Security Council resolution 2040 (2012) [on extension of the mandate of the UN Support Mission in Libya (UNSMIL) for a period of 12 months]
Symbol: S/RES/2040(2012)
Date: 2012-03-12
Status: adopted
Agenda: S/67 [219] LIBYA SITUATION
S/67 [220] UN SUPPORT MISSION IN LIBYA
Subjects: UN Support Mission in Libya > Terms of reference|UN. Panel of Experts Established pursuant to Security Council Resolution 1973 (2011) > Terms of reference|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya|UN. Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya|Charter of the United Nations (1945). Chapter VII|SPECIAL MISSIONS|ELECTIONS|HUMAN RIGHTS|ARMS EMBARGO|FROZEN ASSETS|LIBYA|SANCTIONS COMPLIANCE|TECHNICAL COOPERATION|REPORT PREPARATION|DEMOCRACY|RULE OF LAW|RECONCILIATION|POST-CONFLICT RECONSTRUCTION|INTERNAL SECURITY|HUMAN RIGHTS VIOLATIONS|DETAINED PERSONS|ELECTION VERIFICATION|ARMS LIMITATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                    S/RES/2040 (2012)
               Security Council                                                Distr.: General
                                                                               12 March 2012




               Resolution 2040 (2012)
               Adopted by the Security Council at its 6733rd meeting, on
               12 March 2012

                    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 and 2022 (2011) of 2 December 2011,
                     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), and 1998 (2011) on children
               in 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 sectors of Libyan society, including women, youth and minority communities in
               the political process in the post-conflict phase,
                     Recalling its decision 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
               contravention of applicable international law,
                     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 man-portable surface-to-air missiles, from Libya, in the
               region and its potential impact on regional and international peace and security,


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                     Stressing that national ownership and national responsibility are key to
               establishing sustainable peace and that it is the primary responsibility of national
               authorities to identify their priorities and strategies for post-conflict peacebuilding,
                     Stressing the need for the United Nations to work actively with the Libyan
               authorities to identify and support delivery of the priorities and strategies for postconflict peacebuilding,
                     Reaffirming that the United Nations should lead the coordination of the efforts
               of the international community in supporting the Libyan-led transition and
               rebuilding process aimed at establishing a democratic, independent and united
               Libya, and appreciating the assistance of the United Nations Support Mission in
               Libya in convening recent workshops with the Libyan government to identify
               national needs and priorities,
                     Noting the centrality of credible elections to a peaceful transition in Libya,
               encouraging the taking of all necessary steps in this regard, and welcoming the
               adoption of a Libyan national electoral law on 28 January 2012 and the
               establishment of an Electoral Commission on 12 February 2012,
                     Supporting Libya’s intention to strengthen regional security and taking note of
               their proposal to host a regional security conference,
                     Commending the Libyan authorities for engaging with the International
               Monetary Fund and World Bank on conducting an assessment of Libya’s public
               financial management framework, and reiterating its request that the Committee
               established pursuant to resolution 1970 (2011) be informed of the results of that
               assessment,
                     Taking note of the Report of the Secretary-General on the United Nations
               Support Mission in Libya (S/2012/129), including the recommendation for the
               modification and 12 month extension of the UNSMIL mandate, and recalling the
               letter of 6 March 2012 from Mr. Abdurraheem Al-Kib, Prime Minister of Libya, to
               the Secretary-General (S/2012/139),
                    Taking note of the final report of the Panel of Experts submitted pursuant to
               paragraph 24 (d) of resolution 1973 (2011) and the findings and recommendations
               contained therein,
                     Taking note of its briefing by the High Commissioner for Human Rights on
               25 January 2012 and the report of the International Commission of Inquiry on Libya
               to the Human Rights Council of 2 March 2012 (A/HRC/19/68),
                    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 recent positive developments in Libya which will improve
               the prospects for a democratic, peaceful and prosperous future for its people;
                     2.    Looks forward to free, fair and credible elections in June 2012 to
               establish a Constituent Assembly, 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;



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                 3.   Calls upon the Libyan authorities to promote and protect human rights,
           including those of women and people belonging to vulnerable groups, to comply
           with their obligations under international law, including international humanitarian
           law and human rights law, and calls for those responsible for serious violations of
           such law, including sexual violence, to be held accountable in accordance with
           international standards, and urges all Member States to cooperate closely with the
           Libyan authorities in their efforts to end impunity for such violations;
                 4.    Expresses grave concern at continuing reports of reprisals, arbitrary
           detentions without access to due process, wrongful imprisonment, mistreatment,
           torture and extrajudicial executions in Libya and calls upon the Libyan authorities
           to take all steps necessary to prevent violations of human rights, underscores the
           Libyan authorities’ primary responsibility for the protection of Libya’s population,
           as well as foreign nationals, including African migrants, and calls for the immediate
           release of all foreign nationals illegally detained in Libya;
                5.    Encourages Libya and neighbouring states to engage in order to establish
           regional cooperation aimed at stabilization of the situation in Libya and to prevent
           former Libyan regime elements 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
                 6.    Decides to extend the mandate of the United Nations Support Mission in
           Libya (UNSMIL) for a further period of 12 months, subject to review within
           6 months, under the leadership of a Special Representative of the Secretary-General,
           and decides further that the modified mandate of UNSMIL, in full accordance with
           the principles of national ownership, shall be to assist the Libyan authorities to
           define national needs and priorities throughout Libya, and to match these with offers
           of strategic and technical advice where appropriate, and support Libyan efforts to:
                 (a) manage the process of democratic transition, including through technical
           advice and assistance to the Libyan electoral process and the process of preparing
           and establishing a new Libyan constitution, as set out in the National Transitional
           Council’s Constitutional Roadmap, and assistance that improves institutional
           capacity, transparency and accountability, promotes the empowerment and political
           participation of women and minorities and supports the further development of
           Libyan civil society;
                 (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 authorities 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, support to ensure the
           proper treatment of detainees and the demobilization of any children remaining
           associated with revolutionary brigades;
                 (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 implement a coherent national approach to the integration



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               of ex-combatants into Libyan national security forces or their demobilization and
               reintegration into civilian life, including education and employment opportunities,
               and to develop 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 man-portable surface-to-air missiles, clear explosive remnants of war,
               conduct demining programmes, 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 6 (a) to (d), including by
               supporting the coordination mechanism within the Libyan government announced
               on 31 January 2012, 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;
                    7.     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
                     8.    Decides to terminate the authorization granted in paragraph 13 of
               resolution 1973 (2011) to Member States to use all measures commensurate to the
               specific circumstances to carry out inspection pursuant to that paragraph, decides
               further to terminate paragraph 14 of that resolution, and underscores the importance
               of the full implementation of the arms embargo imposed in paragraphs 9 and 10 of
               resolution 1970 (2011), as modified by resolution 2009 (2011);

               Asset Freeze
                     9.    Directs the Committee, in consultation with the Libyan authorities, 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 authorities, 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
                     10. Decides to extend and modify the mandate of the Panel of Experts,
               established by paragraph 24 of resolution 1973 (2011), and decides further to adjust
               the mandate to create for a period of one year, in consultation with the Committee




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           and taking into account the current areas of activity, a group of up to 5 experts (“the
           Panel”) under the direction of the Committee to 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 resolution 1970 (2011), 1973 (2011) and
           2009 (2011), in particular incidents of non-compliance;
                (c) make recommendations on actions that the Council, the Committee, the
           Libyan authorities 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 30 days
           prior to the termination of its mandate with its findings and recommendations;
                 11. 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
           the measures decided in resolutions 1970 (2011) and 1973 (2011), and modified in
           resolution 2009 (2011), in particular incidents of non-compliance;
                 12. Encourages the Panel, while mindful of UNSMIL’s responsibility for
           assisting the Libyan authorities to counter illicit proliferation of all arms and related
           materiel of all types, in particular man-portable surface-to-air missiles, and to secure
           and manage Libya’s borders, to continue 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 resolution 2009 (2011),
           and encourages UNSMIL and the Libyan authorities 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
                 13. 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 resolution 2009 (2011) and in this resolution, should be lifted by a
           future decision of the Security Council;
                14. Requests the Secretary-General to report to the Security Council on the
           implementation of this resolution, including all elements of UNSMIL’s mandate,
           every 60 days;
                 15. Also requests the Secretary-General to report to the Security Council
           following the elections of a Constituent Assembly on steps taken by UNSMIL to
           engage with the new Libyan government in order to ensure that it continues
           effectively to support Libya’s specific needs, with a view to reviewing and adjusting
           the mandate as necessary;
                16.   Decides to remain actively seized of the matter.




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