Security Council Resolution 2312 (2016) [on Renewal for 12 Months of the Authorizations as Set Out in Paras. 7, 8, 9 and 10 of Security Council Resolution 2240 (2015) Concerning Migrant Smuggling and Human Trafficking Into, Through and From the Libyan Territory and Off the Coast of Libya]

S/RES/2312 (2016)No PDF available

Who created this mandate?

A Resolution of the Security Council, under agenda item 219Maintenance of international peace and security, published in 2016.

What other versions does this mandate have?

6 versions · 2016–2021

This is an older version — the most recent is S/RES/2598 (2021)

2021S/RES/2598 (2021)Security Council resolution 2598 (2021) [on renewal for 12 months of the authorizations as set out in paras. 7, 8, 9 and 10 of Security Council resolution 2240 (2015) concerning migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]LatestCompare with previous version
2020S/RES/2546 (2020)Security Council resolution 2546 (2020) [on renewal for 12 months of the authorizations as set out in paras. 7, 8, 9 and 10 of Security Council resolution 2240 (2015) concerning migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]Compare with previous version
2019S/RES/2491 (2019)Security Council resolution 2491 (2019) [on renewal for 12 months of the authorizations as set out in paras. 7, 8, 9 and 10 of Security Council resolution 2240 (2015) concerning migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]Compare with previous version
2018S/RES/2437 (2018)Security Council resolution 2437 (2018) [on renewal for 12 months of the authorizations as set out in paras. 7, 8, 9 and 10 of Security Council resolution 2240 (2015) concerning migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]Compare with previous version
2017S/RES/2380 (2017)Security Council resolution 2380 (2017) [on renewal for 12 months of the authorizations as set out in paras. 7, 8, 9 and 10 of Security Council resolution 2240 (2015) concerning migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya]Compare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

14 topics

Asylum Seekers Capacity Building Crime Prevention International Obligations Jurisdiction over Ships at Sea Libya Maritime Law Maritime Safety Maritime Traffic Mediterranean Sea Migrants Refugee Law Ships Trafficking in Persons

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2017.

2017S/2017/761Report of the Secretary-General pursuant to Security Council resolution 2312 (2016)

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

What does this mandate say?

17 operative paragraphs

Condemns all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermine further the process of stabilization of Libya and endanger the lives of hundreds of thousands of people;

Reiterates its calls on Member States acting nationally or through regional organizations, including the EU, to cooperate with the Government of National Accord and with each other, including by sharing information to assist Libya, upon request, in building needed capacity including to secure its borders and to prevent, investigate and prosecute acts of smuggling of migrants and human trafficking through its territory and in its territorial sea; in order to prevent the further proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking into, through and from the territory of Libya and off its coast;

Urges Member States and regional organizations, in the spirit of international solidarity and shared responsibility, to cooperate with the Government of National Accord, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea and on the high seas off the coast of Libya, and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law;

Urges States and regional organizations whose naval vessels and aircraft operate on the high seas and airspace off the coast of Libya, to be vigilant for acts of migrant smuggling and human trafficking, and in this context, encourages States and regional organizations to increase and coordinate their efforts to deter acts of migrant smuggling and human trafficking, in cooperation with Libya;

Calls upon Member States acting nationally or through regional organizations that are engaged in the fight against migrant smuggling and human trafficking to inspect, as permitted under international law, on the high seas off the coast of Libya, any unflagged vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organized criminal enterprises for migrant smuggling or human trafficking from Libya, including inflatable boats, rafts and dinghies;

Further calls upon such Member States to inspect, with the consent of the flag State, on the high seas off the coast of Libya, vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organized criminal enterprises for migrant smuggling or human trafficking from Libya;

Decides that, for a further period of twelve months from the date of adoption of this resolution to renew the authorizations as set out in paragraphs 7, 8, 9 and 10 of resolution 2240 (2015) and otherwise reiterates the content of those paragraphs;

Reaffirms that the authorizations provided in paragraphs 7 and 8 of resolution 2240 (2015) apply only with respect to the situation of migrant smuggling and human trafficking on the high seas off the coast of Libya and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under UNCLOS, including the general principle of exclusive jurisdiction of a flag State over its vessels on the high seas, with respect to any other situation, and that the authorization provided in paragraph 10 in resolution 2240 (2015) applies only in confronting migrant smugglers and human traffickers on the high seas off the coast of Libya;

Underscores that this resolution is intended to disrupt the organized criminal enterprises engaged in migrant smuggling and human trafficking and prevent loss of life and is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law;

Emphasizes that all migrants, including asylum seekers, should be treated with humanity and dignity and that their rights should be fully respected, and urges all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable;

Urges Member States and regional organizations acting under the authorizations referred to in paragraph 7 of this resolution to have due regard for the livelihoods of those engaged in fishing or other legitimate activities;

Calls upon all States, with relevant jurisdiction under international law and national legislation, to investigate and prosecute persons responsible for acts of migrant smuggling and human trafficking at sea, consistent with States’ obligations under international law, including international human rights law and international refugee law, as applicable;

Calls for Member States to consider ratifying or acceding to, and for States Parties to effectively implement the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;

Requests States utilizing the authority of this resolution to inform the Security Council within three months of the date of adoption of this resolution and every three months thereafter on the progress of actions undertaken in exercise of the authority provided in paragraph 7 above;

Requests the Secretary-General to report to the Security Council eleven months after the adoption of this resolution on its implementation, in particular with regards to the implementation of paragraph 7 above;

Expresses its intention to continue to review the situation and consider, as appropriate, renewing the authority provided in this resolution for additional periods;

Decides to remain seized of the matter.

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