Libya: ICJ makes a submission on Libya’s compliance with the Guidelines on Freedom of Association and Assembly in Africa

Middle East and North Africa
Issue: Advocacy, Civil and Political Rights
Document Type: Legal Submission
Date: 3 April 2024

On 31 March 2024, in response to a Call for Inputs on the Study to Assess the Level of Compliance of National Legislations with the Guidelines on Freedom of Association and Assembly in Africa, the International Commission of Jurists (ICJ) filed a submission on the existing legal framework relating to freedom of association in Libya.

In Libya, during the regime of Muammar Gadhafi (1969-2011), the right to freedom of association was strictly curtailed. In the aftermath of Gadhafi’s ouster in 2011, a period of relative civic freedom until 2014 ensued, during which the 2011 Constitutional Declaration, enshrining the right to freedom of association under Article 15, was adopted. However, armed conflict broke out in Libya in 2014 and since then restrictive laws and decrees have increasingly limited freedom of association.

The ICJ’s submission addresses the questions outlined in the call for inputs, with a special focus on freedom of association:

  • Which laws regulate freedom of association in Libya?
  • Which provisions in Libyan law demonstrate good practices that conform to the Guidelines on Freedom of Association and Assembly in Africa?
  • Which provisions in Libyan law do not conform to the Guidelines on Freedom of Association and Assembly in Africa?
  • What measures would the ICJ propose that the African Commission undertake to enable the Libyan government to effectively implement the Guidelines on Freedom of Association and Assembly in Africa?

Although the ICJ’s submission is only available in English, more information on Libya’s existing legal framework relating to the right to freedom of association is available in the ICJ’s latest question-and-answer briefing: Repressive Frameworks; Continued Attacks, available in English and Arabic.

Download

ICJ’s Response to the Call for Inputs on the Study to Assess the Level of Compliance of National Legislations with the Guidelines on Freedom of Association and Assembly in Africa in English

Contact

Said Benarbia, Director, ICJ Middle East and North Africa Programme, said.benarbia(a)icj.org

Katherine Iliopoulos, Legal Adviser, ICJ Middle East and North Africa Programme, [email protected]

Mohamed Hanafy, Legal Researcher, ICJ Middle East and North Africa Programme, mh(a)icj.org

Juliette Rémond Tiedrez, Legal Researcher, ICJ Middle East and North Africa Programme, juliette.remond-tiedrez(a)icj.org

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