Security Council resolution 2240 (2015) [on migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]
Symbol: S/RES/2240 (2015)
Date: 2015-10-09
Status: adopted
Agenda: S/70 [219] LIBYA SITUATION
Subjects: Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime (2000)|UN Convention against Transnational Organized Crime (2000). Protocols, etc.|Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000)|Charter of the United Nations (1945). Chapter VII|TRAFFICKING IN PERSONS|MIGRANTS|LIBYA|MEDITERRANEAN SEA|CRIME PREVENTION|CAPACITY BUILDING|SHIPS|MARITIME LAW|MARITIME TRAFFIC|MARITIME SAFETY|JURISDICTION OVER SHIPS AT SEA|HUMAN RIGHTS|ASYLUM SEEKERS|REFUGEE LAW|INTERNATIONAL OBLIGATIONS
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: abstention

               United Nations                                                                   S/RES/2240 (2015)
               Security Council                                               Distr.: General
                                                                              9 October 2015




               Resolution 2240 (2015)
               Adopted by the Security Council at its 7531st meeting, on
               9 October 2015

                    The Security Council,
                   Recalling its press statement of 21 April on the maritime tragedy in the
               Mediterranean Sea,
                      Reaffirming its strong commitment to the sovereignty, independence,
               territorial integrity and national unity of Libya,
                     Recalling that international law, as reflected in the United Nations Convention
               on the Law of the Sea of 10 December 1982, sets out the legal framework applicable
               to activities in the ocean,
                     Reaffirming also the United Nations Convention against Transnational
               Organized Crime (UNTOC Convention) and its Protocol against the Smuggling of
               Migrants by Land, Air and Sea, as the primary international legal instruments to
               combat the smuggling of migrants and related conduct, and the Protocol to Prevent,
               Suppress and Punish Trafficking in Persons, Especially Women and Children,
               supplementing the UNTOC Convention, as the primary international legal
               instruments to combat trafficking in persons,
                    Underlining that, although the crime of smuggling of migrants may share, in
               some cases, some common features with the crime of trafficking in persons,
               Member States need to recognise that they are distinct crimes, as defined by the
               UNTOC Convention and its Protocols, requiring differing legal, operational, and
               policy responses,
                    Deploring the continuing maritime tragedies in the Mediterranean Sea that
               have resulted in hundreds of casualties, and noting with concern that such casualties
               were, in some cases, the result of exploitation and misinformation by transnational
               criminal organisations which facilitated the illegal smuggling of migrants via
               dangerous methods for personal gain and with callous disregard for human life,
                     Expressing grave concern at the recent proliferation of, and endangerment of
               lives by, the smuggling of migrants in the Mediterranean Sea, in particul ar off the
               coast of Libya and recognizing that among these migrants may be persons who meet
               the definition of a refugee under the 1951 Convention relating to the Status of
               Refugees and the 1967 Protocol thereto,


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                     Emphasizing in this respect that migrants, including asylum-seekers and
               regardless of their migration status, should be treated with humanity and dignity and
               that their rights should be fully respected, and urging all States in this regard to
               comply with their obligations under international law, i ncluding international human
               rights law and international refugee law, as applicable, stressing also the obligation
               of States, where applicable, to protect the human rights of migrants regardless of
               their migration status, including when implementing their specific migration and
               border security policies,
                     Reaffirming in this respect the need to promote and protect effectively the
               human rights and fundamental freedoms of all migrants, regardless of their
               migration status, especially those of women and childr en, and to address
               international migration through international, regional or bilateral cooperation and
               dialogue and through a comprehensive and balanced approach, recognizing the roles
               and responsibilities of countries of origin, transit and destination i n promoting and
               protecting the human rights of all migrants, and avoiding approaches that might
               aggravate their vulnerability,
                    Further recalling the International Convention for the Safety of Life at Sea
               and the International Convention on Maritime Search and Rescue,
                      Expressing further concern that the situation in Libya is exacerbated by the
               smuggling of migrants and human trafficking into, through and from the Libyan
               territory, which could provide support to other organised crime and terrorist
               networks in Libya,
                    Mindful of its primary responsibility for the maintenance of international
               peace and security under the Charter of the United Nations,
                     Underlining the primary responsibility of the Libyan Government to take
               appropriate action to prevent the recent proliferation of, and endangerment of lives
               by, the smuggling of migrants and human trafficking through the territory of Libya
               and its territorial sea,
                     Mindful of the need to support further efforts to strengthen Libyan border
               management, considering the difficulties of the Libyan Government to manage
               effectively the migratory flows in transit through Libyan territory, and noting its
               concern for the repercussions of this phenomenon on the stability of Libya and of
               the Mediterranean region,
                     Welcoming support already provided by the most concerned Member States,
               including Member States of the European Union (EU), taking into account inter alia
               the role of FRONTEX and the specific mandate of EUBAM Libya in support of the
               Libyan Government, and by neighbouring States,
                    Acknowledging the European Council statement of 23 April 2015 and the press
               statement of the African Union Peace and Security Council of 27 Apri l, which
               underlined the need for effective international action to address both the immediate
               and long-term aspects of human trafficking towards Europe,
                     Taking note of the Decision of the Council of the European Union of 18 May
               2015 setting up ‘EUNAVFOR Med’ which underlined the need for effective
               international action to address both the immediate and long -term aspects of migrant
               smuggling and human trafficking towards Europe,




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               Taking further note of the ongoing discussions between the EU and the Libyan
           Government on migration related issues,
                Expressing also strong support to the States in the region affected by the
           smuggling of migrants and human trafficking, and emphasizing the need to step up
           coordination of efforts in order to strengthen an effective m ultidimensional response
           to these common challenges in the spirit of international solidarity and shared
           responsibility, to tackle their root causes and to prevent people from being exploited
           by migrant smugglers and human traffickers,
                Acknowledging the need to assist States in the region, upon request, in the
           development of comprehensive and integrated regional and national strategies, legal
           frameworks, and institutions to counter terrorism, transnational organised crime,
           migrant smuggling, and human trafficking, including mechanisms to implement
           them within the framework of States’ obligations under applicable international law,
                 Stressing that addressing both migrant smuggling and human trafficking,
           including dismantling smuggling and trafficking networks in the region and
           prosecuting migrant smugglers, and human traffickers requires a coordinated,
           multidimensional approach with States of origin, of transit, and of destination, and
           further acknowledging the need to develop effective strategies to deter mi grant
           smuggling and human trafficking in States of origin and transit,
                 Emphasizing that migrants should be treated with humanity and dignity and
           that their rights should be fully respected, and urging all States in this regard to
           comply with their obligations under international law, including international human
           rights law and international refugee law, as applicable,
                 Bearing in mind the obligations of States under applicable international law to
           exercise due diligence to prevent and combat migrant smuggling and human
           trafficking, to investigate and punish perpetrators, to identify and provide effective
           assistance to victims of trafficking and migrants and to cooperate to the fullest
           extent possible to prevent and suppress migrant smuggling and human trafficking,
                 Affirming the necessity to put an end to the recent proliferation of, and
           endangerment of lives by, the smuggling of migrants and trafficking of persons in
           the Mediterranean Sea off the coast of Libya, and, for these specific purposes,
           acting under Chapter VII of the Charter of the United Nations,
                 1.    Condemns all acts of migrant smuggling and human trafficking into,
           through and from the Libyan territory and off the coast of Libya, which undermine
           further the process of stabilisation of Libya and endanger the lives of thousands of
           people;
                  2.    Calls on Member States acting nationally or through regional
           organisations, including the EU, to assist Libya, upon request, in building needed
           capacity including to secure its borders and to prevent, investig ate and prosecute
           acts of smuggling of migrants and human trafficking through its territory and in its
           territorial sea; in order to prevent the further proliferation of, and endangerment of
           lives by, the smuggling of migrants and human trafficking into, th rough and from
           the territory of Libya and off its coast;
                 3.   Urges Member States and regional organisations, in the spirit of
           international solidarity and shared responsibility, to cooperate with the Libyan
           Government, and with each other, including by sharing information about acts of


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               migrant smuggling and human trafficking in Libya’s territorial sea and on the high
               seas off the coast of Libya, and rendering assistance to migrants and victims of
               human trafficking recovered at sea, in accordance with intern ational law;
                    4.    Urges States and regional organisations whose naval vessels and aircraft
               operate on the high seas and airspace off the coast of Libya, to be vigilant for acts of
               migrant smuggling and human trafficking, and in this context, encourages States
               and regional organisations to increase and coordinate their efforts to deter acts of
               migrant smuggling and human trafficking, in cooperation with Libya;
                     5.    Calls upon Member States acting nationally or through regional
               organisations that are engaged in the fight against migrant smuggling and human
               trafficking to inspect, as permitted under international law, on the high seas off the
               coast of Libya, any unflagged vessels that they have reasonable grounds to believe
               have been, are being, or imminently will be used by organised criminal enterprises
               for migrant smuggling or human trafficking from Libya, including inflatable boats,
               rafts and dinghies;
                     6.    Further calls upon such Member States to inspect, with the consent of the
               flag State, on the high seas off the coast of Libya, vessels that they have reasonable
               grounds to believe have been, are being, or imminently will be used by organised
               criminal enterprises for migrant smuggling or human trafficking from Libya;
                     7.    Decides, with a view to saving the threatened lives of migrants or of
               victims of human trafficking on board such vessels as mentioned above, to
               authorise, in these exceptional and specific circumstances, for a period of one year
               from the date of the adoption of this resolution, Member States, acting nationally or
               through regional organisations that are engaged in the fight against migrant
               smuggling and human trafficking, to inspect on the high seas off the coa st of Libya
               vessels that they have reasonable grounds to suspect are being used for migrant
               smuggling or human trafficking from Libya, provided that such Member States and
               regional organisations make good faith efforts to obtain the consent of the vessel’s
               flag State prior to using the authority outlined in this paragraph;
                     8.   Decides to authorise for a period of one year from the date of the
               adoption of this resolution, Member States acting nationally or through regional
               organisations to seize vessels inspected under the authority of paragraph 7 that are
               confirmed as being used for migrant smuggling or human trafficking from Libya,
               and underscores that further action with regard to such vessels inspected under the
               authority of paragraph 7, including disposal, will be taken in accordance with
               applicable international law with due consideration of the interests of any third
               parties who have acted in good faith;
                     9.   Calls upon all flag States involved to cooperate with respect to efforts
               under paragraphs 7 and 8, and decides that Member States acting nationally or
               through regional organisations under the authority of those paragraphs shall keep
               flag States informed of actions taken with respect to their vessels, and calls upon
               flag States that receive such requests to review and respond to them in a rapid and
               timely manner;
                    10. Decides to authorise Member States acting nationally or through regional
               organisations to use all measures commensurate to the specific circumstances in
               confronting migrant smugglers or human traffickers in carrying out activities under
               paragraphs 7 and 8 and in full compliance with international human rights law, as


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           applicable, underscores that the authorizations in paragraph 7 and 8 do not apply
           with respect to vessels entitled to sovereign immunity under international law, and
           calls upon Member States and regional organisations carrying out activities under
           paragraphs 7, 8 and this paragraph, to provide for the safety of persons on board as
           an utmost priority and to avoid causing harm to the marine environment or to the
           safety of navigation;
                 11. Affirms that the authorisations provided in paragraphs 7 and 8 apply only
           with respect to the situation of migrant smuggling and human trafficking on the high
           seas off the coast of Libya and shall not affect the rights or obligations or
           responsibilities of Member States under international law, including any rights or
           obligations under UNCLOS, including the general principle of exclusive
           jurisdiction of a flag State over its vessels on the high se as, with respect to any other
           situation, and further affirms that the authorisation provided in paragraph 10 applies
           only in confronting migrant smugglers and human traffickers on the high seas off
           the coast of Libya;
                 12. Underscores that this resolution is intended to disrupt the organised
           criminal enterprises engaged in migrant smuggling and human trafficking and
           prevent loss of life and is not intended to undermine the human rights of individuals
           or prevent them from seeking protection under international human rights law and
           international refugee law;
                 13. Emphasises that all migrants, including asylum-seekers, should be
           treated with humanity and dignity and that their rights should be fully respected,
           and urges all States in this regard to comply with their obligations under
           international law, including international human rights law and international refugee
           law, as applicable;
                 14. Urges Member States and regional organisations acting under the
           authority of this resolution to have due regard for the l ivelihoods of those engaged
           in fishing or other legitimate activities;
                15. Calls upon all States, with relevant jurisdiction under international law
           and national legislation, to investigate and prosecute persons responsible for acts of
           migrant smuggling and human trafficking at sea, consistent with States’ obligations
           under international law, including international human rights law and international
           refugee law, as applicable;
                 16. Calls for Member States to consider ratifying or acceding to, and for
           States Parties to effectively implement the Protocol against the Smuggling of
           Migrants by Land, Sea and Air, supplementing the United Nations Convention
           against Transnational Organized Crime, and as well as the Protocol to Prevent,
           Suppress and Punish Trafficking in Persons, Especially Women and Children;
                 17. Requests States utilising the authority of this resolution to inform the
           Security Council within three months of the date of adoption of this resolution and
           every three months thereafter on the progress of actions undertaken in exercise of
           the authority provided in paragraphs 7 to 10 above;
                18. Requests the Secretary-General to report to the Security Council eleven
           months after the adoption of this resolution on its implementation, in particular with
           regards to the implementation of paragraphs 7 to 10 above;




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                    19. Expresses its intention to review the situation and consider, as appropriate,
               renewing the authority provided in this resolution for additional periods;
                    20.   Decides to remain seized of the matter.




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