A/HRC/17/44 contrary to the principles of the Al-Fateh Revolution of 1 September 1969.7 As the Human Rights Committee has noted as a matter of concern in its concluding observations (CCPR/C/LBY/CO/4, para. 24), by virtue of this and article 206 of the Penal Code, the death penalty can still be imposed for the establishment of prohibited groups. Law No. 20/1991 on enhancing freedom further significantly limits free speech by providing that “each citizen has the right to express his opinions and ideas openly in People‟s Congresses and in all mass media, no citizen is questioned on the exercise of this right unless this has been abused in a way that prejudices the People‟s Authority or is used for personal interest”. The Committee has also expressed concerns about laws which prevent the exercise of the right to freedom of association and peaceful assembly (CCPR/C/LBY/CO/4, para. 25). 22. In relation to economic, social and cultural rights, the Committee on Economic, Social and Cultural rights noted with satisfaction in its concluding observations that Libya had the highest literacy and educational enrolment rates in North Africa and high rates of female students in schooling (E/C.12/LYB/CO/2, para. 6). The Committee on the Rights of the Child has also acknowledged in its concluding observations that education is free of charge, primary school attendance is nearly universal and health services are free for all children (CRC/C/15/Add.84, para. 4). The Committee in later concluding observations added, however, that many measures “reflect a predominantly welfare- rather than rightsbased approach” (CRC/C/15/Add.209, para. 7). The Committee on Economic, Social and Cultural Rights has also highlighted that, despite the country‟s economic wealth, 28 per cent of the population did not have sustainable access to an improved water source (E/C.12/LYB/CO/2, para. 18). Several treaty bodies have raised concerns about the difficult situation of the Amazigh population, who are not recognized as a minority and are impeded from preserving and expressing their cultural and linguistic identity.8 23. In relation to women‟s human rights, while there have been particular improvements (e.g. changes to nationality laws), Libyan society remains male-dominated, with genderbased discrimination widespread. In addition to entrenched discriminatory norms within Libyan culture and stereotypes on women‟s role in family and society (see concluding observations of the Committee on the Elimination of All Forms of Discrimination against Women, Libyan Arab Jamahiriya, CEDAW/C/LBY/CO/5, para. 21), the enforcement of laws itself displays discrimination. The Committee on the Elimination of All Forms of Discrimination against Women regretted that legal provisions relating to personal status, in particular concerning marriage (including polygamy), divorce and inheritance, do not provide for equal rights for women and men (ibid., para. 17). 24. The Commission heard repeatedly during its investigation that some particular human rights violations in the past have had a deep psychosocial impact on the community. The first case relates to the extrajudicial killing of prisoners in Abu Salim prison in June 1996. Events began with a riot by prisoners calling for better conditions including access to health care, family visits and the right to have their cases heard before the courts. Libyan security officials headed by Abdullah al-Senusi and Nasr al-Mabrouk reached an agreement with representatives of the prisoners. The Commission was told by relatives of prisoners 7 8 10 See CCPR/C/LBY/CO/4, paras. 13 and 23. Amnesty International reported that in 2002, 86 persons were prosecuted for their membership of the Muslim Brotherhood. In that case, 2 of the leaders were sentenced to death, 73 others to life imprisonment and 11 to 10 years‟ imprisonment, Amnesty International, Libyan Arab Jamahiriya, Briefing to the Human Rights Committee, June 2007, p. 17. Available from www2.ohchr.org/english/bodies/hrc/docs/ngos/AI_LibyaAJ.pdf. See, for example, concluding observations of the Committee on the Elimination of Racial Discrimination, Libyan Arab Jamahiriya, CERD/C/64/CO/4, para. 15; E/C.12/LYB/CO/2, paras. 22– 24.