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http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A-HRC-16-15.pdf
http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A-HRC-16-15.pdf
GE.11-10097
Human Rights Council
Sixteenth session
Agenda item 6
Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Libyan Arab Jamahiriya
* Previously issued as document A/HRC/WG.6/9/L.13. The annex to the present report is
circulated as received.
United Nations A/HRC/16/15
General Assembly Distr.: General
4 January 2011
Original: English
A/HRC/16/15
Contents
Paragraphs Page
Introduction............................................................................................................. 1–4 3
I. Summary of the proceedings of the review process................................................ 5–92 3
A. Presentation by the State under review........................................................... 6–28 3
B. Interactive dialogue and responses by the State under review........................ 29–92 6
II. Conclusions and/or recommendations..................................................................... 93–97 14
Annex
Composition of the delegation ......................................................................................................... 23
A/HRC/16/15 3
Introduction
with Human Rights Council resolution 5/1, held its ninth session from 1 to 12 November
2010. The review of the Libyan Arab Jamahiriya was held at the 13 meeting, on 9
November 2010. The delegation of the Libyan Arab Jamahiriya was headed by the Vice-
Minister for European Affairs at the Ministry of Foreign Affairs, Abdulati I. Alobidi. At its
17th meeting, held on 12 November 2010, the Working Group adopted the report on the
Libyan Arab Jamahiriya.
2. On 21 June 2010, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of the Libyan Arab Jamahiriya: Argentina,
Norway and Senegal.
rapporteurs (troika) to facilitate the review of the Libyan Arab Jamahiriya: Argentina,
Norway and Senegal.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following
documents were issued for the review of the Libyan Arab Jamahiriya:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/9/ LBY /1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/9/LBY/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/9/LBY/3).
4. A list of questions prepared in advance by the United Kingdom of Great Britain and
Northern Ireland, the Czech Republic, Denmark, Germany, Latvia, Norway, Slovenia,
Sweden and the Netherlands was transmitted to the Libyan Arab Jamahiriya through the
troika. Those questions are available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
5. During the interactive dialogue, statements were made by 46 delegations. A number
of delegations commended the Libyan Arab Jamahiriya for the preparation and presentation
of its national report, noting the broad consultation process with stakeholders in the
preparation phase. Several delegations also noted with appreciation the country’s
commitment to upholding human rights on the ground. Additional statements, which could
not be delivered during the interactive dialogue owing to time constraints, will be posted on
the extranet of the universal periodic review when available.1 Recommendations made
during the dialogue are found in section II of the present report.
A. Presentation by the State under review
6. The Libyan Arab Jamahiriya stated that it highly valued the universal periodic
review as one of the most important human rights mechanisms in the United Nations, in
1 Denmark, China, Italy, the Netherlands, Mauritania, Slovenia, Nicaragua, the Russian Federation,
Spain, Indonesia, Sweden, Norway, Ecuador, Hungary, South Africa, the Philippines, Maldives,
Chile, Singapore, Germany, Austria, Kazakhstan, Latvia, Angola, Nigeria, Congo, Burundi, Zambia,
Rwanda, Burkina Faso, Senegal, Côte d’lvoire, Djibouti and Zimbabwe.
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which all countries were equal. It was a neutral, non-selective mechanism, with no double
standards.
7. The delegation noted that the national report had been prepared in a transparent and
consultative manner. A national committee had been established with the participation of
representatives from all relevant sectors. Consultations with civil society organizations and
relevant stakeholders had also been held.
8. The Libyan Arab Jamahiriya believed that the promotion and protection of human
rights was one of the most important factors for the progress and development of the
people. The first declaration of the Great Alfateh Revolution in 1969 had called for equality
and non-discrimination, and in 1977 the People’s Authority had been declared. In 1988, the
Libyan Arab Jamahiriya had issued the Great Green Document on Human Rights, which
provided that all human beings were born free and equal, with no difference between men
and women. In 1991, Law No. 20 on Strengthening Freedoms had also been enacted. The
Libyan Arab Jamahiriya was party to most human rights treaties and the protocols thereto,
and those instruments took precedence over national laws and could be directly applied by
the courts once they had been ratified.
9. The Libyan Arab Jamahiriya also referred to its interaction with the human rights
special procedures. Recently, invitations had been addressed to the Special Rapporteur on
the right to education and the Special Rapporteur on the sale of children, child prostitution
and child pornography. The Libyan Arab Jamahiriya was awaiting their responses to those
invitations. On 30 June 2010, the Libyan Arab Jamahiriya had also invited Amnesty
International to visit the country to see for itself that the Libyan Arab Jamahiriya had never
forcibly evicted or discriminated against any member of the Toubou tribe.
10. The delegation noted that all rights and freedoms were contained in a coherent,
consolidated legal framework. The legal guarantees formed the basis for protection of the
basic rights of the people. Further, abuses that might occur were dealt with by the judiciary,
and the perpetrators were brought before justice. The judiciary safeguarded the rights of
individuals and was assisted by other entities, most importantly the Office of the Public
Prosecutor. A National Human Rights Commission, with a mandate based on the Paris
Principles, had also been established, in 2007. The aforementioned entities were
complemented by newly established mechanisms, such as civil society organizations
established under Law No. 19 of 2001.
11. Protection of human rights was guaranteed in the Libyan Arab Jamahiriya; this
included not only political rights, but also economic, social and cultural rights. The Libyan
Arab Jamahiriya referred to its pioneering experience in the field of wealth distribution and
labour rights.
12. The delegation indicated that women were highly regarded in the Libyan Arab
Jamahiriya, and their rights were guaranteed by all laws and legislation. Discriminatory
laws had been revoked. Libyan women occupied prominent positions in the public sector,
the judicial system, the public prosecutor’s office, the police and the military. Libyan
legislation also guaranteed children their rights, and provided for special care for children
with special needs, the elderly and persons with disabilities.
13. Illegal immigration was one of the greatest challenges faced by the country. Illegal
immigration had a negative impact on the State budget, development, health, environmental
programmes and social stability. The Libyan Arab Jamahiriya looked forward to
coordination and cooperation with concerned countries, particularly European countries of
destination for migrants, to set up comprehensive programmes to address the economic and
social roots of this phenomenon by helping immigrants to settle in their own countries,
providing them with work opportunities and assisting their countries in development plans.
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14. The Libyan Arab Jamahiriya believed that human rights education was a duty that
should be fulfilled in the school system and the family system and by relevant civil society
organizations.
15. The delegation provided responses to some of the questions asked in advance,
indicating that it hoped that delegations would respect the religious, social and cultural
specificities of the Libyan people.
16. The Libyan Arab Jamahiriya noted that laws safeguarded freedom of expression
through principles enshrined in the Great Green Document. Article 5 promoted the right of
expression of every person. This right had been enshrined in the Code on the Promotion of
Freedom, which, in its article 8, stated that “each citizen has the right to express his
opinions and ideas openly in People’s Congresses and in all mass media, no citizen is
questioned on the exercise of this right unless this has been abused in a way that prejudices
the People’s Authority or is used for personal interest, and it is prohibited to advocate ideas
and opinions in a clandestine manner or to seek to disseminate them through force,
temptation or terrorism”. Additionally, it was a basic law with which all contradictory or
conflicting legislation should be compatible and was to be amended accordingly. In the
context of freedom of expression, each citizen, male or female, who had reached the age of
18 was entitled to membership in the Basic People’s Congresses and, by virtue of that
membership, had the right to express his or her opinion on any matter. Further, in view of
the growth of information networks, restrictions imposed on freedom of expression had
become an obsolete issue and such freedom could be prevented. With regarding to revoking
legislation that restricted freedom of expression, the Libyan Arab Jamahiriya indicated that
such legislation does not exist and that Libyan basic law explicitly mentioned freedom of
expression.
17. Freedom of religion was also guaranteed, in accordance with basic laws and the
Green Document, which stipulated that religion was a private spiritual and individual value
and constituted a direct relationship with the Creator (God).
18. Regarding measures taken to prevent torture and ill treatment in detention centres or
prisons, the Libyan Arab Jamahiriya indicated that the practice of torture and ill treatment
was forbidden in article 434 of the Penal Code, which stated that public officials who had
ordered the torture of a person or had committed an act of torture were sentenced to 3 to 10
years’ imprisonment. Article 17 of the Promotion of Freedom Act stipulated that society
forbade penalties that undermined the dignity of a person and inflicted physical harm or
material injury. The legislation adequately addressed this issue; therefore, new measures
were unnecessary in this context.
19. People who had been harmed could file a complaint with the general prosecutor. The
public prosecutor’s office periodically inspected police and prison centres during
unannounced visits. From 1 January 2009 until 30 June 2010, the prosecutor had dealt with
7 cases involving torture and 66 cases involving the withholding of liberty. This showed
that these were individual cases and that the issue did not constitute a national phenomenon.
20. Regarding extending invitations to special procedures, the Libyan Arab Jamahiriya
reaffirmed its cooperation with these procedures, provided that mandate holders abided by
the Code of Conduct governing their work, that they respected the mandate entrusted to
them by the Council and that they did not interfere in the internal affairs of the State. The
Libyan Arab Jamahiriya had extended invitations to the Special Rapporteur on the right to
education and the Special Rapporteur on the sale of children, prostitution and pornography.
21. With regard to the extent of consultation with civil society in the preparation of the
national report, as indicated earlier, the Libyan Arab Jamahiriya noted that a Committee
had been established to include all human rights authorities in addressing this matter.
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22. Concerning the question of the presence of independent national human rights
institutions, numerous human rights organizations had been established under Act No.
19/2001, including, most notably, the Wa’itasimo foundation, the Kadafi International
Charity and the Development Foundation.
23. Regarding the amendment introduced in the Civil and Press Codes, a new bill that
would regulate mass media in a comprehensive manner was envisaged. Some media
representatives, particularly journalists, had suggested that the bill should be further
examined by relevant media unions, owners of newspapers and independent broadcasts so
that it could achieve its intended goal. In the Civil Code, the texts concerning commercial
activities and branches had been regulated under Act No. 23 of 2010. Concerning civil
issues, a partial amendment to the matter that required legal improvements was currently
under consideration by the General People’s Committee.
24. Concerning progress in the investigations into the disturbances of the Abu Salim
prison, the investigations were being carried out by a judge of the High Court assigned to
do so by the General Assembly of the Supreme Court. Work was still in progress, and the
National Human Rights Committee was awaiting the results of the investigations. Persons
and their relatives involved in this issue had entered into negotiations, in accordance with
social traditions, and some had been provided with financial reparations for damages,
remaining cases had been brought before the courts.
25. With regard to the release of all political prisoners, those who had abandoned the use
of terrorist acts had been released.
26. Regarding the granting of nationality to children born by Libyan women married to
foreigners, Code No. 24 of 2010, granting such children the right to acquire Libyan
nationality, was currently in the process of being published.
27. With respect to the country’s strategy for dealing with illegal immigration, it was
based on two points: first, urging concerted international efforts, and secondly, legislative
action provided for in Law No. 19/2010 on illegal immigration, imposing rigid penalties on
those who had transferred or prepared false documents for illegal immigrants.
28. Regarding the steps taken to implement the 2009 recommendations of the
Committee on the Elimination of Discrimination against Women, the Libyan Arab
Jamahiriya was scheduled to provide responses to the observations in the periodic report
due in 2014. Some steps had been taken already, such as the establishment of a joint
committee, including the Secretariat of Women Affairs of the General People’s Congress,
the National Planning Council and the General People’s Committee for Social Affairs, to
develop a working strategy for promoting the political, economic and social empowerment
of women. An agreement had been reached between the representative of the United
Nations Development Programme in the Libyan Arab Jamahiriya and the Women’s Affairs
Secretariat with a view to cooperation with the United Nations country team.
B. Interactive dialogue and responses by the State under review
29. Algeria noted the efforts of the Libyan Arab Jamahiriya to promote human rights,
which reflected the country’s commitment to complying with Human Rights Council
resolutions and cooperating with the international community. Algeria welcomed the
national institutional framework that had been set up, in particular the National Human
Rights Committee. It noted that the country had made some progress in the area of
education, as well as social and economic progress since the lifting of economic sanctions.
It also noted the challenge of increased illegal immigration. Algeria made
recommendations.
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30. Qatar praised the legal framework for the protection of human rights and freedoms,
including, inter alia, its criminal code and criminal procedure law, which provided legal
guarantees for the implementation of those rights. Qatar expressed appreciation for the
improvements made in the areas of education and health care, the rights of women, children
and the elderly, and the situation of people with special needs. Qatar inquired about
measures to tackle illegal immigration. Qatar made a recommendation.
31. The Sudan inquired if the Libyan Arab Jamahiriya could provide it with information
about the initiative to distribute wealth to low-income families and whether the country
considered this to be the best means to improve the standard of living of families with
limited resources. It noted the country’s positive experience in achieving a high school
enrolment rate and improvements in the education of women. The Sudan made
recommendations.
32. The Syrian Arab Republic praised the Libyan Arab Jamahiriya for its serious
commitment to and interaction with the Human Rights Council and its mechanisms. It
commended the country for its democratic regime based on promoting the people’s
authority through the holding of public conferences, which enhanced development and
respect for human rights, while respecting cultural and religions traditions. It asked about
the social care system for the elderly and the living conditions at their special homes. The
Syrian Arab Republic made a recommendation.
33. The Democratic People’s Republic of Korea praised the Libyan Arab Jamahiriya for
its achievements in the protection of human rights, especially in the field of economic and
social rights, including income augmentation, social care, a free education system,
increased delivery of health-care services, care for people with disabilities, and efforts to
empower women. It noted the functioning of the constitutional and legislative framework
and national entities. The Democratic People’s Republic of Korea made recommendations.
34. Bahrain noted that the Libyan Arab Jamahiriya had adopted various policies aimed
at improving human rights, in particular the right to education and the rights of persons
with disabilities. Bahrain commended the free education system and praised programmes
such as electronic examinations and teacher training. It commended the country for its
efforts regarding persons with disabilities, particularly all the services and rehabilitation
programmes provided. Bahrain made a recommendation.
35. Palestine commended the Libyan Arab Jamahiriya for the consultations held with
civil society in the preparation of the national report, which demonstrated its commitment
to the improved enjoyment of human rights. Palestine praised the country for the Great
Green Document on Human Rights. It noted the establishment of the national independent
institution entrusted with promoting and protecting human rights, which had many of the
competencies set out in the Paris Principles. It also noted the interaction of the Libyan Arab
Jamahiriya with human rights mechanisms.
36. Iraq commended the Libyan Arab Jamahiriya for being a party to most international
and regional human rights instruments, which took precedence over its national legislation.
It welcomed the efforts to present a comprehensive overview of the human rights situation
in the country based on the unity among democracy, development and human rights. It also
commended the Libyan Arab Jamahiriya for its cooperation with the international
community. Iraq made recommendations.
37. Saudi Arabia commended the Libyan Arab Jamahiriya’s achievements in its
constitutional, legislative and institutional frameworks, which showed the importance that
the country attached to human rights, and for the fact that international treaties took
precedence over its national legislation. It noted that the Libyan Arab Jamahiriya had
become party to many human rights conventions and had equipped itself with a number of
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institutions, national, governmental and non-governmental, tasked with promoting and
protecting human rights. Saudi Arabia made a recommendation.
38. Tunisia welcomed the national report, as well as the efforts of the National
Committee, such as the website created to gather contributions. Tunisia noted progress
made by the Libyan Arab Jamahiriya, such as the adoption of the Great Green Charter,
which was very comprehensive and enshrined fundamental freedoms and rights as
enshrined in international human rights instruments. Tunisia made a recommendation.
39. The Bolivarian Republic of Venezuela acknowledged the efforts of the Libyan Arab
Jamahiriya to promote economic, social and cultural rights, especially those of children. It
highlighted progress achieved in ensuring free and compulsory education. It inquired about
the functions of the Higher Committee for Child Welfare and the date on which it would
became operational. The Bolivarian Republic of Venezuela made recommendations.
40. Jordan welcomed the Libyan Arab Jamahiriya’s achievements in the promotion and
protection of human rights, including the establishment of institutions, particularly in the
judiciary system. Jordan praised progress in the fields of health, education and labour, as
well as the increased attention to the rights of women. Jordan noted the participation of
women in public life, including decision-making, and emphasized the fact that women held
one third of all judicial posts. Jordan made recommendations.
41. Cuba commended the Libyan Arab Jamahiriya for the progress made in the
achievement of one of the Millennium Development Goals, namely, universal primary
education. It noted that the country had also made a firm commitment to providing health
care. Cuba asked about the mechanism for providing care for persons with physical and
mental disabilities. Cuba made recommendations.
42. Oman commended the Libyan Arab Jamahiriya for its diligent efforts in the field of
human rights and for making them its priority. It referred to the legal framework for the
protection of human rights, and its clear commitment in that regard, which was reflected in
the ratification of most human rights instruments, and its cooperation with United Nations
mechanisms. The country’s report focused on both achievements and challenges, which
demonstrated its sincerity in addressing human rights issues. Oman made a
recommendation.
43. Egypt commended the Libyan Arab Jamahiriya for progress in building a
comprehensive national human rights framework of institutions and in drafting legislation
and supporting its human resources in that area. It commended the separation of the
Ministries of Justice and the Interior and the development of a new criminal code, and it
praised the cooperation with international organizations in combating human trafficking
and corruption, and the improvement made in the conditions related to illegal migration. It
asked about efforts to improve the status and the education of women. Egypt made
recommendations.
44. Malta fully recognized the difficulties faced by the Libyan Arab Jamahiriya and
welcomed the action taken at the national, bilateral and regional levels to suppress the
illegal activities that gave rise to migration. Malta welcomed the cooperation of the Libyan
Arab Jamahiriya with the International Organization for Migration. It referred to the recent
visit by European Union Commissioners, which had laid the basis for future collaboration
in the area of illegal migration. Malta made a recommendation.
45. Bangladesh referred to the progress made in the enjoyment of economic and social
rights, including in the areas of education, health care, poverty reduction and social welfare.
Bangladesh noted with appreciation the measures taken to promote transparency. It referred
to the challenges faced by the Libyan Arab Jamahiriya, such as the enhancement of the
empowerment of women and migration. Bangladesh made recommendations.
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9
46. Malaysia commended the Libyan Arab Jamahiriya for being party to a significant
number of international and regional human rights instruments. Nevertheless, the Libyan
Arab Jamahiriya could benefit from deeper engagement with the international human rights
machinery. Malaysia inquired about the current extent of the application of the death
penalty and about the impact of migration flows into the country and steps taken to address
migration-related challenges. Malaysia made a recommendation.
47. The Islamic Republic of Iran noted that the Libyan Arab Jamahiriya had
implemented a number of international human rights instruments and had cooperated with
relevant treaty bodies. It noted with appreciation the establishment of the National Human
Rights Committee as an independent national human rights institution, and the provision of
an enabling environment for non-governmental organizations. The Islamic Republic of Iran
encouraged the Libyan Arab Jamahiriya to strengthen its efforts at the national and
international levels to fulfil its commitments under international human rights law. It made
recommendations.
48. Morocco welcomed the achievements in promoting social protection, especially for
women, children and persons with special needs. It welcomed the efforts to protect the
rights of children. It asked whether there was a national committee for the protection of
children and, if so, what programmes it provided. It welcomed the establishment of a
national committee for the protection of persons with special needs. Morocco also praised
the Libyan Arab Jamahiriya for its promotion of human rights education, particularly for
security personnel. Morocco made a recommendation.
49. Pakistan praised the Libyan Arab Jamahiriya for measures taken both in terms of
legislation and in practice, noting with appreciation that it was a party to most of the core
human rights treaties. Pakistan praised the Libyan Arab Jamahiriya’s commitment to
human rights, in particular the right to health, education and food, even when the country
had faced sanctions in the 1990s. Pakistan was encouraged by efforts to address the root
causes of illegal migration, and noted the good practice of settling political disputes and
developing infrastructure in source countries. Pakistan made recommendations.
50. The delegation responded on the issue of illegal immigration. Given that illegal
immigration was an international phenomenon and not applicable only to the Libyan Arab
Jamahiriya, the country noted that it had become a country of transit and destination for
millions of immigrants. The high number of immigrants had caused many difficulties, as
already reported to the countries concerned. The best solution would be to adopt a
comprehensive strategy for addressing this humanitarian problem. That could be achieved
only with the full participation of all countries that faced the phenomenon.
51. Conferences had been held in Morocco and in the Libyan Arab Jamahiriya to deal
with this matter. Europeans considered the issue to be one of security; however, a solution
would require development programmes and economic considerations. The proposal had
been made that a development fund of €5 billion be established. Such a fund could carry
out development and investment projects in various countries of origin, and could be
supervised by both the European Union and the African Union. The proposal had been
adopted at the Europe-Africa Summit held in Lisbon; however, it had not been
implemented. The Europeans continued to emphasize that a security solution would be the
best response, and the Libyan Arab Jamahiriya disagreed. The Libyan Arab Jamahiriya had
consulted with various European delegations, including the delegation from the European
Agency for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union, which supervised European border areas.
52. On the question of cooperation with the United Nations Office on Drugs and Crime,
the Libyan Arab Jamahiriya noted that there was an agreement between it and the Office.
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10
The Libyan Arab Jamahiriya had also developed training programmes in Tripoli, for
judicial and police personnel.
53. On the initiative to distribute wealth to low-income families, those programmes
were related to distributing money through investments for every needy family. Over the
past four years, 229,595 families had benefited from the programme.
54. Regarding services for persons with special needs, the Libyan Arab Jamahiriya
indicated that such persons received monthly allowances and were exempt from all fees and
taxes, including for electricity, water and transportation. They also had residences and
housing units, medical supplies, vehicles especially designed for them, and paid domestic
help and home services.
55. The delegation reaffirmed that the judiciary system in the Libyan Arab Jamahiriya
was independent.
56. Concerning human rights training for personnel and law enforcement officials, a
formal programme had been organized by the State. Personnel were trained through official
curricula in all law schools, colleges and universities, including the armed forces college. In
addition, all associations and human rights organizations conducted workshops and training
courses and disseminated information and raised awareness regarding human rights issues.
Workshops and technical capacity had been provided to two courts, which were being
modernized.
57. Regarding discrimination against women, the policy of the Libyan Arab Jamahiriya
was based on equality and non-discrimination.
58. In respect of the issue of capital punishment, the Libyan Arab Jamahiriya indicated
that the death penalty was applied in aggravating crimes. Some examples of such crimes
included bearing weapons for a foreign country against the Libyan Arab Jamahiriya, war
crimes and facilitating enemies entering the Libyan Arab Jamahiriya and passing
information to its enemies. Homicide was also punishable under Shariah law (Qasas).
Since1990, the death penalty had been applied in only 201 cases.
59. In response to the question relating to the Convention on the Rights of Persons with
Disabilities, the Libyan Arab Jamahiriya noted that it had signed the Convention and was
currently carrying out all procedures related to ratification.
60. Mexico thanked the delegation for the presentation of the national report and the
answers that it had provided. It expressed appreciation for the political will of the Libyan
Arab Jamahiriya to address the human rights challenges facing it. Mexico hoped that the
universal periodic review of the Libyan Arab Jamahiriya would make a positive
contribution to national efforts to overcome challenges to guaranteeing the full enjoyment
of human rights. Mexico made recommendations.
61. Poland welcomed the Libyan Arab Jamahiriya’s achievements in recent years,
including its efforts to combat corruption and trafficking. It expressed concern about cases
involving the forced deportation of refugees and asylum seekers to countries where they
could be subject to torture or ill treatment. Poland asked about steps to be taken to improve
the situation of migrants. Poland made recommendations.
62. Switzerland recalled that the right to freedom of expression was a fundamental right,
in particular article 19 of the International Covenant on Civil and Political Rights and
article 9 of the African Charter. Switzerland noted that hundreds of peoples were under
administrative detention in the country, despite having been acquitted by the court or
having already served their sentence. Courts continued to pronounce death sentences and
inflict corporal punishment, including whipping and amputation. Switzerland made
recommendations.
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63. Australia welcomed the Libyan Arab Jamahiriya’s progress in human rights and its
willingness to facilitate visits by Human Rights Watch and Amnesty International, which
demonstrated the country’s commitment to engaging with the international community on
human rights. Australia remained concerned over restrictions on freedom of assembly and
expression; the detention of political prisoners; limited rights to fair trial under the new
State Security court; enforced disappearances; deaths in custody; discrimination towards
minorities; lack of legal protections against domestic violence; and the application of the
death penalty. Australia made recommendations.
64. Canada welcomed improvements made by the Libyan Arab Jamahiriya in its respect
for human rights, specifically the recent legislation that granted women married to
foreigners the right to pass on their Libyan nationality to their children, as well as the
acknowledgement of the deaths of hundreds of Abu Salim prisoners in 1996 and the first incountry
release of a report by an international non-governmental organization in 2009.
Canada made recommendations.
65. Myanmar commended the Libyan Arab Jamahiriya for its economic and social
progress, and recognized efforts in domestic legislation aimed at guaranteeing equal rights.
Myanmar noted that the country had acceded to many international human rights
instruments and established a national Human Rights Committee. Myanmar praised efforts
to realize basic education for all and a free health-care system. Myanmar made
recommendations.
66. Viet Nam congratulated the delegation on the quality of the national report. It noted
with satisfaction the commitment of the Libyan Arab Jamahiriya to the protection and
promotion of the human rights of its people, particularly the country’s accession to the main
international human rights conventions. It welcomed achievements made in the exercise of
human rights. Viet Nam made recommendations.
67. Thailand welcomed the national report, which presented both progress and
challenges. Thailand highlighted efforts made with regard to education, persons with
special needs and vulnerable groups. Thailand shared the concerns of the Libyan Arab
Jamahiriya regarding its approach to illegal migration, and welcomed steps taken to tackle
its root causes. Thailand made recommendations.
68. Brazil noted the Libyan Arab Jamahiriya’s economic and social progress and
acknowledged the promotion of the rights of persons with disabilities, the free health care
and the high enrolment in primary education. Brazil noted the successful cooperation with
international organizations in areas such as migrant rights, judicial reform and the fight
against corruption. Brazil noted that reports of torture were recurrent and that legislation on
racial discrimination was lacking. Brazil made recommendations.
69. Slovakia commended the Libyan Arab Jamahiriya for the progress towards the
achievement of the Millennium Development Goals. It was encouraged by the country’s
cooperation with international organizations in areas such as counter-trafficking, and
acknowledged the high standards for children’s protection. However, Slovakia noted that
there were certain areas of concern. It made recommendations.
70. Kuwait expressed appreciation for the Libyan Arab Jamahiriya’s initiative to
improve per capita income and to ensure social justice and the fair distribution of wealth. It
praised the measures taken with regard to low-income families. Kuwait called upon the
Libyan Arab Jamahiriya to continue its efforts to integrate people with disabilities into
society while recognizing their positive role. Kuwait asked about the functions of two
national entities that addressed disability issues. Kuwait made a recommendation.
71. The Czech Republic remained concerned that the death penalty could be applied
even to offences that could not necessarily be characterized as the most serious crimes. It
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12
also remained concerned that corporal punishment, including amputation and flogging, was
prescribed by law. The Czech Republic made recommendations.
72. The United States of America supported the Libyan Arab Jamahiriya’s increased
engagement with the international community. It called on the country to comply with its
human rights treaty obligations. It expressed concern about reports of the torture of
prisoners and about the status of freedom of expression and association, including in its
legislation, which often resulted in the arrest of people for political reasons. The United
States made recommendations.
73. The Republic of Korea noted that the participation of women was one of the
challenges identified in the Libyan Arab Jamahiriya’s national report, and encouraged the
country to enhance the empowerment of women. It asked about measures taken in that
regard. It encouraged the Libyan Arab Jamahiriya to continue strengthening its efforts to
promote the human rights of persons with special needs, and to reinforce its cooperation
with international human rights mechanisms. The Republic of Korea made a
recommendation.
74. Israel noted that The Libyan Arab Jamahiriya should live up to the membership
standards set forth in General Assembly resolution 60/251 and serve as a model in the
protection of human rights; while, in reality, its membership in the Council served to cover
the ongoing systemic suppression, in law and in practice, of fundamental rights and
freedoms. Israel made recommendations.
75. Sri Lanka welcomed the voluntary pledges undertaken by the Government of the
Libyan Arab Jamahiriya towards the promotion and protection of human rights, working
through regional mechanisms by way of its membership in the League of Arab States and
the African Union. Sri Lanka also recognized the challenges that needed to be overcome.
76. Japan welcomed the progress made by the Libyan Arab Jamahiriya with respect to
education and health. It also noted positively the release of political prisoners and the
improvement of prison conditions. Japan remained concerned about reports of arbitrary
arrest and execution, as well as of cases of impunity. It regretted restrictions on freedom of
expression and asked about measures taken to address the problem. Japan made a
recommendation.
77. The United Arab Emirates admired the Libyan Arab Jamahiriya’s ratification of the
majority of the human rights treaties. It noted with great satisfaction progress made towards
the establishment of a compulsory and free-of-charge education system, which had
contributed to the realization of social justice and sustainable human development.
Education was extended to all groups, including persons with special needs. It made a
recommendation.
78. The United Kingdom of Great Britain and Northern Ireland welcomed visits by
Amnesty and Human Rights Watch to the Libyan Arab Jamahiriya. It encouraged the
country to consider further visits and to issue a standing invitation to the United Nations
special procedures. It remained concerned about the enjoyment of the freedoms of
expression and association, and asked for further details in that regard, including on the
development of a new press law. The United Kingdom encouraged improvements in Libyan
prison standards. It made recommendations.
79. Azerbaijan commended The Libyan Arab Jamahiriya for the progress made
regarding economic and social rights, such as the achievements in poverty reduction, the
assistance to low-income families, the eradication of diseases, the decline in maternal and
child mortality, the eradication of illiteracy and the provision of universal education.
Azerbaijan welcomed the advances in the field of gender equality. It stated that
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international cooperation was crucial in addressing irregular migration, which remained a
challenge for the Libyan Arab Jamahiriya. Azerbaijan made recommendations.
80. Yemen welcomed measures taken by the Libyan Arab Jamahiriya in the field of
human rights, in particular towards political participation and the effective participation of
women in social and political life. It praised the country’s role in supporting development
in developing countries. Yemen inquired whether there was a body responsible for women
and requested a concise review of its role. Yemen made a recommendation.
81. Turkey welcomed the criminal justice reform project that the Libyan Arab
Jamahiriya had been pursuing in collaboration with international organizations. It
commended the importance attached to cooperation with human rights civil society
organizations and the increasing number of such organizations in the country. It noted
partnerships with relevant specialized United Nations organizations in promoting anticorruption
measures and counter-trafficking. It also noted the country’s consent to the
establishment of private media as an indication of the Libyan Arab Jamahiriya’s will to
reinforce freedom of expression. Turkey wished to see a sustainable increase in the Libyan
Arab Jamahiriya’s determination to improve human rights.
82. France referred to the situation of refugees; allegations concerning arbitrary
detention, torture, ill treatment and enforced disappearance; the death penalty, which
remained in force for a large number of crimes; the absence of non-governmental
organizations with expertise in the field of human rights; and the severe restrictions on
freedom of expression and association. France made recommendations.
83. Belarus noted with satisfaction that the Libyan Arab Jamahiriya was a party to
almost all the international human rights treaties and had been cooperating with treaty
bodies. Belarus welcomed the country’s determination to raise the living standards of its
population, and noted successes in health, education, employment and the social protection
of vulnerable groups. It noted the role of the social research centre and ongoing poverty
alleviation policies, and lauded measures to benefit persons with disabilities. Belarus made
recommendations.
84. Chad noted with satisfaction the consultation process undertaken in the preparation
of the national report, which demonstrated the importance that the Libyan Arab Jamahiriya
attached to the universal periodic review and to the promotion and protection of human
rights. It noted that the Libyan Arab Jamahiriya was party to most core international human
rights instruments. Chad made a recommendation.
85. The delegation clarified issues relating to the deportation of migrants and asylum
seekers. There were those who entered the Libyan Arab Jamahiriya illegally or without
documents, and others, belonging to criminal organizations, who attempted to cross through
by sea and land, where the Libyan Arab Jamahiriya tried to provide them with basic needs.
Furthermore, The Libyan Arab Jamahiriya regarded migrants as guests, not refugees. They
were allowed to stay and to the Libyan Arab Jamahiriya tried to resolve the situation
between them and their countries of origin. Although the Libyan Arab Jamahiriya had not
acceded to the Geneva Convention of 1951, a joint committee had been established to
consider the Convention and to engage in dialogue with the Office of the United Nations
High Commissioner for Refugees in order to arrive at a formula whereby UNHCR could
perform its tasks officially in the Libyan Arab Jamahiriya. UNHCR, without any
authorization, had granted refugee status to some immigrants, and they had received money
to be granted such status. The procedure had to be stopped. The country had contacted the
Office of the High Commissioner, and consultations to settle the issue were now under
way.
86. Concerning the arrest of the journalists, all those who had published news that was
untrue had been released. Investigations would be conducted.
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87. In response to questions regarding restrictions on freedom of expression, opinion
and the press, the Libyan Arab Jamahiriya reaffirmed that any citizen could freely express
his or her views. The country had many independent newspapers that had criticized the
Administration, and there were other privately owned media. A draft law on this issue was
under way but had not yet been enacted, and the 1972 press law would soon be amended to
resolve the pending issues.
88. Regarding corporal punishment, the relevant penalties or sanctions had not been
applied for more than 40 years, except in two cases regarding haraba, which was the most
serious crime of terrorism. The Penal Code was under review, and such punishment would
be repealed.
89. Regarding the point raised about the people’s court and the security court, there
were two different courts. The people’s court no longer existed, and the state security court
was an ordinary court governed by the penal code. The court was composed of judges
appointed by the Court of Appeal. None of the court’s members had special privileges
different from the privileges of other judges. Any complaint could be brought regarding
these members of the court, and this court was under the supervision of the Supreme Court.
As its decisions could be appealed before the Supreme Court, it was not an exceptional
court.
90. The Libyan Arab Jamahiriya was a party to the Convention against Torture, and the
Convention took precedence over national legislation. National legislation also provided for
the protection of victims of torture and the right to file a complaint. Various laws in the
penal code imposed severe sanctions on any perpetrators of torture or arbitrary detention.
Perpetrators found guilty were punished with severe sanctions, and some were sentenced
for up to two years of imprisonment.
91. Finally, the delegation thanked all delegations who had submitted recommendations
and took note of them. The Libyan Arab Jamahiriya invited all non-governmental
organizations and other relevant stakeholders in the Council to visit the Libyan Arab
Jamahiriya so they could see in person the status of human rights on the ground. Justice was
achieved in accordance with divine law, and the Libyan Arab Jamahiriya must refer to what
was stated in the holy Koran, noting that we were all equal and could improve ourselves
only through our convictions.
92. The Libyan Arab Jamahiriya indicated that it looked forward to a constructive and
effective dialogue with all States.
II. Conclusions and/or recommendations
93. The recommendations formulated during the interactive dialogue and listed
below have been examined by the Libyan Arab Jamahiriya and enjoy its support:
93.1. Take necessary measures to accede to CRPD (Oman);
93.2. Adopt and implement a definition of torture consistent with its
obligations under the International Covenant on Civil and Political Rights and
the Convention against Torture and Other Cruel, Inhuman, Degrading
Treatment or Punishment (United States);
93.3. Adopt domestic legislation to absolutely abolish practices of torture on
its territory (United States);
93.4. Step up efforts to consolidate the rule of law and national human rights
protection institutions (Viet Nam);
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93.5. Continue to make further efforts in the promotion and protection of
human rights in accordance with the needs and requirements of Libyan society
(United Arab Emirates);
93.6. Continue its efforts to address the adverse effects of the sanctions
imposed during the 1990s (Sudan)2;
93.7. Continue to implement its voluntary commitments to promote human
rights through its membership in the Human Rights Council, the African Union
and the League of Arab States in order to prevent double standards in dealing
with specific countries and to promote dialogue between nations, instead of
resorting to force or the imposition of coercive measures or using human rights
as a reason to interfere in the internal affairs of States (Sudan);
93.8. Continue its efforts in promoting and protecting human rights and
other fundamental freedoms of the Libyan people (Jordan);
93.9. Continue its efforts in promoting human rights education and national
human rights protection mechanisms (Egypt);
93.10. Continue its positive efforts to increase the culture of the human rights
of the Libyan people (Cuba);
93.11. Continue its efforts to achieve the Millennium Development Goals
(Azerbaijan);
93.12. Take appropriate measures to ensure that all children enjoy all human
rights, without discrimination (Islamic Republic of Iran);
93.13. Consider giving more role to the private sector in developing the
national education and health-care systems (Islamic Republic of Iran);
93.14. Explore the possibility of adopting a national strategy to combat
discrimination against women (Malaysia);
93.15. Continue to improve policies and programmes to advance the status of
women and girls, and to protect children (Myanmar);
93.16. Continue its cooperation with the United Nations special procedures
(Azerbaijan);
93.17. Consider inviting the Special Rapporteur on the right to education and
the Special Rapporteur on the sale of children, child prostitution and child
pornography, within a framework of mutual cooperation, as a constructive step
towards the consolidation of greater protection for this vulnerable group
(Bolivarian Republic of Venezuela);3
93.18. Continue its active cooperation with the United Nations mechanisms
and submit its periodic reports to treaty bodies, as appropriate (Cuba);
93.19. Continue its efforts in cooperating with OHCHR since becoming a
member in the Human Rights Council (Morocco);
2 Recommendation as read during the interactive dialogue: “Continue efforts to face the adverse effects
of the sanctions imposed between 1992 and 1993” (Sudan).
3 Recommendation as read during the interactive dialogue: “Consider inviting the Special Rapporteur
on the right to education, and the Special Rapporteur on trafficking in persons, especially in women
and children; within a framework of mutual cooperation, as a constructive step towards the
consolidation of a greater protection to this vulnerable group” (Bolivarian Republic of Venezuela).
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93.20. Adopt policies and legislation aimed at promoting women’s rights and
combating gender-based discrimination, particularly domestic violence
(Brazil);
93.21. Continue to scale up its efforts to empower women, mainly rural
women (Democratic People’s Republic of Korea);
93.22. Continue its efforts in promoting human rights and gender equality,
and ensure that women can be involved in the labour market (Tunisia);
93.23. Continue the measures to promote women rights, including the
advancement of women’s empowerment (Azerbaijan);
93.24. Continue its efforts to promote women’s role in social and public life,
and protect them from violence (Islamic Republic of Iran);
93.25. Continue the implementation of measures designed to enhance the role
of women in social and political life (Belarus);
93.26. Strengthen measures and policies to promote the active role and
participation of women in the political, social and economic life of the country
(Viet Nam);
93.27. Continue its special efforts to empower women in various areas, in
particular in the labour market (Egypt);
93.28. Step up efforts to enhance the participation of women in all spheres of
socio-economic life, in line with the progress made in education (Bangladesh);
93.29. Continue their efforts in enhancing the role of persons with disabilities
in society (Jordan);
93.30. Continue its efforts towards people with special needs, and ensure that
they are exempted from paying some expenses (Morocco);
93.31. Speed up the adoption of the draft law on exempting disabled children
from transportation costs within and outside cities (Yemen);
93.32. Continue to implement its decision No. 908 of 2007 regarding the
coverage of certain costs for persons with special needs (Kuwait);
93.33. Continue to take practical measures to ensure the effective
participation of women in economic, social and political fields (Pakistan);
93.34. Consider issuing a moratorium on the execution of death penalty
sentences (Mexico);4
93.35. Take the necessary steps to ensure that security forces are subject to
legal oversight and are operating in compliance with international human
rights standards (Canada);
93.36. Take comprehensive measures to eliminate violence against women and
children, in particular by adopting a national strategy to combat violence
against women, as recommended by the Committee on the Elimination of
Discrimination against Women (Thailand);
4 Recommendation as read during the interactive dialogue : “Consider to issue a moratorium on
executions of death penalty sentences; with a view to the abolition of capital punishment; review
provisions to reduce the number of offenses which carry the death penalty, particularly those relating
to the establishment of groups, organizations or associations” (Mexico).
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93.37. Enact legislation that prohibits all forms of human trafficking, increase
law enforcement efforts, and implement standard procedures to identify
victims and provide them with protection (United States);
93.38. Increase efforts to combat human trafficking, in particular by
considering the development of comprehensive national legislation and an
action plan to eradicate human trafficking and protect victims (Belarus);
93.39. Continue developing training methods and educating police, prison
guards and the judiciary in areas of human rights (Egypt);
93.40. Immediately release all individuals detained without a legal basis,
including those that have completed their terms and those acquainted by courts
(Slovakia);
93.41. Comply with international obligations, and ensure full and
unhampered enjoyment of freedom of expression (Czech Republic);
93.42. Abrogate all provisions criminalizing freedom of expression
(Switzerland);
93.43. Provide for free, independent media in accordance with the Libyan
Arab Jamahiriya’s international obligations (Slovakia);
93.44. Promote freedom for trade unions to ensure fair treatment in the event
of labour disputes, especially when they involve migrant workers, and ensure
that all domestic labour laws fully comply with the Covenant on Economic,
Social and Cultural Rights (Thailand);
93.45. Pursue its efforts aimed at improving the standard of living of its
population, taking into consideration the equitable distribution of the fruit of
those efforts among all segments and groups in society and among various
regions (Algeria);
93.46. Continue to work to improve the human and material situation that
resulted from the economic sanctions during the 1990s (Qatar);
93.47. Continue to combat poverty, with due regard for socio-economic and
regional disparities (Myanmar);
93.48. Take additional steps to reduce infant mortality (Belarus);
93.49. Continue to make progress in education and health care, with a
particular focus on women and girls, in order to achieve quality education and
a quality health-care system (Myanmar);
93.50. Continue its efforts to increase job opportunities for educated women
in the Libyan Arab Jamahiriya (Sudan);
93.51. Call on the Libyan Arab Jamahiriya to share with other countries,
including mine, the Sudan, its experience in achieving an adequate standard of
living for low-income families, especially by providing such families with an
investment portfolio (Sudan);
93.52. Take appropriate measures aimed at full access to an improved water
source for the population (Islamic Republic Iran);
93.53. Pursue ongoing action in favour of training for qualified teaching staff,
and provide education opportunities for all segments and social groups in
various regions (Algeria);
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93.54. Improve education materials used in schools for people with special
needs in order to ensure their full integration into society, economically and
socially (Syrian Arab Republic);
93.55. Continue its efforts to further strengthen the education sector
(Democratic People’s Republic of Korea);
93.56. Enhance and improve education, in particular by continuing to work
towards the improvement of education through information technology
(Bahrain);
93.57. Continue its efforts in improving the right to education, especially
education for people with special needs (Saudi Arabia);
93.58. Continue human rights education and awareness-raising programmes
undertaken by governmental and non-governmental organizations to
disseminate a culture of human rights (Saudi Arabia);
93.59. Continue strengthening its successful education policy, in conditions
that ensure access to education with full equality (Bolivarian Republic of
Venezuela);
93.60. Pursue its efforts, in the African context and through cooperation with
concerned European countries, to find collective solutions to address the issue
of illegal migration (Algeria);
93.61. Continue on the path of dialogue with its immediate neighbours and
with the European Union, with a view to ensuring that together they continue
to meet the challenges of migration in the humane and constructive spirit to
which they are all committed (Malta);
93.62. Continue to pursue its several financing mechanisms to address the
root causes of undocumented migration in Africa, and extend the scope of such
programmes beyond Africa, with assistance from the international community
(Bangladesh);
93.63. Ensure that there are no practices that discriminate on the basis of
ethnic or national origin regarding the expulsion of immigrants (Poland);
93.64. Continue granting the necessary humanitarian assistance to migrants
in the Libyan Arab Jamahiriya (Viet Nam);
93.65. Take necessary measures to guarantee that migrant workers are
treated on a non-discriminatory basis (Thailand);
93.66. Continue ongoing efforts to assist countries, with their consent, in
resolving political disputes as well as in improving their developmental
infrastructure (Pakistan).
94. The Libyan Arab Jamahiriya considers that recommendations Nos. 93.2, 93.3,
93.31 and 93.40 above have already been implemented or are in the process of
implementation.
95. The following recommendations will be examined by the Libyan Arab
Jamahiriya, which will provide responses in due course, but no later than the 16th
session of the Human Rights Council, in March 2011. The responses of the Libyan
Arab Jamahiriya to these recommendations will be included in the outcome report
adopted by the Council at its 16th session:
95.1. Accede to international human rights conventions not yet acceded to
(Egypt);
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95.2. Accede to OP-CAT (Iraq);
95.3. Accede to CRPD (Iraq);
95.4. Consider becoming a party to the 1951 Convention relating to the
Status of Refugees and the Protocol thereto (Chad);
95.5. Issue legislation regarding the status of refugees in order to deal with
the refugee situation in the country (Iraq);
95.6. Strive to take the following steps in order to implement the
international human rights conventions to which it is a party: (a) the adoption
of a single written constitution; and (b) an amendment to the penal code to
include provisions on the prohibition of the use of torture (Japan);
95.7. Encourage the national human rights institution to seek accreditation
from the international coordinating committee (Algeria);
95.8. In line with the recommendations of the Committee on the Elimination
of Discrimination against Women, adopt a national plan to eliminate
stereotypes regarding the role of women in society, and speed up the reform
process to guarantee equality between men and women, including with regard
to the transfer of nationality, the custody of children, divorce and inheritance
(Mexico);
95.9. Issue a standing invitation to all special procedures mandate holders
(Brazil);
95.10. Invite to its territory, as a priority, the Working Group on arbitrary
detention and the Special Rapporteur on torture, in particular to investigate
arbitrary detention and the holding in detention of persons who have served
their sentences, as well as torture and ill treatment, and put an end to such
practices (France);
95.11. Allow the Working Group on Arbitrary Detention to visit the country
and to be guaranteed access to all places of detention (Switzerland);
95.12. Allow a visit by the Working Group on Arbitrary Detention, granting
it full access to all detention centres (Slovakia);
95.13. Abolish capital punishment (Mexico);5
95.14. Review provisions to reduce the number of offences that carry the
death penalty, particularly those relating to the establishment of groups,
organizations or associations (Mexico);6
95.15. Establish a moratorium on executions with a view to abolishing the
death penalty (Brazil);
5 Recommendation as read during the interactive dialogue: “Consider to issue a moratorium on
executions of death penalty sentences; with a view to the abolition of capital punishment; review
provisions to reduce the number of offences which carry the death penalty, particularly those relating
to the establishment of groups, organizations or associations” (Mexico).
6 Recommendation as read during the interactive dialogue: “Consider to issue a moratorium on
executions of death penalty sentences; with a view to the abolition of capital punishment; review
provisions to reduce the number of offenses which carry the death penalty, particularly those relating
to the establishment of groups, organizations or associations” (Mexico).
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95.16. Take relevant steps aimed at abolishing the death penalty (Czech
Republic);
95.17. Impose a moratorium on capital punishment and commute existing
death sentences to imprisonment terms, with a view to abolishing capital
punishment entirely (Slovakia);
95.18. Conform to the provisions of article 6 of the International Covenant on
Civil and Political Rights, and move towards a moratorium on executions with
a view to considering the definite abolition of the death penalty (France);
95.19. Commute all existing death sentences and establish a moratorium on
the use of the death penalty as a step towards its abolition, as declared in the
Great Green Charter of Human Rights in the Jamahiriyan Era (United
Kingdom);
95.20. Abolish the death penalty and, in any event, establish a moratorium as
an interim measure towards full abolition (Australia);
95.21. Adopt a moratorium on executions with a view to fully abolishing the
death penalty (Switzerland);
95.22. Ensure independent access by international humanitarian agencies to
assess the well-being of prisoners detained without trial, or in continued
detention following the acquittal or commuting of their sentences (Australia);
95.23. Investigates, in line with international standards, all allegations of
enforced disappearance, torture and ill treatment committed by security forces,
and bring perpetrators to justice and ratifies the OP-CAT (United Kingdom);
95.24. Revoke provisions of the national law enabling the use of corporal
punishment (Czech Republic);
95.25. Abolish corporal punishment, both in law and in practice
(Switzerland);
95.26. Release publicly the findings of the Libyan Government’s investigation
into the Abu Salim prison killings of 1996 (Australia);
95.27. With a view to fostering equality in law and practice, repeal all
discriminatory legislation with regard to marriage, divorce and inheritance
(Canada);
95.28. Ensure respect for the right to a private life, as guaranteed by the
International Covenant on Economic, Social and Cultural Rights, to which the
Libyan Arab Jamahiriya is a State party, by reviewing its national law
criminalizing consensual sexual relations out of wedlock (Czech Republic);
95.29. Repeal laws restricting the formation of a free and independent press,
including Law No. 76 of 1972, Law No. 120 of 1972 and Law No. 75 of 1973
(United States);
95.30. Enhance freedom of expression, association and assembly (Brazil).
96. The recommendations below did not enjoy the support of the Libyan Arab
Jamahiriya:
96.1. Accede to OP-ICESCR and CED (Iraq);
96.2. Investigate all alleged enforced disappearances, and accede to the
International Convention for the Protection of All Persons from Enforced
Disappearance (France);
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96.3. Make declarations under article 14 of the International Convention on
the Elimination of All Forms of Racial Discrimination and article 22 of the
Convention against Torture, to recognize the individual complaints
mechanisms under those treaties (Republic of Korea);
96.4. Consider becoming a party to the 1967 Protocol to the United Nations
Convention relating to the Status of Refugees; adopt asylum legislation; sign a
memorandum of understanding with the United Nations High Commissioner
for Refugees (UNHCR), formalizing the presence of UNHCR in the Libyan
Arab Jamahiriya and allowing UNHCR greater access to detained asylumseekers
and migrants (United States);
96.5. Accede to international refugee protection instruments, adopt national
asylum legislation and appropriate administrative structures, and reach a
formal agreement with UNHCR to establish the agency’s presence and
operations in the country (Canada);
96.6. Amend or repeal legislation that applies the death penalty to nonserious
crimes, as recommended by the Human Rights Committee, including
the exercise of the right to freedom of expression or opinion or the
establishment of groups, organizations or associations based on a political
ideology contrary to the principles of the 1969 revolution (articles 206 and 207
of the Penal Code) (Israel);
96.7. Ensure equality, under the law and in practice, of women, and amend
all discriminatory legal provisions concerning marriage (including polygamy),
male guardianship, child custody, divorce and inheritance, as recommended by
the Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child (Israel);
96.8. Review the assessment regarding the absence of any racial
discrimination within the country, as recommended by the Committee on the
Elimination of Racial Discrimination, and adopt legislation that prohibits racial
discrimination, especially against Black Africans, as well as guarantee that
migrant workers are treated on a non-discriminatory basis, as recommended
by the Committee on Economic, Social and Cultural Rights (Israel);
96.9. Reinforce measures to ensure the full investigation of allegations of
torture, disappearances and arbitrary detention, and that it fully prosecutes
and appropriately punishes persons responsible (Canada);
96.10. Publish a list of all those killed in 1996 at Abu Selim prison, and
provide their families with death certificates stating the place, date and exact
circumstances of death (United Kingdom);
96.11. Respect obligations under ICCPR by freeing persons currently under
administrative detention and by putting an end to arbitrary detention and
torture (Switzerland);
96.12. Consistent with the requirements of fair trial provided for in Libyan
constitutional instruments and relevant international conventions it has signed
and ratified, abolish all special courts and related institutions, including the
State Security Court and Prosecution Office, and abrogate all laws, provisions
and powers related to the People’s Court (Canada);
96.13. Ensure the independence of the judiciary and international standards
of fair trial, including the right to be speedily tried, the right to be informed of
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the charges, the right to an adequate defence, the right to legal counsel of one’s
own choosing, and the right of appeal in front of a higher tribunal (Israel);
96.14. Abolish legal provisions that criminalize the dissemination of
information considered to tarnish the Libyan Arab Jamahiriya’s reputation
abroad, including article 178 of the Libyan Penal Code (United States);
96.15. Review legislation and repeal provisions under which up to life
imprisonment can be imposed for tarnishing the country’s reputation or
undermining confidence in it abroad (Czech Republic);
96.16. Take measures to protect freedom of expression and association, by
pursuing its reforms of the law on the press and of the Penal Code to bring
them into conformity with its fundamental law and international standards, by
putting an end to the restrictions on Internet access, and by allowing the free
establishment of associations (France);
96.17. Promote the creation of an adequate environment for the full
enjoyment of freedom of association, including the creation of labour unions
and organizations independent from government; and initiate a review of the
relevant provisions to ensure that the restrictions on freedom of association are
only those provided for in the Covenant on Civil and Political Rights (Mexico);
96.18. Consider greater provision for the protection of freedom of association,
freedom of speech and rights to judicial appeal, including by aligning all
articles of the Penal Code and other relevant laws with international standards
(Australia);
96.19. Repeal laws which criminalize expression of the rights of freedom of
expression, of association and of assembly, and ensure that individuals detained
for the peaceful exercise of these rights are released (Canada);
96.20. Repeal Law No. 71 of 1972 and relevant articles of the Penal Code that
criminalize free association, and ensure that individuals seeking to establish
associations are spared from any harassment or prosecution (Slovakia);
96.21. Adopt measures aimed at establishing the necessary legal and
administrative institutions to guarantee the rights of migrants and asylum
seekers, particularly the right to due process and respect for the principle of
non-refoulement (Mexico);
96.22. Adopt legislative and administrative regulations that allow immigrants
to file an appeal against forced removal, with suspensive effects, in cases in
which they could be subject to torture or other ill treatment in their countries
of origin (Poland);
96.23. Fully apply the Convention governing the specific aspects of refugee
problems in Africa and respect international refugee law; conclude, as soon as
possible, a headquarters agreement with the United Nations High
Commissioner for Refugees (France);
96.24. Uphold the principle of non-refoulement regarding refugees and
asylum seekers, and protect the human rights of all migrants, irrespective of
their immigration status (Brazil).
97. All conclusions and/or recommendations contained in the present report reflect
the positions of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
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Annex
Composition of the delegation
The delegation of the Libyan Arab Jamahiriya was headed by His Excellency
Abdulati I. Alobidi, Vice-Minister for European Affairs at the Ministry of Foreign Affairs,
and was composed of the following members:
• Mr. Mohamed N.M. Tleba, Head of the National Institute for Human Rights;
• Mr. Elmahdi S.M. Elmajerbi, Director of the International Organizations, Ministry
of Foreign Affairs;
• H.E. Mr. Ibrahim Aldredi, Ambassador, Chargé d’affaires a.i., Permanent Mission
of the Libyan Arab Jamahiriya at Geneva;
• Mr. Sharif Ali Alazhari, Director of the Legal Department, Ministry of Justice;
• Mr. Murad Hamima, Deputy Director of the United Nations Department, Ministry of
Foreign Affairs;
• Mrs. Hasnia Markus, Delegate, Permanent Mission of the Libyan Arab Jamahiriya at
Geneva;
• Mr. Adel Shaltut, Delegate, Permanent Mission of the Libyan Arab Jamahiriya at
Geneva;
• Mr. Abdel Hafid Mohamed Derbi, Delegate;
• Mrs. Fadila Mokhtar Barka, Delegate;
• Mr. Abdelfatah M. Ibrahim, Delegate;
• Abdelsalam, Delegate;
• Mr. Abdussalam M. Esmael Oun, Delegate;
• Mr. Kahlid Ramadam A. Elkhemry, Delegate.
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