[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[Senate]
[Pages 2877-2878]
[From the U.S. Government Publishing Office, www.gpo.gov]




  SENATE RESOLUTION 85--STRONGLY CONDEMNING THE GROSS AND SYSTEMATIC 
   VIOLATIONS OF HUMAN RIGHTS IN LIBYA, INCLUDING VIOLENT ATTACKS ON 
    PROTESTERS DEMANDING DEMOCRATIC REFORMS, AND FOR OTHER PURPOSES

  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

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     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.

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