Human rights in Libya
Encyclopedia
The Kingdom of Libya
Kingdom of Libya
The Kingdom of Libya, originally called the United Libyan Kingdom came into existence upon independence on 24 December 1951 and lasted until a coup d'état led by Muammar Gaddafi on 1 September 1969 overthrew King Idris of Libya and established the Libyan Arab Republic.- Constitution :Under the...

, from 1951 to 1969, was heavily influenced and educated by the British and American oil companies. The King was very westernized and Libya also had a constitution. The kingdom, however, was marked by a feudal
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...

 regime, where Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....

 had a low literacy
Literacy
Literacy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...

 rate of 10%, a low life expectancy
Life expectancy
Life expectancy is the expected number of years of life remaining at a given age. It is denoted by ex, which means the average number of subsequent years of life for someone now aged x, according to a particular mortality experience...

 of 57 years, and 40% of the population lived in shanties
Shanty town
A shanty town is a slum settlement of impoverished people who live in improvised dwellings made from scrap materials: often plywood, corrugated metal and sheets of plastic...

, tent
Tent
A tent is a shelter consisting of sheets of fabric or other material draped over or attached to a frame of poles or attached to a supporting rope. While smaller tents may be free-standing or attached to the ground, large tents are usually anchored using guy ropes tied to stakes or tent pegs...

s, or cave
Cave
A cave or cavern is a natural underground space large enough for a human to enter. The term applies to natural cavities some part of which is in total darkness. The word cave also includes smaller spaces like rock shelters, sea caves, and grottos.Speleology is the science of exploration and study...

s. Illiteracy and homelessness
Homelessness
Homelessness describes the condition of people without a regular dwelling. People who are homeless are unable or unwilling to acquire and maintain regular, safe, and adequate housing, or lack "fixed, regular, and adequate night-time residence." The legal definition of "homeless" varies from country...

 were chronic problems during this era, when iron shacks dotted many urban centres around the country.

From 1969 to 2011, the history of Libya
History of Libya
The History of Libya includes the history of its rich mix of ethnic groups added to the indigenous Berber tribes. Berbers, the bulk of Libya's population, have been present throughout the entire history of the country. For most of its history, Libya has been subjected to varying degrees of foreign...

 was marked by the Libyan Arab Jamahiriya (where jamahiriya means "state of the masses"), a so-called "direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...

" political system established by Muammar Gaddafi
Muammar Gaddafi
Muammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...

, who nominally stepped down from power in 1977, but remained an unofficial "Brother Leader" until 2011. Under the Jamahiriya, the country's literacy rate rose to 90%, and welfare
Welfare
Welfare refers to a broad discourse which may hold certain implications regarding the provision of a minimal level of wellbeing and social support for all citizens without the stigma of charity. This is termed "social solidarity"...

 systems were introduced that allowed access to free education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...

, free healthcare, and financial assistance for housing. In 2008, the General People's Congress has declared the Great Green Charter of Human Rights of the Jamahiriyan Era. The Great Manmade River
Great Manmade River
The Great Man-Made River is a network of pipes that supplies water from the Sahara Desert in Libya, from the Nubian Sandstone Aquifer System fossil aquifer. It is the world's largest irrigation project....

 was also built to allow free access to fresh water across large parts of the country. In addition, illiteracy and homelessness
Homelessness
Homelessness describes the condition of people without a regular dwelling. People who are homeless are unable or unwilling to acquire and maintain regular, safe, and adequate housing, or lack "fixed, regular, and adequate night-time residence." The legal definition of "homeless" varies from country...

 had been "almost wiped out," and financial support was provided for university scholarships and employment programs, while the nation as a whole remained debt-free. As a result, Libya's Human Development Index
Human Development Index
The Human Development Index is a composite statistic used to rank countries by level of "human development" and separate "very high human development", "high human development", "medium human development", and "low human development" countries...

 in 2010 was the highest in Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...

 and greater than that of Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...

.

In 2005, the US government-funded Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...

 gave low ratings for political rights and civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...

, and gave it the freedom rating of "Not Free". In 2010, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 published a critical report on Libya, raising concerns about cases of enforced disappearances and other human rights violations that remained unresolved, and that Internal Security Agency members implicated in those violations continued to operate with impunity. In January 2011, the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...

 published a report analysing the Libyan Arab Jamahiriya's human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 record with input from member nations, most of which (including many European and most Asian, African and South American nations) generally praised the country's progressive efforts in human rights, though some (particularly Australia, France, Israel, Switzerland, and the United States) raised concerns about human rights abuses concerning cases of disappearance and torture, and restrictions on free press and free association; Libya agreed to investigate cases involving disappearance and torture, and to repeal any laws criminalizing political expression or restricting a free independent press, and affirmed that it has an independent judiciary.

Political, ethnic and religious oppression

In the early 1970s, Gaddafi created the Revolutionary Committees as conduits for raising political consciousness, with the aim of direct
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...

 political participation
Participatory democracy
Participatory Democracy, also known as Deliberative Democracy, Direct Democracy and Real Democracy , is a process where political decisions are made directly by regular people...

 by all Libyans rather than a traditional party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

-based representative system
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...

. In 1979, however, some of these committees had eventually evolved into self-appointed, sometimes zealous, enforcers of revolutionary orthodoxy. During the early 1980s, these committees had considerable power and became a growing source of tension within the Jamihiriya, to the extent that Gaddafi sometimes criticized their effectiveness and excessive repression, until the power of the Revolutionary Committees were eventually restricted in the late 1980s.

The Revolutionary Committees had been accused of resembling similar systems in Totalitarian
Totalitarianism
Totalitarianism is a political system where the state recognizes no limits to its authority and strives to regulate every aspect of public and private life wherever feasible...

 countries; reportedly, 10 to 20 percent of Libyans worked in surveillance for these committees, with surveillance taking place in government, in factories, and in the education sector. They also posted bounties for the killing of Libyan critics charged with treason abroad. Opposition activists were occasionally executed publicly and the executions were rebroadcast on public television channels.

In 1988, Gaddafi criticized the excessive measures taken by the Revolutionary Councils, stating that "they deviated, harmed, tortured" and that "the true revolutionary does not practise repression." That same year, the Libyan Arab Jamahiriya issued the Great Green Document on Human Rights, in which Article 5 established laws that allowed greater freedom of expression. Article 8 of The Code on the Promotion of
Freedom stated that "each citizen has the right to express his opinions and ideas openly in People’s Congresses and in all mass media
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...

." A number of restrictions were also placed on the power of the Revolutionary Committees, leading to a resurgence in the Libyan state's popularity by the early 1990s. In 2004, however, Libya posted a $1 million bounty for journalist Ashur Shamis, under the allegation that he was linked to Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...

 and terror suspect Abu Qatada
Abu Qatada
Abû-Qatâda al-Filisṭînî , sometimes called Abû-Omar is an Islamist militant. Under the name Omar Mahmoud Othman , he is under worldwide embargo by the United Nations Security Council Committee 1267 for his affiliation with al-Qaeda...

.

Until recently, foreign languages were not part of the school curriculum. One protester in 2011 described the situation as: "None of us can speak English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

 or French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...

. He kept us ignorant and blindfolded". The US State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...

 claimed that ethnic, Islamic fundamentalist
Islamic fundamentalism
Islamic fundamentalism is a term used to describe religious ideologies seen as advocating a return to the "fundamentals" of Islam: the Quran and the Sunnah. Definitions of the term vary. According to Christine L...

 and tribal minorities suffer discrimination, and that the state continues to restrict the labour rights of foreign workers. In 1998, CERD
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...

 expressed concern about alleged “acts of discrimination against migrant workers on the basis of their national or ethnic origin,” which the United Nations Human Rights Council also expressed concern about in 2010. Human Rights Watch in September 2006 documented how migrant workers and other foreigners were subjected to human rights abuses, which have increased drastically against black Africans under the National Transitional Council
National Transitional Council
The National Transitional Council of Libya , sometimes known as the Transitional National Council, the Interim National Council, or the Libyan National Council,...

 following the 2011 Libyan civil war
2011 Libyan civil war
The 2011 Libyan civil war was an armed conflict in the North African state of Libya, fought between forces loyal to Colonel Muammar Gaddafi and those seeking to oust his government. The war was preceded by protests in Benghazi beginning on 15 February 2011, which led to clashes with security...

.

HIV trial

One issue was that of the HIV trial in Libya
HIV trial in Libya
The HIV trial in Libya concerns the trials, appeals and eventual release of six foreign medical workers charged with conspiring to deliberately infect over 400 children with HIV in 1998, causing an epidemic at El-Fatih Children's Hospital in Benghazi, Libya.The defendants were a Palestinian...

, in which six foreign health workers (five Bulgarian nurses and one Palestinian doctor) were accused of deliberately infecting 426 children with HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...

-tainted blood in a hospital in 1999. On 6 May 2004, a Libyan court sentenced the workers to death. They were eventually freed in 2007, following European diplomatic
European Commissioner for External Relations and European Neighbourhood Policy
The European Commissioner for External Relations was a member of the European Commission with responsibility over the Commissions external representation in the world and the European Union's Neighbourhood Policy...

 mobilisation.

Abu Salim prison massacre

In 2006, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 has called for an independent inquiry
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...

 into deaths that occurred there in Abu Salim maximum security prison in the 1996 riot. In 2009, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 believes that 1,270 prisoners were killed.

In 2009, the Libyan government stated that the killings took place amid confrontation between the government and rebels from the Libyan Islamic Fighting Group
Libyan Islamic Fighting Group
Libyan Islamic Movement formerly known as The Libyan Islamic Fighting Group also known as Al-Jama’a al-Islamiyyah al-Muqatilah bi-Libya is a group active in Libya which played a key role in deposing Colonel Muammar Gaddafi's regime, allying itself with the National Transitional Council.However...

, and that some 200 guards were killed as well. In January 2011, the Libyan Arab Jamahiriya confirmed that it was carrying out an investigation into the incident along with international investigators.

Torture

In January 2011, the Libyan Arab Jamahiriya stated that the practice of torture and ill treatment was forbidden in article 434 of the Penal Code, which stated that public officials who had ordered the torture of a person or had committed an act of torture were sentenced to 3 to 10 years’ imprisonment. Gaddafi openly condemned the use of torture, as a criticism against several Revolutionary Committees that had condoned the use of torture.

Torture was allegedly used by Libya's security forces to punish rebels after the rebellion hit north west Libya during the 2011 Libyan civil war
2011 Libyan civil war
The 2011 Libyan civil war was an armed conflict in the North African state of Libya, fought between forces loyal to Colonel Muammar Gaddafi and those seeking to oust his government. The war was preceded by protests in Benghazi beginning on 15 February 2011, which led to clashes with security...

. Torture has been used extensively by rebel forces
Anti-Gaddafi forces
The anti-Gaddafi forces were Libyan groups that opposed and militarily defeated the government of Muammar Gaddafi, killing him in the process. These opposition forces included organised and armed militia groups, participants in the 2011 Libyan civil war, Libyan diplomats who switched their...

, who established unofficial detention facilities equipped with torture devices such as ropes, sticks and rubber hoses. The rebels have used torture against many suspected Gaddafi supporters, targeting black Africans
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...

 in particular.

2011 civil war

Various states and supranational bodies have condemned the use of military and mercenaries against Libyan civilians during the 2011 Libyan civil war
2011 Libyan civil war
The 2011 Libyan civil war was an armed conflict in the North African state of Libya, fought between forces loyal to Colonel Muammar Gaddafi and those seeking to oust his government. The war was preceded by protests in Benghazi beginning on 15 February 2011, which led to clashes with security...

, an allegation that Saif al-Islam Gaddafi denies.

After an emergency meeting on 22 February, the Arab League
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...

 suspended Libya from taking part in council meetings and Moussa issued a statement condemning the "crimes against the current peaceful popular protests and demonstrations in several Libyan cities." Libya was suspended from the UN Human Rights Council by a unanimous vote of the UN General Assembly, citing the Gaddafi government's use of violence against protesters. A number of governments, including Britain, Canada, Switzerland, the United States, Germany and Australia took action to freeze assets of Gaddafi and his associates. The move was criticised as double-standard as numerous similar human right abuses in Bahrain, Yemen or elsewhere produced no action at all.

On 26 February 2011, the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 voted unanimously in a resolution
United Nations Security Council Resolution 1970
United Nations Security Council Resolution 1970 was a measure adopted unanimously by the UN Security Council on 26 February 2011. It condemned the use of lethal force by the regime of Muammar Gaddafi against protesters participating in the 2011 Libyan civil war, and imposed a series of...

 to impose strict sanctions, including targeted travel bans, against Gaddafi's government, as well as to refer Gaddafi and other members of his regime to the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 for investigation into allegations of brutality against civilians, which could constitute crimes against humanity in violation of international law. There are many reports of these sanctions being broken where support against Libyan government forces is the case.

Rebel forces
Anti-Gaddafi forces
The anti-Gaddafi forces were Libyan groups that opposed and militarily defeated the government of Muammar Gaddafi, killing him in the process. These opposition forces included organised and armed militia groups, participants in the 2011 Libyan civil war, Libyan diplomats who switched their...

 have been criticized for a number of human rights violations, including indiscriminate bombardment of heavily-populated cities, torture and killing of prisoners of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...

, and racist lynchings of black people
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...

.

In June 2011, a detailed investigation carried out by Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 found that many of the allegations against Gaddafi and the Libyan state turned out to either be false or lack any credible evidence, noting that rebels at times appeared to have knowingly made false claims or manufactured evidence. According to the Amnesty investigation, the number of casualties was heavily exaggerated, some of the protesters may have been armed, "there is no proof of mass killing of civilians on the scale of Syria or Yemen," and there is no evidence that aircraft or heavy anti-aircraft machine guns were used against crowds. It also doubted claims from the Western media that the protest movement was "entirely peaceful" and "presented no security challenge."

In July 2011, Saif al-Islam Gaddafi had an interview with Russia Today
RT (TV network)
RT, previously known as Russia Today, is a global multilingual television news network based in the Russian Federation run by the state-owned state-run RIA Novosti....

, where he denied the ICC's allegations that he or his father Muammar Gaddafi ordered the killing of civilian protesters. He pointed out that he is not a member of the government or the military, and therefore has no authority to give such orders. According to Saif, he made recorded calls to General Abdul Fatah Younis
Abdul Fatah Younis
Abdul Fatah Younis , sometimes transliterated Fattah Younis or Fattah Younes or Fatah Younes, was a senior military officer in Libya. He held the rank of Major General and the post of Minister of Interior, but resigned on 22 February 2011 to defect to the rebel side in what was to become the 2011...

, who later defected to the rebel forces, in order to request not to use force against protesters, to which Fatah responded that they are attacking a military site, where surprised guards fired in self-defense.

During the Battle of Sirte
Battle of Sirte (2011)
The Battle of Sirte was a battle of the 2011 Libyan civil war that began when the National Liberation Army attacked forces loyal to ousted leader Muammar Gaddafi in his hometown and designated capital of Sirte, on the Gulf of Sidra...

, the rebels killed many civilians, including men, women, and children, while there were also reports of the rebels harassing and stealing from the locals. According to one resident, "The rebels are worse than rats. Nato is the same as Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...

." According to another local woman, "We lived in democracy under Muammer Gaddafi, he was not a dictator. I lived in freedom, Libyan women had full human rights. It isn't that we need Muammer Gaddafi again, but we want to live just as we did before." A local elderly woman stated "They are killing our children. Why are they doing this? For what? Life was good before!"

See also

  • 2011 Libyan civil war
    2011 Libyan civil war
    The 2011 Libyan civil war was an armed conflict in the North African state of Libya, fought between forces loyal to Colonel Muammar Gaddafi and those seeking to oust his government. The war was preceded by protests in Benghazi beginning on 15 February 2011, which led to clashes with security...

  • Al-Gaddafi International Prize for Human Rights
    Al-Gaddafi International Prize for Human Rights
    The Al-Gaddafi International Prize for Human Rights was an annual prize founded by Libyan leader Muammar Gaddafi in 1988.Gaddafi made an initial grant of ten million US$ to the Swiss-based foundation North-South which later administered the prize...

  • Human rights violations in the 2011 Libyan civil war
    Human rights violations in the 2011 Libyan civil war
    The outbreak of the 2011 Libyan civil war has been followed by accusations of human-rights violations by the rebel forces opposed to Muammar Gaddafi, the Armed Forces and NATO...


  • LGBT rights in Libya
    LGBT rights in Libya
    Lesbian, gay, bisexual, and transgender persons in Libya face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal. Beyond the criminal laws, cross-dressing and homosexuality are widely seen as immoral activities.-Criminal laws:The...

  • Women in Libya
    Women in Libya
    -The traditional view of men and women-The social setting of the family significantly affects the circumstances of a wife. Until the discovery of petroleum, and to a lesser degree until the 1969 revolution, conservative attitudes and values about women dominated society...



External links

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