S/PV.8312 Security Council

Let me begin by congratulating France on its victory in the World Cup Final yesterday. I would also like to compliment Russia on a very well-run tournament. Over the past four weeks in this building, I think we have all seen the power of sports to bring people together. Adoption of the agenda

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. Ghassan Salamé, Special Representative of the Secretary- General and Head of the United Nations Support Mission in Libya, to participate in this meeting. Mr. Salamé is joining the meeting via video tele-conference from Tripoli. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of Council members to document S/2018/429, which contains the report of the Secretary-General on the United Nations Support Mission in Libya. At this meeting, the Security Council will hear a briefing by Mr. Salamé. I shall provide a briefing in my capacity as representative of the Chair of the Security Council Committee established pursuant to resolution 1970 (2011), concerning Libya. I give the floor to Mr. Salamé. Mr. Salamé: Allow me to congratulate Sweden on its presidency of the Security Council this month. I am grateful for this opportunity to brief members of the Security Council on our work in Libya. For the first few months of this year, Libya enjoyed relative quiet from military actions. The United Nations helped create that lull. By reviving the political process with the delivery of the action plan for Libya, we provided a peaceful means to be heard and the prospect of obtaining official positions. With that has come increased dialogue and fluidity between the localities and the political camps. The number of civilians killed during the exchange of fire fell to only four in March, and five in April. We capitalized on that positive environment. Let me share four examples. First, we provided a platform for reconciliation agreements and discussion, opening our good offices to all. We have hosted meetings on the most contentious issues — for example, meetings on land property grievances and consultations between internally displaced persons and those from the areas from which they have been displaced. Secondly, we supported the conduct of local elections, which took place in Zawiya on 12 May. Voter registration is currently ongoing for similar elections in the towns of Bani Walid and Dirge. Dozens of additional municipal elections are expected to be held this year. Thirdly, we have re-established the United Nations in Libya — in Tripoli where most of the Mission now resides and in Benghazi where our office will open in the next few weeks. Fourthly, — and I am particularly proud of this — we have concluded the consultative phase of the national conference process. Over the past 14 weeks, we have held, thanks to our dedicated partner the Centre for Humanitarian Dialogue, more than 75 meetings in Libya and abroad. More than 7,000 Libyans — a quarter of them women — participated. Two thousand submissions were received online. One hundred and thirty thousand followers joined the consultative process on social media, while generating half a million comments. Digital messaging has reached over 1.8 million persons. Furthermore, the proceedings were covered in great detail by the Libyan media. That bottom-up process is an integral part of the action plan. It puts the Libyan people at the heart of the political process, whoever or wherever they may be. For many communities, that was the first time that they were actively engaged in the political process and consulted on the future of their nation. Specific events were held for women, internally displaced persons and young people, while others targeted far-away communities in the south, abroad and constituencies previously excluded. The local national conference consultations have provided tremendous insight into the hopes, fears and vision of the Libyan people for a way forward. The next phase of the national conference is the distillation of the thousands of pages of reports into a full and final one, with national conclusions and recommendations to support the next steps to complete the transition. The date and the venue of the final event will be determined soon. Any political progress is linked to the absence of military activity on the ground. Regrettably, the past two months have been marked by military actions and violent developments, thereby diverting attention and losing some of the momentum we had gained. First, in the eastern city of Derna, the Libyan National Army move to take control of the city led to two months of battle. The conflict ignited divides across the country, and though the Libyan National Army is now in control of the city, small-scale fighting continues. We then witnessed the events in the oil crescent. On 14 June, a coalition of armed groups, reportedly including foreign mercenaries, attempted to seize control of facilities in the oil crescent region. They successfully captured them, entailing numerous casualties and significant damage to critical infrastructure. The Libyan National Army recaptured the area within a week in a move most expected to re-establish the status quo, where management of the fields would have reverted to the internationally recognized National Oil Corporation, which operates under the Government of National Accord. However, on 25 June the Libyan National Army announced that it would transfer management of the oil facilities in the oil crescent and of other areas under its control to a non- recognized national oil corporation that exists in the east under a parallel authority. Subsequently, the official National Oil Corporation declared force majeure on the oil terminals of Sidra, Ra’s Lanuf, Marsa Al-Hariga and Zuetina. As a result, 850,000 barrels per day of crude oil were prevented from being exported. It is estimated that Libya lost more than $900 million. The course of events drove a wedge through the middle of the country, thereby deepening division between institutions and regions. The Secretary-General released a statement on the matter and recalled all of the relevant Security Council resolutions, while offering the good offices of the United Nations. I have spent the past two weeks reaching out to the various Libyan actors, while shuttling back and forth to find a solution to the misguided crisis. I was not alone in that. The efforts and support of many Libyans and numerous Member States were invaluable. On 11 July, control reverted to the National Oil Corporation, and production resumed. The end of the immediate crisis has brought a collective sigh of relief, but it is not the end of the matter. Events have brought to the fore the underlying issues that are plaguing the country and that I have repeatedly outlined to the Council, namely, frustrations over the distribution of wealth and the endemic plundering of resources. If those matters are not expeditiously addressed, I fear that the agreements made to resume oil production will not hold, and it will be difficult to advance the political process. The Mission will redouble its efforts to push for economic reforms, as the very stability and unity of the country are at stake. If there has been a silver lining to events, it is the fact that various authorities in Libya now accept that they need to take action to protect the country’s wealth. The request submitted to the Council by the Government of National Accord for a review of the official Central Bank of Libya and the parallel central bank in the east is a welcome first step to bring transparency to the finances of Libya. I encourage Council members to consider the request in a positive light. If the economy of predation is to be broken, its methods must be laid bare, and, for that, Libya needs all our support. Libyans long to be rid of their current patchwork of institutions. The national conference consultations taught us that the Libyan people want clear and effective leadership by legitimate bodies, brought about by elections. It is telling that, although only 600,000 people voted for the House of Representatives in 2014, already 1 million have recently registered to vote in the next elections. However, a handful of people defy that popular desire. The few who benefit from the status quo will, if left unchecked, do whatever they can to hinder elections. Unfortunately, they can do much, especially as they hold crucial, and too often lucrative, official positions. Without the right conditions, it would be unwise to hold elections. Without sending clear and firm messages to those who would attempt to stall or disrupt elections, such conditions will not be met. To the leaders of Libya, I say that it is time to return control to the citizens. At the international meeting in Paris on 29 May, the Prime Minister, the Heads of Libya’s House of Representatives and High State Council and the Head of the Libyan National Army committed to engage constructively to enable elections to take place by the end of the year. That deadline is congruent with the action plan. I urge them to stand by their commitment and for others to join them. Furthermore, the deadline that they agreed on for the adoption of legislation necessary for elections is fast approaching. Although we welcomed the resumption of deliberations by the House of Representatives on 25 and 26 June, and once again today, on necessary legislation for a referendum on the constitutional draft, that is not enough. It has been evident that many members of the House of Representatives, who last month completed their fourth year in office, have not demonstrated any enthusiasm in terms of their attendance or of adopting viable electoral legislation. Members of the House of Representatives should take notice. Libyans are demanding the holding of elections and becoming impatient with those who are finding multiple ways and means to postpone that moment. I recently met with the Speaker of the House. He promised a vote on a law for the referendum of the Constitution within the next two weeks and that electoral legislation would be voted on immediately thereafter. I truly hope that that pledge will be honoured this time. I urge the members the Council to pressure the House of Representatives to deliver on its historic responsibility and achieve that goal in a timely fashion. A constitutional framework is required to hold elections and end the transition. Since my last briefing (see S/PV.8263), I have engaged in broad consultations on the matter of how and when to establish a new Constitution for the country, while speaking with senior Libyan judges and constitutional experts from every side, as well as with the Libyan people. Both experts and the public agree that a clear constitutional framework is a national priority. However, they are divided on how to proceed. Many would like to see a referendum on the current draft constitution, while others completely reject the text. It is a complex issue with no easy options or straightforward solutions. It is exactly because of that complexity that the international community must show unity. Once we reach a reasonable level of conformity of views among the Libyans, which we are working on, the international community must stand together behind that Libyan vision. If even a single Member State chooses to act alone, the process will not advance. Technical preparations are under way for elections that are scheduled to be held at the end of the year. Officers are preparing and the planning process is moving along swiftly. Electoral security arrangements are being worked on, including by the newly established unit for those matters in the Ministry of the Interior. While the terrorist attack against the High National Elections Commission devastated much of its headquarters, I am pleased to report that on 12 June, the Commission was granted a new compound. There is much work to be done to refurbish the premises and, accordingly, concerted efforts are being made by the Government, the United Nations and international partners to renovate the buildings and replace the many items destroyed during the attack. I am happy to report that yesterday the Government of National Accord approved 66 million Libyan dinars to fund the elections. The decision of the Security Council to impose sanctions on six leaders of human trafficking networks was a positive step towards accountability for exploitation and human rights abuses. Such progress notwithstanding, impunity continues to reign in Libya. Civilians continue to bear the brunt of the escalation of fighting and violence, as witnessed over the past two months in Derna and elsewhere in the country. Concerns remain about human rights abuses, including summary executions and extrajudicial arrests. I reiterate the call on all parties to the conflict to fully respect international humanitarian law, including by taking all feasible precautions to protect civilians and ensure that the wounded and sick — civilians and those who participated in the hostilities — are cared for, including through medical evacuations. As in other areas in Libya where conflict has erupted, the United Nations Humanitarian Coordinator and partners are providing humanitarian assistance. Despite impeded access, life-saving materials have been delivered, such as medicine by the World Health Organization and assistance to displaced persons, including 1,000 kits for children. Additional assistance will be required, in particular in the areas of health, shelter and mine action. With regard to the city of Tawergha, only a small number of people have returned. The conditions for a safe and dignified return remain insufficient, as basic infrastructure and services are lacking. At the start of the month, demining teams were finally allowed to enter the area and commence work. The current plight of internally displaced persons is unsustainable from a political and financial perspective, given the lack of available resources to support them. They should be given the right to integrate in their host communities as efforts are made to facilitate their return. Libya must urgently reverse the deterioration in public service delivery. The United Nations is working with the Libyan authorities, in particular with municipalities across the country, to address the challenges. However, without a resolution to the country’s underlying economic problems, the situation will remain an uphill battle. The human rights situation and the humanitarian needs of migrants, refugees and asylum-seekers remain dire. While some improvements have been made in official detention centres, there are many unofficial installations to which we do not have access. I am grateful for the continued support of the members of the Council and of key Member States actively engaged in supporting an end to the crisis in Libya. I warmly note the arrival of the new Deputy Special Representative of the Secretary-General in Libya, Stephanie Williams, as a further reinforcement of our efforts. The status quo in Libya cannot be sustained. The country is in decline. The crisis in the oil crescent gave us a glimpse of what is in store if tangible progress is not made now: economic collapse, the breakdown of public services and more frequent and intense outbreaks of violence. In a country where terrorists lurk; where criminals are waiting to engage in the trafficking in migrants; where foreign mercenaries are increasing in numbers; and where the oil industry hangs in the balance, this situation should be of concern to all. In order to help the Libyan people chart a course to the future they deserve, the unified support of the Council, Member States involved in Libya and our regional partner organizations is vital.

I thank Mr. Salamé for his briefing. I shall now give a briefing in my capacity as representative of the Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya. In accordance with paragraph 24 (e) of 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 22 May to 16 July, during which time the Committee met once in informal consultations and conducted additional work via the written silence procedure. On 7 June the Committee approved the designation of six individuals as subject to the assets freeze and travel ban measures, in accordance with paragraph 11 (a) of resolution 2213 (2015). Prior to their listing, the Committee held informal consultations on 25 May to discuss the proposal, in which Libya also participated. As of 26 June, the Committee is considering a proposal for the designation of another individual against several designation criteria. Concerning the arms embargo, the Committee responded to two requests for guidance, received from Malta and Malaysia respectively, which touched on the scope and implementation of that measure. The response to Malaysia confirmed the publicly available entries on the sanctions list of the Committee. The Committee also received additional information from the Kingdom of the Netherlands regarding previously exempted items. With respect to the assets freeze, the Committee received three notifications from the United Kingdom of Great Britain and Northern Ireland, invoking paragraph 19 (a) of resolution 1970 (2011), regarding the legal expenses of a listed individual, Saif Al-Islam Al-Qadhafi, and a listed entity, the Libyan Investment Authority. The Committee also received some information from Malaysia on its implementation of the assets-freeze. With regard to the measures aimed at preventing illicit exports of petroleum from Libya, the Committee received information from Libya, as well as from the Panel of Experts, regarding an attempt by a vessel to carry out an illicit export of crude oil from Marsa Al Hariga port in Libya. The Committee dispatched letters to the reported flag State and to the reported State of a company allegedly involved in the matter. During the period under review, the Committee received communications from the focal point for de-listing, established pursuant to resolution 1730 (2006), in connection with the de-listing requests from the travel-ban measure of Aisha Al-Qadhafi and Safia Fakash Al-Barassi. Those requests are currently under the review stage stipulated in paragraph 5 of the annex to resolution 1730 (2006). The Committee has approved a travel ban exemption request from Safia Farkash Al-Barassi. During the reporting period, the Committee received, and responded to, a letter from Libya regarding certain content of the last final report of the Panel of Experts (S/2017/466). The Committee also referred the matter to the Panel for its follow-up, as appropriate. Lastly, on 5 March the Committee agreed to take follow-up action on six of the eight recommendations contained in the interim report of the Panel, which in various ways aimed at improving the implementation of the arms embargo, the assets-freeze and the measures in relation to attempts to illicitly export petroleum from Libya. On three of the six recommendations, more specifically referring to the arms embargo and the assets-freeze, the Committee had agreed to task the Panel with providing additional information. During the reporting period, the Committee received additional information from the Panel and is currently considering any further follow-up action. I now resume my functions as President of the Security Council. I now give the floor to those Council members who wish to make statements.

We are grateful for the report presented by the Special Representative of the Secretary-General and Head of the United Nations Mission of Support in Libya (UNSMIL), Mr. Ghassan Salamé, to whom we reiterate our support for the outstanding work he continues to do. Similarly, we are grateful for the report provided by Ambassador Carl Orrenius Skau on the activities of the Committee established pursuant to resolution 1970 (2011), concerning Libya. While taking note of the work carried out by the Special Representative during the reporting period, it is also necessary to reaffirm the importance of the full implementation of the Libyan Political Agreement in order to complete and finalize the transition period. To that end, it is essential that all parties and actors involved commit themselves to the action plan promoted by the Special Representative. We call on them to engage in dialogue and to fulfil all their commitments in order to achieve an outcome that meets the interests and aspirations of the Libyan people. We underscore the conclusion of the first phase of the national conference, which was held in May, at which more than 40 meetings were held in 27 Libyan cities and towns and in which the Libyan people expressed their will to achieve a united country with competent and credible institutions that redistribute resources fairly, and above all expressed their aspiration to have unified security and order institutions capable of guaranteeing their security and protecting their sovereignty. In that regard, we echo the message of presidential statement S/PRST/2018/11, of 6 June, and express our support for all efforts to achieve definitive stability in Libya. We also take note of the commitment made by the parties to holding parliamentary and presidential elections at the end of this year. To that end and within the framework of Libya’s sovereignty, independence and territorial integrity, it is important that the necessary consultations on the new constitution take place expeditiously and that necessary legislation be developed to establish clearly and concretely the elements of and requirements for carrying out those elections. Similarly, policy development is essential for the establishment of formal institutions that are capable of guaranteeing the integrity of that process. Along the same lines, the registration of nearly 2.5 million people must serve to ensure the active participation of the entire population, especially women, who make up almost half of the electorate. We are confident that the collaboration and technical assistance of UNSMIL throughout that process will be key to achieving that goal. We welcome the joint visit of the Office for the Coordination of Humanitarian Affairs and the United Nations Mine Action Service to the cities of Benghazi and Misrata to assess the situation on the ground and to participate in meetings organized by civil society on mine action and humanitarian demining activities in order to ensure the safe and dignified return of internally displaced persons and their free movement. Despite those positive developments, there has been an alarming increase in violence and fighting between the parties. In particular, the escalation of violence in Derna is clearly a threat to the political process and the security of the population. According to the reports of various United Nations agencies, there has been considerable damage to civilian infrastructure owing to military action, including against schools, mosques and private homes, as well as hospitals and health-care centres, which have had to suspend their functions. Regrettably, violence throughout the Libyan territory has resulted in at least 16 fatalities and nearly 20 serious injuries as a result of those clashes and the use of explosive devices in public and civil service spaces. My delegation reiterates once again its call on the parties and local actors to lay down their weapons, respect international humanitarian law and avoid any rhetoric that claims violence as a means of achieving any objective, since such attitudes threaten the lives of innocent people and undermine the progress made so far in implementing the Libyan Political Agreement. Furthermore, we express our concern about the events that occurred in Ras Lanuf and Es Sider oil fields in the Libyan crescent region and about the measures implemented in managing the oil installations and the production of oil and its by-products, which considerably affected the production and export of those products to the detriment of the Libyan people’s interest. While the situation was resolved through dialogue at the beginning of the month, it is important for all parties to bare in mind that the only legitimate entity with the power to administer the oil resources in the country is the National Oil Corporation which belongs to the Government of National Accord, as set forth in resolutions 2259 (2015), 2278 (2016) and 2362 (2017). In that understanding and in accordance with the Libyan Political Agreement, all parties and actors involved must respect and strengthen State institutions, establish channels for dialogue and negotiation when they find themselves in disagreement, and avoid the use of weapons and violence at all times. In conclusion, we reiterate that there is no military solution to the conflict. We therefore call on all parties to join in the ongoing efforts to maintain an ongoing dialogue to achieve a peaceful, orderly and inclusive political transition that responds to the interests of the Libyan people and allows them to freely and consensually define their future. To that end, compliance with the Libyan Political Agreement, recognized through resolution 2259 (2015) and reaffirmed through presidential statement S/PRST/2017/26 of 14 December 2017, is imperative.

At the outset, I would like to congratulate the French football team on their World Cup victory and the Croatian team on an excellent game. I would also like to commend the Russian Federation on its superb organization of the World Cup. It was a very interesting time, and everyone very much enjoyed it. We thank Special Representative of the Secretary- General Ghassan Salamé and Carl Orrenius Skau for their comprehensive updates on the situation in Libya and on the activities of the Security Council Committee established pursuant to resolution 1970 (2011), concerning Libya. My delegation expresses its concern about the lack of progress in finding solutions for a political settlement through dialogue among the main stakeholders in Libya. That has a serious negative impact on the economic, social and humanitarian situation in the country. The recent escalation of the situation in Libya’s oil crescent is a clear indication of such developments. We join the Secretary-General’s call for all natural resources, as well as their production and revenues, to be under the control of the recognized Libyan authorities. Developments in the oil crescent have proven once again that efforts should be aimed at establishing a lasting political dialogue among all Libyan stakeholders aimed at seeking a political settlement to the crisis by implementing confidence-building measures. Those efforts should contribute to the unification of Libyan Government institutions, including its security and armed forces. The absence of such a dialogue will continue to create a breeding ground for the emergence and illegal activities of terrorists, extremists and other destructive forces in Libya. Our delegation believes that the adoption of a new constitution will create the legal framework necessary for generating the institutional and administrative structures needed to build lasting peace in Libya. Special attention should be paid to adopting appropriate electoral legislation, which along with voter registration, will create the necessary conditions for holding general elections. The international community and the Council in particular should place a greater focus on the situation in Libya, along with the Syrian and the Yemeni crisis among others. The instability in Libya has had a significant impact on the situation in the region of the Middle East and North Africa. All the efforts of the international community to resolve the situation in Libya should be conducted under the leadership of the United Nations. My delegation reiterates its support for the action plan of Special Representative of the Secretary-General Salamé and commends the committed work of the United Nations Support Mission in Libya on the ground.

I now give the floor to the representative of Libya.

At the outset, I wish to congratulate France on its victory at the 2018 FIFA World Cup and Russia on having organized the tournament well. I congratulate the Swedish delegation on its accession to the presidency of the Security Council for the month of July. I also wish to thank Mr. Ghassan Salamé, Special Representative of the Secretary- General, for his briefing on recent political and economic developments in Libya. I would further like to thank His Excellency Ambassador Carl Orrenius Skau for the briefing he delivered on behalf of the Chair of the Sanctions Committee on Libya established pursuant to resolution 1970 (2011). I congratulate Ms. Stephanie Williams on her appointment as the Deputy Special Representative of the Secretary-General. Recent meetings of the various Libyan parties, the latest of which was held in Paris, represented a glimmer of hope for all Libyan people that the country might be extricated from the horrors of political paralysis that it has endured in recent years, which negatively affected all aspects of the life of Libyan citizens, including by promoting instability and deteriorating security in the country. In this regard, we commend all efforts aimed at uniting the Libyan people and call up the international community to urge the Libyan parties to reach agreement and arrive at a settlement that is acceptable to all so as to release Libya from its ongoing ordeal. We reaffirm the need to organize parliamentary and presidential elections, which should be preceded by the implementation of the constitutional and legal arrangements necessary to the holding of the elections. We also reaffirm the importance of creating a climate conducive to the organization of these elections by calling on all parties to accept their results. We caution against the continuing search for solutions that are at odds with the resolutions and declarations of the Security Council, the most recent of which was presidential statement S/PRST//2018/11, of 6 June 2018. Despite all the efforts undertaken at the international and national levels, it is clear and unfortunate that some parties are aggravating the day- to-day lives of Libyan people by acting with the sole aim of causing the current situation to persist. They obstruct any attempt to restore security and stability in the country and to unite Libyan parties under the country’s flag. The recent attacks against oil facilities in the oil crescent region by a lawless group, led by an individual who is currently being prosecuted in a Libyan court, triggered a crisis that has ended thanks to the good-faith efforts of many individuals in Libya and the world and that threatened cause a significant deterioration in the Libyan economy. In this regard, we welcome the joint communiqué issued by the United States, France, the United Kingdom and Italy on 12 July, wherein they welcomed the resumption of operations by the National Oil Corporation, which are critical to all Libyans owing to the company’s legitimacy in accordance with Security Council resolutions and the Libyan Political Agreement. These countries also welcomed the contributions of the Libyan National Army to stabilizing the oil sector. We call on both the Security Council and the international community to grasp the fact that critical measures are necessary against anyone who impedes the interests and aspirations of the Libyan people to establish a civil State in which they enjoy stability, democracy and justice. The United Nations resolutions calling for Libyan ownership of the political settlement have not been translated into reality. Negative foreign interference in Libya has exacerbated the situation and created an environment conducive to crises and mistrust among the Libyan parties. We reaffirm the fact that the Libyan people reject this ongoing, unjustified interference. They aspire to build their country’s institutions and establish a balanced relationship with the world, based on mutual respect and common interests in line with the principles of the United Nations and international law. We call on those States to understand the logical equation whereby Libyan stability is inextricably linked to their own stability. Indeed, without stability in Libya, these countries will encounter major issues that will in turn cause other problems in those countries, such as illicit migration, accusations of violations of migrants’ rights, human trafficking, the existence of terrorist groups, and so on. All of these phenomena and problems can be eradicated only if there is a good will and good faith on the part of these States, and specifically if they help to find a solution for the political stalemate that has paralysed the country. My country has called upon the Security Council to set up an international technical commission under the auspices of the United Nations that will consider the revenues, expenditures and other transactions of the Libyan Central Bank in Tripoli and Al Bayda. This request is geared towards safeguarding the Libyan people’s interests and is a sine qua non in the wake of divisions among the Libyans. This step would lead to uniting the Libyan financial institutions in order to eliminate financial corruption and achieve economic stability in the country. We hope that the Council will establish the committee so that it can assume its functions as soon as possible. In conclusion, we reiterate what we have already stated to the Council with regard to the high-level meeting convened by the Secretary-General on 20 September 2017, at which a United Nations action plan was announced with a view to bringing an end to the crisis in Libya. We reaffirm the key role the United Nations must play in achieving a settlement to the Libyan crisis. In this regard, the Government of my country reiterates its commitment to cooperating with the United Nations through the United Nations Support Mission in Libya, ending political divisions, reunifying institutions and moving towards a new horizon that will end the suffering that has plagued the daily lives of Libyans.

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