A/HRC/43/75
(e)
Urgently address the situation of migrants and refugees to ensure that
the human rights of all individuals, regardless of their migration status, are protected
and respected, including by decriminalizing irregular migration, adopting an effective
refugee status determination procedure, immediately ending all situations of illegal
and arbitrary detention by implementing human rights-compliant alternatives to
detention, and bringing to justice those responsible for violations and abuses against
migrants and refugees, whether they are State or non-State agents;
(f)
Facilitate the voluntary, safe and dignified return of internally displaced
persons, and protect them from revenge attacks and other forms of violence;
(g)
Extend full cooperation to the International Criminal Court, including
by facilitating unhindered access to relevant locations in Libya, witnesses and
information, and complying with its decisions and orders.
85.
The High Commissioner recommends that all parties to the conflict:
(a)
Agree to a ceasefire and immediately desist from all acts constituting
violations of international humanitarian law and human rights violations or abuses,
including those constituting crimes under international law; in particular,
immediately cease all attacks on civilians and civilian objects, and comply fully with
all applicable principles of international humanitarian law, in particular the
principles of distinction, proportionality and precaution; take steps to end summary
executions and other unlawful killings; put an end to pillage and destruction and
appropriation of property; and hold accountable those responsible;
(b)
Declare that such acts will not be tolerated and remove those suspected
of such acts from active duty, pending investigation and prosecution by judicial
authorities, in accordance with the law;
(c)
Facilitate the unfettered and unhindered access to places of detention
and to all detainees by United Nations entities and other organizations providing
humanitarian assistance and protection, and abstain from any retaliation against
detainees speaking with United Nations and other delegations;
(d)
Guarantee the protection of civil society actors, including journalists and
human rights defenders, as civilians under international humanitarian law, and
respect their right to monitor and report freely on the armed conflict, without fear of
attack or reprisal for their work;
(e)
Release immediately all those detained arbitrarily and unlawfully, and
transfer all other persons deprived of their liberty to official prisons under the
effective and exclusive control of the Judicial Police of the Ministry of Justice; conduct
thorough and effective investigations to establish the fate and whereabouts of those
forcibly disappeared; locate their remains when it is concluded that the person is no
longer alive, and hand them over to their relatives; and provide reparation to the
victims and/or their families;
(f)
Take concrete steps to eliminate torture and ill-treatment, including rape
and all forms of sexual violence, including acts committed by individuals operating in
support of the State or as its agents.
86.
The High Commissioner recommends that the international community:
(a)
Encourage Libya to deliver on its pledges and commitments made as a
member of the Human Rights Council to support United Nations programmes that
play an important role in the protection of human rights, to establish a constructive
dialogue with all civil society organizations and non-governmental organizations
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