Security Council Resolution 2009 (2011) [on Establishment of the Un Support Mission in Libya (Unsmil)]

S/RES/2009(2011)View PDF

Who created this mandate?

A Resolution of the Security Council, under agenda item 220The situation in Libya, published in 2011.

Who cites this mandate in the budget?

2 entities

A dot marks an entity citing this document in its “Mandates and background” narrative rather than only its Legislative mandates list. Many do both.

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

15 topics

Airspace Arms Embargo Arms Limitation Diplomats' Security Elections Frozen Assets Interim Governments Internal Security International Cooperation Libya Migrant Workers Popular Participation Post-Conflict Reconstruction Reconciliation Special Missions

Which reports were submitted under this mandate?

3 reports of the Secretary-General submitted under this mandate, 2011–2012.

2012S/2012/675Report of the Secretary-General on the United Nations Support Mission in Libya
2012S/2012/129Report of the Secretary-General on the United Nations Support Mission in Libya
2011S/2011/727Report of the Secretary-General on the United Nations Support Mission in Libya

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

47 operative paragraphs

Takes note of the developments in Libya, welcomes the improved situation there, and looks forward to stability in Libya;

Looks forward to the establishment of an inclusive, representative transitional Government of Libya, and emphasises the need for the transitional period to be underpinned by a commitment to democracy, good governance, rule of law and respect for human rights;

Emphasises the importance of promoting the equal and full participation of women and minority communities in the discussions related to the political process in the post-conflict phase;

Welcomes the statements of the National Transitional Council appealing for unity, national reconciliation and justice, and its call for Libyans of all beliefs and backgrounds to refrain from reprisals, including arbitrary detentions;

Encourages the National Transitional Council to implement its plans to:

protect Libya’s population, restore government services, and allocate Libya’s funds openly and transparently;

prevent further abuses and violations of human rights and international humanitarian law and to put an end to impunity;

ensure a consultative, inclusive political process with a view to agreement on a constitution and the holding of free and fair elections;

ensure the safety of foreign nationals in Libya, particularly those who have been threatened, mistreated and/or detained; and

prevent the proliferation of man-portable surface-to-air missiles, small arms and light weapons, and meet Libya’s arms control and non-proliferation obligations under international law;

Notes the National Transitional Council’s calls to avoid acts of reprisals including against migrant workers;

Calls upon the Libyan authorities to promote and protect human rights, including those of people belonging to vulnerable groups, to comply with their obligations under international law, including international humanitarian law and human rights law, and calls for those responsible for violations, including sexual violence, to be held accountable in accordance with international standards;

Strongly urges the Libyan authorities to ensure the protection of diplomatic personnel and premises in accordance with Vienna Convention on Diplomatic Relations of 1961;

Expresses its resolve to assist the people of Libya to achieve these goals, and urges all Member States to assist the people of Libya as appropriate;

Urges all Member States to cooperate closely with the Libyan authorities in their efforts to end impunity, in accordance with Libya’s international obligations;

Calls upon the Libyan authorities to comply with the international obligations of Libya, including obligations set forth in the Charter of the United Nations, in accordance with international law, and further calls upon the Libyan authorities to honour extant contracts and obligations, in accordance with this and other relevant resolutions, and the law applicable to such contracts and obligations;

UN Mandate

Decides to establish a United Nations Support Mission in Libya (UNSMIL), under the leadership of a Special Representative of the Secretary-General for an initial period of three months, and decides further that the mandate of UNSMIL shall be to assist and support Libyan national efforts to:

restore public security and order and promote the rule of law;

undertake inclusive political dialogue, promote national reconciliation, and embark upon the constitution-making and electoral process;

extend state authority, including through strengthening emerging accountable institutions and the restoration of public services;

promote and protect human rights, particularly for those belonging to vulnerable groups, and support transitional justice;

take the immediate steps required to initiate economic recovery; and

coordinate support that may be requested from other multilateral and bilateral actors as appropriate;

Arms Embargo

Decides that the measure imposed by paragraph 9 of resolution 1970 (2011) shall also not apply to the supply, sale or transfer to Libya of:

arms and related materiel of all types, including technical assistance, training, financial and other assistance, intended solely for security or disarmament assistance to the Libyan authorities and notified to the Committee in advance and in the absence of a negative decision by the Committee within five working days of such a notification;

small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, notified to the Committee in advance and in the absence of a negative decision by the Committee within five working days of such a notification;

Asset Freeze

Decides that the Libyan National Oil Corporation (LNOC) and Zueitina Oil Company shall no longer be subject to the asset freeze and other measures imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011) and paragraph 19 of resolution 1973 (2011);

Decides to modify the measures imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011) and paragraph 19 of resolution 1973 (2011) with respect to the Central Bank of Libya, the Libyan Arab Foreign Bank (LAFB), the Libyan Investment Authority (LIA), and the Libyan Africa Investment Portfolio (LAIP) as follows:

funds, other financial assets and economic resources outside of Libya of the entities mentioned in this paragraph above that are frozen as of the date of this resolution pursuant to measures imposed in paragraph 17 of resolution 1970 (2011) or paragraph 19 of resolution 1973 (2011) shall remain frozen by States unless subject to an exemption as set out in paragraphs 19, 20 or 21 of that resolution or paragraph 16 below;

except as provided in (a), the Central Bank of Libya, the LAFB, the LIA, and the LAIP shall otherwise no longer be subject to the measures imposed in paragraphs 17 of resolution 1970 (2011), including that States are no longer required to ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of these entities;

Decides that in addition to the provisions of paragraph 19 of resolution 1970 (2011), the measures imposed by paragraph 17 of that resolution, as modified by paragraph 15 above and paragraph 19 of resolution 1973 (2011), do not apply to funds, other financial assets or economic resources of the Central Bank of Libya, the LAFB, the LIA and the LAIP provided that:

a Member State has provided notice to the Committee of its intent to authorize access to funds, other financial assets, or economic resources, for one or more of the following purposes and in the absence of a negative decision by the Committee within five working days of such a notification:

humanitarian needs;

fuel, electricity and water for strictly civilian uses;

iii

resuming Libyan production and sale of hydrocarbons;

establishing, operating, or strengthening institutions of civilian government and civilian public infrastructure; or

facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya;

a Member State has notified the Committee that those funds, other financial assets or economic resources shall not be made available to or for the benefit of the individuals subject to the measures imposed in paragraph 17 of resolution 1970 (2011) or paragraph 19 of resolution 1973 (2011);

the Member State has consulted in advance with the Libyan authorities about the use of such funds, other financial assets, or economic resources; and

the Member State has shared with the Libyan authorities the notification submitted pursuant to this paragraph and the Libyan authorities have not objected within five working days to the release of such funds, other financial assets, or economic resources;

Calls upon States to exercise vigilance when acting pursuant to paragraph 16 above and to give due consideration to the use of international financial mechanisms to promote transparency and prevent misappropriation, in light of the challenges that yet remain for the Libyan authorities;

Requests the International Monetary Fund and the World Bank to work with the Libyan authorities on an assessment of Libya’s public financial management framework, which would recommend steps to be taken by Libya to ensure a system of transparency and accountability with respect to the funds held by Libyan governmental institutions, including the LIA, LNOC, LAFB, LAIP and Libyan Central Bank, and further requests that the Committee be informed of the results of that assessment;

Directs the Committee, in consultation with the Libyan authorities, to review continuously the remaining measures imposed by resolutions 1970 (2011) and 1973 (2011) with respect to the Central Bank of Libya, the LAFB, the LIA and the LAIP, and decides that the Committee shall, in consultation with the Libyan authorities, lift the designation of these entities as soon as practical to ensure the assets are made available to and for the benefit of the people of Libya;

No Fly Zone and Ban on Flights

Takes note of the improved situation in Libya, emphasises its intention to keep the measures imposed by paragraphs 6 to 12 of resolution 1973 (2011) under continuous review and underlines its readiness, as appropriate and when circumstances permit, to lift those measures and to terminate authorization given to Member States in paragraph 4 of resolution 1973 (2011) in consultation with the Libyan authorities;

Decides that the measures in paragraph 17 of resolution 1973 (2011) shall cease to have effect from the date of this resolution;

Cooperation and Reporting

Requests the Secretary-General to report on implementation of this resolution in 14 days from adoption, and every month thereafter, or more frequently as he sees fit;

Decides to remain actively seized of the matter.

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