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11. Libya GENERAL, POLITICAL AND LEGAL OVERVIEW As the fourth anniversary marking the 17th February Libyan revolution passes, the human rights situation in the country remains dismal. Security is unstable and the country has been divided by a series of political, social and economic crises.
operation. The breakaway members held their first parliamentary session in Tobruk in a clear violation of the Constitution and Libyan law. As political and religious division worsened in 2014, the number of secret prisons increased in various Libyan cities. Ousted Prime Minister, Ali Zeidan, and the GNC watched helplessly as splint groups and proHaftar rebels exercised control and embarked on a far-reaching campaign of abductions, arrests, killings and torture.
On 14th February 2014, the former leader of the Libyan ground forces, Khalifa Haftar, announced in a televised address that he was dissolving the General National Congress (GNC). He fired the Government and suspended the Constitutional Declaration. Three months later, he launched ‘Operation Dignity’, targeted at what he described as terrorist groups. As a result, the leader of the army issued a warrant for his arrest.
The Libyan Government failed to take any effective measures to put an end to human rights violations. The former National Transitional Council issued Law 34/2014, which provided legal protection to those committing human rights violations by classifying acts of murder and torture as necessary steps for the protection of the revolution. The GNC also bestowed legitimacy on militias by offering them money and weapons. Reports suggest that various militia leaders are also members of the GNC.
These actions plunged the country into a civil war. In May 2014, the GNC announced that elections for Libya’s first parliament had been scheduled for 25th June. A new house of representatives was set to take over from the GNC and pave the way for more democratic institutions. However, a few GNC members broke away and announced they were joining Haftar’s
The GNC passed the Political Isolation Law in May 2013. This law is viewed by many as a major challenge to the establishment of a modern state, containing provisions and procedures for exclusion that are too sweeping and vague, according to Human Rights Watch (HRW). The latest version of the draft law published on the congressional website indicates
96 that it would cover anyone who held an official position from September 9, 1969, Gaddafi’s first day in power, until the declared end of the armed conflict that brought his downfall and death on October 23rd, 2011. According to HRW, Article 1 of the draft law lists 23 categories of public positions as well as acts committed under the Gaddafi government, such as showing a “hostile attitude towards the February 17 Revolution”. Under Article 2, anyone who held any of the positions listed under Article 1 or is judged to have failed its other criteria would be banned from assuming 20 categories of official public positions, including ambassadorships and other Foreign Service jobs, educational jobs, members of unions and people assigned by the GNC and the interim government.
HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •
Fair trial, prisons and arbitrary arrest
As a result of the lack of security and consistent physical threats faced by judges, the Libyan Judiciary is unable to guarantee the practice of fair trials to prisoners in Libya. Members of the former regime have been denied fair trial and those acquitted by the Misrata Criminal Court are yet to be released.
Death sentences issued in Misrata during 2014 against prominent figures in the Gaddafi regime were met with harsh criticisms from both local and international organisations due to the absence of a guarantee of fair trial. Armed militias founded on tribal, sectarian, religious or ideological commonalities have spread all over the country. Consequently, each militia has established its own illegal prison and detention centres. Thousands of citizens have been arrested and taken to such locations. The Libyan Ministry of Justice and local and international NGO estimates reveal that some 8,000 Libyans were arrested in 2014 for various reasons related to their loyalties to other militias, their position in the government or for ransom. Militia members reportedly resorted to torture to extract confessions, including electrocution, sleep deprivation and severe physical beatings. Following the failed coup attempt in February 2014, Haftar’s followers established scores of makeshift prisons that operate apart from governmental oversight. Hundreds of people are held in these prisons, with significant numbers coming from Eastern Libya. Special prisons were also documented in al-Bayda and Tobruk. In some cases of arbitrary arrest, detainees have been detained for longer than a year without charge. In rare cases where detainees are fortunate enough to appear before
97 a public prosecutor, they are finally released after prolonged periods of unjustified detainment and torture. Scores have been killed under torture at militia-controlled detention centres. Despite the availability of evidence against those who committed acts of murder and torture, no one has ever been brought to trial.
Social and economic rights •
Women’s rights
Libyan women have been excluded from assuming governmental posts and legal positions. During 2014, no women were appointed judge and only six out of 60 seats were allocated to women in the committee drafting the new constitution. •
Minorities
As minorities, the Toubou, Tuaregs and Berber (Amazigh) constitute an important component of the Libyan social fibre. These groups were greatly marginalised during Gaddafi’s fourdecade rule and their situation has been further aggravated by the revolution. The Amazigh would like their language to be designated as a second official language after Arabic, while more than 3,000 members of the Toubou tribe, who reside in valleys and plains, have been denied official documentation. The Toubou’s attempts to rise against the former regime in 1992
resulted in the revocation of their Libyan citizenship. Gaddafi also considered them too loyal to the deposed king. Following the revolution and the liberation of southern Libya, the Toubou became engaged in fierce conflicts with the Zawya and Suleiman tribes. The Zawya tribe attacked the Toubou neighborhood and the Government failed to intervene. Several women were killed in the assault. Government troops led by Wissam Bin Hameed, were brought in and stationed outside al-Kafra. They began bombing civilians, killing 34 women and children in their homes. In addition to minority groups, there are a huge number of indigenous people who have returned to Libya from neighboring countries but have been denied Libyan citizenship, effectively making it impossible for them to benefit from education, employment and health services. •
Forced displacement
The displacement of Libyans began soon after the revolution. Several cities, villages, tribes and families were classified according to their allegiance to Gaddafi and were blamed for the atrocities committed by him. The residents of many cities were displaced including Sirt, al-Mashashia, al-Qawaleesh and al-Ja’afra. More than 40,000 Libyans were displaced from their homes and hundreds of men
98 were killed after being accused of being loyal to Gadaffi. Armed militias continued to raid refugee camps and attack innocent civilians in many areas. Cases of attack and displacement include the following: 1. On 6th February, al-Janzoor refugee camp was attacked. This resulted in the death of six people. 2. In August, al-Falah refugee camp was attacked with one person killed and five injured. 3. More than 10,000 were forcefully displaced from Zawaiat al-Baqool. 4. The Owainiah region was declared a military zone and all residents were expelled from the area. 5. Thousands have been displaced from Zintan and are prevented from returning. It is estimated that armed conflict has led to the displacement of 400,000 Libyans. Thousands of homes and shops have been looted or burnt down. Many public and private buildings have been destroyed. The displaced are suffering from severe health and educational hardships. Hundreds of thousands of Libyans that have been deemed loyal to Gaddafi have fled to Egypt, Tunisia, Morocco, Algeria and other neighbouring countries. The majority of such refugees have no source of income while many are forced to take on underpaid and overworked labour jobs. It is reported
that a Libyan family was forced to live in a Cairo cemetery because they could not afford to pay rent elsewhere. Some Libyan consulates abroad refused to renew refugees’ passports in an attempt to encourage them to return to Libya, a choice that could expose them to arrest, torture or death.
The right to racial equality •
Illegal immigrants
Hundreds of Africans and Arabs flooded to Libya to take advantage of job opportunities and strategic location. Those whose work permits or visas expired were arrested and detained in warehouses that lack basic and necessary facilities.
The right to freedoms of the press and expression •
Activists and journalists
Workers in civil society institutions have reported an increasing number of threats, forcing many of them to leave the country. Among those killed were Abdulsalam al-Mismari, Anis al-Jahani, Ezzadin al-Qosad and Hamida alAsifer. Attempted murders include Naji Hamad, Mahmoud Isa al-Bara’si, Niveen al-Bah, Hanan al-Moqawab, Ibrahim Abdulhamid, Officer Mohammed alHijazi, Nouraddin Boushiha, Isam alTajori, Hanan al-Nowaisir, Khadiga al-Warfali, Halima al-Shih, Mahmoud al-Firjani and Khadja al-Amami.