May 19, 2021 | News
The International Commission of Jurists (ICJ) and the Libyan Women’s Platform for Peace (LWPP) on 19 May 2021 convened a webinar on ‘Advancing women’s human rights in the constitutional reform process in Libya’.
The webinar was moderated by Zahra’ Langhi, co-founder and director of LWPP, with speakers: Jaziah Shaitier, Professor at the Criminal Law Department, University of Benghazi; Ibtisam Bahih, member of the Constitution Drafting Assembly; Nahla Haidar, Vice-Chair of the UN Committee on the Elimination of Discrimination against Women and an ICJ Commissioner from Lebanon; and Azza Maghur, a Libyan lawyer.
In her opening remarks, Zahra’ Langhi stressed that advancing women’s rights in in the constitutional reform process should not be limited to the protections of women’s rights in the draft Constitution, which were any way inadequate, but also the effective the participation of women in the entire constitutional-making process
Jaziah Shaitier focused her remarks on the limitations the Constitution:
“I had hoped that the constitutional process that followed the Revolution would state clearly that any person born to a Libyan father or a Libyan mother would be Libyan.”
“Libya needs gender-inclusive constitutional provisions, and implementing laws that would protect women against all forms of violence”, Shaitier said.
Langhi pointed out that Libyan women who are married to non-Libyans cannot even access essential COVID-19 vaccines.
Nahla Haidar spoke of the importance of states to comply with their obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), a treaty to which Libya is a party:
“Sharia’s place within the Constitution should be made clear, otherwise there would be no need for a Constitution at all.”
Haidar also stressed the need to address problematic provisions in the Libyan Draft Constitution, including draft discriminatory provisions and provisions perpetuating stereotypes about the role of women and men in society and in the family. “Women may also choose not to start a family at all, and that should not have any bearing on the enjoyment of their rights.”
Azza Maghur highlighted the inadequate representation of women in the Libyan constitutional process:
“Libyans dreamed of a Constitution that is theirs, one that guarantees rights and liberties. The representation of women was not adequate.”
A member of the Constitution Drafting Assembly herself, Dr Ibtissam Bahih, highlighted how the process had failed Libyan women, and how the need for reform was as urgent as ever.
You can watch the full webinar here.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Mar 16, 2021 | Advocacy, Non-legal submissions
Today, during a debate on the outcome of the Universal Periodic Review of Libya, the ICJ called on Lybian authorities to bring the country’s criminal legislation in line with international law, in particular by defining clearly crimes under international law.
The statement reads as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes Libya’s acceptance of the recommendation to cooperate fully with the Independent Fact-Finding Mission on Libya and ensure that it has unfettered access throughout the country’s territory (148.7-8, 148.11-17).
The ICJ regrets that Libya has only taken note of – as opposed to accepting ‒ Estonia’s recommendation (148.80) to bring the Penal Code in line with international standards, and Libya’s rejection of Zambia’s recommendation (148.70) to define crimes under international law in Libya’s domestic legal system clearly.
Libyan domestic law fails to criminalize: arbitrary deprivation of life; torture and other ill-treatment; enforced disappearance; rape and other forms of sexual and gender-based violence; slavery; war crimes; and crimes against humanity, in line with international law and standards.
The ICJ further welcomes Libya’s acceptance of the recommendations (148.144-146, 148-149, 151-161, 165-166) to investigate effectively crimes under international law and bring perpetrators to justice.
The ICJ expresses concern, however, at the prevailing impunity in the country. Crimes under international law are not being effectively investigated and prosecuted, largely because of the absence of political will, inadequate resources, and the frequent threats against justice actors, particularly by armed groups.
The ICJ also regrets that Libya failed to accept the recommendations of: Ukraine (148.25); Costa Rica (148.31); Cyprus (148.32); France (148.33); the Holy See (148.34); Liechtenstein (148.35); Namibia (148.36); Portugal (148.37); Rwanda, Croatia and Slovakia (148.37); Argentina (148.38); Australia (148.39); Honduras (148.40); Iceland (148.41); Italy (148.42); and Latvia (148.43). These recommendations call on Libya to establish a moratorium on executions, and to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights with a view to abolishing the death penalty. The death penalty constitutes a violation of the right to life and of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Vito Todeschini, Legal Adviser, ICJ MENA Programme, e: vito.todeschini(a)icj.org
Mar 2, 2021 | News
Justice and accountability in Libya can only be achieved if activists and lawyers fully engage with and support the UN Independent Fact-Finding Mission on Libya (FFM) in documenting and collecting evidence of serious violations in the country, the ICJ said today.
To facilitate such engagement, the ICJ’s Question and Answer (Q&A) published today provides guidance for Libyan and international civil society actors on:
- the role and mandate of the FFM;
- the FFM’s relationship with other accountability mechanisms, such as the International Criminal Court (ICC);
- what the FFM may be expected to achieve; and
- how to engage with the FFM.
“The success of the FFM’s mandate rests largely on its ability to establish the facts about and collect evidence of violations and abuses of international human rights and humanitarian law perpetrated in Libya.”
“We urge lawyers, activists and civil society actors to fully support the FFM in achieving these objectives and bringing about the accountability that has so far eluded Libya.”
– Said Benarbia, the ICJ’s MENA Programme Director.
The FFM was established by the UN Human Rights Council on 22 June 2020 through resolution 43/39. Its mandate includes:
- Establishing facts and circumstances of the human rights situation throughout Libya;
- Collecting and reviewing relevant information;
- Documenting alleged violations and abuses of international human rights law and international humanitarian law, including any gendered dimensions of such violations and abuses; and
- Preserving evidence with a view to ensuring that perpetrators be held accountable.
While the FFM cannot conduct criminal investigations or prosecute individuals, the evidence preserved may be used by Libyan judicial authorities, the ICC, and third countries exercising universal jurisdiction.
The FFM has issued a call for submissions of relevant information and materials, the deadline for which is 30 June 2021.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org
Vito Todeschini, Legal Adviser, ICJ Middle East and North Africa Programme; t: +216 53 334 679, e: vito.todeschini(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme; e: Asser.Khattab(a)icj.org
Download
Q&A on the UN International Fact-Finding Mission in English and Arabic.
Press Release in English and Arabic.
Feb 17, 2021 | News
17 February 2021 marks the tenth anniversary of the Libyan revolution.
Back then, protestors had taken to the streets calling for an end to Gadhafi’s authoritarian rule: a regime beset by the commission of widespread and systematic gross human rights violations, including arbitrary arrest and detention; enforced disappearances; torture and other ill-treatment; the oppression of women, minority groups, political dissidents and government critics; and the curtailment of freedom of expression, association and assembly.
Libyans who supported the 2011 revolution hoped it would usher in a nascent democracy and present an opportunity to address the country’s bleak legacy. A decade on, however, the pursuit of justice and accountability remains unfulfilled, and the cycle of impunity unbroken, as a multitude of State actors and armed groups continue to perpetrate crimes under international law, including against thousands of migrants, refugees, asylum seekers and stateless persons.
Attacks against human rights defenders, lawyers and activists, including extrajudicial executions, enforced disappearances and torture, are pervasive, particularly so against women. The post-2011 period has also witnessed an increasingly brutal crackdown on civil society, journalists and bloggers, in addition to the violent suppression of peaceful protests through excessive use of force and arbitrary arrests.
Against a backdrop in which domestic accountability efforts are hindered by cycles of violence, weak and ineffective law enforcement agencies, and by the arbitrary exercise of policing and detention powers by armed groups, international efforts to fight impunity in the country are underway. The Office of the Prosecutor of the International Criminal Court (ICC) is currently investigating some of the crimes under international law committed after 2011, including war crimes committed in the context of armed conflicts. However, certain individuals against whom ICC arrest warrants have been issued, including Mahmoud Al-Werfalli, remain at large.
In June 2020, the UN Human Rights Council established an International Fact-Finding Mission (FFM) tasked with investigating violations and abuses of international human rights law and international humanitarian law committed by both State and non-State actors in Libya since 2016. The FFM’s work will be key in addressing impunity in the country and will complement national efforts to address the accountability vacuum.
The country’s interim executive, selected by the Libyan Political Dialogue Forum on 5 February 2020, and any future elected government must put the peoples’ demands for justice and accountability at the forefront. In particular, the Libyan authorities must commit to implementing a transitional justice process, neglected so far, that could genuinely pursue accountability, and guarantee full participation of victims and the public in the process, and thereby realize the right to truth and reparations of the victims of past and ongoing human rights violations and abuses.
To this end, the International Commission of Jurists and the Defender Center for Human Rights call on the Libyan authorities to:
- Guarantee freedom of assembly, association and expression of all persons, and protect human rights defenders, activists and journalists from reprisals and unwarranted prosecutions;
- Protect all persons from arbitrary arrest and detention, extrajudicial executions, torture and other ill-treatment, and enforced disappearances;
- Effectively investigate and prosecute crimes under international law, and ensure that no amnesty, immunity or statute of limitations apply to such crimes;
- Reform the security sector to ensure effective civilian oversight over security and armed forces;
- Set up a concrete plan to disband and disarm all militias and armed groups;
- Guarantee the independence of the judiciary, the respect of international fair trial standards, and refrain from trying civilians before military tribunals;
- Protect refugees, asylum seekers, stateless persons and migrants in line with international law;
- Ensure that the right to an effective remedy and adequate reparations are granted to victims of human rights violations;
- Cooperate fully with the ICC and support their efforts to obtain custody of any suspects;
- Provide the FFM with full support and access to victims, witnesses and any other interested persons throughout Libya’s territory.
Download
Libya-Impunity-Joint-Statement-2021-ENG (English)
Libya-Impunity-Joint-Statement-2021-ARA (Arabic)
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme; e: Asser.Khattab(a)icj.org
Nov 12, 2020 | News
The ICJ, the Cairo Institute for Human Rights Studies (CIHRS), the Defender Center for Human Rights (DCHR), Lawyers for Justice in Libya (LFJL) and the Libyan Women’s Platform for Peace (LWPP) have issued today a joint statement on the assassination of lawyer and political activist Hanan al-Barassi .
The undersigned human rights groups are appalled by the assassination of lawyer and political activist Hanan al-Barassi in Benghazi on 10 November 2020, and call on the competent authorities to launch an independent, impartial and effective investigation into the killing and bring those responsible to justice through fair trials.
On 10 November, a group of unknown armed men shot al-Barassi in Benghazi city centre in broad daylight. Al-Barassi was known for her political engagement and criticism of the human rights violations and abuses and corruption allegedly committed by authorities in Eastern Libya and their affiliated militias. Al-Barassi was active on social media, and often posted videos on Facebook in which she criticised the Libyan Arab Armed Forces (LAAF). Her last video was posted a few hours before her killing.
Al-Barassi’s murder follows a disturbing pattern in recent years of violent attacks against prominent women activists who are critical of the authorities and affiliated militias. In June 2014, gunmen assassinated prominent human rights activist and lawyer Salwa Bugaighis. This was followed by the killing of former Derna Congress member Fariha Al-Berkawi on 17 July 2014, and human rights activist Entisar El Hassari on 24 February 2015. Women’s rights defender and member of the Tobruk-based House of Representatives Seham Sergiwa was abducted from her home by armed men on 17 July 2019, and her whereabouts remains unknown.
The failure of Libyan authorities to effectively investigate these attacks, despite public commitments to do so, has created an environment of impunity, in which women are frequently targeted, both online and offline, with threats, smear campaigns and violence for their political or human rights views. Al-Barassi’s assassination is also a stark demonstration of how online violence against women can carry over to have lethal consequences on the ground.
Such atrocities are prevalent in Libya today. The pattern of violence including enforced disappearances and assassinations of activists, human rights defenders, judges and journalists across the country is alarming, and will only continue in the absence of any effective, independent and impartial investigations. Addressing these crimes by holding the perpetrators to account must be a priority, including within any political process.
Al-Barassi’s killing has taken place as the Libyan Political Dialogue Forum (LPDF) continues talks aimed at ending the conflict and preparing for national elections, underscoring the importance of ensuring accountability and justice in the country. There can be no meaningful democratic transition in Libya until the basic security and human rights of the population are guaranteed.
Given the absence of any real commitment to effectively investigating ongoing crimes under international law being committed in Libya, the newly established Independent Fact-Finding Mission (FFM) on Libya must be urgently provided with the necessary resources to begin its investigations and preserve evidence without delay. We urge the Libyan authorities to fully cooperate with the FFM, and UN Member States to swiftly provide the needed support and adequate resources.
Signatories
- International Commission of Jurists (ICJ)
- Cairo Institute for Human Rights Studies (CIHRS)
- Defender Center for Human Rights (DCHR)
- Lawyers for Justice in Libya (LFJL)
- Libyan Women’s Platform for Peace (LWPP)
Find the Joint Statement in Arabic and English here:
Lybia-Hanan_Albarassi -JointStatement-2020-ARA
Lybia-Hanan_Albarassi -JointStatement-2020-ENG
