A/HRC/40/46 D. Transitional justice 67. Little progress was made in the implementation of provisions of the Libyan Political Agreement that committed parties to implement law No. 29 of 2013 on transitional justice. 68. In its resolution 1970 (2011), the Security Council referred the situation of Libya to the Prosecutor of the International Criminal Court, giving it jurisdiction over crimes committed in Libya since 15 February 2011. Three persons are subject to arrest warrants by the Court and remain at large: Saif al-Islam Qadhafi,12 Mahmoud al-Werfalli (see para. 23) and Khaled Touhami.13 UNSMIL/OHCHR has been urging all parties to cooperate with the Court and to surrender the suspects to it. 69. On 3 June, local officials from Misrata and Tawergha signed a reconciliation charter, which fell far short of international human rights standards. In particular, it does not secure the unconditional and safe return of the estimated 40,000 Tawerghan internally displaced persons forcibly displaced since the armed conflict in 2011. Its preamble reproduces a onesided narrative of the conflict, only referencing crimes allegedly committed by the Tawergha community. The charter further undermines the Tawerghans’ rights to freedom of expression and association, places returns and security at the mercy of armed groups from Misrata and excludes some Tawerghans from the possibility of returning to their home town. Despite these restrictions and the lack of infrastructure and services in Tawergha, a small number of families did return. Technical support 70. UNSMIL/OHCHR continued to engage with the Office of the Prosecutor General and other officials on issues relating to fair trial standards, criminal law reform and accountability, and raised a number of individual cases of concern and patterns of abuse. 71. On 15 and 16 October, UNSMIL and the United Nations Development Programme (UNDP) organized an expert meeting on transitional justice in Tunis to discuss legislation and mechanisms in place for transitional justice as well as ways to relaunch a process that has been stalled for several years. The discussions addressed the need to establish a factfinding commission, given the central role it would play in the transitional justice process. Participants agreed on the need to amend the 2013 Transitional Justice Law currently in force and proposed alternative or additional language on most articles. 72. On 29 October, UNSMIL participated in a workshop organized in Tunis by the University of Benghazi and the University of Leiden (Netherlands) on transitional justice in Libya. The workshop gathered representatives of academia, the judiciary and NGOs, who highlighted the shortcomings of the current legislation and the need to ensure that the transitional justice process would address the sociopolitical reality and national identity to contribute to reconciliation. 73. On 5 November, UNSMIL attended an expert discussion at the Ministry of Justice on a draft executive regulation on the 2013 Transitional Justice Law. There was consensus that the law was outdated and weak. UNSMIL noted concerns about the definitions of crimes, the omission of gender-based violence and child recruitment, and ambiguity regarding the administrative or quasi-judicial nature of the future fact-finding commission and the method for granting reparations to victims. Conveners expressed readiness to consider comments and recommendations and to hold similar events in the future. UNSMIL reiterated its willingness 12 13 12 Saif al-Islam Qadhafi is the subject of an arrest warrant issued by the Court in 2011 for crimes against humanity and war crimes. His release from detention by armed groups in Zintan was widely reported in June 2017, but his fate and whereabouts remain unclear. See International Criminal Court, The Prosecutor v. Saif Al-Islam Gaddafi, case No. ICC-01/11-01/11. On 24 April, the Court unsealed an arrest warrant for Khaled al-Tohamy for crimes against humanity and war crimes, including murder and persecution committed during the 2011 armed conflict. See International Criminal Court, The Prosecutor v. Al-Tuhamy Mohamed Khaled, case No. ICC-01/1101/13.