Security Council resolution 2312 (2016) [on renewal for 12 months of the authorizations as set out in paras. 7, 8, 9 and 10 of Security Council resolution 2240 (2015) concerning migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]
Symbol: S/RES/2312 (2016)
Date: 2016-10-06
Status: adopted
Agenda: S/71 [219] LIBYA SITUATION
S/ X Maintenance of international peace and security.
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|ASYLUM SEEKERS|REFUGEE LAW|INTERNATIONAL OBLIGATIONS
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: abstention

               United Nations                                                                   S/RES/2312 (2016)
               Security Council                                               Distr.: General
                                                                              6 October 2016




               Resolution 2312 (2016)
               Adopted by the Security Council at its 7783rd meeting, on
               6 October 2016

                    The Security Council,
                    Recalling resolution 2240 (2015) and Presidential Statement 2015/25,
                      Reaffirming its strong commitment to the sovereignty, independence,
               territorial integrity and national unity of Libya,
                    Welcoming the Secretary-General’s report S/2016/766,
                     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 internationa l 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 recognize 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 thousands of casualties, and noting with concern that such
               casualties were, in some cases, the result of exploitation and misinformation by
               transnational criminal organizations which facilitated the illegal smuggling of
               migrants via dangerous methods for personal gain and with callous disr egard for
               human life,
                     Expressing grave concern at the ongoing proliferation of, and endangerment of
               lives by, the smuggling of migrants in the Mediterranean Sea, in particular off the




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               coast of Libya and reiterating 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,
                     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, including 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 children, and to address
               international migration through international, regional or b ilateral cooperation and
               dialogue and through a comprehensive and balanced approach, recognizing the roles
               and responsibilities of countries of origin, transit and destination in promoting and
               protecting the human rights of all migrants, and avoiding appro aches 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 organized 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 Government of National Accord
               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 Government of National Accord 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 ongoing support 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
               Government of National Accord, and by neighbouring States,
                    Acknowledging the European Council Conclusions of 20 June 2016 and the
               press statement of the African Union Peace and Security Council of 16 February
               2016 which underlined the need for effective international action to address bo th the




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           immediate and long-term aspects of illegal migration and human trafficking towards
           Europe,
                  Taking note of the Decision of the Council of the European Union of 20 June
           2016 to extend the mandate of ‘EUNAVFOR Med Operation Sophia and to expand
           it, including capacity-building assistance and training to the Libyan Coastguard and
           Navy in law enforcement at sea, in particular to prevent human smuggling and
           trafficking,
               Taking further note of the ongoing discussions between the EU and the
           Government of National Accord 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 multidimensional 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 organized 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 migrant
           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 h uman trafficking,
                 Reaffirming the necessity to put an end to the ongoing 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 purpose s,
           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 stabilization of Libya and endanger the lives of hundreds of
           thousands of people;




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                     2.   Reiterates its calls on Member States acting nationally or through
               regional organizations, including the EU, to cooperate with the Government of
               National Accord and with each other, including by sharing information to assist
               Libya, upon request, in building needed capacity including to secure its borders and
               to prevent, investigate 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, through and from the territory of Libya and off its coast;
                     3.   Urges Member States and regional organizations, in the spirit of
               international solidarity and shared responsibility, to cooperate with the Government
               of National Accord, and with each other, including by sharing information about
               acts of 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 international law;
                    4.    Urges States and regional organizations 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 organizations 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
               organizations 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 organized 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
               organized criminal enterprises for migrant smuggling or human trafficking from
               Libya;
                    7.   Decides that, for a further period of twelve months from the date of
               adoption of this resolution to renew the authorizations as se t out in paragraphs 7, 8,
               9 and 10 of resolution 2240 (2015) and otherwise reiterates the content of those
               paragraphs;
                     8.   Reaffirms that the authorizations provided in paragraphs 7 and 8 of
               resolution 2240 (2015) 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 Me mber 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
               seas, with respect to any other situation, and that the authorizat ion provided in
               paragraph 10 in resolution 2240 (2015) applies only in confronting migrant
               smugglers and human traffickers on the high seas off the coast of Libya;




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                 9.   Underscores that this resolution is intended to disrupt the organized
           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;
                 10. Emphasizes 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;
                 11. Urges Member States and regional organizations acting under the
           authorizations referred to in paragraph 7 of this resoluti on to have due regard for the
           livelihoods of those engaged in fishing or other legitimate activities;
                12. 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;
                 13. 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 Prev ent,
           Suppress and Punish Trafficking in Persons, Especially Women and Children;
                 14. Requests States utilizing 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 paragraph 7 above;
                15. Requests the Secretary-General to report to the Security Council eleven
           months after the adoption of this resolution on its implementati on, in particular with
           regards to the implementation of paragraph 7 above;
                16. Expresses its intention to continue to review the situation and consider,
           as appropriate, renewing the authority provided in this resolution for additional
           periods;
                17.   Decides to remain seized of the matter.




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