Human Rights Council discusses situation of human rights in the Democratic Republic of the Congo and in Libya

MIDDAY

29 September 2015

The Human Rights Council at its noon meeting heard the presentation of a report and a study on the situation of human rights in the Democratic Republic of the Congo, followed by an interactive dialogue, and the presentation of the oral update of the High Commissioner on the mission to investigate violations and abuses of international human rights law committed in Libya since 2014, followed by an interactive dialogue. Both discussions were held under the Council’s agenda item on technical assistance and capacity building.

Flavia Pansieri, Deputy High Commissioner for Human Rights, presenting the report and the study, said that in June, July and August 2015, the United Nations Joint Human Rights Office had documented over 1,000 human rights violations in the Democratic Republic of the Congo, causing nearly 2,500 victims, mostly in the east of the country, and a sharp increase in violations by the Forces démocratiques de libération du Rwanda. She was deeply concerned about restrictions of political rights that could impact the credibility of the forthcoming elections, and about detention conditions. She invited Member States and other actors to better coordinate and strengthen technical assistance to the Democratic Republic of the Congo.

Speaking as the concerned country, the Democratic Republic of the Congo reiterated its will to promote and protect human rights in all circumstances and throughout all of its territory. To that end, the Government remained committed to cooperate with the Office of the High Commissioner for Human Rights. It welcomed that the report referred to progress achieved in the field of human rights, but regretted the inclusion of some negative aspects that had not been clearly documented. The authorities were committed to ensure accountability, and no-one enjoyed impunity for power abuses.

In the ensuing discussion, speakers welcomed progress achieved by the Democratic Republic of the Congo in the field of human rights, including the creation of an Ombudsman and a unit for human rights defenders, the adoption of an action plan to combat sexual violence by armed forces, and the adoption of a law on the prosecution of genocide and crimes against humanity. Speakers remained concerned however at remaining challenges, including restrictions on the right to freedom of expression and association and the arbitrary detention of peaceful protestors. They called on the Democratic Republic of the Congo to further its cooperation with the Office of the High Commissioner, and on the international community to continue providing technical assistance to the country.

Speaking were: Algeria on behalf of the African Group, European Union, New Zealand, United States, France, Botswana, Australia, Switzerland, United Kingdom, Algeria, Angola, China, Belgium, Morocco, Mozambique, Ireland, Gabon, Togo, Egypt, Senegal, Spain and Sudan.

Also speaking were: International Federation of Human Rights Leagues, World Organization against Torture, International Catholic Child Bureau, Franciscans International, Women’s International League for Peace and Freedom, and Amnesty International.

The Human Rights Council then heard oral updates by Ivan Šimonović, Assistant Secretary-General for Human Rights, and by Claudio Cordoni, Director of the Human Rights, Transitional Justice and Rule of Law Division at the United Nations Support Mission in Libya, on the human rights situation in Libya.

Mr. Šimonović said it was apparent that the environment remained hostile for many persons wishing to speak out about violations and abuses, and that the breadth and depth of the violations and abuses were staggering. Some 430,000 people had been internally displaced, and refugees, migrants and asylum seekers were increasingly vulnerable to abuses and were fleeing at great risk. Amidst that climate of impunity, groups pleading allegiance to the so-called Islamic State in Iraq and Levant had gained territory and summarily executed Libyans on account of their opinion, and foreign nationals on account of their opinion and religion.

Mr. Cordoni said that the Mission was redoubling its efforts to encourage the Libyan parties to endorse without delay the full text of the Political Agreement put to them for final consideration. The Agreement set out transitional institutional arrangements, centred on a Government of National Accord, where decisions would require the consensus of the Prime Minister and two deputies.

Libya, speaking as the concerned country, stated that the Libyan people were in an extremely difficult situation, due to violent crimes committed by armed groups against the civilian population and infrastructure. Hundreds of thousands of people had been affected by the violence and daily confrontations with terrorism were taking place in Benghazi. It had thus become urgent for the international community to take responsibility for what had been happening in Libya. Wrong calculations and support for certain factions in the country had led to immense destruction and increased terrorist activity. Improving the human rights situation, the rule of law and humanitarian assistance could not be achieved unless Libya received international aid and technical assistance.

In the ensuing discussion, speakers appealed to the international community to assist Libya in taking up its humanitarian and security challenges, including combatting ISIL and other extremist groups, and strengthening institutions, border security and the fight against organized criminal groups involved in trafficking of migrants and medicines. Those responsible for violence and those who obstructed or undermined Libya’s democratic transition had to face consequences for their actions. In order to ensure accountability and put an end to impunity, it was necessary to strengthen domestic and international mechanisms, including the International Criminal Court, speakers noted.

Speaking were: Algeria on behalf of the African Group, European Union, Turkey, Norway, Malta, United Arab Emirates, France, Portugal, Germany, Estonia, Netherlands, United States, United Kingdom, Spain, Australia, China, Algeria, Czech Republic, Russian Federation, Angola, Italy, Kuwait, Yemen, Senegal, Egypt, and Ghana.

Also speaking were: United Nations Children’s Fund, Cairo Institute for Human Rights Studies, Human Rights Watch, Arab Commission for Human Rights, Amnesty International, and Women’s International League for Peace and Freedom.

At 4 p.m., the Human Rights Council will hold interactive dialogues with the Special Rapporteurs on technical assistance and capacity building to Cambodia and to Sudan in the field of human rights.

Documentation

The Council has before it a report on the situation of human rights in the Democratic Republic of the Congo - Report of the United Nations High Commissioner for Human Rights (A/HRC/30/32)

The Council has before it a corrigendum to the situation of human rights in the Democratic Republic of the Congo - Report of the United Nations High Commissioner for Human Rights (A/HRC/30/32/Corr.1)

The Council has before it a study on the impact of technical assistance and capacity-
building on the situation of human rights in the Democratic Republic of the Congo - Report of the United Nations High Commissioner for Human Rights (A/HRC/30/33)

Presentation of Report and Study on the Situation of Human Rights in the Democratic Republic of the Congo

FLAVIA PANSIERI, Deputy High Commissioner for Human Rights, introducing a report and a study on the Democratic Republic of the Congo, said that the Democratic Republic of the Congo remained torn by conflicts on many levels, which were intertwined, complex, and spurred by the country’s richness in natural resources. The Democratic Republic of the Congo had experienced some of the bloodiest conflicts since the Second World War, spanning over several decades of violence.

Only in June, July and August 2015, the United Nations Joint Human Rights Office had documented over 1,000 human rights violations throughout the Democratic Republic of the Congo, causing nearly 2,500 victims, mostly in the eastern provinces of North Kivu, South Kivu and Orientale. In the conflict-stricken provinces in the east, violations of human rights and international humanitarian law committed by parties to the conflict against civilians, including for their real or perceived collaboration with security forces or armed groups, remained all too frequent. There had been a sharp increase in the number of violations committed by the Forces démocratiques de libération du Rwanda (FDLR) combatants in comparison to the previous six months. On a more positive note, in August, a new law on modalities of application of women rights and of parity had been promulgated, constituting an important step towards ensuring equality in multiple arenas.

With elections coming up, the Office of the High Commissioner for Human Rights was deeply concerned about increased reports of restrictions of political rights and fundamental freedoms that could impact the credibility and the legitimacy of the elections. The National Assembly’s adoption in June of the bill on public demonstrations was welcome in that regard. Slow progress had been registered in the judicial proceedings against several human rights defenders and political activists, at least five of whom remained in preventive detention. Those cases were a test of the independence of the judiciary, and the judicial authorities were called upon to uphold due process in all the proceedings. Detention conditions continued to be a huge concern in the country. Ms. Pansieri said that the trial of former FARDC General Bosco Ntaganda had opened before the International Criminal Court, demonstrating that perpetrators of serious crimes would not go unpunished. The High Military Court had rendered its decision in the proceedings of the presumed murderers of the renowned human rights defender Floribert Chebeya and his driver, convicting one suspect to 15 years in prison. Steps taken to operationalize the National Human Rights Commission were welcomed.

The study on the impact of technical assistance between 2008 and 2014 in the area of human rights invited Member States and other actors to better coordinate and strengthen their technical assistance to the Democratic Republic of the Congo, in order to increase the capacity of both rights-holders and duty-bearers in the country. Such assistance could have real impact: in 2008, security and defence forces had been involved in 86 per cent of human rights violations, while that percentage in 2014 stood at 53 per cent. It was an example of a difference that could be made in people’s lives.

Statement by the Concerned Country

Democratic Republic of the Congo, speaking as the concerned country, reiterated its will to promote and protect human rights in all circumstances and throughout all of its territory. To that end, the Government remained committed to cooperate with the Office of the High Commissioner for Human Rights. It welcomed that the report referred to progress achieved in the field of human rights, but regretted the inclusion of some negative aspects that had not been clearly documented. The authorities were committed to ensure accountability, and no-one enjoyed impunity for power abuses. The report of the High Commissioner provided timid information of the Government’s efforts in this regard. Such a biased approach was counter-productive. The report on technical assistance and capacity building seemed to reflect more the reality in the country, by highlighting domestic initiatives in the field of human rights, including the adoption of an organic law relating to jurisdiction for crimes of genocide and crimes against humanity and the creation of a hotline for human rights defenders. The support of the international community was mainly short-term assistance concentrated in the eastern part of the country. This sometimes went counter to the State’s commitment to promote and protect human rights throughout all the territory.

Interactive Dialogue on the Situation of Human Rights in the Democratic Republic of the Congo

Algeria, speaking on behalf of the African Group, welcomed the progress achieved on the institutional plan, including the establishment of the Constitutional Court, the National Human Rights Commission, and the body for the protection of human rights defenders. The Democratic Republic of the Congo should continue to address sexual violence and dedicate funds for such activities. European Union congratulated the progress made in combatting impunity in the armed forces and, in the light of the upcoming elections, urged the Government to ensure that journalists and activists were able to express their opinions without fear of intimidation and reprisals. New Zealand had serious concerns about the ongoing conflict in the east of the country and the human rights violations committed, including by the national security forces, and stressed the importance of a strong commitment by the Government to address the conflict-connected sexual violence. United States recognized the efforts to improve the human rights situation, in particular eliminating child soldiers from the military, and expressed concern about curtailing of the freedom of expression and the restrictions on civil society, as well as abuses and violations committed by the military and numerous armed groups. What immediate next steps should the Government take to ensure that the elections were free, fair and participatory?

France said that the efforts by the Congolese authorities on the promotion and protection of human rights ought to be further supported. The National Human Rights Commission should be made fully operational as soon as possible. Combatting impunity was an essential deterrence tool. Botswana was deeply concerned about the continuing conflict in the country, particularly in the eastern regions. The strengthening of institutional mechanisms would go a long way in addressing human rights violations in the Democratic Republic of the Congo. Australia was gravely concerned about the violations of human rights, including by the security forces, and the widespread sexual violence. Australia urged the Democratic Republic of the Congo to take all necessary measures to prevent the recruitment of child soldiers and to ensure that perpetrators were brought to justice. Switzerland was worried about the sentencing of some persons to several years in prison for exercising their freedom of assembly. How could better protection be provided for human rights defenders in the country? How could the Commission be made operational as soon as possible?

United Kingdom called on the Democratic Republic of the Congo to strengthen its cooperation with the United Nations, and was concerned at the Congolese response to the civil unrest in January and subsequent political activity. The right to peaceful demonstration and assembly had to be upheld at all times, and the detention of protestors and activists for long periods and without charge was unacceptable. Algeria welcomed progress achieved by the Democratic Republic of the Congo in the area of human rights, including the action plan to combat sexual violence, the creation of a unit for human rights defenders and the adoption of a law on genocide and crimes against humanity. It encouraged the Democratic Republic of the Congo to further strengthen its legal framework and its cooperation with the United Nations in the field of human rights. Angola welcomed progress achieved by the Democratic Republic of the Congo in implementing the recommendations by the United Nations human rights mechanisms, and particularly in the implementation of the action plan to combat sexual violence and impunity. It urged the international community to spare no efforts to support the Democratic Republic of the Congo’s efforts to provide redress to the victims of sexual violence. China welcomed the steps taken by the Democratic Republic of the Congo in the field of human rights, and appreciated the support provided by the Office of the High Commissioner. The Democratic Republic of the Congo was at a critical stage for stabilizing its economy and development, and the international community should continue supporting these efforts through technical assistance.

Belgium said that the quality and credibility of the upcoming elections would be judged in view of human rights and fundamental freedoms, and expressed concern that many human rights violations were not investigated. Lack of transparency and delays in the proceedings gave the impression that the Government did not wish to establish responsibilities. Morocco welcomed the establishment of the National Human Rights Commission and said that it should work closely with national human rights institutions of the African continent to address the major challenges that awaited it. Mozambique noted the adoption of the Action Plan of the Armed Forces on fighting sexual violence and against impunity, which had led to trials of the soldiers accused of having committed serious crimes. As the commission of sexual violence had been a longstanding concern, those trials testified to the resolve to end impunity and improve the enjoyment of human rights. Ireland commended the efforts of the Government to address the human rights situation and the positive measures in combatting sexual violence. Ireland fully supported the valuable work of the Joint Human Rights Office and urged the Government to investigate all acts of intimidations and threats against United Nations human rights staff, journalists, civil society activists and human rights defenders.

Gabon welcomed the significant progress made by the Democratic Republic of the Congo in promoting and protecting human rights, particularly when it came to combatting impunity. Gabon also welcomed criminal penalties for all members of the security forces who had violated human rights. Togo commended the efforts made by the authorities in complying with international commitments on human rights. Togo noted with particular interest progress made in combatting impunity, but was concerned that serious efforts still remained to be made in ensuring that the Armed Forces respected human rights. Egypt welcomed the measures taken by the Congolese Government to combat impunity. Capacity building in human rights for the Armed Forces and security services was of great importance. International technical assistance had been vital in establishing institutions. Senegal welcomed the constant efforts made by the Congolese Government to protect and promote human rights despite multiple constraints. The path ahead was still long and difficult, and more efforts were needed to ensure proper training of the security forces, and to guarantee freedom of assembly and expression, inter alia.

Spain welcomed that progress had been made, including the implementation of the plan of action for the armed forces. Spain was however concerned about the continuing use of rape as an arm of war and the lack of accountability for perpetrators. It urged the Government to ensure respect of the rights to freedom of expression and of the press. Spain commended the work by the Office of the High Commissioner to investigate murders allegedly committed by the armed forces. Sudan welcomed the adoption of a plan for the armed forces to combat sexual violence, recommended that the Democratic Republic of the Congo strengthen its legislative framework in the field of human rights, and called for international technical assistance to the country.

International Federation of Human Rights Leagues was concerned about restrictions of human rights and the instrumentalization of justice. Human rights defenders, journalists and opponents criticizing the attempts to maintain President Kabila in power after two mandates faced harassment, intimidation, arbitrary detention and violence. Authorities were urged to immediately release all persons detained solely for peacefully exercising their rights to freedom of expression and association, including Christopher Ngoyi Mutamba, Fred Bahuma, Yves Makwambala, Jean-Claude Muyambo and Vano Kiboko. World Organization against Torture was concerned about the persistence of human rights violations in the pre-electoral context, including in relation to detention conditions that did not comply with human rights standards. Prison overcrowding led to further violations of the rights of detainees. Alternative measures to imprisonment had to be implemented. This topic was regrettably ignored by the international community.

International Catholic Child Bureau, in a joint statement with, Company of the Daughters of Charity of St. Vincent de Paul; and Congregation of Our Lady of Charity of the Good Shepherd, said that technical assistance had an important role to play in building coordination between different parts of the judiciary, particularly in terms of juvenile offenders, and to assist the work of the mediation committees and carry out investigations into cases of children in pre-trial detention. Franciscans International said that the draft Mining Code was not placed before the Parliament because of the lobby of the influential mining industry. The Council should adopt a resolution dealing with illegal trade in natural and mineral resources as the basis of the conflict in the Democratic Republic of the Congo. Gender inequality, proliferation of small arms, and violence against women were all elements that were conducive to high rates of sexual violence, said Women’s International League for Peace and Freedom, which called for the recognition of survivors of sexual violence as survivors of other forms of torture. Amnesty International was concerned about persistent impunity for crimes under international law, which paved the way for ongoing violations and abuses against civilians by armed groups and by the Congolese army. Impunity was among the main factors contributing to the mushrooming of armed groups and persistent serious crimes against civilians in the eastern Democratic Republic of the Congo.

Concluding Remarks

FLAVIA PANSIERI, Deputy High Commissioner for Human Rights, said that the international community would continue to pay attention to and support the Democratic Republic of the Congo. The fact that the Minister of Justice had favourably accepted recommendations in the High Commissioner’s report was important. The Office of the High Commissioner for Human Rights and MONUSCO were there to support the Government in its efforts, which would be easier if all sides shared the same spirit. Since January 2015, the Human Rights Office in the Democratic Republic of the Congo had a new chief. A number of trials had led to convictions, and a number of officials of the armed and security forces were now serving sentences. Addressing impunity for serious, grave violations of the past was important for building a democratic society. In that respect, the Office of the High Commissioner for Human Rights remained engaged, providing support to various national institutions, whose mandate was to promote and protect human rights. While working in partnerships, it was important to maintain an open, honest dialogue. The Office of the High Commissioner for Human Rights regularly shared any information it had on human rights violations, so that national institutions could process it. The upcoming months would be very important, as every electoral period was subject to volatility. The Office of the High Commissioner for Human Rights remained concerned by the trend towards reducing democratic space and the growing number of violations that were being recorded. The authorities were called upon to maintain an open political space in the run-up to the 2016 elections. The international community, beyond the Office of the High Commissioner for Human Rights and MONUSCO, continued to provide support and assistance to the Democratic Republic of the Congo. Duplication should be avoided and maximum impact ensured. Supporting human rights defenders was important, before and after the elections. Regrettably, no date had yet been fixed for the investigation of the mass grave in Maluku. The Office of the High Commissioner for Human Rights remained committed to providing support to the Democratic Republic of the Congo.

Presentation of Oral Update of the High Commissioner on the Mission to Investigate Violations and Abuses of International Human Rights Law Committed in Libya since 2014

IVAN ŠIMONOVIĆ, Assistant Secretary-General for Human Rights, provided an update on the human rights situation in Libya. He said that the human rights division of the United Nations Support Mission in Libya (UNSMIL) had documented violations of international human rights and humanitarian law. It was apparent that the environment remained hostile for many persons wishing to speak out about violations and abuses, and the team was taking appropriate measures to protect victims and witnesses. It was clear that the breadth and depth of the violations and abuses was staggering. They included attacks on civilians in densely populated areas, reprisals in the form of destruction of homes, the shelling of hospitals, unlawful killings, arbitrary deprivation of liberty, and torture and other ill treatment. Some 430,000 people had been internally displaced. UNSMIL had documented cases of abductions of internally displaced persons, apparently taken on the basis of their origin. Human rights defenders and media professionals had been abducted and attacked by armed groups, further curtailing the rights to physical integrity, and freedom of expression and association. Refugees, migrants and asylum seekers were increasingly vulnerable to abuses and were fleeing at great risk. UNSMIL reported that migrants were being subjected to widespread and prolonged detention, attacks and unlawful killings, ill treatment such as chronic overcrowding, poor sanitation and health care, and insufficient food. Amidst that climate of impunity, groups pleading allegiance to the so-called Islamic State in Iraq and Levant had gained territory and summarily executed Libyans on account of their opinion, and foreign nationals on account of their opinion and religion.

There was no effective mechanism in Libya which could provide for the protection of civilians, or which could ensure the right to remedy for victims. Staff of the national human rights institution had been subjected to intimidation. Attacks against prosecutors, law enforcement officials and the judiciary continued unimpeded. Libyans had the right to seek redress for the violations and abuses committed today and during the Gadhafi regime, and to see justice done. That required that the accused be tried fairly. Other accountability mechanisms were also facing challenges. In May 2015 the Prosecutor of the International Criminal Court reported to the Security Council that her office had continued to monitor allegations of crimes committed by militias and armed groups in Libya, noting that the scope of investigations was limited by instability in Libya and lack of resources. Libya had so far yet to comply with the Court’s request for the surrender of Saif al-Islam Gadhafi, and the High Commissioner continued to urge Libyan authorities to cooperate with the Court. The implementation of the Political Agreement in Libya would be highly challenging and would require support in institution-building, including to establish proper law enforcement and judicial functions, and contribute to ensuring accountability and the rule of law, Mr. Šimonović concluded.

CLAUDIO CORDONI, Director of the Human Rights, Transitional Justice and Rule of Law Division, United Nations Support Mission in Libya, said that the United Nations Support Mission in Libya was redoubling its efforts to encourage the Libyan parties to endorse without delay the full text of the Political Agreement put to them for final consideration. The Agreement set out transitional institutional arrangements, centred on a Government of National Accord, where decisions would require the consensus of the Prime Minister and two deputies. The legislative functions would be performed by the House of Representatives elected in June 2014, and a newly established consultative State Council would work closely with the House on legislative and other mattes. These institutions were to govern Libya pending the adoption of a new Constitution. The Agreement also included important human rights provisions, such as the respect by the parties of Libya’s treaty obligations and relevant Security Council resolutions, the commitment to end impunity and to prosecute murder, torture and other crimes under international law, and the commitment to reject the incitement to hatred and to combat terrorism while adhering to the highest international human rights standards. The Agreement included a number of specific provisions dealing with detainees, missing persons and internally displaced persons.

The process of transitional justice was to resume in line with Libyan law and international standards, and the Board of the Fact Finding and Reconciliation Commission should be appointed within 90 days of the entry into force of the Agreement. There would be no prosecution of any individuals solely for fighting adversaries during the conflict, but this guarantee did not apply to anyone who might have committed war crimes, crimes against humanity or other crimes under international law. In terms of the progress achieved on the return of the 40,000 persons displaced from the town of Tawergha which had been attacked by armed groups from Misrata, Mr. Cordoni said that representatives of both parties had agreed to a series of confidence-building measures, including the setting up of a Joint Committee to develop the roadmap towards the returns. The first meeting of this Committee had taken place in Tunis from 9 to 11 September, in which the issue of victims and reparations had been prioritized. Further, prison visits had taken place, a number of Tawerghan detainees had been released from detention centres in Misrata, and civil record held in Misrata had been recently handed over to the Tawerghan community. It was hoped that other communities would follow this example and work towards addressing the legacy of abuses and displacement across Libya.

Statement by the Concerned Country

Libya, speaking as the concerned country, stated that the Libyan people were in an extremely difficult situation, due to violent crimes committed by armed groups against the civilian population and infrastructure. Hundreds of thousands of people had been affected by the violence and daily confrontation with terrorism was taking place in Benghazi. Human rights activists had to condemn the support given to ISIL in Benghazi, which kidnapped journalists and human rights defenders. Human traffickers and smugglers were also operating in the country. It had thus become urgent for the international community to take responsibility for what had been happening in Libya. Wrong calculations and support for certain factions in the country had led to immense destruction and increased terrorist activity. Improving the human rights situation, the rule of law and humanitarian assistance could not be achieved unless Libya received international aid and technical assistance. At the same time, Libyan authorities aimed to improve the human rights situation in the country through active participation in the second cycle of the Universal Periodic Review.

Interactive Dialogue on the Oral Update of the High Commissioner on Libya

Algeria, speaking on behalf of the African Group, appealed to the international community to assist Libya in taking up its humanitarian and security challenges, including combatting Daesh and other extremist groups, and strengthening institutions, border security and the fight against organized criminal groups involved in trafficking of migrants and medicines. European Union said that those responsible for violence and those who obstructed or undermined Libya’s democratic transition must face consequences for their actions, and stressed the need to strengthen domestic and international accountability mechanisms to investigate those crimes. The European Union reiterated its support for the International Criminal Court to end impunity and called for cooperation from all relevant actors in Libya. Turkey said that the initialling of the Libyan Political Agreement in July 2015 was a great achievement and said that at this critical junction, this Agreement should be concluded without further delay, as reconciliation would be possible only as the result of a Libyan-led and Libyan-owned inclusive dialogue. Norway urged the opposing camps in Libya to end fighting and support the text proposed by the United Nations Special Representative, and was concerned that politically motivated killings of security officers, judges, activists and journalists had not been investigated and had gone unpunished. The migration crisis and the use of Libya as a transit country only compounded the challenges faced by the Government.

Sovereign Military Order of Malta deplored the ongoing violence and requested the cessation of all hostilities in the country. Those acts constituted a threat not only to the stability of Libya but also to the stability of the region and the European Union. The international community had to sustain its endeavours to continue to be proactive with Libya and its authorities. United Arab Emirates stated that Libya had started an ambitious programme with the Office of the High Commissioner in order to establish credible institutions of law. It expressed deep concern over the escalation of the political crisis and the spread of terrorism, calling upon the international community to increase its efforts to face violent extremism and to stand by the Libyan people. France expressed hope that the Commission of Inquiry would be able to establish facts and circumstances in order to bring about accountability. The international community should fully support the Libyan people in their efforts to establish a democratic country. Portugal remained gravely concerned by the loss of life caused by the conflict in Libya. To ensure accountability and put an end to impunity, it was urgent to strengthen domestic and international mechanisms, including the International Criminal Court.

Germany remained concerned about the situation in detention facilities, and called on all armed groups to hand over the prisons they controlled to the Libyan State. It called on the Libyan authorities to protect the rights of migrants and refugees, including providing them with humanitarian relief, preventing any form of ill-treatment against them and granting detained migrants access to legal support. Estonia encouraged the parties to reach an agreement on the creation of a Government of National Accord, and remained concerned at continuing violence resulting in civilian deaths and mass displacement. It called on all parties to respond to the demands of the Libyan people and cease hostilities, and protect civilians, particularly vulnerable groups, including children, women and displaced persons.

United Nations Children’s Fund said Libya ran the risk of losing an entire generation of children. Children in Libya were in a dire situation, and their access to health services and education had been greatly impeded. They had an increased risk of facing sexual and gender-based violence. A significant number of children were among the displaced, and many were unaccompanied. Netherlands stressed its concerns about indiscriminate violence and the rise of armed groups leading to human rights violations. It fully supported efforts to agree on a Government of National Accord. It expressed concerns about the death sentences delivered against former Gadhafi regime officials, and stressed its opposition to the death penalty in all circumstances. It emphasized the need for justice and accountability for those responsible for war crimes.

United States was concerned that the lack of security and accountability for perpetrators of politically motivated violence against human rights defenders, journalists and would-be government officials had left a vacuum of strong voices that needed to challenge impunity and ensure an inclusive democratic future in Libya. United Kingdom called on all sides to immediately stop arbitrary detention, abductions, torture, and extra-judicial executions. While the political crisis and conflict continued, the threat from terrorism had grown and the instability had also allowed criminal gangs to profit from the migration crisis in the Mediterranean. Spain said that the Libyan political crisis could only have a political solution and the increase in the number of internally displaced persons had additionally increased the existing humanitarian needs. In order to fight impunity, national institutions must be strengthened, in particular the judiciary and the National Council for Civil Liberties and Human Rights. Australia was gravely concerned about the deteriorating security situation in Libya and the impact it had on its people and neighbours, and stressed that prospects at peace and stability would not be realized while the human rights situation remained serious.

China stated that any settlement of the Libyan crisis had to respect the will and choice of the Libyan people. Libyan sovereignty and territorial integrity had to be preserved. The fundamental solution lay in political dialogue, greater good will and flexibility. Finally, any settlement had to address both symptoms and causes of the crisis. Algeria stated that Libya had been going through a very difficult period, marked by the expansion of violence and terrorism that impeded the consolidation of democratic institutions and national reconciliation. The Libyan crisis was an internal matter that required a solution by Libyans themselves. Czech Republic called on the Government of Libya to increase its efforts to end impunity and to continue its cooperation with the International Criminal Court. It underscored the importance of full and equal participation in the United Nations political dialogue by all parts of Libyan society. Russian Federation underscored that the promises made by some Western countries for improved human rights in Libya had not materialized. Thousands of migrants risked their lives in an attempt to reach Europe, and Libya was turning into a magnet for terrorists. Terrorism intermingled with organized crime was the result of yet another adventurous attempt to replace the regime.

Angola noted the challenges that Libya currently faced, and encouraged it to strengthen efforts to combat extremism and terrorism by armed groups. A return to peace, stability and security was essential to create an environment in which human rights could be protected. Italy appealed to all parties to work towards the creation of a unity government, which would be crucial to improve the human rights situation in Libya. Italy reiterated its full support to the United Nations Support Mission in Libya. Kuwait was deeply concerned at acts of violence by armed groups and supported the political process under the Secretary-General. It called on the international community to continue supporting Libya’s efforts in the field of human rights and despite current challenges. Yemen reiterated the need for Libya to cooperate with the international community to address the challenges it faced and restore the rule of law, national security and address migration.

Senegal said that the prevailing situation in Libya, the country with the largest oil reserves in the African continent, remained precarious and worrying, while in the absence of a sovereign power, the territory had become a haven for several armed groups and international terrorist networks. Egypt commended the efforts to reach a political settlement, and peace and prosperity in Libya, and stressed that human rights could only be guaranteed through strengthening national institutions. The international community should assist in this process to enable the country to face all its challenges. Ghana said that any United Nations led process for peace in Libya should take into account the contributions by the African Union and the Arab League. Ghana supported the call to bring the perpetrators of crimes before the International Criminal Court, as a way to deal with impunity and avoid repetition of war crimes and crimes against humanity.

Cairo Institute for Human Rights Studies stressed the crucial importance of ending impunity for serious violations and of strengthening security institutions in Libya in order to address the instability and conflict, and end the cycle of violence. Human Rights Watch stated that human rights conditions in Libya had regressed sharply, with armed groups attacking civilians and civilian property. The Libyan authorities had failed to investigate or prosecute those responsible for these grave violations. Libya’s institutions, particularly its judiciary, were in a state of near collapse and many courts had suspended their activities due to the targeting of judges and prosecutors. Arab Commission for Human Rights expressed concern over the activities of armed groups in Libya and the recruitment of combatants, which represented a threat for the neighbouring countries, in particular Tunisia. It urged the international community to support the national dialogue and outcome for the discussions held in Morocco in July 2015. Amnesty International noted that violations and abuses were perpetrated by all parties in Libya, regardless of whether they were affiliated with the self-proclaimed government in Tripoli, the internationally recognized government in Tobruk, or those pursuing their own agenda, such as the Islamic State. The Libyan criminal justice system was unable to carry out meaningful investigations. Accordingly, the Council should call on the International Criminal Court to undertake those investigations. Women’s International League for Peace and Freedom called for reforms of the justice sector in Libya, and the engagement and protection of civil society in the peace process. It called for the investigation and prosecution of cases of assassination of human rights defenders, and emphasised full support to efforts by the Special Representative of the Secretary-General to promote dialogue and negotiations among parties, and supported the investigation efforts by the United Nations.

Concluding Remarks

IVAN ŠIMONOVIĆ, Assistant Secretary-General for Human Rights, in concluding remarks, said the participation of women in the peace process was important, and noted that Libya was a State party to the Convention on the Elimination of All Forms of Discrimination against Women. To use the full potential of this international instrument would require international capacity building and assistance. The investigative team consisted of nine persons, including five women. The Council had given a mandate to the United Nations in Libya to undertake investigations and fact-finding missions with a view to promote accountability. Human rights defenders were both partners and objects of the protection of the United Nations. The situation of the blocked Russian crew was being monitored by the United Nations.

CLAUDIO CORDONI, Director of the Human Rights, Transitional Justice and Rule of Law Division, United Nations Support Mission in Libya, thanked all those countries which supported the peace process in Libya, and said that there was no alternative to a political compromise and political solution. Unfortunately, there were still parties which thought they could achieve a military victory, with external support. It was important to continue with the United Nations mediation efforts because there was no alternative to a political solution. Within the Political Agreement, the importance of accountability was crucial, both in dealing with past crimes and in terms of preventing future crimes. As soon as it became feasible, the United Nations Mission and the Office of the High Commissioner for Human Rights would support the rebuilding of the Libyan judicial system which was in a dire situation at the moment. The participation of women was an issue raised by several speakers, and the Political Agreement stated that the Government of National Accord would give due consideration to equal representation of women and youth. The United Nations Support Mission in Libya ensured participation of women and members of civil society in the process of shaping the future of Libya. Four of the six staff of the Monitoring Unit of the Human Rights Division were women, some of whom had direct experience in sexual violence and violence against women.

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