S/PV.9162 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. Abdoulaye Bathily, Special Representative of the Secretary- General and Head of the United Nations Support Mission in Libya, to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I give the floor to Mr. Bathily. Mr. Bathily: It is a great honour for me to brief the members of the Security Council for the first time since assuming my functions as Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya on 25 September. I look forward to working closely with the Council and trust that I will be able to count on members’ support. Prior to my arrival in Libya on 14 October, I engaged with a broad range of representatives of Member States in New York, including members of the Security Council and representatives of regional organizations, to hear their thoughts on the situation in Libya and ideas about how to overcome the country’s challenges. I stressed the importance of ensuring that the international community will support Libyan efforts in a coordinated manner, rally behind the United Nations lead and refrain from taking any action that could further deepen divisions. The political deadlock persists with no clear end in sight to the prolonged stalemate over the executive. Furthermore, efforts to resolve the remaining outstanding issues related to the constitutional basis for elections do not appear to be resulting in concrete action on the part of the relevant actors, further delaying the prospects for the holding of inclusive, free and fair elections aimed at ending the transition and restoring the legitimacy of institutions. In order to design a response to those daunting political challenges, I have decided to give priority to consultations with Libyan institutional, political, security and civil-society actors from across the country, including the south, east and west. Since my arrival in Libya, I have therefore embarked on a series of consultations with a broad range of Libyan political, security and economic actors, as well as representatives of civil society from every region of the country, in order to gain a better understanding of the current challenges and possible solutions and of the aspirations of the Libyan people. I am grateful to my interlocutors, who without exception have welcomed me and expressed their high hopes for the work of the United Nations in mediating and providing its good offices. More specifically, I exchanged views with the President of the Presidential Council and members of the Government of National Unity, including Prime Minister Abdulhamid Al Dabiba, Minister for Foreign Affairs Najla El Mangoush and other Cabinet members. I also met with the Chief of General Staff, Lieutenant General Al-Haddad, and with the western members of the 5+5 Joint Military Commission (JMC). I consulted with the High National Elections Commission, the National Oil Corporation and the Central Bank of Libya. I also exchanged views with the President of the High State Council, Khaled Al-Mishri, over the phone, as he had to travel out of the country the day after my arrival. I travelled to Al-Qubbah to meet the Speaker of the House of Representatives, Aguila Saleh Issa. The day before yesterday, I travelled to Benghazi, where I met with Field Marshal Khalifa Haftar, General Commander of the Libyan National Army; the eastern members of the Joint Military Commission; and the Prime Minister designated by the House of Representatives, Fathi Bashagha. I also met with representatives of women organizations. Yesterday in Tripoli, I received civil society organizations, women candidates for the parliamentary elections and representatives of women’s civil society organizations. There remain significant differences on how Libyans want to overcome the current crisis. In response to the near unanimous condemnation across the spectrum of the presence of mercenaries, foreign fighters and foreign forces in Libya and the incessant foreign interference in the country’s affairs, I stressed to all my interlocutors that the solution to the crisis must come from inside Libya, on the basis of the will of the Libyan people. I urged the country’s leaders to hear the people’s aspirations for peace, stability, economic development and a responsive leadership. While the ceasefire continues to hold, the security track needs to be reinvigorated, as it has been adversely impacted by the protracted political impasse. The violent clashes in Tripoli on 27 August resulted in a shift in the power balance in the capital, which has deepened tensions between eastern and western security actors and led to fragile stability. Despite the noticeable decrease in the mobilization of armed groups and clashes among them, there are reports of ongoing large-scale recruitment activities. Fighting between armed groups in Zawiyah, west of Tripoli, on 25 September, trapped dozens of families for several hours and left at least three civilians killed, including a 10-year-old girl. Further to my engagements with security actors in the east and the west, I am pleased to report that the 5+5 JMC has agreed to meet under United Nations auspices in Sirte next Thursday to discuss the resumption of the Commission’s activities to further the implementation of the ceasefire agreement. The two Chiefs of Staff met in Tunis on 12 October on the margins of an air and defence exhibition. An intended visit by the Chief of Defence Staff of the Libyan Army to Benghazi is still pending. I encourage regular exchanges between the two Chiefs of Staff to give momentum to steps towards the reunification of the military institutions. Developments on the economic track include the release of the annual reports of the national Audit Bureau and the Administrative Control Authority on the activities of public institutions, including the Central Bank of Libya and the Government of National Unity. In response to some of the findings and recommendations of those reports, Prime Minister Al Dabiba announced a series of corrective administrative measures. Investigations were opened into the work of Libyan officials, based on the observations and recommendations in the reports. Regrettably, the human rights situation in Libya remains concerning. Violations against migrants and asylum-seekers continue with impunity. Arbitrary detention continues as a common practice. On 7 October, in the aftermath of clashes between rival human-trafficking gangs in the city of Sabratha, 11 charred bodies of persons believed to be migrants were discovered in a docked boat, and four more bodies showing evidence of wounds were found outside the boat. I note the announcement by the Ministry of Interior of an investigation, which should bring the perpetrators to justice. I call on the Libyan authorities to take immediate and credible measures to address the dire situation of migrants and refugees and dismantle the related trafficking and criminal networks. Official statistics received by the United Nations Support Mission in Libya (UNSMIL) on 1 October show that nearly 11,000 individuals, including 55 women, are serving sentences in prisons run by the judicial police. In addition, nearly 6,000 individuals are in pretrial detention, including 113 women, and 135 juveniles are behind bars. The total numbers represents a 40 per cent increase relative to the numbers released in August 2021. Many of those in pretrial detention, representing one third of the total prison population, are detained with no access to justice. Those numbers do not include the approximately 3,243 migrants who are arbitrarily detained in detention centres operated by Government entities. Libyan authorities should guarantee due process and a fair trial for those detained on credible charges and immediately and unconditionally release all persons who are arbitrarily detained. On 12 October, the co-Chairs of the working group on international humanitarian law and human rights of the International Follow-up Committee on Libya, in collaboration with the Presidency Council and the African Union (AU), organized a briefing on national reconciliation, at which experts shared best practices and other national experiences in that area. The meeting highlighted the role of victims at the centre of effective, rights-based reconciliation processes, the need to rebuild trust in State institutions and the criticality of ensuring inclusivity and women’s meaningful representation and participation. The experts also stressed the importance of ensuring that reconciliation efforts are effectively linked to the political process. On 18 October, I met the Minister for Foreign Affairs of the Republic of the Congo in his capacity as representative of the Chairperson of the AU High-Level Committee on Libya. He briefed me on the outcome of the meeting that had just concluded, at which the AU discussed preparations for a national reconciliation meeting with Libyan counterparts. The situation in Libya calls for a consensus State re-legitimation process. Legitimate institutions capable of providing for the basic needs of the people must be established on the basis of genuine political will. In that process, the conduct of legislative and presidential elections is paramount. I will intensify consultations with relevant actors to progress towards an agreement on the necessary parameters to reach that objective, including at the upcoming summit of the League of Arab States. It will be important for the Security Council to coordinate messaging and stress upon Libyan actors the need to work together towards elections in a sincere and committed manner. The Council’s unified call for greater coherence and coordination in the action of international actors would also be precious to UNSMIL’s endeavour. In the coming weeks, I intend to undertake to facilitate a meeting between the main leaders of the House of Representatives and High State Council to understand the commitments announced in Rabat on 21October and agree on political, constitutional, legal and security measures to advance preparations for elections as soon as possible, in keeping with the aspirations clearly expressed by the Libyan people. I also intend to travel to Sirte on 27 October to resume the 5+5 JMC work and revive the security track. On that basis, we will also reinvigorate the political and economic tracks. Finally, I will work to mobilize the support of the international community to ensure that we all coordinate in coherence with the aforementioned approach.

I thank Mr. Bathily for his briefing. I shall now give the floor to those members of the Council who wish to make statements.

Let me thank Special Representative Bathily for his inaugural briefing to the Security Council and congratulate him on taking up his appointment. He has the full support of the United Kingdom in the implementation of his mandate. I also welcome the participation of the Permanent Representative of Libya in our meeting today. It is regrettable that Libya’s political elite has made no further progress to agree a basis on which to hold free, fair and inclusive parliamentary and presidential elections. I therefore welcome Special Representative Bathily’s efforts to engage with all Libyan parties across the country, including civil society, women and youth groups. As a Council we should now urge all Libyan parties, in particular Libya’s political leaders, to work constructively with Special Representative Bathily and agree a road map to elections as soon as possible, which is in the interests of all the Libyan people. I would also like to highlight two areas that are undermining prospects for free, fair and inclusive elections. First, the United Kingdom is deeply concerned by reports of increased restrictions on, and a deteriorating operating space for, civil society in Libya. In addition to the administrative impediments they encounter, civil society organizations are facing an escalation in the level and frequency of scrutiny of their operations. A vibrant civil society is critical for the holding of free, fair and inclusive elections. It is an essential component of a functioning democracy, leading to greater stability and prosperity. We therefore urge all Libyan authorities to ensure a safe, secure and unhindered operating environment for civil society in Libya. Secondly, we call on all Libyan parties to protect the neutrality, integrity and reunification of public institutions so as to ensure that Libya’s wealth is used for the good of all citizens. Reports of the misuse of public funds, set out in the recent Audit Bureau’s report, damage the credibility of Libya’s institutions. These institutions must be supported to serve the whole of Libya and all Libyan people. Finally, I would like to thank Council members for their constructive engagement in negotiations to renew the mandate of the United Nations Support Mission in Libya for a year. We look forward to adopting the draft resolution later this week.

I thank Special Representative Bathily for his briefing. Norway welcomes his appointment as Special Representative of the Secretary- General, and we are pleased to see that he has started work from Tripoli. Libya faces a number of challenges. It is therefore crucial that we have a strong and stable United Nations presence in the country, first and foremost to support the Libyan-led and Libyan-owned political process. Norway strongly supports the role and the work of the United Nations in Libya. The recommendations from the strategic review need to be implemented, and the United Nations Support Mission in Libya (UNSMIL) must have the necessary resources. A one-year extension of UNSMIL’s mandate is necessary for the Mission to fulfil its role. We welcome what Special Representative Bathily has reported to us today, namely, that he is engaging with the Libyan parties to get the political process back on track. The priority should be to agree on a constitutional framework for the holding of elections, and a timeline should be established. Norway urges all Libyan parties to work constructively with the Special Representative on these issues and heed the calls of the Libyan people to hold elections. We also encourage all parties to show restraint and avoid actions and rhetoric that could escalate the situation. All parties must take responsibility for avoiding a new escalation of violence. Norway is concerned by the deteriorating situation for migrants in Libya. We condemn the killing of 15 migrants in Sabratha and call on the Libyan authorities to ensure a thorough investigation of these deaths. We are deeply concerned by reports of violations and abuses of international law, including conflict-related sexual violence, arbitrary arrests, abductions and the reported use of torture. Acts of violence in detention centres against migrant and refugee children, who represent 18 per cent of the detainee population, also continue to be reported. We call on the Libyan authorities to end arbitrary detention, particularly of children; to release those unlawfully detained; and to immediately put in place measures to prevent torture, sexual violence or other ill treatment in detention. Libyan authorities must fulfil their obligations to protect human rights, and the space for civil society, including women’s rights groups, must be protected. Let me finish by reiterating the need for the full withdrawal of all foreign fighters, mercenaries and foreign forces from Libya and the need to implement an adequate disarmament, demobilization and reintegration programme in close cooperation with neighbouring countries.

We wish to thank the Special Representative of Secretary-General for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), Mr. Abdoulaye Bathily, for his briefing on the situation in that country. First and foremost, I wish to congratulate Mr. Bathily on his appointment to his very important position. For nearly a year, the Mission has had to operate without a chief mandated by the Security Council, and this has not had a positive impact on the overall settlement process. We trust that Mr. Bathily will manage to step up the United Nations mediation efforts in the nearest future and engage with Libyan stakeholders to relaunch the political process. For our part, we reaffirm our support for United Nations efforts geared towards seeking acceptable ways out of this crisis. We shall spare no effort in facilitating this. For the moment, the internal situation in Libya is alarming. The ongoing de facto diarchy will ultimately lead to nothing but further destabilization of the situation. Evidence of this includes increasingly frequent clashes between armed groups, mobilization activity and large-scale demonstrations by citizens. The main objective of the Security Council at present is to prevent outbreaks of violence from transforming into a civil war. We believe attempts to freeze the internal political conflict in Libya without real steps towards settlement and national reconciliation to be very shortsighted. One of the possible ways to resolve the current impasse in Libya is agreement on a draft constitution and the convening of inclusive nationwide elections. We note tangible progress on the political track. During the meeting in Morocco on 21 October, Speaker of the Libyan House of Representatives Saleh and President of the High State Council Al-Mishri agreed to conclude efforts to unite executive structures and make senior appointments within them by early 2023. We trust that the parties will continue addressing problems by strengthening confidence-building measures and compromise solutions. At the same time, we stress that setting artificial deadlines will only get in the way. Inclusivity remains the cornerstone of national reconciliation in Libya. In other words, the process should involve all leading political forces, including representatives of the former authorities. In that context, we welcome the efforts of the African Union to organize a Libya-wide national reconciliation conference. Equally important is cooperation on the security track. We share the Special Representative’s assessment of the need to resume contacts between the Chiefs of General Staff of Libya’s east and west in order to unite Libyan military structures. The Russian position on the issue of ending the foreign military presence in Libya remains unchanged. We call for a synchronized, balanced, gradual and phased withdrawal of all non-Libyan armed groups and military units, without exception. The success of the political process in Libya requires coordinated action on the part of all international and regional stakeholders aimed at seeking compromise solutions to cut the Gordian knot in Libya for the benefit of its people, rather than pursuing narrow political and parochial agendas. Attempts to manipulate the Libyan sides and unilaterally influence the situation on the ground will not resolve the problem of Libyan diarchy, but will instead entrench the divisions. Neither do we see added value in attempts to create separate mechanisms for Libyan settlement without Libyan participation, as is usually the case. We need to heed the words of the Libyan people, who have stated consistently that ill-conceived external intervention does not foster the country’s unification, but instead only hampers the political process. We continue to support the central role of the United Nations and UNSMIL as its key instrument for coordinating international mediation efforts in Libya. We hope that the country’s leading political forces stand ready to engage in substantive, constructive engagement with those mechanisms. However, it is the Libyans themselves who should play first fiddle in reaching agreement on parameters for future country arrangements. UNSMIL’s mandate will expire this week, on 31 October. Previously, we insisted on its three-month technical rollover, exclusively in the light of the unacceptable situation regarding the Mission’s leadership. Now the situation has improved, and we therefore stand ready to consider renewing it for one year and to discuss the content of a relevant Security Council draft resolution. Before I conclude, let me recall an unfortunate commemoration that falls on this week. Eleven years ago, on 20 October 2011, on the outskirts of Sirte, the former head of the Libyan Arab Jamahiriya, Muammar Al-Qaddafi, was brutally murdered. That tragic incident, resulting from NATO’s military intervention against this North-African country, ushered in the culmination of chaos. Some Western politicians were pleased and even relished the incident. Now we all understand that the military action of Western countries plunged the country into chaos and lawlessness. The Libyan people have yet to surmount the devastating effects of that tragedy. We all need to draw lessons from this and to help Libya embark on the path to sustained lasting peace. That is what we sincerely wish for our Libyan friends.

I have the honour to deliver this statement on behalf of the three African members of the Security Council, namely, Gabon, Ghana and Kenya. We warmly welcome the Special Representative of the Secretary-General, Mr. Abdoulaye Bathily, and thank him for the briefing. We congratulate him on being appointed as Special Representative and Head of the United Nations Support Mission in Libya and wish him every success. We also welcome the participation of Ambassador Taher Elsonni, Permanent Representative of Libya. We thank the Secretary-General that we now have a substantive Special Representative in Tripoli. His presence in Libya and interaction with the Libyan stakeholders is a strong signal of the Organization’s commitment to their country’s peace and security. A substantive one-year mandate will offer the Special Representative and the Mission the necessary stability to execute their mandate and will demonstrate the Council’s continued commitment. We are concerned about the persisting political stalemate, fully aware that the longer it continues, the deeper it entrenches divisions among the people. We reiterate our call to Libyan leaders to embrace the desire of the people of Libya for peace and stability and for prosperity in unity. The continued mobilization and movement of armed groups in and around Tripoli works against that common purpose. We are also concerned about the continued exchange of inflammatory rhetoric. Military means are not the solution; they only bring more suffering to civilians without winning peace. We therefore call for dialogue and reconciliation in a process owned by the people of Libya and lacking external dictates. For that reason, we fully support the Presidency Council’s efforts. The joint communiqué of the sixteenth Annual Joint Consultative Meeting between members of the United Nations Security Council and the African Union Peace and Security Council on 14 October recognizes the importance of collaboration, coordination and cooperation in  — among other things  — national reconciliation. That should be “guided by the principles of national ownership and meaningful partnerships with subregional and regional organizations”. We welcome the support of the African Union to the reconciliation process in Libya, and we look forward to the implementation of practical steps already agreed to, including the facilitation of a reconciliation meeting in Tripoli in the coming months. Using dialogue and a process of inclusive, comprehensive national reconciliation, Libyans can achieve a firm constitutional basis for elections. For that to happen most effectively, the mediating leadership of the Special Representative is critical. We therefore welcome his initial focus in engaging with all Libyan parties, including civil society, women and youth groups. We call on all sides to utilize the mediation support of the United Nations, as we recognize that all international support is valuable but should be coordinated by the United Nations for the sake of the coherence of efforts. Such coordination is also critical in preventing the negative external interference that has been characteristic of the conflict in Libya. We condemn such interference as also manifested through the presence of foreign forces, foreign fighters and mercenaries in Libya. We reiterate our demand for their immediate withdrawal. We commend the 5+5 Joint Military Commission and support its work in helping sustain the ceasefire agreement of October 2020. We urge it to continue the implementation of the action plan of October 2021 for the withdrawal of mercenaries, foreign fighters and foreign forces. Those efforts need to be supplemented with close collaboration among Libya, the United Nations, neighbouring countries and the African Union in monitoring the withdrawal. They should also incorporate deliberate corresponding disarmament, demobilization and reintegration — not only in Libya but also in the multiple countries of origin. That needs to be done in order to avoid cyclic conflict and fragility in the Sahel region, which is already facing the adverse cross-border effects of the conflict in Libya. The other disturbing regional dimension of the conflict that we must keep mentioning is the plight of migrants and refugees in Libya and in the Mediterranean. This conflict continues to expose the worst of humankind in the treatment of that vulnerable group of people, who seek better and safer lives. We demand the humane treatment of the refugees, migrants and asylum seekers as a basic requirement of international law and associated conventions. We reiterate our call for closer monitoring by the United Nations of the resources and information channels that enable that mistreatment, as we did in our previous statement on 30 August (see S/PV.9120) Recognizing the gaps that long transitions can create, we caution against the politicization and manipulation of the Libyan oil sector by external forces. We also recall that Libya’s frozen assets belong to the Libyans and are protected and preserved for the Libyans. Their administration should be done strictly in consultation with the Libyan authorities. Finally, we reaffirm our respect for Libya’s territorial integrity and sovereignty and our support for a truly Libyan-led and Libyan-owned peace process.

I thank Special Representative Abdoulaye Bathily for his first briefing to the Security Council under his new and delicate responsibility. I welcome our colleague the Permanent Representative of Libya to this meeting. The Special Representative’s remarks tell us that the situation remains volatile and that there are many outstanding issues regarding the stabilization of Libya. But we are confident that his arrival in Tripoli will bring a new dynamic to the local political process and that the process will move forward gradually, but steadily. We take note of his first meetings with various interlocutors in Libya, and we reiterate our full support for him in carrying out his mandate. We also welcome the recent meeting between the President of the High State Council and the Speaker of the House of Representatives in Morocco. We hope that direct talks between those two bodies will overcome the barriers to completing the transition period through an inclusive process, with the full participation of women and young people. I will focus briefly on three issues. First, it is imperative that the international community encourage and support the Libyan parties to move forward in organizing elections and unifying institutions. It is of concern that external actors are fomenting divisions among Libyans to promote their own geostrategic and economic interests. Such tactics only reinforce the polarization of the parties to the conflict and complicate the prospects for the political process mandated by the Security Council. Moreover, they give rise to regional tensions that threaten the stability of the central and eastern Mediterranean. Foreign interference in Libya must therefore cease, in respect for the unity, sovereignty and territorial integrity of the country. Secondly, we express our concern over the ongoing human rights violations and abuses of migrants in Libya. The report issued by the Office of the United Nations High Commissioner for Human Rights this month is a call for the Libyan authorities, together with the countries of origin and destination, to assume their responsibilities and work in a coordinated manner to protect the rights of migrants. The situation is particularly serious for migrants in detention centres. We call on the authorities to cooperate with United Nations agencies to provide mechanisms to guarantee the human rights of all migrants, including the rights to refuge and a safe and dignified return. Thirdly, we urge the parties to the conflict to refrain from actions that may lead to an escalation. Recent calls by some actors to resume fighting jeopardize the progress achieved through the ceasefire. More than 10 years of conflict in Libya have shown us that there will be no military solution. To prevent further fighting and a worsening of the humanitarian situation, Mexico stresses the need to scrupulously respect the arms embargo. We recall that all Member States have the obligation to comply with the measures adopted by the Security Council to prevent the entry of arms and ammunition into Libya. We hope that the new mandate of the United Nations Support Mission in Libya (UNSMIL) will strengthen the fight against illicit flows of small arms and light weapons, in accordance with resolution 2616 (2021). In conclusion, I reiterate my country’s support for UNSMIL. We hope that the new mandate will provide for the necessary adjustments to the Mission in order for it to meet the Council’s expectations and, above all, the Libyan people’s hope for peace and stability.

We welcome Special Representative of the Secretary-General Bathily to this meeting, and we wish him all the best in his important task. I wish to assure him of our full support for his efforts at this critical moment for Libyans. We would like to believe that his arrival in Tripoli and his engagement with the authorities, Libyan stakeholders and civil society will inject a new momentum into the stalled political process in the country. Libya needs just that: a positive energy and a strong push towards finding solutions instead of continuing to create new problems and tensions, which, as we have so often seen, rapidly lead to escalations. We believe that inclusive and extensive consultations to find a compromise that is acceptable to all parties will help to implement the independent strategic review of the United Nations Support Mission in Libya (UNSMIL), which Albania supports. We expect the Security Council to show its support and ensure that the UNSMIL mandate, soon to be renewed for one year, is truly effective and equipped with the necessary resources. Getting Libya out of the current deadlock is a challenging task, and it needs the best and continued efforts of all those involved, primarily the Council. Albania strongly believes that elections are the only way forward. Legitimacy can be secured only through elections, and that is what the Libyans need, what they want and what they deserve as the only way forward to start establishing democracy in the country and preserve its unity and integrity. It is therefore imperative that the Libyan stakeholders come together around an agreement on a constitutional basis to create the necessary conditions for inclusive, free and fair elections. That will open a new chapter, and the country needs it desperately; it will create the conditions to establish the Government and decide in fairness the equitable allocation of national resources. We welcome the resumption of dialogue between the Speaker of the House of Representatives and the President of the High Council of State in recent days. In such key moments, filled with uncertainty and high tension, as well as high stakes, time is of the essence. Leaders should be aware of the immense power and responsibility that they have. An agreement, which everyone expects, will lead to another and a better Libya, where everyone can be a winner. Instead, failure will make everyone lose — lose hope and patience and risk returning the country to chaos. Libyans deserve better than an endless political impasse, filled with heightened rhetoric in a zero-sum political game. It is equally essential that all international efforts in support of the Libyan-led and Libyan-owned stabilization process remain firmly anchored in the United Nations leadership. That is the best way to put an end to the long and destructive divisions and polarizations that have afflicted the country for more than a decade. Efforts towards national reconciliation, and the support provided by the regional actors in that regard, should be maintained. A genuine and long-lasting national reconciliation process must be based on the principles of transitional justice, with respect for the rights and needs of all Libyans, including victims of violations and abuses. Respect for human rights in Libya remains a serious issue, including where limits on freedom of expression are concerned. The free voices and active participation of civil society, human rights defenders and women and young people are essential elements for healthy, open societies. We continue to be concerned about the humanitarian situation in Libya, especially that of migrants, refugees and internally displaced persons, which the Special Representative of the Secretary-General specifically mentioned. The recent arrests of two key suspects for crimes against victims of human trafficking and human smuggling in Libya is the right approach and more should be done in that respect. We therefore believe that UNSMIL should play a stronger role in countering human rights violations and abuses and in promoting respect for the rule of law and humanitarian law, in accordance with last year’s independent strategic review. We know that democracy is a process that is neither easy nor quick. Without respect for human rights and without institutions based on law, an independent justice system and an open and lively society as key pillars, it remains an empty word and a theoretical concept. This is an issue of paramount importance for a country whose people have suffered so much in the past.

I thank the Special Representative for his briefing. At the outset, I would like to reaffirm the key objective of achieving a unified Libyan Government capable of governing the whole territory of Libya and representing all Libyans. The status quo makes Libya vulnerable to foreign interference and to attempts to destabilize and divide it. The gains of the ceasefire agreement must be maintained and its full implementation ensured. Other key priorities including implementing the plan withdrawing foreign forces, foreign fighters and mercenaries from Libya, as well as launching a demobilization, disarmament and reintegration process for militias. The violence this summer in the Tripoli area has underscored those needs, while the reunification of the Libyan armed forces is the best way to achieve a sovereign and peaceful Libya. France will continue to support the dialogue between the security actors in the east and west, especially with the support of the 5+5 Joint Military Commission, in order to preserve Libya’s unity. The arms embargo must be fully respected. In that regard, France will continue to act in support of the European Union Naval Force Mediterranean Operation IRINI, and we call on all countries acting in the Mediterranean to cooperate with it. France calls on all Libyan and regional actors to respect the sovereign rights of European Union member States. The memorandum of understanding signed in 2019 between Turkey and Libya’s Government of National Unity and any other agreements resulting from it do not comply with the international law of the sea. Such agreements cannot have legal implications for third States. Only the free expression of the will of the people can restore indisputable legitimacy in Libya. In the face of growing divisions fuelled by foreign interference, it will be essential to work to establish a new political road map. It is therefore urgent to steer Libya back towards the holding of dual presidential and parliamentary elections in the Tripoli, Cyrenaica and Fezzan regions. Only a genuine dialogue among all Libyans will make that possible. It should focus on achieving a constitutional basis and its actors must make genuine and sincere commitments to holding safe, transparent and credible elections. On the economic front, France calls for Libya to establish a mechanism for the fair and transparent redistribution of revenues for the benefit of the entire population. It will be crucial to put an end to the misappropriation of public funds, which benefits the militias in particular and fuels tensions on the ground. The human rights violations still being perpetrated in Libya are deeply shocking, especially sexual and gender-based violence and violations of the rights of migrants and refugees. France calls for those responsible to be brought to justice. We want to point out that the primary responsibility in that regard is in the hands of the Libyan authorities and encourage them to cooperate fully with the International Criminal Court. It is more important than ever for the Security Council and the United Nations to help Libya and its people tackle the challenges threatening its sovereignty, security and unity. That is why France fully supports the mediation of Special Representative Abdoulaye Bathily and a one-year renewal of the mandate of the United Nations Support Mission in Libya.

I would like to thank Special Representative Bathily for his briefing and update on the current situation in Libya. The United States welcomes his appointment as Head of the United Nations Support Mission in Libya (UNSMIL) and offers its full support to him as he works for peace and stability in Libya. His arrival in Tripoli is an opportunity to reinvigorate the political process. We encourage UNSMIL to take the lead on pressing forward towards agreement on a constitutional basis and a clear timeline for elections, the establishment of a transparent mechanism for the allocation of oil revenues and the resolute commitment of all parties to refraining from the use of force. We continue to call on Libyans to participate in the United Nations-led effort to settle the constitutional basis for elections, an objective that has been close to agreement on several occasions. We encourage swift decisions on eligibility criteria for presidential elections and careful thought as to how key Libyan actors will interact after the elections. It is imperative that a credible and realistic electoral timetable be established quickly, including arrangements for the independent organization, oversight and observation of the electoral process by the highly competent High National Election Commission. There should be clear expectations about when any sitting official seeking to run for office must step down. We note that those who obstruct or undermine the successful completion of Libya’s political transition may be subject to United Nations sanctions. It must be made clear to Libya’s leaders that the use of violence to advance political goals is unacceptable. The United States remains deeply concerned about the potential for further fighting following the clashes in Libya in August. All States have a clear responsibility to discourage any Libyan actions that destabilize the security situation and threaten the 2020 ceasefire agreement. The non-transparent use of Libya’s oil revenues for political and personal gain continues to prop up rival political figures, who divert funds to consolidate support, particularly among militias and foreign fighters. We should work together with the Special Representative to facilitate agreement among Libyan leaders on a mechanism for the transparent oversight and accountability of Libya’s oil resources. We welcome the Special Representative’s broad consultations and would like to see greater engagement with civil society, as well as efforts to push back against attempts by Libyan authorities and security actors to close civic space. Consultations by UNSMIL with civil-society members may crystallize for Libyan power brokers what the Libyan people seek from their leaders in a newly elected Government. Finally, we appreciate the work of the United Kingdom on the draft resolution for the renewal of UNSMIL’s mandate. We welcome the Security Council’s constructive negotiations so far and call on all Council members to continue productive engagement in order to ensure that UNSMIL has the full one-year mandate that it needs to accomplish its mission.

We would like to thank the newly appointed Special Representative of the Secretary-General for Libya, Mr. Abdoulaye Bathily, for his briefing and to ensure him of Brazil’s full support. Brazil believes that Mr. Bathily’s appointment has reopened a window of opportunity, particularly in the first few months of his mandate, for the United Nations Support Mission in Libya (UNSMIL) to be effective in its advisory role in support of a true Libyan- led and Libyan-owned political process. We therefore encourage the Special Representative to engage with all Libyan stakeholders with a sense of urgency and to build on existing agreements, including the principles agreed on in the Libyan Political Dialogue Forum. We also encourage the new Special Representative of the Secretary-General to follow through with the recommendations of the UNSMIL independent strategic review, including by strengthening the use of strategic communications to support the Mission’s activities. The organization of elections on a firm constitutional basis constitutes one important step towards unifying Government institutions in Libya. We recall the importance of other steps to ensure peace and stability in the country, as part of an integrated, strategic and coherent approach to peacebuilding. The disarmament, demobilization and reintegration of armed groups should be a priority on the security track, closely interlinked with the development conditions and the human rights situation in Libya. We acknowledge the contributions of the 5+5 Joint Military Commission as a platform for intra-Libyan dialogue to tackle the structural conditions related to armed violence. We also underline the importance of regional coordination for the return of foreign fighters to their countries of origin. The Security Council has repeatedly acknowledged the strong linkages between stability and security in Libya and in neighbouring countries, particularly in the Sahel. We therefore call for closer coordination between UNSMIL and other United Nations missions operating in the region. Brazil also highlights the involvement of the Peacebuilding Commission (PBC) in the Sahel and encourages an exchange of views between the Council and the PBC on the Libyan file. We welcomed the announcement by the Presidency Council of the launching of a national reconciliation strategy for Libya last June. We look forward to the implementation of that strategy, while taking into account the offer made by the African Union to support Libyan efforts for national reconciliation. We also thank Morocco for its efforts in support of intra-Libyan dialogue, including most recently by hosting talks between the President of the High Council of State and the Speaker of the House of Representatives over the past weekend. We are optimistic about the outcome of the most recent talks. Brazil remains concerned, however, that the persistence of the political impasse risks being instrumentalized to fuel a return to conflict and violence. We recall that there can be no military solution to the Libyan crisis. We highlight the importance of effective accountability mechanisms to further dissuade attempts to bring about political change by force. Brazil also remains concerned about the impetus to increase oil output from Libya to respond to demands in the global oil market. In the absence of a unified Government policy, including on fair and transparent revenue distribution, the parameters for the management of natural resources in Libya, as a corollary of Libyan sovereignty, should remain for Libyan national development and the well-being of all Libyans, rather than a response to foreign-driven interests and pressures. We also note with concern the persistent active management of Libyan assets frozen abroad, particularly under policies that result in the erosion of frozen funds, thereby contradicting the aim of the sanctions regime, which is to preserve those funds for the benefit of the Libyan people. Brazil recalls the conclusions of the Panel of Experts on Libya of the Committee pursuant to resolution 1970 (2011), which underscore that the active management of Libyan frozen assets is not allowed, according to paragraph 19 of resolution 1970 (2011). Finally, my delegation observes that the Council’s authorization for Member States to implement the arms embargo on Libya continues to give rise to controversy. We stress once again the importance of fully respecting the arms embargo and implementing it in accordance with the terms set out in relevant Security Council resolutions. The Council must find unity as it calls on the Libyan parties to put aside their differences and move forward in a genuine Libyan-led and Libyan- owned political process.

I thank Special Representative of the Secretary-General Bathily for his briefing and welcome the Permanent Representative of Libya to today’s meeting. Taking a political approach is the only appropriate way to resolve the Libyan issue. According to Mr. Bathily’s briefing, the political process in the country remains at an impasse. There has been no progress in forming a constitutional basis for elections, and that is worrisome. Both the House of Representatives and the High State Council have indicated their willingness to resume dialogue as soon as possible, which China welcomes. We encourage all parties in the country to step up consultations under the auspices of the United Nations and, building on the outcome of the previous dialogue, to reach agreement quickly on the constitutional basis for elections so that elections can be held and the current political impasse be resolved as soon as possible. The United Nations is the main channel of mediation for the Libyan political process. China once again welcomes the appointment of Mr. Bathily as Special Representative of the Secretary-General for Libya and his assumption of duties. That will help the United Nations Support Mission in Libya (UNSMIL) to fully resume its functions and strengthen the good offices of the United Nations. China will actively support Mr. Bathily’s work. The international community should earnestly abide by the Libyan-owned and Libyan-led principle, respect Libya’s sovereignty and territorial integrity and refrain from imposing solutions from the outside. Under the current circumstances, all parties in Libya should put the interests of the country and its people first, exercise maximum restraint and avoid the resurgence of violence. China supports the 5+5 Joint Military Commission in continuing its key role in maintaining the ceasefire and promoting the withdrawal of foreign forces and mercenaries. Foreign forces and mercenaries in Libya should withdraw as soon as possible in a balanced and orderly manner. Reconciliation is an important way to silence the guns in Libya. China welcomes the national reconciliation dialogue in Libya and supports all parties in the country in steadily advancing the strategic vision of national reconciliation in order to provide a favourable environment for advancing the political process. The African Union (AU) has a wealth of experience and successful practice in promoting reconciliation. China appreciates its efforts and continues to support the AU in helping with Libya’s reconciliation. Years of conflict have wreaked havoc in Libya. Promoting national reconciliation is the common aspiration of the Libyan people and is also a crucial way to improve the humanitarian situation. Oil is the main source of income for the country and China hopes that the resumption of oil production in Libya will spur the country’s economic development and improve people’s livelihoods. The UNSMIL mandate is about to expire. China supports the adoption by the Security Council of a draft resolution with substantive elements that will renew the mandate for a longer term. We encourage UNSMIL to continue to work in accordance with the relevant Council resolutions, focus on its core mandate, promote Libya’s political transition and support the holding of elections in Libya.

I would like to thank the Special Representative of the Secretary-General for his briefing and assure him of India’s full support. I also welcome the presence of the Libyan Ambassador at today’s meeting. The situation in Libya is indeed concerning, as we heard from the Special Representative of the Secretary- General. In the past, the Security Council expressed its condemnation of the violent clashes in Tripoli. Last month, we saw more clashes between armed groups in Libya, leading to civilian casualties. As we have noted previously, the political stalemate and the subsequent mobilization of armed groups in Libya have the potential to undermine the gains made since the signing of the ceasefire agreement in October 2020. There can be no military or armed solution to the issues facing Libya. That point needs to be emphasized by the international community, including by the Council. The immediate priority is to resolve all outstanding issues in arriving at a constitutional basis for holding presidential and parliamentary elections. The holding of elections at the earliest in a free, fair, inclusive and credible manner is an urgent imperative. Violent clashes that recur regularly between armed groups bring into focus once again the dangers posed by the continued presence of foreign forces and mercenaries in Libya, which is a violation of the Libyan ceasefire agreement of 2020 and goes against the pronouncements of the Security Council. Violations of Council resolutions, especially of provisions concerning the arms embargo, continue with blatant disregard for peace and stability in Libya and the region. I would like to reiterate what the Panel of Experts on Libya established pursuant to resolution 1973 (2011) categorically pointed out in its final report: “[t]he remainder of the training provided by [Türkiye] to the Government of National Unity Affiliated Forces is military or naval in nature and thus a violation of paragraph 9 of resolution 1970 (2011).” (S/2022/427, para. 77) We remain concerned about the resurgence of terrorist activity in Libya. We reiterate that terrorist groups and affiliated entities must not be allowed to operate unchallenged in Libya. Terrorism emanating from Libya is bound to have cascading effects in the Sahel region. It is therefore important that the international community address the issue at this stage so as to avoid its collateral consequences for the wider African continent. The political process in Libya should be fully Libyan-led and Libyan-owned, with no imposition or external interference. India, for its part, remains committed to supporting Libya and the Libyan people in their quest for lasting peace and stability.

Let me begin by welcoming our briefer, Mr. Bathily, Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya (UNSMIL), in his first briefing to the Council. The long-awaited appointment of a Special Representative is a critical step towards peace and stability in Libya and is very welcome. The Special Representative has our full support for his efforts to assist Libya on the pathway to elections and facilitate a much-needed resumption of political dialogue. We call on all actors in Libya to engage with him constructively and in good faith. We also look forward to the full implementation of the recommendations of UNSMIL’s strategic review under his leadership. We believe that it will equip the Mission to achieve optimum impact on the ground. As recently as September, in Zawiya, we were sadly reminded that the hard-won gains since the signing of the October 2021 ceasefire agreement are at risk. The politically motivated violence witnessed in Tripoli in August resulted in the deaths of almost 40 people, as well as damage to critical civilian infrastructure. It is unacceptable that Libya’s civilian population continues to bear the brunt of fighting between rival armed groups and administrations. We reiterate that all actors have a responsibility to protect civilians and must be held to account when they fail to do so. To end the cycle of violence and to avoid a serious escalation, a unified Government for all Libyans is urgently required. The only way to achieve that is through free, fair and inclusive elections. We urge the Libyan parties to come together and renew momentum towards agreeing on a constitutional basis for the holding of elections as soon as possible. We urge them to put narrow and self-serving interests aside, and to refrain from inflammatory rhetoric and from politicizing Libya’s natural resources. Furthermore, actions that could undermine regional stability should be avoided. At this precarious moment, we must not lose sight of the increasingly troubling human rights situation in Libya, including recent indications that death-penalty sentences could be issued again. Civil-society space is shrinking, and women are being expressly targeted for their activism and political participation. The vilification on social media of human rights defenders, humanitarian workers and other civil-society actors is reprehensible and comes at a steep cost to the broader population. The figures on arbitrary detention are shocking. Migrants, refugees and children are among those held in dire conditions. We encourage the United Nations, Member States and the Libyan authorities to work for human rights-based alternatives to detention. Finally, Ireland looks forward to the renewal of UNSMIL’s mandate later this week, and we are working closely with colleagues around the table to that end. Most critically, we reiterate our full support for a renewal of the mandate for the standard 12-month duration. We firmly believe that it will provide much- needed stability and predictability to the Mission at a critical and sensitive juncture for Libya. In conclusion, we reiterate our steadfast support to the United Nations, as well as international efforts, including the Berlin process, to overcome the current political deadlock and reach a sustainable Libyan-led and -owned solution.

At the outset, we welcome Mr. Bathily and thank him for his valuable briefing, wishing him every success in his task. We assure him of the United Arab Emirates’ full support for his efforts and those of the United Nations Support Mission in Libya (UNSMIL). We look forward to the renewal of UNSMIL’s mandate for one year at the end of this month. We also welcome the Permanent Representative of Libya to today’s meeting. In the light of the brutal attacks in Sabratha, where at least 15 migrants and asylum seekers were killed, we underscore the urgent need to dismantle cross-border organized crime networks in all countries of origin, transit and destination. We would like to focus on four important points in our statement today. First, the holding of parliamentary and presidential elections is a legitimate demand of the Libyan people. However, dialogue and consultations are essential if that demand is to be met. We therefore welcomed the recent meeting of various actors in Morocco and commend the efforts of the Kingdom of Morocco to that end. Paving the way for elections requires serious measures aimed at achieving inclusive and large-scale national reconciliation. In that regard, we welcome the progress made by the Libyan Presidential Council on national reconciliation with a view to providing common ground for a lasting solution to the Libyan crisis. We also await the convening of an inclusive conference with all components of Libyan society, supported by the African Union (AU). We call on the Special Representative of the Secretary-General to do his utmost to achieve convergence among Libyan stakeholders and reach the required understandings and consensus. Secondly, we stress the importance of achieving the desired results on the political front and the need to adopt meaningful measures to unify the country’s security and military institutions, as well as to ensure the concurrent, phased, gradual and balanced withdrawal of all foreign forces, foreign fighters and mercenaries from Libyan territories. We also emphasize the importance of maintaining the comprehensive ceasefire agreement, which marked its second anniversary yesterday. We look forward to the next meeting of the 5+5 Joint Military Commission under the auspices of UNSMIL. We urge the Special Representative to work alongside all stakeholders in Libya in order to address the root causes of the country’s insecurity, which affects the ordinary people of Libya worst of all. Thirdly, particular attention should be paid to the economic and humanitarian fronts. That requires the decision-makers in Libya to prioritize responding to the Libyan people’s basic needs and providing them with basic services. Libya’s natural resources must be properly utilized and the proceeds spent fairly and transparently while respecting Libya’s independent economic and financial institutions. Fourthly, we stress that Libyan women must be able to participate effectively in the decision-making process and in the Libyan dialogue and negotiations. We commend the efforts of the United Nations to advance the role of women, in coordination with all Libyan actors and institutions, in addition to the ongoing cooperation between the United Nations and social media aimed at countering misleading information and hate speech that target women. We are also concerned about the reports of acts of intimidation, violence and aggression against women who participate in public life. In conclusion, we hope that the Libyan people will succeed in finding the necessary solutions to build a unified and prosperous Libyan State and to realize their legitimate aspirations.

I now give the floor to the representative of Libya.

At the outset, I congratulate you, Mr. President, and Gabon on assuming the presidency of the Security Council this month and on managing the Council’s meetings. I also thank Mr. Bathily for his briefing and congratulate him on his important appointment as Africa’s first Special Representative of the Secretary-General for Libya. We look forward to seeing him succeed in his important role at such a decisive time in my country’s crisis. I would like to align myself with the joint statement delivered by my Kenyan colleague on behalf of the three African members of the Security Council. We are encouraged by Mr. Bathily’s expeditious work from Libya. We also welcomed his statements at the very outset and his determination to communicate with all Libyan parties without exception and to listen to them on the political, economic and security situations in the country. One of his priorities is to establish a conciliatory approach in Libya, leading to the holding of credible elections that reflect the will of the Libyan people as soon as possible. We hope that he will be able to build on the accomplishments of his predecessors, while avoiding any repetitions of past experiences and mistakes, in order to ultimately achieve different results. The Libyan people have high hopes for Mr. Bathily and want to see an end to their crises in which the will of nearly 3 million voters is expressed through the holding of elections. In that context, we commend the Security Council on its current consensus on the possibility of appointing a Special Envoy of the Secretary-General after nearly a year. We also anticipate the impending extension of UNMIL’s mandate through the adoption by consensus of a draft resolution to renew support for the political process, which will give us hope with regard to the Security Council’s determination to resolve the political crisis in Libya. We therefore call on Council members to take additional constructive steps to support stability in my country and end international division on the issue. We also welcome the various efforts made recently by many friendly countries that have met with Libyan parties and their efforts to find effective solutions to the current crisis. In that regard, we hope that all such efforts can be focused and avoid disagreement in order to achieve the sole goal of supporting a Libyan-owned and Libyan-led solution. The first step involves establishing a constitutional basis for holding presidential and parliamentary elections and ending all the transitional phases that Libya has endured for more than 10 years. The Libyan people and I attentively listened to Council members’ statements today. It is clear that there is unanimous consensus on the importance of holding such elections. Together, let us show Libyans that the Council is serious about that issue. We know that the crisis in Libya is complex and complicated and will not be resolved only by holding elections, but that will be an important step towards reaching a solution and ending the crisis of legitimacy. Thereafter, we will be able to work together to find decisive solutions to other challenges. We reiterate once again our request to the Council to support the Government and the High National Electoral Commission by sending teams as soon as possible to assess our needs and to provide the logistical and technical support necessary for advancing the electoral process, in parallel with other political and legal tracks. That will be an important indicator of the international community’s seriousness in supporting the elections and will restore the momentum that had prevailed last December. The differences of opinion among some parties on holding elections must not prevent us from moving ahead. We would also like to recall the efforts of the Joint Military Commission, which despite the challenges continues its attempts to implement the ceasefire agreements. Supporting the Commission is therefore very important, as it can play a pivotal role in unifying military institutions, which have been divided, and can also serve as the core of a unified army in Libya. With regard to what we have heard today concerning the regrettable events that took place in Sabratah, which unfortunately led to several casualties among migrants in their attempt to cross the Mediterranean Sea in a death boat, we condemn that criminal act, which we stress is an individual act. In the span of just 48 hours, the Attorney General and the Minister of the Interior were able to detain the culprits, and we are in the process of investigating the incident. In that regard, we reiterate our call for the international community to confront with us the international networks of gangs involved in smuggling and human trafficking, which is in the interests of all countries of origin, transit and destination, as well as Libya. All of us must work together to combat those networks. That is why we would like to reiterate our call on the Council once again to assume its responsibility and place gangs and international criminal networks involved in human trafficking on the sanctions lists and to investigate such networks not only in Libya but elsewhere. We need support for national efforts to escape the cycle of conflict and to end foreign interference, division and fragmentation. That can be achieved only through genuine national reconciliation that transcends all interests and brings stability and prosperity to the Libyan people. Such a reconciliation can greatly contribute to breaking the current political deadlock. We need to rebuild trust among all citizens of Libya, regardless of their affiliations, and to turn the page of the past in order to ensure transparency, accountability, tolerance, amnesty and reparations. The Presidential Council, as members know, has taken practical and active steps by first establishing the Supreme Commission for Reconciliation under the chairmanship of Deputy Laffy. We have also established a strategic vision for national reconciliation. A commission of legal experts has been established to draft a unified law on reconciliation and transitional justice. In that context, the Presidential Council has held many meetings with the different elements of Libyan society in order to reconcile their positions and find the best ways to move forward. The Advisory Committee held its first meeting in Tripoli several days ago, which the African Union attended, in order to pave the way for the preparatory meeting to be held in mid-November, with the participation of more than 80 members representing all cities and regions of Libya, with their diverse cultural, political and social affiliations, in order to prepare for the national reconciliation conference that is expected to be convened next year. I would like to take this opportunity to thank the African Union, which supports this dossier, and to thank the Congo as Chair of the Supreme Commission on Libya within the African Union. We hope that support, with the help of the United Nations and through its African Envoy, will be translated into concrete steps on the ground in order to achieve the goals and objectives of the desired Libyan reconciliation. We are convinced that, although all the transitional processes of the past had a technical nature based on political, economic or security elements, the most important element that has always been missing is national reconciliation, which is the cornerstone for supporting all other elements of the transition process. That is why those previous processes over the years did not succeed or were unsustainable. It is necessary to start from scratch and support all transitional processes, above all the process of national reconciliation and confidence-building among Libyans. In conclusion, and despite all those challenges, we view the recent developments with optimism. We look forward to international efforts to yield fruitful results, the most important of which is to provide support for Libya’s national determination and for meeting the aspirations of Libyan citizens. We seek partnership with all on the basis of reciprocity and respect for the national sovereignty of Libya. We are fully confident that our people will overcome this crisis. The Council must not disappoint them once again.

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.