United Nations Security Council Resolution 2434 – The situation in Libya

Resolution 2434 (2018)

The Security Council,

Recalling its resolution 1970 (2011) and all its subsequent resolutions on Libya,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Taking note of the reports of the Secretary-General on the United Nations Support Mission in Libya (UNSMIL) (S/2018/140) and (S/2018/780),

Expressing its strong support for the ongoing efforts of UNSMIL and the Special Representative of the Secretary-General (SRSG), Ghassan Salamé, reaffirming its endorsement of and full support for the United Nations Action Plan for Libya, reiterating its call for all Libyans to work together in the spirit of compromise as part of the inclusive political process under the leadership of the SRSG, and underscoring the importance of the United Nations central role in facilitating a Libyan-led and Libyan-owned political solution to bring security, political and economic sustainability and national unity to Libya,

Welcoming the UN-brokered ceasefire in Tripoli, recalling the Security Council Press Statement of 6 September condemning violence in Tripoli and calling on all parties to exercise restraint, protect civilians and engage seriously in national reconciliation,

Recalling its resolution 2259 (2015) which endorses the Rome Communiqué of 13 December 2015 to support the Government of National Accord (GNA) as the sole legitimate government of Libya, with Prime Minister Fayez Serraj as the leader of the Presidency Council,

Reiterating its support for the full implementation of the Libyan Political Agreement (LPA) of Skhirat, Morocco signed on 17 December 2015 to form a GNA consisting of the Presidency Council and Cabinet supported by the other institutions of state including the House of Representatives and State Council,

Welcoming the endorsement in principle of the LPA by the House of Representatives on 25 January 2016 and the subsequent meetings of the Libyan Political Dialogue which reaffirmed its commitment to uphold the LPA, and reaffirming that the LPA remains the only viable framework to end the Libyan political crisis,

Emphasizing the importance of continued inclusiveness, strongly encouragingthe GNA to engage with all parties in support of reconciliation and to enhance political outreach throughout Libya, and urging all parties and institutions in Libya to engage constructively with the LPA in good faith and with sustained political will,

Welcoming recent efforts to strengthen an inclusive political dialogue among all Libyans, including important efforts by Libya’s neighbours, international partners and regional organizations, and the meeting in Paris on 25 July 2017 and the Joint Declaration issued after the meeting as set out in a Security Council press statement on 27 July 2017, within the framework of the LPA endorsed by resolution 2259 (2015), and supporting the Secretary-General’s call to consolidate the various initiatives under the leadership of the United Nations,

Welcoming the National Conference process launched by the SRSG which led to dialogue sessions amongst Libyan communities across the country, with seventy-six events in forty-three locations,

Recalling its Presidential Statement of 6 June 2018, taking note of the SRSG’s call on 21 May 2018 for parliamentary and presidential elections to be held in Libya as soon as possible, provided the necessary security, technical, legislative and political conditions are in place, and welcoming the momentum generated by the international conference on Libya hosted in Paris on 29 May 2018, recalling the SRSG’s urgent call to Libyan leaders to stand by their commitments in Paris, as well as the commitment of the Libyan parties to work constructively with the UN to organize credible and peaceful parliamentary and Presidential elections, and to respect the results of these elections,

Welcoming the work of the High National Electoral Commission in preparing for electoral events and the efforts of the Central Committee for Municipal Council Elections to conduct municipal elections, and further welcoming UNSMIL’s support for this work,

Recognizing the key role of the SRSG in consulting with Libyan parties to set the constitutional basis for elections and to adopt the necessary electoral laws,

Reiterating its call on all Libyans to improve the atmosphere for national elections by all means possible, including by working constructively towards the unification of Libya’s military and economic institutions; unified and strengthened national security forces, under civilian government authority; and unification of the Libyan Central Bank,

Stressing that ensuring security and defending Libya from terrorism must be the task of unified and strengthened national security forces under the sole authority of the GNA in accordance with the LPA,

Recalling events in the Oil Crescent and the Security Council’s Press Statement of 19 July 2018 welcoming the announcement that Libya’s National Oil Corporation (NOC) had resumed its work on behalf, and for the benefit, of all Libyans to whom Libya’s oil resources belong, that Libya’s oil resources need to remain under the exclusive control of the NOC, and that the GNA retains sole oversight over Libya ’s economic and financial institutions,

Recalling the need for Member States to cease support to and official contact with parallel institutions that claim to be the legitimate authority but are outside of the LPA, as stipulated by it,

Urging the full, equal and effective participation of women in all activities relating to the democratic transition, conflict resolution and peacebuilding, supporting the efforts of the SRSG to facilitate wider engagement and participation of women from across the spectrum of Libyan society in the political process and public institutions,

Calling on the Libyan authorities to prevent and respond to sexual violence in conflict, including ending impunity for sexual and gender-based violence crimes in line with relevant Security Council resolutions, including its resolutions 1325 (2000), 2106 (2013), 2122 (2013), 2242 (2015) and 2331 (2016),

Reaffirming the need for all parties in Libya to engage constructively with the United Nations and refrain from any actions that could undermine UN-mediated political dialogue and reiterating that there can be no military solution in Libya,

Further reaffirming that all parties must comply with their obligations under international humanitarian law and international human rights law, as applicable, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable,

Encouraging the GNA to finalize interim security arrangements for stabilizing Libya as a critical step towards tackling Libya’s political, security, humanitarian, economic and institutional challenges, recognizing the need for the GNA to plan for disarmament, demobilization and reintegration of armed groups in that regard, and encouraging the GNA to continue stabilization efforts in affected cities to consolidate gains against terrorism,

Expressing grave concern at the deteriorating humanitarian situation in Libya, including deteriorating living standards, insufficient provision of basic services, and at the situation faced by migrants, refugees and internally displaced people, and calling on all parties to respect international law, including international humanitarian law and international human rights law, as applicable, and further calling on the Libyan authorities to take all steps necessary to investigate violations and abuses, including torture, sexual and gender-based violence, and mistreatment in prisons and detention centres, and to hold those responsible to account,

Reiterating its concern at the smuggling of migrants and refugees and human trafficking through Libya, emphasizing the decision to sanction six human traffickers and migrant smugglers in Libya on 8 June 2018 and welcoming the work of UNSMIL in coordinating and supporting the provision of humanitarian assistance for refugees and migrants through the UN Country Team, particularly the UN High Commissio ner for Refugees and the International Organization for Migration, ensuring compliance with the Human Rights Due Diligence Policy,

Taking note of the economic dialogue taking place in Libya and the region, welcoming UNSMIL’s role in support of the dialogue towards economic reform, further welcoming the commitment of the representatives of the Presidency Council, the Government of National Accord, the Central Bank of Libya, the Audit Bureau and the National Oil Corporation to alleviate urgently the suffering of the Libyan people by speeding up the delivery of public services, improving liquidity, addressing the economy of predation, such as the black market foreign exchange rate, and welcoming the increase in oil production,

Encouraging the GNA and the Central Bank of Libya to implement, without further delay, agreed upon and much needed economic measures, recalling the request to UNSMIL and the SRSG, at the request of Prime Minister Serraj, to support the facilitation of a financial review of economic and financial institutions, to support efforts of reunifying these institutions, and emphasizing the importance of collaboration with international financial institutions,

Reiterating its request that all Member States support fully the efforts of the SRSG and work with the Libyan authorities and UNSMIL to develop a coordinated package of support to build the capacity of the GNA, in line with Libyan priorities and in response to requests for assistance, and further reiterating its call upon all parties to cooperate fully with the activities of UNSMIL, including taking necessary steps to ensure the security and unhindered movement of United Nations and associated personnel,

Encouraging UNSMIL to continue to prioritize its tasks and mediation efforts in full consultation with the Presidency Council and other Libyan institutions and in response to its needs and the evolving situation in the country,

Underscoring the importance of ensuring that existing sanctions measures are fully implemented and that cooperation continues with Libyan authorities to ensure violations are reported to the United Nations Sanctions Committee, and recalling in that regard that individuals or entities engaging in, or providing support for, acts that threaten the peace, stability or security of Libya may be designated for targeted sanctions, pursuant to resolution 2213 (2015),

Recalling its determination in its resolution 2213 (2015) that the situation in Libya continues to constitute a threat to international peace and security,

1. Decides to extend until 15 September 2019 the mandate of UNSMIL, under the leadership of the Special Representative of the Secretary-General, as an integrated special political mission, in full accordance with the principles of national ownership to exercise mediation and good offices to support:

(i) an inclusive political process and security and economic dialogue within the framework of the Libyan Political Agreement and UN Action Plan;

(ii) continued implementation of the Libyan Political Agreement;

(iii) consolidation of the governance, security and economic arrangements of the Government of National Accord, including support for economic reform in collaboration with international financial institutions; and(iv) subsequent phases of the Libyan transition process, including the constitutional process and the organization of elections;

2. Further decides that UNSMIL, within operational and security constraints, should undertake the following tasks:

(i) support to key Libyan institutions;

(ii) support, on request, for the provision of essential services, and delivery of humanitarian assistance and in accordance with humanitarian principles;

(iii) human rights monitoring and reporting;

(iv) support for securing uncontrolled arms and related materiel and countering their proliferation; and

3. Requests the Secretary-General to reassess a series of detailed objectives for the implementation of UNSMIL’s mandated tasks, to include a particular focus on the steps required to set the constitutional basis for elections and to advance the political process from its current trajectory, and to report on progress towards these objectives in his regular reporting;

4. Requests UNSMIL to take fully into account a gender perspective throughout its mandate and to assist the GNA in ensuring the full and effective participation of women in the democratic transition, reconciliation efforts, the security sector and in national institutions, as well as the protection of women and girls from sexual and gender-based violence, in line with resolution 1325 (2000);

5. Recognizes that since 30 March 2016 UNSMIL has facilitated a consistent presence in Libya to support the Presidency Council and Temporary Security Committee and welcomes UNSMIL’s progress in re-establishing a presence in Tripoli and its plans to re-establish a presence in Benghazi and other parts of Libya, through a phased return, as security conditions allow and to make the necessary security arrangements to this effect;

6. Welcomes progress, and encourages continued work towards, comprehensive political strategy as well as the greater integration with and strategic co-ordination of UNSMIL and United Nations agencies, funds and programmes in Libya to support GNA-led efforts towards the stabilization of Libya;

7. Requests the Secretary-General to continue to report to the Security Council on the implementation of this resolution at least every 60 days;

8. Requests the Secretary-General to report as necessary following consultations with the Libyan authorities on recommendations for UNSMIL’s support to the subsequent phases of the Libyan transition process and UNSMIL’s security arrangements;

9. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 8350th meeting, on 13 September 2018.