Firstly:
A–
The Geographical and Population Features of the
Jamahiriya:
The Geographical Situation and the Area:
The Libyan Arab Jamahiriya is situated in the north of the African continent between
the two latitudes (18 & 23) and longitudes (9 & 25) to the East. The country is
therefore due to its privileged geographical situation is regarded as the northern
gateway to Africa. It is bounded to the north by the Mediterranean sea, to the south by
Chad and Niger, to the east by Egypt and Sudan and to the West by Tunisia and
Algeria. The Libyan coast extends to 1950km long, along the southern coast of the
Mediterranean sea, thereby making it the longest African coast on the Mediterranean
sea. The gross land area of the Great Jamahiriya is (1775500)² km. It is accordingly,
the fourth largest African country in terms of the area after Sudan, Congo and Algeria.
B-
The Components of Population:
The Jamahiriya’s population is estimated at 4389739. Women constitute almost half
the population of the Libyan society. According to the available research and
statistical studies as well as the results of the general census of the population,
conducted in the last four decades the female percentage increased from) 0.48% in
1954 to 5.48% in 1992. It has also increased with respect to the overall population
from 1.48% to 9.48% during the period under review. The people of the Libyan Arab
Jamahiriya are considered to be united and homogeneous due to common Arab roots to
which they belong. They are of a deeply rooted Arab origin who exist on the Libyan
land just as is the case in the other countries of north Africa – through ancient and
recent Arab migrations which can be traced back to three factors as follows.
1.
2.
3.
-
The ancient Arab migrations.
Migrations as a result of Arab Islamic conquest.
Migrations after the conquest. The oldest migration could be traced far
back to over ten thousand years, the original source of which is
precisely the Arabian peninsula and Yemen.
The region was also subjected to the factors of a great deal of human travails, countermigrations and the intermingling of the Negroes with the ancient Arab race in a form
of a blood mixture in which the geographical and climatic factors played a great role
and continue to manifest itself in the origins of, the populations up to itself in the
origins of, the population up to date. The borders of Sudan, Niger, Mali, Chad and
Northern Nigeria are characterised by the existence of the ethnic, linguistic, religious
and cultural factors of intermingling, throughout the centuries between Libya and the
rest of the countries of Arab Maghrib on the one hand and the bordering African
countries on the other.
From this social composition of the population in Libya, it has become clear that in the
Jamahiriya there exist no ethnic or religious minorities. Therefore, ethnic or religious
conflicts are non-existent in Libya. Indeed, the people continue to co-exist in harmony
with no form of injustice or persecution against any section of the population.
Secondly:
The organisational structure of the Great Socialist Peoples’
Libyan Arab Jamahiriya.
A - The Political System:
The political system of the Libyan Arab Jamahiriya is based on a direct popular
democracy under which the people assume directly the political, economic and social
responsibilities, taking decisions and enact laws, affecting various activities of the
public and private lives.
The direct popular democracy in the Jamahiriyan system is rested on two basic
foundations:
- The Peoples’ Congresses and
The Peoples’ Committees
-
At the peoples’ congresses, the power of political decision is assumed by the people
through the basic popular congresses. The people as a whole take decisions of their
own choice through the peoples’ congresses.
The organ of implementation is the peoples; committees which are selected directly by
the people, starting from the peoples’ committees at the level of the basic congress up
to the general peoples’ committee (cabinet) which implement the decisions, taken by
the people at the peoples’ congresses. The rule in the Jamahiriya system is the system
of the peoples’ power, namely: (Peoples’ congresses decide and peoples’ committees
implement). The practical exercise of power in the system of peoples’ power, means
the people, taking control of themselves and doing away with any form of
intermediary, instituting its self between the political reality constituted in the power
and the social reality.
It is the people who decide with respect to dealing with all the matters such as foreign
policy, planning, justice, public security, defence etc. The people also legislate the
laws and select a peoples’ committees with respect to any area of the above named to
implement the decisions taken by them.
B – The Organ of Legislation
The instrument of legislation is constituted as stated above only in the basic peoples’
congresses, and these congresses include as members, all the adult Libyans aged
eighteen and above male and female alike.
The mechanism of legislation and the laws can be clarified as follows: when the
masses feel a need for a law to be passed with a view to organising aspects of
activities, affecting their lives, they would initiate it through the peoples’ congresses
guidelines for the enactment of the law. Then such a proposed law will be presented to
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the basic people’ congresses to enact or amend it or otherwise, then, this proposal will
be submitted to the general peoples’ congress which in turn will put together different
views and will draft the law which is to be binding with effect from the date it will be
published in the official gazette.
Alternatively, the general peoples’ committee or one of the authoritative peoples’
committees within its competence will submit draft laws for consideration by the
peoples’ congresses which discuss the draft law and effect appropriate amendments.
They however, have the power to turn down the law or send it back to the general
peoples’ committee which has proposed the law, attaching to it observations for
reconsideration, adoption by the peoples’ congresses or introducing amendments to it
or rejecting it altogether.
There after, the draft laws submitted to the general peoples’ congress (it is regarded as
the forum for the peoples’ committees which include trade unions and the professional
associations) which is held as a general drafting committee for these laws as well as the
decisions, taken by the congresses, taking into consideration its observations before
passing the law to be binding with effect from the date it will be published in the
official gazette.
Accordingly, it has become clear that the peoples’ congresses are the only legislative
organ in Libya. The enactment of laws, their amendments or abolition lie within the
jurisdiction of the basic peoples’ congresses, regarding all aspects of public and private
activities of the society. In the event of a need for legislating a law it is this organ
which organises it.
C -
The Organ of Implementation:
The peoples’ committees selected by the people administer all the matters such as
justice, defence, foreign policy, petroleum, the economy or otherwise. It also
implements the decisions taken by the basic peoples’ congresses, each within its area
of competence and is directly responsible before the peoples’ congresses.
No executive power exits in Libya without being subjected to the peoples’ power and
control in accordance with the basic rule of the Jamahiriya system, namely: the system
of peoples’ power: (peoples’ congresses).
D -
The Judiciary (Courts – The Public Prosecution)
The Courts:
The courts are divided into four categories:
The criminal courts - The civil courts – The administrative courts – The personal law
courts.
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The stage of prosecution passes through three levels: primary, appeal, then comes, the
final stage of appeal before the supreme court, considered to be the highest judicial
authority on the land. The appeal cases are submitted to this court with regard to the
criminal, civil, administrative and the personal laws sentences, passed at the end of the
last stage of the prosecution. Its rulings and principles are binding on all courts and the
administration in Libya.
The Public Prosecution:
The public persecutor heads this department. In the Libyan judicial system, he has the
power to personally handle criminal cases or delegate them to one of the members of
the public prosecutions department (article 2 of the law of the criminal proceedings).
The law empowers the public prosecutor to handle the criminal cases by himself, save
the cases in which the criminal lawsuit is dependant on the nature of the complaint of
the victim or the cases in which the handling of the prosecution is dependant on the
request of the secretary of justice (Minister of Justice).
The Independence of the Judiciary:
The Judges enjoy an absolute immunity, an independence, provided for by the law
thanks to the independence of the judiciary.
The Modality of Selection of Members of the Judiciary:
Members of the judiciary are selected from among the university degree holders in the
law or “Shariah’ and the law. They are appointed by the supreme body of the judiciary
which is composed of the Secretary of Justice (Minister of Justice) and the chief justice
of the supreme court, the prosecutor General, most senior judges of the appeal court
and heads of judicial bodies as well as all those of higher judicial rank. The supreme
body of the judiciary is the only authority to appoint all the judges, promote, deploy
and discipline them in the event of their breech of the law. The judges also at the time
of their appointment and promotion hold privileged ranks. They enjoy greater special
financial priviledges than any other government officials in the other departments in
the country in view of their independence and the nature of the job they perform.
The Legislative and Judicial Guarantees with Regard to Human Rights and Basic
Liberties in the Great Jamahiriya.
Firstly The Legislative Guarantees:
AThe Libyan Arab Jamahiriya acceded to 25 international conventions on human
rights and his basic liberties out of its conviction that the inter relationship amongst all
civil, economic, social and cultural human rights are intricately cohesive. Being so
concerned with human rights and his basic liberties as stipulated in the covenants and
charters as well as the implementation of these rights, The Great Jamahiriya adheres to
the principle that the international conventions held by the Jamahiriya or organised or
4
ratified by the basic peoples’ congresses and published in the official gazette, shall be
binding and implemented. This will be considered to be an internal legislation, binding
on the national judges with effect from the date of its publication in the official gazette.
The African charter on human and peoples’ rights is one of those conventions.
Therefore, it is right for any interested party to advocate through the provisions of the
charter before a national judge and that judge will be obliged to act accordingly within
his jurisdiction and authority conferred upon him by the law.
B -
The principle of the Legality of the law (the rules of justice and
Impartiality).
This principle guarantees the right for every individual who thinks that his liberties and
basic rights have been affected by any given law to challenge the legality of that law,
based on the principles of justice and impartiality as provided for by article 8 of the
Libyan civil law which regards the principles of justice and impartiality as one of legal
sources of the law, based on this principle, any law that does not draw upon the rules of
justice and impartiality can be challenged in court up to the highest level of
prosecution, namely, the supreme court whose rulings and principles are binding on all
courts and the administration.
C -
The Great Green Paper on Human Rights:
The Green Paper contains all the rights and basic liberties of human rights provided for
by the regional, continental, and international conventions and declarations. Added to
these, are new rights, not provided for in those mentioned above. It includes the civil,
political, economic, social and cultural rights as well as a right to peace, well being and
welfare. It calls for the destruction of the atomic, biological and chemical weapons
and means of mass destruction. The high-lights of the new concept have brought into
the area of human rights ideals which cannot be found in the continental and
international declarations and conventions: Non – ownership of the land – Abolition of
wages and wagers, the house belonging to its tenant and the struggle for freedom as
well as assisting the oppressed people. It also includes the right to self-determination
and forbids employment of house servants, regarding it as a form of modern slavery.
The rulings of The Green Paper supercede the other legislations. Every citizen has a
right to challenge the legality of any law run counter to the principles of the paper.
D - The law on The Promation of Freedom.
This is the law derived from international charters and covenants on human rights and
his liberties and serve as an essential source of this law in accordance with its preamble
(after a review of international charters and covenants on human rights and his basic
liberties). This law has been guided by The Green Paper on human rights with regard
to human principles and values. It has established the basic principles, stipulated in the
international charters and covenants on human rights and his basic liberties.
5
E - The Penal Codes:
The judiciary derives a great deal of importance from the area of the protection of
liberties and basic human rights. Therefore, the Libyan legislations show an interest in
the independence of the judiciary so as to enable individuals to resort to it with a view
to securing and strengthening their rights and liberties whenever they fall victim to
injustice and violation of their rights. The Green Paper guarantees the independence of
the judiciary in the areas of human rights and the right to bring up cases for
prosecution in accordance with the ninth principle of the paper (the Jamahiriya Society
guarantees the right to litigation and the independence of judiciary, and every accused
person has a right to a fair and honest trial). The law on the promotion of freedom
No. 20 issued in 1991 in article 30 and 31 has confirmed this meaning in conformity
with article 30 which says: (every person has a right to resort to the judiciary,
according to the law and the court has to secure in his favour all the necessary
guarantees, including the designation of a lawyer). Article 31 provides: (the judges are
independent, responsible to none but the law). The judicial system has itself
established the same principles.
The Supreme Court is regarded as the highest level of prosecution in Libya. All the
Libyan courts and public administration are bound in-accordance with the law,
establishing the supreme court – to carry out the principles and rules laid down by the
court in the area of guaranteeing liberties and human rights.
The people’s court is one of the basic guarantors of liberties and human rights. Article
1 of the people’s courts No.5, issued in 1988 has mentioned precisely the objective of
establishing this court: (a court, called people’s court shall be established in accordance
with this law aimed at promoting freedom and dispensation of justice to the victims,
and prevention of injustice, consolidation of justice and security as well as asserting
the people’s power). The court according to this law is empowered to look into the
appeal cases regarding the proceedings and decisions, touching on the freedom of the
citizen and his other basic rights. It is also competent to look into the appeal case, the
proceedings and the decision, touching on the personal liberties.
A Review of Comparative Texts of The Articles of The Charter Vis- avis The
Libyan Legislations
Through this review, we shall make a comparison between the first part of the charter –
if we were to divide the charter into three parts. These are the relevant texts, dealing
with civil, political, economic, social and cultural rights which responsibility falls on
he states, party to it. It is their obligation to include these texts into their local
legislations in harmony with the provisions of the charter and the international
covenants. This is derived from the first article to the eighteenth article of the charter
and relevant Libyan Legislations. The second part of the charter which comprises (the
people’s rights) which means self-determination for the people, control over their
natural resources, the right to peace and security, conservation of the environment and
development. The Jamahiriya, since the out break of September El-fateh revolution in
1969 continued to raise a banner of liberation of the people from colonialism or foreign
6
domination as well as the right of people to self-determination, their right to security
and peace, abandoning wars, exploitation and terrorism. It has also forbidden racial
discrimination, due to colour, nationality, religion or culture. All these principles have
been guaranteed by the internal legislations. Prominent among them, is The Great
Green Paper on human rights, regarded as an essential source of legislation in this
respect. It is unacceptable to deviate from its principles. It forbids all forms of acts
contrary to the principles and rights embodied there-of.
The third part, regarding the obligations towards his society even his personal identity
as a member of the society, cannot be achieved without performing his duty and
enjoying his rights. Before setting out to make a comparative review between the texts
of the African charter of human and people’s rights and the relevant Libyan
legislations, guaranteeing human rights and his basic liberties, it is worth refering to
two basic points:
•
Firstly:
Despite the fact that the Libyan legislations - as mentioned above guarantee all the
rights and basic liberties for a human being as provided for in the charter and other
relevant international covenants, regarding human rights to which the Jamahiriya has
acceded and added to them new rights which are not yet stipulated in those charters,
notwithstanding, the Jamahiriya is committed to the principle that the international
conventions to which Jamahiriya has acceded supercede the internal legislations and
binding without a need to include its provisions into the internal legislations.
•
Secondly:
That the source of legislation in Libya is the people’s congresses only. Consequently,
any law or amendment of the law, the people will be the source of that law through the
basic people’s congresses. The people’s participation in this exercise means providing
a basic guarantee in order that any legislation or proceedings shall not restrict human
rights and his liberties or their violation, hence the people are the first and last to be
responsible for legislation through their congresses.
Article 1 of The Charter
It is a general procedural article by which the countries, party to the charter recognise,
the rights ad obligations stipulated there-in and under take to implement the necessary
legislative measures.
The Jamahiriya has taken all the necessary legislative measures with a view to
implementing the provisions of the charter as stated above, which will be delt with
later on.
7
Article 2 of The Charter
The Relevant Libyan Legislations
Article 17 of The Green Paper on human rights stipulates that (the citizens of the
Jamahiriya Society do not accept discrimination against human beings due to colour,
nationality, religion or culture).
The law no. 20 issued in 1991 states in its preamble in connection with promotion of
freedom as follows:
(having reviewed The Green Paper on human rights, charters and international
covenants on human rights and his basic liberties etc). the paper emphasises a total
adherence to those charters and covenants in this regard.
Article 13 of the draft constitution also rules as follows: (equality of all citizens before
the law without distinction due to nationality, origin, the language, the religion or faith
or any other opinion).
Article 3 of The Charter
The Relevant Libyan Legislations:
Article 1 of the law No. 20 issued in 1991 in connection with the promotion of freedom
provides that (the Citizens in The Great Jamahiriya, male and female are free, having
equal rights which cannot be compromised).
Article 7 of The Draft constitution Also Provides:
(The citizens are free with equal rights and duties whose basic rights and liberties
cannot be infringed. Any measure or proceedings contrary to them will be regarded as
null and void).
Article 4 of The Charter
The Relevant Libyan Legislations
The Green Paper in article 7 provides: (The Citizens of the Jamahiriya society are free
to conduct their private and personal relationship with others without an outside
interference except in the event of a complaint by one party of the relationship if
detrimental and harmful to the society or incompatible with its values). Article 16 of
the law on promotional of freedom stipulates: (a private life has its own sanctity and
no one is permitted to interfere with it unless it constitutes a threat to the others and
general morality or detrimental to the others one of whom might lodge a complaint
against the other) within the frame work of protection of human freedom against any
violation. Article 19 of the same law stipulates: (Homes should be given their due
respect with no one to enter, or censor or search them except in the event that they are
8
used to conceal a crime or shelter criminals or to do harm to the others materially
morally, or for other purposes clearly contradicting social traditional and moral values.
Except for the cases of a suspicion or a search for help, homes shall not be entered
without permission by those who legally occupied them).
Article 15 of the same law stipulates: (confidentiality of the correspondence which
shall not be censored except in stringent cases which requirement the security of the
society may permit after clearance given by a judicial authority.
The law of the criminal procedures also guarantees the protection of human privacies.
It stipulates in article 34, 35, 36, 39, 40 and 41 that entering private residences is
forbidden, unless clearly required by the law. It also regulates rules of searching
residences of the suspects with a clear purpose of searching as well as the mode of
dealing with assets of the residences.
Therefore the Libyan legislations have provided enough guarantees with regard to the
freedom of individuals through protection of their private lives, prohibition of
trespassing their homes and censoring their correspondence which shall not be
infringed unless necessary in stringent and limited cases.
The legislations have also guaranteed respect for human life, his moral and physical
person which right he shall not be denied for arbitrary reasons. For article 6 of the law
of protection of freedom provides: (Every human has a right to the safety of his body
and prohibition of conducting scientific experiments on a living human body without
his consent).
Article 4 of the same law stipulates: (life s a natural right for every human, the capital
punishment shall not be applied except for a lawful penalty or with regard to those
whose life constitutes a jeopardy to the society).
Article 8 of The Green Paper on human rights stipulates: (The citizens of the
Jamahiriya society respects and preserve human life. The objective of the Jamahiriya
Society is to abolish capital purnishment. Until the objective is achieved, capital
purnishment will continue to exist in case of persons whose lives constitute jeopardy to
the society. If a person is sentenced to death he has a right to investigation or pay a
ransome in lieu of sparing his life.
The court is empowered to commute the sentence if not detrimental to the society or
inconsistent with human feelings. It condemns execution through abhorrent means
such as an injection, electrical chair and poisoned gas.
In reviewing the summary of these texts it has become crystal clear that the Libyan
legislator respects and preserves the life of human beings and restricts the cases of
capital purnishment to a very narrow scope, such as those whose lives jeopardise the
society.
9
Article 5 of The Charter
The Relevant Libyan Legislations
The Libyan legislation provides the right for every individual to be recognised as a
person before the law. It also provides protection for the components of the legal
person – The Libyan civil law regulates that in articles 29, 30, 33, 34, 38, 40, 44, 48,
49, 50, and 51 there-of under the Libyan law the legal personality is composed of a
name, a surname, a habitat, a nationality and a full capability as a human being to
exercise his civil rights. Article 38 stipulates: Every person shall have a name and
surname. The surname of a person shall include his children, a home that is the place
where the person usually lives in and that person has a right to own at the same time
more than one home. Every person has a right of choice as far as the place of work,
profession or business is concerned he also has a right of choice to certain legal
practice, ability to exercise his civil rights, being an adult enjoying his full mental
capacity.
The legal personality in the Libyan law starts with a birth of a human being alive, and
ends with his death. The right to the legal personality will not be considered unless the
legislator provides for the legal protection. Once, the legal status is proven in regard to
an individual no one has a right to take it away from or amend its provisions. The
legislator provides necessary protection for the pertinent rights of the person. Every
individual whose person is subjected to an unlawful attack on any part of his person, is
permitted to take action as to stop such an aggression, with a demand for a
compensation for any damages that he may suffer. Such is the case in regard to his
name which also must be safeguarded. The Libyan law prohibits exploitation of man
of any form. According to article 10 of the law on the promotion of freedom: (Every
citizen is free to choose any kind of occupation that fits him as an individual or in
partnership with another, having no intention of exploiting each other or causing
material or moral damages to the other).
The Libyan legislator includes the crimes of slavery among the crimes against
freedom. Article 425 of the penal law stipulates: (Any one who deals in slave trade of
any form involving a person held in bondage or semi-bondage shall be imprisoned for
a period not exceeding ten years. The terms of imprisonment ranges from three to
twelve years in respect of any person involved in salve trade or semi-bondage or
surrendering a person or attaching him to himself or acquiring holding onto him in that
state).
The Libyan legislator has tackled in articles 415, 416, 417 418, and 419 cases pertinent
to human freedom in the context of enslavement: instigation for prostitution and its
imposition on others and use of harlots or trading in women on an international scale or
facilitating that trade.
The Green Paper on human rights stipulates in article 22 in connection with the home
maids, according to the principle establish by the paper are treated as more than slaves
serving their employers without any legal frame work to regulate their state. They do
10
not enjoy adequate rules and regulations to protect them. They live under the mercy of
their masters forcing them to perform jobs contemptible to their dignity and human
feelings for reasons of need. For the house should be cared for by its own occupants.
This has been a previous ruling established by The Green Paper on human rights. The
paper therefore in dealing with these concerns, has gone for beyond the legislative
aspects at an international level.
The paper seeks to prevent torture, purnishment, a hard labour and long prison terms.
It also forbids causing material and moral harm to the person of the prisoner. It
condemns trading in him or conducting experiment on him. Article 6 of the law on the
promotion of freedom provides: (Safety of the body is a right for every human being
and conducting scientific experiment without his consent is prohibited). Article 17 – 2
of the same law stipulates: (It prohibits to forcibly bodily and psychologically torture
the accused person of any form of severely and outrageously, thereby infringing his
human dignity). Article 45 of the penal law stipulates: (Any public servant orders
torturing the suspects or torturing them by himself shall face prison terms ranging from
three to ten years). Article 431 of the penal law stipulates: (If any public servant uses
violence against individual persons during his term of office and by way of
encroaching arbitrarily on their dignity, causing bodily pains, shall be imprisoned with
a payment of a fine not exceeding one hundred and fifty Dinars.
Article 6 of The Charter
The Relevant Libyan Legislative Texts
Article 2 of The Green Paper stipulates: (The Jamahiriya society sanctifies and
protects human freedom. It forbids imposition of any restriction on this freedom.
Only the persons whose lives jeopardise society or corrupt the others shall be
imprisoned. The purpose of the purnishment is to effect social reform and protect
human values). Article 4 of the law on the promotion of freedom stipulates: (No body
shall be deprived of his freedom or searched or questioned except in a case of
accusation of committing a purnishable offence. Such measures shall be ordered by a
competent judicial authority. In accordance with clearly spelt out provision in the law.
A precautionary detention of an accused person shall be in a place where his family
members could be informed of his detention within the necessary shortest period of
time, giving them reasons for his detention).
Article 30 of the law of criminal procedures provides: (No one shall be arrested or
jailed without an order by the legally competent authorities). Article 31 of the same
law stipulates: (No one shall be jailed except in the designated prisons for that
purpose. No prison officer has a right to accept any person in that prison without a
written and signed order by the competent authority. He shall not be retained in prison
after the end of his prison terms).
By reviewing this text it has become clear that the Libyan society respects the right to
freedom and protects it.
The Libyan law forbids restriction of freedoms.
Imprisonment takes place only in exceptional circumstances, involving a person whose
11
freedom jeopardises the society. The objective of the purnishment provided in the
Libyan legislation is to effect a social reform and protect human values of the society.
The Texts of The Relevant Libyan Legislations
1 – A – The Libyan law guarantees the right to prosecution in society as the individual
is entitled according to the law to resort to the court by putting up a case of any offence
committed against him or claiming any of his rights. Article 9 of The Green Paper:
(The Libyan society guarantees the right to prosecution and the independence of the
judiciary. Every accused person has a right to a fair and hones trial). Article 26 of the
same paper provides: (Every individual is entitled to resort to courts in the search for
justice and none infringement of his rights and his liberties as stated in that paper).
Article 30 of the law on the promotion of freedom establishes: (Every person has a
right to resort to courts according to the law and the courts shall ensure that he is
afforded all the necessary guarantees including the designation of a lawyer and a right
to seek assistance of a lawyer of his own choice out side the court).
B An accused person is presumed innocent until he is proven guilty before a
relevant court, for article 17 of the law on the promotion of freedom stipulates: (The
accused person is presumed innocent until he is proven guilty in a law court.
Notwithstanding, the legal proceedings may be under way against him as long as he
remains a suspect. As a rule a man by defination is innocent until he is proven guilty
by a court ruling. For he enjoys this status. The sentence must be passed by a
competent court legally established, providing for him guarantees for self defence. No
penalty shall be applied to him without one that may be ordered by the same court. It
is natural that an act of crime attributable to a suspect to form a basis for criminal acts
as provided for in article 1 of the penal codes: ( No Crime and no penalty without
them being stipulated in the law. As regards the provision at the end of article 17 of
the law on the promotion of freedom regarding legal procedures against a suspect,
means those proceedings are required by the actual crime committed such as
precautionary detention, apprehension, summoning and interrogation as the only
justification.
CArticle 9 of The Green Paper and article 30 of the law on the promotion of
freedom guarantees the right of a suspect to designate a lawyer in his defence or his
right to having a lawyer of his own choice and at his own expence.
In all criminal cases the law provides that every accused person shall have a lawyer to
defend him in courts. In the event that he is unable to do so the court shall designate a
lawyer for him at the expence of the public funds. Further more, the Libyan legislation
has guaranteed a prosecution free of charge for individuals as stipulated in the draft
constitution, and The Green Paper on human rights and the law on the promotion of
freedom. Indeed, it has gone farther to take a more important step by establishing a
free prosecution, regarding it as a voluntary social service enjoyed by a litigant
according to the concept of justice free of charge. Such is the case for free education,
treatment, and social security. For this concept has gone beyond that scope: For it also
includes the protection of the litigant against exploitation by demanding exorbitant
12
charges and fees payable to the lawyers, since the law provides a free lawyer
designated by a public office established by the law No. 4 in 1981. This department is
equiped with legal specialists of a higher standard who are as good in performance,
experience and possibilities as those of practising lawyers within the frame-work of
what is know as free careers. For the members of the people’s department for legal
practice under take the defence of the accused persons and protection of their rights
free of charge. The state pays fees to the lawyer, litigational expenses and the judicial
fees. Under this system the accused person enjoys freedom of choice between a free of
charge trial or taking a private lawyer in accordance with the law.
This is another step in the area of the promotion of human rights peculiar to the Libyan
judicial system in the world.
D – The right to a trial within a reasonable period of time through a neutral court.
Article 26 of the law of procedures stipulates: (The judicial registrar shall listen
immediately to the statement recorded on the accused person if not satisfied about his
innocence, he should send him within twenty-four hours to the relevant department of
the public prosecution).
Article 112 stipulates criminal proceedings: (The legal investigator must immediately
interrogate the apprehended accused person, failing which the latter shall be placed in
custody until his interrogation takes place. This period of remand shall not exceed
twenty-four hours failing which the prison’s commissioner must surrender him to the
public prosecution). Article 58 of criminal proceedings stipulates that: (President of
the appeal court shall supervise the conduct of the investigating judges with the
necessary speed, keeping up the time frame as determined by the law). This means
avoiding unnecessary delay in the process of the investigations.
With regard to the neutrality and integrity of the court article 9 of The Green Paper
stipulates that: (The Jamahiriya society guarantees the right to prosecution and the
independence of the judiciary, as every accused person is entitled to a fair and honest
trial).
As stated above the judges in Libya are independent not answerable to any one but
their conscience and the law.
2 – Article 1 of the penal codes stipulates that: (No crime and no penalty without a
written order).
Article 2 of the same law: (purnishment against a crime shall be administered
according to the law in force at the time of its commission. Notwithstanding,
following an act of a crime and before a final sentence is passed on it only the law
more favourable to the accused person shall be applied.
If a law is passed after a final sentence which will make the act on which the criminal
was sentenced is unpurnishable there shall be a stay of execution with no other
criminal implications to affect the accused person).
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Article 8 From The Charter
The Relevant Libyan Legislations
In the opinion of the Libyan legislator, the religion is an absolute faith in the unseen
and in its glorious spiritual values which relates an individual to his creator and people
as a whole. It regulates the direct relationship between human and his creator without
a need for a intervention by an intermediary in this relationship. The religion is a
social function associated with life in the society and an expression of a necessity of
establishing the factors of a psychological and social equilibrium including certain rites
to be performed by human beings regarded as a way of emphasising a direct private
linkage with the Almighty Allah glory be to him.
Article 10 of The Green Paper on human rights stipulates that: (The Jamahiriya society
shall refer to the glorious shariah whose rulings are in-changeable as a religion is an
absolute faith in the unseen and its glorious spiritual values. It concerns human as an
individual and the people as a whole. It is a direct relationship with the creator without
a need for an intermediary. The Jamahiriya society forbids the monopoly or
exploitation of the religion in order to agitate an unrest, a fanaticism, partisanism and
conflict). Article 5 of the law on the promotion of freedom stipulates that: (The
religion is a direct relationship with the creator without an intermediary. It forbids the
monopoly and exploitation of the religion for what ever purpose).
Article 289 of the penal codes penalises by imprisonment and fining against any one
who causes publicly confusion with respect to the performance of religious rites or
special religious ceremony or attempting to obstruct the public order through violence
or threats. The law penalises any one who demolishes or causes damages or desecrates
buildings designated for the performance of religious rites or other matters of spiritual
concern to the followers of a religion or a group of the population.
Article 240 penalises according to the same law by imprisonment and fining anyone
found to offend openly religious order whose rites are publicly performed.
Accordingly, it has become clear that the Libyan legislator has catered for the right to
the freedom of thought, sentiment, and religion as well as freedom of profession of a
religion, providing more guarantees for the public performance and pronouncement of
the religion. This is a pre-requisite for the protection provided by the law with regard
to any religion be it a creed or a group of people or a sect due to the fact the religion is
accompanied by holy spiritual values, associated with the existence of man. It also
regulates the relationship with his creator without any proxy.
Article 9 of The Charter
The Relevant Libyan Legislations
1 Every individual is entitled to information, as there is no restriction in Libya as
far as freedom of individual in access to information of their own desire and from any
source being televised, radio or written materials are concerned. So long as such
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information will have no adverse effect on national unity or religious faiths of the
people or one that is incongruous with the noble principles and objectives of the
Revolution or the public morality or which may pose a threat to the public security.
No restriction is imposed on this matter except for the provision of article 26 regarding
the printed matters number 76 issued in 1972: (The head of the printing press or his
representative has the right to stop circulation of any number of any foreign
publications if it is clear that such a publication could endanger the national unity or
religious ideologies or incompatible with the principles and objectives of the
Revolution. In the same vain, any publication which might infringe the public morality
and security or a fabricated story to such an extent as to cause confusion in the public
opinion).
2Every human according to the Libyan legislations is entitled to his opinion as
such, he should be allowed to express it through a variety of available means.
The law on the promotion of freedom in article 8 has guaranteed this right when it
says: (Every citizen has a right to express his own views and opinions publicly at the
peoples congresses and in the media.
No citizen shall be questioned about his exercise of this right unless he uses this right
to undermine the people’s power for his own personal purposes. A clandestined
propagation of ideas and views or an attempt to publish or impose them on the others
or by means of force or terrorism or forgery is forbidden).
Article 1 of the law of publications number 76 issued in 1972 stipulates that: (Press
and printing are freely accessible to every person who has a right to freedom of
expression in radio news agencies in conformity with his constitutional rights,
regulated by this law within the frame work of the principles, values and objectives of
the society).
Paragraph four of article 3 of the same law says: (Circulation means sale of
publications or displaying them for sale or distribution or sticking on walls or
displaying them in public places or any other action which could give them access to
all).
Article 10 of The Charter
The Relevant Libyan Legislations
Article 9 of the law on the promotion of freedom says that: (The citizens are free to
establish trade unions professional and social associations and charitable organisation
as well as joining them as members with a view to protecting their own interest or
attaining legitimate objectives of the established organisation).
Article 115 of the law number 58 issued in 1970 stipulates: (The workers of common
trade or of occupation or vocations or identical professions or in association in terms of
production, have a right to form a union for the purpose of enhancing their productive
15
culture and knowledge of their duties, promotion of their interests, defence of their
rights and improvement of their material, social and cultural conditions).
The law number 107 passed in 1975 relating to the labour unions has specified the
following objectives:
ADissemination of labour awareness, upliftment of cultural standard and
sufficiency in production as well as the technical standard of the workers, in addition to
their contribution to the social and industrial development of the community.
B Maintenance of the duly established rights and liberties of the unions’ members
and defence of their interests as well as the improvement of their working conditions.
C - The upliftment of social, health and economic standard of the unions’ members
by providing them with health care and housing services as well as the consumer cooperative for them and their families.
D - Strengthening and development of their connections and relationship with
organisations and international and Arab trade unions.
In light of the above, it has become an established fact that the right to freedom of the
formation of associations with others including the formation of trade unions and their
membership, is guaranteed under the law. There is no law in existence to force any
one to join any organisation without his own will.
(ARTICLE 11 OF THE CHARTER)
The Revenant Libyan Legislations:
The Libyan legislation guarantees freedom of association and meetings without
restriction unless such a meeting may cause threat to the Public security or order or
public health or safety particularly in regard to the protection of the rights of others and
their liberties in conformity with the provisions of the charter. Article1 of the law
issued in October in 1965: (Individuals are entitled to meet quietly and the law does
not permit the police to attend such a meeting as there is no need to obtaining any
clearance in advance.) The same law also have recognised freedom of holding public
meetings and demonstrations within the limits defined by the law. Article 2 of the law
has stipulated that the local authorities should be notified in writing of a planned
meeting or demonstration in advance in forty-eight hours time. The purpose of such a
notification is to inform the local authorities of the planned meeting.
Article 4 of the same law does not permit the public authorities to stop the holding of a
general meeting unless such a meeting may cause disturbances to public security and
or order. The organisers of a meeting shall be informed of the authorities decision not
to go ahead with such a meeting within twelve hours before it is held. The same
article has given the right to those concerned to appeal against the decision of the
minister of the Interior.
16
(ARTICLE 12 OF THE CHARTER)
The Revenant Libyan Legislation:
The Libyan legislation guarantees the right of every person to a completely free
movement during the peace time and choice of place of residence or leaving the
country and returning home when ever he wishes. This right is unrestricted unless in
case of the protection of public security and order during the periods of serious
disturbances which may required an imposition of a state of emergency. Such
restrictions during this period are regarded as temporary and may affect free movement
and residence.
ARTICLE 3 OF THE GREEN PAPER STIPULATES THAT:
(The citizens of the Jamahiriya Society are entitled to free movement and residence in
time of peace.) Article 20 of the law on the promotion of freedom provides that;
(every citizen in time of peace is entitled to free movement, a choice of place of
residence and has a right to leave and return to Jamahiriya when ever he wishes.)
Article 25 of the draft constitution provides that; (every citizen is entitled to free
movement and residence and return to the country. No one has a right to send any
citizen out of the country or prevent him from returning there to.) In this respect it is
worth referring to the fact that the whole of the Libyan Nation are deprived of the right
to free movement according to Article 12 of the African Charter on Human and
People’s Rights and Relevant International Charters and covenents on Human Rights
and his Liberties. This is in view of the restrictions imposed on air travels and
movement by the resolutions issued by the international Security Council in complete
contradiction with the provisions of the charter and other covenants. It is also regarded
as an outrageous violation of these instruments, thereby subjecting the Libyan people
to untold losses with its adverse effects on all areas of life, health educational and
developmental plans. This was attributed to a mere suspicion about two Libyan
nationals whose guilt is not proven. Such action is in contradiction with the most
important legal principles provided in all the charters and covenants on Human Rights,
namely: (an accused person is presumed innocent until he is proven guilty.) With
regard to the expulsion of foreigners who legally entered the country will be inadmissible without a decision in conformity with the law. The legislation has
guaranteed his right through the rules and regulations imposed on the entry and
residence of foreigners in Libya and their departure there from. For the law number 6
passed in 1987 on the matter of entry and residence of foreigners has tackled it in
article 1,2,5,8,10,11,12,13,14,15,16,17,18, and 19 as stated above.
Article 1 provides that entry and departure to and from Libyan territory shall take place
through entry/exit points designated by the competent authorities. Article 2 on entry of
a foreigner and his residence on the Libyan territory is conditional on his acquisition of
a valid entry visa in accordance with the provisions of the law which must be afix on
his valid passport or travel document issued by a competent and recognised authority.
Article 5 defines the types of visa granted to foreigners. Article 8 explains the
commitments of a foreigner and his respect for the general rules and regulations – and
17
registration within a time – frame – notification on the loss or damage or expiry of the
validity of a travel document.
Article 11 of the same law obliges a foreigner who has legally entered and is permitted
to live in Libya for a specific reason not to do anything contrary to that purpose
without a prior written clearance from the director of the passports and nationality or
his representative accordingly.
Article 6 specifies the instances in which a residence visa granted to a foreigner can be
abolished and they include the following:
A. If any thing found in his possession which may jeopardise the state and its safety
inside or outside or its economy, the public health and morality or becomes a
liability on the state
B. Convicted in a criminal case or for an offence detrimental to integrity or honesty or
public security as provided for in articles 144 and 137 of the penal codes. The
expulsion of a foreigner according to article 144/4 is one of the preventive
procedures taken against the foreigner and by a decision of a judge.
C. If he violates the conditions on the basis of which he was granted an entry visa.
D. If the purpose for which he was granted the entry visa is no longer in existence, the
decision to abolish the visa irrespective of its validity will be the prerogative of the
director general of the passports and nationality. The instances in which a
foreigner can be expelled are determined in article 17 as follows:
(a) If a foreigner enters the country without a visa.
(b) If he fails to leave the country in spite of the expiry date of his residence permit and
the competent authority refuses to re-new it.
(c) If the residence visa is abolished for one of the reasons stipulated in article 16.
(d) If a court order is issued to expel him. The decision of his expulsion in A, B, and C
must be decided by the director general of passports and nationalities. In this case,
there is room to challenge the expulsion decision in order to confirm whether this
decision is in conformity with the provision of the law and that the reasons for his
expulsion are based on a principle not-connected with the national security
consideration.
No Libyan law permits a mass expulsion of foreigners particularly if there is an
attempt to target ascertain national groups, racial, ethnic or religious.
(ARTICLE 13 OF THE CHARTER)
The Relevant Libyan Legislations:
The citizens have equal rights which emanate from the fact that they are all free whose
rights cannot be infringed or discriminated against for any number of reasons such as
nationality, culture, colour, language or religion. They are entitled to take part in the
exercise of power and self-determination within the political frame work chosen by the
society itself, namely: A system of people’s power where the people decide through
18
the people’s congresses and select directly the people’s committees in charge of the
implementation of those decisions. Every citizen aged 18 and above has a right to the
membership of the people’s congresses and to take part in or being selected as
secretary to the people’s congress or people’s committee if he fulfills the conditions.
The right to take up a job as a public officer is guaranteed by the Libyan Legislator in
favour of every individual who fulfils the conditions attached to the job and it is not
subjected to any form of discrimination. (The green paper, the law on the promotion of
freedom and the law on public service.)
The Libyan legislations have also guaranteed every individual’s right to benefit from
the public properties and services within the framework of the total equality for all.
These include education, information, health and social welfare or otherwise. He is
entitled to utilize the land through his occupation and agricultural activity, a choice of
the type of profession he prefers, and his right to enjoy the fruits of his labour and
services on equal footing without distinction for any number of reasons. In assuring
these rights already guaranteed by the green paper on human rights and the law on the
promotion of freedom, no citizen shall be affected by prescription of time or
depreciation as to force him to abandon these rights.
In order to substantiate the above, the following legislative provisions could be quoted
below:- Article 1 of the law on the promotion of freedom:(The citizens in the Great
Jamahiriya, male and female alike are all free, enjoying equal rights which shall not be
compromised.)
Article 3 of the law: (The defence of the homeland is a right and honour of which no
citizen male or female shall be denied.
Article 23 of the law: (Every citizen is entitled to education and knowledge, and choice
of the type of education he prefers. Any monopoly of information or its purpose for
any number of reasons is forbidden.)
Article 33 of the law stipulates that: (Assets and the public utilities are the properties of
the society and shall not be utilized wrongly by the people. The public function is a
service to the society. It shall not be exploited or used for unlawful personal purposes.
(ARTICLE 14 OF THE CHARTER)
The Relevant Libyan Legislations:
Article 11 of the green paper on human rights (Ownership of property as a result of an
honest personal effort shall be safeguarded and shall not be touched except for a public
interest in lieu of a fair compensation.)
Article 12 of the same paper stipulates that: (the citizens of the Jamahiriya society are
free from feudalism. For the land belongs to no one, every individual is entitled to
utilize the land for his own benefit through his occupation and agricultural activity
throughout his life and that of his inheritors within the limits of his labour and his
needs.)
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Article 12 of the law for on the promotion of freedom stipulates that: (property is
immune and shall not be touched if it is a product of a legitimate project not connected
with exploitation of others or causing damages to them materially and morally. The
usage of such a property in a way that runs counter to the public order and morality
shall be banned. Private property shall not be expropriated except for a public utility
and in lieu of a fair compensation.)
Having reviewed the above provision, we have come to understand that the Libyan
legislation guarantees and respects the rights to ownership earned through a legitimate
effort, not connected with any form of exploitation of the others. The Libyan law
forbids any infringement of this property except for a necessity or public interest in
conformity with the guidelines set out by the law and in lieu of a fair compensation.
(ARTICLE 15 OF THE CHARTER)
The Relevant Libyan Legislations:
The Libyan legislator has guaranteed for the individuals the right to work as a duty of
every individual within the limits of his ability as an individual or in partnership with
others. Every individual is entitled to choose the type of occupation/profession he
prefers and to take up a public function if he fulfils the necessary conditions attached to
the job. The green paper on human rights stipulates the right to work regarding it is an
obligation and it is incumbent upon the state to provide a suitable job for every able
bodied individual within the limits of his ability. The green paper also stipulates that
taking up a job could be through either the individual himself or his family on
condition of non-exploitation of others so as to prevent him from controlling their
produce, or in partnership with the others whereby the producers will also have a right
to jointly own the productive plant, sharing its produce on equal footing. It shall be
run through their productive congresses on the people’s committee which can directly
be upgraded and responsible before their productive congress. The objective of this as
a whole is to create a society of partners rather than wagers where wages and
exploitation are non-existent in Libya. This is a new concept endorsed by the Green
Paper on human rights going beyond the provisions found in relevant international
charters on human rights as an addition to guaranteeing human rights in this
perspective as a whole.
Article 11 of the paper stipulates: (The Jamahiriya Society guarantees the right to work
as a duty and right for every individual within the limits of his ability alone or in
partnership with the others, choosing the type of job he prefers.
The Jamahiriya society is one of partnership rather than wages. A property that is a
product of a labour or effort is regarded as sacred and safeguarded not to be touched
except in the event of public interest and in lieu of a fair compensation.
The citizens of the Jamahiriya society are free from wages and in order to ensure the
right of human to his labour and production he who produces consumes.) The law on
the promotion of freedom has also confirmed this direction in articles 10 and 11 when
article 10 says: (every citizen is free to choose any type of job he prefers alone or in
association with others not connected with exploitation of others’ labour or causing
material or moral damages to them.)
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Article 11 stipulates that: (every citizen is entitled to enjoy the fruits of his own labour
without any deduction from his produce except for what the law has imposed as a
contribution to the public liabilities in lieu of social services which the individual
concerned enjoys.)
(ARTICLE 16 OF THE CHARTER)
The Relevant Libyan Legislations:
The Jamahiriya pays a special attention towards the public services which it renders to
individuals, the most important aspect of which is the health care and social security
and welfare.
Medical treatment in Libya is free of charge. This has firmly been established by the
relevant internal laws and regulations. Every individual is entitled to medical care and
all other health services free of charge. Indeed, chronic cases of illness which cannot
be treated internally the state has a duty and from the public funds to transfer such
cases to specilist international treatment centres abroad. An air fleet to undertake such
relief operations are available to transport the patients to out side the Jamahiriya for
treatment.
The Jamahirya has been able to eradicate all forms of disease and epidemics almost as
a result of its keen desire to provide the necessary medicines and vaccines to combat
diseases and disseminate health awareness among the citizens.
The state has also provided services of social security and welfare with respect to
certain categories of the patients such as the handicapped persons old-aged and
unemployed if any. As a result, the health standard in Libya could be favourably
compared to that of the advanced countries in the world. The Green Paper on human
rights has strengthened this direction in accordance with its article 14: (The Jamahiriya
society is regarded as co-herent which guarantees a respectable and dignified living for
individuals, bringing about a developed health standard for them in a drive to the
establishment of a society of the healthy.)
Article 24 of the law on the promotion of freedom stipulates that: (Every citizen is
entitled to social security and welfare.)
(ARTICLE 17 OF THE CHARTER)
The Relevant Libyan Legislations:
The Green Paper on human rights has guaranteed the right to education for all.
Indeed, it has gone farther to give the right to education a new concept. It has also
regarded knowledge as a national right of every human to choose the type of education
which he prefers without being directed or forced to do so. His exercise of this right
means that he learns the type of knowledge which suits him and will qualify him for
the type of profession which he desires. It will be unfair to impose on a human a form
of education for which he is not prepared.
21
Article 15 of the Green Paper has stipulated that: (Education and knowledge are
regarded as a natural right of every human being. Every human being is entitled to
choose the type of education and knowledge he desires without being forcibly directed.
Article 23 of the law on the promotion of freedom has provided that: (Every citizen is
entitled to education and knowledge of his own choice. The monopoly and
adulteration of information for any number of reasons is forbidden.)
It is worth referring to the fact that education in Jamahiriya and its related services are
offered free of charge. Every individual is entitled to have access to it with nothing in
return.
It is every one’s right to freely take part in cultural life of the society and the state has a
duty to offer in this respect all the necessary assistance towards the cultural activities
of individuals. The Green Paper on human rights has emphasised the cultural and
intellectual rights and considered the freedom of thought and innovation as one of
basic human rights thereby encouraging the development of sciences and the
upliftment of Arts and Literature to ensure their dissemination among the masses. The
objective of this is to prevent monopoly of the above.
Article 19 has provided that: (The Jamahiriya society is regarded as a brilliant and
innovative society. As such, every individual is entitled to freedom of thought,
invention and innovation. The Jamahiriya society always seeks to develop science and
uplift Arts and Literature and ensure their dissemination among the masses and prevent
their monopoly.)
Article 22 also of the law on the promotion of freedom has stipulated that: (Freedom of
invention, innovation and creativity is guaranteed within the limits of the public order
and morality so long as it is not materially and morally detrimental.)
With respect to the development of general ethics and traditional values, socially
recognished the Green Paper on human rights has emphasised the significance of this
in article 16:(The Jamahiriya society is a society of virtues and noble values which
hold the ideals and human values in high regard in the search for a violence freehuman society.)
(ARTICLE 18 OF THE CHARTER)
The Relevant Libyan Legislations:
One of the sacred rights in the Jamahiriya is for a human being to grow up in a coherently united family, composed of a mother, a father, brothers and sisters. This
sacred right is based on the ground that the family is the first social unit and fabric of
the society whose foundation is the religion and national morals which the state has a
duty to protect and care for.
Article 20 of the Green Paper has emphasised that: (The Jamahiriya society stresses the
fact that one of the sacred human rights is for a human being to grow up in a coherently united family, composed of a mother, a father, brothers and sisters. The
22
human being by his nature will be unfit to live without a true motherhood and natural
breast-feeding since the child should be bred by the mother.)
Article 45 of the draft constitution has stipulated that: (The family is the fabric of the
society whose foundation is religion and national character which the state has a duty
to protect and care for.)
Article 25 also of the law on the promotion of freedom says: (Every citizen male and
female has a right to establish a family.)
In the area of eradication of all forms of discrimination against women and
maintenance of their rights and the rights of the child, the Libyan legislations in their
provisions do not distinguishe between a male and female. In reference to a gender it
uses El-muatin (citizen) which combines bothsexes. Article 21 of the Green Paper on
human rights has further emphasised this point when it says: (The children of
Jamahiriya society male and female alike are equal in all human considerations, any
distinction in terms of the rights between a man and a woman is regarded as a blatant
and unjustifiable offence.)
Article 1 of the law on the promotion of freedom acknowledges that: (The citizens in
the Jamahiriya male and female alike are free with equal rights which shall not be
infringed.) Article 7of the draft constitution stipulates that: (The citizens are free with
equal rights and obligations whose rights and basic liberties shall not be infringed, and
any measure or procedure, contrary to these shall be regarded as null and void.)
In the area of public service, Article 11 of the Green Paper acknowledges that the right
to work is an obligation of every individual within his ability, as an individual or in
partnership with the others, as well as the right to choose the type of work which suits
him.
Article 2 of the law on the promotion of freedom provides that: (Every citizen is
entitled to the exercise of power and self-determination at the people’s congresses and
people’s committee, and shall not be denied their membership or secretary-ship if he
fulfils the established conditions for the post.) The meaning of both texts apply to
male and female on equal terms. Article 28 of the law on the promotion of freedom
acknowledges that: (Women have the right to work but they shall not be compelled to
do the type of work which, by their nature, does not befit them.)
Article 1 of the law No 8 issued in 1989 on the rights of women to undertaking a
judicial function provides that: (Women are entitled to be employed as judges,
prosecutors and administrators according to the same terms and conditions as applied
to men.)
In view of the above, it is understood that the Libyan Legislator gives equal
considerations to both man and woman in carryingout public, judicial and prosecution
functions.) The legislator has also acknowledged the right of women to choose the
type of job which they may desire, and not to force them to do other wise.
The law No 10 on the general rules, governing marriage and divorce and their
implications has guaranteed the right of women to agreeing personally to the
23
conclusion of marriage contract, or else it is rendered null and void. In this case,
women have a right to claim damages that may follow. The same ruling applies to a
divorce case.
Article 14 of the Green Paper on human rights guarantees child’s care and his normal
grouth. Article 29 of the law on the promotion of freedom protects children in a very
important aspect: (For it forbids employment of children in activities that do not match
their abilities or one that may hinder their physical development or detrimental to their
character and health even if such activities were authorised by their own family
members or other wise.)
The law No 17 issued in 1992 on the handling of the cases of negligence of children
and their rights has also protected them in articles 31,32, 33 and 37. With respect to
the old-aged and handicapped persons the Libyan legislation has guaranteed their
rights to a dignified way of life including a special protection compatible with their
physical and moral status. Article 14 of the Green Paper stipulates that: (The
Jamahiriya society is co-herently united ensuring its individuals a decent and dignified
living, providing for a well-developed health standard in a drive towards the
establishment of a society of the healthy, making available a child’s and maternity care
as well as protection of the old aged. For the Jamahiriya society is the guardian of
those without any.)
Article 24 of the law on the promotion of freedom acknowledges as follows: (Social
welfare and social security is an entitlement of every citizen. The society is the
guardian of those without any, protecting the needy, old-aged and orphans. It
guarantees decent means of living for that unemployed for reasons beyond their wish.)
The Libyan legislations relating to social security and social welfare have put in place
ways and means of protecting the old-aged and those in the same consideration so as to
guarantee a dignified life for them.
In conclusion we hope that we have presented a clear picture of the legislative and
judicial guarantees which obtain in the Great Jamahiriya in respect of the rights and
basic liberties of the individual in civil, political, economic, social and cultural
considerations. These are in line with what the charter requires the states party to it.
Our review also of the issues in this regard will emphasise the fact that the African
charter on human and people’s rights should totally be implemented and incooperated
into this legislation.
The Jamahiriya also since the inception of the September El-Fateh revolution in 1969
has raised the slogan: “Africa is for the Africans and has no ally but itself”. The
revolution continued to urge action on the necessity of eradication of all forms of
colonialism and racism in Africa as it supported African Liberation movements,
fighting to liberate their peoples from colonialism. It has also continued to emphasise
the rights of African peoples to self-determination and control over their natural
resources as well as their right to security, peace, conservation of the environment and
development.
This has been re-echoed in the African charter which stipulates the right of peoples to
equality, living in dignity, enjoying their right to existence, self-determination,
24
freedom of political choice and reassurance of socio-economic development in an
appropriate manner. In addition, it has also supported Africa’s right to freedom from
foreign domination, politically, economically and culturally.
In this connection, it should be recalled that the Libyan people have been denied some
of these rights. These include their right to socio-economic development, as a result of
an unjust blockade, through unfair resolutions, imposed on them by the security
council which wrongly used international legality without any legal backing but due to
a political pressure from certain big powers which do not believe in the freedom and
equality of the peoples and their right to security and peace. Indeed, these powers are
in the habit of over-stepping the freedom and choices of peoples and nations through
faked pretexts and means of economic blockade and isolation as well as guided loans
and aids policies with strings attached to them, imposition of the only yard stick for
governance, based on the experience of others in their attempt to dictate one concept
for the values and another for development.
Finally, we should like to re-assure the African commission on human and people’s
rights our full co-operation in its bid to bring about a decent and safe life in Africa and
to create a free and happy African, able to enjoy all his rights and liberties.
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