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TITLE: LIBYA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LIBYA*
The Great Socialist People's Libyan Arab Jamahiriya is a
dictatorship ruled by Major General (formerly Colonel) Mu'ammar
Al-Qadhafi, aided by extragovernmental Revolutionary Committees
operating at his behest. The governing principles of the
society are expressed in Qadhafi's "Green Book" rather than in
a constitution. He has created a political system borrowing
from pan-Islamic and pan-Arab sources and purporting to
establish a "third way" superior to both capitalism and
communism. In the past, he has used assassination and
intimidation as ways to control his enemies abroad; at home he
continues to use a variety of summary judicial proceedings to
suppress any popular resistance. Ethnic minorities, such as
Berbers, are tightly controlled, and the Government continues
its campaign against banned Islamic groups.
Libya maintains an extensive security apparatus, consisting of
several elite military units, including Qadhafi's personal
bodyguards. The local Revolutionary Committees and People's
Committees also have security functions, designed to monitor as
well as protect the populace. The result is multilayered,
pervasive surveillance and control of individual activities.
Limited privatization continued in 1993, with government
decrees legalizing private wholesale trade and the sale of some
parastatal assets. State domination of the economy is assured,
however, by complete government control of Libya's rich oil
resources, the principal source of foreign exchange. Libya has
used part of its oil income to finance internal development
(new schools, hospitals, roads), but much has been wasted.
There continued to be little change in the human rights
situation in 1993, and most rights remain tightly restricted.
There are no effective rights to freedom of speech, including
expression of views opposing those of the Government, to
peaceful association or assembly, to formation of trade unions,
or to strike. Citizens do not have the right to change their
government. Personal rights, such as the right to be
considered innocent unless proven guilty, to a public and
speedy trial, to legal counsel, to be secure in one's home or
person, or to hold property, are also strictly limited.
*Because the United States has no Embassy in Libya and because
the regime strictly limits access to information, it is
difficult to comment authoritatively on conditions in Libya.
RESPECT FOR HUMAN RIGHTS
Section l Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Opposition sources claim approximately 300 military personnel
were killed in a failed "coup attempt" in mid-October.
A large number of offenses, including political offenses and
"economic crimes," are punishable by death under Libyan law.
For example, Law No. 71 of 1972 provides for the death penalty
for anyone involved with any group activity based on any
ideology opposed to the principles of the revolution. Despite
his longstanding stated intentions, General Qadhafi has not
acted to abolish the death penalty for this offense. To the
contrary, in the September 1991 Consolidation of Liberty Law
No. 20, Article 4 stipulates that the death penalty may be
imposed on "those whose lives constitute a threat or cause
depravity to society."
b. Disappearance
There were no reports of disappearance in 1993 (but see Section
1.c.).
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although Libya is a party to the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, prisoners are reportedly tortured during
interrogations or for discipline. There were no confirmed
reports of torture in 1993; it is impossible to say to what
extent torture was used in 1993 because of the tight controls
maintained by the Government concerning such information.
Foreign workers, particularly from sub-Saharan Africa, have
been the target of periodic detentions and alleged torture.
Many prisoners are held incommunicado, which makes confirmation
of torture difficult.
Methods of torture reportedly include: chaining to a wall for
hours, clubbing, electric shock, corkscrews in the back, lemon
juice in open wounds, breaking fingers and allowing the joints
to heal without medical care, suffocation using plastic bags,
deprivation of food and water, and beatings on the soles of the
feet. Libyan law calls for fines against any official using
excessive force, but there are no known cases of prosecution
for torture or abuse.
In April General Qadhafi publicly called for a stricter
application of Koranic law, or Shar'ia. He criticized the
leniency of judicial punishments, recommending legislation to
mandate amputation for thievery and public whipping for
adulterers. There was no evidence that these recommendations
were enacted into law.
d. Arbitrary Arrest, Detention, or Exile
Under Libyan law, detainees may be held incommunicado for
unlimited periods. Many political prisoners are held in
unofficial detention centers, controlled by members of the
Revolutionary Committees, where prolonged periods of
incommunicado detention are common. Many allegedly are held
without charge or trial, apparently as an example to other
would-be opponents of the regime. There continued to be
reliable reports that between 400 and 500 political detainees
were still being held, most of whom were arrested after a
limited amnesty was proclaimed in 1988. Some opponents of the
regime claim the Government repeatedly detains thousands more
for periods too brief (3 to 4 months) to permit confirmation by
outside observers. While undergoing interrogation, sometimes
for periods of several months, prisoners are given no access to
legal representation. Foreigners have also been subject to
arbitrary arrest and torture. There have been credible reports
that some foreign workers in Libya have been forced into
military training and military service on behalf of Libya or
coerced into subversive activities against their own countries.
Exile is not a form of punishment practiced in Libya; to the
contrary, General Qadhafi seeks to pressure Libyans working or
studying abroad to return to Libya. The regime does, however,
arbitrarily expel noncitizens (see Section 6.e.).
e. Denial of Fair Public Trial
Most civilians are tried in regular courts, but their cases may
be referred to less formal "people's courts" or to military or
revolutionary courts, depending on the arbitrary decision of
the security forces. Security forces have the power to judge
persons guilty without trial, particularly "traitors to the
people." Some trials are held in private or in the absence of
the accused.
An 1981 law prohibits the private practice of law and makes all
attorneys employees of the Secretariat of Justice. Libya
claims it "guarantees prisoners all necessary means of defense
and safeguards of justice adequate to the principles contained
in the Universal Declaration of Human Rights" and provides for
legal assistance "as soon as possible with respect to the
exigencies of interrogation." This claim notwithstanding,
there continued to be credible reports that these rights are
denied.
Alleged political offenses have at times been tried before ad
hoc revolutionary courts rather than by civilian courts, with
opportunities to engage defense counsel severely restricted. A
number of these trials have been held in secret. Despite the
regime's announcement of their abolition in 1988,
"extraordinary" courts are still in operation and have been
publicly discussed in the case of Islamists. Of the 400 to 500
political prisoners believed to be held in Libyan prisons, most
were never formally charged or tried.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not respect the right to privacy. The
legal requirement that judicial warrants be obtained before
entering a private home is often disregarded. Local and
international telephone calls are routinely monitored. The
security agencies and the Revolutionary Committees oversee an
extensive informer network. Libyan exiles report that mere
family ties to suspected regime opponents can result in
harassment or even persecution and detention by the
authorities. Property may be seized and burned if it belongs
to "enemies of the people" or those who "cooperate" with
foreign powers.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The authorities tolerate some difference of opinion in People's
Committee meetings and at the General People's Congress but in
general severely limit freedom of speech. This is especially
true with regard to criticism of General Qadhafi or his
regime. Infrequent media criticism of regime members or
policies is interpreted as orchestrated attempts to test public
reactions or as efforts to weaken the popular support of
General Qadhafi's potential challengers within the Government.
Political speech is repressed through legislation banning all
political activities not sanctioned by the Government,
including the nonviolent expression of conscientiously held
beliefs. The legislation that makes the dissemination of
"hostile information" a crime is so all-encompassing that
almost any form of expression may be deemed illegal. Fear of
being informed upon by elements of the Revolutionary Committees
and an underlying climate of mistrust at all levels of society
further inhibit freedom of speech.
Libyan media are owned and controlled by the State. There is a
state-run daily newspaper, with a circulation of 40,000. The
Revolutionary Committees publish several smaller newspapers.
JANA, the official news agency, is the designated conduit for
official views. Publishing opinions contrary to government
policy is not permitted. Newsweek, Time, the International
Herald Tribune, and Express Jeune Afrique are available but are
routinely censored. There are strict controls on foreign
publications at the Tripoli airport. Foreign broadcasts can be
received.
b. Freedom of Peaceful Assembly and Association
Public assembly is repressed unless it is government controlled
and supportive of regime positions. The right of association
is limited and granted only to institutions affiliated with the
regime. According to Law No. 71 of 1972, party activities
constituting "treason" are punishable by death. Offending
activities include "any grouping, organization, or formation,
of whatever kind or number, which is based on a political
concept opposed in its aims to the principles of the
Revolution." Organizations such as independent trade unions
and professional associations are viewed as unnecessary, since
General Qadhafi has vowed not to "accept intermediaries between
the revolution and its working forces."
In spite of these restrictions, worsening economic conditions
and growing dissatisfaction with government performance
prompted several informal protest meetings.
c. Freedom of Religion
Libya is overwhelmingly Muslim. In an apparent effort to
eliminate all alternative power bases, the regime has banned
the once-powerful Sanusiyya Islamic religious sect. In its
place, General Qadhafi established the Islamic Call Society
(ICS), which became the outlet for state-sanctioned religion as
well as a tool for exporting the Libyan revolution abroad. In
1992 the Government announced the disbandment of the ICS;
however, recent public statements by the ICS suggest it remains
active. Islamic groups at variance with the state-sanctioned
version are banned.
Members of some minority religions (e.g., Christianity) are
allowed to conduct services. Services in Christian churches
are attended by the foreign community. There is a resident
Catholic bishop operating two churches with a small number of
priests. Nuns reportedly are permitted to wear religious
habits.
General Qadhafi's domestic campaign against banned Islamic
groups continued in 1993, with frequent arrests of suspected
members and sympathizers and public denouncements of the
groups. There was one unverified report that General Qadhafi
forced orthodox Muslims at one mosque to shave (as a form of
public humiliation) after Friday services. Those who refused
were allegedly arrested. A majority of the political detainees
in Libya are reported to be associated with banned Islamic
groups.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
With the exception of security areas, movement is not usually
restricted for Libyan citizens. Traditionally, exit permits
have been required for travel abroad, and currency controls
have also served to restrict travel. Women must have their
husband's permission for them or their children to travel
abroad.
In 1991 Libya and Egypt agreed to allow the unrestricted travel
of their nationals across their mutual border, and thousands of
Libyans reportedly go back and forth regularly. This travel,
as well as travel from Libya to Tunisia, increased in 1993 as
Libyans began to feel the full impact of the international air
embargo. However, the Libyan Government tightened border
controls in October, apparently as a form of political
retaliation against neighboring states for their enforcement of
U.N. sanctions against Libya.
The Revolutionary Committees maintain surveillance of some
Libyans while they are abroad. Libyan nationals' right of
return is theoretically fully protected, even for opponents of
General Qadhafi. However, this "right" may be more nearly an
obligation; the regime often calls on students, many of whom
receive a government subsidy, and others working abroad to
return on little or no notice and without regard to the impact
on their studies or work. Libyans who study abroad are
interrogated on their return home. A number of Libyans,
including most exiled opposition leaders, refuse to return.
Opposition activists claim Libyan agents in Cairo abducted, and
possibly murdered, former Libyan Foreign Minister and prominent
opposition figure Mansur Kikhya in December. Qadhafi also
called publicly for the murder of regime opponents.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people of Libya have no right to change their government.
Major government decisions are controlled by General Qadhafi, a
few key associates, or by committees acting in his name. He
appoints military officers and official functionaries down to
junior levels. Power flows through a small circle of trusted
associates. Corruption and favoritism (partially based on
tribal origin) are major problems, adversely affecting the
efficiency of government.
Political parties and tribal or local groupings are
prohibited. Participation in elections is mandatory, and all
candidates are approvedd by the Revolutionary Committees.
Candidates may not be "merchants, contractors, tribal
advocates, election brokers, officials of the former (pre-1969)
government, or people who have been attacked by the power of
the revolution."
Popular participation in government is theoretically provided
by the grassroots People's Committees, which send
representatives annually to the national General People's
Congress (GPC). In practice, the GPC is a rubberstamp
assembly, approving all recommendations made by General Qadhafi.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No independent human rights organizations are permitted to
function. The Libyan Arab Human Rights Committee, a government
organization, was created in May 1989. However, there are no
reports of any activities by the Committee.
Libyan officials last met with Amnesty International (AI)
representatives during a June 1988 visit. Since then, the
Government has repeatedly refused to reply substantively to
AI's appeals on behalf of political detainees in Libya. The
Government did not respond to requests for visits by AI in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Women's rights are restricted both by law and by the
conservative Islamic attitudes of Libya's society. There were
credible reports in 1993 of women being harassed or briefly
detained for their manner of dress or for approaching a man in
public without a male escort.
General Qadhafi has led efforts to improve the status of women
and expand their access to educational and employment
opportunities. With some exceptions, women currently receive
basic military training and are subject to the military draft.
No information is available on the extent to which violence
against women is a problem in Libya.
Children
The Government provides subsidized medical care and education,
improving the welfare of children over the past 25 years.
Declining revenues and general economic mismanagement, however,
is leading to cutbacks, particularly in medical services.
Female circumcision, which has been condemned by international
health experts as damaging to physical and mental health, is
reportedly still practiced among tribal groups in remote areas
of the south.
National/Racial/Ethnic Minorities
Arab-speaking Muslims of mixed Arab and Berber ancestry make up
97 percent of Libya's population. The principal non-Arab
minorities are Berbers and blacks. There are frequent
allegations of discrimination based on tribal status,
particularly against Berbers in the interior and Tuaregs in the
south. In past years, General Qadhafi sought unsuccessfully to
assure that Berbers married only non-Berbers, presumably in an
effort to erode their tribal identity.
In 1991 and 1992, the Government expelled thousands of black
African workers from Libya under circumstances that appeared
discriminatory (see Section 6.e.). Other threatened
expulsions, primarily directed at Tuaregs, appear intended to
exert political and economic pressure on their nations of
origin (see Section 6.e.).
People with Disabilities
No information is available on the Government's efforts to
assist people with disabilities or to indicate whether it has
enacted legislation or otherwise mandated provision of
accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
Workers do not have the right to form or join unions of their
own choosing. The official trade union organization, the
National Trade Unions' Federation, which was created in 1972,
is under government control and administered through the
People's Committee system. Every Libyan worker is required to
join a trade union, but foreign workers are not allowed to
join.
Although unions are assured the right to "safeguard their
interests," there is no right to strike, and no strikes by
Libyan workers have been reported for years. In a June 1992
speech, General Qadhafi stated that workers have the right to
strike but added that strikes do not occur in Libya because the
workers are in control and "can change authority" any time they
wish. Despite this statement, no law authorizes workers to
strike.
With government financing, the official trade union
organization plays an activist role in the International
Confederation of Arab Trade Unions and the Organization of
African Trade Union Unity and exploits international trade
union contacts to engage in propaganda efforts on behalf of the
Government. In November the Arab Maghreb Trade Union
Federation (USTMA) suspended the membership of Libya's trade
union organization. The suspension followed reports that
General Qadhafi had replaced all trade union leaders, in some
cases appointing loyal followers without trade union
credentials.
b. The Right to Organize and Bargain Collectively
Although the Labor Code provides for collective agreements,
with the stipulation that the validity of these agreements must
be subject to government approval, there is no collective
bargaining in Libya.
c. Prohibition of Forced or Compulsory Labor
The comments from the 1992 report of the International Labor
Organization's (ILO) Committee of Experts that "persons
expressing certain political views or views ideologically
opposed to the established political, social, or economic
system may be punished with penalties of
imprisonment...involving...an obligation to perform labor"
remain unchallenged. The same report noted that public
employees in Libya can be imprisoned and sentenced to
compulsory labor "...as a punishment for breaches of labor
discipline or for participation in strikes even in services
whose interruption would not endanger the life, personal
safety, or health of the whole or part of the population." The
Government has repeatedly told the ILO's Conference Committee
on the Application of Conventions and Recommendations that
there have been changes in legislation that abolish these
provisions, but no corroborating evidence has been submitted to
the ILO.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 18. Education is
compulsory to age 15.
e. Acceptable Conditions of Work
Libya maintains a work force of around l,120,000 workers (plus
an additional 1.2 million foreign workers) in a population of
4.4 million. There is a legally mandated minimum wage, which
is adequate to afford a worker and family a decent standard of
living. The legal maximum workweek is 48 hours. Libyan labor
law defines the rights and duties of workers, including matters
of compensation, pension rights, minimum rest periods, and
working hours. A corps of labor inspectors, based in the seven
municipalities of the country, are assigned to inspect places
of work for compliance with legal standards, including
occupational health and safety standards. Certain industries,
such as the petroleum sector, try to maintain standards
originally set by foreign companies.
The labor law does not accord equality of treatment to the
foreign workers in Libya, who do much of the blue-collar and
technical work. Foreign workers may stay in the country only
for the duration of the contracts under which they are
employed. Foreign workers are subject to arbitrary pressures,
such as changes in work rules and contracts, with little option
but to accept or to depart the country, often without full
compensation for work already performed. Conditions of
employment are subject to negotiation between the worker and
the employer. Foreign workers who are not under contract enjoy
no protection.
In the spring of 1990, the Government began expelling thousands
of black African workers, claiming they were in Libya
illegally. Chadians, Nigerians, Nigeriens, Malians, and
Ghanaians were rounded up at their homes or work sites,
detained for varying lengths of time, and returned destitute to
their countries, usually with no warning to their governments.
Press reports in several of these countries have carried
unsubstantiated accounts of arbitrary detention and
mistreatment of these workers by Libyan authorities prior to
their expulsion, as well as of the disappearance of at least 16
workers and the killing, probably extrajudicially, of 1 Malian
laborer. There were continued reports of expulsions in 1992,
and many workers are reported to be detained under difficult
conditions. General Qadhafi reportedly threatened neighboring
states in 1993 with mass expulsions of their nationals from
Libya to exert economic and political pressure on those
states. In November he called for the expulsion of most of the
25,000 Thai workers in Libya. This was apparently in
retaliation for the Thai Government's action to remove
approximately 200 Thai workers from the Tarhunah chemical
weapons project. To date, the Libyan Government has taken no
action against the Thai workers.
[end of document]
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