Libya: Second UPR Cycle – Long Road Awaits Country Toward Improvement of Rights
On 13 May 2015, Libya's second Universal Periodic Review (UPR) was held at the Palais des Nations in Geneva. This process, which first started in 2008, occurs every four and a half years and aims to assess the human rights record of each United Nations' Member State by the Human Rights Council (HRC). It is thus an ongoing and daily tool to advance human rights. For this 22nd Session, 14 countries, including Libya, are examined. Since its first UPR in November 2010, the country's human rights situation has not only stagnated as reported by Alkarama in September 2014, but strongly deteriorated, in particular due to the civil war that broke out in the context of the wider 'Arab Spring' in 2011.
Libya's achievements since first UPR in 2010
Headed by Dr. Hassan A.M. Alsghayr, Deputy Minister of Foreign Affairs and International Cooperation, the official Libyan delegation to the UN presented Libya's national report to the HRC. Dr. Hassan A.M. Alsghayr highlighted the country's achievements since its last review in 2010, including the establishment of two human rights institutions: the National Council for Civil Liberties and Human Rights (NCCLHR) – established pursuant to Law No.5 of 2011 promulgated by the National Transitional Council on the basis of the Paris Principles relating to the status of National Human Rights Institutions (NHRIs) – which aims at strengthening Libyan civil society organisations; and the Commission of Civil Society (CCS-Lybia), which is responsible for registering civil society organisations, approving their charters and monitoring them to ensure that they carry out their work in accordance with the legislation in force.
Alsghayr also commented Libya's relations improvement with the Human Rights Council and its mechanisms, including the United Nations Support Mission in Libya (UNSMIL), which strives to consolidate the rule of law as well as to monitor and protect human rights, in accordance with the State's legal obligations, including through "help[ing] the Libyan authorities to reform and build up the justice system, support[ing] the formulation and implementation of a comprehensive strategy for transitional justice and support[ing] work aimed at ensuring human and appropriate treatment of detainees." Alsghayr reminded the audience that the country had extended an open invitation to all Special Procedures mandate-holders along with an invitation to the High Commissioner for Human Rights, Zeid Ra'ad Al Hussein to visit the country, but that none of them had yet responded to their invitation. Alsghayr concluded adding that the General National Congress (GNC) ratified the 2006 Convention on the Rights of Persons with Disabilities in 2013.
Interactive dialogue with States and their recommendations
The Libyan delegation's presentation was followed by an interactive dialogue with other UN Member States. Several States raised concerns about Libya's general human rights situation, calling for the strengthening of its national human rights bodies, a moratorium on the death penalty, a more effective protection of women, minorities and human rights defenders, an improvement of the migrants' situation and the need to put an end to arbitrary detention, torture, and enforced disappearances, including through the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED).
First to speak after the Libyan delegation, Turkey evoked Libya's contempt for the rule of law and the total impunity granted to the forces loyal to the Government. Turkey also emphasized the need to put an end to this general atmosphere of impunity, in particular following the attack against a Turkish vessel off the Libyan coast in which one sailor was killed and other crew members injured. The Libyan delegation answered Turkey that the aim of soldiers was not to target civilians but terrorist groups. The delegation also reminded Turkey that this maritime area falls under the sovereignty of Libya.
Overall, the States present observed that the country's weak institutions were still unable to prevent the abuse of power and to hold perpetrators of serious human rights abuses to account. Sustained efforts would need to be made by the Libyan authorities to address the increasing human rights violations.
Sweden and the United Kingdom were mainly concerned about the proliferation of terrorism and how the country would ensure the respect for human rights and the rule of law in its fight against it. To this, the Libyan delegation commented that a security cooperation should be developed with foreign countries, including to allow refugees and displaced persons to come back to the country. Furthermore, it nsisted on the difficulty of controlling arms circulating within the State.
Several States, among which Austria, Belgium, Chile, Cyprus, Estonia, Luxembourg, Poland, and Ireland recommended Libya to cooperate more with the International Criminal Court (ICC), and adhere to Rome Statute that governs it.
On 14 April 2015, Alkarama had briefed representatives from permanent missions in Geneva on its priority recommendations also in view of this UPR Session. The key issues to be addressed urgently were torture, enforced disappearances, the targeting of civilians by different groups and the inefficiency of the judicial system.
Please note that Alkarama's Legal Director, Rachid Mesli, has just come back from a field visit in Libya and is available to comment.
For more information or an interview, please contact the media team at media@alkarama.org (Dir: +41 22 734 1007 Ext: 810).