Human Rights Council holds interactive dialogue with the Commission of Inquiry on Libya

AFTERNOON

9 March 2012

The Human Rights Council this afternoon held an interactive dialogue with the Commission of Inquiry on Libya after its Chairperson presented a report on the situation of human rights in that country.

Philippe Kirsch, Chairperson of the Commission of Inquiry to investigate all alleged violations of international human rights law in Libya, said the Commission had confirmed that the Qadhafi forces had committed crimes against humanity and war crimes. The Commission had also concluded that war crimes and crimes against humanity had been committed by thuwar, brigades of fighters that rose up against the regime, and that violations of international human rights law continued to occur in a climate of impunity. It was imperative that the Libyan authorities established appropriate mechanisms to address the crimes and violations committed in the country and to ensure the perpetrators did not escape justice. The Commission urgently called for the establishment of an independent judiciary, to secure the sites of the most serious crimes for their evidentiary value and to train judicial police, prison and other officials in international human rights standards.

Libya, speaking as the concerned country, said the competent authorities of Libya had afforded the High Commissioner and the Commission of Inquiry full support and access, and had responded positively to all requests. The Government would hold every person accountable for their crimes and the National Transitional Council had put human rights at the top of their priorities. Libya repeated its request for countries who hosted members of the old regime to cooperate and extradite these individuals. Libya also asked concerned parties to lift the freeze on its assets, for the country required resources to continue its transition.

During the interactive dialogue speakers said that the current situation in Libya presented huge challenges to the promotion and protection of human rights and the country needed the support of the Council not only to guarantee credible investigations of violations but to consolidate the rule of law in the country. There was concern about the failure to hold thuwar accountable and for the continuing breaches of international human rights law in a climate of impunity. Other speakers were encouraged by the Government’s commitment to human rights and the positive steps taken to establish mechanisms for accountability. Some speakers welcomed the Commission’s conclusions that the North Atlantic Treaty Organization had not deliberately targeted civilians. Others said that serious human rights violations had been committed during this North Atlantic Treaty Organization campaign and that the mandate to protect the civilian population had been a pretext to overthrow the Government. The frozen assets of Libya should be released and speakers said it was vital that the international community redouble its efforts to support the new Government in its transition to democracy with urgent assistance at administrative, law enforcement, and judicial levels.

In concluding remarks, Philippe Kirsch said that he welcomed the commitment of Libya to hold perpetrators of crimes and violations responsible and that the Government would oppose discrimination on any ground. The Commission recommended that the Council address the situation of human rights in Libya in a more substantive and sustained manner than through a Commission. Mr. Kirsch stressed that the restoration of a judicial system was a pre-requisite for the implementation of a number of other recommendations aimed at the Government.

Speaking in the interactive dialogue were Mauritania on behalf of the Arab Group, the European Union, France, Mexico, Belgium, Sudan, Indonesia, Italy, Cuba, Qatar, Maldives, Uruguay, United Kingdom, Turkey, Czech Republic, Chile, Brazil, Venezuela, Kuwait, Australia, the United States, and the Russian Federation.

When the Council resumes its work on Monday, 12 March at 9 a.m., it will conclude the general debate on the promotion and protection of all human rights and then will conclude the interactive dialogue with the Commission of Inquiry on Libya. It will then hold interactive dialogues with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, the Special Rapporteur on the situation of human rights in Myanmar, and the Special Rapporteur on the situation of human rights in Iran. The Council will then hold an interactive dialogue on the report of the Commission of Inquiry on the situation of human rights in Syria.

Documentation

The Council has before it the report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in Libya (A/HRC/19/68)

Presentation of the Report of the Commission of Inquiry on Libya

PHILIPPE KIRSCH, Chairperson of the Commission of Inquiry to investigate all alleged violations of international human rights law in Libya, said that the report continued to deal with abuses committed by the former regime, but was also focused on abuses by those who had risen up against it. The Commission had confirmed that the Qadhafi forces had committed crimes against humanity and those violations of international humanitarian and human rights law that amounted to war crimes. The Commission had also concluded that war crimes and crimes against humanity had been committed by thuwar, brigades of fighters that rose against the regime, and that breaches of international human rights law continued to occur in a climate of impunity. Concerning the use of force by the North Atlantic Treaty Organization, the Commission had found that a highly precise campaign had been conducted, with a demonstrable determination to avoid civilian casualties. However, although the North Atlantic Treaty Organization said that they had taken all feasible precautions, the Commission had not been provided with the sufficient information to verify this independently and had recommended further investigation in this regard.

Turning to accountability, Mr. Kirsch said that it was imperative that the Libyan authorities established appropriate mechanisms to address the crimes and violations committed in Libya and to ensure that perpetrators did not escape justice. Decades of corruption, repression and serious human rights violations had left their traces in the Libyan society, while the country was witnessing a proliferation of brigades; those were the challenges facing the new Government in building a democratic society, together with a precarious security situation, weak national and judicial police and the inability of the central Government to enforce decisions. The Commission’s recommendations to the interim Government aimed at ensuring accountability and respect for international human rights standards throughout the society. Most urgent was the need to establish an independent judiciary, secure sites of most serious crimes for their evidentiary value and to train judicial police, prison and other officials in international human rights standards. The Commission called upon the international community to provide targeted assistance to Libya to achieve those goals.

Statement by Libya as the Concerned Country

Libya, speaking as the concerned country, said the competent authorities of Libya had afforded the High Commissioner and the Commission of Inquiry support, access and responded positively to all requests. In 2011, the executioner, who committed the most heinous crimes, met protestors with an arsenal of weapons that led to many casualties and deaths. Placing the acts of the executioner on the same level as the reactions of the victims was not logical. Even so, Libya condemned all human rights violations. Libya was hurrying to disseminate a culture of human rights and democracy. The Government would hold every person accountable for their crimes. All those responsible would be brought to justice. Libya deplored the rape and violence that happened and also condemned those who committed revenge. The only way to return honour to victims of rape was through justice. As for the citizens of sub-Saharan Africans present in Libya, Libya was part of the African continent and cherished its ties with its neighbours. For those Africans who worked for the regime, Libya guaranteed the right to fair trial without discrimination. The National Transitional Council had put human rights at the top of their priorities. Libya repeated its request for countries who hosted members of the old regime to cooperate and extradite these individuals. Interpol had issued arrest warrants for them. Every person guilty of human rights violations would be brought before a court of law and guaranteed a fair trial in line with international standards. Libya also asked concerned parties to lift the freeze on its assets, for the country required resources to continue its transition.

Interactive Dialogue

Mauritania speaking on behalf of the Arab Group, welcomed the series of measures taken by the Libyan Government, including a constitutional declaration that enshrined full respect for human rights. Libya’s presence today illustrated its willingness to cooperate with the Human Rights Council. The Arab Group reaffirmed its commitment to a sovereign and unified Libya.

European Union said that the scale of human rights violations in Libya were extensive and called on the interim Government to follow through on their commitment to fully investigate all abuses and violations irrespective of who committed them and to ensure full accountability. Could the Chairperson elaborate on how the international community could best support Libya to ensure the abuses and violations were properly investigated and the perpetrators were brought to justice?

France said that the crisis in Libya had been marked by acts of torture, arbitrary detention and extrajudicial executions. France was concerned about the violence that had occurred in illegal detention centres and against ethnic minorities. The international community should provide technical assistance to Libya and the Council should establish a follow-up mechanism to ensure the implementation of the recommendations of the Commission of Inquiry.

Mexico said that the current situation in Libya presented huge challenges to the promotion and protection of human rights. Libya needed the support and backing of the Council not only to guarantee a credible investigation of violations, but also to consolidate the rule of law in the country. That was why Mexico supported the recommendations made by the Commission of Inquiry to Libya and the international community.

Belgium said great importance must be given to the fight against impunity for both Qadhafi and anti-Qadhafi forces. Belgium was concerned about the failure to hold thuwar accountable and for the continuing breaches of international human rights law in a climate of impunity. The interim Government faced enormous challenges in confronting legacies of decades of serious human rights violations and that was why the human rights situation in Libya should be kept on the agenda of the Human Rights Council.

Sudan took note of the report of the Commission of Inquiry on Libya and welcomed the national law on reconciliation and justice promulgated by the Transitional National Council and the establishment of the National Commission for Human Rights. Sudan asked Mr. Kirsch to provide clarification on the paragraph in the report that referred to Sudanese mercenaries in Libya.

Indonesia said while the international community had been instrumental in taking actions to address the human rights and humanitarian crises in Libya, it also had to assist in facilitating the country’s needs in the aftermath of the crisis. The National Fact-finding and Reconciliation Commission should play its critical role in reconciliation measures among different parties. The international community should provide support in developing plans to enhance the legal system.

Italy welcomed the firm commitment of the Transitional Government to establish the rule of law and uphold all rights and fundamental freedoms. The report of the Commission underlined that reversing the culture of impunity prevailing in the country, given a heritage of 40 years of brutal dictatorship, was a major challenge.

Cuba said Cuba’s warnings about the real motives of the North Atlantic Treaty Organization and the imperialist intentions on Libya had been shown to be facts. Cuba condemned the criminal aggression by the North Atlantic Treaty Organization. The real intention was to get a hold of the oil and water reserves in Libya. The North Atlantic Treaty Organization had committed atrocious crimes in Libya, as had been shown in the Commission’s report.

Qatar welcomed the reforms taken by the Government of Libya to create a democratic State. The establishment of a national council of freedoms and human rights to investigate human rights violations was an example of the Government’s commitment. The frozen assets of Libya should be released and the international community should extend technical assistance to Libya.

Maldives said the interim Government in Libya had expressed a commitment to human rights and had taken positive steps to establish mechanisms for accountability. It was vital that the international community redouble its efforts to support the new Government in its transition to democracy with urgent assistance at administrative, law enforcement, judicial and other levels.

Uruguay noted the important political changes that had taken place in Libya. There was a need for the establishment of institutions to help establish a democratic State. Uruguay was concerned about the continued violation of human rights and urged the Council to work with the interim Government to follow-up on violations.

United Kingdom welcomed the Commission’s conclusions that the North Atlantic Treaty Organization had not deliberately targeted civilians and that it had fully cooperated with the Commission of Inquiry. The United Kingdom noted the changes already made by the national Government, and expressed concern over the continuing human rights violations by the brigades. It was essential that women, minorities and youth were protected and could live freely in Libya.

Turkey said that Libya had evolved in a new phase, in which it faced a tough struggle to transform the country. Political transformation towards constitutional democracy, national reconciliation, institutional reconstruction, and economic development were the major challenges at the moment. Reintegration of the militias into the society and bringing the circulation of weapons under control still needed to be dealt with and progress in this area would help improvement of the human rights situation.

Czech Republic said that the Government of Libya needed to investigate all violations of international human rights and humanitarian law and prosecute those responsible in a fair trial. The Czech Republic welcomed the commitment of Libya to transitional justice and the establishment of the fact-finding and reconciliation commission which might build on the work of the Commission of Inquiry. Libya should also continue to build a functioning justice system and pursue legal and institutional reforms.

Chile said it was not possible to understand the situation in Libya without understanding the damage to the social fabric after decades of dictatorship and widespread human rights violations. It was clear that the consolidation of security was a complex subject, particularly given the number of revolutionary brigades. Chile was concerned about the foreign nationals present in Libya. The Government had to take action to prevent revenge and it had to investigate acts that violated human rights. Chile asked how the Commission of Inquiry saw the cooperation of the Council with the transition process.

Brazil said the use of force to protect civilians under imminent threat of violence should not generate more harm than it was authorized to prevent. In the Libyan case, Brazil and others raised questions about the implementation of Security Council resolution 1973. The original mandate, to protect civilians, turned into foreign military intervention in a civil war with decisive implications for the conflict’s outcome. The Government and civil society of Brazil were working to make substantial donations of antiretroviral medicines to Libya which would benefit persons living with HIV/AIDS

Venezuela said it had always been in favour of solving the situation in Libya politically and not by force which had caused the loss of many lives. From the outset, Venezuela had opposed the intervention in Libya. Venezuela firmly rejected any interference or meddling on the territory of any country in the world. The astronomical expenditures associated with the intervention could have been used to address the many needs of the impoverished across the world.

Kuwait said Kuwait reaffirmed the sovereignty, independence and territorial integrity of Libya. Kuwait noted Libya’s commitment to protect human rights through the establishment of a new human rights institution and urged the Government to accelerate the collection of arms. The Council and the international community should provide support to Libya in its efforts to build a democratic State.

Australia said Australia would continue to impress upon the interim Libyan Government the importance of ensuring that all allegations of serious international crimes were investigated, irrespective of the affiliation or location of the alleged perpetrator. Australia called on the Government to take immediate steps, including among militias, to promote respect for the rule of law.

United States said it shared the Commission’s concern about ongoing human rights violations and that certain communities, such as the Tawergha and sub-Saharan Africans, had been targeted. The Libyan authorities should consider the Commission’s recommendation that certain individuals be excluded from security and judicial institutions and urged the Government to identify a single domestic entity in charge of coordinating implementation of the Commission’s recommendations.

Russian Federation said that the report was unbalanced in its section on the North Atlantic Treaty Organization campaign. Serious human rights violations had been committed during this campaign. This was partly due to the large scope in the mandate provided in the relevant Security Council resolution. The mandate to protect the civilian population had been a pretext to overthrow the Government. The Russian Federation could not see value in the further work of the Commission, but there was still a need to investigate human rights violations committed in Libya.

Concluding Remarks

PHILIPPE KIRSCH, Chairperson of the Commission of Inquiry to investigate all alleged violations of international human rights law in Libya, in his closing remarks welcomed the commitment of Libya to hold perpetrators of crimes and violations responsible and that it would oppose discrimination on any ground. In order to support the Libyan Government, the first thing that needed to happen was to take a good look at all the recommendations that the Government received from the international community, Commission of Inquiry, Human Rights Council and others. The Commission’s recommendations included those that Libya could implement by itself; for others external support would be needed, for example in construction of the judicial system. Once the Government decided where it wanted the support, a dialogue should take place to include the whole United Nations system. It was clear that the first interlocutor for Libya on all questions related to accountability was the Human Rights Council. That was why the Commission recommended that the Council addressed this issue in a more substantive and sustained manner than through a Commission. On the issue of priorities, Mr. Kirsch said that the restoration of a judicial system was a pre-requisite for the implementation of a number of other recommendations aimed at the Government. Everything concerning detainees was another priority, as was putting a stop to further attacks. Finally, on the question of Sudanese mercenaries, Mr. Kirsch said that the Commission had not found evidence of mercenaries, but it learned from witnesses of foreign fighters hired by the Qadhafi regime, which was a different matter.

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For use of the information media; not an official record