The situation in Libya: prospects and role of the Council of Europe
Reply to Recommendation
| Doc. 14615
| 14 September 2018
- Author(s):
- Committee of Ministers
- Origin
- Adopted at the 1323rd meeting
of the Ministers’ Deputies (12 September 2018). 2018 - Fourth part-session
- Reply to Recommendation
- : Recommendation 2127
(2018)
1. The Committee of Ministers is deeply
concerned by the deterioration in the humanitarian situation in Libya
and the numerous violations of human rights which have been committed
there since the events in 2011. The principal victims of the state
of disorder throughout the country are Libyans themselves and other
people in the country, notably migrants and refugees, whose ill
treatment is deeply concerning. The situation in Libya has also
led to a substantial increase in cross-border threats such as terrorism
or human trafficking, which also affect European countries.
2. The Committee of Ministers agrees with the Parliamentary Assembly
that the establishment of unified state structures in Libya is a
priority and that the Council of Europe, in co-ordination with the
United Nations, the internationally-recognised Government of National
Accord and other stakeholders, can contribute to the efforts by
the Libyan authorities to tackle the many challenges facing them
in terms of establishing stable and democratic institutions, as
a precondition for respect for human rights and the rule of law.
Any such initiatives should be carried out in co-ordination with,
and as a complement to, the UN-facilitated political process.
3. In this context, it points out that, at its 121st Ministerial
Session, the Committee of Ministers endorsed the Secretary General’s
proposals on opening up co-operation towards the countries of North
Africa, the Middle East and Central Asia with a view to establishing
a common legal area based on the Council of Europe’s values and
instruments. The aim of the Council of Europe’s policy towards neighbouring
regions is to facilitate democratic political transition and promote
good governance in the beneficiary countries, while reinforcing
and expanding the Council of Europe’s regional action in combating
cross-border and global threats.
4. When the countries covered by the neighbourhood policy clearly
express their interest and extra-budgetary resources are available,
the Council of Europe can provide them with its proven expertise
in the fields of human rights, the rule of law and democracy. Two
types of institutionalised co-operation exist at present: firstly,
neighbourhood co-operation priorities, involving priority co-operation
activities in specific fields;
Note and, secondly, neighbourhood partnerships,
which combine enhanced political dialogue and co-operation activities
under closer partnerships.
Note
5. In addition, limited and targeted ad hoc co-operation
activities and/or regional activities with other countries of the
regions covered by the policy may also be conducted. This applies
in particular to Libya. In this context, the Venice Commission,
in close co-ordination with the European Union, is contributing
actively to the work being done under the aegis of the United Nations
Support Mission in Libya concerning the draft legislation on the
constitutional referendum and the forthcoming elections.
6. Any new requests for co-operation which the Libyan authorities
submit to the Council of Europe, in particular in connection with
the referendum, the elections and related media coverage in conformity
with European standards, will be considered with all due attention,
subject to funding being available.
7. Possible assistance for the establishment of criteria for
monitoring respect for the 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 could also be considered, in co-operation with
other relevant partners. On this point, the Committee of Ministers
would, however, point out that such criteria already exist. The
Council of Europe uses them effectively through its various monitoring
mechanisms with respect to its member States and all countries which
have acceded to its specific conventions.