County updates – Libya

Latest update: 30 June 2013

The ongoing difficulties for the Libyan government in exerting full control over security is one of the biggest obstacles to stability and the protection of human rights in Libya. Lack of capacity, an under-developed judicial system and limited understanding across the country of the practical application of human rights are all contributing factors in the considerable challenges facing the Libyan authorities. There have been positive developments in the past three months, but progress has been hampered by an increasingly volatile political atmosphere.

During demonstrations in late April, which were designed to apply pressure on the Libyan authorities to pass a new Political Isolation Law, government ministries were besieged and ministry workers prevented from attending their jobs. The Political Isolation Law, if implemented to its fullest extent, could effectively lead to 10,000 – 20,000 civil servants, former Ambassadors and members of the judiciary connected to the Qadhafi regime, being prevented from participating fully in political life. This could have long term implications for national cohesion and reconciliation.

There remain issues around detention facilities, with concerns about the conditions of some detention facilities and the treatment of detainees remaining unaddressed. Efforts by the Libyan government to bring all detention facilities under state control continue, and the Minister of Justice has publicly stated the Libyan government’s commitment to ensuring all detainees’ human rights are respected, and that detention centres operate according to international standards. However, overcrowding, lack of food and medical supplies and allegations of mistreatment and torture persist. Ministers have argued that these concerns apply, in the main, to militia-controlled detention centres, but reports are still being received of mistreatment also occurring in state-run detention centres. The passing of a new Law against Discrimination and Torture on 9 April was a positive step towards addressing issues of mistreatment, but full implementation of the law will be critical.

The Law against Discrimination and Torture will also have positive implications for the treatment of minority groups in Libya, including religious groups. Freedom of religion in Libya remains a concern, but the release on 13 April of Coptic Christians being held in detention on charges of proselytism was a welcome development. It will now be for the Libyan authorities to ensure that minority rights are enshrined in a new national constitution.

Reports of harassment of journalists by militia groups also continue. While the Libyan government has made encouraging statements on the importance of promoting freedom of expression, its ability to protect journalists from harassment and intimidation is constrained by its relative lack of control over security in general. There is also a cultural mindset, instilled by 42 years of misrule by Qadhafi, which needs changing. Journalists are unused to being able to report freely, and a high degree of self-censorship persists. A regulatory and legal framework for the media sector, outlining clearly what it can and cannot do, remains absent, but there has been a positive flourishing of media outlets and social networking in Libya.

Further Information

Read and comment on the country of concern – Libya

Read and comment on the Human Rights and Democracy Report 2012 in full