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The situation in Libya: prospects and role of the Council of Europe

Doc. 14519: compendium of written amendments | Doc. 14519 | 24/04/2018 | Final version

Contents

A Draft Resolution
B Draft Recommendation

Compendium index

Amendment 2 Amendment 3 Amendment 1 Amendment 4 Amendment 5 Amendment 14 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Amendment 15 Amendment 11 Amendment 12 Amendment 13

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly regrets that the “Revolution of 17 February” which occurred in Libya in 2011 in the wake of the Arab Spring was not able to result in a successful political transition. It notes that the two elections held in 2012 and 2014 did not make it possible to avoid a serious fragmentation of the country on an institutional, regional and societal level. This fragmentation plunged the country into chaos and, for the European continent, resulted in an increased security risk and migratory flows. The Assembly notes that the collapse of Libyan Arab Jamahiriya led to the complete disappearance of a unified State apparatus and service infrastructure.
2Bearing in mind that the first victims of the situation in Libya are first and foremost the Libyans themselves, the Assembly calls on all the parties to prevent and to stop committing violations of human rights and humanitarian law and to protect the human rights and fundamental freedoms of persons belonging to vulnerable groups such as displaced persons, women, children, human rights defenders and media professionals.
3The Assembly also condemns all discrimination against women, whether with regard to their freedom of movement or their right to pass on their nationality to their children.
4The Assembly notes that the situation in Libya has contributed and still contributes directly to the destabilisation of the region. This was initially of a large-scale economic nature, affecting countries such as Tunisia and Egypt, which lost a major trading partner and were deprived of the funds transferred by nationals employed in Libya. It soon became a security problem owing to the plunder of Libyan arsenals, the spread of terrorist groups in the Sahel-Saharan region and the return to their countries of origin of mercenaries employed by the Gaddafi regime.
5The Assembly notes and welcomes the successes in the fight against terrorism in Libya, particularly against Daesh, which has not been able to establish itself lastingly, as in Syria and Iraq. In this connection, it points out that this fight must be carried out with due regard for Libya’s sovereignty, independence and territorial integrity.
6The Assembly is perfectly aware that between 2014 and 2016, one of its member States, Italy, had to cope with the arrival of very large numbers of migrants from Libya, some of whom came from countries where respect for human rights is not under threat. It notes that the European Union’s response, particularly its Triton and Sophia air and sea operations, resulted in a reduction of nearly 32% of arrivals on the Italian coasts between November 2016 and November 2017, that these operations have saved over 200 000 lives since 2014 and that the European Union provides much of the funding for the activities of the United Nations High Commissioner for Refugees and the International Organisation for Migration in aid of refugees and migrants.
7Nonetheless, the Assembly calls on the Council of Europe member States to comply with their obligations under Article 3 of the European Convention on Human Rights (ETS No. 5), which requires them to refrain from sending migrants back to countries where they are exposed to the risk of torture and inhuman or degrading treatment or punishment.
8The Assembly recognises that this is a real risk in Libya, as borne out by the regular reports by the United Nations Secretary-General to the Security Council, the reports and studies of the United Nations High Commissioner for Human Rights, the reports of the United Nations Support Mission in Libya (UNSMIL), the reports of non-governmental organisations and various documentaries providing evidence of slavery.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 18 in favor 24 against 5 abstentions

In the draft resolution, paragraph 8, replace the words "a real risk" with the following words: "a reality".

Explanatory note

It has become more and more evident from the reports quoted that migrants have indeed been tortured and subjected to inhuman treatment.

9The Assembly urges the member States of the Council of Europe, and in particular those members which are also members of the European Union, to do more than simply managing the migration problem as it currently applies to Libya and to devise a new framework which would make it possible to protect migrants, examine asylum applications in dignified conditions and respect State sovereignty regarding access to territory.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

In the draft resolution, at the end of paragraph 9, insert the following sentence: "This includes making more substantial pledges to resettle refugees after their evacuation from Libya or from locations south of Libya where they are stranded."

Explanatory note

As the UNHCR evacuates refugees from Libya, it is necessary to ensure their swift resettlement.

10In this connection, the Assembly supports recent moves to:
10.1have the asylum applications of persons considered by the High Commissioner for Refugees to be “extremely vulnerable” investigated in safer, adjoining countries, as the French Office for the Protection of Refugees and Stateless Persons recently did;

24 April 2018

Tabled by Mr Jacques MAIRE, Ms Nicole TRISSE, Ms Jennifer DE TEMMERMAN, Mr Fabien GOUTTEFARDE, Ms Marie-Christine VERDIER-JOUCLAS

Votes: 40 in favor 0 against 6 abstentions

In the draft resolution, at the end of paragraph 10.1, insert the following sentence: "In this context, the Assembly asks member states and the international community to propose quotas of protected persons to the High Commissioner for Refugees as a precondition for dealing with potential beneficiaries in Libya;".

Explanatory note

Many migrants are held illegally in Libya. The HCR has agreed with Niger and Chad that migrants should be cared for in hotspots, with the number of places available depending on the quota of places provided by the international community: further effort by members of the international community is required.

10.2prevent migrants from entering Libya by closing the southern border in Fezzan;

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

In the draft resolution, paragraph 10.2, insert the word "irregular" before the word "migrants".

Explanatory note

Support by the Assembly for the complete closure of borders could be wrongly interpreted as a principle which could be applied elsewhere.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 23 in favor 21 against 4 abstentions

In the draft resolution, paragraph 10.2, replace the words "closing the southern border in Fezzan" with the following words: "reinforcing border security at the southern border in Fezzan".

Explanatory note

Support by the Assembly for the complete closure of borders could be wrongly interpreted as a principle which could be applied elsewhere.

10.3set up a task force involving European and African States to combat human traffickers, as decided at the African Union–European Union Summit in Abidjan on 29 and 30 November 2017.
11Pending the establishment of this new framework, the Assembly calls on the European Union member States to:

24 April 2018

Tabled by the Committee on Political Affairs and Democracy

In the draft resolution, paragraph 11, replace the words "Pending the establishment of" with the following words: "In parallel with the establishment of".

Explanatory note

Technical amendment: the new framework – the Task Force – is already in place and seems to give good results according to the French Ambassador for migration, whom I met on 12 March in Paris.

11.1make any intensification of their co-operation with the Libyan coastguards dependent on the possibility of checking that they make the effort to respect refugees’ and migrants’ fundamental rights, particularly by refraining from exposing them to situations in which they risk being subject to severe ill-treatment, in accordance with its Resolution 2174 (2017) on human rights implications of the European response to transit migration across the Mediterranean;

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

In the draft resolution, paragraph 11.1, delete the words "intensification of their".

Explanatory note

The respect of refugees’ and migrants’ fundamental rights should be absolutely guaranteed.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

In the draft resolution, paragraph 11.1, replace the words “possibility of checking that they make the effort to respect” with the words “respect for”.

Explanatory note

The respect of refugees’ and migrants’ fundamental rights should be absolutely guaranteed.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 24 in favor 19 against 4 abstentions

In the draft resolution, after paragraph 11.1, insert the following paragraph:

“ensure that all co-operation with the Libyan Coast Guard is contingent on a system of monitoring and sanctions which will ensure compliance with international law in Libyan waters and that this co-operation is immediately suspended in the case of repeated human rights violations;”

Explanatory note

Problems with treatment of migrants during rescues have been reported by international organisations and NGOs working in the area. These should be carefully investigated and effective monitoring systems implemented.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 25 in favor 21 against 0 abstention

In the draft resolution, after paragraph 11.1, insert the following paragraph:

“ensure that the Libyan Coast Guard is trained in international human rights law and the law of the sea, including the principle of non-refoulement, and follows the rules of the high seas in order to support rescue missions and facilitate co-operation with humanitarian NGOs in civil rescue operations, with the aim of avoiding endangering the lives of refugees and migrants;”

Explanatory note

It is essential that the Coast Guard be trained and instructed in order to avoid violations of human rights at sea, and to co-operate with those engaged in humanitarian rescue work.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 27 in favor 16 against 3 abstentions

In the draft resolution, after paragraph 11.1, insert the following paragraph:

“delay the setting up of a new Maritime Rescue Co-ordination Centre in Libya until capacity-building measures have proved successful in improving governance structures;”

Explanatory note

A co-ordination centre operated on Libyan territory should be set up with a minimum guarantee of effective governance.

11.2propose an alternative solution to the detention centres officially managed by the Ministry of the Interior, where migrants are cooped up in conditions which UNSMIL describes as inhuman, and which are reported by the High Commissioner for Human Rights to be broken beyond repair.

24 April 2018

Tabled by the Committee on Political Affairs and Democracy

In the draft resolution, at the end of paragraph 11.2, insert the following sentence: "The dismantlement of the detention centres and the creation of transit and departure facilities allowing the transfer of refugees, on a voluntary basis, to third countries could be a viable solution, on the condition that the management of these facilities by the Libyan authorities really respects human rights."

Explanatory note

The amendment takes into account the latest developments concerning migrants and refugees.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

In the draft resolution, after paragraph 11.2, insert the following paragraph:

“carry out an exhaustive financial and results-based assessment of the success of the implementation of the principles set out in the 2017 Malta Declaration;”

Explanatory note

European Union member States should be encouraged to question the success of the externalisation and security policies pursued to the detriment of others over the past months.

12The Assembly unreservedly supports the Action Plan which the Special Representative of the United Nations Secretary-General for Libya presented on 20 September 2017. It considers that the Libyan Political Agreement signed in Skhirat on 17 December 2015 is still the only framework in which an end can be brought to the Libyan crisis, that only the institutions deriving from this, particularly the Government of National Accord, have, quite rightly, obtained international recognition, and that the validity of this agreement extends beyond 17 December 2017.

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

In the draft resolution, before paragraph 12, insert the following paragraph:

“The Assembly also urges member States to step up their contributions to development co-operation with the countries to the south of Libya, which will help to reduce the number of departures from countries not in conflict.”

Explanatory note

The resolution refers in paragraph 6 to the arrival in Italy from Libya of migrants from countries not under threat. Their numbers can only be reduced if the countries concerned are able to create opportunities and future life projects in their home countries.

13The Assembly welcomes the fact that the Special Representative wishes to make this Agreement more effective by prompting the various parties to amend those provisions which currently impede its full application.
14The Assembly supports the Special Representative’s efforts to promote the most inclusive possible dialogue between Libyans without outside interference. It believes that the national conference provided for by the Action Plan should enable Libyan players who have been ostracised or who have purposely distanced themselves from the Libyan Political Agreement to be involved in the current political negotiations. The Assembly calls on the Special Representative and the Libyan authorities to:
14.1ensure that this national conference can be attended by representatives not only of the relevant political and military forces but also of social movements, tribes and local stakeholders;
14.2draw a clear line between the inclusive nature of the national conference, which might enable non-jihadist militias to take part, and accepting some of the practices of these militias, particularly those which claim to be Madkhalists, whose aim is to impose restrictions on public freedoms in the name of a radical view of Islam.
15The Assembly considers that the adoption of a Libyan constitutional framework is a prerequisite for holding parliamentary and presidential elections. It takes the view that if it is difficult to reach agreement on all the provisions of the draft Constitution, at least those should be adopted which relate to the functioning of the institutional authorities alone, in Chapter 3 of the draft Constitution. This minimum constitutional framework should be adopted before parliamentary and presidential elections are held.
16The Assembly agrees with the Special Representative that elections should only be held if their results cannot be contested by any of the various Libyan players and that this concern should take precedence over any desire to hold the elections as quickly as possible. If this is so, the Assembly is prepared to provide assistance to the Libyan authorities with election observation when they consider this to be appropriate.
17The Assembly would point out that, alongside dialogue between Libyans, national reconciliation cannot be brought about unless justice is done, whether this takes the form of transitional courts, international courts for the most serious crimes, or so-called hybrid courts, in other words partly national courts with a considerable international presence.
18Being aware that only the establishment of unified State structures will help to end widespread and daily violations of human rights and humanitarian law in Libya and will be able to lastingly reduce the terrorist threat and stem migration flows, which are realities affecting the member States directly, the Assembly considers that the Council of Europe should contribute to the efforts of the United Nations Support Mission in Libya to this end, bearing in mind its expertise in institutional matters and the objectives set by the Special Representative of the United Nations Secretary-General for Libya in his Action Plan of 20 September 2017. Its contribution could, in particular, focus on:
18.1the drafting of the Libyan Constitution, through the European Commission for Democracy through Law (Venice Commission);
18.2the establishment of support for electoral procedures in preparation for a constitutional referendum and then for parliamentary and presidential elections, the Assembly being prepared, for its part, to serve as an election observer;
18.3the creation of a media environment capable of reporting on the above elections, working as much as possible in line with international ethical standards for journalists.

BDraft Recommendation

1The Parliamentary Assembly refers to its Resolution … (2018) “The situation in Libya – prospects and the role of the Council of Europe”.
2Being aware that only the establishment of unified state structures will help to end widespread and daily violations of human rights and humanitarian law in Libya and will be able to lastingly reduce the terrorist threat and stem migration flows, which are realities affecting the member States directly, the Assembly considers that the Council of Europe has good reason to contribute to the efforts of the United Nations Support Mission in Libya to this end, bearing in mind its expertise in institutional matters and the objectives set by the Special Representative of the United Nations Secretary-General for Libya in his Action Plan of 20 September 2017.
3Noting that the establishment of this co-operation organised on an ad hoc basis could partly be carried out within a regional framework by favouring the opening of targeted programmes, currently covering countries like Tunisia, to representatives of the administrations of the Libyan Government of National Accord, the Assembly, subject to the Libyan authorities' request, requests the Committee of Ministers to be ready to assist in a timely manner in:
3.1the establishment of electoral assistance in preparation for a constitutional referendum and then for parliamentary and presidential elections;

24 April 2018

Tabled by the Committee on Migration, Refugees and Displaced Persons

Votes: 26 in favor 16 against 5 abstentions

In the draft recommendation, before paragraph 3.1, insert the following paragraph:

“the establishment of criteria for monitoring the respect for human rights of migrants in Libya and in Libyan territorial waters based on the relevant conventions and in particular on the European Convention on Human Rights (ETS No.5) and its case law;”

Explanatory note

The Council of Europe’s acquis is an essential tool for the protection of human rights and could be used to establish practical guidelines for prevention and monitoring in the region.

3.2the creation of a media environment capable of reporting on the above elections, working as much as possible in line with international ethical standards for journalists.