House of Commons - Documents considered by the Committee on 9 November

Documents considered by the Committee on 9 November - European Scrutiny Committee Contents

15 EU humanitarian assistance to Libya

(33306)

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Council Decision repealing Council Decision 2011/210/CFSP on a European Union military operation to support humanitarian assistance and protection of civilians in response to the crisis situation in Libya (EUFOR Libya)

Legal base Article 42(4) and 43(2) TEU; unanimity

Department Foreign and Commonwealth Office

Basis of consideration EM of 4 November 2011

Previous Committee Report None; but see (32626) —: HC 428-xxii (2010-12), chapter 10 (30 March 2011); also see (32606) — and (32610) —: HC 428-xxi (2010-11), chapter 9 (23 March 2011) and (32546) — and (32549) —: HC 428-xviii (2010-11), chapter 12 (2 March 2011)

Discussion in Council 14 November 2011 or the 1 December 2011 Foreign Affairs Council

Committee's assessment Politically important

Committee's decision Cleared

Background

15.1 On 23 February 2011 the European Union expressed its grave concern over the situation unfolding in Libya; strongly condemned the violence and use of force against civilians; deplored the repression against peaceful demonstrators; and reiterated its call for an immediate end to the use of force and for steps to address the legitimate demands of the population.[70]

15.2 On 26 February 2011, the UN Security Council adopted UNSCR 1970 (2011). Deploring what it called "the gross and systematic violation of human rights" in strife-torn Libya, the Security Council demanded an end to the violence and decided to refer the situation to the International Criminal Court while imposing an arms embargo on the country and a travel ban and assets freeze on the family of Muammar Al-Qadhafi and certain Government officials. It authorized all Member States to seize and dispose of military-related materiel banned by the text. It called on all Member States to facilitate and support the return of humanitarian agencies and make available humanitarian and related assistance in Libya and expressed its readiness to consider taking additional appropriate measures as necessary to achieve that.[71]

15.3 We subsequently considered the relevant Council Decision and implementing Council Regulation at our meeting on 3 March 2011. The Council Decision and Regulation raised no questions per se, but we reported them to the House nonetheless because of the widespread interest in the situation in Libya.[72]

15.4 On 17 March 2011, demanding an immediate ceasefire in Libya, including an end to the current attacks against civilians, which it said might constitute "crimes against humanity", the UN Security Council imposed a ban on all flights in the country's airspace — a no-fly zone — and tightened sanctions on the Qadhafi regime and its supporters. In adopting Resolution 1973 (2011) by a vote of ten in favour to none against, with five abstentions (Brazil, China, Germany, India, Russian Federation), the Council authorized Member States, acting nationally or through regional organizations or arrangements, to take all necessary measures to protect civilians under threat of attack in the country, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory.

15.5 On 21 March 2011, the Foreign Affairs Council adopted conclusions on Libya that, inter alia:

— expressed its concern at the then situation and condemned the gross and systematic violation of human rights, violence and brutal repression perpetrated by the regime against the Libyan people;

— expressed its satisfaction after the adoption of UNSCR 1973 and underlined its determination to contribute to its implementation;

— said that it and the EU Member States would support actions provided for by UNSCR 1973 necessary to protect civilians and civilian populated areas under threat of attack; and

— noted that the EU would continue to provide humanitarian assistance to all those affected.[73]

15.6 On 21 March the House adopted the following Resolution:

15.7 On 23 March we cleared a Council Decision and Council Regulation that authorised Member States to:

— take the necessary measures to prevent the flights of aircrafts under their jurisdiction in the airspace of Libya, save those whose sole purpose is humanitarian;

— inspect vessels and aircraft bound to or from Libya, if they have reasonable grounds to believe that such vessels are carrying prohibited cargo;

— deny permission to any Libyan aircraft to take off from, land in or overfly their territory;

— deny permission to any aircraft to take off from, land in or overfly their territory, if they have reasonable grounds to believe that the aircraft contains prohibited items, including the provision of armed mercenary personnel.

15.8 The measures also extended the travel ban and asset freeze to encompass not just the Qadhafi family and a range of other individuals but also state enterprises under the control of Muammar Qadhafi and his family, and thus a potential source of funding for his regime.[75]

15.9 The Council Decision and Regulation raised no questions in and of themselves. We nonetheless reported these measures because of their political importance. In so doing, we noted that the Minister was "doing a lot of preparatory work in order to be able to take further measures very soon", and asked him to do all that he could to continue to keep the Committee informed about what was plainly a very fast-moving situation.[76]

Council Decision 2011/210/CFSP

15.10 The Foreign Affairs Council Conclusions also expressed the EU's readiness to provide CSDP support to humanitarian assistance in response to a request from OCHA[77] and under the coordinating role of the UN, such actions to respect fully the UN guidelines on the use of military and civil defence assets (MCDA).[78]

15.11 In his Explanatory Memorandum of 29 March 2010, the Minister for Europe (Mr David Lidington) explained that:

— the Council subsequently agreed on 24 March a Crisis Management Concept outlining the potential response;

— this would support the implementation of UNSCRs 1970 and 1973 through the protection of civilians by providing EU military capabilities to assist the UN in the evacuation of refuges from the borders with Tunisia and/or Egypt or by providing specialised capabilities to support humanitarian assistance;

— the European Council of Friday 25 March 2011 agreed that EU planning should continue;

— this Council Decision would enable planning for a potential CSDP military operation to proceed to the next phase.

15.12 The Minister commented on the proposal as follows:

THE CRISIS MANAGEMENT CONCEPT

"We agreed an EU Crisis Management Concept (CMC) on 24 March 2011 which sets out the conceptual framework of how a CSDP operation might operate. This is an EU Restricted document, but in summary it sets the framework for potential CSDP action in accordance with the mandates of UNSCR 1970 and 1973 through the protection of civilians by providing EU military capabilities to assist the UN in the evacuation of refugees or by providing specialised capabilities to support humanitarian assistance. It also emphasised the need for further planning and preparation, including ensuring close coordination and complementarity with relevant humanitarian actors, in particular with OCHA, the European Commission Humanitarian Aid and Civil Protection (known as ECHO) and other international actors including NATO.

WHAT DOES THIS COUNCIL DECISION DO?

"The purpose of the Council Decision is to allow for further and more detailed contingency planning. It would do this by designating an operational commander and headquarters (probably in Italy). This planning is required so that the EU can respond swiftly in case its support is requested by UN OCHA.

"It approves the readiness of the EU to provide CSDP support to humanitarian agencies with two important locks ahead of any mission launch. The first is that the launch of any mission can only be considered if OCHA requests assistance, as per the FAC Conclusions — this would demonstrate need. The wording of the draft Decision will be tightened in this respect. Secondly, the decision to launch a mission will need to be approved by the Council when considering the operational plan which will result from this next phase of planning.

WHY DO WE SUPPORT IT?

"The humanitarian situation in Libya and at its borders is cause for concern and could be aggravated by migration movements resulting from events. The EU and Member States have already mobilised humanitarian aid working with the UN in evacuating refugees and third country nationals from Tunisia. If there is a deterioration in the humanitarian situation, and a request for assistance is received from OCHA, the EU has committed itself politically to be able to respond rapidly. This Council Decision allows for prudent planning to take place that will help the EU to react swiftly, but with appropriate locks, and we are therefore supportive.

WHAT HAPPENS NEXT?

"Once the Council Decision is taken, detailed formal planning will commence. Should a request not be forthcoming from OCHA, and the situation on the ground does not require a CSDP operation within the parameters set out in the Decision, then the Council can take a decision to repeal the Decision closing the operational headquarters.

"If a request is made from OCHA for CSDP support, then planning documents (an operational plan) can be considered and agreed by the Political and Security Committee (PSC). Agreement to launch a mission will be subject to a further Council Decision, on which the Scrutiny Committees would be consulted."

Our assessment

15.13 We noted that any decision to launch this mission — which was called EUFOR Libya — would be dependent on a request from the UN and a further Council Decision. Since, no matter how circumscribed, this would amount to an EU military mission, and in very challenging circumstances, we asked the Minister to do everything possible to ensure that the Committee was able to consider it in a timely fashion.

15.14 In the meantime, we cleared the draft Council Decision from scrutiny.[79]

15.15 It was adopted on 1 April 2011, as Council Decision 2011/210/CFSP.

The draft Council Decision

15.16 The draft Council Decision would close down EUFOR Libya.

The Government's view

15.17 In his Explanatory Memorandum of 4 November 2011, the Minister of Europe (Mr David Lidington) welcomes work done within the EU and at the Rome operations headquarters (OHQ); however, he says, the launch of EUFOR Libya is now highly unlikely. The situation in Libya has improved; OCHA and the humanitarian community are adequately managing the current humanitarian needs; and the Libya National Transitional Council (NTC) has stated that it does not want any foreign military forces deployed in Libya — hence this Council Decision recommending closure of EUFOR Libya and its OHQ.

15.18 The Minister says that the EU is working closely with the United Nations and others in coordinating international support to post-conflict Libya — in the immediate term, humanitarian assistance as well as work "to build on the flourishing role of civil society"; next, a comprehensive needs assessment covering the key areas identified by the Libyan authorities. The Minister explains that the EU has been given responsibility for coordinating assessments in the areas of border control, civil society and communications and will also be participating in assessments in other areas (for example public security) which are being led by the UN and World Bank/International Monetary Fund; it is hoped that some of these assessment missions will be on the ground soon. Once the assessments are complete and an implementation plan agreed, the Minister says that the EU will be likely to offer assistance in a wide range of areas, which could cover education, women's rights, public financial management, and security sector reform; and which might include a civilian CSDP mission (though, the Minister notes, formal discussions have yet to take place).

15.19 With regard to the Financial Implications, the Minister says that:

— the UK is liable for 14.36% of the costs of establishing and running the OHQ;

— the final costs will be known when closure is complete;

— common costs were restricted to €7.9 million to allow for contingency planning;

— he does not expect the full amount to have been required.

15.20 The Minister concludes by noting that closure of the OHQ is planned to be completed by the end of November, and that he expects the Council Decision to be adopted by either the 14 November or the 1 December Foreign Affairs Council.

Conclusion

15.21 Even though the draft Council Decision itself is entirely straightforward, we consider that the overall context is such that a Report to the House is appropriate.

15.22 We now clear the draft Council Decision.

70 See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/cfsp/119453.pdf for the full text. Back

71 Full details of UN Security Council resolution 1970 (2011) are available at http://www.un.org/News/Press/docs/2011/sc10187.doc.htm. Back

72 See headnote: (32546) - and (32549) -: HC 428-xviii (2010-11), chapter 12 (2 March 2011). Back

73 The full conclusions are available at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/120065.pdf. Back

74 See HC Deb, 21 March 2011, cols 700-806 and http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110321/debtext/110321-0001.htm#1103219000001. Back

75 See headnote: (32610) -: HC 428-xxi (2010-11), chapter 9 (23 March 2011). Back

76 See headnote: (32606) - and (32610) -: HC 428-xxi (2010-11), chapter 9 (23 March 2011). Back

77 OCHA is the part of the United Nations Secretariat responsible for bringing together humanitarian actors to ensure a coherent response to emergencies and ensures there is a framework within which each actor can contribute to the overall response effort. For full information about OCHA, see http://www.unocha.org/. Back

78 MCDA Guidelines (the Guidelines on the Use of Military and Civil Defence Assets to Support United Nations Humanitarian Activities in Complex Emergencies) provide guidelines for the use of international military and civil defence personnel, equipment, supplies and services in support of the United Nations (UN) in pursuit of humanitarian objectives in complex emergencies. For further details, see http://ocha.unog.ch/drptoolkit/PNormativeGuidanceSpecificIssues.html.

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79 See headnote: (32626) -: HC 428-xxii (2010-11), chapter 10 (30 March 2011). Back



© Parliamentary copyright 2011	Prepared 18 November 2011