COMMITTEE ON RIGHTS OF CHILD CONTINUES CONSIDERATION OF REPORT PRESENTED BY THE LIBYAN ARAB JAMAHIRIYA

Afternoon
HR/CRC/98/5
8 January 1998


The Committee on the Rights of the Child this afternoon continued its
consideration of a report presented by the Libyan Arab Jamahiriya on how that
country implements the provisions of the Convention on the Rights of the Child.

The delegation of the Libyan Arab Jamahiriya said that Libyan women did not
suffer from any discrimination and enjoyed their full rights. Women played a
central role in the family and participated in political decision making.

Concerning the use of the term "illegitimate" for children born out of wedlock,
the delegation said that it would forward to Libyan authorities the Committee's
concern about this issue which an expert said was against the spirit and letter of
the Convention.

A number of the Committee's 10 independent human rights experts raised
further questions on nationality, corporal punishment and other issues and the
delegation responded to them.

The Committee will continue consideration of the report of the Libyan Arab
Jamahiriya at 10 a.m. on Friday, 9 January 1998.

Discussion

In response to questions raised by Committee members in the morning session,
the delegation of the Libyan Arab Jamahiriya said that women in Libya, in
accordance with Islamic Sharia, fully enjoyed all rights and there was no
discrimination against them.

The delegation said that within the traditional family in Libya, the woman was
the focus of the family and supervised all its aspects. Women also attended
general congresses and participated in political decision making. Women
occupied high-ranking posts in all sectors and there were also women
associations and organizations. There were no organizations to defend women's
rights because women did not suffer from any discrimination.

Libyan legislation gave women an advanced position, the delegation added. The
majority of the resolutions reached by the Beijing Conference were already
implemented in Libya. Many subjects that were discussed at the Conference,
like discrimination in salaries of men and women in equal posts, did not affect
Libyan society which had laws protecting against this.

There was a law passed in 1991 concerning increased freedoms which ensured
that both men and women in Libya were free and equal in all rights, including
political rights.

On how to implement the provisions of the Convention through education, the
delegation said Libya had created children's congresses so that they could learn
to express their opinions. The Convention had been printed in booklets and
would be distributed to teachers to be taught under certain subjects. Seminars
were also conducted to familiarize teachers with the Convention.

The delegation said that the traditional family used to mean the extended family
where the men made all the decisions. This traditional family existed in all
developing societies, but it was changing. It had changed in Libya, with women
playing a larger role both in the family and society. This change took place as a
result of education which was extensive and covered all sectors of society. Fifty
per cent of males and 40 per cent of females were now educated. The mass
media had also contributed to this change in the traditional family which
improved the well-being of women and children in Libya.

The right to life was a recognized right in Libya and was sacred and guaranteed
by Libyan laws, a delegate said. Children participated in symposiums and
seminars organized by schools and discussed all questions concerning their
education. The traditional conservative family did not spoil children but gave
them love, affection and support. Children expressed their desires and opinions
within the family and in society.

The delegation said there was no discrimination against children born out of
wedlock which was a rare occurance in Libyan society. In these few cases,
children were given to foster families and they were given all their rights.

Committee experts asked, among other things, whether under Libyan legislation
and in practise, there was an obligation to hear the opinion of the child in
procedures affecting them like cases of custody, early marriages and expulsion
from school. While many cultures cherished children, they were expected to
respect their elders and not to express contradicting views with them. The
experts asked where Libya stood on this issue. One expert repeated that the
use of the term "illegitimate" in reference to children born out of wedlock was
contrary to the Convention, and asked if it was used in Libya. An expert said
that even if legislation provided for the full enjoyment of all civil rights and
freedoms reflected in the Convention, this was no guarantee that they would not
be violated. He asked what specific remedies existed to handle such violations,
and how they could be sanctioned. Although corporal punishment was
forbidden in Libya within the family and in school, an expert asked who children
could complain to in cases of violations. Another expert asked about how
Libyan inheritance laws treated women. The delegation said that the opinion of
children under the age of 18 was taken if they were to be married as no one
could be married by force. Concerning corporal punishment, the delegation said
that the civil legislation in Libya provided for punishment of those who
committed an aggression against a child. A child whose parents hit him could
complain to the police authorities or to special offices at schools. If a crime was
committed against a child, the perpetrator was tried in court in accordance to
the Criminal Code. Punishment was in accordance with the severity of the
crime.

With regards to nationality, the delegation said that legislation did not give
Libyan nationality in accordance with birth. A person who was born in Libya
and lived there a certain number of years could be naturalized. If the father was
Libyan in a mixed marriage, the children were automatically given Libyan
nationality. But that was not the situation if the mother was Libyan. The High
Committee for Child Welfare had a programme with the British Government to
arrange for visits between children of failed mixed marriages and their parents.

The delegation said that Libya was an Eastern and Islamic society. Parents in
both rural and urban areas were changing and no longer preferred sons to
daughters. From the legal point of view, there was no difference between boys
and girls.

The Libyan delegation acknowledged that the term "illegitimate" was used to
describe children born out of wedlock. It said it would transmit the Committee's
concerns on this subject to the Libyan authorities, and stressed that all
"illegitimate" children received their full rights.

Committee experts asked what were the future implications for a girl who was
raped and whether arrangements existed to rehabilitate such victims.
Concerning the family environment, incest and domestic violence, the experts
said that simply having legislation which banned these crimes did not stop such
occurances. They asked how such incidents were treated in Libya and what
actions were taken by the society to deal with them. An expert also noted that
there was legal discrimination against Libyan women who married foreigners
because they could not give their children Libyan nationality like Libyan men.

The delegation said that as far as nationality was concerned, there were
different rules worldwide affecting this issue. In Libya, nationality was granted if
the father was Libyan. If the mother was Libyan and the father was a foreigner,
in accordance with international law, the nationality of the children would be
that of the father.

Concerning inheritance, the delegation said it was governed according to
Islamic Sharia. It said domestic violence, incest and rape were wide spread
phenomenon and Libya was no exception. When a case went to court, it was
taken very seriously and the punishment was deterrent. The delegation also said
that rapes were very rare in Libyan society. A Committee expert asked about
the freedom of expression for Libyan children and about the protection of
privacy of children. Other experts asked for further information on family
planning, female genital mutilation, polygamy, and health issues. The delegation
was expected to respond to these queries Friday morning.