A/HRC/25/42
2.
The standing committees of the General National Congress
61.
The General National Congress has a number of standing committees, including a
Legislative and Constitutional Committee charged with elaborating legislative drafts and a
Human Rights Committee. The Human Rights, Transitional Justice and Rule of Law
Division has engaged with the committees on issues relating to legislation, transitional
justice, capacity-building, raising human rights awareness and strengthening engagement
with civil society. It has also provided advice on international human rights mechanisms
and obligations and coordinated meetings between the Human Rights Committee of the
Congress and relevant United Nations agencies such as UNICEF. The Division has also
provided technical advice to support, and participated in, the first forum for human rights
organizations in Libya organized by the Human Rights Committee of the Congress in April
2013; it is currently supporting the committee in planning a media campaign to raise
awareness of human rights amongst the Libyan public.
3.
Civil society
62.
Civil society was repressed during the Qadhafi era and is now slowly beginning to
be established. In this regard, the Human Rights, Transitional Justice and Rule of Law
Division has engaged with civil society organizations and human rights defenders through
providing training courses and advice on engaging with international human rights
mechanisms and the role of the media in the protection of human rights. The Division has
organized workshops in several locations throughout the country, such as Tripoli, al-Khoms
and al-Zawiya, on themes including the obligations of Libya under international human
rights law and has distributed human rights education literature to the civil society
community across the country. It has also provided substantive advice and support to the
organization of a major two-day human rights conference held in al-Baida in May 2013. A
number of civil society representatives and high-level officials attended the conference to
discuss the protection and promotion of human rights in Libya.
E.
Legal reform
63.
The Libyan penal code and the code of criminal procedure, in addition to other
legislation, include gaps and provisions that are not in line with international human rights
standards. For example, Libyan legislation does not criminalize genocide, war crimes or
crimes against humanity. The death penalty is prescribed for a broad range of offences,
including offences which do not meet the threshold of “most serious crimes” under
international human rights law.14
64.
The Human Rights, Transitional Justice and Rule of Law Division continues to
provide advice to the General National Congress on laws adopted or under discussion since
the conflict and is supporting the review of the Libyan penal code and code of criminal
procedure with respect to their compliance with international human rights standards. This
review was identified by the Government of Libya as a priority at the ministerial meeting in
Paris in February 2013, however progress has been limited to date. The Division is
coordinating closely with UNDP, UNODC, the Ministry of Justice, the High Judicial
Institute, the Congress, academics and civil society to support the review, ensure national
ownership of it and strengthen national capacity to conduct similar reviews in the future.
14
Article 6, paragraph 2, of the International Covenant on Civil and Political Rights prescribes that in
States that have not abolished it, the death penalty may only be imposed for the “most serious
crimes”. This term has been interpreted to mean that the death penalty should only be applied to the
crimes of murder or intentional killing. See A/HRC/24/18, para. 24.
15
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