MORNING - Human Rights Council Hears that there are Reasonable Grounds to Believe that Crimes against Humanity have been Committed against Libyans and Migrants throughout Libya since 2016 and that New Mechanisms are Needed
Council Hears Presentation of Reports on Technical Assistance Efforts by the Office of the High Commissioner and on the Voluntary Fund for Technical Cooperation in the Field of Human Rights, Holds General Debate on Agenda Item 10 on Technical Assistance and Capacity Building
The Human Rights Council this morning held an interactive dialogue with the Independent Fact-Finding Mission on Libya. It then heard the presentation of the annual oral update by the Office of the High Commissioner for Human Rights providing an overview of and information on successes and challenges in technical assistance and capacity building, and of a report of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights, followed by a general debate on agenda item 10 on technical assistance and capacity building.
Mohamed Auajjar, Chair of the Independent Fact-Finding Mission on Libya, said the situation in Libya was still very dire. Violations continued unabated, and fundamental freedoms and the human rights situation had deteriorated. Therefore, the Fact-Finding Mission on Libya urged the Human Rights Council to establish an independent, international investigation mechanism. The Mission also called on the Office of the United Nations High Commissioner for Human Rights to establish a distinct and autonomous mechanism with an ongoing mandate to monitor and report on gross human rights violations in Libya, with a view to assisting the Libyan authorities in achieving transitional justice and accountability. The Mission had found reasonable grounds to believe that crimes against humanity were committed against Libyans and migrants throughout Libya, in the context of deprivation of liberty since 2016. The Mission regretted that these crimes continued to be committed until today. The Mission also documented and made findings on numerous cases of arbitrary detention, murder, torture, rape, enslavement, sexual slavery, and enforced disappearance, confirming their widespread practice in Libya.
Libya, speaking as a country concerned, said that the purpose of the Fact-Finding Mission was to assist the Libyan authorities to promote human rights, fight impunity, and activate the transitional justice process. Libya rejected the recommendations related to the establishment of an international commission of inquiry and a permanent follow-up mechanism for the human rights situation in Libya, which was a departure from the mandate established for this Mission. Its findings were surprising, considering the actions taken by the authorities to prosecute the perpetrators of violations and provide justice to the victims. The violations documented in the report of the Commission of Inquiry reflected the exceptional circumstances within the country. Libya hosted nearly one million illegal immigrants, and transnational efforts were needed to address this issue.
In the ensuing discussion, some speakers said that in light of the deteriorating human rights situation in Libya, the Council should continue its engagement on Libya’s efforts to end impunity, which would also benefit national reconciliation. Libya was urged to implement the recommendations of the Fact-Finding Mission. Serious concern was expressed about reports of torture, sexual and gender-based violence, enslavement including sexual slavery, enforced disappearances, arbitrary detention and other human rights violations and abuses against Libyans, migrants, refugees and asylum seekers, some of which could amount to crimes against humanity. Accountability for violations and abuses committed was key. Libya should hold accountable all those responsible. Some speakers rejected the call to set up an ad-hoc mechanism without the agreement of the country. Libya should set up a national human rights mechanism to draft national plans and monitor the implementation of recommendations made by treaty bodies and during the Universal Periodic Review. Transitional justice was the best way to ensure peace and stability.
Speaking in the discussion were Finland on behalf of a group of countries, Qatar on behalf of a group of Arab States, European Union, Côte d'Ivoire on behalf of a group of African States, United Nations Women, Qatar, Sierra Leone, Germany, United States, China, France, Tunisia, United Nations Children's Fund, Luxembourg, Costa Rica, Switzerland, Bahrain, Iraq, Morocco, Venezuela Egypt, Netherlands, United Kingdom, Spain, Sudan, South Sudan, Greece, Türkiye, Jordan, Italy, Malta, Senegal, Algeria, Mauritania, Yemen, Botswana, Ireland, Saudi Arabia, Congo, and Niger.
Also speaking were Human Rights Watch, Human Rights Solidarity Organization, Aman against Discrimination, Amnesty International, Cairo Institute for Human Rights Studies, International Commission of Jurists, International Service for Human Rights, Rencontre Africaine pour la defense des droits de l'homme, Interfaith International, Alliance internationale pour la défense des droits et des libertés , Maat for Peace, Development and Human Rights Association, Meezaan Center for Human Rights, and International Alliance for the Defence of Rights and Liberties.
The Council then heard the presentation of two reports.
Christian Salazar Volkmann, Director, Field Operations and Technical Cooperation Division, Office of the High Commissioner for Human Rights, said the Office offered technical cooperation in all fields of human rights to respond to important human rights challenges and opportunities identified through monitoring, reporting and root cause analysis. It strived to connect the recommendations of the global human rights system to national contexts and national implementation. It strived to engage in partnerships with a large variety of national stakeholders to respond quickly in helping to protect people when their rights were being violated, and to grasp local opportunities for advancing human rights. It helped with legal reform, the administration of justice, security sector reform, fiscal and budgetary policies, business and human rights, social protection, capacity building for national human rights institutions, protection of human rights defenders, and empowerment of civil society. The Office would continue to improve and expand its technical cooperation, seeking to support States and civil society with solutions that stemmed from universal human rights but were tailored to the specific circumstances and the specific needs of each country.
Azita Berar Awad, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said the Voluntary Fund was the second largest trust fund administered by the Office of the High Commissioner for Human Rights, and in 2022, it continued to be a key resource providing financial support for technical cooperation in implementation of international human rights norms and standards at the national level. During the fifty-fourth session, the Board focused on the contribution of the United Nations’ system to enhancing in-country respect for human rights. In particular, the Board reviewed the efforts undertaken to integrate human rights as part of various ongoing reforms in the areas of development, peace and security, and how the technical cooperation that the Office provided was sustaining those efforts. The Board welcomed the increase in voluntary contributions and in the expansion of requests from Member States. The current world situation with multiple crises, particularly impacting the most vulnerable segments of the society, called for strengthening predictable and sustained financial support to the Office and the programmes it supported at national and regional levels.
In the general debate on technical assistance and capacity building, many speakers welcomed the support provided by the Fund to assist countries with various challenges that negatively affected their human rights situations. The Office of the High Commissioner for Human Rights should scale up its efforts to provide technical cooperation and capacity building, and mainstream it throughout the United Nations, particularly with regard to efforts to ensure the right to sustainable development. Some speakers said the Council’s technical assistance should only be extended upon the request of the State concerned. Mandate holders should take into account the specificities, including cultural, social and historical, of States. Some speakers said all States should cooperate with the Office, including by providing it with unrestricted access to monitor and report on human rights situations on the ground.
Speaking in the debate were Qatar on behalf of a group of Arab States, Côte d'Ivoire on behalf of a group of African States, Pakistan on behalf of the Organization of Islamic Cooperation, Oman on behalf of the Gulf Cooperation Council, Sweden on behalf of the European Union, Thailand on behalf of the Association of Southeast Asian Nations, Azerbaijan on behalf of the Non-Aligned Movement, Dominican Republic(on behalf of a group of countries, United States, China, Finland, Lithuania, Germany, Luxembourg, Qatar, France, United Arab Emirates, Costa Rica, India, Nepal, Malaysia, South Africa, Maldives, Georgia, Gambia, Algeria, United Kingdom, Malawi, Benin, Cuba, Ukraine, Cameroon, Tunisia, Russian Federation, Burkina Faso, Sierra Leone, Venezuela, Latvia, Tanzania, Bahrain, Egypt, Iraq, Togo, South Sudan, Samoa, Mauritius, Libya, Lesotho, Philippines, Afghanistan, Thailand, Yemen, Azerbaijan, Bulgaria, Ireland, Iran, Mozambique, Australia, International Humanitarian Fact-Finding Commission, and Cambodia.
Also speaking were Institute for Reporters' Freedom and Safety, Institute for Human Rights, Asian Forum for Human Rights and Development, Iraqi Development Organization, Organisation internationale pour les pays les moins avancés, Sikh Human Rights Group, Les Caribous Libérés, Lawyers' Rights Watch Canada, International Organization for the Elimination of All Forms of Racial Discrimination, Fitilla, Association Culturelle des Tamouls en France, Le Pont, and Association pour le Droit de l’Homme et Le Développement Durable.
Speaking in right of reply were Russian Federation and Cambodia.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.
The Council will next meet at 2 p.m. to start taking action on draft resolutions and decisions.
Interactive Dialogue with the Independent Fact-Finding Mission on Libya
Report
The Council has before it the final report of the Independent Fact-Finding Mission on Libya (A/HRC/52.83)
Presentation of Report
MOHAMED AUAJJAR, Chair of the Independent Fact-Finding Mission on Libya, said the situation in Libya was still very dire. Violations continued unabated, and fundamental freedoms and the human rights situation had deteriorated. Therefore, the Fact-Finding Mission on Libya urged the Human Rights Council to establish an independent, international investigation mechanism. The Mission also called on the Office of the United Nations High Commissioner for Human Rights to establish a distinct and autonomous mechanism with an ongoing mandate to monitor and report on gross human rights violations in Libya, with a view to assisting the Libyan authorities in achieving transitional justice and accountability. The Mission had found reasonable grounds to believe that crimes against humanity were committed against Libyans and migrants throughout Libya, in the context of deprivation of liberty since 2016. The Mission regretted that these crimes continued to be committed until today. The Mission also documented and made findings on numerous cases of arbitrary detention, murder, torture, rape, enslavement, sexual slavery, and enforced disappearance, confirming their widespread practice in Libya.
The violations and abuses investigated by the Mission were connected primarily to the consolidation of power and wealth by militias and other State-affiliated groups through, for instance, the misappropriation of public funds. The Mission expressed its deep concern over laws and decisions that may exacerbate restrictions imposed on civil society and public freedoms. The Mission also expressed its concern over the systematic discrimination against women in Libya. In addition to its main report, the Mission had prepared an annexed report that further detailed the gross violations continuously committed in Libya.
The Mission stressed that all its previous recommendations remained relevant and must be implemented. In its final report, the Mission presented a wide range of recommendations to the authorities in Libya to investigate and prosecute individuals allegedly responsible for violations and abuses; to undertake effective disarmament of illegal arms, in addition to demobilisation, reintegration and rehabilitation measures to establish integrated armed and security forces in keeping with international standards and practices; to cease all military trials of civilians and halt the implementation of judgments issued by military courts against civilians; to organise the irregular entry and stay of migrants in Libya pursuant to international human rights standards, and immediately release arbitrarily detained migrants; to dismantle secret prisons and immediately release all persons arbitrarily detained; and to cooperate fully with the United Nations human rights system and the International Criminal Court.
Statement by Country Concerned
Libya , speaking as a country concerned, said that the purpose of the Fact-Finding Mission was to assist the Libyan authorities to promote human rights, fight impunity, and activate the transitional justice process. Libya rejected the recommendations related to the establishment of an international commission of inquiry and a permanent follow-up mechanism for the human rights situation in Libya, which was a departure from the mandate established for this Mission. Its findings were surprising, considering the actions taken by the authorities to prosecute the perpetrators of violations and provide justice to the victims.
The violations documented in the report of the Commission of Inquiry reflected the exceptional circumstances within the country. The Government had recently established a national mechanism for the preparation of national human rights reports and follow-up and the implementation of recommendations; issued a decision granting the children of Libyan female citizens married to foreigners all the rights prescribed for citizens; improved the quality of health, education and social services, including raising the level of wages for public sector employees; and the Prime Minister had issued a decree allowing all national and international organizations to operate freely until the completion of registration and practice procedures.
Libya hosted nearly one million illegal immigrants, and transnational efforts were needed to address this issue. Law enforcement authorities had succeeded in dismantling dozens of human trafficking and migrant smuggling networks and had referred many of those involved to the judiciary. Libya had submitted a new draft resolution on providing technical support and capacity building to national authorities to strengthen their capacity to fulfil their international obligations in the field of human rights, and called for this resolution to be adopted.
Discussion
In light of the deteriorating human rights situation in Libya, some speakers urged the Council to continue its engagement on Libya’s efforts to end impunity, which would also benefit national reconciliation. Libya was urged to implement the recommendations of the Fact-Finding Mission. Serious concern was expressed about reports of torture, sexual and gender-based violence, enslavement including sexual slavery, enforced disappearances, arbitrary detention and other human rights violations and abuses against Libyans, migrants, refugees and asylum seekers, some of which could amount to crimes against humanity. Accountability for violations and abuses committed was key. Libya should hold accountable all those responsible.
Deep concern was also expressed about the continued crackdown on civil society, and many speakers called on Libya to respect civil society and human rights defenders so they could participate in building the country, without fear of violence. A vibrant thriving civil society was a cornerstone of a thriving nation, where human rights were respected, protected and fulfilled. Civic space continued to shrink and some speakers expressed concern about reports of arrests and acts of intimidation infringing on the freedom of civil society actors, in particular Libyan activists and non-governmental organizations.
Widespread violations of human rights and international humanitarian law were still prevalent in Libya, including sexual and gender-based violence, extrajudicial killings, enforced disappearances, arbitrary detentions, and torture. The conditions in which Libyan citizens, migrants and refugees were detained in Libya remained deeply alarming. The findings of the report were of serious concern. Migration management always needed to adhere to internationally recognised human rights standards and principles. It was now essential to see how the recommendations of the Mission would be translated into action. The Libyan authorities should cooperate fully with the United Nations human rights system and the International Criminal Court, and facilitate their unhindered and safe access to all parts of Libya, including places of detention.
A number of speakers said that women in Libya had been systematically discriminated against; despite continuous efforts, there was still no comprehensive legislation on combatting violence against women nor a national strategy for women. Pledges for greater women’s participation had been revoked, and women and youth remain underrepresented in the latest processes related to elections, national reconciliation, and economic recovery.
Some speakers rejected the call to set up an ad-hoc mechanism without the agreement of the country concerned. Libya should set up a national human rights mechanism to draft national plans and monitor the implementation of recommendations made by treaty bodies and during the Universal Periodic Review. The efforts of the judiciary to prosecute violators of human rights and provide justice to victims were applauded. Transitional justice was the best way to ensure peace and stability. It was important to provide technical assistance and capacity building to Libya’s national institutions, and the Office of the High Commissioner for Human Rights should continue to provide such assistance in order to allow Libya to rebuild in line with its national priorities. Libyan stakeholders must resume dialogue and work towards a solution to the political deadlock, and the international community must support a Libyan-guided political process, whilst strengthening cooperation on counter terrorism to prevent such forces from growing within the country. Only via genuine dialogue and cooperation, the foundation of the Council, was it possible to make progress on human rights throughout the world.
Concluding Remarks
TRACY ROBINSON, Member of the Independent Fact-Finding Mission on Libya, said the comments recognised the gravity of the findings of the Fact-Finding Mission on gross violations of humanitarian law and crimes against humanity against migrants and persons deprived of liberty. There were promising developments which had been noted in the report, and constructive recommendations had been made on a way forward. Regrettably, there was little follow-up to the recommendations. It was important to address the critical concerns about the shrunken civic space, including the State laws and decrees which had caused the shrinking. Particular attention should be paid to the findings of the Special Rapporteur on violence against women and girls, who recently visited Libya. The Fact-Finding Mission had not been in a position to undertake an impromptu visit in January 2023, and could only undertake a mission which was properly planned with strong guarantees of access to places of detention.
CHALOKA BEYANI, Member of the Independent Fact-Finding Mission on Libya, said the Mission had complied with its mandate outlined to investigate violations of international human rights and humanitarian law and to document and preserve evidence. Suppression was the hallmark of impunity. Going forward, Libya required a new constitutional framework as a guarantee of peace. A national action plan for human rights had been recommended, and some steps had been taken in the direction of reparations which was positive. The monitoring mechanism by the Office of the High Commissioner for human rights was recognised. In all the times the Mission had reported to the Council, none of the recommendations had been implemented so far.
MOHAMED AUAJJAR, Chair of the Independent Fact-Finding Mission on Libya, said the Mission strongly supported the human rights activists who aimed to promote and protect human rights in Libya. Efforts were being made by the Libyan authorities, and victims and their families expected reparations. Hopefully Libya would finally find peace. The Mission hoped the Human Rights Council and the international community would pay attention to the events in Libya, and support would be given to the Libyan authorities so that they could contribute to ending impunity.
Presentation of Annual Oral Update Providing an Overview of and Information on Successes and Challenges in Technical Assistance and Capacity Building Efforts
CHRISTIAN SALAZAR VOLKMANN, Director, Field Operations and Technical Cooperation Division, Office of the High Commissioner for Human Rights, said the Office offered technical cooperation in all fields of human rights to respond to important human rights challenges and opportunities identified through monitoring, reporting and root cause analysis. It strived to connect the recommendations of the global human rights system to national contexts and national implementation. It strived to engage in partnerships with a large variety of national stakeholders to respond quickly in helping to protect people when their rights were being violated, and to grasp local opportunities for advancing human rights. It helped with legal reform, the administration of justice, security sector reform, fiscal and budgetary policies, business and human rights, social protection, capacity building for national human rights institutions, protection of human rights defenders, and empowerment of civil society.
In Cambodia, the Office was advocating for the economic and social rights of people suffering from evictions and from violations of the right to adequate housing. It had launched a study on the human rights situation of communities living in resettlement sites. The findings led to a series of recommendations for national and local policymakers, and to discussions with private businesses on land and housing rights for communities impacted by sugar plantations. In anticipation of the upcoming electoral process in the Democratic Republic of Congo, the United Nations Joint Human Rights Office provided coaching and training to civil society organizations. It also held sessions on human rights and public freedoms for leaders of political parties, and trained journalists and press editors in monitoring hate speech, public freedoms, and on the protection of sources. In Guinea, the Office strengthened the capacities of around 400 civil society organizations, women leaders and people with albinism on citizen participation, advocacy techniques and leading an inclusive and peaceful transition. Furthermore, a total of 22 community engagement activities were carried out, sensitising more than 12,000 participants on their rights. Mr. Volkmann also presented examples of human rights technical cooperation initiatives carried out in Central Asia, Moldova, Montenegro, Mexico, Guatemala, Honduras and Jordan.
In 2023, the year of the seventy-fifth anniversary of the Universal Declaration of Human Rights and the thirtieth anniversary of the Vienna Declaration and Programme of Action, the Office was promoting the universality and indivisibility of human rights and their value in providing solutions to large global challenges. The Office would continue to improve and expand its technical cooperation, seeking to support States and civil society with solutions that stemmed from universal human rights but were tailored to the specific circumstances and the specific needs of each country. The Office had an ability to build bridges between civil society, human rights defenders and institutions of the State. Member States’ financial, technical and political support made this work possible, and allowed the Office to make a difference in the lives of people.
Presentation of the Report of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights
The Council has before it the report of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights (A/HRC/52/80)
AZITA BERAR AWAD, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said the Voluntary Fund was the second largest trust fund administered by the Office of the High Commissioner for Human Rights, and in 2022, it continued to be a key resource providing financial support for technical cooperation in implementation of international human rights norms and standards at the national level. The Board - which also constituted the Board of Trustees of the Voluntary Fund for Financial and Technical Assistance in the implementation of the Universal Periodic Review, provided advice and guidance throughout the year, regarding the use of these two Funds. During the fifty-fourth session, the Board focused on the contribution of the United Nations’ system to enhancing in-country respect for human rights. In particular, the Board reviewed the efforts undertaken to integrate human rights as part of various ongoing reforms in the areas of development, peace and security, and how the technical cooperation that the Office provided was sustaining those efforts.
The vision of sustainable development anchored in human rights was now recognised in the 2020 guidance by Member States for operational activities for development as outlined in the Quadrennial Comprehensive Policy Review. Resident Coordinators’ and United Nations Country Teams’ shared role in promoting and protecting human rights was now duly recognised in United Nations Country Teams’ Management and Accountability Framework. The Board exchanged with the United Nations Deputy Secretary-General and senior managers on how practical implementation of and compliance with this guidance could be improved upon and expanded. The Board was also pleased to observe the Office’s increased participation in projects funded by the Peacebuilding Fund, and the opportunities this brought to operationalise the human rights dimensions of peacebuilding.
At its fifty-fifth session held in Fiji, the Board particularly welcomed the opportunity to assess on the ground the specific challenges and vulnerabilities that small island developing States faced and the technical cooperation support provided in response. The Board noted the significant inroads made by the Office to mainstream human rights in the recently adopted United Nations Sustainable Development Cooperation Framework for the Pacific region, and its support to the three United Nations multi-country teams in the region. With the recognition of the human right to a clean, healthy and sustainable environment, first by the Human Rights Council, and now by the General Assembly, the Office had an important opening for further expansion of human rights related technical cooperation in the field of the environment.
During its two sessions in 2022, the Board noted the continued and increasing interest by the development community at large and among all stakeholders at the country level, for exchanging and sharing the concrete and practical experiences of technical cooperation in the field of human rights. The Office’s work facilitated the sharing of lessons with key stakeholders. The Board welcomed the increase in voluntary contributions and in the expansion of requests from Member States. The current world situation with multiple crises, particularly impacting the most vulnerable segments of the society, called for strengthening predictable and sustained financial support to the Office and the programmes it supported at national and regional levels.
General Debate Under Agenda Item 10 on Technical Assistance and Capacity Building
Some speakers welcomed the support provided by the Fund to assist countries with various challenges that negatively affected their human rights situations. The Office of the High Commissioner for Human Rights should scale up its efforts to provide technical cooperation and capacity building, and mainstream it throughout the United Nations, particularly with regard to efforts to ensure the right to sustainable development.
States were encouraged to seek technical cooperation and capacity building, which were essential tools in the protection and fulfilment of human rights. Some speakers pointed out, however, that States were primarily responsible for the protection, promotion and maintenance of human rights. Each request for technical cooperation was unique, and should be tailored to the needs of the State, and should be holistic, aiming towards the achievement of the Sustainable Development Goals. It should be provided to strengthen the efficiency of work done on the ground. The work done by the Human Rights Council and the Office of the High Commissioner for Human Rights was commended. The cooperation mechanisms ensured constant dialogue between the Council and States.
Technical cooperation and capacity building should include building partnerships and exchanging best practices between States and stake holders. Technical assistance should abide by the purposes and principles of the United Nations Charter, and not involve politicisation, which could only complicate the issue. It should adopt a win-win approach, in order to achieve the desired results. To strike a proper balance between human rights with the background of pandemic recovery, particular attention should be given to economic, social and cultural rights and the right to development.
The Council’s technical assistance should only be extended upon the request of the State concerned, speakers said. It was frequently promoted in such a way that it resulted in creating a hierarchy of rights, and was often used as a tool to interfere in the domestic affairs of States, which had time and again only proved to be counterproductive. Mandate holders should take into account the specificities, including cultural, social and historical, of States. Today there was an ever greater need to work on economic, social and cultural rights to eliminate structural inequalities between States. There should be impartial usage of mandates which should focus on economic, social and cultural rights, including the right to development, particularly with regard to crisis recovery. States must be assisted to implement the recommendations that they had accepted during Universal Periodic Review deliberations.
All States should cooperate with the Office, including by providing it with unrestricted access to monitor and report on human rights situations on the ground. However, due cooperation with the Office and other United Nations Human Rights mechanisms did not replace the obligation of duty bearers to abide by international human rights standards. Adequate, predictable and sustainable funding was a prerequisite to ensure the Office’s capacity and ability to deliver on its mandate and independently exercise its functions. Scaled up financing to the Office, both in terms of a broadened financing base and increased voluntary contributions from existing donors, flexible funding in particular, was key to making sure it could continue to fulfil its important mandate going forward.
One speaker noted the frustration raised by the Board about the sharing of best practices across teams. There was a need for greater capacity within the Office of the High Commissioner for Human Rights to better link analysis with programmatic action to close protection gaps. It was vital that the Office take steps to increase the effectiveness of its technical cooperation. Civil society worked best when technical cooperation was enhanced, allowing non-governmental organizations to go about their vital protection work unhindered. One speaker proposed the creation of a fund which could be used to make reporting mechanisms widely known, accessible and transmissible.
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HRC23.055E