S/PV.6728 Security Council

I thank Mr. Martin for his briefing. I now give the floor to Ambassador José Filipe Moraes Cabral.

In accordance with paragraph 24(e) of Security Council resolution 1970 (2011), of 26 February 2011, I have the honour to report to the Security Council on the work of the Committee established by the same resolution. The report covers the period from 23 December 2011 to 29 February 2012. I would like to begin by noting that two important documents are before the Committee. The first is a working document put together by the Panel of Experts and reflecting the contributions of the Panel, the Counter-Terrorism Executive Directorate, the International Civil Aviation Organization, the United Nations Support Mission in Libya, the Office for Disarmament Affairs, the Organization for the Prohibition of Chemical Weapons and the International Atomic Energy Agency, on the threats and challenges of arms proliferation from Libya to the region. The second is a final report by the Panel on its monitoring of the implementation of the relevant measures, including the arms embargo, the travel ban and the asset freeze. The working document is currently under the consideration and review of the Committee and will form the basis for the Committee’s report to the Council pursuant to paragraph 5 of resolution 2017 (2011). The Panel’s final report, which was submitted to the Council on 18 February pursuant to paragraph 24 (d) of resolution 1973 (2011), will be discussed during the Committee’s next informal consultations on 5 March. During the reporting period the Committee met once in informal consultations, on 9 February. Members of the Committee received from the Chair an unofficial compilation of the arms embargo and asset freeze notifications and exemption requests that had by that time been processed in the Committee. As of 9 February, the Committee had processed a total of 31 notifications or exemption requests concerning the arms embargo and a total of 151 notifications or exemption requests concerning the asset freeze. Since my last periodic report (see S/PV.6698), in connection with the arms embargo, the Committee has approved one request for an exception to that measure under paragraph 9 (a) of resolution 1970 (2011). The Committee has also expressed no objection to a second request that invoked paragraph 9 (c) of the resolution. Furthermore, no negative decision was taken by the Committee in relation to 10 notifications under paragraph 13 of resolution 2009 (2011), which allows a supply of arms and related materiel of all types intended solely for security or disarmament assistance to the Libyan authorities. With respect to the asset freeze, no negative decision was taken by the Committee in relation to one notification under the basic expenses provision set out in paragraph 19 (a) of resolution 1970 (2011) and two notifications under paragraph 16 of resolution 2009 (2011). Members of the Council will recall that the latter paragraph provides for the unfreezing of funds for various additional purposes. Moreover, in four cases, the relevant Member State was informed that the entity to which the funds belonged had already been de-listed by the Committee. Therefore, the submission of notifications or exemption requests did not apply in relation to that entity. Also on 9 February, members of the Committee discussed several requests for guidance or assistance received from Member States that related to the status of the subsidiaries of the two remaining listed entities — the Libyan Investment Authority and the Libyan Africa Investment Portfolio. They noted that entities owned or controlled, either wholly or partially, by the Investment Authority or the Investment Portfolio are not subject to the asset freeze measure. At present, in response to the requests for guidance, the Committee is preparing a general notice, to be disseminated to all Member States and posted on the Committee’s website, on the proper application of the asset freeze measure. Furthermore, members of the Committee received an update from the Panel of Experts, via videoconference, on the preparation of the working document that I referred to earlier, that is, concerning threats and challenges of arms proliferation. As I also stated earlier, that document is now under the consideration of the Committee and will be submitted to the Council shortly. The Committee also looks forward to discussing the Panel’s final report under resolution 1973 (2011), and is pleased to note that all countries that the Panel approached for a possible visit have responded positively. Finally, at the request of the relevant Libyan authorities, the Committee amended an entry to its list of individuals and entities designated as subject to the travel ban and/or asset freeze. I would like to conclude by noting that, to date, the Committee has received reports from 55 Member States on their implementation of the relevant measures.

I now give the floor to the representative of Libya.

At the outset, I would like to express my sincere thanks to you, Mr. President, for having convened this meeting as a follow-up to developments in Libya. I would also like to thank Ambassador Moraes Cabral for his work and his response to Libya’s concerns with regard to many issues under the consideration of the Security Council Committee established pursuant to resolution 1970 (2011), which he chairs. Allow me also to thank Mr. Ian Martin for his ongoing continuing efforts to cooperate with us in all fields and for his comprehensive and clear report from Tripoli. In this very Chamber, last February, the Council adopted, first, resolution 1970 (2011) and then resolution 1973 (2011) in order to protect unarmed and innocent Libyan civilians. That effort was crowned with Libya’s freedom in expression of the desire of our people to regain their sovereignty, as well as that of other Arab peoples, from Tunisia and Egypt to Libya and Yemen, where we have seen a transfer of authority, and now to Syria, which is paying with blood in the face of repression. In that country, ugly crimes against humanity and against the Syrian people who, just like the Tunisians, Egyptians and Yemenis, refuse to bow until they achieve their freedom, are being perpetrated. I thank the Council again. Today, there is a new State in Libya. Elections, both individual and by lists, as Mr. Martin said, will take place in June. New elections will take place despite the problems, the proliferation of arms, the bloodshed and the issues that we are uncovering every day. Lists of individuals and a new constitution will be drawn up. The upcoming elections do not seek to establish a Government or a parliament. The elections will lead to the drafting of a constitution for a new and democratic civil State, where there is the rule of law ─ a State of peace and development for the well-being of Libyans. On 21 February 2011, Muammar Al-Qadhafi said that we would hand out weapons and set Libya ablaze. That happened. The vehicles of the Al-Qadhafi regime were in the street, distributing weapons for people to kill each other. Millions and millions of dollars and dinars were handed out and people were turned against each other. However, the awareness, enthusiasm and solidarity of the Libyan people enabled us to overcome very many problems. We again thank the United Nations in the person of Mr. Ian Martin, who is making so many efforts to help us. However, we need more assistance from the international community. Tens of thousands are entering Libya from the southern Sahara every day. Some leaders of the Al-Qadhafi regime are now in various other States — Tunisia, Egypt, Algeria, Chad, Mali and the Niger. We know that some of them are plotting. In the past few days, a number of armed cells have been detained. They were plotting to sabotage and bomb Tripoli. Al-Qadhafi agents are sending funds to Libya for acts of sabotage. I appeal to those States to cooperate with us. I sent to the Council, under the presidency of South Africa, as well as to Mr. Moreno- Ocampo at the International Criminal Court, a flash drive containing recordings of telephone calls during which Mr. Baghdadi Ali Al-Mahmoudi personally gave instructions for such actions. He is now in Tunisia. There are also other people wanted by INTERPOL residing in other States. Those persons must be brought to justice. They are a danger to my country. We are working to convene a meeting among the countries of the Sahel and North Africa to agree a unified strategy to combat terrorism in the Sahara. Libya is the first victim of the absence of the State, and we appeal to the Council to help us with funds. We need our frozen assets to be released. With regard to those funds, we are working towards transparency. We now have a committee for transparency in Libya. We have dozens of free newspapers that are speaking out every day. There are television stations working transparently every day. Transitional justice measures are being adopted, and those bodies have begun working. There has been much talk about detention centres and torture. However, the transitional Government has detained a number of former ministers and senior officials. They have been given every possible provision — health care, visits, et cetera — Al-Qadhafi’s second is among them, and he is able to be in contact with the outside. I have personally met with a number of detainees. They are being cared for. Mr. Abdul-Ati Al-Obeidi, the former Minister for Foreign Affairs, like others, is being visited by his family and others. However, let me say that there are areas where the State has not been able to gain control. There are no police or courts in those areas. We cannot be responsible for all excesses everywhere. We are against such acts and we hold their perpetrators responsible. We need the United Nations to help us to ensure the success of the elections in June, which will serve as the foundation for a democratic and modern Libya based on equality and where the rights of women are protected. The role of women is a major component of proportional representation. We need a “zebra” list of candidates — a list of six alternating male-female candidates — so that we can ensure proper representation for women in Libya, who make up more than 50 per cent of our population. Let me reassure the Council that we are working seriously and actively for a State of democracy and freedom to replace the regime that the Libyan people uprooted at the price of their blood.

There are no further speakers inscribed on my list. I now invite Council members to informal consultations to continue our discussion on the subject. The meeting rose at 11.05 a.m.