A/HRC/40/46
to support the process and called for greater participation of women in discussions on
transitional justice.
VII. United Nations human rights due diligence policy
74.
The United Nations in Libya continued its efforts to implement the human rights due
diligence policy on United Nations support to non-United Nations security forces (A/67/775S/2013/110, annex).14 In its capacity as secretariat of the task force on the implementation of
the policy in Libya, the Human Rights, Rule of Law and Transitional Justice Division of
UNSMIL provided substantive guidance on its application and technical expertise in the
evaluation of information in relation to the human rights record of potential recipients of
operational support. Mitigating measures were undertaken in relation to support to the Libyan
Coast Guard and the Department for Combating Illegal Migration, including increased
monitoring of compliance with human rights law by recipients of support and screening to
exclude anyone with a problematic human rights record, while enhancing accountability.
75.
In August, the United Nations in Libya endorsed a risk assessment and adopted
mitigating measures in relation to support to the Department for Combating Illegal Migration.
Mitigation measures included high-level advocacy, human rights monitoring and reporting,
and exclusion from training and material support of members and commanders of the
Department when there are substantial reasons to suspect their involvement in human rights
violations.
76.
On 12 October, the United Nations in Libya endorsed a risk assessment, mitigating
measures and an action plan in the framework of a joint project by UNSMIL and UNDP on
policing and security. Measures included vetting of recipients of support, oversight and
monitoring, and relevant training for unit commanders and other senior officers, including
on human rights. The United Nations is discussing a new project that may involve operational
support to the General Administration for Coastal Security by the International Office for
Migration and UNHCR.
VIII. Conclusions and recommendations
77.
Armed groups, including those integrated under State institutions, continued to
be primarily responsible for violations and abuses of international human rights law
and violations of international humanitarian law in Libya. National institutions
remained weak and divided and were unable and/or, in some cases, unwilling to ensure
accountability or end impunity.
78.
Recognizing the urgent need to bring to an end widespread human rights
violations and abuses committed in a climate of impunity, the High Commissioner
appeals to all parties to the conflict to cease all hostilities and support the revised United
Nations action plan to end the political stalemate.
79.
The High Commissioner regrets that little progress has been made in
implementing recommendations of her predecessor and reiterates calls on all parties to
the conflict, including those with de facto control of territory in Libya, to:
(a)
Desist immediately from all acts constituting violations of international
humanitarian law and violations or abuses of international human rights law, including
those constituting crimes under international law; in particular, they should cease
14
The human rights due diligence policy, adopted in 2011, requires all United Nations entities to be
diligent in ensuring that support to non-United Nations security forces is provided in a manner that is
in compliant with, and promotes respect for, international human rights and humanitarian law. This
requires United Nations entities providing support to: (a) carry out a risk assessment evaluating the
potential risks and benefits involved in the provision or withholding of support; (b) engage
transparently with the receiving entities about the legal obligations of the United Nations and core
principles governing the provision of support; and (c) develop an effective implementation
framework.
13
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