Senate passed resolution urging a no-fly zone

Mr. MENENDEZ (for himself, Mr. KIRK, Mr. LAUTENBERG, Mr. DURBIN, Mrs. GILLIBRAND, Mr. SANDERS, Mr. WHITEHOUSE, Mr. SCHUMER, Mr. CASEY, Mr. WYDEN, and Mr. CARDIN) submitted the following resolution; which was considered and agreed to:

S. Res. 85

Whereas Muammar Gadhafi and his regime have engaged in gross and systematic violations of human rights, including violent attacks on protesters demanding democratic reforms, that have killed thousands of people;

Whereas Muammar Gadhafi, his sons and supporters have instigated and authorized violent attacks on Libyan protesters using warplanes, helicopters, snipers and soldiers and continue to threaten the life and well-being of any person voicing opposition to the Gadhafi regime;

Whereas the United Nations Security Council and the international community have condemned the violence and use of force against civilians in Libya and on February 26, 2011, the United Nations Security Council unanimously agreed to refer the ongoing situation in Libya to the International Criminal Court, impose an arms embargo on the Libyan Arab Jamahiriya, including the provision of mercenary personnel, freeze the financial assets of Muammar Gadhafi and certain family members, and impose a travel ban on Gadhafi, certain family members and senior advisors;

Whereas Muammar Gadhafi has ruled Libya for more than 40 years by banning and brutally opposing any individual or group opposing the ideology of his 1969 revolution, criminalizing the peaceful exercise of expression and association, refusing to permit independent journalists' and lawyers' organizations, and engaging in torture and extrajudicial executions, including the 1,200 detainees killed in Abu Salim Prison in June 1996;

Whereas Libya took formal responsibility for the terrorist attack that brought down Pan Am Flight 103 over Lockerbie, Scotland, killing 270 people, 189 of whom were U.S. citizens and high-ranking Libyan officials have indicated that Muammar Gadhafi personally ordered the attack; and

Whereas Libya was elected to the United Nations Human Rights Council on May 13, 2010 for a period of 3 years, sending a demoralizing message of indifference to the families of the victims of Pan Am flight 103 and Libyan citizens that have endured repression, arbitrary arrest, enforced disappearance or physical assault in their struggle to obtain basic human and civil rights: Now, therefore, be it

Resolved, That the Senate--

(1) applauds the courage of the Libyan people in standing up against the brutal dictatorship of Muammar Gadhafi and for demanding democratic reforms, transparent governance, and respect for basic human and civil rights;

(2) strongly condemns the gross and systematic violations of human rights in Libya, including violent attacks on protesters demanding democratic reforms;

(3) calls on Muammar Gadhafi to desist from further violence, recognize the Libyan people's demand for democratic change, resign his position and permit a peaceful transition to democracy governed by respect for human and civil rights and the right of the people to choose their government in free and fair elections;

(4) calls on the Gadhafi regime to immediately release persons that have been arbitrarily detained, to cease the intimidation, harassment and detention of peaceful protestors, human rights defenders and journalists, to ensure civilian safety, and to guarantee access to human rights and humanitarian organizations;

(5) welcomes the unanimous vote of the United Nations Security Council on resolution 1970 referring the situation in Libya to the International Criminal Court, imposing an arms embargo on the Libyan Arab Jamahiriya, freezing the assets of Gadhafi and family members, and banning international travel by Gadhafi, members of his family, and senior advisors;

(6) urges the Gadhafi regime to abide by United Nations Security Council Resolution 1970 and ensure the safety of foreign nationals and their assets, and to facilitate the departure of those wishing to leave the country as well as the safe passage of humanitarian and medical supplies, humanitarian agencies and workers, into Libya in order to assist the Libyan people;

(7) urges the United Nations Security Council to take such further action as may be necessary to protect civilians in Libya from attack, including the possible imposition of a no-fly zone over Libyan territory;

(8) welcomes the African Union's condemnation of the ``disproportionate use of force in Libya'' and urges the Union to take action to address the human rights crisis in Libya and to ensure that member states, particularly those bordering Libya, are in full compliance with the arms embargo imposed by United Nations Security Council Resolution 1970 against the Libyan Arab Jamahiriya, including the ban on the provision of armed mercenary personnel;

(9) welcomes the decision of the United Nations Human Rights Council to recommend Libya's suspension from the Council and urges the United Nations General Assembly to vote to suspend Libya's rights of membership in the Council;

(10) welcomes the attendance of Secretary of State Clinton at the United Nations Human Rights Council meeting in Geneva and 1) urges the Council's assumption of a country mandate for Libya that employs a Special Rapporteur on the human rights situation in Libya and 2) urges the U.S. Ambassador to the United Nations to advocate for improving United Nations Human Rights Council membership criteria at the next United Nations General Assembly in New York City to exclude gross and systematic violators of human rights; and

(11) welcomes the outreach that has begun by the United States Government to Libyan opposition figures and supports an orderly, irreversible transition to a legitimate democratic government in Libya.