COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS SECOND PERIODIC REPORT OF LIBYA

The Committee on Economic, Social and Cultural Rights has reviewed the second periodic report of Libya on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report was Abdel Hafid Derbi of the General People’s Committee for Labour Forces and Employment of Libya, who said the report of Libya was presented in accordance with the exigencies of the International Covenant and it reflected the achievements made since the initial report was submitted. The laws in force guaranteed all fundamental rights and the State complied with the terms of the relevant international instruments. All Libyan laws recognized human rights without discriminating against citizens on grounds of sex, colour, religion or nationality. The State had developed an economy that was being enjoyed by all people and the development trend respected the rights of the people and their cultural values.

During the discussion, which was held over three meetings, Committee Experts raised questions pertaining to, among other things, the rights of minorities; equality between men and women; living conditions of foreign workers; the lack of freedom for trade unions and journalists; the use of censorship; the obligation to hold HIV/AIDS-free certificates; and the trial of the five Bulgarian nurses and a Palestinian medical doctor.

The Committee will issue its concluding observations and recommendations on the report of Libya at the end of its three-week session on 25 November.

Other members of the Libyan delegation included representatives of the General People’s Committee for Foreign Liaison and International Organizations, General People’s Congress; General Peoples Committee for High School; General People’s Committee for Health and Planning; General People’s Committee for Justice; General Department for Conventions and Legal Affairs; General People’s Committee for Trade and Economy; and High Committee for Childhood.

The Committee will meet at 4 p.m. to hold a dialogue with Louise Arbour, the United Nations High Commissioner for Human Rights.

Report of Libya

The second periodic report of Libya (E/1990/6/Add.38) presents the general status of the implementation of the International Covenant on Economic, Social and Cultural Rights, while placing an emphasis on achievements in the legislative and judicial fields. The first part of the report outlines the geographic and demographic features of Libya, reviews the general state of the economy, including data on its principal sectors and its total and per capita Gross Domestic Product, and describes the legislative, executive and judicial powers of government. The second part details the measures that the country has taken to implement various articles of the Covenant.

The report notes that the Libyan economy has been subjected to an embargo on technology imports since the mid-1980s, which has made it more difficult to supply the industrial sector with modern and advanced technologies. The Treasury is the main source of funding for most economic and developments activities. However, the public sector has been unable to achieve consistency and sustainability because of a number of factors, including the oil crisis and oil price fluctuations, and the fall in Treasury receipts from domestic sources.

Social and economic policies in Libya are based on quality-of-life indicators, which measure material and psychological welfare, these indicators measure such factors as access to adequate housing, potable water, sanitation, primary health care, adequate food that provides the right amount of calories, transport and communication. The poverty line in Libya is calculated on the basis of access to goods and services and whether a person has a guaranteed monthly income that is sufficient to meet his or her daily needs. Anyone living under the poverty line is covered by the basic allowances scheme, which exists to guarantee everyone a decent standard of living. Therefore, no sector of the Libyan population can be described as poor.

Introduction of Report

ABDEL HAFID DERBI, General People’s Committee for Labour Forces and Employment of Libya, said the second periodic report of Libya was presented in accordance with the exigencies of the International Covenant on Economic, Social and Cultural Rights. It reflected the achievements made since the initial report was submitted. The laws in force guaranteed all fundamental rights and the State complied with the terms of the relevant international instruments. All Libyan laws recognized human rights without discriminating among citizens on grounds of sex, colour, religion or nationality. The State had developed an economy that was being enjoyed by all the people. The development trend respected the rights of the people and their cultural values.

Libya applied the directives of the International Labour Office on the issues of forced labour and child labour. Libyan citizens enjoyed all rights with regard to housing, clothing, and food. According to the principle of the Great Green Document on Human Rights, society guaranteed the right to work, which was a duty and a right for every individual to the extent of his or her abilities. Everyone had the right to choose the type of work that suited him or her.

Questions Raised by Committee Experts

Speaking on the general framework of the International Covenant on Economic, Social and Cultural Rights, an Expert said that the Committee had asked Libya if it envisaged creating a national organ on human rights. However, the response did not clearly indicate the Government’s intention on the issue. He then asked if the International Covenant prevailed over the domestic laws of the country, and if international treaties bound courts. What was the legal status of migrant workers and their families in Libya? Were they treated on equal footing with Libyan workers? Libya had signed the Convention on the Protection of Migrant Workers and their Families, but did it ratify it?

Another Expert wanted information on law cases with regard to the rights enshrined in the Covenant. The report had referred to the “Arab community”; did that mean that other groups such as the Berbers were not fully enjoying their economic, social and cultural rights. If that was the case, it might amount to discrimination. What was the situation of women vis-à-vis the Sharia? What was the status of Black Libyans?

One Expert said he was disappointed by the shortness of the report and the scarcity of information in it. He congratulated the State party for signing the United Nations Convention on the Protection of Migrant Workers. Libya, however, had not ratified the 1951 Geneva Convention on the Status of Refugees. There was no legislation that aimed at protecting refugees. Further, Libya had no law prohibiting discrimination, although it had ratified the International Convention on the Elimination of All Forms of Discrimination, which, in its article 4, obligated States parties to adopt legislation prohibiting discrimination.

An Expert also raised the issue of non-ratification by Libya of the1951 Geneva Convention, saying that domestic legislation was not put in place for the protection of refugees. As part of the Arab nation, Libya did not make any reference to the existence in its soil the Berber people, who were part of the Libyan population. Why was it that the use of languages other than Arabic was banned? The people’s committees had prohibited the use of non-Arab languages. Apparently, there were also anti-black sentiments among the Libyan population. The Committee on the Rights of the Child had also made comments on xenophobic sentiments in the country. What was the position of the delegation on those issues?

There was no sufficient information in the report concerning articles 2 and 3 of the International Covenant, another Expert said. What difficulties were encountered to implement legislation on gender equality? Libya had young generations with higher education. What was the proportion of women in the involvement of the decision-making process? How did Sharia and civil law work together in Libya, and did civil law prevail over Sharia in the event of a conflict between the two?

An Expert asked about the status of the International Covenant within the Libyan legal system. He asked if officials were aware of the existence and content of the treaty. He also wanted to know if the status of women was still influenced by tradition. In most cases, tradition was not a positive cause for gender equality. The delegation was also asked to provide information on the practice of polygamy.

On the issue of non-discrimination, an Expert said that the report had affirmed that the population was entirely Muslim and everyone spoke Arabic. She wanted to know about the status of minorities in the country, and if there were non-governmental organizations working in the country on the protection of the rights of minorities.

Another Expert said Libya was a developing country and it had been subjected to an economic embargo for many years. He appreciated the efforts made by Libya in the economic, social and cultural sphere. However, the most basic economic and social guarantees should also be given to foreigners working in the country. He wanted to receive information on the treatment of foreign workers. The State party had signed the United Nations Convention on migrant workers, and it should apply the provisions of the treaty.

Libya did not have comprehensive legislation on non-discrimination and on the protection of minorities, an Expert commented. Non-governmental organizations working on the protection of minorities, particularly the Berber community, were not allowed to operate in the country. In practice, women were not allowed to own land and they were not permitted to leave the country unaccompanied. What was the position of the delegation on those issues?

The Libyan judiciary was apparently not fully independent from the political influence of the executive, an Expert said. What concrete decisions were taken by the courts with regard to labour inspections relating to discrimination at the workplace? How many black Africans were citizens of Libya?

Another Expert said the State party did not supply enough material to the Committee for its proper monitoring of the situation in the country. The Libyan delegation should make efforts to respond to the Committee’s written questions, which had not been sufficiently answered. He asked if the magistrates and other law-enforcing officers were trained in human rights education. According to the comments by the Committee on the Rights of the Child, there was little awareness by the population concerning international treaties, including the International Covenant.

The Committee Chairperson urged the Libyan delegation to provide responses to the questions sent to the State party in advance. The State party not only provided incomplete replies but it also was not supplying the Committee with additional information now.

Response by Delegation

The delegation said that although the Government had adopted a series of laws for the implementation of the International Covenant, there had been difficulties during the implementation process. Since the power was in the hands of the People’s Committees, the implementation of certain laws depended on the effort made by each committee. With regards to women, the law did not distinguish between men and women and affirmed their equality. If the work was equal, the salary was also equal. Women had the right to be promoted without any discrimination in all fields and professions. In the eyes of the law, women and men were equal. The 1963 law of the People’s Committee stipulated that if the chairperson of the people’s committee was a man, the vice-chair should be a woman, and vice-versa. Women occupied the highest posts in the People’s Congresses. The State party did not have legislation that prohibited women from assuming higher posts in any State structures.

Libya had ratified 29 conventions of the International Labour Organization (ILO), including on medical treatment, workers' safety, maternity leave, equal salaries and treatment of foreigners, the delegation said. Legislation on social security was put in place. Other laws also covered maternity leave and health insurance. Foreigners enjoyed all rights pertaining to labour as did Libyans citizens. Some foreigners coming into the country without any documentation were tolerated and provided with work. The phenomenon of the passage of migrants through the country had also been dealt with in collaboration with the Organization for International Migration (IOM).

Libyan legislation on labour was in conformity with international law, the delegation said. The new labour law was also drafted in line with the terms of international labour standards. With regard to the independence of the judiciary, the delegation affirmed that justice was free and independent. The Ministry of Justice provided justice without any influence from any State power.

Libya had been a pioneer in the fight against apartheid and its support for the freedom struggle of South Africa had been very significant in terms of finances and moral support, the delegation said. Mr. Nelson Mandela had paid tribute to the stand demonstrated by Libya during and after the liberation of South Africa. Libya had a policy of non-discrimination at the local and international level.

Legislation in Libya reflected a positive discrimination with regard to women, and they enjoyed all rights as men, the delegation said. The labour code, for instance, did not prevent women from any kind of work. The People’s Committee also supported the provision. Women were free to travel abroad alone without the company of a male. They had also the right to choose their spouses. Polygamy was practiced in rare cases.

Women had access to the higher ranks in the military, and they enjoyed their rights as judges, the delegation said. In the police, they did the same jobs as men. There was a good degree of satisfaction with regard to the performance of women in all aspects of work. In order to uphold the rights of women, affirmative actions were applied in all areas.

There was concern in Libya for the protection of human rights, the delegation said. The rights of illegal foreigners were fully respected in the country. The law on foreigners provided for rights to foreigners without any discrimination. Several legal documents also guaranteed protection to minorities and other groups.

The delegation said it was surprised to hear the allegation that Berbers were not allowed to speak their language. The Berbers had the right to speak their language and practice their culture. Any form of violation of rights was not tolerated. As Libyans, Berbers enjoyed their rights without any discrimination.

On the independence of the judiciary, the delegation said legislation guaranteed magistrates their full independence. The judiciary was completely independent of the executive and it did not receive any instruction from any side. Women had the right to be magistrates, and no law stopped them from carrying out jobs in the judiciary, including prosecution. The number of female students in the country was superior to that of boys. At present, there were 83,000 female students and 81,000 male students.

Libya was sparing no effort in teaching international treaties in schools and universities, the delegation said. All international conventions prevailed over domestic legislation in the event that contradictions arose between the two.

On the specialized institutions on human rights, the delegation said they had been created recently, the delegation said. There were charity organizations, which were not governmental. The Ghadafi Charity organization was also known outside the country. Efforts were also made to increase the number of organizations dealing with human rights. At present, there were 40 such institutions.

Women could leave the country without any authorization from the family or the State authorities. Exit visa requirements had been banned for all citizens travelling abroad.

Questions by Experts

An Expert asked if Berbers were entitled to use their language officially in courts and other public places. It was understood that they could speak their language in private, but that was not sufficient. He requested information on the percentage of women in all professions, including the private sector.

Another Expert also asked for further information about the percentage of representation of Berbers in the People’s Committees and People’s Congresses. What were the difficulties impeding the dissemination of the International Covenant in order to increase people’s awareness?

The delegation said her questions were not answered with regard to negative practices against women. Although there were laws pertaining to the protection of minorities, they were not implemented. The delegation was also asked to provide information on the actual situation of Berbers. If a Berber mother named her child an un-Arab name, she could receive penalties. The Berbers were one-fifth of the Libyan population, and they required special attention.

Another Expert said non-governmental organizations did not have any contacts with the State, except when they were registering and starting their operations. Did the Libyan authorities allow NGOs dealing with minority rights to register and function in the Berber areas?

An Expert said progress had been achieved in Libya with regard to gender equality. What programmes existed to further promote gender equality? What was the real participation of women in the different State structure? What impact did the Sharia law have on the rights of women?

Response of Delegation

The delegation of Libya said that the 1991 law on refugees provided sanctuary to individuals who had been persecuted in their own country. The Somali refugees, for example, had enjoyed the Libyan hospitality and had been hosted for many years until some of them voluntarily returned to Somalia.

The General People’s Congress had ratified international treaties, including the International Covenant on Economic, Social and Cultural Rights, after it had first been introduced at the People’s Congress level. All treaties of regional and international nature were ratified and implemented by the highest people’s congress.

Responding to a question on minority rights, the delegation said Berbers lived in Libya as citizens and they were a sedentary population. They were subjected to the laws of the country. As citizens, they participated in the People’s Committees, as well as in the People’s Congress of their region. There was no difference between the Berbers and other citizens.

The Committee Chairperson raised a question on the fate of the Bulgarian nurses and a Palestinian medical doctor who were accused of injecting children with HIV/AIDS-infected blood. According to the media and NGO sources, the accused were made to admit their acts through the use of torture.

Reacting, the delegation said the five Bulgarian nurses and Palestinian medical doctor had been subjected to the criminal procedures of the country for their activities, in which they injected children with a deadly virus. The Benghazi court and the court of appeal had rendered their verdicts. The final sentence was the death sentence and the case was now submitted to the High Court. Yesterday, the trial was postponed to a later date. In Libya, the law applied to all and there was no discrimination involved in the legal actions. The crime committed against the children was unacceptable. In Libya, the law prohibited any act of torture. The authorities interrogated the foreigners who were accused of the crimes. All possible legal assistance was also provided to them. Since the High Court was a sovereign body, its decisions were without any political influence.

On the issue of women’s rights, the delegation said women had been given high posts in the people’s committees. There were also other associations working on the rights of the women. In the private sector, women had the right to establish and run companies. The number of businesswomen had increased at the local and international level. Women had also established schools and universities.

A law had been adopted to promote the rights of women to inheritance, the delegation said. Legislation on employment permitted women to work outside their homes. Breastfeeding was also encouraged for working mothers. Maternity leave was guaranteed for working mothers.

With regard to the implementation of the Sharia law, due consideration was given to the rights of women, the delegation said. Polygamy was practiced in Libya in special circumstances.

Questions by Experts

An Expert said that the State party’s replies to the Committee’s questions were so weak that he was uncomfortable in raising questions. What was the situation of unemployment? What steps were being taken to fight unemployment? The report did not mention the current state of unemployment. He asked about the minimum wage, collective agreements and the practice of equal salaries. Foreign workers, and non-Libyans in general were discriminated against with regards to social protection. The collective bargaining process by the trade unions did not seem to be free. The Committee noted that there should be one trade union in each professional sector and membership should be at least 100. There was no real trade union activity in Libya, according to Confederation of Free Trade Unions. The right to strike was not respected.

Another Expert said the social security act was written in accordance with the International Labour Organization (ILO) standards on the issue. Who were the beneficiaries of this act? What were the exceptions in suspending pensions? Was there a minimum pension payment? Did foreigners have the same qualifying working years as nationals?

Although there were about 1 million foreign workers in the country, Libya continued to import workers from central and eastern European countries. The unemployment rate was also estimated to be 30 per cent. He requested further information from the delegation.

Response by Delegation

The delegation said the social security standard was in line with the ILO Convention No. 118 on social security. Foreigners benefited from all rights pertaining to working conditions, including social security and old-age pensions. Some foreign workers chose to be affiliated to their respective country’s social security system. The State did not impose any constraints in that area. In 2003, 16,000 non-Libyans were affiliated to the social security scheme.

There were no stateless people in Libya and for that reason there was no law in place concerning them, the delegation said. However, any foreigner could work and live in the country.

The trade unions of the State sector were controlled by the people’s congress, the delegation said. Trade unions could create a confederation at the national or regional level. It was not necessary for trade unions to be limited to certain professions.

Unemployment was a world phenomenon, which also affected Libya, the delegation. The rate of 30 per cent unemployment fluctuated in accordance with the economic situation. Since Libya had high demands for specific professions such as the oil and medical sector, it recruited professionals from other countries as the Libyan labour market was short of those professionals.

Questions by Experts

An Expert raised questions pertaining to the rate of poverty; the low ratio of medical personnel as compared to the size of the population; the measures taken to improve the housing situation; the situation of homelessness; scarcity of water; and reports of denial of water supply to regions inhabited by Berbers in the north of the country.

On the question of poverty, another Expert said that the report had boasted that no sector of the Libyan population could be described as poor. No society could claim that it was free from poverty. What was the position of the delegation on the issue? What was the situation of the homeless people?

Libya had been relating environment issues with that of human rights, an Expert said. What major achievements were made since 1992? On the issue of industrial incidents, information was requested on the number of such incidents. With regard to HIV/AIDS, the State party had reported 500 cases; however, it was not clear when the cases were registered. The report had indicated that any individual in Libya should produce health certificate attesting the he or she was free from infectious diseases, particularly HIV/AIDS. Did that mean that all workers in Libya were free from this disease?

With regard to mental health patients, another Expert requested information on the situation of mental health. He asked if all such patients had access to psychiatric institutions, their number and the guarantees against the coercive placement of patients.

An Expert said that in 1995, the rate of divorce was 11 per cent and in 2002 it came down to 0.3 per cent, while the rate marriage was 5.4 per cent. What was the minimum age for marriage? He also sought further information on the trial of the five Bulgarian nurses and Palestinian medial doctor.

Another Expert asked if domestic violence was increasing in the society. What measures were put in place to prevent such incidents? Concerning divorce, what could happen if one of the parties refused to divorce? According to UNAIDS, during the last four years, there had been an 80 per cent increase in HIV/AIDS infection in Libya; and 90 per cent of the increase was due to the taking of drugs by injection. What was the level of the drug problem in the country?

Many companies had been privatised in recent years, an Expert said. How was the situation of the workers since the privatisation took place? With regard to land ownership, what were the conditions to acquire land?

Response by Delegation

Requests for divorce should be submitted to the People’s Committee for consideration before they were addressed to the courts in the event of disagreement between a couple, the delegation said. The demand could be submitted by one of the spouses or their legal representatives. Divorce was a right both under Sharia and civil law. In the court, the judges might first attempt to reconcile the couple before handing down its rulings.

Any person who committed violence against members of his or her family was subjected to criminal charges, the delegation said. Martial rape and violence were considered within the context of domestic violence. If a wife was battered by her husband, she had the right to appear before the prosecutor general for redress. Domestic violence was not a major phenomenon in Libya, and it was not an issue of concern. Whenever such acts of violence occurred, women suffering from the violence were provided with special accommodation.

Libyan citizens wishing to travel abroad or foreigners requesting Libyan visa had to produce health certificates, the delegation said. Even students entering universities were required to present health certificates.

The scourge of drugs was not a problem in Libya, the delegation said. Protective measures were taken against drug use, while victims of drug addiction were provided with treatment.

Speaking on the housing issue, the delegation said the construction of housing had been intensified and a number of houses had been distributed to the public. The number of tenants in Libya was very few. Those who bought houses were provided with credit from the State. The right to housing in Libya was quite clear: precarious housing did not exist in the country.

Concerning drinking water, the delegation said water was brought into Libya through canals that were artificially created by the Government. The water supply had now reached the northern parts of the country, where Berbers were living. In Libya, no one would die due to lack of water.

Libya had taken every step to deal with HIV/AIDS, the delegation said. There were bodies that were making the general public aware of the problem. Further measures were also being taken in the fight against the disease.

There was no discrimination in wealth distribution among people and regions, the delegation said. Funds were distributed to schools, hospitals and development institutions.

The minimum age for marriage was 20 years, except if courts decided otherwise on exceptional grounds.

Questions by Experts

An Expert asked about the rate of dropouts and the number of students attending schools. He also asked about the teaching of human rights education to children, in addition to teaching it in the law faculties. The delegation’s position was also asked about the measures taken by the State to block certain Internet communications in the country.

Another Expert asked if minority groups such as the Blacks and the Berbers were legally recognized. How were the cultural lives of those minorities organized? Did they have the right to enjoy their cultures? What was the situation of the Tuaregs in Libya? The Expert also wanted to receive information on the percentage of the budget allocated to cultural development. With regard to publications, he asked if censorship was exercised by the State. How were copyrights protected? There was also a concern on the banning of Amazigh associations and language in the country; what efforts were being made to develop their languages and to maintain their associations.

An Expert asked if all university graduates were able to get jobs given the high number of students completing universities. Were there separate schools for non-Muslims? Did Libya suffer from brain drain phenomenon?

Another Expert requested information on the kind of foreign televisions channels received via satellite by Libyan households.

On the issue of education, an Expert asked how the educational curriculum was developed in relation to the Green Book, which was similar to the “Red Book” of Mao Tse-tung.

Response by Delegation

Responding to the questions, the delegation said education was compulsory for children between the age of 6 and 15 years. Penalties were imposed on parents who failed to send their children to school. The Green Book was not taught in schools; however, it political ideas were part of university teachings like the other western philosophies which were taught.

The unemployment rate was significant in the country because of the fact that some Libyans refused to take up certain jobs, the delegation said. However, given the small population, the number of unemployed persons was not high. The universities trained students in accordance with the needs of the economy so that they were absorbed upon their graduation. The number of Libyan graduates was increasing every year.

There was no discrimination on ethnic grounds in Libya, the delegation said. There were people of foreign origin living in Libya and they were all equal before the law. Libyan law prohibited discrimination.

On the use of the Internet, the delegation said the State encouraged the use of the Internet and a number of young people often used that communication system.

With regard to cultural manifestations, the delegation said each region had its own cultural organizations, which attracted tourists. The Tuareg cultural festival was among the many manifestations that were organized on an annual basis. There was a council that helped the organization of cultural activities. Libya’s policy on culture sought to promote awareness of the diversity of the cultural heritage, in view of the marked cultural differences that existed between the different regions of the country.

On the issue of the press, the delegation said there were associations that worked on the development of the press. The law guided the development of publications. Anyone who came up with scientific inventions could publish his work in the national gazette. As in all other countries, there was a form of censorship aimed at respecting certain rules.

Members of minorities were treated the same and they were all citizens of the country, the delegation said. They were not prohibited from speaking their dialects, taking into account that the official language was Arabic.

The Green Book could not be compared to that of Mao’s Red Book, the delegation said. The comparison was incorrect because of the fact that the Red Book was a dictatorship of a one-party system, while the concept of the Green Book was self-governing by the people themselves through their various committees and congresses.

In its third chapter, the Green Book spoke of minorities and affirmed that there was no discrimination against any individuals or groups, the delegation said. Any citizen who was subjected to discrimination had the right to go to court to seek redress. Libya was also bound by the international conventions it had ratified on the issue of non-discrimination.

In 2001 and 2002, there were 1,017,546 girl and boy students in 3,494 public schools, the delegation said. In the universities, 303,000 students were also pursuing their higher studies. The number of private educational institutions was significant. Day care facilities were made available by the State and the private sector.

In a follow up question, an Expert said the answer given by the delegation on the use of the Internet and the use of satellite televisions dishes was unsatisfactory. Reporters without Boarders had told the World Summit on the Information Society in Tunis that Internet use in Libya was controlled by the State. With regard to satellite dishes, Libyans were not allowed to use dishes that would permit them to watch foreign television stations.

Other Experts also raised questions on the existence of censorship, the marginalization of minorities, cultural manifestations, freedom of expression and the number of independent journalists’ organizations, and the activities of non-governmental organizations and their independence vis-à-vis the Government.

In response, the delegation said there was a journalists’ union, which was created in accordance with a law governing professional associations. The union was free and independent. With regard to trade unions, they were established in accordance with the ILO standards concerning trade unions; and no trade union was banned in Libya. Trade unions were independent and had no links with the Government.

All professional associations had the right to have their own publications and the State was not intervening in their internal affairs, the delegation said. There was a body that monitored the independence of the press and oversaw that the State was not interfering.

A number of Internet cafés were available for all citizens, in addition to the private ones, the delegation said. However, the State had taken measures to censor pornographic materials from reaching minors. Satellite dishes were sold in the country and anyone could buy them. The State did not limit the dissemination of information by any means. People in Libya received about 1,000 foreign television channels and they could watch any transmission of their choice.

For use of the information media; not an official record

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