Libya: Four Years After its First Review: No Human Rights Improvement

In September 2014, Alkarama submitted information on Libya's upcoming Universal Periodic Review (UPR) in April/May 2015. Two main issues were approached: Libya's cooperation with the United Nations' human rights mechanisms and its compliance with its international human rights obligations.

Political Background

Libya experienced 42 years of dictatorship under the Gaddafi regime. Following the political changes that occurred in neighbouring Egypt and Tunisia, the Libyan people rose up in turn on 15 February 2011. The protest movement rapidly turned into an armed conflict following its violent repression by the Libyan regime.

After more than three years of political changes and government failures, a campaign of violence and repression ("Operation Dignity") was launched and the self-proclaimed Chief of Staff of the Army, General Khalifa Haftar took control over the remaining parts of the country. Characterised by innumerable atrocities, such as the summary executions of civilians (including in Al Abyar, Al Merj and Benghazi), "Operation Dignity" is still ongoing. Following the June 2014 parliamentary elections, the clashes between the different armed groups' supporters continued under aerial bombardments carried out by the Emirati air force and supported by Egypt.

National and International Obligations

Although Libya's General National Congress made important legal amendments to criminal the practices of torture and enforced disappearances, and despite being a party to the main international human rights mechanisms, Libya has not ratified the International Convention for the Protection of All Persons from Enforced Disappearances (CED) and the Optional Protocol to the Convention against Torture (OPCAT)

During its 2010 UPR, Libya accepted the recommendation to "intensify its efforts to reinforce the rule of law and the national institutions for the protection of human rights." However, given the current instability in the country, the human rights institutions or mechanisms created face many obstacles to the effective implementation of their mandates. This is also the case of the UN Support Mission in Libya (UNSMIL), which is experiencing many difficulties in the realisation of its mission due to the tensions and violence destabilising the country.

Cooperation with International Human Rights Mechanisms

Libya extended a permanent invitation to the Special Procedures of the Human Rights Council (HRC). The Special Rapporteur on the Freedom of Expression, the Working Group on Arbitrary Detention (WGAD) and the Working Group on Enforced Disappearances (WGEID) have requested visits which have been accepted, but none of them has undertaken a visit to this day. Moreover, cooperation with several UN Special Procedures is still ineffective.

Compliance with International Human Rights Treaties

The August 2011 Constitutional Declaration by the National Transitional Council guarantees the enjoyment of civil and political rights to all Libyan citizens (without any discrimination) but excluding foreigners, often victims of discrimination in violation of the principle of equality of treatment enshrined in Article 26 of the International Covenant on Civil and Political Rights (ICCPR). Even if some political rights could be enjoyed only by citizens, the civil ones should be universal guaranteed.

Despite the political will to respect fundamental human rights, the rights to life, liberty, and security are not protected by the State. Many armed militias refused to disarm during and after the revolution and continue to exercise effective control over certain regions. Alkarama has reported several cases of the following violations: arbitrary and incommunicado detention, inhuman detention conditions, summary executions, political assassinations, torture (in the detention centres controlled by the militias as well inside the government prisons).

Cases of torture (including many cases of individuals who died as a result of it) have been more numerous in the east of the country since General Haftar launched "Operation Dignity" in March 2014. Despite the legal prohibition of enforced disappearances, this practice remains widely used as well, and a number of cases remain unresolved, even though the perpetrators of these crimes are known and continue to act with impunity. In June 2014, Alkarama submitted the case of two men abducted by the forces of General Haftar. After disappearing for several days, the two victims reappeared and described inhuman conditions of detention and the systematic practice of torture in the places where they were held incommunicado.

Whilst the Libyan legislature has adopted different laws to address human rights abuses, these legal instruments are not implemented, and none of the punishments provided by the law of 2003 to fight against the perpetrators' impunity have ever been put into practice.

Freedom of Expression, Association, and Peaceful Assembly, as well as the Right to Participate in Public and Political Life faced a relative improvement during the first faces of the revolution. However, self-censure has become practice due to the country's security situation, in particular the kidnappings of journalists, a practice that can be also used by the government following the latest amendments of the penal code aiming to silence dissent.

Recommendations

In the light of the above, Alkarama made the following recommendations:
a. Integrate a more exhaustive list of fundamental rights and freedoms into constitutional texts;
b. Bring national legislation into conformity with the international Conventions ratified by Libya;
c. Put an end to violations of the right to life, liberty, and physical integrity, and prosecute all those responsible for these violations.

For more information or an interview, please contact the media team at media@alkarama.org (Dir: +41 22 734 1007 Ext: 810)