Sec. 2. Findings; statement of policy
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Congress makes the following findings: The stability and territorial unity of Libya is critical to the security of the United States, Europe, North Africa, and the Sahel, as well as maritime routes in the southern Mediterranean Sea. United States Africa Command (AFRICOM) has identified containing instability in Libya as one of its six main lines of effort in Africa and works to support diplomatic efforts to reconstitute the Libyan State and to disrupt terrorist organizations that impede that process or threaten United States interests.
According to the Defense Intelligence Agency, the Islamic State in Libya (ISIS-Libya) is degraded . However, AFRICOM continues to keep pressure on ISIS and other violent extremist organizations as they seek to take advantage of the security vacuum created by the civil war in Libya . On April 4, 2019, Khalifa Haftar, the commander of the Libyan National Army
(LNA)ordered forces loyal to him to begin a unilateral military operation to take control of Tripoli, the capital of Libya and seat of the Government of National Accord (GNA), an interim body that emerged from previous United Nations-backed negotiations which the United States Government and the United Nations Security Council have recognized since 2015. During the fighting, both the LNA, the GNA, and their associated forces failed to observe their obligations under international humanitarian law, increased the geographic scope of the conflict in Libya, recruited foreign mercenaries, and intensified ground and air campaigns using heavy weapons, aircraft, and reportedly using armed drones provided by foreign powers. According to the United Nations, since the LNA offensive began in April 2019, the conflict in Libya has led to the deaths of more than 500 civilians and the displacement of more than 200,000 people. Parties to the conflict in Libya have killed civilians, committed torture and abuse, committed mass extrajudicial killings, requisitioned the houses of civilians, targeted medical facilities, and blocked humanitarian access to food, health, and other life-saving services, worsening humanitarian conditions. According to the United Nations, as of November 2020, more than 574,000 migrants and refugees remained in Libya and the continued arbitrary detention of migrants and refugees in formal detention centers and at informal smuggler sites remains a critical concern in Libya . Migrants and refugees, including women and children, are routinely subjected to discrimination, arrest, arbitrary detention, torture and other human rights violations and abuses. The United Nations has called for the immediate release, evacuation, and protection of refugees and migrants detained in conflict zones. In November 2019, the GNA and the Government of Turkey signed a Memorandum of Understanding on maritime boundaries in the Mediterranean Sea. A November 2020 Department of Defense Inspector General report estimated there are approximately 2,000 mercenary forces affiliated with the Wagner Group, a Russian private military company, as well as approximately 2,000 Russian-backed Syrian fighters, advanced equipment, and advanced capabilities supporting the LNA and Russian objectives in North Africa. The most recent AFRICOM posture statement claims, Russia continues to harvest benefits from the instability in Libya—its military meddling has prolonged the conflict and exacerbated casualties and humanitarian suffering. . The Department of Defense Inspector General reported that, Turkey has hundreds of regular military personnel deployed to Libya in order to train GNA-aligned militias and to operate Turkish military equipment and sent thousands of Syrian mercenaries to Libya in support of the GNA. On January 19, 2020, at a peace conference in Berlin, representatives of the Governments of Algeria, China, Egypt, France, Germany, Italy, Russia, Turkey, the Republic of Congo, the United Arab Emirates, the United Kingdom, and the United States, as well as regional and multilateral organizations, agreed to refrain from interference in Libya’s internal affairs, abide by the United Nations arms embargo, and advance a 55-point communique to resolve the conflict in Libya. On February 13, 2020, the United Nations Security Council adopted Resolution 2510, which endorses the Conclusions of the International Conference on Libya held in Berlin, affirms the need for a lasting ceasefire, demands full compliance by all member states with the United Nations arms embargo, and expresses unequivocal support for the United Nations Special Representative and the ongoing United Nations Support Mission in Libya (UNSMIL)-facilitated intra-Libyan dialogue. On October 23, 2020, the warring parties in Libya agreed a ceasefire, which called for the withdrawal of all armed forces from conflict lines and the departure of all mercenaries and foreign fighters within three months, and was hailed by United Nations Secretary General António Guterres as a fundamental step toward peace and stability in Libya . At a November 2020 meeting of the Libyan Political Dialogue Forum, under the auspices of UNSMIL, participants agreed on a roadmap to credible, inclusive, and democratic national elections to be held in December 2021. On December 2, 2020, United Nations Acting Special Representative Stephanie Williams asserted that, despite repeated international agreements, 20,000 foreign fighters remain in Libya which represents a serious crisis and a shocking violation of Libyan sovereignty . On December 29, 2020, United Nations Secretary General Guterres recommended that international monitors deploy to Libya under United Nations auspices to observe the October 2020 ceasefire, warned that military activities by forces supporting the warring parties and military cargo flights continued to impede the ceasefire, and urged implementation of the United Nations arms embargo. On January 21, 2021, the United States joined the Governments of France, Germany, Italy, and the United Kingdom to remind all Berlin Conference participants of the need to continue to support a ceasefire, restore full respect for the UN arms embargo, and end the toxic foreign interference that undermines the aspirations of all Libyans to reestablish their sovereignty and choose their future peacefully through national elections . On February 5, 2021, the Libyan Political Dialogue Forum voted to select a new unified executive authority charged with leading the country until elections on December 21, 2021, an important milestone in the Libyan political process. On February 5, 2021, the United States and the Governments of France, Germany, Italy, and the United Kingdom jointly called on all current Libyan authorities and actors to ensure a smooth and constructive handover of all competences and duties to the new unified executive authority . It is the policy of the United States— to advance a peaceful resolution to the conflict in Libya through a United Nations-facilitated Libyan-led and Libyan-owned political process as the best way to secure United States interests and to ensure the sovereignty, independence, territorial integrity, and national unity of Libya; to support the implementation of United Nations Security Council Resolutions 1970
(2011)and 1973 (2011), which established an arms embargo on Libya, and subsequent resolutions modifying and extending the embargo; to enforce Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya (April 19, 2016)), designed to target individuals or entities who threaten the peace, security, and stability of Libya ; to oppose attacks on civilians, medical workers, and critical infrastructure, including water supplies, in Libya, and to support accountability for those engaged in such heinous actions; to support Libya’s sovereignty, independence, territorial integrity, and national unity consistent with United Nations Security Council Resolution 2510
(2020)and all predecessor resolutions with respect to Libya, including by— taking action to end the violence and flow of arms; rejecting attempts by any party to illicitly export Libya’s oil; and urging the withdrawal of foreign military and mercenary forces; to leverage diplomatic relations to convince the parties to the conflict in Libya to maintain the current ceasefire and persuade foreign powers to stop providing personnel, including mercenaries, weapons, and financing that threaten to reignite the conflict; to support the Libyan Political Dialogue and advance the inclusive Libyan-led and Libyan-owned political process under the auspices of UNSMIL; to support a negotiated and peaceful political solution that includes a single, unified, inclusive, and effective Libyan Government approved by the Libyan House of Representatives, the end of a transitional period achieved through free, fair, inclusive, and credible elections, a fair and transparent allocation of resources, interim security arrangements, and a process for the reunification of Libyan government ministries and Libyan sovereign institutions, including the Central Bank of Libya, the National Oil Corporation, and the Libyan Investment Authority; to support constant, unimpeded, and reliable humanitarian access to those in need and to hold accountable those who impede or threaten the delivery of humanitarian assistance; to advocate for the immediate release and safe evacuations of detained refugees and migrants trapped by the fighting in Libya; to encourage implementation of UNSMIL’s plan for the organized and gradual closure of migrant detention centers in Libya; to support greater defense institutional capacity building after a comprehensive political settlement; to support current and future democratic and economic development; and to discourage all parties from heightening tensions in the region, through unhelpful and provocative actions.
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- 81 FR 23559
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