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Freedom of Association in LIBYA
 
RECOMMENDATIONS
 
The Libyan government is called upon to:
 
1. With regard to the political, democratic and human rights situation
 
  • Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Libya, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
  • Accordingly, initiate a process of reform with the aim of transposing into national law and the institutions of Libya all the international commitments undertaken by Libya;
  • In particular, draft a Constitution respectful of fundamental rights that will be submitted to the Libyan people for approval by referendum on the basis of a secret ballot;
  • Lift all reservations pertaining to a number of provisions of the international conventions signed by Libya;
  • Abrogate all provisions that criminalize the activities of political parties and associations.
 
2. With regard to the laws and practices pertaining to associations and civil society organizations
 
  • Void all the declarations and provisions where it is mentioned that fundamental individual and collective freedoms are guaranteed only “within the limits of public interest and the Revolution”;
  • Void all laws and regulations that are contrary to the spirit and the letter of the International Covenant on Civil and Political Rights (in particular, articles 19, 21, and 22 pertaining to the freedoms of association and expression), among others, Law No. 20 of 1991, the Code of Honour of March 1997, Law No. 71 of 1972 and the provisions of the Penal Code pertaining to the repression of independent associative activities (art. 173, 174, 176, 206, 207, and 208).
 
Formation and Incorporation
  • Reduce to two the number of founding members required to form an association ;
  • Establish a transparent and impartial registration system;
  • Ensure, in particular, that the deposit of a registration request could be proven in various ways (administrative stamp, registered letter with receipt of reception, affidavit drawn up by a bailiff, etc), in order to put an end to the current practice of not following up on request deposits;
  • Ensure that the registration of the modifications to the statutes of an association and changes within its corporate bodies will be governed by the same rules;
  • Ensure that associations have access to judicial remedies against decisions of the authorities.
Dissolution and Suspension
  • Abrogate all provisions that allow the authorities to dissolve an association on the grounds that its activities are “contrary to the principles of the Revolution”, or deemed a threat to “the authority of the people”;
  • Prohibit the authority to arbitrarily order the merge of associations.
Organization and Operations
  • Put an end to the arbitrary interference of the authorities, in particular the revolutionary committees, in the internal affairs of associations, whether that interference is direct or carried on under the guise of judicial proceedings;
  • Authorize associations to draft and modify their statutes and decide on projects freely;
  • Abolish the obligation to obtain prior authorization from the authorities for holding private or public meetings;
  • Put an end to the restrictions limiting access to telephone, fax or internet services;
  • Guarantee the right of members of associations to travel freely and put an end to the confiscation of passports and the arbitrary refusal to leave the country;
  • Allow international organizations to operate in Libya under the same conditions granted to national associations;
  • Lift all restrictions limiting the right of associations to cooperate and establish networks in Libya.
Funding and Taxation
  • Amend the provisions of Law No. 19 of 2003 pertaining to the financing of associations, in particular those limiting the right to raise funds, in order to establish a fair and impartial system of access to funding;
  • Lift all existing restrictions limiting access to foreign financing.
3. With regard to the climate required for the sustainable development of civil society
  • Put an end the pressure applied on the population to incite people to join official associations;
  • Free all human rights defenders and members of associations that are arbitrarily detained and guarantee, if the need arises, their right to a fair trial.