A/HRC/25/42
human rights mandate of UNSMIL, its Human Rights, Transitional Justice and Rule of Law
Division was established from the outset. The Director of the Division represents the
United Nations High Commissioner for Human Rights in Libya.
5.
In February 2013, an international ministerial meeting on support to Libya in the
areas of security, justice and rule of law was convened in Paris. The meeting was preceded
by a senior officials meeting held in London in December 2012. During the meeting in
Paris, the Government of Libya presented its priorities for the development and reform of
the security, rule of law and justice sectors. The participants issued a communiqué and
adopted the National Security Development Plan and the Justice and Rule of Law
Development Plan, to be implemented by the Government of Libya with the assistance of
the international community. The meeting welcomed the coordination role and the technical
support provided by UNSMIL.
6.
In early 2014, the country is expected to elect a 60-member Constitution Drafting
Assembly. The new constitution, drafted by the Assembly, is due to be adopted by a
referendum, which is to be followed by general elections in the same year.
7.
Despite positive developments, such as the establishment of a national human rights
institution, the National Council for Civil Liberties and Human Rights, and the
establishment of a Human Rights Committee within the General National Congress, the
criminal justice system is not yet fully functional and the security sector requires major
reform.
8.
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 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 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 Optional Protocol. In 2013, Libya ratified the
Convention on the Rights of Persons with Disabilities, although it has not yet deposited the
instrument of ratification.
9.
Libya will undergo its second review by the Working Group on the Universal
Periodic Review in 2015. Under the Qadhafi regime, special procedures of the Human
Rights Council were denied access to the country. Since the transition, visits by the
Working Group on Enforced or Involuntary Disappearances and the Working Group on the
use of mercenaries as a means of violating human rights and impeding the exercise of the
rights of peoples to self-determination were planned for May 2013 but had to be postponed
for security reasons. The Human Rights, Transitional Justice and Rule of Law Division of
UNSMIL has provided technical advice to the human rights section of the Ministry of
Foreign Affairs on engagement with, and reporting to, the human rights treaty bodies, the
universal periodic review and the special procedures of the Human Rights Council. The
High Commissioner has been invited by the Government to conduct an official visit to
Libya.
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