Conclusions of Berlin Conference on Libya

* Photo: Anadolu Agency (AA)

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Having convened in the capital city of Germany to establish a permanent ceasefire and initiate a political process in Libya, the Berlin Conference on Libya came to an end yesterday evening (January 19).

In the conclusions released shortly afterwards, 55 articles have been listed under the chapters of "Ceasefire", "Arms Embargo", "Return to Political Process", "Security Sector Reform", "Economic and Financial Reform" and "Respect for International Humanitarian Law and Human Rights".

The Conclusions of the Berlin Conference on Libya will be presented to the United Nations (UN) Security Council.

Territorial integrity

The participants of the conference have "reaffirmed their strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya." They have emphasized that "only a Libyan-led and Libyan owned political process can end the conflict and bring lasting peace."

It has been further underlined that "the conflict in Libya, the instability in the country, the external interferences, the institutional divisions, the proliferation of a vast amount of unchecked weapons and the economy of predation continue to be a threat to international peace and security by providing fertile grounds for traffickers, armed groups and terrorist organizations."

Accordingly, the leaders have agreed that "there can be no military solution in Libya" and expressed the joint commitment "to refraining from interference in the armed conflict or in the internal affairs of Libya and urge all international actors to do the same."

Military activities

Under the chapter of "Ceasefire," the leaders have said that they "welcome the marked reduction in violence since January 12th and the negotiations undertaken in Moscow on January 13th as well as all other international initiatives aimed at paving the way towards a ceasefire agreement."

The leaders have also made the following calls to the related parties:

"We call for the termination of all military movements by, or in direct support of, the conflict parties, in and over the entire territory of Libya, starting from the beginning of the ceasefire process.

"We call for the institution of confidence-building measures, such as the exchange of prisoners and mortal remains.

"We call for a comprehensive process of demobilization and disarmament of armed groups and militias in Libya and the subsequent integration of suitable personnel into civilian, security and military state institutions, on an individual basis and based on a census of armed groups personnel and professional vetting. We call upon the United Nations to assist this process.

"We call for the implementation of UNSCR 2368 and other relevant resolutions concerning ISIL (Da'esh), Al-Qaida, and designated individuals, groups, and entities, in particular the provisions related to the travel ban and freezing without delay of the funds and other financial assets or economic resources of designated individuals and entities."

Violations of ceasefire

Calling upon the UN to facilitate ceasefire negotiations between the parties, the leaders have also called for sanctions in the event that the ceasefire arrangements are violated:

"We call upon the UNSC to impose appropriate sanctions on those who are found to be in violation of the ceasefire arrangements and on Member States to enforce these."

Arms embargo

Under the chapter of "Arms Embargo", the leaders have expressed their commitment to "unequivocally and fully respect and implement the arms embargo established by United Nations Security Council Resolution 1970 (2011) and the Council's subsequent Resolutions." Accordingly, they have "called on all international actors to do the same."

"We call on all actors to refrain from any activities exacerbating the conflict or inconsistent with the UNSC arms embargo or the ceasefire, including the financing of military capabilities or the recruitment of mercenaries", the conclusions have further read.

In a similar call for sanctions, it has been indicated, "We call on all actors to apply and enforce UNSC sanctions, including through national implementation measures, against those who are found to be in breach of the UNSC arms embargo or the ceasefire, from this day forward."

Unified, inclusive Libyan government

Under the chapter of "Return to the Political Process", the leaders have called for "the establishment of a functioning Presidency Council and the formation of a single, unified, inclusive and effective Libyan government approved by the House of Representatives."

"We urge all Libyan parties to resume the inclusive Libyan-led and Libyan-owned political process under the auspices of UNSMI, engaging in it constructively, paving the way to end the transitional period through free, fair, inclusive and credible parliamentary and presidential elections organized by an independent and effective High National Elections Commission", the conclusions have further read.

Urging all actors to "restore and respect the integrity and unity of Libyan executive, legislative, judiciary and other State institutions," the leaders have also called for a "transparent, accountable, fair and equitable distribution of public wealth and resources between different Libyan geographical areas."

Monopoly of the State to use force

Under "Security Sector Reform", the participants have called for "the restoration of the monopoly of the State to the legitimate use of force."

"We support the establishment of unified Libyan national security, police and military forces under central, civilian authority, building upon the Cairo talks, and the documents produced therein", they have added further.

National Oil Corporation

The chapter entitled "Economic and Financial Reform" has underlined that "it is of utmost importance to restore, respect and safeguard the integrity, unity and lawful governance of all Libyan sovereign institutions, in particular the Central Bank of Libya (CBL), the Libya Investment Authority (LIA), the National Oil Corporation (NOC) and the Audit Bureau (AB)."

Recognizing the National Oil Corporation of Libya (NOC) as "Libya's sole independent and legitimate oil company" in line with the relevant UN Security Council Resolutions, the leaders participating in the conference have stated the following about the issue:

"We urge all parties to continue to guarantee the security of its installations and refrain from any hostilities against all oil facilities and infrastructure. We reject any attempt at damaging Libya's oil infrastructure, any illicit exploitation of its energy resources, which belong to the Libyan people, through the sale or purchase of Libyan crude oil and derivatives outside the NOC's control and call for the transparent and equitable distribution of oil revenues. We appreciate the monthly publication by the NOC of oil revenues, as a proof to its commitment to improve transparency."

Encouraging the "establishment of a reconstruction mechanism for Libya supporting development and reconstruction in all regions under the auspices of a new, representative and unified government exercising its authority over all Libyan territory", the conclusions have underlined that cities of Benghazi, Derna, Murzuq, Sabha, Sirte, and Tripoli are "the severely affected areas with priority to be placed on reconstruction projects."

Use of force against civilians

Under the chapter of "Respect for International Humanitarian Law and Human Rights", the leaders have urged all parties in Libya "to fully respect international humanitarian law and human rights law, to protect civilians and civilian infrastructure, including airports, to allow access for medical, human rights monitors, humanitarian personnel and assistance and to take action in order to protect the civilian population."

They have also stressed the need "to hold accountable all those who have violated provisions of international law, including in indiscriminate use of force against civilians, attacks on densely populated residential areas, extrajudicial killings, kidnappings, enforced disappearances, sexual and gender-based violence, torture and ill-treatment, human trafficking, and violence against or the abuse of migrants and refugees."

International Follow-up Committee

Welcoming that "Prime Minister Sarraj and Marshal Haftar have nominated their representatives for the military 5+5-Committee proposed by UNSMIL in its support of operationalization attached as an annex to these conclusions", the participants of the conference have indicated the following:

"In order to allow for substantial and serious talks in the 5+5-Committee, all participants of the Conference declare that they will refrain from any further military deployments or operations as long as the truce is respected.

"We herewith create an International Follow-Up Committee (IFC) consisting of all countries and International Organisations that participated in today's Berlin Conference on Libya in order to maintain coordination in the aftermath of the Berlin Conference on Libya, under the aegis of the United Nations. The IFC will meet on two levels:

"a) One plenary at Senior Official-level, to meet on a monthly basis with an UNSMIL chair and, additionally, a rotating co-chair and locations. The IFC would be responsible for tracking progress against implementation of these Conclusions and exert leverage where necessary. At the end of each session, a conclusion acknowledging specific achievements or compliance would be presented.

"b) Four technical working groups, with closed meetings at expert-level to take place twice a month during the first implementation stages. The working groups will be based on these Conclusions' baskets. Each group will be led by a UN representative. In closed sessions, participants will (i) address obstacles to implementation, (ii) share relevant information and (iii) coordinate operational requirements and assistance without prejudice to the mandate of the UN Security Council." (TP/SD)