A/HRC/25/42
65.
The Division will also continue to monitor the constitution-making process and will
seek to provide advice and drafting assistance, in association with other entities of the
United Nations, to the Constitution Drafting Assembly once it is elected and operational. In
December 2013, the Division organized two workshops to facilitate discussion of human
rights and the constitution: the first jointly with the National Council for Civil Liberties and
Human Rights and the Office of Human Rights and International Humanitarian Law at the
Ministry of Defence and the second with the Human Rights Committee of the General
National Congress. The Division will continue to organize workshops and training sessions
to further build the capacity and aid the participation of civil society organizations
representing all segments of Libyan society, including women, minorities and displaced
persons, in the constitution-making process.
IV.
Recommendations
66.
The United Nations High Commissioner for Human Rights recommends that
the Government of Libya, through capacity-building and technical assistance support:
(a)
Comprehensively review and strengthen protections in law and policy to
guarantee the rights of women, minorities, migrants, refugees and children. All
necessary measures should be taken to facilitate greater access to justice for these
groups. In addition, legislation should be adopted and operational policies and
procedures put in place to combat sexual violence and provide effective redress to
victims;15
(b)
Develop a comprehensive strategy to address the issue of all persons
displaced since 2011, ensuring that their right to return to their homes in safety and
with dignity is guaranteed, whilst providing them with protection and humanitarian
assistance in the interim, in accordance with the Guiding Principles on Internal
Displacement;
(c)
Urgently address the situation of persons deprived of their liberty, with
due regard to the situation of female detainees through, inter alia, accelerating the
process of handing over all detention facilities from the armed brigades to the effective
control of State authorities and investigating allegations of torture or other illtreatment, including sexual harassment, and bringing to justice those responsible.
Safeguards against torture and other ill-treatment should be put in place in all prisons
and detention facilities in line with Libyan law, the Standard Minimum Rules for the
Treatment of Prisoners and other relevant international human rights standards.
Persons deprived of their liberty should be allowed to receive regular visits from their
families and visits from their lawyers in full confidentiality. The National Council for
Civil Liberties and Human Rights and relevant international organizations should
also be afforded access in accordance with their mandates;
(d)
Strengthen the capacity of State institutions, such as the judicial system
and the Judicial Police, to uphold the rule of law through, inter alia, enhancing the
security for prosecutors, judges and the courts through close cooperation between the
Ministries of Justice, Interior and Defence. A prosecutorial strategy should be
developed to address crimes committed under the former regime, as well as those
committed since the revolution, and the capacity of prosecutors and judges to handle
15
16
Such procedures and policies would include telephone hotlines, provision of psychological support,
establishment of victim rehabilitation centres and implementation of awareness-raising programmes
to combat discrimination against victims.
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