Plenary sitting
12.9.2011 B7‑0513/2011
MOTION FOR A RESOLUTION
to wind up the debate on the statement by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy
pursuant to Rule 110(2) of the Rules of Procedure
on the situation in Libya
Ana Gomes, Véronique De Keyser, Pier Antonio Panzeri, Roberto Gualtieri, María Muñiz De Urquiza
on behalf of the S&D Group
European Parliament resolution on the situation in Libya
The European Parliament,
– having regard to United Nations Security Council (UNSC) Resolutions 1970/2011 of 26 February 2011 and 1973/2011 of 17 March 2011, authorising ‘all necessary measures’ to protect civilians,
– having regard to the appeals made by the Arab League for an intervention to protect Libyan civilians and the answer provided by NATO, together with some Arab countries such as Qatar, through the air campaign Odyssey Dawn, launched on 19 March 2011 and still ongoing,
– having regard to the United Nations General Assembly (UNGA) resolution of 1 March 2011 unanimously suspending Libya’s membership of the United Nations Human Rights Council (UNHRC),
– having regard to the UNHRC Resolution S-15/2 adopted on 25 February 2011,
– having regard to the suspension on 22 February 2011 of the negotiations on an EU-Libya Framework Agreement,
– having regard to recent Foreign Affairs Council Conclusions and statements on Libya and on North Africa by High Representative Catherine Ashton,
– having regard to the Paris conference that took place on 1 September 2011,
– having regard to its previous resolutions on Libya, in particular that of 10 March 2011, and its recommendation of 20 January 2011 spelling out critical conditions concerning the negotiations on the EU-Libya Framework Agreement ( 2010/2268(INI) ,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas the Gaddafi dictatorship has ended, as a result of the 17 February Revolution - a spontaneous and courageous rebellion by the Libyan people, which lasted 6 months and included an armed liberation of Libyans from Benghazi to Tripoli;
B. whereas the NATO-led air campaign Odyssey Dawn continues as long as it is necessary to protect civilian population in Libya, in line with the UNSCR Resolutions (1970 and 1973);
C. whereas the International Criminal Court (ICC) issued on 27 June 2011 the arrest warrant for Colonel Gaddafi and two of his family members for alleged crimes against humanity committed since the beginning of the popular rebellion;
D. whereas the EU lifted its asset freeze on 28 Libyan entities, including oil companies, on 1 September 2011 in order to provide resources to the interim government and the Libyan people and help the economy function again;
E. whereas the EU has provided over 152 million Euros in humanitarian support and the HR/VP opened an EU office in Benghazi on 22 May 2011, with a view to establish contacts with the Libyan National Transitional Council (NTC) and help Libya prepare for the next stage of democratic transition;
1. Expresses its solidarity and support to the revolution led by the Libyan people and urges the EU to step up humanitarian aid to respond to the new needs of the Libyan population, particularly in Tripoli and other most affected cities, including access to clean water, medicine and medical supplies for persons who suffered amputations;
2. Calls on the HR/VP to open a fully-fledged EU Delegation in the Libyan capital, as soon as possible, and to build on the important work developed by the EU office in Benghazi to further promote relations with the NTC and assist the new Libyan authorities in addressing the most pressing needs of the Libyan people; urges the EU to provide support in particular to assist the NTC in preparing for the electoral and constitutional processes, which are due to take place within the next 18 months;
3. Calls on EU Member States to seek UNSC authorisation and release frozen Libyan assets to help the NTC deliver the governance needed in this transitional period and calls on Member States in particular to comply with the promises made at the Paris Conference on 1 September 2011, during which 60 states promised to release 15 bn USD;
4. Declares its expectation that the NTC will fulfil its responsibilities and deliver on the commitments it has made to build a tolerant, unified and democratic state in Libya, protecting universal human rights for all Libyan citizens, as well as for migrant workers or foreigners; underlines that as the new draft constitution indentifies sharia as the main legal source, the EU expects a new democratic Libyan state to interpret sharia in a manner that fully respects universal human rights, including women’s rights;
5. Notes the reports indicating that Gaddafi has been surrounded by rebels in an unknown location and urges the NTC combatants to refrain from executing the ousted dictator, his relatives or henchmen and to detain them instead and bring them to justice;
6. Expects that if Gaddafi, his relatives or henchmen will be brought to face justice in Libya for all the crimes committed during the dictatorship, and not just those crimes for which the ICC has indicted them, the Libyan courts and proceedings will ensure full compliance with international standards for fair trials, including transparency to international observation and excluding the capital punishment;
7. Urges all countries, especially Libya’s neighbours, to cooperate with the new Libyan authorities and the international justice, namely the ICC, to ensure that Gaddafi and his closest allies will be brought to justice; recalls that, for instance, Niger and Burkina Faso are parties to the ICC and, therefore, have an obligation cooperate with the Court and surrender Gaddafi and his indicted relatives to the ICC if they enter their territories;
8. Calls for the NTC to launch without delay a justice and national reconciliation process; stresses the need for an urgent deployment of UN human rights monitors, especially to areas where there are more Gaddafi loyalists, such as in Tawergha, Sebha, Sirte, Bani Walid and some towns in the Western Mountains;
9. Calls on all NTC forces to comply with international humanitarian laws in dealing with prisoners of war, namely the remaining pro-Gaddafi forces and mercenaries; urges the NTC to immediately free African migrant workers and black Libyans who were arbitrarily detained for being thought to be pro-Gaddafi mercenaries and bring to independent trial those who committed crimes; calls on the NTC to protect the rights of thousands sub-Saharan African migrants who face harassment solely due to their skin colour and to ensure protection and evacuation of the migrants still stranded at the IOM centres, such as in Sebha or any improvised camps;
10. Emphasises that the Libyan people made the revolution and lead the way forward; therefore, the EU as much as other regional actors, such as the Arab League and the African Union, must do everything they can to help Libya build democratic institutions, ensure disarmament, demobilisation, rehabilitation and security sector reform, including professional police forces, prepare free and fair elections, build the justice system and deliver the rule of law and accountable governance; underlines that as the role to be played by the UN in this process is irreplaceable, the EP expects all international actors to support the UN in this endeavour;
11. Welcomes the inquiry set by the UK to investigate alleged intelligence-sharing by British secret services with the Gaddafi regime; calls on all concerned Member States to follow this example and set up independent inquiries to investigate the allegations of complicity in torture by some European secret services that might have cooperated with Gaddafi’s regime in the framework of the CIA extraordinary renditions programme;
12. Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission, the parliaments and governments of the Member States, the Libyan National Transitional Council, the UNSC, UNGA, the UNHRC, the Arab League and the African Union.