Analysis of Resolution 2434 (2018) on Libya (September 2018)

By Kata Lucas

This resolution renews the mandate of the United Nations Support Mission in Libya (UNSMIL) until 15 September 2019 under the leadership of the Secretary-General’s Special Representative.

Overview

The Security Council unanimously adopted resolution 2434 (2018), renewing the mandate of the United Nations Support Mission in Libya (UNSMIL) until 15 September 2019 under the leadership of the Secretary‑General’s Special Representative (SRSG). UNSMIL’s mandate as an integrated special political mission focuses on supporting an inclusive political process, as well as security and economic dialogue within the framework of the Libyan Political Agreement and the United Nations Action Plan. The mandate renewal comes at time of continued turmoil in Libya, as the security situation remains highly volatile with heavy clashes between armed groups in Tripoli. [1]What’s in Blue: UN Support Mission in Libya Mandate Renewal

UNSMIL’s mandated tasks are largely consistent with the previous mandate renewal, resolution 2376 (2017), which included provisions on support for key Libyan institutions, human rights monitoring and reporting, coordination of humanitarian assistance, and advice and assistance to the Government of National Accord (GNA) in its efforts to stabilize post-conflict zones, including those liberated from Islamic State in Iraq and the Levant (ISIL/Da’esh). The resolution includes new language that calls on UNSMIL to support constitutional and electoral processes in the context of the transition. Further, the Council encourages greater integration and strategic coordination of UNSMIL and United Nations agencies, including international financial institutions in Libya to support the stabilization efforts of the GNA.

There are four references to women, peace and security (WPS) issues in the resolution: three in the preambular paragraphs and one operative reference. References focus on women’s participation in political, peace and conflict resolution processes, as well women’s protection concerns in regards to sexual and gender-based violence (SGBV). Broadly, there is a balance between participation and protection concerns. In the operative paragraphs, the Council requests UNSMIL to include a gender perspective throughout its mandate and to assist authorities in ensuring women’s full and effective participation in the democratic transition, reconciliation efforts, the security sector, and national institutions. [2]S/RES/2434 (2018), OP. 4 This operative reference reflects the good practice of resolution 2376 (2017), while also including additional new language on the protection of women and girls from SGBV. Negatively, across mandated areas, the resolution lacks a specific call for a gender lens in monitoring and reporting on women’s participation in key processes, and in regards to the humanitarian assistance and human rights monitoring efforts of the mission. Further, the resolution contains no references to protections for or support to civil society organizations and human rights defenders.

Language on WPS issues in the preambular paragraphs is largely reflective of the previous mandate renewal, resolution 2376 (2017). Preambular references include a call for women’s participation across political, conflict resolution, and peacebuilding processes, and a call on Libyan authorities to prevent and respond to sexual violence in conflict (SViC), including ending impunity. [3]S/RES/2434 (2018), PP. 19, PP. 20 Positively, there is an additional preambular reference, which calls on Libyan authorities to investigate violations and abuses, including SGBV and to hold perpetrators accountable. [4]S/RES/2434 (2018), 24

Analysis by Issue Area

Political and Electoral Processes

UNSMIL is mandated to support the development of an inclusive political process, within the framework of the Libyan Political Agreement and UN Action Plan, to support the implementation of the Libyan Political Agreement, and to support the subsequent phases of the Libyan transition process, including constitutional processes and the organization of elections. [5]S/RES/2434 (2018), OP. 1(I), (II) and (IV) The Council discusses WPS issues in one operative paragraph, requesting UNSMIL to integrate a gender perspective throughout its mandate and to assist the GNA in ensuring the full and effective participation of women in the democratic transition, amongst other areas. [6]S/RES/2434 (2018), OP. 4

In future renewals, the Council should add additional provisions that require UNSMIL to prioritize support for women’s active participation in political processes as fundamental to ensuring long-term sustainable peace. [7]S/RES/2122 (2013), OP. 4, Monthly Action Points (MAP) for the Security Council: September 2018 In order to foster women’s active participation, the Council should add a call for special attention to women’s safety in all phases of electoral processes pursuant to resolution 2122 (2013). [8]S/RES/2122 (2013), OP. 8 To further assist in creating the conditions for women’s participation as voters, candidates, and monitors, and to strengthen the voices of women in political processes, the Council should call for consultations with women and women’s civil society organizations, and request the Secretary-General to report on such consultations. Actionable, gender-sensitive provisions in future mandate renewals are crucial, as UNSMIL’s Action Plan for Libya has failed to ensure gender parity in its consultative phase with less than 25% women participants. [9]Monthly Action Points (MAP) for the Security Council: September 2018 It is essential that the upcoming National Conference and elections provide women with opportunities to substantively engage in and impact all phases of these processes from consultation to implementation to monitoring and evaluation to reporting. [10]Monthly Action Points (MAP) for the Security Council: September 2018

Peacebuilding and Reconciliation

The Council broadly references women’s participation in reconciliation processes in one operative paragraph. [11]S/RES/2434 (2018), OP. 4 In future mandate renewals, pursuant to resolution 2122 (2013), the Council should call on UNSMIL to monitor the inclusion of women’s participation in formal and informal peacebuilding processes, and for the Secretary-General to provide updates on such efforts pursuant to resolution 2122 (2013). [12]S/RES/2122 (2013), OP. 1, OP. 2(c)  Such provisions will better ensure quality information and analysis on women’s participation, as well as barriers to women’s participation in peace and conflict resolution processes.

Humanitarian Assistance

UNSMIL is mandated to support the provision of essential services and the delivery of humanitarian assistance. To facilitate integration of a gender lens, the Council should request UNSMIL to consult with women and women’s organizations in the design, implementation and provision of humanitarian assistance per resolution 2242 (2015). [13]S/RES/ 2242 (2015), OP. 16 Complementary to this, any mission staff engaged in the delivery of services or assistance should participate in gender-sensitive trainings for humanitarian personnel per resolution 1820 (2008). [14]S/RES/1820 (2008), OP. 6, OP. 10 The inclusion of the aforementioned provisions will enable the mission to better ensure the population has access to gender-sensitive humanitarian assistance.

Human Rights

UNSMIL is also mandated to undertake human rights monitoring and reporting, however such language is gender blind. The Council should call for data disaggregated by sex and age, and provide analysis on the impact of the situation on women, and girls, as well as the impact of interventions. [15]S/PRST/2014/21 Gender-sensitive monitoring and reporting on human rights is needed to better assess the gendered dynamics and impacts of conflict. Additionally, the Council should call on the Libyan government to protect civil society organizations (CSOs) and human rights defenders (HRDs), given the increasing security risks and political pressure from Libyan authorities against these groups. [16]Monthly Action Points (MAP) for the Security Council: September 2018

Sexual and Gender-Based Violence

The resolution includes operative and preambular references to protection measures for women and girls from SGBV, however the Council should include new provisions in UNSMIL’s mandate to ensure the safety, dignity, and long-term needs of survivors and their families including by supporting CSOs pursuant to resolutions 1820 (2008) and 2106 (2013). [17]S/RES/1820 (2008), OP. 13, S/RES/2106 (2013), OP. 19 The Council should also add language on prevention from SGBV pursuant to resolution 1820 (2008). [18]S/RES/1820 (2008), OP. 8, OP. 9 Further, the preambular call on Libyan authorities to protect against SGBV, including ending impunity, should be reflected in the operative paragraphs. Finally, any human rights monitoring and reporting undertaken in the future should include crimes of sexual violence in conflict pursuant to resolution 2106 (2013) [19]S/RES/2106 (2013), OP. 5, OP. 6

Security Sector Reform

The Council broadly calls for the full and effective participation of women in the security sector in one operative paragraph. [20]S/RES/2434 (2018), OP. 4 The Council should call on UNSMIL to support and report on the realization of a gender balance in all security institutions and processes, particularly, women’s participation in police, civil personnel, and security institutions. Complementary, the mission should undertake specific tasks to ensure accountability, including effective vetting processes in order to exclude from the security sector those who have perpetrated or are responsible for acts of sexual violence per resolution 2106 (2013). [21]S/RES/2106 (2013), OP. 16(b) Such efforts will assist in creating the conditions for women’s participation in security institutions and processes.

Small Arms Light Weapons

UNSMIL is also mandated to assist in halting the flow of uncontrolled arms and to counter the proliferation of weapons, as well as to provide advice and assistance to GNA-led efforts to stabilize post-conflict zones. [22]S/RES 2434 (2018), OP. 2(iv), 2(2v) However, the Council is silent on gender considerations in these areas. The Council should acknowledge the impact of small arms light weapons (SALW) on women and girls, through heightened levels of violence, including higher levels of SGBV. Further, the Council should call on UNSMIL to empower women, including through capacity-building efforts, and to foster women’s participation in the design and implementation of efforts to prevent, combat, and eradicate the illicit transfer, and the destabilizing accumulation and misuse of SALW per resolution 2242 (2015). [23]S/RES/2242 (2015), OP. 15

References

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