women’s participation in the Constitution Drafting Assembly.
Mr. President,
18.
In the forthcoming period, leading to the elections of the 60 member
Assembly, civic education and facilitation of debates on constitutional
issues will have to be a priority. In this respect, UNSMIL, has a
meaningful role to play. It is welcome by our Libyan partners and
preparatory work is well underway.
19. Conflict-related detentions
remain mostly unchanged since my last briefing to the Council. An
estimated seven to eight thousand detainees still await to be charged or
released. The process of transferring detainees to the authority of the
state moves slowly. In Bani Walid, the scene of armed conflict last
October, unanswered questions continue to surround the cases of bodies
handed over by Misrata in April. In a number of detention centres, we
have observed cases of torture. There is also evidence of deaths in
custody due to torture.
20. UNSMIL has persistently emphasized
that practises of extra-judicial killing and torture should not be
tolerated in Libya, more particularly by those who were victims of
injustice and repression under the previous regime. The national
consensus on the centrality of promoting human rights shall not allow
any justification of these violations.
21. UNSMIL continues to
work closely with the Ministry of Justice, various prison authorities
and local civil society to improve the situation of prisons. There have
been variable degrees of success, particularly in providing medical care
to inmates.
22. Legislative initiatives undertaken in April, are
worthy of appreciation. The General National Congress passed a law
criminalizing torture, enforced disappearances and discrimination as
well as a law clarifying the jurisdiction of the civilian and military
justice systems and abolishing the jurisdiction of military courts over
civilians. We also welcome the tabling of a new law intended to provide
assistance to women victims of sexual violence.
Mr. President,
23.
UNSMIL remains concerned about the situation of migrants in Libya. The
conditions inside these centres remain deplorable. UNSMIL and UN
agencies will continue to offer their humanitarian support to those
vulnerable groups and urge the government and local authorities to
address problems effectively and in full respect of the dignity and
rights of immigrants.
24. The plight of internally displaced
persons, some 35,000 Tawerghans as well thousands of Mashashiyans and
others, continues to be a major concern. The unilateral announcement by
Tawerghan community leaders of their intention to return to their
hometown on 25 June is a move fraught with risks. While UNSMIL continues
to support in principle the Tawerghans’ right of return to their homes
in safety and dignity, it is essential that all parties concerned create
acceptable conditions for the exercise of their right. To this effect,
we have intensified our efforts, emphasizing the need to establish a
fact-finding mechanism integral to transitional justice.
Mr. President,
25.
Border security remains a clear priority for Libya, and for its
neighbours, and the wider international community. Recent developments
in the Sahel region underscore the importance of effective border
security and management. Despite official pronouncements by the Libyan
authorities, severe capacity limitations result in little practical
progress to date.
26. Government efforts to address border
security necessitate the development of a comprehensive national
strategy, addressing issues of integration of revolutionaries, improving
inter-agency coordination, training, operational effectiveness, and
infrastructure in the southern border region. Libya will also need to
engage further in dialogue with its neighbours and its international
partners.
27. Parallel to this effort, more is expected from the
Government to accelerate the implementation of development projects in
the south, a region whose communities have suffered from marginalisation
far too long. Prime Minister Zeidan recently visited the south and made
promises to move forward in reconstruction and development.
Mr. President,
28.
The continuing weak state of security sector institutions, coupled with
the lack of effective national security coordination, comes at a time
when security incidents throughout the country, have grown in number and
scale. Progress on Libya’s plans agreed at the International
Ministerial Conference in Paris in February this year has stalled, in
part because of the political crisis that ensued since.
Inter-ministerial coordination on national security architecture
struggled to show meaningful dividends.
29. In April, UNSMIL
presented ‘Towards a Defence White Paper’ to the Minister of Defence and
the Chief of the General Staff for their consideration. This joint
effort by the Ministry of Defence, the Libyan Armed Forces and UNSMIL,
includes 52 recommendations for a future Libyan defence strategy, and 18
immediate priorities.
Mr. President,
30. The Libyan state’s
ability to fully assert its authority over the south, continues to be
limited. We believe the Libyan authorities still have the opportunity to
step up their efforts to effectively counter threats emanating from the
south. Crucial to this effort, will be the support and assistance of
Libya’s international partners, and the cooperation of its regional
neighbours.
31. More broadly, we have learned from our experience
in Libya over the past 21 months, that a piecemeal approach to
state-building falls short of achieving good results, particularly in
the security sector where the needs are huge and immediate.
Mr. President,
32.
The United Nations Support Mission in Libya, along with the rest of the
UN country team, will continue to support Libya’s democratic transition
in accordance with our mandate, assisting in the constitution-making
process and providing the technical assistance needed for a national
election thereafter. But we must also recognise that Libya’s democratic
transition does not stop with the attainment of these objectives. In
fact, it goes well beyond the confines of our mandate.
33. The
risks in Libya should not be underestimated, and by the same token, the
opportunities should not be overlooked. Judging by the speed with which
last year’s elections to the General National Congress took place so
soon after the cessation of hostilities, we would be forgiven if we
thought that the road to democracy was as simple as it appeared. As
important as these elections may have been in ushering in the beginnings
of a new political process and the building of legitimate state
institutions, the Libyan people will continue to endure for the
foreseeable future the heavy legacy bequeathed to them over decades of
brutal rule. Managing the transition is bound therefore to be difficult.
Mr. President,
34.
The mood in Libya today may have changed since I last briefed the
Council in March. Despite the gravity of some of the security and
political developments that have taken place over the course of the last
three months, Libyans have not lost confidence. Many of them remain
unwavering in asserting the principles that underpinned their
Revolution, and their desire to build a modern and democratic state,
based on the separation of powers, respect for human rights and the rule
of law.
Thank you.
