Libya (S/2014/106)

The final report of the Panel of Experts submitted to the Security Council dated 19 February 2014 (S/2014/106) ​focused on the

implementation of the measures imposed by resolution 1970 (2011).

This final report of the Panel of Experts established pursuant to Security Council resolution 1973 (2011) concerning Libya presented an

analysis of the implementation of the measures imposed by SCR 1970 (2011), including the arms embargo, asset freeze and travel ban,

outlining the Panel’s findings and presenting recommendations to the Council.

There was no substantive attention to women, peace and security concerns in this 68-page report (plus annexes).

Although much of this report was rather technical and transactional in detail, there were nevertheless many missed opportunities to

effectively address women peace and security concerns within its contents. At the outset of the report, the authors provided an overview of

the political and security context in Libya, yet neglected to offer any mention of women’s involvement in unfolding events nor of the effects

of these developments upon the lives of women. Importantly, much of this report focused upon the implementation of the arms embargo and

the concern for weapons proliferation, yet there was no reference to the distinct ways that the illicit proliferation of arms can have

deleterious effects upon women and children.

This final report of the Panel of Experts did not address the most recent MAP recommendations on the situation in Libya (June 2013),

although the June 2013 MAP was geared towards the Secretary-General report on the UN Mission in Libya (UNSMIL) and so was not really

relevant to the Panel of Experts report.

The previous report from the Panel of Experts established pursuant to SCR 1973 (2011) concerning Libya, S/2013/99, provided a similar

overview of the implementation of the arms embargo, travel ban and asset freeze, but again made no reference to women peace and

security.

The report of the Secretary-General on UNSMIL, dated 26 February 2014 (S/2014/131) ​focused on the situation in Libya.

Pursuant to Security Council Resolution 2095 (2013), this report of the Secretary-General covered political and security developments in

Libya, an overview of the human rights situation, and activities of the United Nations Support Mission in Libya (UNSMIL) since the last

Secretary-General report of 5 September 2013 (S/2013/516). The report emphasized the deterioration of the security situation in Libya

(especially in, but not limited to, Benghazi and the east); increasing frustration amongst the Libyan population about the slow pace of

political and security reforms; the urgent need for an inclusive national dialogue and consensus on a range of defining issues, including the

political system, functions and roles of state institutions, reform of the security sector and national reconciliation; disruptions to Libya’s oil

and gas sector by armed groups and unarmed protestors; a constitution-drafting process overshadowed by political and security fallout; the

continued detention of less than 7,000 people in relation to the 2011 conflict mostly by armed brigades outside the control of the

government; the need for a security plan to be adopted for the justice sector; the encouraging adoption of the law on transitional justice;

and the activities of UNSMIL in supporting the Libyan government.

This report evidenced some attention to women, peace and security concerns, especially with regards to women’s participation in the

Constitutional Drafting Assembly. UNDP trained women’s rights advocates on the electoral elements of the constitutional process (para.15);

the electoral process for the Constitution Drafting Assembly includes six seats (out of 60) reserved for women (para.27); the National Election

Commission list included 64 women candidates out of a total of 649, with 54 women candidates contesting the six reserved seats for women

(para.28); and UNSMIL and UNDP conducted information and strategy sessions for women candidates (para.31). The report also pointed to the

representation of women within UNSMIL staff (paras.83-85), and acknowledged the Mission’s small core of relatively Senior Advisors on a

range of technical issues, including women’s empowerment (para.83).

Finally, the report also included one paragraph on violence against women, which highlighted the Minister of Justice having submitted a draft

law on the care of women victims of rape and violence to the General National Congress, as Libya’s current legislation does not ensure

adequate protection in this regard. The draft law foresees the provision of reparations, including compensation, health care, psychosocial

support and shelter (para.46).

There were several references to women, peace and security concerns in this report, but most were limited to the Constitution Drafting

Assembly. Such limited remarks were similar to the previous report (S/2013/516), and there was no mention of women, peace and security in

the concluding ‘Observations’ section. Therefore, the Secretary-General missed the opportunity to mainstream a gender perspective

throughout the report, articulating the need for women’s full and effective participation in other critical areas of transition (beyond a sole

focus on the Constitution Drafting Assembly), including in the national dialogue and other conflict resolution, mediation and peacebuilding

processes, as well as within political, economic and social life more broadly. It was also imperative that more attention be given to women’s

protection needs, especially in the context of a deteriorating security situation (although the draft law on the care of women victims of rape

and violence, if adopted, is encouraging, but it nonetheless required accompanying preventive actions to be taken). Finally, women should

be fully engaged in security sector reform processes, and their specific needs should form a critical component of program design.

In response to the most recent MAP on the situation in Libya (June 2013), this report touched upon several of the recommendations. It did

mention efforts towards building the capacity of female candidates for the Constitution Drafting Assembly, called for the humane treatment

of detainees in accordance with international human rights standards, and cites the draft law on the care of women victims of rape and

violence. However, there was no mention of women’s participation in other key areas of reform (including the political process,

reconciliation and reconstruction), nor was there any inclusion of women’s specific protection needs beyond the one mention of the draft

law.

The previous Secretary-General report on UNSMIL, S/2013/516, was quite similar on women, peace and security, as most of its remarks were

again limited to women’s participation in the Constitution Drafting Assembly. However, the previous report also highlighted the promotion of

women’s participation in the broader elections.