A/HRC/40/46 I. Introduction 1. The present report is submitted pursuant to Human Rights Council resolution 37/41, in which the Council requested the United Nations High Commissioner for Human Rights to present a report on the human rights situation in Libya, including on the implementation of technical assistance and capacity-building, and on efforts to prevent and ensure accountability for violations and abuses of human rights. The report covers the period from 1 January to 31 December 2018. 2. The report was prepared in cooperation with the United Nations Support Mission in Libya (UNSMIL). The Office of the United Nations High Commissioner for Human Rights (OHCHR) continued to provide support to the implementation of the human rights mandate of UNSMIL. The Director of the UNSMIL Human Rights, Transitional Justice and Rule of Law Division represents the High Commissioner for Human Rights in Libya. II. Context 3. The Presidency Council of the Government of National Accord, established under the Libyan Political Agreement signed on 17 December 2015, continued to struggle to assert its control over the country and to provide basic public services, amid continuing political divisions and sporadic armed conflict. As at November 2018, discussions were ongoing between the House of Representatives and the High Council of the State on restructuring the Presidency Council, as required by the Agreement. 4. During the period under review, the Special Representative of the Secretary-General for Libya and Head of UNSMIL intensified his efforts towards the implementation of the United Nations action plan. The plan, presented to the General Assembly in September 2017, proposed holding a national referendum on the constitution and parliamentary and presidential elections by late 2018. At a conference on Libya hosted by the President of France on 29 May, representatives of the main parties agreed to hold elections on 10 December. However, on 12 and 13 November, the Government of Italy hosted an international meeting on Libya at which it was agreed that the elections could be held between March and June 2019 after a new broad-based national dialogue. 5. The House of Representatives debated the adoption of a referendum law to pave the way for a national vote on the draft constitution that was endorsed by the Constitution Drafting Assembly in July 2017. Following a vote in the House of Representatives on 26 November 2018 passing two amendments to the Constitutional Declaration, the House officially published amendments 10 and 11 on 28 November 2018 and issued the referendum law, which was approved in September. The process of updating electoral rolls was completed at the end of March. Municipal elections took place in a number of Libyan cities and towns. 6. In 2018, UNSMIL supported the national conference process, which brought together an estimated 7,000 Libyan men and women in more than 40 towns and cities across the country to discuss their aspirations and concerns regarding the country’s political future. UNSMIL also focused its efforts on working towards the unification of national institutions, tackling the country’s predatory economy and the introduction of economic reform. 7. Hundreds of armed groups have continued to operate throughout Libya outside effective State command and control structures, even though many were nominally integrated into the ministries of defence, interior and justice and were on the government payroll. These groups control borders and strategic installations, as well as prisons and detention facilities holding thousands of people. Efforts by UNSMIL to encourage the Government to remove law enforcement powers from such armed groups, as foreseen in the Libyan Political Agreement, stalled until fighting in Tripoli broke out on 24 August. Since then, several bodies have been established to reactivate this process. 8. The situation of lawlessness in that part of the country became a matter of growing concern. Common crimes and acts of political violence continued unabated as the economic 2