A/HRC/28/51
3.
National human rights institution
79.
The National Council for Civil Liberties and Human Rights was established in
December 2011 and began functioning in January 2013. UNSMIL/OHCHR deployed a
dedicated adviser, in December 2013, to provide sustained technical assistance to the
Council for four months. The adviser delivered training activities on relevant international
norms and standards, and provided advice on organizational structure and working methods
to improve the effectiveness of day-to-day operations.
80.
In March 2014, UNDP, in partnership with UNSMIL/OHCHR, organized a
workshop for civil society organizations working on issues related to human rights, and the
Council, UNDP and UNSMIL/OHCHR organized a seminar with civil society
organizations and members of the Human Rights Committee of the General National
Congress to discuss a national plan of action on human rights. The work stalled following
the June 2014 elections for the House of Representatives.
81.
UNSMIL/OHCHR received reports of threats and intimidation targeting staff
members of the Council. In October 2014, a staff member left Tripoli after receiving a
threatening phone call from someone claiming to be affiliated with Libya Dawn. That same
month, armed men sought to question senior Council representatives who were not in the
office at the time. A group of armed men claiming to be associated with Libya Dawn also
visited the premises of the Council requesting the handover of keys and official stamps.
Council staff refused to comply. Witnesses reported that armed men in military uniform
arrived at the Council headquarters on 9 November 2014, locked the doors and publicly
proclaimed that the Council was being closed by Libya Dawn, and that anybody attempting
to re-open the premises would be arrested. At the time of writing, the Council was not
functioning.
IV. Conclusion and recommendations
82.
The actions taken by all parties involved in the current violence have led to
numerous grave abuses of human rights and violations of international human rights
and humanitarian law.
83.
The High Commissioner reiterates his appeal to all parties to the conflict to end
hostilities and, through an inclusive political dialogue, to put in place a framework to
build a State based on respect for human rights and rule of law. He accordingly
recommends that:
(a)
All armed groups comply fully with international humanitarian law,
specifically with the principles of distinction, proportionality and precaution in attack.
In particular, they must immediately cease all attacks on civilians and must take steps
to protect civilians and fighters hors de combat. All armed groups must also desist
from violations of international human rights law and humanitarian law and abuses
of human rights, and remove from active duty those suspected of such actions;
(b)
The Libyan authorities hold accountable, in accordance with
international standards, all parties responsible for violations of international human
rights and humanitarian law and abuses of human rights.
84.
Whilst the ongoing violence has significantly impacted the rule of law and
effective running of key institutions, some institutions still operate. There is a need for
further technical assistance to enhance their effectiveness and compliance with
international human rights standards. Accordingly, whilst cognizant of the major
security challenges, the High Commissioner recommends that the Libyan authorities,
through capacity-building and technical assistance support:
16
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