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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORTS OF LIBYA
03 March 2004
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Committee on the Elimination
of Racial Discrimination 3 March 2004
The Committee on the Elimination of Racial Discrimination has considered the fifteenth to seventeenth periodic reports of Libya on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Presenting the reports was Mahmud Abuseif, a representative from the United Nations Department in the General People’s Committee for Foreign Liaisons and International Cooperation in Libya, who said that the International Convention was based on the laws of dignity and equality for all human beings and reflected the basic principles of the Universal Declaration of Human Rights. He stated that Libya had been a pioneer in the fight against all forms of discrimination.
In the course of the discussion, which was held over two meetings, the issues of the Berber population in Libya, migrant workers and Libya’s assertion that no racial discrimination existed in the country were addressed, among other subjects.
The Committee will present its final recommendations on the reports of Libya before the end of its session which concludes on 12 March. In preliminary remarks, the Rapporteur for the reports, Committee Expert Raghavan Vasudevan Pillai, asked what remedies were available to the victims of racial discrimination and what punishment was handed down to those accused of committing acts of racial discrimination. He also requested that the delegation look into the various dimensions of racial discrimination in view of their comments that it did not exist in the country.
The delegation of Libya also included Giumah Mohamed Jbel, a representative of the Law Department in the General People’s Committee for Foreign Liaisons and International Cooperation, and Abdulhakim Hassan Abuhameida, Director of the Law Department in the General People’s Committee of Security and Justice.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its review of the fourteenth to sixteenth periodic reports submitted by Lebanon.
Reports of Libya
The fifteenth to seventeenth periodic reports of Libya (CERD/C/431/Add.5) state that Libyans are all of common racial origin and all profess Islam and speak Arabic. According to a 1995 consensus, the population of Libya has more than quadrupled in less than 40 years. It estimates that by 2002, the total population will have reached over 5.4 million. The consensus also estimates that the total number of non-Libyans who came to live and work in Libya by 1995 accounted for 8.5 per cent of the population, or nearly 410,000. However, the actual number of non-Libyans living in the country may exceed this figure, since there are large numbers of non-Libyans who are not permanent residents but who enter the country for short periods of time. Moreover, there are those who enter the country at places other than official ports of entry and live in Libya illegally, the reports state.
Migrant workers who come into Libya legally or with valid entry visas enjoy all the rights afforded to their Libyan counterparts, including health insurance, social security and the right to education for their children. Migrants who enter the country illegally or enter the country legally but do not have the right to work or reside therein, are subject to the legislation regulating the residence of aliens. This cannot be regarded as a form of xenophobia or bigotry against foreigners, nor can it be characterized as a political or racist issue.
The reports state categorically that there is no racial discrimination of any kind in Libya. There are no religious or ethnic communities that are defined by their religion, race, language, gender, colour or political affiliations, these being essential elements in the appearance of the phenomenon of racial discrimination. The report goes on to say that the fact that all Libyan citizens share a common origin, religion and language has undoubtedly been a determining factor in the absence of racial discrimination in the country.
Presentation of Reports
MAHMUD ABUSEIF, a representative from the United Nations Department in the General People’s Committee for Foreign Liaisons and International Cooperation in Libya, said that Libya had ratified all instruments and covenants in the area of human rights and played an active role in the Durban Conference on Racism. The International Convention on the Elimination of All Forms of Racial Discrimination was based on the laws of dignity and equality for all human beings and reflected the basic principles of the Universal Declaration of Human Rights. Libya had been a pioneer in the fight against all forms of discrimination.
Discussion
RAGHAVAN VASUDEVAN PILLAI , the Committee Expert who served as Rapporteur for the reports of Libya, said, among other things, that the present report was a major improvement over previous ones and was a clear example of how the dialogue between the Committee and the State party could be useful to the work of the Committee. Libya had ratified six major international conventions and was on its way to ratifying the seventh. The Rapporteur said it was doubtful that Libya, or any State party for that matter, could rightfully declare that no discrimination existed in its country as stated in the report. This assertion was made by other Committee Experts as well. He asked for information on rules of deportation for migrants and whether the victims of the September 2000 events had been compensated.
Mr. Pillai mentioned the report of the Special Rapporteur on racism which referred to the incidents in Libya in September 2000 during which a large number of black persons were forcefully deported from Libya and many were assaulted. In this context, he said it was necessary for the delegation to provide detailed information on demographics, including on non-nationals living in Libya. A committee should be created to look into the events which took place in September 2000 and the delegation should update the Committee on the latest measures which were referred to in the Special Rapporteur’s report.
Mr. Pillai asked for information on acts of discrimination committed against migrant workers and for information on the way Libya had addressed the concerns raised by ILO experts which had a bearing on the Committee. The Special Rapporteur complemented Libya for its progressive legislation with regard to women and the rights of the child.
Other Committee Experts recommended that Libya address the problem of undocumented migrants and slavery and provide information on the process by which the State party ratified international treaties. They also requested additional information on migrant workers in general and specifically on the Berber people with respect to their language, culture and practice of religion. An Expert made reference to the Tamazigh Association which worked with the Berbers.
An Expert asked what specific functions the People’s Court of Libya had and if there were any specific examples of cases on discrimination that had been brought before it. Another Expert expressed concern that there was no specific legislation against racism, adding that there was a need for specific provisions that made these acts punishable. He also said that Libya should adopt appropriate legislation to prevent acts of racism that might occur in the country.
With regard to Libya’s assertion that no discrimination existed in the country, an Expert asked whether there were any studies or research conducted that provided information that formed the basis of this assertion. He also asked whether there were any mechanisms in the country that could record any cases of discrimination with respect to hate crimes and bias crimes, in particular.
Concerning the many illegal immigrants expelled from Libya, an Expert requested information on how they were treated before they were expelled. What was the proportion of non-Muslims to Muslims serving in public offices. He also asked for statistics on the non-Libyans in the country, where they came from and whether they had tried to obtain Libyan citizenship.
Another Committee Expert asked if Libya had signed the 1951 Convention on Refugees and for information on what standards and practices were being applied with respect to the thousands of Somali and Palestinian refugees in the country and whether Libya was cooperating with the United Nations High Commissioner for Refugees in that regard. He also expressed satisfaction that Libya had taken steps to ratify the amendment to article 8 of the Convention.
In response to the questions and comments posed by Committee Experts, the delegation said the Constitutional Declaration adopted in 1969 included a number of fundamental rights and freedoms including the right to equality, litigation and the right to work which was universal for all Libyans. The delegation reiterated that racial discrimination in any form did not exist in Libya.
With regard to the questions on the Berbers, the delegation said that the acceptable history books in use in Libya provided evidence and proof that the Berbers came from Arabic stock and had migrated to the north of Africa before the emergence of Islam. Most of the words they used in their language had Arabic roots and in numerical terms they represented a very small portion of the total population in Libya. No one said there was a Berber minority because Libyan society was integrated as a homogenous society. On the question of the absence of schools for education in the Berber dialect, none of the Berbers had asked for such schools to be established. The Berber language was made up of a local dialect which was used amongst the Berber. The situation that applied to the Berbers also applied to the Touaregs who lived in the southern part of Libya. In response to several additional questions posed by the Committee, the delegation explained that Libya was based on a tribal system and that the 20 to 30 tribes were scattered throughout the country, including the Berbers.
On the subject of migrant workers, the delegation said that they benefited from all the rights enjoyed by Libyan nationals including to own property. Libya had entered into a series of provisions and bilateral agreements with African, Arab and European countries whereby the rights of migrant workers were established. Any abuse of these persons by authorities or those responsible for the administration of the law was a violation of the law. Nevertheless, many cases of complaints had been filed against security forces and they were currently being considered before the People’s Court. In response to a related question, the delegation stated that the Libyan civil code included a number of provisions for non-Muslims including on the issue of inheritance. Similarly, an Expert asked whether the text of the International Convention on the Elimination of All Forms of Racial Discrimination was available in Arabic to the migrant population in Libya to which the delegation responded that it had been distributed in Arabic through the Code of Procedures and Legislative Acts.
In response to a question on the recommendation by the Committee on the rights of child and education, the delegation said that in 1997, Libya had introduced the subject of human rights and the combat of torture in the school curriculum and training courses had been introduced to train members of the judiciary on these issues.
With regard to the affirmation of Libya that racial discrimination did not exist, an Expert asked whether it was reasonable to presume that in the future not even a single case of discrimination would arise given the population of over 400,000 foreigners in the country and when and if cases arose how would they be redressed. The delegation reaffirmed that systematically there were no cases of racial discrimination in Libya although there may be sporadic cases between tribes.
An Expert mentioned once again the report of the Special Raporteur on the incidents in September 2000 and if the delegation could share more information on the measures adopted by the country, in particular with regard to the proposed establishment of a committee by the Government. The delegation said they would subsequently provide detailed information in their next report to the Committee.
In closing, the Libyan delegation said Libya greatly valued all the work of the Committee and sought to establish a relationship of continuity and cooperation with it. It was there hoped that the Committee was aware of all the activities that the Libyan Government had undertaken to uphold human rights. The Qadafi Human Rights Award was created in 1989 and was bestowed to those who had exemplified the values of human rights; recipients of the award included Nelson Mandela. He also mentioned the establishment of a centre to combat HIV/AIDS and its spread in Africa.
Preliminary Remarks
RAGHAVAN VASUDEVAN PILLAI , the Committee Expert who served as Rapporteur for the reports of Libya, asked what remedies were available to the victims of racial discrimination and what punishment was handed down to those accused of racial discrimination. He also requested that the delegation look into the various dimensions of racial discrimination in view of their comments that it did not exist. He noted that the delegation referred to sporadic incidents of racial discrimination and that the Committee did not only look into systemic incidents of racial discrimination but also sporadic incidents. The Rapporteur finally reiterated the request for more information on the steps taken by Libya to implement measures with regard to the incidents of September 2000.
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of Racial Discrimination 3 March 2004
The Committee on the Elimination of Racial Discrimination has considered the fifteenth to seventeenth periodic reports of Libya on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Presenting the reports was Mahmud Abuseif, a representative from the United Nations Department in the General People’s Committee for Foreign Liaisons and International Cooperation in Libya, who said that the International Convention was based on the laws of dignity and equality for all human beings and reflected the basic principles of the Universal Declaration of Human Rights. He stated that Libya had been a pioneer in the fight against all forms of discrimination.
In the course of the discussion, which was held over two meetings, the issues of the Berber population in Libya, migrant workers and Libya’s assertion that no racial discrimination existed in the country were addressed, among other subjects.
The Committee will present its final recommendations on the reports of Libya before the end of its session which concludes on 12 March. In preliminary remarks, the Rapporteur for the reports, Committee Expert Raghavan Vasudevan Pillai, asked what remedies were available to the victims of racial discrimination and what punishment was handed down to those accused of committing acts of racial discrimination. He also requested that the delegation look into the various dimensions of racial discrimination in view of their comments that it did not exist in the country.
The delegation of Libya also included Giumah Mohamed Jbel, a representative of the Law Department in the General People’s Committee for Foreign Liaisons and International Cooperation, and Abdulhakim Hassan Abuhameida, Director of the Law Department in the General People’s Committee of Security and Justice.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its review of the fourteenth to sixteenth periodic reports submitted by Lebanon.
Reports of Libya
The fifteenth to seventeenth periodic reports of Libya (CERD/C/431/Add.5) state that Libyans are all of common racial origin and all profess Islam and speak Arabic. According to a 1995 consensus, the population of Libya has more than quadrupled in less than 40 years. It estimates that by 2002, the total population will have reached over 5.4 million. The consensus also estimates that the total number of non-Libyans who came to live and work in Libya by 1995 accounted for 8.5 per cent of the population, or nearly 410,000. However, the actual number of non-Libyans living in the country may exceed this figure, since there are large numbers of non-Libyans who are not permanent residents but who enter the country for short periods of time. Moreover, there are those who enter the country at places other than official ports of entry and live in Libya illegally, the reports state.
Migrant workers who come into Libya legally or with valid entry visas enjoy all the rights afforded to their Libyan counterparts, including health insurance, social security and the right to education for their children. Migrants who enter the country illegally or enter the country legally but do not have the right to work or reside therein, are subject to the legislation regulating the residence of aliens. This cannot be regarded as a form of xenophobia or bigotry against foreigners, nor can it be characterized as a political or racist issue.
The reports state categorically that there is no racial discrimination of any kind in Libya. There are no religious or ethnic communities that are defined by their religion, race, language, gender, colour or political affiliations, these being essential elements in the appearance of the phenomenon of racial discrimination. The report goes on to say that the fact that all Libyan citizens share a common origin, religion and language has undoubtedly been a determining factor in the absence of racial discrimination in the country.
Presentation of Reports
MAHMUD ABUSEIF, a representative from the United Nations Department in the General People’s Committee for Foreign Liaisons and International Cooperation in Libya, said that Libya had ratified all instruments and covenants in the area of human rights and played an active role in the Durban Conference on Racism. The International Convention on the Elimination of All Forms of Racial Discrimination was based on the laws of dignity and equality for all human beings and reflected the basic principles of the Universal Declaration of Human Rights. Libya had been a pioneer in the fight against all forms of discrimination.
Discussion
RAGHAVAN VASUDEVAN PILLAI , the Committee Expert who served as Rapporteur for the reports of Libya, said, among other things, that the present report was a major improvement over previous ones and was a clear example of how the dialogue between the Committee and the State party could be useful to the work of the Committee. Libya had ratified six major international conventions and was on its way to ratifying the seventh. The Rapporteur said it was doubtful that Libya, or any State party for that matter, could rightfully declare that no discrimination existed in its country as stated in the report. This assertion was made by other Committee Experts as well. He asked for information on rules of deportation for migrants and whether the victims of the September 2000 events had been compensated.
Mr. Pillai mentioned the report of the Special Rapporteur on racism which referred to the incidents in Libya in September 2000 during which a large number of black persons were forcefully deported from Libya and many were assaulted. In this context, he said it was necessary for the delegation to provide detailed information on demographics, including on non-nationals living in Libya. A committee should be created to look into the events which took place in September 2000 and the delegation should update the Committee on the latest measures which were referred to in the Special Rapporteur’s report.
Mr. Pillai asked for information on acts of discrimination committed against migrant workers and for information on the way Libya had addressed the concerns raised by ILO experts which had a bearing on the Committee. The Special Rapporteur complemented Libya for its progressive legislation with regard to women and the rights of the child.
Other Committee Experts recommended that Libya address the problem of undocumented migrants and slavery and provide information on the process by which the State party ratified international treaties. They also requested additional information on migrant workers in general and specifically on the Berber people with respect to their language, culture and practice of religion. An Expert made reference to the Tamazigh Association which worked with the Berbers.
An Expert asked what specific functions the People’s Court of Libya had and if there were any specific examples of cases on discrimination that had been brought before it. Another Expert expressed concern that there was no specific legislation against racism, adding that there was a need for specific provisions that made these acts punishable. He also said that Libya should adopt appropriate legislation to prevent acts of racism that might occur in the country.
With regard to Libya’s assertion that no discrimination existed in the country, an Expert asked whether there were any studies or research conducted that provided information that formed the basis of this assertion. He also asked whether there were any mechanisms in the country that could record any cases of discrimination with respect to hate crimes and bias crimes, in particular.
Concerning the many illegal immigrants expelled from Libya, an Expert requested information on how they were treated before they were expelled. What was the proportion of non-Muslims to Muslims serving in public offices. He also asked for statistics on the non-Libyans in the country, where they came from and whether they had tried to obtain Libyan citizenship.
Another Committee Expert asked if Libya had signed the 1951 Convention on Refugees and for information on what standards and practices were being applied with respect to the thousands of Somali and Palestinian refugees in the country and whether Libya was cooperating with the United Nations High Commissioner for Refugees in that regard. He also expressed satisfaction that Libya had taken steps to ratify the amendment to article 8 of the Convention.
In response to the questions and comments posed by Committee Experts, the delegation said the Constitutional Declaration adopted in 1969 included a number of fundamental rights and freedoms including the right to equality, litigation and the right to work which was universal for all Libyans. The delegation reiterated that racial discrimination in any form did not exist in Libya.
With regard to the questions on the Berbers, the delegation said that the acceptable history books in use in Libya provided evidence and proof that the Berbers came from Arabic stock and had migrated to the north of Africa before the emergence of Islam. Most of the words they used in their language had Arabic roots and in numerical terms they represented a very small portion of the total population in Libya. No one said there was a Berber minority because Libyan society was integrated as a homogenous society. On the question of the absence of schools for education in the Berber dialect, none of the Berbers had asked for such schools to be established. The Berber language was made up of a local dialect which was used amongst the Berber. The situation that applied to the Berbers also applied to the Touaregs who lived in the southern part of Libya. In response to several additional questions posed by the Committee, the delegation explained that Libya was based on a tribal system and that the 20 to 30 tribes were scattered throughout the country, including the Berbers.
On the subject of migrant workers, the delegation said that they benefited from all the rights enjoyed by Libyan nationals including to own property. Libya had entered into a series of provisions and bilateral agreements with African, Arab and European countries whereby the rights of migrant workers were established. Any abuse of these persons by authorities or those responsible for the administration of the law was a violation of the law. Nevertheless, many cases of complaints had been filed against security forces and they were currently being considered before the People’s Court. In response to a related question, the delegation stated that the Libyan civil code included a number of provisions for non-Muslims including on the issue of inheritance. Similarly, an Expert asked whether the text of the International Convention on the Elimination of All Forms of Racial Discrimination was available in Arabic to the migrant population in Libya to which the delegation responded that it had been distributed in Arabic through the Code of Procedures and Legislative Acts.
In response to a question on the recommendation by the Committee on the rights of child and education, the delegation said that in 1997, Libya had introduced the subject of human rights and the combat of torture in the school curriculum and training courses had been introduced to train members of the judiciary on these issues.
With regard to the affirmation of Libya that racial discrimination did not exist, an Expert asked whether it was reasonable to presume that in the future not even a single case of discrimination would arise given the population of over 400,000 foreigners in the country and when and if cases arose how would they be redressed. The delegation reaffirmed that systematically there were no cases of racial discrimination in Libya although there may be sporadic cases between tribes.
An Expert mentioned once again the report of the Special Raporteur on the incidents in September 2000 and if the delegation could share more information on the measures adopted by the country, in particular with regard to the proposed establishment of a committee by the Government. The delegation said they would subsequently provide detailed information in their next report to the Committee.
In closing, the Libyan delegation said Libya greatly valued all the work of the Committee and sought to establish a relationship of continuity and cooperation with it. It was there hoped that the Committee was aware of all the activities that the Libyan Government had undertaken to uphold human rights. The Qadafi Human Rights Award was created in 1989 and was bestowed to those who had exemplified the values of human rights; recipients of the award included Nelson Mandela. He also mentioned the establishment of a centre to combat HIV/AIDS and its spread in Africa.
Preliminary Remarks
RAGHAVAN VASUDEVAN PILLAI , the Committee Expert who served as Rapporteur for the reports of Libya, asked what remedies were available to the victims of racial discrimination and what punishment was handed down to those accused of racial discrimination. He also requested that the delegation look into the various dimensions of racial discrimination in view of their comments that it did not exist. He noted that the delegation referred to sporadic incidents of racial discrimination and that the Committee did not only look into systemic incidents of racial discrimination but also sporadic incidents. The Rapporteur finally reiterated the request for more information on the steps taken by Libya to implement measures with regard to the incidents of September 2000.
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