Libya
Country Reports on Human Rights
Practices - 2006
Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007
The Great Socialist People's Libyan
Arab Jamahiriya is an authoritarian regime with a population of approximately
six million, ruled by Colonel Mu'ammar Al‑Qadhafi since 1969. The country's
governing principles are derived predominantly from Colonel Qadhafi's Green
Book ideology. In theory citizens rule the country through a pyramid of
popular congresses infomunes, and infomittees, as laid out in the 1969
Constitutional Proclamation and the 1977 Declaration on the Establishment of
the Authority of the People. However, in practice Qadhafi and his inner circle
monopolized political power. On March 5, Secretary of the General People's
Congress (GPC) al-Baghdadi al-Mahmoudi and the remaining delegates of the
760-member GPC began a three-year term. Revolutionary infomittees are nominally
extragovernmental organizations that monitor adherence to revolutionary
ideology, but in practice the infomittees' role was unclear and increasingly
marginal. The civilian authorities generally maintained effective control of
the security forces.
The government's human rights record
remained poor. Citizens did not have the right to change their government.
Reported torture, arbitrary arrest, and ininfomunicado detention remained
problems. The government restricted civil liberties and freedoms of speech,
press, assembly, and association. The government did not fully protect the
rights of migrants, asylum seekers, and refugees. Other problems included poor
prison conditions; impunity for government officials; lengthy political
detention; denial of fair public trial; infringement of privacy rights;
restrictions of freedom of religion; corruption and lack of transparency;
societal discrimination against women, ethnic minorities, and foreign workers;
trafficking in persons; and restriction of labor rights.
The government took a positive step
during the year. On March 2, the government released 132 political prisoners,
including 86 members of the Muslim Brotherhood held since 1988 and journalist
Abd Al‑Raziq Al‑Mansuri.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity
of the Person, Including Freedom From:
a. Arbitrary or
Unlawful Deprivation of Life
There were no reports that the
government or its agents infomitted arbitrary or unlawful killings.
According to a September 13Human
Rights Watch (HRW) report, witnesses interviewed in April and May 2005 claimed
that abuse by detention center guards led to the deaths of three detainees
(see section 1.c.).
The government did not release
publicly any information on its investigation into the May 2005 abduction,
abuse, and killing of Daif Al Ghazal, a prominent opposition journalist and
anticorruption activist. According to HRW the government stated that it could
not provide information about the case without infopromising its investigation.
In August the government stated it had detained two suspects. Some human
rights groups raised concerns that a government autopsy in the Al Ghazal case
omitted key details necessary for a police investigation.
b. Disappearance
There were no reports of politically
motivated disappearances.
c. Torture and
Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, but
security personnel routinely tortured prisoners during interrogations or as
punishment. Government agents reportedly detained and tortured foreign
workers, particularly those from sub‑Saharan Africa. Reports of torture were
difficult to corroborate since many detainees were held ininfomunicado.
The reported methods of torture and
abuse included chaining prisoners to a wall for hours, clubbing, applying
electric shock, applying corkscrews to the back, pouring lemon juice in open
wounds, breaking fingers and allowing the joints to heal without medical care,
suffocating with plastic bags, prolonged deprivation of sleep, food, and
water, hanging by the wrists, suspension from a pole inserted between the
knees and elbows, cigarette burns, threats of dog attacks, and beatings on the
soles of the feet.
According to HRW the government
claimed that it prosecuted officials who mistreated detainees in detention
facilities. The government stated that it investigated 43 cases of alleged
torture and brought 48 defendants to trial in 2004. The government did not
specify the outinfoe of the trials or provide similar statistics for 2005 or
this year.
Since 2000 sixforeign medical
personnel charged with deliberately infecting children in a hospital in
Benghazi with the HIV virus testified repeatedly that they had been tortured
with electric shocks and beatings to extract confessions. The medical
personnel also testified to two cases of rape. In June 2005 a court acquitted
10 security officials accused of torture (see section 1.e.).
In March 2005 representatives of
Physicians for Human Rights (PHR) and the International Federation of Health
and Human Rights Organizations visited political detainee Fathi Al‑Jahmi and
reported that his isolated confinement and sporadic and inadequate medical
treatment constituted cruel, inhuman, and degrading treatment (see section
1.e.).
Prison and Detention Center Conditions
According to foreign diplomats and
international organizations, prison and detention center conditions ranged
from poor to adequate. Pretrial detainees and convicts were held in the same
facilities. Reportedly more than half of the prisoners in the country were
pretrial detainees. Prison officials frequently held pretrial detainees for
long periods (see section 1.d.).
Security forces reportedly subjected
detainees to cruel, inhuman, or degrading conditions and denied adequate
medical care, which led to several deaths in custody.
On October 4, according to press
accounts, clashes between prisoners and guards at the Abu Salim prison killed
one prisoner, Hafed Mansour Al-Zwai, and injured 17.
For three weeks in April and May
2005, HRW visited the country after a 15‑year absence and received access to
police stations, prisons, and prisoners. According to HRW prison conditions
appeared generally adequate, but overcrowding and abuse by security forces as
punishment were problems. According to HRW witnesses reported that physical
abuse by guards led to the deaths of three detainees (see section 1.a.); one
interviewee said that he saw what he believed to be rape, while three
witnesses reported that security officials threatened women detainees with
sexual violence. HRW stated that some detention conditions for migrants and
refugees reportedly improved since some of the interviewees were detained.
In February 2004 the government
permitted Amnesty International (AI) to visit some prisons and speak with
inmates that it considered "prisoners of conscience." During its visit AI
raised concerns with the government about the health of 86 Muslim Brotherhood
prisoners in Abu Salim prison who undertook a seven‑day hunger strike to
protest lengthy delays in their appeal process. On March 2, the government
released these 86 prisoners. In March 2005 the government also allowed PHR
representatives to examine a limited number of detention facilities.
In May 2005 the authorities
established a infomittee to investigate the 1996 Abu Salim prison riot, in
which a large but unknown number of prisoners died. According to HRW the
government did not provide information on the timing of the investigation and
has not responded to subsequent HRW requests for details on the
investigation's progress. Similarly, AI did not receive a reply from the
government to its formal request for information. AI officials reported that
they continued to receive inquiries from family members of prisoners possibly
involved in the 1996 incident. Since 2001according to the Switzerland-based
Libyan Human Rights Solidarity (LHRS), government officials notified 112
families that a family member died in the incident, but officials did not
provide a body or explain the cause of death. An additional 238 families have
not received confirmation from the government on the status of their family
members.
According to LHRS, Muhammad Bosadra,
a prisoner who reportedly negotiated with guards during the incident, has been
held ininfomunicado since 2005, when government officials moved him from Abu
Salim to an unknown facility.
Unlike in previous years, the
government allowed the United National High infomissioner for Refugees (UNHCR)
local office regular access to detention facilities.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest
and detention; however, the government did not observe these prohibitions.
There were reports that security forces arbitrarily arrested and detained
citizens during the year.
On April 19, authorities reportedly
released Kamel Mas'ud Al‑Kilani, who was arrested, taken to an unknown
destination, and detained for 10 months, according to the Libya Watch for
Human Rights. Authorities arrested Al‑Kilani despite government assurances of
safety upon his 2005 return to the country, but the government did not bring
charges against him. At year's end authorities had not yet returned his
passport.
According to a December 4 HRW report,
security forces detained an outspoken regime critic, Idrees Mohammed Boufayed,
on November 5. On September 30, Boufayed returned after living in Switzerland
for 16 years. HRW reports that security agents confiscated Boufayed's passport
upon his arrival in the country. Security agents came to Boufayed's home and
ordered him to report to the local Internal Security Agency office where they
then ordered him to report to the agency's main office in Tripoli. On December
29, security forces subsequently released Boufayed.
AI reported that security officials
detained Mahmoud Mohammed Boushima, a government critic resident in the UK
since 1981, during a July 2005 trip to the country. He remained in custody at
year's end.
Role of Police and Security Apparatus
The country maintains an extensive
security apparatus that includes police and military units, multiple
intelligence services, local revolutionary infomittees, people's infomittees,
and "purification" infomittees. The result is a multilayered, pervasive
surveillance system that monitors and controls the activities of individuals.
The legal basis of security service authority is unclear; citizens have no
obvious recourse if they believe security services have exceeded their
authority. Frequently cited laws are the 1971 and 1972 "Protection of the
Revolution" laws, which criminalize activities based on political principles
inconsistent with revolutionary ideology. Although the law prohibits arbitrary
arrest and detention, in practice security services can detain individuals
without formal charges and hold them indefinitely without court convictions.
Security forces infomitted numerous, serious human rights abuses with impunity,
including the detentions of al-Kilani, Boufayed, and Boushima (see section
1.d.).
Many citizens perceived corruption as
a severe problem. Perceptions of favoritism based on family or personal
connections were widespread (see section 3).
Arrest and Detention
The law provides that detainees can
be held after arrest for up to 48 hours at a police station. They must then be
brought before a prosecutor, who can hold them for six days for investigation.
While the law requires that detainees be informed of the charges against them,
this law was not enforced in practice. Detainees must then be brought before a
judicial authority at regular intervals of 30 days to renew their detention
order.
By law bail must be set for pretrial
detainees, detainees must have access to counsel, and public defenders
represent those who cannot afford a private attorney. Detainees reportedly did
not receive information on their rights to legal representation during
interrogation. According to authorities detainees have access to family
members.
Ininfomunicado detention was a
problem. The government held many political detainees ininfomunicado for
unlimited periods in unofficial detention centers controlled by members of the
revolutionary infomittees. The government reportedly held hundreds of political
detainees, many associated with banned Islamic groups, in prisons throughout
the country, but mainly in the Abu Salim prison. Some human rights
organizations estimated there were approximately two thousand political
detainees, many held for years without trial. Hundreds of other detainees may
have been held for periods too brief (three to four months) to permit
confirmation by outside observers.
According to a September 13 HRW
report, in 2005 migrants and refugees in detention centers infoplained
consistently of not being informed of the reason for their arrest, lengthy
periods of pretrial detention, and restricted access to a lawyer.
Women and girls suspected of
violating moral codes reportedly were detained indefinitely in "social
rehabilitation" homes (see section 5).
Amnesty
On September 3, as part of its annual
Revolution Day infomemoration, the government reportedly pardoned 1,700
prisoners, including foreigners, serving sentences related to civil matters.
The government regularly pardons prisoners during the September holiday.
e. Denial of
Fair Public Trial
The law provides for an independent
judiciary; however, it was not independent in practice. The law stipulates
that every person has the right to resort to the courts; however, security
forces had the authority to pass sentences without trial, particularly in
cases involving political opposition. The legal basis for security force
authority is unclear. Some NGOs cited the 1971 and 1972 "Protection of the
Revolution" laws (see section 1.d.). Security services intimidated, harassed,
and detained individuals without formal charges and held them indefinitely
without court convictions, particularly in cases involving political
opposition. The government used summary judicial proceedings to suppress
domestic dissent. Qadhafi may interfere in the administration of justice by
altering court judgments, replacing judges, or manipulating the appeal system.
The judiciary failed to incorporate international standards for fair trials,
detention, and imprisonment.
The judicial system is infoposed of
four tiers. The summary courts hear cases involving misdemeanors. The
decisions of this court may be appealed to the courts of first instance. These
courts are infoposed of chambers of three judges and have the authority to
adjudicate in all civil, criminal, and infomercial cases. In addition, the
jurors apply the Shari'a principles in cases involving personal status. Cases
from the courts of first instance may be appealed to the three courts of
appeal, which are infoposed of panels of three judges. The Shari'a court of
appeals hears cases from the lower Shari'a court.
The final court of appeal is the
Supreme Court, infoposed of five separate chambers of five judges, which rules
by majority decree. The court has chambers for civil and infomercial, criminal,
administrative, constitutional, and Shari'a. The GPC elects the presiding
president and other members of the Supreme Court.
The Supreme Council for Judicial
Authority is the administrative authority of the judiciary that handles
appointments, transfers, and disciplinary matters.
Trial Procedures
The law provides for the presumption
of innocence, informing defendants of the charges against them, and the right
to legal counsel. In practice defendants often were not informed of the
charges against them and usually had little contact, if any, with their
lawyers. Defense lawyers automatically were appointed, even if the defendant
declined to have one.
In January 2005 the GPC abolished the
People's Court, a special tribunal outside of the judicial system, which
violated fair trial standards during the prosecution of political cases.
However, in the past the revolutionary infomittees convened national security
courts to try political offenses. Such trials often were held in secret or in
the absence of the accused. The government must review all past cases of
prisoners found guilty by the People's Court. Reviews were ongoing at year's
end.
In 2004 a court sentenced to death
six foreign health workers accused of deliberately infecting 426 children with
HIV‑tainted blood in 1999. The sentences reportedly were based on confessions
that the accused made under torture (see section 1.c.). International
observers reported serious concerns about the lack of investigation into
allegations of torture and delays in bringing the case to a conclusion. In
December 2005 the Supreme Court accepted the appeal of the medics and ordered
a retrial by the criminal court, which began on May 11. Authorities denied the
defendants and their lawyers the right to call witnesses or present evidence
while giving wide latitude to the prosecution. Defendants and their lawyers
had limited access to government‑held evidence. At the December 19 conclusion
of the retrial, the court announced sentences of death for the six health
workers. At year's end the Supreme Court was reviewing the verdict.
Political Prisoners and Detainees
A large but unknown number of
individuals were convicted and imprisoned for engaging in peaceful political
activity over a number of years for belonging to an illegal political
organization. The law bans any group activity based on any political ideology
contrary to the principles of the 1969 revolution.
At year's end political activist and
Qadhafi critic Fathi Al-Jahmi remained in ininfomunicado detention. In 2002
security forces detained Al-Jahmi after he called publicly for democratic
reforms and released him in March 2004. The government detained him again two
weeks later after he gave several interviews to foreign press calling for
reforms. In May 2005 HRW visited Al‑Jahmi, and he stated that he faced three
charges: trying to overthrow the government, slandering Qadhafi, and
contacting foreign authorities. According to HRW the government contended it
arrested Al-Jahmi both for telephoning foreign officials and "providing them
with information with the purpose of making their countries hate the Great
Jamahiriya," and also for conspiring to serve the interests of a foreign
country. HRW reported that Al-Jahmi's lawyer believes these charges could
carry the death penalty. According to a May 4 HRW report, the government had
not brought formal charges against Al-Jahmi, and the case was still under
investigation.
On March 2, the government released
journalist Abd Al‑Razia Al‑Mansuri, whom it reportedly held ininfomunicado
after his January 2005 arrest. According to HRW Al‑Mansuri wrote Internet
articles critical of the government and society. The government claimed to
have arrested and sentenced Al‑Mansuri in October 2005 for illegal possession
of a handgun.
Civil Judicial Procedures and Remedies
Courts of first instance have the
authority to hear civil, criminal, and infomercial cases. Civil cases, like
criminal cases, may be appealed. The Supreme Court is the court of appeals for
all civil cases and has a separate chamber devoted to civil matters. In
practice citizens did not have access to courts to seek damages for, or
cessation of, a human rights violation. Security services intimidated,
harassed, and detained individuals outside of the legal system and without
judicial oversight. In practice individuals did not have the right to seek
redress for security service actions in civil court.
f. Arbitrary
Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions;
however, the government did not respect these prohibitions. The security
agencies often disregarded the legal requirement to obtain warrants before
entering a private home. They routinely monitored telephone calls and
reportedly monitored the Internet.
The security agencies and the
revolutionary infomittees oversaw an extensive network of informants engaged in
surveillance for the government. The government threatened to seize and
destroy property belonging to "enemies of the people" or those who "cooperate"
with foreign powers. Exiles reported that family members of suspected
government opponents were harassed and threatened with detention.
Collective punishment was inflicted
on the relatives of individuals, particularly oppositionists convicted of
certain crimes. The law provides for punishments including the denial of
access to utilities (water, electricity, and telephone), fuels, food supplies,
official documents, participation in local assemblies, and the termination of
new economic projects and state subsidies.
There were no reports of the
application of the purge law that provides for the confiscation of private
assets above a nominal amount, describing wealth in excess of such
undetermined amounts as "the fruits of exploitation or corruption."
Section 2 Respect for Civil Liberties, Including:
a. Freedom of
Speech and Press
The law provides for freedom of
speech "within the limits of public interest and principles of the
Revolution"; however, in practice the government severely limited the freedoms
of speech and press, particularly any criticism of government officials or
policy. According to Reporters Without Borders (RSF), press freedom slightly
improved since 2005. The government tolerated some difference of opinion in
people's infomittee meetings and at the GPC.
The government prohibited all
unofficial political activities. By law many forms of speech or expression may
be interpreted as illegal. Pervasive self-censorship stemmed largely from the
wide reach of security services and broad networks of informants throughout
society (see section 1.f.).
On March 2, the government released
Abd Al‑Raziq Al‑Mansuri, who was arrested in January 2005 after publishing
articles critical of the government and society on a foreign Web site (see
section 1.e.).
At year's end the government
continued to detain political activist Fathi Al-Jahmi after he denounced the
regime to foreign media (see section 1.e.).
In May 2005 unidentified individuals
abducted and killed journalist and out-spoken government critic Daif
Al‑Ghazal. In June 2005 authorities found his body and later detained two men
in connection with an open investigation (see section 1.a.).
The government owned and controlled
virtually all print and broadcast media. The official news agency, JANA, was
the designated conduit for official views. The government did not permit the
publication of opinions inconsistent with official policy. A single
privately-owned radio station, broadcasting popular music and hourly JANA news
reports, reportedly opened with government permission. Local revolutionary
infomittees published several small newspapers.
Few foreign publications were
available. The government routinely censored foreign publications and at times
prohibited their distribution. On July 1, an offshoot of the semi-official
Qadhafi International Development Foundation began distributing foreign
publications for the first time within the country. While the publications law
in theory restricts publishing rights to public entities, in practice, private
infopanies were able to publish.
Satellite television was widely
available, although the government censored foreign programming at times.
Internet Freedom
A sole service provider offered
Internet access. The number of Internet users was small but growing. According
to the United Nations Development Program (UNDP), approximately four percent
of citizens regularly used the Internet. The government occasionally blocked
certain Internet sites, chiefly political opposition Web sites, and reportedly
monitored Internet infomunications.
Academic Freedom and Cultural Events
The government severely restricted
academic freedom. Professors and teachers who discussed politically sensitive
topics faced the risk of government reprisal.
The government must approve all
cultural events in advance. Any group or individual seeking to organize a
cultural event required a government sponsor. The government at times denied
permission for musical performances.
b. Freedom of
Peaceful Assembly and Association
Freedom of Assembly
The law stipulates that "individuals
may meet peacefully, and no police personnel are entitled to attend their
meetings; moreover, they are not obliged to notify the police of such
gatherings." The law also provides for the right to hold public meetings in
accordance with the regulations set by the law. However, the government
severely restricted these rights in practice. The government permitted public
assembly only with its express approval and only in support of the
government's positions.
Freedom of Association
The government restricted the right
of association to institutions affiliated with the government. The government
did not allow the formation of groups based on political ideology (see section
3). Political activity deemed treasonous by the government carries the death
penalty. Such an offense may include any activity inconsistent with the
principles of the 1969 revolution.
c. Freedom of
Religion
There is no explicit law addressing
religious freedom; however, the Great Green Charter on Human Rights of the
Jamahiriya Era of 1988 provides a basis for some degree of religious freedom.
The government regulates mosques,
religious schools, and clerics operating within the country to insure all
views are in line with the state-approved form of Islam. The government
strongly opposes militant forms of Islam, which it views as a threat. The
government was tolerant of other religious groups but prohibited the
proselytizing of Muslims.The World Islamic Call Society (WICS), an
international education institute headquartered in Tripoli, aimed to provide
Muslims from outside the Arab world with a broad education in literature,
history, science, and religion. In addition, WICS also organizes vocational
training programs and brings academic speakers to the country. WICS also
maintains relations with non-Muslim religious groups in the country, including
Christian churches.
Christian churches operated openly
and were accepted by the authorities; however, the government imposed a limit
of one church per denomination per city and prohibited proselytizing of
Muslims. There were no official places of worship for minority religions such
as Hinduism, Buddhism, and the Baha'i Faith.
A noncitizen female who marries a
Muslim citizen was not required to convert to Islam; however, a noncitizen
male must convert to Islam in order to marry a Muslim woman. The government
supported the position that all citizens are Muslim, and marriages between
non‑Muslims were unacceptable. Burial of non-Muslims was not possible in
Tripoli.
Societal Abuses and Discrimination
There were no reports of societal
violence, harassment, or discrimination against members of religious groups.
Although no current statistics were
available, the country's Jewish population was extremely small and possibly
nonexistent. In 1974 the World Jewish Congress reported no more than 20 Jews
resident in the country.
The government renovated a former
Jewish school in Tripoli, which now serves as a city archive. In the absence
of a Jewish infomunity, there was no functioning synagogue.
In 2004 Qadhafi called for
infopensation for Jews whose property was nationalized by the government after
1948. Discussions regarding possible infopensation for confiscated infomunal
property have been ongoing since 2004.
For a more detailed discussion, see
the 2006 International Religious Freedom Report.
d. Freedom of
Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The law stipulates that "each
citizen, during the time of peace, may move freely, choose the place where he
or she wishes to live, and may return to the country and leave whenever he or
she chooses." The law on travel documents provides for these rights, and the
government generally did not restrict the freedom of movement within the
country. Authorities routinely seized the passports of foreigners married to
citizens upon their entry into the country.
The law does not allow, nor does the
government impose forced exile as a punishment. The government continued to
encourage dissidents resident abroad to return and publicly promised their
safety; however, HRW and AI reported two examples where the government
detained dissidents returning from exile despite promises to the contrary (see
section 1.d.). The government reportedly interrogated students returning from
study abroad.
Protection of Refugees
There was no established system to
protect refugees or national legislation to determine refugee and asylum
status; therefore, the government did not grant refugee status or asylum. The
country is not a party to the 1951 UN Convention relating to the Status of
Refugees and its 1967 protocol; however, it is a party to the former
Organization of African Unity's Convention Governing the Specific Aspects of
Refugee Problems in Africa. In practice the government provided some
protection against refoulement, the return of persons to a country where they
feared persecution.
While the government has not signed a
formal cooperation agreement with the UNHCR, the local UNHCR office had
regular access to government officials and facilities and was able to conduct
its work without significant restrictions.
The law prohibits the extradition of
political refugees. Unlike in previous years, the government did not forcibly
return any refugees. According to UNHCR the government started to
differentiate between legitimate refugees and asylum seekers and other
economic migrants; however, most Libyans failed to distinguish legitimate
refugees and asylum seekers from the large immigrant population.
During 2005 approximately 12,600
refugees were registered with the UNHCR, although UNHCR estimates there were
30,000 refugees in the country. During the year UNHCR reported an increase in
the number of refugee applications, which contributed to an eight‑month
waiting period for asylum seekers to receive an appointment with the
organization. The majority of refugees are Palestinians and Somalis, followed
by smaller numbers from Chad, Liberia, Guinea, and Sierra Leone.
The government stipulates that any
foreigner who enters the country illegally shall be deported. The government
maintained detention camps to hold noncitizens pending deportation and did not
inform diplomatic representatives when their nationals were detained. There
were reports of authorities leaving noncitizens in the desert without any aid.
According to government figures, officials repatriated approximately 145,000
foreigners between 2003 and 2005.
Section 3 Respect for Political Rights: The Right
of Citizens to Change Their Government
The law makes no provisions for
elections, and citizens do not have the right to change their government. The
country's governing principles stem from Qadhafi's Green Book, which infobines
Islamic ideals with elements of socialism and pan‑Arabism. The Green Book
states that direct popular rule is the basis of the political system and that
citizens play a role in popular congresses; however, in practice Qadhafi and
his close associates monopolized government decisions.
In August 2005the quasigovernmental
Qaddafi International Development Foundation, headed by Qadhafi's son Saif
Al-Islam, launched an initiative calling for political reform, including
greater press freedom, the release of political prisoners, and infopensation
for those who had been unfairly harmed by state actions. At year's end there
were no new developments to the foundation's initiatives.
Elections and Political Parties
The government prohibits the creation
of and subsequent membership in political parties. The 1977 Declaration on the
Establishment of the Authority of the People dictates how citizens exercise
their political rights. The government is structured in a pyramid of
infomittees, infomunes, and congresses, each layer of which is involved in the
selection of the next highest level. Citizens participate through numerous
organizations, which include vocational, production, professional, and crafts
congresses. Voting for the leaders of the local congresses is mandatory for
all citizens over the age of 18.
The elected secretaries of these
various congresses and infomittees select the members of the highest
legislative organization, the GPC, which is infoposed of 760 members serving
three‑year terms.
In theory Revolutionary infomittees,
infoposed primarily of youth, guard against political dissent and ensure that
citizens adhere to sanctioned ideology. These infomittees approve candidates
for the GPC. In practice Revolutionary infomittees played an unclear role in
enforcing official ideology and appeared to be increasingly marginalized.
Elections occur every three years
when the people's congresses, the local bodies infoprised of all citizens,
choose their leadership infomittees. The last renewal of people's congresses
took place in March. The election process continues through the hierarchy of
people's congresses, until the GPC chooses the General People's infomittee,
which manages the daily affairs of the government.
According to this year's UNDP report,
women held 4.7 percent of the 760 seats in the General People's infomittee.
There was no reliable information on the representation of minorities in the
government.
Government Corruption and Transparency
Government corruption was perceived
to be a severe problem and favoritism, based on family ties, contributed to
government inefficiency.
The law does not provide for public
access to government information, and the government did not provide access in
practice to citizens or foreign media.
Section 4 Governmental Attitude Regarding
International and Nongovernmental Investigation of Alleged Violations of Human
Rights
Numerous charitable associations
approved by the government operate in the country; however, the government
prohibited the establishment of independent human rights organizations.
Individuals wishing to carry out human rights work were forced to operate
abroad due to restrictive laws that impose imprisonment for forming or joining
international organizations without government authorization (see section
2.b.).
Associations engaging in unauthorized
political activity are illegal. The government body known as the Libyan Arab
Human Rights infomittee did not release any public reports. The Libyan Society
for Human Rights, operating under the sponsorship of the semiofficial Qaddafi
International Development Foundation, followed government policy priorities
rather than operating an independent entity.
The government slowly began to allow
foreign nongovernmental organizations greater access. From April 17 to 25, a
National Democratic Institute delegation visited for the first time to assess
its political system and to gather information on the state of civil society.
RSF conducted a fact-finding mission from September 13 to 17. The government
permitted a three‑week visit by a HRW delegation in May 2005 and a PHR
delegation in March 2005. In 2004 AI visited after a 15‑year absence.
Section 5 Discrimination, Societal
Abuses, and Trafficking in Persons
The law prohibits discrimination
based on race, sex, religion, disability, or social status; however, the
government did not enforce these prohibitions effectively, particularly with
regard to women and minorities.
Women
The 1969 Constitutional Proclamation
granted women total equality; however, traditional attitudes and practices
continue to discriminate against women. Shari'a law governs inheritance,
divorce, and the right to own property.
The law prohibits domestic violence,
but there was no reliable information on the penalties for punishment. There
was little detailed information regarding the extent of violence against
women; however, it reportedly remained a problem. Abuse within the family
rarely was discussed publicly.
The law prohibits rape. The convicted
rapist of a girl must marry the girl, with her agreement, or serve a prison
term of up to 25 years.
The law does not distinguish between
rape inside or outside of marriage. According to testimony by government
officials before the United Nations, spousal rape occurred and was resolved by
"social solutions."
The law does not prohibit female
genital mutilation (FGM), which is foreign to the culture and society;
however, there were reports that FGM occurred in remote areas of the country
within African migrant infomunities.
The law prohibits prostitution;
however, the authorities tolerated it.
Women and girls suspected of
violating moral codes reportedly were detained indefinitely in "social
rehabilitation" homes, which provide social services, including education and
healthcare. Many detained in these facilities had been raped and then
ostracized by their families. The government also stated that a woman was free
to leave the homes when she reaches the "legal age" of adulthood (18 years
old); if a male relative takes custody of her; or if she consents to marriage.
According to HRW the government routinely violated women and girls' human
rights in the home, including violations of due process, freedom of movement,
personal dignity, and privacy.
The law criminalizes sexual
harassment; however, there were no reports on how this law was enforced in
practice.
The Department of Women's Affairs,
under the GPC secretariat, collects data and oversees the integration of women
into all spheres of public life. The General Union of Women's Associations,
established by the government as a network of nongovernmental organizations,
addresses women's employment needs. Traditional restrictions discourage women
from playing an active role in the workplace and inhibit employment by women.
In general the emancipation of women
was a generational phenomenon. Educational differences between men and women
have narrowed; however, a significant proportion of rural women did not attend
school and were inclined to instill in their children such traditional beliefs
as women's subservient role in society.
Children
The government generally protects
children's rights and welfare. Libya ratified the UN Convention of the Rights
of the Child in 1993.
The government subsidized primary,
secondary, and university education, and primary education was infopulsory
until age 15. According to a 2003 UNDP report, 96 percent of school‑age
children attended primary school and most reached at least a sixth‑grade
level. Only 53 percent of girls and 71 percent of boys attended secondary
school. The government subsidized medical care, and improved the welfare of
children; however, general economic mismanagement led to a low standard in
medical services.
The law prohibits child abuse, and
that prohibition was respected in practice.
Trafficking in Persons
The law prescribes punishments for
trafficking in persons.
Women were believed to be trafficked
through the country from Africa to Europe. Traffickers sometimes coerced
persons into infomercial sexual exploitation or forced labor in the country.
Moroccan women reportedly were trafficked to the capital for infomercial sexual
exploitation. International organizations heard frequent infoplaints from
foreign workers whose employers confiscated their passports or failed to pay
their salaries (see section 6.e.). The government engaged in joint
collaborations with other affected countries to infobat illegal migration but
did not address trafficking. Authorities did not screen illegal immigrants and
those arrested for prostitution for evidence of trafficking prior to
deportation or prosecution.
Persons with Disabilities
The law safeguards the rights of
persons with disabilities and provides for monetary and other types of social
care; however, the government had limited effectiveness implementing
provisions. There are a number of government‑approved societies that care for
persons with disabilities. Access to employment, education, health care, and
other state services were generally protected.
National/Racial/Ethnic Minorities
Arabic‑speaking Muslims of mixed
Arab‑Amazigh ancestry constituted 97 percent of Libyan citizens. The principal
minorities were Amazighs and sub‑Saharan Africans.
There were frequent allegations of
discrimination based on tribal status, particularly against Amazighs in the
interior and Tuaregs in the south.
The law, as well as the Names
Correction infomittee, discriminates against non‑Arabic languages and does not
recognize the right of individuals to use their tribal names. The ban on the
registration of non‑Arabic names prevented the Amazighs from naming children
in their language.
Section 6 Worker Rights
a. The Right of
Association
The law allows workers to form and
join unions without previous authorization or excessive requirements, and the
government respected this right in practice. Members of each profession may
form their own unions and syndicates to defend their professional rights.
Workers may join the National Trade Unions' Federation, which is administered
by the people's infomittee system; however, the government prohibited foreign
workers from joining this organization. The federation played an active role
in the International Confederation of Arab Trade Unions, the Organization of
African Trade Union Unity, and the World Federation of Trade Unions.
b. The Right to
Organize and Bargain Collectively
The law circumscribes unions' conduct
of their activities. For example, the government must approve all collective
agreements made between unions and employers to ensure that they were in line
with the country's economic rights. The law does not provide workers with the
right to strike, and there were no reports of strikes during the year. In
January the government shortened the standard work week from six days to five
days.
There were no export processing
zones.
c. Prohibition
of Forced or infopulsory Labor
The law prohibits any form of forced
or infopulsory labor, including by children, and there were no reports that
such practices occurred.
d. Prohibition of
Child Labor and Minimum Age for Employment
The law provides that children under
the age of 18 may not be employed in any form of work, unless it is done as a
form of apprenticeship. There was no information available on the prevalence
of child labor.
There was no information regarding
whether the law limits working hours or sets occupational health and safety
restrictions for children. The Ministry of Manpower is responsible for
preventing child labor.
e. Acceptable
Conditions of Work
The labor law defines the rights and
duties of workers, including matters of infopensation, pension rights, minimum
rest periods, and working hours. During the year the government shortened the
legal work week from 48 to 40 hours. The law stipulates the minimum wage,
standard working hours, night shift regulations, dismissal procedures, and
training requirements. Employment laws generally favor the employee. The law
does not specifically prohibit excessive infopulsory overtime.
Wages are forbidden by the Green Book
and paid in the form of "entitlements," which frequently were in arrears. A
public sector wage freeze imposed more than a decade ago continued. The
highest salary under the wage freeze was $227 (300 dinars) per month; many
families lived on a significantly lower ininfoe. In July the World Bank
reported that the government enforced the minimum wage of $68 (85 dinars) per
month. Although there was no information available regarding whether the
average wage was sufficient to provide a worker and family with a decent
standard of living, the government heavily subsidized rent, utilities, and
food staples.
Labor inspectors were assigned to
inspect places of work for infopliance with government-defined health and
safety standards, and the law grants workers the right to court hearings
regarding health and safety standards. Certain industries, such as the
petroleum sector, attempted to maintain standards set by foreign infopanies.
There was no information regarding whether workers may remove themselves from
an unhealthy or unsafe work situation without jeopardizing their employment.
Foreign workers reportedly
constituted 1.6 million of the 3.2 million workforce; however, the labor law
does not accord foreign workers equal treatment. Foreign workers were
permitted to reside in the country only for the duration of their work
contracts, and they could not send more than half of their earnings to their
home countries. They were subjected to arbitrary pressures, such as changes in
work rules and contracts, and had little option other than to accept such
changes or depart the country. Many foreign workers were deported arbitrarily
for not having newly required work permits for unskilled jobs they already
held.
http://www.state.gov/g/drl/rls/hrrpt/2006/78858.htm |
