State Reports

Libya: 1st Periodic Report, 1986-1991

staterep1_libya_1991_eng.pdf
Ref. 338 To the General Secretariat of the Organization of African Unity The Peoples' Bureau of the Great Socialist Peoples' Libyan Arab Jamahiriya. in Addis Ababa presents its compliments to the Secretariat of the Organization of African Unity and has the honour to submit its first periodic report on the African Charter on Human annireopless Rights which has been prepared by the competent authorities in the Great Jamahiriya in accordance with Article 62 of the said Charter. The First Periodic Report of the Great Socialist Peoples' Libyan Arab Jamahiriya on the African Charter on Human and Peoples' Rights- Introduction Attaching grant importance to Muman Rising emA basic freedoms, the Great Socialist Peoples' Libyan Arab Jamahiriya safeguards and seeks to translate such lofty human principles into concrete actions which would prove her deep commitment to them, trends and its consistent endeavour to consolidate freedom and protect human rights and basic freedoms in all parts of the world. The basis of legality in Libya is to be found in the Declaration of the Establishment of People's Power of 2 March 1977. Article 2 of the said Declaration states that the Holy Quran is the law governing society in the Socialist People's Libyan Arab :Jamahiriya, while Article 3 states that people's power, directly exercised, is the basis of the political system in Libya. Paver belongs to the people, not to anyone else. The people exercise their power through people's congresses and committees trade unions, professional associations, and the General People's Congress.
- 2 - Ref: 338 On the basis of this Declaration and the Constitutional Declaration of 11 December 1969 a number of laws have been enacted, and several resolutions have been adopted guaranteeing the civil end political rights of all citizens in Libya concerning their right to education, work, expression of o;'nion, association and litigation, with no discrimination based on race, colour, sex, language, religion, political opinion, national origin property or other considerations. Convinced of the importance of adhering to international charters and conventions on human rights, as indicative of a state's respect for human rights and basic freedoms, Libya signed the African Charter on Human and Peoples' Rights on 30/5/1985, ratified it on 16/7/1986, and submitted the instrument of its accession to the Cenern1 Secretariat of the Organization of African Unity on 26/3/1987. An Article 62 of the African Charter stipulates that every state "shall undertake to submit a report every two years from the date of the coming into force of the Charter, on the legislative or other measures taken to give effect to the rights and freedoms guaranteed by the Charter", and as the Charter came into force on 21 October 1986, the Socialist People's Libyan Arab Jamahiriya today submits its first periodic report on the implementation of the provisions of the African Charter on Human and People's Rights. Rights and Duties Ir Rights Article 1 of the African Charter, Adherence to the Rights specified in the African Charter on Human and Peoples' Rithts. Prompted by faith in the sanctity, dignity and freedom of man, Libya has enacted national legislations, currently in force, which guarantee the basic rights and freedoms provided for in international charters and conventions, including the provisions of the African Charter on Human and Peoples' Rights. There is nothing in the national legislations to contradict the provisions of that Charter.
Article 2 or the African Charter . Guarantee of riLhts and freedoms without discrimination Libyan legislation in force considers it a criminal offence to carry out any act of Jiscriminatioa based on race, ethnic origin, colour, sex, language, religion, political opinion or social status. This has been provided for in all national legislations; chietly the Great Green Document on human rights (The Libyan Human Rights Charter). This stresses the equality of and women in all human activities, adding that any discrimination based on sefl is grossly usSair and unjustified. Libya was en:: of the first states to accede, to the International Convention on the Eradication of all Forms of Racial Discrimination. Earlier this year, she ratified the Convention on the Elimination of all forms of discrimination Against women. Libyan legislations also guarantee freedom of thought, conscience and religion. The Holy Quran, which governs society, says "There is no compulsion in religion." Libyan Criminal Law considers it a criminal offence to carry out any act or utter any statement likely to coartifute a violation of the sanctity of places cf worship. The Great: Green Document also states that religion means absolute faith in the unseen, and I,- a sacred spiritual value for every individual, thnugh with universal Implications. It consists in a direct relationship with the Creator, that is, oithout mediation. No monopoly of religious practice is thawed in the Jamahiriya; nor can religion be exploited iu initiating sedition, fanaticism, sectarianism, fedionslism or civil strife. Libyan legislation entitles parents and guardians to bring up their children to adopt their own creeds. Libyan legislation provides for freedom of opinion in the Great Green Document: it stipulates that the society of the Jamahiriya is a society of Srilliance curd creativity. Everyotc has the right to undertake research, independent thinking and innovation.
-4- Ref: 338 The Jamahiriya society diligently seeks to develop science, arts and literature, and to disseminate them among the masses to avert their monopoly. Every citizen has the right to express his opinion and air his ideas at the people's congresses and in the Libyan Mass Hedia. Copyright legisLetions define the rights of authors, the method of adapting their work without encroaching on their material and moral rights. - Principle 5 of the Green Document - Principle 10 of the Green document - Principle 19 of the Creel, Document - Articles 289, 290 and 291 of the Penal Code - Articles 207, 339, 500, 501 of the Penal Code. - Article 2 of the Constitutional Declaration - Articles 3, 5, 6, 7, 38 and 48 of Copyright Act No. 9,1968. Article 3 of the African Charter: Equality before the Law Libyan legislation states that all citizens of the Jamahiriya are equal in rights and in dignity before the law, and that any measures contrary to this shall be null and void. Libyan legislation guarantees for all non--Arab defendants the right of having their statements translated into the official language of the country both at prosecution and at trial. Prosecution and Courts of Justice Article 4 of the African Charter Freedom and integrity of each person Libyan law stipulates that no person shall be arrested or detained except by order of the legal authorities concerned; provided there is sufficient evidence to charge him with a crime or crimes the punishment for which is imprisonment. Re shall be questioned by the Public Prosecution within 24 hours of having his case referred, and shall be either imprisoned or released.
Ref: 338 Libyee l&girlation also stipulates that no person shall be jailed without. a written, signed and stamped order by the Public Prosecution. He shall not remain in prison beyond the time specified in that order. Prisoners shall be jailed in the prisons established for this purpose; no other place may be used as prison. Punishment may not be imposed, in Libya, except on the offender himself: no person shall be penalized except for an act he has committed, wan about to commit, or in which he participated or aseiried. Is no clecumstarce shall a person be punished eeccpt after a just and fair trial, with adequate defence guarantees. - Principle 2 of the Great Green Document - Articles 24, 26, 30 and 31 of Criminal Procedures. - Article 9 of the Prison Lev. Article 5 of the African Charter Respect for Duman Dignity and recognition of legal status According to Libyan legislation, no nerson shall be detained, arrested, searched or interrogated unless he is charged with committing a crime punishable by law. Just as every man has the right to enjoy security and peace of mind, private life is inviolable, and there may be no interference in private affairs and actions except on the basis of a complaint submitted by the injured party, or in case of a breach of public morality or code of conduct. Libyan legislation prohi.uits that Lily interrogation be accompanied with physical or psychological torture, cruel, inhuman, or degrading treatment.
Ref: 338 The Libyan Penal Code provides full guarantees for the respect of the dignity of man and the recognition of his legal status. It considers as criminal offences all forms of slavery, the slave trade, abduction, the use of violence to force a course of action on others, threats, the abuse of power against any person, unjustiiied arrest, restriction of personal freedom and the torture of prisoners. The Law of Medical Responsibility No. 17 for 1986 has prohibited the conduct of scientific experiments on the human body except with the consent of the person in question, with his benefit in minds and by :authorized doctors in accordance with recognized seieneihe principles. The articles of the Libyan Labour Law stipulate that no person nhaIlbe forced or compelled to de any work. - Principle 7 of the Great Green Document Principle 8 of the Great Green Document - Articles 425-435 of the Penal Code - Article 15 of the Medical Responsibility Law Mo 77 for 1986. - Article 22 of the Labour Law. Article 6 of the African Charter, Freedom and Personal Security In addition to the provisions of the fourth and fifth articles of the Charter, Libyan legislations state that there may be no restriction of the freedom of any citizen. Every citizen has all guarantees for a secure and peaceful life. Private life is inviolable, and can not be interferred with except in the case o1 a complaint, of harm done to others, of an infringement on public morality or conduct. Homes are inviolable and shall not be entered, searched or surveilled except in the noses specified by law. Citizenship in Jamthiriya society is a sacred and guaranteed right. It shell not be refused to persons who fulfil its conditions. It shall not be withdrawn not shall a person be deprived of it. In times of peace every person shall have freedom of movement and free choice of residence. Freedom of belief shall be respected and non-Muslims shall have the right to practise their religious rites without disturbing public order and morality.
Reis 338 Libyan legislation also guarantees . tke rahe tc life. A person may not be deprived of hie. life except when he has committed a capital crime which endangers or corrupts society. Principles 2,3,4,7, 8 of the Great Green Document. Article 7 of the African Charter: The Right to go to court Libyan legislation guarantees for every citizen the right to go to court to claim his rights if encroached upon by others. Libyan legislations grants :.he right to content deciaions or laws if they infringe on a right guaranteed to them by the laws in force. The right of appeal is guaranteed in Libyan legislation. Court sessions are held in public unless public order or morality require otherwise. The accused in presumed innocent until proven gu:ety. The riht to attend court sessions, listen to witnesses and question them. The defendant may choose to answer, or refrain from answering the questiohs put to him. He has the right to petition for the re-opening of the ccse if new frets or evidence emerge to make the court re-consider its verdict. Libyan legislation grants non-Arabic speaking defendants the right to have their statements translated into the official language of the country both at the Public Prosecution and in courts of law. In this connection the Great Green Document in its ninth article stipulates that the Jamahiriya society ensures the right of litigation, the independence of the judiciary. It also stipulates that a defendant has the right to a iust and fair trial. No penalty shall be given without a verdict and the Libyan legislation affirms that no one may be condemned for an act or omissioa which did not constitute a legally punishable ofihnce at the time it was committed, that no penalty nay be inflicted fcr an offence for which no provision was mad at the time it was simmitted, and that punishment is personal.
Ref: 338 - Article 31 of the Ceast..-tuttonal Declaration of 12/12/1969 - Princi4ile 2 of the Great Greer: Document - Principle 9 of the GreatGreen Document. - Article 7 of Law No. 4 for 1981 oe the Department of People's Lawyers - Article 80 of the Penal Code - Articles !;, 106, 108, 112, 162, 241, 244,365, 381, 402, 415, 416 of the Code of Crimiaal Procedures. Article 8 o1 thn Afr- can Cheeter {Yreedoi and free jractice of religion 11;;tionai legieletion lace guareieeced freedom of religice Lod relli}jono practice for all resedento of the Socialist People's Libyan Arab Jeenabiriya. Libyan criminal legislation consider:: it a criminal offence to commit any act or utter any words that may violate or dintuee clot sanctity of holy places. The Grea:: Green DoeumLat on lumen Rights, in the rk of the masses, stipulates that religion is absolute fhith in the unseen and a sacred spirituel value that is both private for every pernen aad general for n11 people. it is A direct relations:hie with tin Creator recniiring PO intermed1ary. the Jamahiriya Society prohibits the nonopoiy of religion, or its exploit: nice, to ?revoke sedition, fanaticism, sectarian:1nm lactrona3ism and civil strife. -- Principle IC of the Grcn.t Green Document - Article 2 of the Constitutional Declaration -- Articles 239, 290 and 291 of the P,_ ;al Code Article 9 of the African Charter; the Right to receive information and the right to express and diasmitnate opinions Libyan legislation has guaranteed freedom cif opinion, the search for information and its direeminatioe orally, in writing, in print and through any other available medium. The Great Green Document states that Libyan society is a society of brilliance and creativity. Every one enjoys freedom of opinion, research and creativity. The society of the Jamahiriya diligently seeks to develop sciences, the arts and literature and to ef_GUIIP their dioseml•ation among the masses so as to avert their munopoly.
The -Law on copyright defines the rights of authors, and the inethod of adapting heirwork without distortiag the original wcck or encroaching upot, the material and moral coights 91 the authors. Every to.hyan crtisen nas the right to express his opinions add idea:" ad to voice his convictions at t!- g People's Congresses sld in the mass media. Tr all cases those rights are exercised without disturbing public order morality. - Principles (elsuses) 1, 3 and 19 of the Cre.:t Green Document - Articles 3,5,6,7,38 and 48 on Copyrii;Nt No. 9 for 1968 Article 10 of cite Airisan Charter on Huotn and Peoples' Rights (tilt Right 'toe AssocroLi):.) The Constitutional ,ioclaration nod Low ho. 111 for 1970, on the Right to ;roe Association, provides for the citizens' right to for and join trade-unions to protect their ints, :rests. Laws regulating Trade-Unions and Antociations have been pansed, such as:- Law 107 for 1915. on Labour Unions - Law 4h/197:i on Teachers Indust - Law 95/1976 0n Agronomists Union - Lag on Assountumes atd Auditors Union - Law 116 for _73 on the Medical Profession and Paramedics No. 96/1976, - Lam ou A tlsts Trode-Union, No 45/1916 -. Law 98/1976 or Civil Servants Association - Law 44/1976 on Writers Union - Law 106/1926 on Women Orga.clsations - Law 99/1976 on Artisans Trade-Union - Lam 100/1926 or. Engineers Union - Resolution 9 for 1979 of the Secretari-s of the General People's Congress, on Ohs Geneial Students Union_ of the Jamahiriya - -aw 29/1971 on the setcnt up of the University Staff Union - Resolution 5 for 1982 o. _he Secretariat of the General People's Congress op the Professional Organization of Social Workers
heiL338 - Resolution 33 for 1986 of the Secretariat of the General People's Congress on the Professional Congress of Lawyers. Moreover, La w 9 for 1984 on the organization of People's Congiussrs.sttpulateE, the organization of professional conferences within the context of the Declaration of People's Power. Article (11) of the African Charter on Human and Peoples' Rights (Xigb* of Assembld This right la established end guaranteed by virtue of the legislations in force in Libya. Existing laws provide for the Right of As( empty. Among such laws are the following:- - The Law or the organization of public meetings and demonstrations, issued en 30/10/56. - Law 111 for 1970 on Ansuctations. - Law 9 for 1984 on the orcanizetion of People's Congresses. ac Article 12 of the tifricar Charter (the right to freedom of movement, leaving the counry, prnhibitio: of mass expulsion) All citizens are entitled to exercise ,:ne Right of free movement bod of departure from the country by virtue of toe Laws la force. In times of peace eltans have the freedom to move inside Libya and to choG;e their Hiatt of reside'ace. The Authorities oludi not deny the issuance of travel docu cuts to citizens. Nationals have the right to leave and return to the country without visas. Libyan tam stipulates ::ha,: ho citizen or group of citizens may be expelled no matter what the circumstances of the reasons are. Concerning the expulsion of 7Jon-nationals iro. Libye, Libyan iaws provide for the eventual eApulsion of a foreigtter if convicted by a court to a ten-ycnruc::son term at least, for committing a net.leus offLace or CriMil sgainst public ore&r. ,..nd security.
- if- Ref: 338 Libyaa legiclation further stipulates that a foreigner shall be expelled in c,se of the following : 1) If he enters the country without a valid visa. 2) If he refrains from leaving the country after the enniry of the authorized period of stay, and the refusal of the competent authorities to renew it. 3) if his residence visa Wes cancelled for any of the reasons specified by the law. 4) If ae expulsion order is issued by a court of law. in this case, expulsion shell take place on condition that the Director General for Immigration and Passports issue a statement coetaielug the reasons for such expulsion. Under Libyan law foreign nationals shall not be deported for ethnic, racial or religious reasons. - Principle 3 of the Great Green Document. Article 158 of the Penal Code. - Articles16 aad 17 of Law No. 6 for 1987 governing the entry and residence of eon•nationals. * Article 13 of he African Charter (the right of participation in the running of xlublic life) As :already mentioned in the introduction to this report, the framework of the political system in Libya: is ehe Declaration of the People's Power: which stipulates in Section 3 that tie direct power of the people is ehe basis of the political system in the country, where there is no other power except the people's. They exercise power through the People's Congresses, the People's Committees, Syndicates, Trade-Unions, Professional and Vocational Associations, and the General People's Congress. Law 9 for 1984 on the organization of People's Congresses defines the method of operation of the Basic People's Congresses as -ell as their tasks and assignments. It also explains the method of setting up Basic People's Congresses a7.,2 their tasks, as well as Vocational Congresses, and the General People's Congress; in such a way as to ensure that citizens maintain full control of public affairs.
- 12 - Ref: 338 To assume public office in the right and duty of every citizen, both men or women, provided they meet the necessary requirements. Libyan Legislation guarantees absolutely equal rights to benefit by public property and services. Education is the right and duty of all Libyans. It is provided free of charge. Equality of all citizens is guaranteed in Libyan Society by Libyan legislations. - Section 3 of the Declaration of People's Power. - Law 9 for 1934 on the organization of People's Congresses. - Part 1 of the Great Green Document. Article 14 of the African Charter ( the Right to own Property) Every Libyan citizen has the right to possess his life necessities such as houses, weans of livelihood, means of transport, and places of work. Ownership is a sacred right that cannot be violated provided it is lawful, and acquired through hard work, nol: by exploiting others, and so long as property is not used in violating public order or public morality. Expropriation is prohibited except for the reasons already mentioned. Expropriation is the public interest is confined to the cases specified by law and on condition that the owner be fairly compensated. - Principle 11 of the Great Green Decumann. * Article 15 of the African Charter (Right to Work) The right zo work is guaranteed in Libya. It is considered as both a duty and a right for all individuals. Each is entitled to work either individually or with partners. The individual has the right to choose the work he deems appropriate. Libyan legislation stipulates that the individual is entitled to do the work he ehotses, whether alone or with the participation of others, provided that such work does not violate public order or public morality. E.ch citizen has the right to establish an institution for production or for services, whether individually or in the form of a company, on condition that he doee hire individuals to work for him. All workers shall be considered as partners in the production or services institutions. The citizen has the right co enjoy the results of his work, and to use his production to satisfy his needs.
-13- Ref: 338 No deduction shall be made of hie earned income except as required by the citizen's obligation to perticipate in the cost of production, or in return for the special services provided by the community. - Principle 11 of the Great Green Document. Article 16 of the African Charter (The right to receive mediml attention and health care) Every Libyan citizen has the right eo receive health and social protection and care. Social security benefits are provided to individuals who are unable to work beca•se of illness, disability, old age or other reasons, beyond their control, which may deprive them of their livelihood. The first article of Law 106 Fot 1973 on He-lth stipulates that health and medical care constitute an established right for every citizen, which is guaranteed by the State etc. Principle 14 of the Great Green DocuAent states that "The members of the Jamahiriya community enjoy mutual solidarity. Society guarantees to its members an easy and dignified life It also provides them with a high standard cf medical attention so as to be in excellent health. It ensures care for children and mothers, and protection for the aged and the disabled. For the Jamahiriya Society is the guardian of those who have no guardian". - Principle of the Great Greer. Document. - Artici, 15 of the Constitutional Declaration. - Law on Health No. 105 for 1973. - Law No. 13 for 1980 on Social Security. * Article 17 of the African Charter (night to Education and to participation In Cultural life) Educaeiop is the right and duty of all Libyans. It is compulsory till the end of the basic level of education, and free of charge in all its stages.
- 14 - Ref: 338 The state guarantees this right by establishing more schools, institutes, nniversities and :cultural and educational institutions. Every Libyan citi en has the right to choose the tynrn of education that suits him best, develops his character, and enhance his creativity and individual distinction. Libyan legislation guarantees all citizens' participation in cultural life, freedom of research:innovation, thought, creativity and the development of their talents. - Principles 15 and 6 of the Great Green Document. - Article 14 of the Constitutional Declaration en 11/12/69. * Article 18 of the African Charter (Protection of the Family and morals; sensing tt.ni. Rights of women and children In Libya the family is considered as the basis of society. It is founded on religion and morality. Under Libyan Law men and women have the right to marry at the age of twenty. The guardian shall not compel a young man or a young girl to marry against his or her will. Libyan legislation provides for the protection of the family in very clear and strict terms, so as to ensure stability and happiness for its members and fulfil the hopes of the community. The Green Document states that marriage is based on an equitable partnership between two equal patties. Neither of them should marry the other party against his or her will or obtain a divorce without mutual consent or a fair trial. Libyan legislation also guarantees sufficient protection for children : it stipulates that every individual should have a name, a surname and a naCionality from his birth. The children shall bear the father's family name. A child who has no property or money is entitled to receive a stipend for his upkeep from his or her father --- in the cAse of the gill until she is married, in the case of a boy until he is able to earn his luring.
- 15 - Ref: 338 If the child is enrolled at a school and doing well, his expenses shall be paid by the richer of his parents. If the child has no parent to provide for him, the state shall do it. Under Libyan legislation, the vaccination of children against diseases is compulsory. It is the responsibility of the child °s father, his custodian or legal guardian to bring him to the medical centre for vaccination. Vaccination is performed according to a strict schedule, as provided for by relevant legislations. Moreover, Libyan legislation provides for a monthly allowance to be paidu servants whose dependants are under nineteen years of age. By virtue of the same legislation, guardians are responsible for the enrolment of their children at school. Libyan legislation also provides for a good life and medical care for the disabled, the aged and the handicapped. The social security law row covers the disabled and the handicapped. - Article 3 of the Constitutional Declaration. - Aticlea 12 to 17 of the Civil Law. - Articles 6 and 8 of Law No. 10 for 1984 on the special provisions for marriage and divorce. - The Second Principle of the Great Green Document; - The fourteenth Principle of the Great Green Document. - The Twenty-first Principle of the Great Green Document. - Law No. 13 for 1980 on Social Security. - Law No. 3 for 1981 on the Handicapped. * Articles 19 and 20 of the Alrican Charter (The right to existence, to self-determination ,nd suppert for oppressed peoples) Through the Great Grcen Document, Libya calls for achieving peace among nations end considers it as a means for attaining prosperity, and affluence. Peace leads to harmony among peoples, and result in the stagnation of the arms trade and the production of arms. This ,ill certainly serve the interests of all peoples, in so far as the expenditure on armr ients drains the resources of nations, and constitutes a heavy financial burden for individuals who have to pay extra taxes, whole living under the threat of widespread devastation and destruction.
- 16 - Ref: 338 The Great Green Document looks rot-nerd to a human society free from aggression, war, exploitation, and terrorism. Where there is no diecrimination between big and small, end where all nations, peoples and ethnic groups have the right to live freely in accordance with their own option, and the right to self-determination. The green document pro ides for giving support to the persecuted people, and inciting tle oppressed to take up arms against injustice, oppression, exploitation and colonialism. It also calls for fighting imperinlism, racism end fe,cism, in accordance with the principle of the joint struggle of the peoples apainet the enemies of freedom. - Principles 16•18-23-24 of the Creee Document. * Article 21 of the African Charter (the Right to enjoy reitural vealth and resources; work for strengthening African solidarity Libyan Society is a community of partners not of hired hands, where citizens share the ownership of national wealth, and have equal rights to enjoy it. Libya is mobilizing all its economic potentialities for the consolidation of African Unity and African Solidarity through cooperation Agreements with African countries and the establishment of joint ventures aimed at developing economic cooperation. It is also among the first countries to give special attention to the establishment of African cooperation, free from colonial and foreign interferences. Libya also strives to tree the African economy from all types of interferences, so as to avert the risks created by n •international monopolies. In Libya all types of international monopolies have been liquidated through the nationalization of all foreign companies and institutions operating in the country.
- 17 - Ref: 338 * Article 22 of the African Charter - (peoples' right to their economic, social and cultural development Libtia believes in the people's right to realize their development options in varioue economic, social and cultural fields, and rejects the policy of hegemony and the domination of peoples. It considers such right as the real point of departure £or achieving the independence of states and their eight to self-determination. The green document clearly emphasizes that peoples and nations are entitled to live freely in accordance with their free options, and that they have the right to self--determination. Their legitimate aspirationc in drawing up their political, economic, cultural and social policies should never be suppressed or frustrated. - Principle 16 of the Green Document * Article 23 of the African Charter (Prohibition of using individuals for subversive activities against their couttries of origin or using territories as braes for terrorists activities) The Great Green Document calls for tite creation of a human community free of aggrasLion, war, exploitation oar terrorism, and caudal-21c the use of Toren in any conflict that nay arise in regional or international relations. - Principle 16 of tht Green Document. * Articles24 and 23 of the African Charter (The promotion of respect for the rights and freedoms contained in the Charter) As already mentioned, Libyan national laws contain all the guarantees that ensure the full protection of Human Rights and basic freedoms. In this age of the manes the Great Green Document on Hunan Rights, together with other Libyan Legislations, contain the principles and provisions that cov-r all .relevant internationalCharters, particularly the Africa Charter ca: human and Peapite,' Rights. The national media always give wide coverage to this subject and stress Le. rights and freedoms provided for by the Green Document and ether national legislations iu force in Libya.
- 18 - i Ref: 338 Articic 26 of the African Charter (guarantees of the independe,lice of toxins The. Constitutional Declaration provides for the complete independence of judges, and that their decisions are governed only by the dictates of Law and their conscience. The Green Document also provides for the right to litigation, the independence of courts, end that every citizen is entitled to receive a fair trial. - Article 28 of the Constitutional Declaration. - Principle 9 ci the Green Document. Second : Duties In general, all the duties contained iu Articles 21, 28 and 29 are provided for by the Libyan Legislations in force. They are currently in force and people ;ire eommitted to them, since they are respected by every Libyan citizen. Social -solidarity is the basis of nati(xial unity; the family is the nucleus of the community and is founded or religion .alit and patriotism. Defence of the homeland and safeguarding the political regime, bnned on the people's tiower, is the responsibility of every citizen. As mentioned earlier, all the rightc and freedoms of individuals are guaranteed in Libya without discrimination. They should by ao means be subject to encroachments or put in jeopardy, so ion& au they are lawfully exercised without any violation of the public interest, ethics, or public morality.

Created Sep 15, 2026 · Edited Sep 17, 2026