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Report of the Independent Fact-Finding Mission on Libya (A/HRC/50/63) (Advance Unedited Version) [EN/AR]

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Human Rights Council
Fiftieth session
13 June–8 July 2022
Agenda item 10
Technical assistance and capacity-building

I. Introduction

  1. The present report is submitted pursuant to Human Rights Council resolution 48/25, in which the Council extended the mandate of the Fact-Finding Mission on Libya and requested it to present a comprehensive report at the Council’s fiftieth session. It should be read in conjunction with the Mission’s first two reports. 1 The Mission submits further detailed findings on violations committed in the town of Tarhuna in the form of a conference room paper.2 2. Established pursuant to Human Rights Council resolution 43/39, the Mission was mandated to establish, in an independent and impartial manner, the facts and circumstances of the human rights situation throughout Libya, to document alleged violations and abuses of international human rights law and international humanitarian law by all parties in Libya since the beginning of 2016, including any gendered dimensions thereof, and to preserve evidence with a view to ensuring that perpetrators of violations and abuses are held accountable.

  2. The Mission comprised three members: Mohamed Auajjar, of Morocco, Tracy Robinson, of Jamaica, and Chaloka Beyani, of Zambia and the United Kingdom of Great Britain and Northern Ireland.

  3. The Mission was established at the request of the Government of Libya to support the Libyan people’s aspirations for justice, national reconciliation, respect for human rights and the rule of law. It has achieved considerable progress in fulfilling its mandate and reached important conclusions. However, its investigative work is incomplete. The Mission continues to await access to prisons and wishes to highlight the delays by the authorities in the west and the east to allow it to visit Sebha (south). Further investigations on the ground in other regions, including the east, are also essential. Furthermore, the true operational duration of the Mission has been significantly limited by the COVID-19 pandemic, a United Nations budgetary freeze and other administrative matters, including the recruitment of staff.3 The Mission needs additional time to discharge its mandate fully.

  4. Libya’s request for the Mission to support national authorities in uncovering the truth of what occurred since 2016 reflects a welcomed willingness by the Libyan government. The Mission remains ready to support the Libyan authorities in fulfilling their primary responsibility to protect human rights, hold perpetrators of gross human rights violations accountable, and achieve reconciliation. Its recommendations include the development of a Libyan-led National Human Rights Plan of Action, with international technical support, as a sustainable contribution to achieving truth, accountability and reconciliation.