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HUMAN RIGHTS COMMITTEE REVIEWS CIVIL AND POLITICAL RIGHTS IN LIBYA
27 October 1998
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MORNING
HR/CT/98/37
27 October 1998
The Government of the Libyan Arab Jamahiriya this morning presented its third periodic report to the Human Rights Committee on its efforts to implement the provisions of the International Covenant on Civil and Political Rights.
Said Hafyana, Head of the People's Prosecution Office of the Libyan Arab Jamahiriya and Head of the delegation, said that Libyan legislative and social systems had always stressed equity, justice and peace within the society. Religious and social differences should not lead to confrontations and the process of globalization should not ignore the diversity of societies in various corners of the world, he said.
Committee members raised questions on such issues as allegations of murders committed by Libyan security agents outside Libya; claims that persons were detained for up to 15 years without being charged; the status of women before marriage; the practice of female genital mutilation; and persistence of the practice of flogging, among other things.
The Libyan delegation also includes Najib Tleba, Head of the Human Rights Office at the General People's Committee for Justice; Najat Al-Hajjaji, Chargé d'affaires at the Permanent Mission of the Libyan Arab Jamahiriya in Geneva; and Nazik Shaweish of the General People's Committee for Foreign Liaisons and International Cooperation.
Libya is one of 140 States parties to the Covenant and it is obligated to submit periodic reports to the Committee on its efforts in implementing the treaty.
The Committee will reconvene at 3 p.m. to conclude its consideration of the Libyan report and issue preliminary observations.
Report of Libyan Arab Jamahiriya
The third periodic report of the Government of the Libyan Arab Jamahiriya (document CCPR/C/102/Add.1) enumerates the legal, administrative and judicial framework within which the provisions of the International Covenant on Civil and Political Rights are put into effect. In the present report, the Government has endeavoured to give a clearer and more precise idea of Libyan legislation and of the framework that it provides for the application of the provisions of the Covenant, says the report.
Furthermore, the report affirms that there is no inconsistency between the provisions of the Covenant and Libyan legislation such as the Great Green Document on Human Rights. Any provisions contained in the Covenant for which there is not corresponding domestic legislation is binding to the country' judiciary.
According to the report, the political system in the Libyan Arab Jamahiriya is based on direct popular democracy in which the masses play their political, economic and social role and take decisions concerning various aspects of public and private life. The concept of direct popular democracy is based on the twin pillars of people's congresses and people's committees. The people's congresses embody the sovereign decision-making authority while executive authority is exercised by the people's committees.
The report says that under the system of the people's authority, the members of the judiciary enjoy absolute immunity in the discharge of their duties, in accordance with the principle of the independence of the judiciary. Judges are selected from among candidates holding university degrees in law, or in secular and Shari'a law in the case of the personal status courts.
Presentation of Report
SAID HAFYANA, Head of the People's Prosecution Office of the Libyan Arab Jamahiriya, said the report submitted by the Government to the Committee included a general view of the situation in the country, the origin of the population, and the legal instruments that permitted the implementation of the Covenant.
Mr. Hafyana assured the Committee that local provisions were not in conflict with the provisions of the Covenant. Not only was the Government endeavouring to make domestic legislation compatible with the Covenant, but it ensured that legislation was not in conflict with other international instruments as well.
The Libyan legislative and social systems had always stressed equity, justice and peace within the society, the delegate said. Religious and social differences should not lead to confrontation and the process of globalization should not ignore the diversity of societies in various corners of the world.
Furthermore, Mr. Hafyana emphasized that some parties considered others had not reached the degree of maturity to decide their own destiny. However, nations should decide their own destiny without any imposition and interference from outside. Libya believed that any system should be able to guarantee equality, justice and peace to the people under its jurisdiction.
Consideration of Report
In response to the written questions prepared by Committee members in advance, the Libyan delegation said that the country's Supreme Court was the highest judicial authority and heard appeals brought before it in connection with civil, criminal, administrative and personal status judgements handed down by the courts. The new draft Constitution empowered the Supreme Court to rule on the constitutionality of legislation and on any other matters relating to the interpretation of the Constitution.
The delegation said that the people as a whole took decisions through the people's congresses. The people also elected the people's committees, which were the instruments responsible for the implementation of the decisions taken by the people's congresses, to which they were answerable.
Legislative provisions which did not conform with the Great Green Document were considered to be null and void, declared the delegation. Any court could invoke both provisions of the Great Green Document and the Covenant.
On the question regarding complaints about disappearances and extra-judicial executions, the delegation said that there had been no such cases in the country since the submission of the report. A report of extra-judicial executions presented by Amnesty International in connection to a "rebellion" was untrue. Of course, there had been an incident in one place outside the capital, but a judicial investigation had been carried out and the persons involved were later acquitted because they proved their innocence.
The Libyan delegation was asked if there were any complaints of torture or cruel, inhuman or degrading treatment or punishment of persons deprived of their liberties. The delegation said that there were no such cases presented to the competent authorities. In the event of maltreatment within the detention centres, detainees had the right to make complaints which were transmitted to the Office of the Prosecutor.
In court proceedings, fair trial was strictly observed by the judges, the delegation said. Libyan judges were independent and their judgements were not questioned by any other Governmental organ. However, any judgement by the highest courts could be appealed to the Supreme Court, the delegation said. The Secretary of Justice, who headed the General People's Committee for Justice which appointed judges, had no role or authority over the judges.
Regarding the practice of the death penalty, the delegation said that capital punishment was still carried out on persons whose lives endangered or corrupted society. It was also applied to "economic crimes". In addition, the death penalty could be applied against persons found guilty of threatening public security and the armed forces. Failure to defend the country from foreign attack, spying for the enemy by receiving foreign money, and divulging State secrets could lead to the death penalty.
The delegation emphasized that since Libya survived on it oil resources, any attempt to destroy or carry out subversive activities against its vital oil installations was considered an economic crime. Consequently, the legislation permitted that the death penalty be pronounced on such individuals. In cases of murder, the traditional practice of blood-money payment could alter the situation of the death penalty. Nevertheless, there was a public debate going on in the country to abolish or limit the practice of the death penalty.
The practice of amputations as punishment for criminals was not used in the Libyan society, the delegation said, adding that the punishment was there only as a deterrent. Floggings were still practised in relation to the consumption of alcoholic drinks. The use of floggings was not as harsh as one could imagine; it was light and it was part of the Islamic Shari'a laws.
On the rights of foreigners living in Libya, the delegation said that there were more that 90 different nationalities working in the country with their full rights respected by the authorities. However, Libya had suffered from infiltration by foreigners because of its large and open frontiers. As in all other countries of the world, foreigners were obligated to obtain a valid visa on a valid passport or travel document. A foreigner who had been permitted to enter and reside in Libya for a specified purpose was not allowed to do so for any other purpose without permission from the Director of the Passport and Nationality Department, added the delegation.
A foreigner could be expelled if he or she entered the country without a valid visa, the Libyan delegation affirmed. In addition, on the expiration of the residence permit, it could be withdrawn on the basis of threats to public security and the individual could be expelled.
The delegation said that women could carry out any kind of work, including participation in the grass-root positions of the political system. At higher positions, women held ministerial and diplomatic posts. They were also equally represented in all spheres of society. In 1996, the number of women working outside their homes had increased by 25 per cent. That clearly showed that women in Libya were benefiting from their status of equality in the society.
Following the delegation's responses to the written questions, Committee members posed additional oral queries. An expert said that the embargo imposed by the Security Council in 1992 continued to hamper the development of Libya and had created obstacles to the implementation of the Covenant. Although the report did not mention anything pertaining to the impediments faced in the implementation of the provisions of the Covenant, the delegation was requested to comment on the issue.
Furthermore, Committee members raised questions on such issues as allegations of murders committed outside Libya by Libyan security agents; on claims of persons detained for up to 15 years without charge; the status of women before marriage; the practice of female genital mutilation; and persistence of the practice of floggings, among other things.
HR/CT/98/37
27 October 1998
The Government of the Libyan Arab Jamahiriya this morning presented its third periodic report to the Human Rights Committee on its efforts to implement the provisions of the International Covenant on Civil and Political Rights.
Said Hafyana, Head of the People's Prosecution Office of the Libyan Arab Jamahiriya and Head of the delegation, said that Libyan legislative and social systems had always stressed equity, justice and peace within the society. Religious and social differences should not lead to confrontations and the process of globalization should not ignore the diversity of societies in various corners of the world, he said.
Committee members raised questions on such issues as allegations of murders committed by Libyan security agents outside Libya; claims that persons were detained for up to 15 years without being charged; the status of women before marriage; the practice of female genital mutilation; and persistence of the practice of flogging, among other things.
The Libyan delegation also includes Najib Tleba, Head of the Human Rights Office at the General People's Committee for Justice; Najat Al-Hajjaji, Chargé d'affaires at the Permanent Mission of the Libyan Arab Jamahiriya in Geneva; and Nazik Shaweish of the General People's Committee for Foreign Liaisons and International Cooperation.
Libya is one of 140 States parties to the Covenant and it is obligated to submit periodic reports to the Committee on its efforts in implementing the treaty.
The Committee will reconvene at 3 p.m. to conclude its consideration of the Libyan report and issue preliminary observations.
Report of Libyan Arab Jamahiriya
The third periodic report of the Government of the Libyan Arab Jamahiriya (document CCPR/C/102/Add.1) enumerates the legal, administrative and judicial framework within which the provisions of the International Covenant on Civil and Political Rights are put into effect. In the present report, the Government has endeavoured to give a clearer and more precise idea of Libyan legislation and of the framework that it provides for the application of the provisions of the Covenant, says the report.
Furthermore, the report affirms that there is no inconsistency between the provisions of the Covenant and Libyan legislation such as the Great Green Document on Human Rights. Any provisions contained in the Covenant for which there is not corresponding domestic legislation is binding to the country' judiciary.
According to the report, the political system in the Libyan Arab Jamahiriya is based on direct popular democracy in which the masses play their political, economic and social role and take decisions concerning various aspects of public and private life. The concept of direct popular democracy is based on the twin pillars of people's congresses and people's committees. The people's congresses embody the sovereign decision-making authority while executive authority is exercised by the people's committees.
The report says that under the system of the people's authority, the members of the judiciary enjoy absolute immunity in the discharge of their duties, in accordance with the principle of the independence of the judiciary. Judges are selected from among candidates holding university degrees in law, or in secular and Shari'a law in the case of the personal status courts.
Presentation of Report
SAID HAFYANA, Head of the People's Prosecution Office of the Libyan Arab Jamahiriya, said the report submitted by the Government to the Committee included a general view of the situation in the country, the origin of the population, and the legal instruments that permitted the implementation of the Covenant.
Mr. Hafyana assured the Committee that local provisions were not in conflict with the provisions of the Covenant. Not only was the Government endeavouring to make domestic legislation compatible with the Covenant, but it ensured that legislation was not in conflict with other international instruments as well.
The Libyan legislative and social systems had always stressed equity, justice and peace within the society, the delegate said. Religious and social differences should not lead to confrontation and the process of globalization should not ignore the diversity of societies in various corners of the world.
Furthermore, Mr. Hafyana emphasized that some parties considered others had not reached the degree of maturity to decide their own destiny. However, nations should decide their own destiny without any imposition and interference from outside. Libya believed that any system should be able to guarantee equality, justice and peace to the people under its jurisdiction.
Consideration of Report
In response to the written questions prepared by Committee members in advance, the Libyan delegation said that the country's Supreme Court was the highest judicial authority and heard appeals brought before it in connection with civil, criminal, administrative and personal status judgements handed down by the courts. The new draft Constitution empowered the Supreme Court to rule on the constitutionality of legislation and on any other matters relating to the interpretation of the Constitution.
The delegation said that the people as a whole took decisions through the people's congresses. The people also elected the people's committees, which were the instruments responsible for the implementation of the decisions taken by the people's congresses, to which they were answerable.
Legislative provisions which did not conform with the Great Green Document were considered to be null and void, declared the delegation. Any court could invoke both provisions of the Great Green Document and the Covenant.
On the question regarding complaints about disappearances and extra-judicial executions, the delegation said that there had been no such cases in the country since the submission of the report. A report of extra-judicial executions presented by Amnesty International in connection to a "rebellion" was untrue. Of course, there had been an incident in one place outside the capital, but a judicial investigation had been carried out and the persons involved were later acquitted because they proved their innocence.
The Libyan delegation was asked if there were any complaints of torture or cruel, inhuman or degrading treatment or punishment of persons deprived of their liberties. The delegation said that there were no such cases presented to the competent authorities. In the event of maltreatment within the detention centres, detainees had the right to make complaints which were transmitted to the Office of the Prosecutor.
In court proceedings, fair trial was strictly observed by the judges, the delegation said. Libyan judges were independent and their judgements were not questioned by any other Governmental organ. However, any judgement by the highest courts could be appealed to the Supreme Court, the delegation said. The Secretary of Justice, who headed the General People's Committee for Justice which appointed judges, had no role or authority over the judges.
Regarding the practice of the death penalty, the delegation said that capital punishment was still carried out on persons whose lives endangered or corrupted society. It was also applied to "economic crimes". In addition, the death penalty could be applied against persons found guilty of threatening public security and the armed forces. Failure to defend the country from foreign attack, spying for the enemy by receiving foreign money, and divulging State secrets could lead to the death penalty.
The delegation emphasized that since Libya survived on it oil resources, any attempt to destroy or carry out subversive activities against its vital oil installations was considered an economic crime. Consequently, the legislation permitted that the death penalty be pronounced on such individuals. In cases of murder, the traditional practice of blood-money payment could alter the situation of the death penalty. Nevertheless, there was a public debate going on in the country to abolish or limit the practice of the death penalty.
The practice of amputations as punishment for criminals was not used in the Libyan society, the delegation said, adding that the punishment was there only as a deterrent. Floggings were still practised in relation to the consumption of alcoholic drinks. The use of floggings was not as harsh as one could imagine; it was light and it was part of the Islamic Shari'a laws.
On the rights of foreigners living in Libya, the delegation said that there were more that 90 different nationalities working in the country with their full rights respected by the authorities. However, Libya had suffered from infiltration by foreigners because of its large and open frontiers. As in all other countries of the world, foreigners were obligated to obtain a valid visa on a valid passport or travel document. A foreigner who had been permitted to enter and reside in Libya for a specified purpose was not allowed to do so for any other purpose without permission from the Director of the Passport and Nationality Department, added the delegation.
A foreigner could be expelled if he or she entered the country without a valid visa, the Libyan delegation affirmed. In addition, on the expiration of the residence permit, it could be withdrawn on the basis of threats to public security and the individual could be expelled.
The delegation said that women could carry out any kind of work, including participation in the grass-root positions of the political system. At higher positions, women held ministerial and diplomatic posts. They were also equally represented in all spheres of society. In 1996, the number of women working outside their homes had increased by 25 per cent. That clearly showed that women in Libya were benefiting from their status of equality in the society.
Following the delegation's responses to the written questions, Committee members posed additional oral queries. An expert said that the embargo imposed by the Security Council in 1992 continued to hamper the development of Libya and had created obstacles to the implementation of the Covenant. Although the report did not mention anything pertaining to the impediments faced in the implementation of the provisions of the Covenant, the delegation was requested to comment on the issue.
Furthermore, Committee members raised questions on such issues as allegations of murders committed outside Libya by Libyan security agents; on claims of persons detained for up to 15 years without charge; the status of women before marriage; the practice of female genital mutilation; and persistence of the practice of floggings, among other things.