A/HRC/28/51
6.
Following Libya Dawn’s takeover of Tripoli at the end of August 2014, the
Government, led by incumbent Prime Minister Abdullah al-Thinni, left Tripoli and moved
to the town of Al-Baida. The House of Representatives subsequently confirmed Mr. AlThinni as Prime Minister. In Tripoli, the General National Congress reconvened and
established its own government, led by Omar al-Hasi, which gradually took control of
Tripoli-based ministries and other State institutions. On 6 November, the Supreme Court
declared unconstitutional a provision of the March 2014 constitutional amendment which
had paved the way for elections to create the House of Representatives.
7.
Hundreds of armed groups, comprising more than 200,000 fighters, continue to be
paid from central State funds. Some are nominally affiliated with either the Ministry of
Defence or the Ministry of the Interior. Those groups exercise effective control in localized
areas and over detention centres, where thousands of persons associated with the former
regime, among others, continue to be detained outside of the effective oversight of the
authorities.
8.
UNSMIL/OHCHR continues to monitor and report on the human rights situation in
Libya, despite the relocation of UNSMIL international staff outside of Libya in mid-July
2014. UNSMIL has repeatedly called on all armed groups to desist from violations of
international human rights and humanitarian law and abuses of human rights. Joint reports
on the situation were issued by OHCHR and UNSMIL on 4 September 20141 and 23
December 2014.2 However, interlocutors are often reluctant to talk about human rights
abuses out of fear of retaliation by armed groups. That climate and the continuing violence
and political crisis have severely impacted the delivery of technical assistance by
UNSMIL/OHCHR and others. In some cases, such assistance had to be reconfigured or
suspended.
9.
On 27 August 2014, the Security Council adopted resolution 2174 (2014), in which
it decided that travel ban or asset freeze measures would be applied to individuals or
entities “engaging in or providing support for other acts that threaten the peace, stability or
security of Libya”, including “planning, directing, or committing, acts that violate
applicable international human rights law or international humanitarian law, or acts that
constitute human rights abuses, in Libya” (para. 4).
10.
Libya is a party to the core international human rights treaties, including the
International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination Against Women, the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the
International Convention on the Protection of the Rights of all Migrant Workers and
Members of Their Families. It has also ratified the first Optional Protocol to the
International Covenant on Civil and Political Rights and the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict.
Libya is also a party to the African Charter on Human and Peoples’ Rights, but has not yet
ratified, inter alia, the International Convention for the Protection of All Persons from
Enforced Disappearance, the Optional Protocol to the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights, or the 1951 Convention
relating to the Status of Refugees and its Protocol. In 2013, Libya ratified the Convention
1
2
4
See www.ohchr.org/documents/countries/ly/overviewviolationslibya_unsmil_ohchr_sept04_en.pdf.
See www.ohchr.org/Documents/Countries/LY/UNSMIL_OHCHRJointly_report_Libya_23.12.14.pdf.
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