Statement by the Delegation of Brazil at the UNSC briefing on the situation in Libya - December 16th, 2022

Madam/Mister President,

We thank the Special Representative Bathily for his briefing. We also welcome the Libyan delegation to this meeting.

Last month we heard the Special Representative speak about some of the obstacles preventing progress towards elections in Libya. The picture painted today differs very little from what we heard last month.

Mr Bathily spoke very candidly of some Libyan institutional players actively hindering progress towards elections. Brazil recalls, in that regard, that this Council, through its 1970 Sanctions Committee, remains in a position to target individuals who undermine the successful completion of the Libyan political transition.

It is worth recalling that, should there be evidence supporting a finding that individuals are obstructing elections, the Committee may extend to these persons the measures set out in resolution 1970. Indeed, such was the reminder made by this Council when adopting paragraph 8 of resolution 2656 last October, where this Council showed the necessary unity in the treatment of the situation in Libya.

Unity by this Council, additionally, requires not only calling for elections. We concur with the Special Representative that there is a legitimacy deficit in the parallel government institutions which emerged from an incomplete and already expired transitional period. Against that backdrop, we should be cautious not to allow the domestic bifurcation of Libyan institutions to replicate itself internationally.

In that regard, Brazil emphasizes the need of coordinating international efforts towards Libya under the auspices of the appropriate UN agencies, as well as the mediating role of UNSMIL. The adequate channeling of those efforts, through the appropriate multilateral fora, is necessary for ensuring a true Libyan-led and Libyan-owned political process.

We welcome the recent engagement by the Special Representative with regional actors. We hope that this engagement can actually contribute to the implementation of Libyan solutions, reached within Libya, through negotiations involving all Libyan stakeholders.

We also recall, in that regard, the significant role that the Peacebuilding Commission can play, upon Libyan request, to mobilize and coordinate international attention towards the country, in full respect of Libyan sovereignty.

Madam/Mister President,

Brazil emphasizes the importance of enforcing the arms embargo in Libya in a transparent and non-discriminatory manner. Today, the authorization for member States to inspect vessels suspected of violating the arms embargo, for all practical purposes, is acted upon only by one regional organization. This particular circumstance increases the demand for neutrality and impartiality of the operation implementing the arms embargo.

We welcome the organization by the French mission, last week, of a briefing session on Operation IRINI, with the participation of the force commander. A better understanding of the obstacles – in terms of logistics and capacity – preventing IRINI from identifying more vessels potentially in breach of the arms embargo, would certainly strengthen perceptions that the operation contributes, in an objective manner, to reducing the arms flow to Libya.

Brazil commends the contribution of the 5+5 Joint Military Commission to consolidating the ceasefire agreement reached in 2020. We welcome, in particular, the Commission’s endorsement, last week, of terms of reference paving the way for the disarmament, demobilization and reintegration of armed groups in Libya. We look forward to further results on that front, bearing in mind the Commission’s upcoming meeting scheduled for next month.

On the withdrawal of foreign forces and mercenaries from Libya, we emphasize the last two resolutions adopted by this Council: resolutions 2656 and 2647, adopted last October and July. Both resolutions acknowledge the need for a synchronised, phased, gradual and balanced withdrawal. At the same time, both resolutions also urged for the initiation of that withdrawal immediately, without further delay. Brazil calls upon all parties to act accordingly.

Finally, we would like to reiterate concerns about the active management of Libyan assets frozen abroad, as well as about the application of policies that contribute to the erosion of these assets. We recall the conclusion by the panel of experts that the active management of Libyan frozen assets is not allowed under the auspices of paragraph 19 of resolution 1970. We also recall the panel’s observation that some national policies, used in commercial banking, may actually contradict the aim of the sanctions regime, which is to preserve these funds for the benefit of the Libyan people.

Madam/Mister President,

Brazil stands committed to further contributing towards the restoration of peace and stability in Libya, in a manner that is respectful of Libyan sovereignty and territorial integrity. We continue to believe that, in order to achieve that goal, our efforts should focus on allowing Libyan priorities to materialize. These are most prominent in the fields of national reconciliation, institution-building, peacebuilding and economic development, and must be pursued without foreign interference and for the benefit of the Libyan people, under a unified Libyan state.

Thank you.