 |
Freedom of Association in LIBYA |
Summary Report
| Political, democratic and human rights specific contexts |
| Legislation |
Political, democratic and human rights specific contexts
The political system of Libya is unique and, within the Euro-Mediterranean region, highly differentiated by the fact that it does not have an independent civil society. The number of restrictions and limitations to the exercise of freedom of association is extremely high.
On September 1, 1969, a military coup (known as the al-Fatih Revolution) led by colonel Muammar al-Qadhafi overthrew King Idris and abolished the monarchy. Initially, the country was governed by a Revolutionary Command Council (RCC) which proclaimed the Libyan Arab Republic. On December 11, 1969, the RCC issued a Constitutional Proclamation that guaranteed fundamental rights, such as the rights to work, to health, to education, to religious freedom and to the inviolability of one’s home. However, in the case of the freedoms of expression and opinion, the Proclamation stated that they were guaranteed “within the limits of public interest and the principles of the Revolution”. In 1971, the RCC established the one-party system under the name of Arab Socialist Union (ASU). This was to be confirmed by a law adopted in 1972, known as Law 71. This law prohibits all political entities or groups from advocating any other doctrine and principles than those of the al-Fatih Revolution of 1969. Article 3 of Law 71 provides for the death penalty for individuals who create, join or support political groups prohibited by law. Hundreds of Libyans have been imprisoned, and some condemned to death, for having contravened that rule.1
On April 15, 1973, in the course of a public celebration in Zwara, Qadhafi expounded his five-point program (al-Niqat al-Khams) “to further the Al-Fatih Revolution”. This program proclaims the necessity of a “cultural revolution” to allow the Libyan people to govern themselves. However, the second of the five points is devoted to the suppression of any political party or group that pursues ideals that are at variance with those of the Revolution. Furthermore, it criminalizes any form of cooperation with these groups, some of which are explicitly assimilated to enemies of the State, such as communists, atheists, members of the Muslim Brotherhood, advocates of capitalism and agents of Western propaganda.
In the Green book published in 1975, Qadhafi rejected the concept of representative democracy and called for the establishment of a system of direct democracy based on “people’s committees”. In reality, these “people’s committees” have become a tool for oppression in the hands of an autocratic regime.
In order to project a more acceptable image of the regime internationally, the People’s General Congress adopted in June 1988 a “Green Charter of Human Rights of the Jamahiriya Era”. That Charter promoted the independence of the judiciary, freedom of thought, gender equality and prohibited any penalty that violated the dignity and the integrity of the individual (the abolition of the death penalty was even envisioned).
During the last three years, the Libyan government has adopted a series of measures aimed at convincing the international community that Libya was making genuine progress in the field of human rights. For instance, the People’s general committee for public security and justice was divided in two separate departments, with the aim of guaranteeing the independence of the judiciary. The People’s Court, which had become notorious for its systematic violation of the right to a fair trial, was dissolved in 2005. The latest measure taken was the freeing of long-term political prisoners, including 86 members of the Muslim Brotherhood. However, Qadhafi and his entourage appear little inclined to implement a real reform, in particular as regard to the freedoms of expression and association, which would threaten to lessen their grip on power, which has lasted more than three decades.
Generally, the government maintains that in a political system where “People’s power” is paramount, the freedoms of association and assembly are unnecessary. Only associations that “defend the professional interests of their members” are authorized. In practice, the few associations in existence are tightly controlled by the revolutionary committees. Workers’ representation is limited to the National Federation of Labour Unions, the Federation of Chambers of Commerce, the Federation of Chambers of Trade, the Federation of Chambers of Agriculture, and the General Federation of Producers Labour Unions, all closely supervised by the government.
Libya has signed all major United Nations conventions on human rights. It is clear that adherence to those instruments has remained a dead letter when one looks at the internal legislation and the ongoing practices of the authorities. Furthermore, Libya has made major reservations when it signed a number of those conventions, in particular regarding commitments deriving from the Convention on the resolution of conflicts between states and the Convention on the elimination of all forms of discrimination against women (only applied “in conformity with Islamic Law”). A certain number or reservations pertain to Israel. Finally, Libya has often refused to allow specialized agencies of the United Nations to make evaluation visits to the country.
At the regional level, Libya is also a signatory state of several human rights instruments, in particular the African Charter on Human and People’s Rights, the African Charter on the Rights and Welfare of the Child, the Arab Charter on Human Rights, the Protocol of the African Charter on Human and People’s Rights setting up the African Court on Human and People’s Rights, as well as the Protocol of the same Charter on Women’s Rights in Africa.
Article 6 of the Great Green Charter on Human Rights states that the people are “free to form unions, trade unions and leagues to defend their professional interests”.
Article 8 of Law 20 on the strengthening of freedoms (1991) guarantees freedom of expression and states that citizens shall not be prevented from exercising the right to express their opinion in public, unless they abuse that right in order to elude the People’s authority or for personal ends. It also states that it is prohibited to promote ideas and opinions secretly or to attempt to impose such ideas and opinions by way of incitation, force, intimidation or fraud. Article 9, which guarantees freedom of expression, states that citizens are free to set up and join unions, leagues, social and professional federations and charitable associations in order to protect their interests or achieve the legitimates objectives for which those institutions were established. That law was never implemented in practice.2
The Law on the code of honour, adopted in March 1997, authorizes the collective punishment of tribes, families and communities that have protected or assisted individuals or groups guilty of terrorism, acts of violence, illegal possession of weapons or attempts to subvert “People’s power”. Furthermore, various restrictions written down in the Constitutional Proclamation of 1969, the Declaration of People’s Power, the Charter of Human Rights, Law 20, as well as other laws, prohibit the formation of associations based on an ideology at variance with the principles of the al-Fatih Revolution. For instance, Law 71 of 1972 prohibits the formation of any group that promotes ideas that undermine the Revolution, and provides for the death penalty for anyone who creates, joins or supports an association prohibited by law (Article 3). The Penal Code also provides for the death penalty for anyone who supports, creates, joins, administers or finances any group or association prohibited by law or whose objectives or activities undermine the government. Anyone who promotes in any way principles or theories that aim at altering the existing system of government is liable to 10 years imprisonment.
Freedom of association is now governed by Law 19 of 2003, which amended Law 111 adopted in 1970.
1 – Does the system allow for non-declared or unincorporated associations?
Undeclared or unregistered associations are not allowed in Libya.
2 – Is the registration system based on licensing or simple information/notification?
Different bodies have authority over the registration process depending on the type of association (regional, national or international). A regional association must lodge a request with the regional People’s General Congress, while a national association must lodge a request with the secretariat of the General People’s Congress. An international association must apply to the People’s General Congress.
3 – What are the bases upon which registration can be rejected (e.g. race, security, religion, politics)?
The registration request may be rejected if the objectives of the association contravene the principles of the Revolution.
4 – How easy or difficult is the registration (e.g. time, cost, number of incorporators)?
Under Law 19 of 2003, an association must present a registration document signed by all founding members, who must number at least 50. A fee of 50 dinars must be paid for each request.
5 – Are there effective remedies in the cases where registration is denied, delayed (e.g. judicial, administrative)?
There are none.
An association may be suspended for any activity that contravenes the principles of the Revolution. Article 30 of Law 19 states that the security unit of the People’s General Committee (PGC), or that of the local People’s Congresses, have the power to supervise the activities of any association. The security unit may suspend any decision taken by the association or its executive committee. The same law allows the PGC to set up a committee to run the association if its executive committee is dissolved. The secretary of the GPC or that of the local People’s Committee may merge several associations if they pursue the same goal, without having to inform their members. In preparation for such an amalgamation, they may close down the premises of an association for a maximum period of 30 days. The Revolutionary Committees, “protectors of the Revolution”, have the power to dissolve any association that they consider a threat to the “authority of the people”.
1 – What is the extent of the freedom of members to draft and amend their own statutes and by-laws and to determine their own object (Are such documents imposed? to what extent?)
Members of an association may draft and amend their own statutes and rules and determine the goal and objectives of their association, provided those goals are not at variance with the principles of the Revolution. In other word, associations may exist as long as they do not undermine in any way the orientations, policies and action of the government. In practice, the statutes and rules of an association that do not promote the principles of the Revolution are seen as illegal. Such restrictions do not allow for the establishment of independent associations. All existing associations are linked directly or indirectly (through government-controlled unions) to the government. The revolutionary committees supervise and control all the activities of the associations.
2 – How strict is the level of freedom of members to adhere to or leave associations?
Article 5 of Law 19 stipulates that members of an association may leave the association at any time. In fact, that provision is seldom respected. The revolutionary committees’ main task is to incite the population to participate to the Revolution. They therefore pressure the population to join official associations, and rely on coercive practices to achieve that goal (risk to lose one’s job, black lists, impact on family members, threats, social pressure, etc.).
3 – Is there any interference in the corporate bodies: e.g. attendance of meetings (Board, General assemblies) by “supervisors”, elections?
The government may interfere with the internal rules of associations and impose its own management team and protocols, disregarding the statutes and rules of the association, as well as the wishes of its members. This interference occurs through the revolutionary committees or government-controlled federations.
4 – Are there any interference in the freedom of associations to decide on projects and activities? If yes, how and why?
The freedom to decide on projects and activities is restricted by the fact that those may not contravene or be at variance with the principles of the Revolution.
5 – Is the association’s right to freely assemble or organize private and public meetings, to move freely (including international travel) restricted in any way?
Libyan associations may not organize private or public meetings without the prior authorization of the government. Moreover, any travel on behalf of an association (at the regional, national and international level) is also subject to prior authorization.
6 – Are associations subjected to specific limitation on their right to freely communicate (e.g. access to media, publish and develop internet sites)?
Associations do not have free access to the media, nor the right to publish or develop internet sites. All these media are tightly regulated and controlled by the government.
7 – Is the freedom of associations to cooperate and network with others limited (both domestic and international)?
Associations may cooperate and establish network with other associations inside Libya. However, cooperating and networking with international associations is tightly controlled. Article 208 of the Penal Code makes provision for a prison sentence for anyone who set up an international association in Libya without prior authorization. Anyone who creates, organizes or run an international association in Libya by supplying false information faces the same penalty.
1 – Are there any limitation on the right of associations to receive and own property and funds? How?
Law 19 clearly set forth the rules pertaining to the right of associations to receive funds. While Article 11 states that the budget of the associations is made of annual membership fees, the income from its activities and of donations, Article 15 prohibits an association from raising funds by any mean, except at the time of its formation.
2 – Are there specific limitations on receiving foreign funds?
Libyan associations are not allowed to receive funds from foreign sources without prior authorization by the government. The government is very suspicious of any foreign funding.3
3 – Do associations benefit from tax benefits? Under what conditions?
Law 19 is silent regarding any tax benefits for associations.
4- Are public funds made available to associations? How? Are these processes prone to discrimination?
All existing associations are financed by the government.
Control authority, Governance and Transparency
1 – Are accounts and other information transparently available to the public?
The law does not require the associations to make their accounts public. On the other hand, they must make those accounts available to the secretary of the local People’s Congress or the secretary of the People’s General Congress (PGC).
[1] Human Rights Watch, « Libya: Words to Deeds, The Urgent Need for Human Rights Reform », January 2006 p.13. See http://hrw.org/reports/2006/libya0106/libya0106web.pdf. Back to text
[2] Human Rights Watch, « Libya: Words to Deeds, The Urgent Need for Human Rights Reform », January 2006, p. 7. See http://hrw.org/reports/2006/libya0106/libya0106web.pdf Back to text
[3] Ibid. p. 43. Back to text
Salem A. Salem al-Hasi
"there is no functioning civil society in terms of independent organizations..." Read the interview
