Security Council resolution 2095 (2013) [on extension of the mandate of the UN Support Mission in Libya (UNSMIL) for a period of 12 months]
Symbol: S/RES/2095 (2013)
Date: 2013-03-14
Status: adopted
Agenda: S/68 [220] UN SUPPORT MISSION IN LIBYA
S/68 [219] LIBYA SITUATION
Subjects: UN Support Mission in Libya|UN. Panel of Experts Established pursuant to Security Council Resolution 1973 (2011)|Charter of the United Nations (1945). Chapter VII|SPECIAL MISSIONS|INTERNAL SECURITY|POLITICAL CONDITIONS|LIBYA|HUMAN RIGHTS|REGIONAL COOPERATION|RULE OF LAW|HUMANITARIAN ASSISTANCE|ARMS EMBARGO|FROZEN ASSETS|ILLICIT TRAFFIC
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: AUSTRALIA
vote: yes
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GUATEMALA
vote: yes
country: LUXEMBOURG
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: RWANDA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                    S/RES/2095 (2013)
               Security Council                                                Distr.: General
                                                                               14 March 2013




               Resolution 2095 (2013)
               Adopted by the Security Council at its 6934th meeting, on
               14 March 2013

                    The Security Council,
                     Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of
               17 March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October
               2011, 2017 (2011) of 31 October 2011, 2022 (2011) of 2 December 2011, and 2040
               of 12 March (2012),
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                     Reaffirming its resolutions 1674 (2006) and 1894 (2009) on the protection of
               civilians in armed conflict, 1612 (2005), 1882 (2009), 1998 (2011), and 2068 (2012)
               on children and armed conflict, and 1325 (2000), 1820 (2008), 1888 (2009), 1889
               (2009), and 1960 (2010) on women, peace and security,
                    Looking forward to a future for Libya based on national reconciliation, justice,
               respect for human rights and the rule of law,
                     Emphasizing the importance of promoting the equal and full participation of
               all parts of Libyan society, including women, youth and minorities, in the political
               process in the post-conflict phase,
                     Recalling its decision in resolution 1970 (2011) to refer the situation in Libya
               to the Prosecutor of the International Criminal Court, and the importance of
               cooperation for ensuring that those responsible for violations of human rights and
               international humanitarian law, including attacks targeting civilians, are held
               accountable,
                     Expressing deep concern about reports of sexual violence during the conflict in
               Libya against women, men and children including in prison facilities and detention
               centres, and the recruitment and use of children in situations of armed conflict in
               violation of applicable international law,
                     Expressing concern at the lack of judicial process for conflict-related
               detainees, many of whom continue to be held outside State authority, and expressing
               deep concern at reports of human rights violations and abuses in detention centres,
               and taking note of recent actions by the Ministry of Justice to address these issues,



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                     Reiterating that the voluntary, safe and sustainable return of refugees and
               internally displaced persons will be an important factor for the consolidation of
               peace in Libya,
                     Expressing concern at the illicit proliferation of all arms and related materiel
               of all types, in particular heavy and light weapons, small arms and man-portable
               surface-to-air missiles, from Libya, in the region and its negative impact on regional
               and international peace and security,
                    Reminding all Member States of the obligations contained in its resolutions
               1970 (2011) and 1973 (2011), as modified in its subsequent resolutions, in particular
               those obligations relating to arms and related materiel of all types,
                     Expressing concern at an escalating series of security incidents, in particular in
               the east of Libya and along its southern borders,
                     Recalling the establishment of the United Nations Support Mission in Libya
               (UNSMIL) on 16 September 2011, and reaffirming that the United Nations should
               lead the coordination of the efforts of the international community in supporting, in
               accordance with the principles of national ownership and national responsibility, the
               Libyan-led transition and institution-building process aimed at establishing a
               peaceful, democratic, independent and united Libya,
                     Noting the centrality of credible elections and an inclusive constitutional
               drafting process to the democratic transition in Libya, and reaffirming UNSMIL’s
               readiness to provide assistance to this process, upon the request of the Libyan
               government,
                     Supporting the Libyan government’s intention to strengthen regional security
               and welcoming, in this regard, the agreement among Libya, Chad, Niger and Sudan
               to take steps to form a joint committee to address issues related to border security
               and the 12 January 2013 meeting in Ghadames with the Prime Ministers of Libya,
               Tunisia and Algeria that agreed joint measures to combat organized crime and illicit
               flows,
                    Taking note of the Libyan government’s priorities for international assistance
               in the areas of security sector reform, rule of law and transitional justice, and
               welcoming the support of UNSMIL in this regard, including at the meetings
               convened by the Libyan government with international partners in London on
               17 December 2012 and Paris on 12 February 2013,
                    Taking note of the Report of the Secretary-General on UNSMIL (S/2013/104),
               including the recommendation for the 12 month extension of the UNSMIL mandate,
                    Taking note of the final report of the Panel of Experts submitted pursuant to
               paragraph 10 (b) of resolution 2040 (2012) and the findings and recommendations
               contained therein,
                    Mindful of its primary responsibility for the maintenance of international peace
               and security under the Charter of the United Nations,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Welcomes the positive developments in Libya, including the 7 July 2012
               national elections, the establishment of the General National Congress and the
               peaceful transfer of authority from the National Transitional Council to the first



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           democratically constituted national unity government, which will improve the
           prospects for a democratic, peaceful and prosperous future for its people;
                 2.    Looks forward to an inclusive constitutional drafting process, and
           reiterates the need for the transitional period to be underpinned by a commitment to
           democracy, good governance, rule of law, national reconciliation and respect for
           human rights and fundamental freedoms of all people in Libya;
                 3.    Calls upon the Libyan government to promote and protect human rights,
           including those of women, children and people belonging to vulnerable groups, to
           comply with their obligations under international law, including human rights law,
           and calls for those responsible for serious violations of international humanitarian
           law and human rights law, including sexual violence and violations and abuses
           against children, to be held accountable in accordance with international standards,
           and urges all Member States to cooperate closely with the Libyan government in
           their efforts to end impunity for such violations;
                4.    Calls upon the Libyan government to continue to cooperate fully with
           and provide any necessary assistance to the International Criminal Court and the
           Prosecutor as required by resolution 1970 (2011);
                 5.    Expresses grave concern at continuing reports of reprisals, arbitrary
           detentions without access to due process, wrongful imprisonment, mistreatment,
           torture and extrajudicial executions in Libya, calls upon the Libyan government to
           take all steps necessary to accelerate the judicial process, transfer detainees to State
           authority and prevent and investigate violations and abuses of human rights, calls
           for the immediate release of all foreign nationals illegally detained in Libya, and
           underscores the Libyan government’s primary responsibility for the protection of
           Libya’s population, as well as foreign nationals, including African migrants;
                 6.    Encourages Libya and neighbouring States to continue efforts to promote
           regional cooperation aimed at stabilization of the situation in Libya and to prevent
           former Libyan regime elements and violent extremist groups from using the
           territories of such States to plan, fund or carry out violent or other illicit acts to
           destabilize Libya and the States in the region, and notes that such cooperation would
           benefit stability in the Sahel region;

           United Nations Mandate
                 7.    Decides to extend the mandate of the United Nations Support Mission in
           Libya (UNSMIL) for a further period of 12 months under the leadership of a Special
           Representative of the Secretary-General, and decides further that the mandate of
           UNSMIL as an integrated special political mission, in full accordance with the
           principles of national ownership, shall be to assist the Libyan government to define
           national needs and priorities throughout Libya, and to match these with offers of
           strategic and technical advice where appropriate, and to support Libyan efforts to:
                 (a) Manage the process of democratic transition, including through technical
           advice and assistance to Libyan electoral processes and the process of preparing,
           drafting and adopting a new Libyan constitution, and assistance that improves
           institutional capacity, transparency and accountability, promotes the empowerment
           and political participation of all parts of Libyan society, in particular women and
           minorities, including in the constitutional drafting process, and supports the further
           development of Libyan civil society;


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                     (b) Promote the rule of law and monitor and protect human rights, in
               accordance with Libya’s international legal obligations, particularly those of women
               and people belonging to vulnerable groups, such as children, minorities and
               migrants, including through assisting the Libyan government to ensure the humane
               treatment of and due process for detainees and to reform and build transparent and
               accountable justice and correctional systems, supporting the development and
               implementation of a comprehensive transitional justice strategy, and providing
               assistance towards national reconciliation as well as support to ensure the continued
               identification, separation and reintegration of children affected by armed conflict;
                     (c) Restore public security, including through the provision of appropriate
               strategic and technical advice and assistance to the Libyan government to develop
               capable institutions and effective national security coordination, and implement a
               coherent national policy for the integration of ex-combatants into Libyan national
               security forces or their demobilization and reintegration into civilian life, including
               education and employment opportunities, and to develop defence, police and
               security institutions that are capable, accountable, respectful of human rights and
               accessible and responsive to women and vulnerable groups;
                     (d) Counter illicit proliferation of all arms and related materiel of all types,
               in particular heavy and light weapons, small arms and man-portable surface-to-air
               missiles, including through the development of a coordinated strategy in this regard,
               to clear explosive remnants of war, conduct demining programmes and conventional
               munitions disposal, secure and manage Libya’s borders, and implement international
               conventions on chemical, biological and nuclear weapons and materials, in
               coordination with the relevant United Nations agencies, the Organization for the
               Prohibition of Chemical Weapons, and international and regional partners;
                     (e) Coordinate international assistance and build government capacity across
               all relevant sectors set out in relation to paragraphs 7 (a) to (d), including by
               supporting the appropriate coordination mechanism within the Libyan government,
               advice to the Libyan government to help identify priority needs for international
               support, engaging international partners in the process wherever appropriate,
               facilitation of international assistance to the Libyan government, and establishing a
               clear division of labour and regular and frequent communication between all those
               providing assistance to Libya;
                    8.     Encourages UNSMIL to continue to support efforts to promote national
               reconciliation, inclusive political dialogue and political processes aimed at
               promoting free, fair and credible elections, transitional justice and respect for
               human rights throughout Libya;

               Arms embargo
                     9.  Decides that supplies of non-lethal military equipment intended solely
               for humanitarian or protective use, and related technical assistance or training, shall
               no longer require the approval of the Committee, as previously provided for in
               paragraph 9 (a) of resolution 1970 (2011);
                    10. Decides that supplies of non-lethal military equipment, and the provision
               of any technical assistance, training or financial assistance, when intended solely for
               security or disarmament assistance to the Libyan government, shall no longer




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           require notification to, or the absence of a negative decision by, the Committee, as
           previously provided for in paragraph 13 (a) of resolution 2009 (2011);
                 11. Urges the Libyan government to improve further the monitoring of arms
           or related materiel that is supplied, sold or transferred to Libya in accordance with
           paragraph 9 (c) of resolution 1970 (2011) or paragraph 13 (a) of resolution 2009
           (2011), including through the use of end-user certificates, and urges Member States
           and regional organizations to provide assistance to the Libyan government to
           strengthen the infrastructure and mechanisms currently in place to do so;
                 12. Condemns the reported continuing violations of the measures contained
           in resolutions 1970 (2011) and 1973 (2011), as modified in its subsequent
           resolutions, and recalls the mandate of the Committee, as defined in paragraph 24 of
           resolution 1970 (2011), to examine and take appropriate action on information
           regarding alleged violations or non-compliance with those measures;

           Asset freeze
                 13. Directs the Committee, in consultation with the Libyan government, to
           review continuously the remaining measures imposed by resolutions 1970 (2011)
           and 1973 (2011), as modified by resolution 2009 (2011), with respect to the Libyan
           Investment Authority (LIA) and the Libyan Africa Investment Portfolio (LAIP), and
           decides that the Committee shall, in consultation with the Libyan government, lift
           the designation of these entities as soon as practical to ensure the assets are made
           available to and for the benefit of the people of Libya;

           Panel of Experts
                 14. Decides to extend the mandate of the Panel of Experts, established by
           paragraph 24 of resolution 1973 (2011) and modified by resolution 2040 (2012), for
           a period of thirteen months, expresses its intent to review the mandate and take
           appropriate action regarding further extension no later than twelve months from the
           adoption of this resolution, and decides that the Panel shall carry out the following
           tasks:
                (a) Assist the Committee in carrying out its mandate as specified in
           paragraph 24 of resolution 1970 (2011);
                 (b) Gather, examine and analyse information from States, relevant United
           Nations bodies, regional organizations and other interested parties regarding the
           implementation of the measures decided in resolutions 1970 (2011) and 1973 (2011)
           and modified in resolutions 2009 (2011) and 2040 (2012) and in this resolution, in
           particular incidents of non-compliance;
                (c) Make recommendations on actions that the Council, the Committee, the
           Libyan government or other States may consider to improve implementation of the
           relevant measures;
                 (d) Provide to the Council an interim report on its work no later than 90 days
           after the Panel’s appointment, and a final report to the Council no later than 60 days
           prior to the termination of its mandate with its findings and recommendations;
                 15. Urges all States, relevant United Nations bodies, including UNSMIL, and
           other interested parties, to cooperate fully with the Committee and the Panel, in
           particular by supplying any information at their disposal on the implementation of


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               the measures decided in resolutions 1970 (2011) and 1973 (2011), and modified in
               resolutions 2009 (2011) and 2040 (2012) and in this resolution, in particular
               incidents of non-compliance;
                     16. Encourages the Panel, while mindful of UNSMIL’s responsibility for
               assisting the Libyan government to counter illicit proliferation of all arms and
               related materiel of all types, in particular heavy and light weapons, small arms and
               man-portable surface-to-air missiles, and to secure and manage Libya’s borders, to
               continue and expedite its investigations regarding sanctions non-compliance,
               including illicit transfers of arms and related materiel to and from Libya and the
               assets of individuals subject to the asset freeze established in resolutions 1970
               (2011) and 1973 (2011), and modified in resolutions 2009 (2011), 2040 (2012) and
               this resolution, and encourages UNSMIL and the Libyan government to support
               Panel investigatory work inside Libya, including by sharing information, facilitating
               transit and granting access to weapons storage facilities, as appropriate;

               Reporting and review
                     17. Expresses its intent to review the mandate of the Committee in the event
               that the measures imposed in resolutions 1970 (2011) and 1973 (2011), and
               modified in resolutions 2009 (2011), 2040(2012) and in this resolution, should be
               lifted by a future decision of the Security Council;
                    18. Requests the Secretary-General to report to the Security Council on the
               implementation of this resolution, including all elements of UNSMIL’s mandate,
               every 90 days;
                    19.   Decides to remain actively seized of the matter.




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