A/HRC/25/42 I. Introduction 1. The present report is submitted pursuant to Human Rights Council resolution 22/19, adopted on 21 March 2013, in which the Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) “to prepare a written report, for submission to the Human Rights Council at its twenty-fifth session, reflecting human rights regarding the technical support and capacity-building needs of Libya, with a view to strengthening the promotion and protection of, and respect for, human rights and fundamental freedoms and exploring ways of cooperation to overcome the challenges in the areas of security, respect for the rule of law, transitional justice and human rights”. II. Background 2. Libya is undergoing a difficult transitional period, as it emerges from four decades of large-scale human rights violations and an intensive armed conflict in 2011 which overthrew the regime of Colonel Muammar Qadhafi, coupled with the collapse of security structures and State institutions. Security has continued to be a predominant concern against a backdrop of substantial political and criminal violence. The armed brigades which emerged during the conflict have increased in size since the end of the conflict in 2011 and exert considerable political and military power. The majority of the brigades are nominally affiliated to the Government but operate with effective autonomy. Despite the efforts of the Government to establish stability and the rule of law, unrest continues with targeted assassinations of State officials, particularly in Benghazi, and further incidents of violence in Tripoli and other parts of the country, reflecting an ongoing power struggle among the brigades and illustrating the major difficulties the Government faces in asserting its control and authority over the whole country. 3. On 25 February 2011, the Human Rights Council adopted resolution S-15/1, in which it decided to dispatch urgently an independent, international commission of inquiry to Libya to investigate all alleged violations of international human rights law. The International Commission of Inquiry presented its first report to the Council on 1 June 20111 and its final report on 8 March 2012.2 In its resolution 22/19, the Human Rights Council took note of the final report and encouraged the Government of Libya to implement fully the recommendations contained therein. 4. On 16 September 2011, in resolution 2009 (2011) the Security Council established the United Nations Support Mission in Libya (UNSMIL) On 14 March 2013, the Security Council adopted resolution 2095 (2013), in which it decided that the mandate of UNSMIL, in full accordance with the principles of national ownership, should be to support Libyan efforts in a number of areas, including to “promote the rule of law and monitor and protect human rights, in accordance with Libya’s international legal obligations, particularly those of women and people belonging to vulnerable groups, such as children, minorities and migrants, including through assisting the Libyan Government to ensure the humane treatment of and due process for detainees and to reform and build transparent and accountable justice and correctional systems, supporting the development and implementation of a comprehensive transitional justice strategy, and providing assistance towards national reconciliation as well as support to ensure the continued identification, separation and reintegration of children affected by armed conflict”. In fulfilment of the 1 2 A/HRC/17/44. A/HRC/19/68, advance unedited version only. 3