UN HUMAN RIGHTS IN THE FIELD UN HUMAN RIGHTS IN THE FIELD LIBYA: UNITED NATIONS SUPPORT MISSION IN LIBYA (UNSMIL) 1 1 2 3 Population size Surface area Human Development Index NHRI (if applicable) 6.47 million 1,676,000 km² 0.706 (rank: 114/188 in 2016) Status B, 2014 Type of engagement Peace Mission Year established 2011 Field office(s) Based in Tunis, Tunisia UN partnership framework n/a Staff as of 31 December 2018 12 XB requirements 2018 US$1,908,100 Key OMP pillars in 2018 123 Please refer to Data sources and notes on p.191. KEY PILLAR RESULTS: Accountability (A) A1 – Detention centres operate legally and under the control of the State. Trained judicial police officers and procedures are in place to prevent torture and ensure that individuals who are unlawfully detained are released. The United Nations Support Mission in Libya UNSMIL contributed to advancing oversight and accountability for unlawful and arbitrary detention by advocating for the implementation of recommendations in its report on detention and providing training on international norms and standards. In 2018, the Human Rights/Transitional Justice/Rule of Law Division (HRD) of UNSMIL advocated with the Government of National Accord, the judicial police and armed groups for the implementation of the recommendations contained in the OHCHR report on arbitrary detention entitled Abuse Behind Bars: Arbitrary and unlawful detention in Libya. In April, 308 UN HUMAN RIGHTS REPORT 2018 Spotlights: UNSMIL organized a seminar, in Tunisia, to increase knowledge about national and international law and standards on unlawful and arbitrary detention. Participants of the seminar included representatives from the Office of the Prosecutor General; the Office of the Military Prosecutor; the judiciary; the Ministries of Internal Affairs, Justice and Foreign Affairs and International Cooperation; the judicial police and civil society organizations. Peace and Security (PS) PS1 – Violations of international human rights and humanitarian law are monitored and reported by human rights defenders, enabling the international community to respond effectively to abuses by armed groups and cases of arbitrary and unlawful detention, torture, hostage taking, and extra judicial kidnappings, while protecting civilians, upholding freedom of expression, and halting discrimination against women and migrants. Women Youth The UNSMIL helped to focus the attention of the international community on the rights of migrants in Libya by issuing a report on the situation that revealed gross human rights violations against migrants. It also brought together civil society partners working on migrants’ rights. PS6 – The Human Rights Due Diligence Policy is used to conduct risk assessments of all the main national security forces (as well as non-State actors and de facto authorities where applicable). The UN provides support and appropriate mitigation measures are adopted and acted on. On 17 December, UNSMIL and OHCHR issued a joint report on the human rights situation of migrants in Libya. The report indicated that migrants continue to face systematic and gross human rights violations and abuses, including unlawful killings, arbitrary detention and deprivation of liberty in horrid conditions, torture and other ill-treatment, rape and other forms of sexual violence, forced prostitution, forced labour and exploitation. Perpetrators include State officials, members of armed groups, smugglers, traffickers and criminal gangs. The authorities were unable, and in some cases unwilling, to ensure effective protection for migrants or to provide them with remedies or redress. The Office contributed to the enhanced integration of international human rights norms and standards in the work of the UNSMIL by providing technical expertise on implementation and monitoring of the UN Human Rights Due Diligence Policy (HRDDP). To address the gross human rights violations committed against migrants, the Office organized two workshops on the rights of migrants in Libya. The first consultative workshop was conducted in May and included the participation of five organizations that are working on monitoring and documenting human rights violations of migrants and raising awareness about their rights. In August, the UNSMIL facilitated a follow-up consultative workshop with the objective of developing a road map for civil society organizations working on migrants’ rights in Libya. Participants discussed strategies to enhance coordination among CSOs working on this issue. In its capacity as Secretariat of the Task Force on HRDDP implementation in Libya, UNSMIL continued its efforts to facilitate the implementation of the HRDDP. More specifically, the HRD provided technical and substantive guidance on how to evaluate information regarding the human rights records of potential recipients of operational support. A number of mitigating measures were implemented in relation to support provided to the Libyan Coast Guard and the Libyan Directorate for Combatting Illegal Migration. These measures included increased monitoring of compliance with human rights law by recipients of support and improved screening in order to exclude from support anyone with a problematic human rights record and to strengthen accountability. In October, in the framework of a joint UNSMIL-UNDP project on policing and security, the United Nations system in Libya endorsed a risk assessment and mitigating measures Action Plan in relation to national security forces, including those under the Ministries of the Interior and Justice. Measures included vetting of recipients of support, oversight and monitoring and relevant training for unit commanders and other senior officers, including on human rights. MIDDLE EAST AND NORTH AFRICA Type of engagement Regional Office Countries of engagement Algeria, Bahrain, Jordan, Kuwait, Lebanon, Morocco, Oman, Kingdom of Saudi Arabia, United Arab Emirates Year established 2002 Field office(s) Beirut, Lebanon UN partnership framework n/a Staff as of 31 December 2018 22 Total income US$2,786,624 XB requirements 2018 US$3,595,400 Total XB expenditure US$3,244,115 Personnel Non-personnel 56% 34% 10% $1,821,800 $1,088,461 $333,854 Total RB expenditure PSC† US$92,774 Personnel 100% $92,774 Key OMP pillars in 2018 † Please refer to Data sources and notes on p.191. KEY PILLAR RESULTS: Non-Discrimination (ND) ND1 – National laws, policies and practices combat discrimination more effectively, particularly discrimination against religious, ethnic and national minorities, persons with disabilities, migrants, and women. The authorities work in three countries to actively ‘leave no one behind’, address the root causes of inequality, and link the SDG agenda with human rights. Two Governments in the sub-region promote and defend freedom of religion and religious diversity among ethnic minorities, in accordance with Articles 5 and 6 of ICERD. Shifts: Inequalities OHCHR contributed to improving the level of compliance of a number of selected policy areas and legislation with international human rights norms and standards. The Office cooperated with the Ministry of Social Affairs (MOSA) of Lebanon to assess the compliance of Law 220/2000 with international standards related to the rights of persons with disabilities. The Office conducted a comparative study that identified gaps in national legislation and outlined recommendations for improvement. The findings and recommendations of the study were shared with national actors, including the National Commission Civic Space UN HUMAN RIGHTS REPORT 2018 309