The UN Security Council approved a one-year renewal of the mandate of the United Nations Support Mission in Libya (UNSMIL), until 31 October 2027, with Greece and Russia abstaining from the vote.
The mission’s main tasks, as set out in Resolution 2542 of 2020, include mediating an inclusive, Libyan-led political process, supporting implementation of the ceasefire, promoting the rule of law and protecting human rights.
The vote followed difficult negotiations, with disagreements over both the political process in Libya and references to maritime security and international law. The United Kingdom, which was responsible for drafting the resolution, made four revisions, while the silence procedure was broken three times.
For Greece, a particular concern was the wording on Libyan actors’ obligations under international law, including the Law of the Sea.
The issue came to the fore at the Security Council after the eastern Libyan House of Representatives ratified the illegal 2019 Turkish-Libyan maritime delimitation memorandum on 20 October.
At Greece’s request, with the support of the Council’s other European members, the preamble initially included a reference to respect for the principles of good-neighbourliness and regional cooperation, as well as a call on all actors in Libya to fulfil their obligations under international law, including the international law of the sea.
However, according to the record of the negotiations, the three African members — the Democratic Republic of the Congo, Liberia and Somalia — and China expressed reservations. The African members argued that the wording went beyond UNSMIL’s mandate and the scope of a technical renewal. The reference was progressively weakened, leading Greece to break the silence procedure at the fourth revision.
In a joint statement on 26 October, Bahrain, Cyprus, Egypt, Greece, the United Arab Emirates and the European Union had reiterated that the Turkish-Libyan memorandum violated international law and infringed the maritime rights of other coastal states, including islands. They had also stressed that it remained null and void and without legal standing, and could not produce legal effects for third states.
On the political front, disagreements centred on the degree of support for the 30 August agreement, reached under the “4+4” mechanism, on the electoral framework and the restructuring of the administration of the High National Elections Commission.
The final draft resolution welcomes the commitment to unify institutions, form a single executive authority and hold presidential and parliamentary elections within 24 months.
China and Russia reportedly stressed during the negotiations that the agreement was not a constitutional text and had not secured the support of all Libyan parties, calling for an inclusive political process. The African members also voiced concern that forming a single executive authority could become a precondition for holding elections.
SOURCE: AMNA