A/HRC/43/75
VIII.
Conclusions
79.
In 2019, the ongoing armed conflict and overall deterioration in security in
Libya had an adverse impact on the situation of human rights and further
exacerbated political and economic uncertainty.
80.
Armed groups, including those integrated under State institutions, continued to
be primarily responsible for human rights violations and abuses and violations of
international humanitarian law. National institutions were unable, and in some cases
unwilling, to ensure accountability or to end impunity.
81.
Migrants and refugees in Libya continued to be routinely subjected to a range
of serious human rights abuses and violations, including arbitrary detention, torture,
sexual violence, abduction for ransom, extortion, forced labour and unlawful killings.
Perpetrators continued to operate with impunity.
82.
Civic space remained subject to considerable constraints. Civil society actors,
including human rights defenders, particularly women human rights defenders and
journalists, continued to face threats, intimidation and harassment, and some were
the victims of deadly attacks.
83.
Following its interactive debate on Libya in 2019, the Human Rights Council
has a unique opportunity in 2020 to take concrete steps to counter impunity and to
promote accountability in Libya by establishing an international body to investigate
human rights violations and abuses and violations of international humanitarian law
committed in the country.
IX.
Recommendations
84.
The United Nations High Commissioner for Human Rights recommends that
the Government of National Accord:
(a)
Address the situation of detainees and all those deprived of liberty by
ensuring that the State has exclusive control of all detention facilities and that all cases
are processed promptly by independent judicial bodies, and also by ensuring the
release of those arbitrarily detained and full respect for due process and fair trial
standards, in accordance with Libyan law and international human rights law;
(b)
Institute a process of disarmament, demobilization and reintegration of
members of armed groups, together with a vetting programme, compliant with due
process standards, to remove and prevent the recruitment into the State security
forces of individuals concerning whom there are reasonable grounds to believe they
have been involved in violations of international humanitarian law or human rights
violations or abuses;
(c)
Conduct prompt, independent, impartial, thorough and transparent
investigations into serious violations of international humanitarian law and human
rights violations or abuses, ensuring the right to justice, truth and reparations,
appropriate care and protection for victims, and accountability for those responsible,
in accordance with the law, and in full compliance with due process and fair trial
standards;
(d)
Ensure the immediate transfer of women detainees to facilities with
sufficient female guards and other trained personnel; establish gender-appropriate
health-care and other services for women and accompanying children in detention;
and protect women detainees from torture and sexual abuse or exploitation;
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