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United Nations Security Council Resolution 2542 –The situation in Libya

United Nations Security Council Resolution 2542 –The situation in Libya

Resolution 2542 (2020)

The Security Council,

Recalling its resolution 1970 (2011) and all its subsequent resolutions on Libya, including resolutions 2259 (2015), 2486 (2019) and 2510 (2020),

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

Taking note of the report of the Secretary-General on the United Nations Support Mission in Libya (UNSMIL) (S/2020/832),

Expressing its strong support for the ongoing efforts of UNSMIL and thankingformer Special Representative of the Secretary-General, Ghassan Salamé, for all his tireless work and Acting Special Representative of the Secretary-General Stephanie Williams for her efforts,

Underscoring the importance of the United Nations’ central role in facilitating a Libyan-led and Libyan-owned inclusive political process and in achieving a lasting ceasefire,

Recognising the need for increasing and enhancing dialogue with both the Libyan parties and international actors in order to facilitate a Libyan-led and Libyan-owned inclusive political process, and further recognising the urgency of the Secretary-General appointing a Special Envoy on Libya,

Calling on all parties to work together in the spirit of compromise, to refrain from any actions that could undermine the political process, to exercise restraint, to protect civilians and to engage seriously in national reconciliation, recalling that there can be no military solution in Libya, and reiterating calls for all parties to commit without delay to a lasting ceasefire and political dialogue under the leadership of the Special Envoy of the secretary-General,

Expressing grave concern over ongoing hostilities in Libya, and the targeting and destruction of civilian objects, further expressing concern over the exploitation of the conflict by terrorist and violent extremist groups, and noting the impact of the conflict on neighbouring countries and the region,

Urging the parties to ensure the full, equal, effective and meaningful participation of women in all activities and decision-making relating to democratic transition, conflict resolution and peacebuilding, recognising the need to protectwomen’s rights organisations, and women peacebuilders from threats and reprisals and supporting the efforts of the Special Envoy of the Secretary-General and UNSMIL to facilitate wider engagement and participation of women from across the spectrum of Libyan society in the political process and public institutions, recognising that the political process should be inclusive of all Libyans,

Urging the full, effective and meaningful participation of youth in peace efforts,

Recalling the commitment of the Libyan parties to work constructively with the UN to organise credible and peaceful parliamentary and Presidential elections and to respect the results of these elections, as agreed by the Libyan parties in Paris in May 2018, in Palermo in November 2018, and in Abu Dhabi in February 2019, welcoming the continued work of the High National Electoral Commission and the Central Committee for Municipal Council Elections to prepare for and conduct national and municipal elections, further welcoming UNSMIL’s support for this work, and recognising the key role of the Special Envoy of the Secretary-General and UNSMIL 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 work constructively towards the unification of Libya’s military and economic institutions; establishing unified and strengthened national security forces under civilian government authority; and a unified Libyan Central Bank,

Recognising the need to plan for the disarmament, demobilisation and reintegration of armed groups, security sector reform and to establish an inclusive, civilian-led security architecture for Libya as a whole,

Welcoming the economic dialogue taking place in Libya and the region and UNSMIL’s role in support, calling on the Libyan authorities to work towards reunification of economic institutions, to restore vital infrastructure, to improve service delivery and improve the transparency and accountability of public institutions, further welcoming UNSMIL’s role in supporting an independent audit of the Central Bank, emphasising the importance of collaboration with international financial institutions, and expressing concern at the interference by armed groups in Libya’s sovereign institutions,

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Recalling that Libya’s oil resources are for the benefit of all Libyans and need to remain under the exclusive control of the National Oil Corporation, condemning the forced shutdown of oil facilities and recalling that the Government of National Accord (GNA) retains sole oversight over Libya’s economic and financial institutions, with a responsibility to ensure the transparent, equitable and accountable management of revenue across the whole country,

Recalling the need for Member States to cease support to and official contact with parallel institutions outside of the Libyan Political Agreement (LPA), as stipulated therein,

Expressing grave concern at the deteriorating humanitarian situation in Libya, including deteriorating living standards and insufficient provision of basic services, and at the situation faced by migrants, refugees and internally displaced people, including their exposure to sexual and gender-based violence, and calling on the Libyan authorities to take steps towards the closing of detention centres and to alleviate urgently the suffering of all people in Libya by speeding up the delivery of public services to all parts of the country,

Urging all parties to implement the relevant resolutions on the Women, Peace and Security Agenda and to prevent and respond to sexual violence in conflict, and calling on the Libyan authorities to end impunity for sexual and gender-based violence crimes in line with relevant Security Council resolutions, including resolution 1325 (2000),

Recalling resolution 2510 (2020) which demanded that all parties to the conflict comply with their obligations under international humanitarian law,

Emphasising that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable,

Calling on the Libyan authorities to take all steps necessary to investigate violations of international human rights law and reports of abuses of human rights, including torture, sexual and gender-based violence, and mistreatment in prisons and detention centres, and to hold those responsible to account,

Recalling the importance of the protection of children, as set out in relevant Security Council resolutions, and taking appropriate measures in this regard, expressing concern about reported violations and abuses against children in Libya in particular those involving the killing and maiming of children, the abductions of children, sexual violence committed against children, the recruitment or use of children, the denial of humanitarian access for children and attacks against schools and hospitals in violation of international law, and urging all parties to immediately end such practices,

Reiterating its grave concern at the smuggling of migrants and refugees and human trafficking through Libya, and welcoming the work of UNSMIL in coordinating and supporting the provision of humanitarian assistance for refugees and migrants,

Recalling resolution 2532 (2020), expressing grave concern about the devastating impact of the COVID-19 pandemic in Libya and noting the restrictions on international travel caused by the COVID-19 pandemic,

Reiterating its request that all Member States support fully the efforts of the Special Envoy of the Secretary-General and UNSMIL, calling on Member States to use their influence with the parties to bring about a lasting ceasefire and inclusive political process, recognising the important role of neighbouring countries and regional organisations, notably the African Union, League of Arab States and the European Union, further reiterating its call upon all parties to cooperate fully with the activities of UNSMIL, including taking all necessary steps to ensure the security and unhindered movement of United Nations and associated personnel and thanking the Government of Tunisia for its support,

Recalling the commitment of the participants of the Berlin Conference to refrain from interference in the armed conflict or in the internal affairs of Libya and their call on international actors to do the same,

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Underscoring the importance of ensuring that existing sanctions measures are fully implemented and that violations are reported to the United Nations Sanctions Committee, established pursuant to resolution 1970 (2011), 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 2441 (2018) and subsequent resolutions,

Calling for full compliance with the arms embargo by all Member States, in line with resolution 2441 (2018) and all of its subsequent and previous resolutions on the embargo, and further calling on all Member States not to intervene in the conflict or take measures that exacerbate the conflict,

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 2021 the mandate of UNSMIL, as an integrated special political mission, in full accordance with the principles of national ownership, to exercise mediation and through its good offices to:

(i) further an inclusive political process and security and economic dialogue;

(ii) further the continued implementation of the LPA;

(iii) help consolidate the governance, security and economic arrangements of the Government of National Accord, including support for economic reform in collaboration with international financial institutions;

(iv) help to achieve a ceasefire and, once it is agreed by the Libyan parties, provide appropriate support to its implementation;

(v) support subsequent phases of the Libyan transition process, including the constitutional process and the organisation of elections;

(vi) coordinate and engage closely with international actors including neighbouring countries and regional organisations;

(vii) provide support to key Libyan institutions;

(viii) support, on request, the provision of essential services and delivery of humanitarian assistance, including in response to the COVID-19 pandemic, in accordance with humanitarian principles;

(ix) monitor and report abuses and violations of human rights and violations of international humanitarian law, including sexual violence in conflict, notably through the effective deployment of women and child protection advisers;

(x) provide support in securing uncontrolled arms and related materiel and countering their proliferation; and(xi) co-ordinate international assistance, and provision of advice and assista

nce to GNA-led efforts to stabilise post-conflict zones, including those liberated from Da’esh;

2. Further decides that UNSMIL should be led by a Special Envoy of the Secretary-General who should exercise overall leadership of UNSMIL with a particular focus on good offices and mediation with Libyan and international actors to end the conflict and that, under the authority of the Special Envoy, an UNSMIL Coordinator shall be in charge of UNSMIL’s day-to-day operations and management and requests that the Secretary-General appoint his Special Envoy without delay;

3. Requests that UNSMIL shall report to the Security Council through the Special Envoy of the Secretary-General;

4. Requests the Secretary-General to assess the steps required to reach a lasting ceasefire, the possible role of UNSMIL in providing scalable ceasefire support alongside his interim report on the proposals for effective ceasefire monitoring under the auspices of the UN, and his recommendations to the Council on the options reflected in the operationalisation paper as contained in S/2020/63, as requested in resolution 2510 (2020), which should be submitted, with the necessary updates, no later than 60 days after the adoption of this resolution, and the steps required to advance the political process from its current trajectory, and to include a report on progress towards these objectives in his regular reporting;

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5. Requests that the Secretary-General, in accordance with best practices, conduct and provide the Security Council, no later than 31 July 2021, with an independent strategic review of UNSMIL, including:

(i) an assessment and recommendations for improving the efficiency of UNSMIL’s overall mission structure, prioritisation of tasks and the capacity and effectiveness of staffing, including on mediation and peace process management;

(ii) further assessment of the options for effective ceasefire monitoring under the auspices of the UN including additional recommendations as necessary;

6. Requests the Secretary-General to include in his regular reporting UN efforts to address the COVID-19 pandemic and the impact of the COVID-19 pandemic on the ability of UNSMIL to deliver its mandated tasks;

7. Recalls its decision that all Member States shall comply with the arms embargo, demands full compliance including by all Member States with the arms embargo imposed under resolution 1970 (2011), as modified by subsequent resolutions, including by ceasing all support for and withdrawing all armed mercenary personnel and demands all Member States not to intervene in the conflict or take measures that exacerbate the conflict, welcomes efforts by the Libya Sanctions Committee’s Panel of Experts to investigate violations of the arms embargo, further welcomes the cooperation between the relevant United Nations bodies, including UNSMIL, and other interested parties with the Panel of Experts and notes its intention to hold those who violate the arms embargo accountable through its Sanctions Committee;

8. Requests UNSMIL to take fully into account a gender perspective throughout its mandate and to assist the GNA in ensuring the full, effective and meaningful participation and leadership 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 including sexual violence in conflict, in line with resolution 1325 (2000) and further requests enhanced reporting by UNSMIL on these issues;

9. Welcomes progress in, and encourages continued work towards, a comprehensive political strategy, as well as the greater integration and strategic co-ordination of UNSMIL and United Nations agencies, funds and programmes in Libya to support GNA-led efforts towards the stabilisation of Libya and requests the Secretary-General to include updates on progress in his regular reporting;

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

11. 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 to ensure it remains agile and responsive to developments on the ground;

12. Decides to remain actively seized of the matter

Adopted by the Security Council at its 8758th meeting, on 15 September 2020

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