Resolution 2698 (2023)
Adopted by the Security Council at its 9429th meeting, on 29 September 2023
The Security Council,
Recalling its resolutions 2240 (2015), 2312 (2016), 2380 (2017), 2437 (2018), 2491 (2019), 2546 (2020), 2598 (2021) and 2652 (2022) and its Presidential Statement of 16 December 2015 (S/PRST/2015/25),
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,
Welcoming the Secretary-General’s report of 30 August 2023 (S/2023/640) including its observations on the plight of migrants and refugees in Libya,
Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,
Welcoming the measures that have been taken to implement resolution 2240 (2015) encouraging their continuation, and taking note of Operation EUNAVFOR MED Irini in this regard,
Expressing grave concern at the continued endangerment of lives by the smuggling of migrants in the Mediterranean Sea, in particular off the coast of Libya, and recognizing that among these migrants may be persons who meet the definition of a refugee under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto,
Emphasizing in this respect that migrants, including asylum-seekers and regardless of their migration status, should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable, stressing also the obligation of States, where applicable, to protect the human rights of migrants regardless of their migration status, including when implementing their specific migration and border security policies,
Reaffirming in this respect the need to promote and protect the human rights and fundamental freedoms of all migrants, regardless of their migration status, including those of women and children, and to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit and destination in promoting and protecting the human rights of all migrants, and avoiding approaches that might aggravate their vulnerability,
Underscoring the importance of a holistic approach to address the root causes of irregular migration and further affirming that enhanced cooperation and solidarity is more urgent than ever, and that regional cooperation and solutions, as well as national efforts place human rights and the dignity of migrants and refugees at the front and center,
Reaffirming the necessity to put an end to the ongoing proliferation of, and endangerment of lives by, the smuggling of migrants and trafficking of persons in the Mediterranean Sea off the coast of Libya, and, for these specific purposes, acting under Chapter VII of the Charter of the United Nations,
1. Condemns all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermine further the process of stabilisation of Libya and endanger the lives of hundreds of thousands of people;
2. Calls upon Member States to place the human rights and the immediate needs of migrants and refugees at the core of their efforts to prevent and counter smuggling and trafficking;
3. Decides to renew the authorisations as set out in paragraphs 7, 8, 9 and 10 of resolution 2240 (2015), for a further period of twelve months from the date of adoption of this resolution, reaffirms paragraph 11 thereof and reiterates its resolutions 2240 (2015), 2312 (2016), 2380 (2017), 2437 (2018), 2491 (2019), 2546 (2020), 2598 (2021) and 2652 (2022) and its Presidential Statement S/PRST/2015/25;
4. Emphasises that all migrants, including asylum-seekers, should be treated with humanity and dignity and that their rights should be fully respected, and urges all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable;
5. Calls upon all States, with relevant jurisdiction under international law and national legislation, to investigate and prosecute persons responsible for acts of migrant smuggling and human trafficking at sea, in a manner consistent with States’ obligations under international law, including international human rights law and international refugee law, as applicable;
6. Renews the reporting requests set out in paragraph 17 of its resolution 2240 (2015) from the date of adoption of this resolution, and requests the Secretary-General to report to the Security Council eleven months after the adoption of this resolution on its implementation, in particular with regard to the implementation of paragraphs 7 to 10 of its resolution 2240 (2015);
7. Expresses its intention to continue to review the situation and consider, as appropriate, renewing the authority provided in this resolution for additional periods;
8. Decides to remain seized of the matter.