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.