S/PV.7577 Security Council

In accordance with rule 37 of the Council’s provisional rules of procedure, I invite the representative of Libya to participate in this meeting. In accordance with rule 39 of the Council’s provisional rules of procedure, I invite Mr. Martin Kobler, Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya, to participate in this meeting. On behalf of the Council, I welcome Mr. Kobler, who is joining today’s meeting via video-teleconference from Tunis. The Security Council will now begin its consideration of its item on the agenda. At this meeting, the Security Council will hear briefings by Mr. Martin Kobler, Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya, and Ambassador Ramlan Bin Ibrahim, Permanent Representative of Malaysia, in his capacity as the Chair of the Committee established pursuant to resolution 1970 (2011). I now give the floor to Mr. Kobler. Mr. Kobler: First of all, let me congratulate the United States on taking up the presidency of the Security Council for the month of December. I wish to thank you, Madam, for giving me the opportunity to address the Council so soon following my appointment as Special Representative of the Secretary-General for Libya. There have been important developments with respect to the Libyan political dialogue process since my predecessor last briefed the Council on 5 November (see S/PV.7550). Since assuming my duties approximately three weeks ago, I have endeavoured to ensure a seamless transition from my predecessor and continuity in the Libyan political dialogue process. I am fortunate to have met, in such a short period, a wide array of political leaders, civil society representatives, tribal elders, as well as women and youth leaders. I have also met with the respective leaderships of the House of Representatives in Tobruk and the General National Congress in Tripoli. I have also had the opportunity to hold extensive consultations with countries in the region and beyond. I travelled to Algeria, where I had the privilege of meeting representatives of all of Libya’s neighbouring countries, as well as to Egypt, France, Italy, Qatar, Turkey and the United Arab Emirates. I am grateful for the warm welcome I have received from all, inside and outside Libya, and for their invaluable insights into the complexities of the Libyan political and security landscapes. In all those countries, there is a growing sense of alarm at the prospect of a spillover of the terrorist threat from Libya into neighbouring countries. Today, along with the Libyan dialogue participants, I met with the President of Tunisia, who also expressed his deep concern regarding the risk of Daesh rapidly consolidating its influence within Libya and the danger it poses to Tunisia and the wider region. I have no illusion about the difficult realities that confront us in Libya. The two institutions at the centre of the political conflict in Libya are beginning to show dangerous signs of internal fragmentation. The military conflict, particularly in Benghazi, continues to exact a heavy toll on the civilian population, adding further to the existing humanitarian situation. Across the country, 2.4 million people — of whom 435,000 are estimated to be internally displaced, in addition to several hundreds of thousands of refugees and migrants — are in desperate need of humanitarian assistance. Basic items of daily use and necessary medications have become scarce in many hospitals. Criminality and lawlessness have reached endemic levels in the south. Extremists and terrorist groups continue to expand their spheres of influence. Decreasing oil revenues and rapidly depleting financial resources are accelerating Libya’s economic decline. But in the face of all that, Libyans are overwhelmingly united on one key point: Libya cannot, and should not, wait any longer for peace to come. In the face of the continued inability of the House of Representatives and the General National Congress to move forward with the formal endorsement of the outcomes of the Libyan political dialogue, I convened a new round of Libyan political dialogue to discuss the way forward. The two days of deliberations in Tunis, which concluded earlier today, culminated in the agreement on a number of key points. First, a political settlement should be achieved on the basis of the Libyan political agreement negotiated within the framework of political dialogue facilitated by the United Nations Support Mission in Libya. Secondly, notwithstanding the legitimate concerns of some of the parties vis-à-vis elements of the agreement, there would be no reopening of the text. Thirdly, there was an agreement on the need to move forward with the immediate endorsement and signing of a Libyan political agreement. The participants in the political dialogue, some 40 courageous men and women who take considerable risks to put the interest of Libya above their personal interest, decided to publicly announce 16 December as a target date for the signing of an agreement. Fourthly, there was a unanimous call on all political and security stakeholders to create a conducive environment to enable a future Government of national accord to assume its responsibilities in the Libyan capital without threat or intimidation. All underlined the need for collective agreement on the necessary security arrangements to facilitate that. In that regard, I wish to take this opportunity to call directly on the leadership of the General National Congress to allow me and my colleagues to land our airplanes in Tripoli and in other cities in Libya to freely interact with whomever we deem necessary. We can only fulfil our mandate if we have free access to all people responsible for security, particularly in Tripoli. Critically, the participants in the political dialogue highlighted the urgency — the time factor. Libya is in a race against time. Its very social fabric, national unity and territorial integrity are directly endangered by the forces of extremism and terrorism, the likes of Daesh, which are actively consolidating and seeking to extend their influence beyond areas under their immediate control. Many dialogue participants referred to the imminent danger of Daesh expansion. In thinking over their options, the plight of Libya’s civilian population featured prominently in the deliberations of Libyan political dialogue participants today. Yesterday, the world marked the International Human Rights Day. But for many in Libya, yesterday marked yet another day of chaos, fear and hardship. Libya’s civilian population, including children, bears the brunt of gross human rights violations. Many civilians continue to be victims of arbitrary killings and violent attacks. Much of Benghazi, the cradle of the 17 February revolution, is today a wasteland. Hundreds of thousands of its inhabitants have had to flee their homes. The city’s infrastructure and vital facilities lie in ruin. The past two days of deliberations, which in part were attended by Tunis-based Ambassadors and Libyan envoys from Egypt, Italy and the United States who travelled to Tunis, revealed that Libyans expect the Council’s support and the support of the wider international community. Such support is indispensable to help them forge peace through unity. In that regard, the forthcoming high-level ministerial conference, to be hosted in Rome by Italy and the United States, will provide an opportunity for the international community to speak with a strong and united voice in support of the Libyan political agreement. It is with the Rome conference in mind that I also wish to convey, on behalf of the Libyan dialogue participants, the following four key points. First, there is the hope that the Council will unequivocally support the outcomes of the Libyan political dialogue and the Libyan political agreement. That would send a clear message to all those whose narrow agendas continue to stand in the way of peace. Secondly, every effort must be made to ensure that technical support to the future Libyan Government of national accord is visible, tangible and sustainable in order to ensure that it can deliver quickly. Thirdly, concerted efforts will need to be exerted to address the humanitarian situation and the terrible plight endured by the civilian population. Fourthly, I cannot overstate the threat posed by Daesh. Mobilizing international support to assist Libyan authorities to take decisive measures to combat, contain and eliminate the imminent danger is a must. Libyans have a unique opportunity before them. The time has come to make peace. It is unlikely that there will be other opportunities without inflicting further suffering and hardship on the Libyan people. I wish to take this opportunity to assure all Libyans that the door will always remain open for those who wish to join the road to peace. Once the agreement is signed, we will immediately assist in broadening the basis of support for the new Government, which should ultimately be based in Tripoli. Through engagement with the militias, political parties, tribal elders and civil society, we will advocate for acceptance of the Libyan political agreement. I appeal to the sense of patriotism and statesmanship of Libya’s leaders to give consideration to Libya’s higher national interests and the long-term welfare of the Libyan people. Their support to the Libyan political agreement will be the first step on Libya’s road to peace, security and prosperity.

I thank Mr. Kobler for his briefing. I now give the floor to Ambassador Ibrahim.

In accordance with sub-paragraph 24 (e) of resolution 1970 (2011), of 26 February 2011, I have the honour to report on the work of the Security Council Committee established pursuant to resolution 1970 (2011). The report covers the period from 15 July to 10 December, during which the members of the Committee met once in informal consultations. At the outset, I would like to brief the Council on the main points of the interim report of the Panel of Experts pursuant to resolution 2213 (2015), which the Panel submitted to the Council on 2 September. In the light of the broadened sanctions designation criteria outlined in resolutions 2174 (2014) and 2213 (2015), the Panel devoted a considerable section of the report to describing political and security events and highlighted acts that, in its assessment, fell under those criteria. While the Panel identified individuals and groups that consistently refused to engage in negotiations and put pressure on those wanting to participate, it also noted that it remained difficult to distinguish between negotiating tactics and the actions of deliberate spoilers. The Panel elaborated on the security and humanitarian situation in the country during the reporting period, including on the expansion of the Islamic State in Iraq and the Levant in Libya. The Panel perceived a continued disregard for the arms embargo and an increased demand for military materiel in Libya. It concluded that recent transfers of arms to Libya had impacted the political transition as well as the security situation in both the country and the region. Moreover, the proliferation of arms from Libya to its neighbours and the wider region had continued, including to terrorist groups. The Panel found that the current organization of Libya’s financial system was no longer tenable and prevented an effective response to the humanitarian needs in the country. The Panel highlighted that the Central Bank of Libya was disbursing salaries to members of armed groups, and elaborated further on its findings in that regard. As other sources for income of armed groups, the Panel identified the smuggling of migrants, oil derivatives and subsidized goods, as well as profits from foreign currency exchange schemes and potential gold mining activities. The Panel noted that the functionality of the reporting mechanism concerning attempts to illicitly export crude oil from Libya, introduced by resolution 2146 (2014), suffered from a lack of capacity in the Libyan Government and the duplication of oil export structures. The assets freeze and travel ban sections of the Panel’s report focused on listed individuals, in the absence of any new sanctions designations. Concerning the travel ban, the Panel reported that an individual inscribed on the Committee’s sanctions list had travelled without the prior approval of the Committee. The Panel presented a total of 16 recommendations, of which 5 were directed at the Security Council, 6 at the Committee, 3 at Member States and 2 at the Government of Libya. On 21 September, the Committee discussed the interim report and its recommendations. The Panel’s report was generally well received. The main points emerging in the discussion were concerns about ongoing armed clashes, the presence of terrorist groups in Libya, arms flows into and out of Libya, the financing of armed groups and illicit exports of crude oil. The Committee agreed to follow up on seven recommendations, including through a note verbale to all Member States covering issues relating to the designation criteria and the arms embargo. Let me now touch briefly on the activities of the Committee during the reporting period. On 22 July, the Committee received a letter from the Panel of Experts regarding the above-mentioned violation of the travel ban. In that context, the Committee sent letters to the two Member States concenred on 5 August. On 4 September, the Committee received a notification under sub-paragraph 13 (b) of resolution 2009 (2011) in relation to the arms embargo, on which no negative decision was taken. However, the Committee requested additional information from the notifying Member State. On 8 October, the Committee received a letter from the Permanent Representative of Libya, informing the Committee about a company that was apparently attempting to access frozen funds in a Member State using forged documentation. On 22 October, the Committee dispatched a note verbale to all Member States drawing their attention to three recommendations made by the Panel of Experts. In that context, the Committee encouraged Member States to share any information on attacks against foreign missions and the financing of armed groups by illicit exploitation of natural resources, as well as to provide certain air traffic control data to the Panel, upon request and as appropriate. Subsequently, the Committee received a report from a Member State containing information on an attack on its diplomatic mission. On 20 November, the Committee approved a travel ban exemption request under sub-paragraph 16 (a) of resolution 1970 (2011) for humanitarian reasons. On 22 November, the Committee received a letter from the Panel of Experts in relation to the implementation of resolution 2146 (2014) and the Libyan oil export and financial infrastructure. On 2 December, the Committee received a request for guidance on the arms embargo as it relates to the seizures of embargoed materiel. During the reporting period, a member of the Committee placed on hold a draft implementation assistance notice on the assets freeze measure, which the Committee had been considering in follow-up to a proposal by the Panel of Experts in its interim report submitted on 4 September 2014, pursuant to resolution 2144 (2014). Also during the reporting period, the Committee received two requests for delisting, one through the focal point for delisting and another through a Member State, both on behalf of individuals whose names are inscribed on the Committee’s sanctions list. The Committee did not accede to the request submitted through the focal point, and requested additional information from the submitting Member State on the second request. Furthermore, during the reporting period the Committee received one implementation report from a Member State.

I thank Ambassador Ibrahim for his briefing. I now give the floor to the representative of Libya.

I would like to congratulate you, Madam President, and your delegation on assuming the presidency of the Security Council for this month. I would also like to thank Ambassador Ramlan Bin Ibrahim, Permanent Representative of Malaysia, in his capacity as Chair of the Security Council Committee established pursuant to resolution 1970 (2011). I also thank Mr. Kobler for his important briefing and congratulate him on his appointment to the post of Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya. I wish him every success in his functions and assure him and his team of our full support to ensure peace and security in Libya and to create a Government of national accord that can enable Libyans to tackle the challenges threatening their country and the future of all Libyans. The efforts of the United Nations Support Mission in Libya (UNSMIL) have paved the way as much as possible for a rapprochement of the different factions in Libya. They also led to the political agreement signed by the majority of parties in July. The agreement enjoys broad popular support throughout Libya and has been approved by a majority of the members of the House of Representatives and the General National Congress. It will now to be submitted to vote by the two parties. While the negotiations that took place were sufficient, due to the stubbornness of certain positions as well as to certain threats, they did not lead to consensus when the agreement was signed five months ago. Hundreds of thousands of Libyan refugees are subjected to humiliation far from their homes. There are also just as many internally displaced persons in Libya, their homes destroyed. Millions of people throughout the country fear for their lives and their property. It is no longer morally acceptable to leave the future of the Libyan people in the hands of those who seek to take advantage of their positions, functions and weapons in order to perpetrate the suffering of the Libyan people both in and outside Libya. It is no longer acceptable to remain passive before those who continue to protect their own interests and who attempt to incite hatred and resentment following the agreement by putting forth new illusory proposals that complicate the political situation with the unique goal of sabotaging the results of the dialogue. Those individuals are attempting to encourage some citizens to undermine the efforts of the United Nations. The absurd attempts to create divisions carried out by some individuals in order to sabotage the agreement will simply lead to ongoing bloodletting among brothers, a weakening of the army and a strengthening of Daesh’s position and its spread in neighbouring countries, in Europe and in other countries of the world. The time has come to sign the Skhirat agreement. We hope that the agreement will be signed within the established time frame, namely, by 16 December. The Libyan people hope that the Security Council will support the implementation of the agreement and act as guarantor. We hope that the Council will authorize all necessary measures to be taken against those would act as spoilers of the agreement or threaten the Government of national unity and prevent it from doing its work in Tripoli. We warmly welcome the meeting to be held in Rome two days from now. We hope that it will offer the international community the opportunity to endorse the results of the Skhirat dialogue and that it will put an end to the tactic of sabotaging the process. It should be a moment to support the aspirations of the Libyan people to peace, security, stability and economic recovery under the guidance of a Government representing all citizens in the framework of transparency and accountability. I take this opportunity to assure the Security Council that no Libyan Government can be effective if armed groups remain in Tripoli. The Libyan State can hardly endure if the Government is not headquartered in the capital, which can be secured only when armed groups return to their homes and when those from Tripoli itself are disarmed and their members integrated into Libyan State institutions, pursuant to relevant legislation and their own resolve. There are some 10,000 police officers in Tripoli who are fully capable of ensuring security in the capital if they are equipped with small arms and light weapons and enjoy the support of the international community. They are entirely ready and able to shoulder their responsibility to protect the Government of national unity. Combatting terrorism is the responsibility of all Libyans — even more so than it is that of the international community. Terrorism in Libya is no longer the exclusive fruit of extremism arising from an erroneous interpretation of religion. Terrorism is now a lucrative job that attracts criminals, particularly from neighbouring countries. There are thousands of unemployed in Tunisia and Egypt who would seek to enter Libya illegally to join Daesh and its sleeper cells in Libya in exchange for food and housing, and hope to be very well remunerated if Daesh is able to seize the productive oil fields. Libyan experts believe that this could happen next summer if a power-sharing agreement cannot be reached in Libya. The delay in the formation of a Government of national unity cannot serve as a pretext for the international community to fail to support the Libyan army. Indeed, the international community should do its utmost to ensure that all those who believe in democracy can join the army. Armies can win wars only if they have a strong, supportive Government behind them. They cannot combat terrorism without stable and sufficient financial resources and a reliable and legal source of weapons and munitions. Armies can be effective only if they are disciplined and subject to military and civilian law, and if they are deployed throughout the country. The army must protect all borders and be respected by the civilian population. These are the aspirations of the Libyan people. We hope that the international community will help us to meet them as soon as possible. I have nothing to add to what I have said with respect to the sanctions Committee. I should like to reaffirm nonetheless that we must strengthen cooperation and information exchanges between the Committee and the Libyan Mission to the United Nations.

There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject.