Libya (S/PV.7075)

Security Council 7075th meeting on the situation in Libya (S/PV.7075),​took place on 9 December 2013.

On 9 December 2013, Mr. Tarek Mitri – Special Representative of the Secretary-General (SRSG) and Head of the United Nations Support

Mission in Libya (UNSMIL), and Mr. Eugène-Richard Gasana – Permanent Representative of Rwanda and Chair of the Security Council

Committee established pursuant to resolution 1970 (2011), briefed (S/PV.7075)​the Security Council on the situation in Libya. The briefing

touched upon the tenuous security situation with persistent public anger about the armed brigades and the State’s inability to monopolize

the use of armed force; the need for an inclusive national dialogue to defuse excessive political polarization; the continued detention with

documented torture of more than 8,000 conflict-related detainees outside of State control; a new transitional justice law promulgated by the

General National Congress; information on proliferation and destruction of arms; and progress towards the election of a 60-member

constitution-drafting assembly.

Women, peace and security concerns were mentioned in the context of the constitution-drafting assembly, with 74 female candidates

contesting the six (of 60) seats reserved for women. A newly-established national women’s network had also developed a joint action plan to

empower women and strengthen their participation in the political process, with a particular view to these upcoming elections. In addition,

the SRSG referenced a meeting he convened with 40 leaders, including women, on the management of the democratic transition process.

Although women’s participation in the constitution-drafting assembly election process was a positive development, briefings on the situation

in Libya have largely confined the women, peace and security agenda to this topic alone. The SRSG therefore missed the opportunity to

emphasize the importance of women’s roles in the national dialogue (with the exception of the fact that he did include women in his

consultative meeting in November) and in other efforts to resolve the ongoing security and political crises. Critically, the briefing also

neglected a gender analysis of SSR, DDR and the proliferation of arms and ammunition, and made no mention of gender-specific

considerations in the transitional justice law or the continuing maltreatment of detainees.

There was some overlap between the briefing and the most recent MAP on Libya (June 2013), especially in regards to women’s political

participation in electoral processes, and in UNSMIL’s capacity-building work with the judicial police to bring detention centers in line with

international human rights standards. But the SRSG missed most of the MAP recommendations, including those calling for women’s full and

equal participation in reconciliation and reconstruction efforts, urging accountability for and protection from serious and ongoing crimes, and

training security officers to identify, respond to, and protect individuals from gender-based violence and abuses at polling sites.

The previous briefing on the situation in Libya, S/PV.7031, was similarly limited in its gender analysis, also confining its women, peace and

security references to the participation of women in regards to the Constitution Drafting Assembly and electoral processes.

The Security Council issued a presidential statement on the situation in Libya (S/PRST/2013/21) ​on 16 December 2013.

This presidential statement expressed grave concern at the worsening security situation and political divisions, and called for urgent progress

in inclusive national dialogue, the constitutional process, DDR, SSR, the threat posed by unsecured arms and ammunition, and the continued

arbitrary detention of thousands of persons held outside the authority of the state.

There was no reference to women, peace and security.

Despite a mandate with fairly significant attention given to women, peace and security, this presidential statement gave no specific

consideration to the promotion and protection of women’s rights. It therefore missed the opportunity to stress women’s inclusion in the

national dialogue, constitution-drafting, DDR and SSR processes; to offer a gender analysis of illicit arms proliferation; and to underscore the

gender-specific protection and assistance needs of female detainees and other women and girls affected and threatened by the insecure

environment.

In relation to the most recent MAP on Libya (June 2013), the PRST offered broad references to civilian protection, especially in regards to

illegal detention centers, but gave no specific attention to women, peace and security. Therefore, there was no mention of women’s critical

role in political, electoral, reconciliation and peacebuilding efforts, nor of training security officers to identify, respond to, and protect

individuals from gender-based violence and abuses at polling sites.

This was the first PRST on the situation in Libya for years, but in relation to the most recent resolution, S/RES/2095 (2013), this PRST was

very weak. SCR 2095 called for the promotion and protection of women’s human rights; accountability for the perpetration of serious

violations of international humanitarian law and human rights law, including sexual violence; the empowerment and political participation of

all parts of Libyan society, in particular women and minorities, including in the constitutional drafting process; the further development of

Libyan civil society; and the development of defense, police and security institutions that are capable, accountable, respectful of human

rights and accessible and responsive to women and vulnerable groups. Despite that strong foundation, this PRST afforded no attention to

women, peace and security.

The report of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya (S/2013/790)​from 31 December 2013 focused on sanctions’ enforcement.

The report of the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya, dated 31 December 2013

(S/2013/790) reported on the imposed sanctions and its enforcement. The report was divided into the following five sections: Introduction;

Background information; Summary of the activities of the Committee; Violations and alleged violations of the sanctions regime; and

Observations. The report discussed the ever-evolving role of the Security Council sanctions regime in Libya adopting seven resolutions within

a span of 32 months reflecting the responsiveness of the Council and its objective in preventing further violence and supporting a peaceful

and stable government transition.

Women, peace and security issues were not referenced in this report.

The report missed numerous opportunities to include a gender perspective when reporting on sanctions violations. Further, the report failed

to include perpetrators accountable for sexual and gender-based violence within designated travel bans, asset freezes and other measures.

Finally, the report failed to realize the negative impact of gender-based violence on the stability and success for the Libyan-led transition

and rebuilding process as well as for regional security.

In relation to the recommendations put forth in the June 2013 MAP, the report’s record was inadequate. The MAP called for women’s full and

equal participation in the political process, reconciliation, and reconstruction efforts.[1] The MAP further called for accountability for crimes

including sexual and gender-based violence and for a gender based perspective within the security sector.[2] The Council could have

strengthened its efforts to include a separate criteria for reporting on sexual and gender-based violence as well as call for

information-sharing between the Special Representative on Sexual Violence in Conflict and the sanctions committees and associated expert

groups.

The absence of women, peace and security in the report of the Security Council Committee of 31 December 2013 (S/2013/790) was on par

with the previous report of the Security Council Committee of 9 January 2013 (S/2012/983). Neither report incorporated a gender lens when

discussing and reporting on violations of human rights abuses in regards to the sanctions regime in Libya.