A/HRC/34/42
I. Introduction
1.
On 27 March 2015, the Human Rights Council adopted its resolution 28/30, in
which it requested the United Nations High Commissioner for Human Rights to dispatch a
mission to investigate violations and abuses of international human rights law committed in
Libya since the beginning of 2014. The report on the investigation was issued on 15
February 2016 (A/HRC/31/47).
2.
The Council subsequently adopted its resolution 31/27, in which it requested the
High Commissioner to present a written report to the Council, including on the
effectiveness of technical assistance and capacity-building measures received by the
Government of Libya, and an assessment of further technical support or assistance needed
to implement the resolution and the recommendations contained in the report of the Office
of the United Nations High Commissioner for Human Rights (OHCHR) on the
investigation by the Office on Libya to address the situation of human rights in Libya.
3.
The present report was prepared in cooperation with the United Nations Support
Mission in Libya (UNSMIL). OHCHR continues to provide support to the human rights
mandate of UNSMIL. The Director of the UNSMIL Human Rights, Transitional Justice
and Rule of Law Division represents the High Commissioner in Libya.
II. Context
4.
Following the deterioration in the security and political situation in 2014, the Libyan
Political Agreement was signed and a Presidency Council headed by Prime Minister Serraj
was established on 17 December 2015. Under the Agreement, the Presidency Council was
tasked with forming a Government of National Accord, to be endorsed by the House of
Representatives elected in 2014. In its resolution 2259 (2015), the Security Council
endorsed the Agreement and the Government of National Accord as the internationally
recognized Government of Libya and called for official contact with parallel institutions
outside the framework of the Agreement to be ended. Various actors in Libya, including
powerful armed groups, opposed the Agreement and by the end of 2016 the House of
Representatives had not endorsed the Government of National Accord proposed by the
Presidency Council. In March 2016, the Presidency Council moved to Tripoli and, in
response to the continuing legislative vacuum, delegated ministerial responsibilities to a
caretaker Government headed by Prime Minister Serraj. However, the Presidency Council
remained unable to take full control of governmental functions or implement many of the
provisions of the Agreement, including its security, human rights, transitional justice and
rule of law provisions. Armed groups across the country remained the most powerful actors
on the ground, contributing to insecurity and abuses of human rights. The economic
situation and the provision of public services deteriorated, with frequent power cuts and
cash shortages, while common crimes and acts of political violence appeared to increase.
5.
The elected Constitution Drafting Assembly finalized a draft constitution in April
2016. An ongoing dispute over whether the Assembly adopted the draft with a sufficient
number of votes has hindered progress towards its approval by way of a national
referendum.
6.
Throughout 2016, Operation Dignity forces (consisting of Libyan National Army
forces and other armed groups led by General Khalifa Haftar) continued to fight against the
Benghazi Revolutionaries Shura Council and groups pledging allegiance to the Islamic
State in Iraq and the Levant (ISIL) in Benghazi, reducing the territory controlled by the
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