Statement by the Deputy Permanent Representative of Brazil to the United Nations, Ambassador Norberto Moretti, on the implementation of Security Council resolution 2652 - September 29th, 2023

Mister President,

I join others in thanking Directors Menikdiwela and Liljert for their briefings.

The coercive measures exceptionally authorized by the Security Council under Chapter VII of the Charter of the United Nations, through resolution 2240 (2015), have been justified as necessary to fight the smuggling of migrants and trafficking of persons in the Mediterranean Sea off the Libyan coast, since they undermine the process of stabilization of Libya and endanger the lives of thousands of people. Those measures do not — and should not be taken to — criminalize migration. They must be implemented in a manner fully consistent with international humanitarian law, international human rights law and international refugee law for the benefit of all migrants and refugees who cross the Mediterranean Sea. We echo the recommendations made by the Secretary-General in his report (S/2023/640) on the implementation of resolution 2652 (2022), which extended the Council’s authorization to intercept vessels off the Libyan coast until 29 September. All actors involved must place human rights and the immediate needs of migrants and refugees at the core of their efforts to prevent and counter smuggling and trafficking. The issue should not be politicized and taken out of its already terrible context.

As the Special Rapporteur on the human rights of migrants has pointed out, States must ensure that border governance measures do not run against the prohibition of collective expulsions. They also must respect the principle of equality and non-discrimination, the principle of non-refoulement, the right to seek asylum, the right to life, the prohibition of torture, the promotion of gender equality, and the rights and best interests of children. These measures must also comply with Member States’ search-and-rescue obligations under international maritime law.

Mister President,

The coercive measures authorized by the Council under resolution 2240 (2015) have been in place for eight years now. Yet, unfortunately, the situation today is worse than before. Without peace and sustainable development, migration flows will continue to increase. We will continue to witness death and suffering, including of children and other vulnerable persons. Brazil concurs with the Secretary-General’s assessment on the need for a holistic approach to address the root causes of irregular migration, through enhanced cooperation and solidarity. In this regard, we underscore the importance of effectively implementing the Global Compact for Safe, Orderly and Regular Migration. We also hope that the upcoming second Global Forum on Refugees will foster ambitious commitments towards improving the situation of those fleeing persecution. We must not allow the horror that we have seen in the Mediterranean Sea to continue any further.

Thank you.