S/PV.6566 Security Council

I thank Mr. Pascoe for his briefing. I now give the floor to the representative of South Africa.

At the outset, I would like to thank Mr. Pascoe for providing the Security Council with a comprehensive briefing on the situation in Libya. This meeting is taking place exactly 100 days after the start of the NATO aerial bombardment in Libya. Despite that military action, there has not been a solution to the Libyan crisis. In fact, the situation has deteriorated, with more loss of civilian life and massive destruction of infrastructure. Since the beginning of the Libyan crisis, South Africa has continued to call on the international community, including the Security Council, to focus its energies on finding a political solution, and not a military one. To date, we still maintain that the political, rather than the military, solution is the only way in which durable peace can be achieved in Libya. This is emphasized in paragraph 2 of resolution 1973 (2011), which stresses the need to intensify efforts aimed at a political outcome. It is for that reason that we strongly feel that resolution 1973 (2011) should be implemented in its entirety in letter and spirit. When South Africa voted in favour of resolution 1973 (2011), our intention was to ensure the protection of civilians as well as unhindered access to humanitarian aid for those who desperately needed it. We had hoped that this would have created an enabling environment within which the Libyans would negotiate a solution to the crisis that had befallen them. Our intention was never regime change; nor was it the targeting of individuals. The future of Libya should be decided by the Libyans themselves, and not by outsiders. In an effort to support the political process in Libya, the African Union (AU) has devised a road map that encourages an inclusive and consensual Libyan- owned and -led transition. This will lead to the adoption and implementation of the necessary political reforms to address the causes of the current crisis, including democratic elections to enable the Libyans to freely choose their leaders. The African Union is central to any solution in Libya and will continue its efforts towards finding a political solution to the crisis there. Having said that, we believe that the United Nations should take the lead in peace efforts in Libya in order to coordinate the different initiatives and avoid any confusion that the plethora of initiatives may cause. In that context, we support fully the role that the Secretary-General’s Special Envoy, Mr. Al-Khatib, continues to play in Libya. Yesterday, South Africa hosted a meeting of the AU ad hoc High-Level Committee on Libya in Pretoria to review developments in Libya and the role of the African Union. The Committee reiterated the AU’s deep concern about the continuing fighting between the Libyan warring parties and the NATO-led aerial bombardment. The Committee reiterated the African Union’s conviction that only a political solution would make it possible to sustainably settle the current conflict. In pursuing its objectives to find a political solution to the crisis, the Committee agreed to continue its work with the Government of the Libyan Arab Jamahiriya and the Transitional National Council of Libya based, inter alia, on the following elements. The first is calling on both parties to commit themselves to an immediate suspension of hostilities. Following the suspension of hostilities, and in accordance with paragraph 3 of resolution 1973 (2011) and the African Union road map, the Libyan parties should begin the national dialogue for a comprehensive ceasefire, national reconciliation, transitional arrangements and the agenda for democratic transformation. The national dialogue would be followed by the establishment of an interim Government, with the support of the African Union and the United Nations through the AU ad hoc High-Level Committee and the Special Envoy of the Secretary-General. The Committee further reiterated the African Union’s demand for an immediate pause in the fighting and the NATO-led bombings to provide a respite to the civilian population, alleviate its suffering and make it possible to deliver much-needed humanitarian assistance to all those requiring it. The Committee also welcomed the decision by Colonel Al-Qadhafi not to be part of the negotiations process. We hope that this decision by Colonel Al-Qadhafi will help the Libyan parties to immediately begin a political dialogue in line with the AU road map. The AU Summit, which will take place in Malabo later this week, will further pursue efforts to implement the road map. In conclusion, South Africa calls on the Security Council, the United Nations in general and other stakeholders to work hand in hand with the African Union in our collective resolve to deliver the people of Libya from the scourge of the conflict in which they find themselves.

I now give the floor to Ambassador José Filipe Moraes Cabral of Portugal in his capacity as Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning the Libyan Arab Jamahiriya.

In accordance with paragraph 24 (e) of Security Council resolution 1970 (2011), of 26 February 2011, I have the honour to report to the Council on the work of the Committee established by the same resolution. The report covers the period from 29 March to 27 June 2011. During this period, the Committee convened one informal consultation, on 6 June, to meet with the newly appointed Panel of Experts and hear a briefing by INTERPOL on the value of INTERPOL’s notice system to the Security Council’s sanctions committees. The Panel is currently on mission to several countries in Europe, to be followed by travel to countries in Africa, in order to gather information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in resolutions 1970 (2011) and 1973 (2011). The Committee expects to receive a copy of the Panel’s interim report no later than 10 August. Aside from the informal consultations, the Committee dealt with a number of written communications from Member States, most of which relate to the assets freeze measure. I will not go into detail here regarding each and every communication. In sum, the Committee granted 10 requests for exceptions to the asset freeze, under the basic expenses provision set out in paragraph 19 (a) of resolution 1970 (2011). It acknowledged receipt of one notification under the lien or judgement provision set out in paragraph 19 (c) of the resolution, and it acknowledged receipt of 25 notifications under the prior contracts provision set out in paragraph 21 of the resolution. The Committee has also answered, or is in the process of answering, a total of 15 requests for guidance concerning the scope and implementation of the assets freeze. At this point, I would like to assure those Member States that have yet to receive a response to their request for guidance that the members of the Committee are working diligently to address those requests. In connection with the arms embargo, the Committee approved one request for an exception to that measure, in accordance with paragraph 9 of resolution 1970 (2011), vis-à-vis demining equipment. Moreover, the Committee responded to a request for clarification on the scope of the arms embargo as well as a request for additional information relating to its enforcement on the high seas. In the context of such enforcement, the Committee has thus far received 11 reports of inspection of cargo on board vessels heading towards Libya. In paragraph 19 of resolution 1973 (2011), the Council directed the Committee to designate additional Libyan authorities, individuals or entities as subject to the assets freeze. Most of the specific proposals are still under the Committee’s consideration. However, as of 24 June 2011, the Committee had listed two individuals as subject to the travel ban and assets freeze and one entity as subject to the assets freeze. Finally, in paragraph 25 of resolution 1970 (2011), the Council called upon all Member States to report to the Committee within 120 days of the adoption of the resolution, that is, by 26 June 2011, on the steps they had taken with a view to implementing effectively the arms embargo, the travel ban and the assets freeze. To date, the Committee has received only 30 implementation reports. The Committee dispatched two notes verbales to all Member States reminding them of the deadline for submission, and I would like to take this opportunity to remind them once again.

I thank Ambassador Moraes Cabral for his briefing. I now invite Council members to informal consultations to continue our discussion on the subject.