Palermo Conference for and with Libya, Conclusions

Country/entity
Libya
Region
Middle East and North Africa
Agreement name
Palermo Conference for and with Libya, Conclusions
Date
13/11/2018
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/intrastate conflict(s) (Libyan Conflicts (1969 - 1994) (2011 - )
Agreements relate to two distinct conflict dyads.
Libya-Chad. Since the 1970s, Libya under Colonel Muammar Gaddafi had a tense relationship with its neighbour Chad, predominantly focused on the resource-rich Aouzou Strip in northern Chad. Libyan claims of the Aouzou Strip were held in an un-ratified treaty between France and Italy in 1935, similarly Chadian claims of the Strip were argued with support of a 1955 treaty between Libya and France. In 1973, Libya effectively annexed the Strip to gain access to natural resources. This spurred cross-border clashes between 1979 until 1987 until escalated to a brief war known as the Toyota War, wherein Chadian government troops succeeded in repelling Libyan forces. A brief and repeatedly violated ceasefire was held from 1987-88, followed by a series of unsuccessful negotiations, until an International Court of Justice ruling in 1994, which granted sovereignty of the Strip to Chad.

Libya post-Gaddafi. Gaddafi’s downfall following the Libyan Civil War in 2011-2012, led to several factions fighting for the country’s leadership. Since 2013, the country effectively split into three entities, with the National Army controlling the east including the city of Benghazi, and the New General National Congress and their militias such as the Golden Dawn controlling the northwest including the capital of Tripoli. Significant portions of the country in the south-west are currently held by Tuareg forces. The civil war and chaos continued into 2014 as the General National Congress refused to disband after the expiry of its mandate, resulting in eruption of mass protests. The UN efforts continue to broker peace between the Libyan Army and the Libya Dawn factions, and a partial ceasefire was declared in January 2015. A new interim-government (Tunisia-based) called ‘Government of National Accord’ is formed with the backing of UN despite the refusal of the other forces to recognise its authority and arrived to Tripoli with the UN in 2016. A state of emergency was declared by the UN backed government amid clashed between rival militia in Tripoli’s southern suburbs. Since April 2019 there has been sustained fighting between the Libyan National Army and the UN-backed government in Tripoli as the Libyan National Army aims to seize Tripoli.

Libyan Conflicts (1969 - 1994) (2011 - ) )
Stage
Pre-negotiation/process (Principles)
Conflict nature
Government
Peace process
70: Libyan peace process
Parties
Declaration without signatories, but document states itself to be one of Libya and International partners', and lists partners as 'Participants
included a broad Libyan presence,with delegations from PC/GNA, HOR,
HSC andLNA. Countries invited included representatives of
Algeria, Austria, Canada, Chad, China, Czech Republic,Egypt, Ethiopia, France, Germany, Greece, Italy, Jordan, Malta, Morocco, the Netherlands, Niger, Poland, Qatar, Republic of Congo, Russia, Saudi Arabia, Spain, Sudan, Sweden, Swiss Confederation, Tunisia,Turkey, the United Arab Emirates, the United Kingdom, the United States of America, the African Union, the European Union, the League of Arab States,the World Bank, the International Monetary Fund, and the United Nations.
Third parties
UN Special Representative of the Secretary General Ghassan Salamé stated to be present
Description
An agreement in the form of conference conclusions. The conference was an attempt to implement a UN Stabilisation plan, to agree on the road map for stabilization, unified institutions, and clear electoral legislation as preliminary conditions for any election to be held. The conference was intended to pave the way for a national conference in January 2019.

Agreement document
LY_181113_Palermo_Conference_Conclusions.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
Rhetorical
Pages 2-3,
Participants,
...
-­‐ Underlined the importance to engage in order to favor the return of the IDPs;
-­‐ Stressed the need to step up coordination of regional and international efforts to tackle the common migration challenge and fight against human trafficking, in full respect of national sovereignty and international human rights law.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Rhetorical
Pages 2-3,
Participants,
...
-­‐ Underlined the importance to engage in order to favor the return of the IDPs;
-­‐ Stressed the need to step up coordination of regional and international efforts to tackle the common migration challenge and fight against human trafficking, in full respect of national sovereignty and international human rights law.
Social class
No specific mention.

Gender

Women, girls and gender
Page 3,
Participants,
...
-­‐ Urged Libyan representatives to support the principle of full inclusivity, including women participation, for the National Conference, without vetoes;
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Nature of state (general)
Page 1,
Participants,
...
-­‐ Recalling the need to consolidate the rule of law in a sovereign, democratic and stable Libya, under unified national institutions, guaranteeing the safety of its citizens from all threats, including terrorism, the protection and proper management of its natural wealth and financial resources, including cultural heritage;

Page 2,
Participants, welcomed the commitment by the Libyan delegations to:
-­‐ Adopt the referendum law with a view of completing the Constitutional process as a key achievement for the sovereignty of the Libyan Nation;
State configuration
Page 1,
Participants,
-­‐ Reaffirming their strong and unequivocal commitment to the sovereignty, independence, territorial integrity and national unity of Libya;
Self determination
Page 1,
Participants,
-­‐ Reaffirming their strong and unequivocal commitment to the sovereignty, independence, territorial integrity and national unity of Libya;
Referendum
Page 2,
Participants, welcomed the commitment by the Libyan delegations to:
-­‐ Adopt the referendum law with a view of completing the Constitutional process as a key achievement for the sovereignty of the Libyan Nation;

Governance

Political institutions (new or reformed)
Temporary new institutions
Page 1,
Participants,
-­‐ Welcomed the briefing presented by SRSG Salamé to the UN Security Council on November 8, 2018, in which he called for a Libyan-­‐led inclusive National Conference to be held in the first weeks of 2019 in Libya.
...
-­‐ Urged all Libyans and Libyan institutions to use the opportunity provided by the National Conference to: forego the use of force to settle their disputes; adopt principles and a clear timeline for making progress in the unification of their institutions, agreeing to eventually end duplication of institutions and structures; and, commit to the democratic renewal of their elected bodies in cooperation with the United Nations Support Mission in Libya;
-­‐ Urged Libyan representatives to support the principle of full inclusivity, including women participation, for the National Conference, without vetoes;
-­‐ Pledged to actively support the outcomes of the National Conference and to exert pressure on the concerned leaders and institutions to implement them without delay;
-­‐ Underlined that the National Conference is not to be a new institution, nor an effort to replace existing legislative bodies;
-­‐ Called for the reopening of the electoral registers;
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 1-2,
Participants,
...
-­‐ Underlined the importance of concluding the subsequent constitutional framework and electoral process by Spring 2019.

Page 2,
Participants, welcomed the commitment by the Libyan delegations to:
-­‐ Adopt the referendum law with a view of completing the Constitutional process as a key achievement for the sovereignty of the Libyan Nation;
Elections
Page 1-2,
Participants,
...
-­‐ Underlined the importance of concluding the subsequent constitutional framework and electoral process by Spring 2019.
...
-­‐ Called for the reopening of the electoral registers;

Page 2,
Participants, welcomed the commitment by the Libyan delegations to:
-­‐ Adopt the referendum law with a view of completing the Constitutional process as a key achievement for the sovereignty of the Libyan Nation;
-­‐ Undertake institutional responsibilities in order to hold a credible, peaceful, and well-­‐prepared electoral process, underlining the importance of concluding the constitutional framework and the electoral process by Spring 2019, and of making sure that all the required technical, legislative, political and security conditions are in place, with an increasing support by the international community from now on;
-­‐ Respect the results of these elections when they occur, while those who will undermine Libya’s security or obstruct the electoral process will be held accountable.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1,
Participants,
...
-­‐ Recalling the need to consolidate the rule of law in a sovereign, democratic and stable Libya, under unified national institutions, guaranteeing the safety of its citizens from all threats, including terrorism, the protection and proper management of its natural wealth and financial resources, including cultural heritage;
Equality
No specific mention.
Democracy
Page 3,
-­‐ Urged all Libyans and Libyan institutions to use the opportunity provided by the National Conference to: forego the use of force to settle their disputes; adopt principles and a clear timeline for making progress in the unification of their institutions, agreeing to eventually end duplication of institutions and structures; and, commit to the democratic renewal of their elected bodies in cooperation with the United Nations Support Mission in Libya;
Protection measures
Protection of groups
Pages 2-3,
Participants,
...
-­‐ Underlined the importance to engage in order to favor the return of the IDPs;
-­‐ Stressed the need to step up coordination of regional and international efforts to tackle the common migration challenge and fight against human trafficking, in full respect of national sovereignty and international human rights law.
Human rights framework
Treaty incorporation
Pages 2-3,
Participants,
...
-­‐ Underlined the importance to engage in order to favor the return of the IDPs;
-­‐ Stressed the need to step up coordination of regional and international efforts to tackle the common migration challenge and fight against human trafficking, in full respect of national sovereignty and international human rights law.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Infrastructure and reconstruction
Pages 2-3,
Participants,
...
-­‐ Expressed their concern at the security and humanitarian situation in parts of Libya and particularly in the South and committed to stabilize the region, and restore basic services for the affected population;
National economic plan
Pages 2-3,
Participants,
...
-­‐ Welcomed the ongoing efforts to promote accountability within the economic institutions, and stressed the need to overcome any form of predation, corruption and lack of transparency, in order to allow all the Libyan people to benefit from the Libyan resources;
-­‐ Called for the relevant international organizations to provide the Libyan authorities with expertise and technical support to achieve these goals.

Participants, welcomed the Libyan commitment to:
-­‐ Launch an enhanced dialogue on fiscal transparency and budget execution, in order to answer the Libyan call for accountability, and for a transparent and equitable resources distribution;
-­‐ Implement the agreement on the terms of reference for the financial review of the Central Bank of Libya and its eastern parallel branch and to work toward the reunification of the economic institutions, through UNSMIL-­‐facilitated dialogue.
Natural resources
Page 1,
Participants,
...
-­‐ Recalling the need to consolidate the rule of law in a sovereign, democratic and stable Libya, under unified national institutions, guaranteeing the safety of its citizens from all threats, including terrorism, the protection and proper management of its natural wealth and financial resources, including cultural heritage;
International funds
Pages 2-3,
Participants,
-­‐ Recalled the economic reforms recently adopted by the GNA and urged to continue moving forward with their implementation, in collaboration with UNSMIL and international financial institutions, in order to provide the resources and investments that underpin basic services to all Libyan regions and people, and improve their living conditions;
-­‐ Welcomed the commitment to further comprehensive monetary and subsidy reforms on the basis of the road map presented in Palermo and urged for their swift adoption;
-­‐ Welcomed the ongoing efforts to promote accountability within the economic institutions, and stressed the need to overcome any form of predation, corruption and lack of transparency, in order to allow all the Libyan people to benefit from the Libyan resources;
-­‐ Called for the relevant international organizations to provide the Libyan authorities with expertise and technical support to achieve these goals.

Participants, welcomed the Libyan commitment to:
-­‐ Launch an enhanced dialogue on fiscal transparency and budget execution, in order to answer the Libyan call for accountability, and for a transparent and equitable resources distribution;
-­‐ Implement the agreement on the terms of reference for the financial review of the Central Bank of Libya and its eastern parallel branch and to work toward the reunification of the economic institutions, through UNSMIL-­‐facilitated dialogue.
Business
No specific mention.
Taxation
No specific mention.
Banks
Central bank
Pages 2-3,
Participants,
...
-­‐ Welcomed the ongoing efforts to promote accountability within the economic institutions, and stressed the need to overcome any form of predation, corruption and lack of transparency, in order to allow all the Libyan people to benefit from the Libyan resources;
-­‐ Called for the relevant international organizations to provide the Libyan authorities with expertise and technical support to achieve these goals.

Participants, welcomed the Libyan commitment to:
-­‐ Launch an enhanced dialogue on fiscal transparency and budget execution, in order to answer the Libyan call for accountability, and for a transparent and equitable resources distribution;
-­‐ Implement the agreement on the terms of reference for the financial review of the Central Bank of Libya and its eastern parallel branch and to work toward the reunification of the economic institutions, through UNSMIL-­‐facilitated dialogue.
International finance
Pages 2-3,
Participants,
-­‐ Recalled the economic reforms recently adopted by the GNA and urged to continue moving forward with their implementation, in collaboration with UNSMIL and international financial institutions, in order to provide the resources and investments that underpin basic services to all Libyan regions and people, and improve their living conditions;
-­‐ Welcomed the commitment to further comprehensive monetary and subsidy reforms on the basis of the road map presented in Palermo and urged for their swift adoption;
...

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Promotion
Page 1,
Participants,
...
-­‐ Recalling the need to consolidate the rule of law in a sovereign, democratic and stable Libya, under unified national institutions, guaranteeing the safety of its citizens from all threats, including terrorism, the protection and proper management of its natural wealth and financial resources, including cultural heritage;
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 1,
Participants,
...
-­‐ Recalling the need to consolidate the rule of law in a sovereign, democratic and stable Libya, under unified national institutions, guaranteeing the safety of its citizens from all threats, including terrorism, the protection and proper management of its natural wealth and financial resources, including cultural heritage;

Pages 2-3,
Participants,
-­‐ Recalled that security is a paramount requirement towards the achievement of sustainable political and economic stability and a primary expectation of the Libyan people;
...
-­‐ Reiterated the international community readiness to take targeted sanctions against those who violate the ceasefire in Tripoli;
-­‐ Underlined the role of the neighboring countries in the Libyan stabilization process;
-­‐ Expressed their concern at the security and humanitarian situation in parts of Libya and particularly in the South and committed to stabilize the region, and restore basic services for the affected population;
-­‐ Underlined the importance to engage in order to favor the return of the IDPs;
-­‐ Stressed the need to step up coordination of regional and international efforts to tackle the common migration challenge and fight against human trafficking, in full respect of national sovereignty and international human rights law.
Ceasefire
General commitments
Page 3,
Participants,
...
-­‐ Urged all Libyans and Libyan institutions to use the opportunity provided by the National Conference to: forego the use of force to settle their disputes; adopt principles and a clear timeline for making progress in the unification of their institutions, agreeing to eventually end duplication of institutions and structures; and, commit to the democratic renewal of their elected bodies in cooperation with the United Nations Support Mission in Libya;

Page 3,
Participants,
...
-­‐ Reiterated the international community readiness to take targeted sanctions against those who violate the ceasefire in Tripoli;
Police
Participants,
-­‐ Recalled that security is a paramount requirement towards the achievement of sustainable political and economic stability and a primary expectation of the Libyan people;
...
-­‐ Condemned any use of violence in Tripoli and elsewhere and urged all parties to pursue the full and rapid establishment of the new security arrangements in Tripoli based on the redeployment of regular army and police forces with the aim to replace the armed groups;
...
-­‐ Expressed willingness to take initiatives for building the capacity of Libya’s security institutions, including the Joint Operations Centre, also through training activities of regular security and police forces;
Armed forces
Pages 2-3,
Participants,
-­‐ Recalled that security is a paramount requirement towards the achievement of sustainable political and economic stability and a primary expectation of the Libyan people;
...
-­‐ Expressed support to the Egyptian-­‐led dialogue in building unified, professional and accountable military institutions, under civilian authority;
-­‐ Condemned any use of violence in Tripoli and elsewhere and urged all parties to pursue the full and rapid establishment of the new security arrangements in Tripoli based on the redeployment of regular army and police forces with the aim to replace the armed groups;
...
-­‐ Expressed willingness to take initiatives for building the capacity of Libya’s security institutions, including the Joint Operations Centre, also through training activities of regular security and police forces;
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Pages 2-3,
Participants,
-­‐ Recalled that security is a paramount requirement towards the achievement of sustainable political and economic stability and a primary expectation of the Libyan people;
...
-­‐ Condemned any use of violence in Tripoli and elsewhere and urged all parties to pursue the full and rapid establishment of the new security arrangements in Tripoli based on the redeployment of regular army and police forces with the aim to replace the armed groups;
Withdrawal of foreign forces
No specific mention.
Corruption
Pages 2-3,
Participants,
...
-­‐ Welcomed the ongoing efforts to promote accountability within the economic institutions, and stressed the need to overcome any form of predation, corruption and lack of transparency, in order to allow all the Libyan people to benefit from the Libyan resources;
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
Page 1,
Participants,
...
-­‐ Recalling the need to consolidate the rule of law in a sovereign, democratic and stable Libya, under unified national institutions, guaranteeing the safety of its citizens from all threats, including terrorism, the protection and proper management of its natural wealth and financial resources, including cultural heritage;

Pages 2-3,
Participants,
...
-­‐ Agreed to support all efforts against terrorism and recalled the sacrifices made by all Libyan parties in this fight;

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Participants recalled that any solution to the Libyan crisis can only be a peaceful and political one, in full respect of Libyan sovereignty and a national reconciliation process involving all Libyans who are willing to participate and peacefully contribute to the Libyan transition.

Implementation

UN signatory
Agreement a Declaration and not signed but welcomes a statement by the UN Special Representative of the Secretary General Ghassan Salamé.
Other international signatory
No specific mention.
Referendum for agreement
Participants, welcomed the commitment by the Libyan delegations to:
-­‐ Adopt the referendum law with a view of completing the Constitutional process as a key achievement for the sovereignty of the Libyan Nation;
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh