Libya’s UPR Outcome: ICJ Raises Concerns on Detention Abuses, Women’s Rights, and Migrants

United Nations Human Rights Council 61^st session
Agenda Item 6 – Universal Periodic Review

Oral Statement of the International Commission of Jurists (ICJ) on Libya’s Universal Periodic Review outcome

Mr. President,

Given the continuing widespread and systematic gross human rights violations and abuses in detention, including against foreign nationals, across the country, the International Commission of Jurists (ICJ) welcomes Libya’s acceptance of all the recommendations aimed at ending and preventing arbitrary detention and enforced disappearances and at improving detention conditions. Libya should also strengthen efforts against impunity for detention-related crimes, including by surrendering Mr Almasri Njeem, who is wanted by the International Criminal Court for such crimes.

While hailing Libya’s acceptance of many recommendations aimed at protecting women and girls from discrimination and violence, ICJ is seriously concerned by Libya’s failure to accept to criminalize domestic violence and marital rape, and to repeal discriminatory legislation and Penal Code provisions enabling reduced penalties for “honour killings”, exempting rape perpetrators from liability if they marry their victim, and the criminalization of abortion. ICJ urges the Libyan authorities to reconsider their position on those egregious violations of women’s human rights and to adopt the long-awaited draft law on protecting women from violence.

ICJ also notes with profound concern Libya’s failure to accept several recommendations concerning the human rights of migrants, refugees and asylum-seekers, including ending their arbitrary detention and collective expulsions, the establishment of an asylum system compliant with international law and  the decriminalization of” irregular migration”. In light of the gravity of the violations against non-national in Libya, ICJ urges the Libyan authorities to urgently take steps to end these abuses and uphold international human rights and refugee law.

Mr. President,

While ICJ is encouraged by Libya’s acceptance of all recommendations to adopt a rights-based national reconciliation and transitional justice process and by its recent efforts to this effect, the organization is concerned that such a process may have stalled and thus urges the Libyan authorities to ensure its resumption, including with respect to fully addressing accountability and victims’ rights to justice and reparation.

Thank you.

[Cut for lack of space:] ICJ further deplores Libya’s failure to accept recommendations to repeal unduly restrictive legislation regulating civil society organizations, including Law No. 19 of 2021 and Decree No. 286 of 2019, and Law No. 6 of 2024 on witchcraft, each of which raises serious concerns regarding the right to freedom of thought, conscience and religion.