Address by Ms. Kyung-wha Kang, United Nations Deputy High Commissioner for Human Rights to 16th session of the Human Rights Council - Follow-up to the 15th Special Session of the Human Rights Council, 14 March 2011, Geneva

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,

Pursuant to Human Rights Council Resolution A/HRC/RES/S-15/1 of 25 February 2011, and on behalf of the High Commissioner, I am pleased to provide you today with an oral update on the human rights situation in the Socialist People's Libyan Arab Jamahiriya, as the country continues to be gripped in violent strife.

Since the 15th Special Session of the Human Rights Council on the situation in Libya, the Security Council unanimously adopted Resolution S/RES/1970 (2011), by which it urged Libyan authorities to act with utmost restrain, respect human rights and international humanitarian law, allow immediate access to international human rights monitors, and ensure the safe passage of humanitarian and medical supplies, humanitarian agencies and workers into the country. The Security Council resolution also referred the situation in Libya to the Prosecutor of the International Criminal Court, imposed sanctions against the Libyan authorities, as well as an arms embargo and the freezing of assets of the country’s leaders.

The human rights situation has continued to deteriorate, with reports of intensified fighting and indiscriminate air strikes resulting in numerous civilian injuries and deaths. Forces loyal to Colonel Gaddafi continue to pound opponents and their strongholds with indiscriminate aerial attacks.  I note that the League of Arab States has now appealed to the UN to impose a no-fly zone on Libya.

Despite the international community’s calls humanitarian access to the war-affected areas is still hindered. Last week, we were also informed that the internet and telecommunications networks remained only sporadically available. We urge all parties to the conflict to respect international humanitarian law and human rights law, and in particular to take all possible precautions to spare civilian lives.

Of utmost concern are numerous accounts, received by OHCHR, regarding cases of summary executions, rape, torture and disappearances.  We are also extremely concerned over reports of massive circulation of weapons throughout the Libyan territory, and their potential availability to any actor, including children. The uncontrolled circulation and possible misuse of these weapons in densely populated areas should be given immediate attention.

I also wish to express our dismay over the brutal killing last Saturday of Al Jazeera journalist Ali Hassan Al Jaber who was ambushed near Benghazi. The manner of his killing suggests that he was deliberately targeted. This follows the abduction, last week, of an international news team which was subjected to arbitrary detention and acts which may amount to torture in the hands of the Libyan army and secret police.  Another journalist, Ghaith Abdul Ahad, working with the British newspaper The Guardian remains unaccounted for since 6 March.  We condemn in the strongest terms what appears to be a deliberate campaign targeting Libyan and foreign journalists.  

Violence and harassment of nationals from sub-Saharan African countries and of other foreigners are also widely reported.  The situation of more than 20,000 people fleeing the conflict and now stranded at the Libyan borders is also of grave concern.   By the latest reported tally, in excess of two hundred thousand individuals have escaped to neighboring countries.

Let me take this opportunity to recall that at their 2005 Summit, World leaders recognized the responsibility of individual countries and of the international community to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, including their incitement.  This solemn commitment is enshrined in the World Summit Outcome Document and echoed by the Security Council Resolution 1970.

As the High Commissioner emphasized in her address to the Special Session, when a State is manifestly failing to protect its population from serious international crimes, the international community has the responsibility to step in by taking action in a collective, timely and decisive manner. The government of Colonel Gaddafi is not only manifestly failing to protect the people of Libya, but it has chosen to attack civilians with massive, indiscriminate force.   The responsibility to protect them now falls upon the international community.    We urge the Council and all relevant bodies of the United Nations to take all appropriate measures to stop the violence and bring a peaceful end to the conflict.

Independent and impartial investigations into egregious human rights violations which reportedly were, and continue to be perpetrated against the civilian population in Libya are indispensible vehicles of accountability and necessary stepping stones to the restoration of peaceful coexistence.

Last week, the President of the Human Rights Council announced the composition of the Commission of Inquiry on Libya mandated by the Council in resolution S-15/1.   OHCHR stands ready to support the Commission in all phases of its important work with administrative, technical, logistical assistance so that it may fully accomplish its mandate.

And finally, at the time I am addressing you, Mr. Abdel-Elah Mohamed Al-Khatib, Special Envoy of the Secretary General on Libya, is on his way to Tripoli. A senior official of OHCHR is accompanying him in this mission.

This concludes my update. I wish a fruitful continuation of your discussions.

Thank you.