Dialogue and settlement between key parties are necessary for the advancement of the political process in Libya, particularly the holding of elections, the top United Nations official there told the Security Council today in a meeting on the situation in the country.
Briefing the Council via video link, Abdoulaye Bathily, Special Representative of the Secretary-General for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), said the House of Representatives on 1 November published laws on the National Assembly and presidential elections. In doing so, that meant “for the first time since the elections failed in December 2021, Libya has now a constitutional and legal framework for elections in place, considered technically implementable by the High National Electoral Commission. Now, we need to build on this important achievement.” He added that “the remaining politically contested issues can only be overcome through a political settlement among the main Libyan institutional stakeholders”, and achieving that is crucial to enabling successful elections. He said that he invited key Libyan institutions — the Presidential Council, the House of Representatives, the High Council of State, the Government of National Unity and the Libyan National Army — for a preparatory meeting. “Their rivalry and lack of trust lie at the core of this prolonged crisis and stands in contradiction with the unity ordinary Libyans long for.”
He underscored that while the ceasefire continues to hold, sporadic armed clashes and other security incidents continue to be recorded in each region, highlighting the need for sustained stability and unity of military and security institutions. “The south remains a hunting ground for different armed groups,” he said. He expressed concern over the ongoing restriction of civic space and arbitrary detentions, including of political party members, academics and activists. He highlighted that over the last nine months, security actors arbitrarily detained at least 60 individuals, including children, for their actual or perceived political affiliation. The situation for migrants and refugees remains a grave concern, he said. The absence of unified and legitimate State institutions contributed to the scale of destruction and loss of life caused by Storm Daniel in Derna and surrounding areas in September, he said. The UN and humanitarian partners have reached over 203,000 people with humanitarian assistance.
He noted Libyans’ economic hardship and their demands for the end of corruption and mismanagement. Reports by the Central Bank of Libya and other oversight bodies clearly show escalations of public expenditure through questionable procedures, while the High Financial Committee established by the Presidential Council is yet to be fully operational, he said.
Yamanaka Osamu (Japan), speaking on behalf of the Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented a report covering the period from 16 October to 18 December 2023. During this period, the Committee implemented time-bound measures to prevent illicit petroleum exports from Libya until 1 February 2025. The arms embargo and asset freezes were not time-bound and continued to apply, he noted, adding that the mandate of the Panel of Experts on Libya was extended until 15 February 2025.
In the ensuing debate, speakers called for action on foreign fighters in the country, the humanitarian situation and to bring about political dialogue.
The representative of Malta said, “We continue to call on all Libyan parties and stakeholders to be guided by good faith and the national interests and work towards a peaceful electoral process.” He added that insecurity is only worsened by the continued presence of foreign fighters, forces and mercenaries whose full withdrawal should be prioritized. He also expressed concern about the potential destabilizing events in the region, including in the Sahel. Mozambique’s delegate, also speaking for Ghana and Gabon, while acknowledging that the 2020 Agreement for a Complete and Permanent Ceasefire in Libya continues to hold, voiced concern over the recurrence of armed clashes across the country. He spotlighted the commitment of Libya’s security forces, while noting that their unification requires a comprehensive approach. Turning to the humanitarian situation, he expressed concern over the dire situation of migrants, refugees and asylum-seekers, urging that country’s authorities to improve the plight of migrants and refugees. Also voicing concern over the accumulation and flow of illicit small arms and weapons of foreign origins in Libya and the Sahel region, he noted that arms trafficking has created a conducive cross-border support infrastructure for global terrorist actors and their facilitators in the region.
The representative of the United States said that achieving a credible election road map and a peaceful transition requires bringing key actors face to face at the negotiating table, welcoming the initiative of the Special Representative to “galvanize the political process”. “There is a special challenge to form a caretaker Government that has a narrow mandate to oversee elections,” he said, urging all Libyan stakeholders to name their representatives to the preparatory talks without further delay. On flood reconstruction, he urged Libyan leaders to work in a coordinated manner to ensure relief reaches all those impacted. France’s representative said the catastrophe in Derna and the ensuing mismanagement of the situation by the Government make it clear that elections cannot wait any longer.
The Russian Federation’s delegate said achieving significant success in Libya will only be possible through the joint efforts of all interested Libyan parties and influential global and regional players, with the central role played by the UN. He added, “We are in favour of a synchronized, balanced, gradual and step-by-step withdrawal of all non-Libyan armed groups and military units without exception,” saying that another important issue on the Libyan agenda is compliance with the provisions of the territorial arms embargo imposed by the Security Council.
Emphasizing the aspiration of his country’s people to “break the vicious circle” and renew legitimacy, Libya’s representative underscored the importance of Libyan ownership and leadership in leading the nation towards stability. On the efforts of the Special Representative to break the political stalemate through dialogue, he encouraged all parties to engage positively in preparatory meetings without preconditions, adding: “The main purpose is to look into the contentious issues and to find a consensus amongst all to create the environment necessary and conducive to conducting the elections.”
THE SITUATION IN LIBYA
Briefings
ABDOULAYE BATHILY, Special Representative of the Secretary-General for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), speaking via video link, noted that the country’s laws on the National Assembly and presidential elections were published by the House of Representatives on 1 November. “For the first time since the elections failed in December 2021, Libya has now a constitutional and legal framework for elections in place, considered technically implementable by the High National Electoral Commission. Now, we need to build on this important achievement.” He added that to enable successful elections and prevent a repeat of December 2021, “the remaining politically contested issues can only be overcome through a political settlement among the main Libyan institutional stakeholders”.
He said that in November, he formally invited to a meeting in the coming period the heads of five key Libyan institutions: the Presidential Council, the House of Representatives, the High Council of State, the Government of National Unity and the Libyan National Army. “These chosen actors have the capacity to either reach consensus and advance the political process or prolong the stalemate and prevent Libya from holding peaceful elections. Their rivalry and lack of trust lie at the core of this prolonged crisis and stands in contradiction with the unity ordinary Libyans long for.” He said he has requested the five to nominate three representatives each to participate in a preparatory session to agree on the parameters of the meeting of the principals, including the date, venue and agenda. He said none of them had outright rejected the invitation, but some set out conditions for their participation. The Presidential Council has shown clear and concrete support, he said. The Speaker of the House of Representatives has conditioned his participation to the agenda focusing on the formation of a new Government for elections, while also rejecting the participation of the Government of National Unity. The Prime Minister of the Government of National Unity submitted the names of its representatives and categorically rejected any discussions on a new Government. Libyan National Army commander Khalifa Haftar is ready for dialogue but has conditioned the Government of National Unity’s participation to the inclusion of the House of Representatives-appointed Government. Alternatively, he would accept to participate if both Governments were excluded.
He said he is asking for proposals on resolving outstanding issues from other segments of society, including political parties, business, civil society, women and youth. These consultations highlighted consistent calls for elections as soon as possible and fatigue and disenchantment with the delaying tactics of some political actors. He travelled to Algeria and Morocco in November and to Tunisia in December to seek support for the UN’s efforts and noted the importance of “a united regional and international front” for the processes’ success. The absence of unified and legitimate State institutions contributed to the scale of destruction and loss of life caused by Storm Daniel in Derna and surrounding areas in September. The UN and humanitarian partners have reached over 203,000 people with humanitarian assistance.
He underscored that while the ceasefire continues to hold, sporadic armed clashes and other security incidents continue to be recorded in each region, highlighting the need for sustained stability and unity of military and security institutions. “The south remains a hunting ground for different armed groups,” he said. He expressed concern over the ongoing restriction of civic space and arbitrary detentions, including of political party members, academics and activists. He highlighted that over the last nine months, security actors arbitrarily detained at least 60 individuals, including children, for their actual or perceived political affiliation. A thriving civic space is critical for the political process. The situation for migrants and refugees remains a grave concern, he said, including drownings in the Mediterranean Sea, collective expulsions into and from Libya, and increasingly dire conditions in detention centres.
He noted Libyans’ economic hardship and their demands for the end of corruption and mismanagement. Reports by the Central Bank of Libya and other oversight bodies clearly show escalations of public expenditure through questionable procedures, while the High Financial Committee established by the Presidential Council is yet to be fully operational, he said. “Libyans of all walks of life express their strong aspiration for a unified Government to lead the country to elections, legitimate and unified institutions, peace, stability and the unity of the country. The national mood is ripe for a new political deal in Libya, a new dispensation for a brighter future.”
YAMANAKA OSAMU (Japan), speaking on behalf of the Chair of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, presented a report covering the period from 16 October to 18 December 2023. During this period, the Committee implemented time-bound measures to prevent illicit petroleum exports from Libya until 1 February 2025. The arms embargo and asset freezes were not time-bound and continued to apply, he noted, adding that the panel of experts’ mandate was extended until 15 February 2025. In November, the Secretary-General appointed six individuals to serve on the Panel of Experts on Libya.
Turning to the final written report received from Operation IRINI regarding a vessel inspection conducted off the coast of Libya on 18 July 2022, he said that there was an absence of consensus among Committee members regarding possible follow-up actions. The Committee also granted exemptions to the travel ban for humanitarian purposes to two individuals on its list. In November, the Committee amended five entries on its sanctions list based on communications contained in the final report of the Panel of Experts, he said, reiterating the Committee’s commitment to promoting peace and stability in Libya.
Statements
JAMES KARIUKI (United Kingdom), welcoming efforts to convene representatives of the five major stakeholders in a preparatory meeting to resolve outstanding issues related to elections, noted that only three of five invited parties — the High State Council, Government of National Unity and Presidential Council — have nominated representatives. Reiterating his expectation that Libya’s leaders should respond to the invitation constructively, he added: “To do otherwise prevents progress towards the elections that 2.8 million Libyans have registered for.” He expressed concern over the shrinking space for civil society and human rights violations against migrants and refugees, drawing attention to the recent shipwreck off Libya’s coast in which 61 migrants drowned. As the country begins reconstruction following September floods, its public funds must be used for the benefit of all Libyans with the people having a voice on how public money is spent, he said.
DARREN CAMILLERI (Malta) said his country remains supportive of all activities seeking to overcome the impasse in Libya. “We continue to call on all Libyan parties and stakeholders to be guided by good faith and the national interests and work towards peaceful electoral process,” he said, highlighting that the continuation of the status quo will further entrench divergent positions. He underlined that any such process must ensure the full, equal, meaningful and safe participation of women as voters, candidates and observers. “The lack of a secure environment undermines the country’s ability to fulfil its economic potential to the detriment of the population’s economic and social well-being,” he stressed, adding that this insecurity is only worsened by the continued presence of foreign fighters, forces and mercenaries whose full withdrawal should be prioritized. He also expressed concern about the potential destabilizing events in the region, including in the Sahel.
PASCALE CHRISTINE BAERISWYL (Switzerland) spotlighting the 16 December shipwreck off the coast of Libya in which 61 migrants drowned, recalled that when human rights are not respected, instability, suffering and inequality follow. Voicing concern over repression of human rights defenders and freedom of expression in Libya, she said that it is “high time” the elections are held in line with the aspirations of the Libyan people. Elections should be inclusive of youth and women, who must be allowed to vote and run for office. Compromise and collaboration will be essential, she said, calling on key players to accept the Special Representative’s invitation to a preparatory meeting regarding elections. Further, resolution 2664 (2022) must be fully implemented, she stressed, noting that an Implementation Assistance Notice had been adopted by the Committee to that end. Human rights must remain at the centre of governance. Switzerland is committed to this principle and the same is expected of the international community, including Libya.
PEDRO COMISSÁRIO AFONSO (Mozambique), also speaking for Ghana and Gabon, said: “We are only six days away from marking two years since elections in Libya were postponed in 2021.” Reiterating a call for inclusive participation of women and youth in the political process, he urged Libyans to remain committed to dialogue and reconciliation. While acknowledging that the 2020 Agreement for a Complete and Permanent Ceasefire in Libya continues to hold, he voiced concern over the recurrence of armed clashes across the country. He spotlighted the commitment of Libya’s security forces, while noting that their unification requires a comprehensive approach. Turning to the humanitarian situation, he expressed concern over the dire situation of migrants, refugees and asylum-seekers, urging that country’s authorities to improve the plight of migrants and refugees.
Also voicing concern over the accumulation and flow of illicit small arms and weapons of foreign origins in Libya and the Sahel region, he noted that arms trafficking has created a conducive cross border support infrastructure for global terrorist actors and their facilitators in the region. Calling for the immediate departure of foreign forces and foreign fighters from Libya, he added: “Their departure is essential for a favourable and conducive environment for the advancement of the ongoing political process.” Such withdrawal should be done in coordination with neighbouring States, as well as through disarmament, demobilization and reintegration to avoid the expansion of the conflict into the region, he asserted.
ALBANA DAUTLLARI (Albania) said “the deadlock of the Libyan political process continues to delay the most important and the only way towards building a democratic future for the country — holding free, fair, inclusive and transparent national elections”. She added that leaders disregard the need to engage and compromise through addressing the issues through a political settlement. She welcomed the Special Representative’s efforts to advance the political process. She highlighted that it is important that political dialogue, reconciliation efforts and future elections are conducted without arbitrary arrests. She expressed concern over the shrinking of civic space. The political instability has impacted the security situation in the country, and Libyan stabilization remains a priority because of its negative impact on the region. She called for the full withdrawal of foreign mercenaries from Libya. She said a UN-mediated political solution based on inclusive dialogue, with a view to holding elections, is the right solution for the country.
JOHN KELLEY (United States) said that achieving a credible elections road map and a peaceful transition requires bringing key actors face to face at the negotiating table, welcoming the initiative of the Special Representative to “galvanize the political process”. “There is a special challenge to form a caretaker Government that has a narrow mandate to oversee elections,” he said, urging all Libyan stakeholders to name their representatives to the preparatory talks without further delay. Highlighting “active leadership and ownership of the Libyan people” as key to achieving an inclusive political process, he supported the Special Representative in conducting parallel consultations with a wider spectrum of Libyan stakeholders to share their proposals with institutional stakeholders. On flood reconstruction, he urged Libyan leaders to work in a coordinated manner to ensure relief reaches all those impacted. He also joined the call for Libyan authorities to reverse the trend towards shrinking civic space.
Mr. YAMANAKA (Japan) underscored the Council’s strong commitment to maintaining Libya’s peace and security by unanimously adopting in October two resolutions, renewing the sanctions regime and the mandate of UNSMIL. This year saw some steps forward in the Libyan-led and Libyan-owned political process facilitated by the United Nations, with the Special Representative supporting the sides in reaching agreements on electoral laws and facilitating the 5+5 Joint Military Commission, he said. Calling on those in power to embrace democratic transition, he welcomed the Special Representative’s initiative to bring the five key Libyan actors together for election preparations. Turning to the humanitarian and human rights situation, he described as “worrying” unlawful arrests, detentions and restrictions on freedom of movement, especially for women, adding: “Cross border human trafficking networks must be dismantled.” Noting that these activities are conducted by security apparatus and armed groups, he said establishment of a unified and legitimate Government through elections is crucial.
DMITRY A. POLYANSKIY (Russian Federation) said the knot of contradictions between Libyans needs to be untied by themselves as achieving significant success in the country will only be possible through the joint efforts of all interested Libyan parties and influential global and regional players, with the central role played by the UN. He stressed that an essential condition for the success of the political process is its inclusiveness — it needs to encompass all of the major Libyan players, including representatives of the former authorities. “There is no time to waste — the situation on the ground is far from stable,” he emphasized. “We are in favour of a synchronized, balanced, gradual and step-by-step withdrawal of all non-Libyan armed groups and military units without exception,” he said, adding that another important issue on the Libyan agenda is compliance with the provisions of the territorial arms embargo imposed by the Security Council.
NORBERTO MORETTI (Brazil) stressing that the path towards parliamentary and presidential elections in Libya must be Libyan-led and Libyan-owned, encouraged institutional stakeholders to engage in a spirit of compromise. Welcoming the Special Representative’s initiative to discuss the elections with a wide spectrum of Libyan stakeholders, he urged them to overcome their differences on the implementation of the electoral laws as soon as possible, based on nationwide consensus. “The sustainability of any political settlement depends on the respect by all stakeholders of Libya’s right to conduct its affairs without foreign interference,” he said, pointing to the unification of government institutions that could be assisted by the international community. Similarly, Libyan ownership and control over its natural resources should be respected, he stressed, urging to ensure transparency and accountability of public spending. He also urged the domestic authorities to consult the Committee before taking decisions that can impact the status of Libyan frozen funds.
NATHALIE BROADHURST ESTIVAL (France) stressed that resolving the crisis in the Libya requires that its people take ownership of the process. The catastrophe in Derna and the ensuing mismanagement of the situation by the Government make it clear that elections cannot wait any longer. Welcoming advances such as the electoral laws adopted with the help of the 6+6 Committee and other efforts from regional partners, she said that the next steps must include establishing a timeline, as well as developing an inter-Libyan agreement on executive transition. France stands ready to aid in this dialogue as it has done since 2017. The sovereignty and unity of Libya must be restored to achieve stability in the region, she said, noting that her country supports the reunification of the army under the “aegis” of the 5+5 Committee and two Heads of State. Moreover, France will support Tripoli’s efforts to facilitate the withdrawal of all mercenaries and foreign combatants from Libya, an essential condition to a stable and sovereign country.
DAI BING (China) said that some European countries — which have been deflecting responsibility for protecting refugees without any concern over human rights violations — cannot evade blame for the recurrence of tragedies related to migrants’ deaths in Libya’s waters. “We need to have more sense of urgency in resolving Libya’s issues,” he added. Recalling that Libya’s parties recently engaged in a dialogue on a road map for elections, he urged them to build on the results and dispel their differences. External interference and imposed solutions will not bring stability, he noted, calling on the parties to “explore the path of development”. Stressing that external forces and mercenaries should withdraw, he pointed to recent clashes along the Libya-Chad border. With the resumption of oil production, the country’s economy is expected to grow 14 per cent in 2023, he reported. Noting the concerns of the Libyan authorities about the freezing of their assets abroad, he called on the Council to address this issue.
MOHAMED ISSA ABUSHAHAB (United Arab Emirates) said many obstacles, particularly divisions, still must be addressed. He stressed “the interest of the Libyan people must be put above all considerations”. He added, “The political process must remain the primary and only option for establishing security and stability”, meaning committing to dialogue to resolve differences. He highlighted that continuing mediation efforts by the UN and Special Envoy are crucial to building bridges. He said the future of Libya and its people depends on de-escalation and refraining from the use of force to restore security. A simultaneous and phased removal of all foreign forces, foreign fighters and mercenaries from Libya is essential for security and stability, and the root causes of terrorism must be addressed. Regions affected by the floods still need support, for basic services to resume, he said. Security, political and humanitarian tracks must be paralleled with focusing on economic and development paths, which are essential for long-term stability.
ANDRÉS EFREN MONTALVO SOSA (Ecuador), Council President for the month, speaking in his national capacity, said his country calls on the Libyan political institutions and all parties to resolve their differences through a dialogue facilitated by the United Nations, enabling free, transparent and inclusive presidential and parliamentary elections as soon as possible. “Ecuador hopes that all of the political processes in Libya will safeguard women’s full, equal, meaningful and safe participation and will include young people and civil society,” he said, adding that respect for civic space and for the right of individuals to exercise their freedom of expression is fundamental for Libya’s democratic transition. He expressed hope that reconstruction and compensation efforts of the communities affected by the storm will be carried out in a coordinated and transparent manner. “We encourage UNSMIL to continue supporting the efforts of the 5+5 Joint Military Commission in the implementation of the 2020 ceasefire agreement,” he said, stressing that the Council must continue to closely watch the situation of migrants, refugees and asylum-seekers in Libya.
TAHER M.T. EL-SONNI (Libya) emphasizing the aspiration of the Libyan people to “break the vicious circle” and renew legitimacy, underscored the importance of Libyan ownership and leadership in leading the country towards stability. Noting that Libya’s people “stood in unison to help the cities and regions that were flooded by the Daniel storm”, he expressed hope that this solidarity will be demonstrated in addressing the ongoing political crisis. Turning to the efforts of the Special Representative to break the political stalemate through dialogue, he encouraged all parties to engage positively in preparatory meetings without preconditions, adding: “The main purpose is to look into the contentious issues and to find a consensus amongst all to create the environment necessary and conducive to conducting the elections.”
Turning to the issue of human rights, especially migration concerns, he emphasized that Libya cannot address this complex issue alone. He further pointed to double standards, particularly in the context of “the aggressive offensive of Israel against the Gaza Strip”, highlighting discrepancies in international responses to human rights violations. Reiterating that Libya, through the Arab Group, “will spare no effort to put an end to this aggression against the Palestinian people”, he urged the Council to take responsibility and to implement a resolution on humanitarian aid to Gaza, put forward by the United Arab Emirates.
https://press.un.org/en/2023/sc15535.doc.htm
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