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Resolution 2215 (2018)
The situation in Libya: prospects and role of the Council of Europe
1. The Parliamentary Assembly regrets
that the “Revolution of 17 February”, which occurred in Libya in 2011
in the wake of the Arab Spring, was not able to result in a successful
political transition and also that foreign military interventions
did not contribute to the return of domestic stability. It notes
that the two elections held in 2012 and 2014 did not make it possible
to avoid a serious fragmentation of the country at institutional, regional
and societal levels. This fragmentation plunged the country into
chaos and, for the European continent, resulted in an increased
security risk and migratory flows. The Assembly notes that the collapse
of Libyan Arab Jamahiriya led to the complete disappearance of a
unified government apparatus and service infrastructure.
2. Bearing in mind that the first victims of the situation in
Libya are above all the Libyans themselves, the Assembly calls on
all the parties to prevent and to stop committing violations of
human rights and humanitarian law, and to protect the human rights
and fundamental freedoms of persons belonging to vulnerable groups such
as displaced persons, women, children, human rights defenders and
media professionals.
3. The Assembly also condemns all discrimination against women,
whether with regard to their freedom of movement or their right
to pass on their nationality to their children.
4. The Assembly notes that the situation in Libya has contributed
and still contributes directly to the destabilisation of the region.
Initially, there were large-scale economic repercussions, affecting
countries such as Tunisia and Egypt, which lost a major trading
partner and were deprived of the funds transferred by their nationals
employed in Libya. It soon became a security problem owing to the
plunder of Libyan arsenals, the spread of terrorist groups in the
Sahel-Saharan region and the return to their countries of origin
of mercenaries employed by the Gaddafi regime.
5. The Assembly notes and welcomes the successes in the fight
against terrorism in Libya, particularly against Daesh, which has
not been able to establish itself in a lasting manner in Libya,
as it did in Syria and Iraq. In this context, it points out that
this fight must be carried out with due regard for Libya’s sovereignty, independence
and territorial integrity.
6. The Assembly is perfectly aware that between 2014 and 2016,
one of the Council of Europe member States, Italy, had to cope with
the arrival of very large numbers of migrants coming from Libya,
some of whom came from countries where the respect for human rights
was not under threat. It notes that the European Union’s response,
particularly its Triton and Sophia air and sea operations, resulted
in a reduction of nearly 32% of arrivals on the Italian coasts between
November 2016 and November 2017, that these operations have saved
over 200 000 lives since 2014 and that the European Union provides
much of the funding for the activities of the United Nations High
Commissioner for Refugees (UNHCR) and the International Organisation for
Migration in aid of refugees and migrants.
7. Nonetheless, the Assembly calls on the Council of Europe member
States to comply with their obligations under Article 3 of the European
Convention on Human Rights (ETS No. 5), which requires them to refrain
from sending migrants back to countries where they are exposed to
the risk of torture and inhuman or degrading treatment or punishment.
8. The Assembly recognises that this is a real risk in Libya,
as demonstrated by the regular reports from the United Nations Secretary-General
to the Security Council, the reports and studies of the United Nations High
Commissioner for Human Rights, the reports of the United Nations
Support Mission in Libya (UNSMIL), the reports of non-governmental
organisations (NGOs) and various news reports providing evidence
of slavery.
9. The Assembly urges the member States of the Council of Europe,
and in particular those members which are also members of the European
Union, to do more than simply manage the migration phenomenon as
it currently applies to Libya, and to devise a new framework to
protect migrants, examine asylum applications in dignified conditions
and respect State sovereignty regarding access to territory.
10. In this connection, the Assembly supports recent moves to:
10.1. have the asylum applications
of persons considered by the UNHCR to be “extremely vulnerable” investigated
in safer, adjoining countries, as the French Office for the Protection
of Refugees and Stateless Persons has recently done. In this context,
the Assembly asks member States and the international community
to propose groups of protected persons to the UNHCR as a precondition
for dealing with potential beneficiaries in Libya;
10.2. prevent irregular migrants from entering Libya by reinforcing
border security at the southern border in Fezzan;
10.3. set up a task force involving European and African States
to combat human traffickers, as decided at the African Union–European
Union Summit in Abidjan on 29 and 30 November 2017.
11. In parallel with the establishment of this new framework,
the Assembly calls on European Union member States to:
11.1. make any co-operation with the
Libyan Coast Guard dependent on its respect for refugees’ and migrants’
fundamental rights, particularly by refraining from exposing them
to situations in which they risk being subjected to severe ill-treatment,
in accordance with Resolution
2174 (2017) on human rights implications of the European
response to transit migration across the Mediterranean;
11.2. ensure that all co-operation with the Libyan Coast Guard
is contingent on a system of monitoring and sanctions which will
ensure compliance with international law in Libyan waters and that
this co-operation is immediately suspended in the case of repeated
human rights violations;
11.3. ensure that the Libyan Coast Guard is trained in international
human rights law and the law of the sea, including the principle
of non-refoulement, and follow
the rules of the high seas in order to support rescue missions and
facilitate co-operation with humanitarian NGOs in civil rescue operations,
with the aim of avoiding endangering the lives of refugees and migrants;
11.4. delay the setting up of a new Maritime Rescue Co-ordination
Centre in Libya until capacity-building measures have proved successful
in improving governance structures;
11.5. propose an alternative solution to the detention centres
officially managed by the Ministry of the Interior, where migrants
are cooped up in conditions which UNSMIL describes as inhuman, and
which are reported by the High Commissioner for Human Rights to
be broken beyond repair. The dismantlement of the detention centres
and the creation of transit and departure facilities allowing the transfer
of refugees, on a voluntary basis, to third countries could be a
viable solution, on the condition that the management of these facilities
by the Libyan authorities really respects human rights;
11.6. carry out an exhaustive financial and results-based assessment
of the success of the implementation of the principles set out in
the 2017 Malta Declaration.
12. The Assembly also urges member States to step up their contributions
to development co-operation with the countries to the south of Libya,
which will help to reduce the number of departures from countries
not in conflict.
13. The Assembly unreservedly supports the action plan for the
resumption of an inclusive political process for Libya which the
Special Representative of the United Nations Secretary-General for
Libya presented on 20 September 2017. It considers that the Libyan
Political Agreement signed in Skhirat on 17 December 2015 is still
the only framework in which an end can be brought to the Libyan
crisis, that only the institutions deriving from this, particularly
the Government of National Accord, have, quite rightly, obtained
international recognition, and that the validity of this agreement
extends beyond 17 December 2017.
14. The Assembly welcomes the fact that the Special Representative
wishes to make this Agreement more effective by prompting the various
parties to amend those provisions which currently impede its full
application.
15. The Assembly supports the Special Representative’s efforts
to promote the most inclusive possible dialogue between Libyans,
without outside interference. It believes that the national conference
provided for by the action plan should enable Libyan players who
have been ostracised or who have purposely distanced themselves
from the Libyan Political Agreement to be involved in the current
political negotiations. The Assembly calls on the Special Representative
of the Secretary-General of the United Nations for Libya and the Libyan
authorities to:
15.1. ensure that
this national conference can be attended by representatives not
only of the relevant political and military forces but also of social
movements, tribes and local stakeholders;
15.2. draw a clear line between the inclusive nature of the
national conference, which might enable non-jihadist militias to
take part, and accepting some of the practices of these militias,
particularly those which claim to be Madkhalists, whose aim is to
impose restrictions on public freedoms in the name of a radical
view of Islam.
16. The Assembly considers that the adoption of a Libyan constitutional
framework is a prerequisite for holding parliamentary and presidential
elections. It takes the view that if it is difficult to reach agreement
on all the provisions of the draft constitution, at least those
provisions which relate to the functioning of the institutional
authorities, in Chapter 3 of the draft constitution, should be adopted.
This minimum constitutional framework should be adopted before parliamentary
and presidential elections are held.
17. The Assembly agrees with the Special Representative that elections
should only be held if their results cannot be contested by any
of the various Libyan players and that this concern should take
precedence over any desire to hold the elections as quickly as possible.
If this condition is respected, the Assembly is prepared to provide
assistance to the Libyan authorities with election observation when
they consider this to be appropriate.
18. The Assembly points out that, alongside dialogue between Libyans,
national reconciliation cannot be brought about unless justice is
done through transitional courts, international courts for the most
serious crimes, or so-called hybrid courts, in other words partly
national courts with a considerable international presence.
19. Being aware that only the establishment of unified State structures
will help to end widespread and daily violations of human rights
and humanitarian law in Libya, and will be able, in the long term,
to reduce the terrorist threat and stem migration flows, which are
realities affecting the member States directly, the Assembly considers
that the Council of Europe should contribute to the efforts of the
UNSMIL to this end, bearing in mind its expertise in institutional
matters and the objectives set by the Special Representative of
the United Nations Secretary-General for Libya in his action plan
of 20 September 2017. Its contribution could, in particular, focus on:
19.1. the drafting of the Libyan Constitution,
through the European Commission for Democracy through Law (Venice
Commission);
19.2. the establishment of support for electoral procedures
in preparation for a constitutional referendum and then for parliamentary
and presidential elections, the Assembly being prepared, for its part,
to serve as an election observer;
19.3. the creation of a media environment capable of reporting
on the above elections, keeping as much as possible in line with
international ethical standards for journalists.