A/HRC/28/51
vague, far-reaching and disproportionate and thus likely to violate the right to public
service of those affected. UNSMIL/OHCHR had advised the General National Congress on
international standards for vetting State institutions and the risks of exclusionary measures,
but that advice was largely not taken into account.
73.
The Supreme Court considered seven challenges to the constitutionality of the law,
presented on both substantive and procedural grounds. The last session was on 26 June
2014, whilst members of armed groups protested outside the court. No further sessions have
been held since and no decision has been rendered.
7.
Missing persons
74.
More than 2,000 people from all sides of the conflict are reported to have gone
missing during the 2011 revolution. At the time of writing, there had been no progress in
the implementation of Law No. 1 of 2014 on the Care for Martyrs and Missing Persons of
the 17 February Revolution. The law provides for the establishment of a General
Commission for Tracing and Identifying Missing Persons and benefits to the families of
those killed or missing in the context of the revolution. However, it explicitly excludes
from such benefits the families of those who opposed the revolution. The Commission is
yet to be set up.
F.
1.
National institutions
The General National Congress and the House of Representatives
75.
In contrast to the 2012 legislative elections for the General National Congress, the
2014 electoral law in relation to elections for the 200-member House of Representatives
excluded the participation of political parties, with 1,714 candidates standing in their
personal capacity. A special provision ensured that a minimum of 32 seats would be taken
up by women. Approximately 40 per cent of the 1.5 million registered Libyans voted on
25 June 2014. UNSMIL/OHCHR provided technical advice to the Congress specifically on
the implementation of the Law on Transitional Justice, but the growing political crisis and
the escalation in violence precluded the provision of further assistance to the Congress and
the beginning of a programme of assistance to the House.
2.
Constitution Drafting Assembly
76.
The elections for the Constitution Drafting Assembly took place on 20 February
2014. A special provision held that six of the 60 available seats would be taken up by
women; however, due to security complications in a multi-district area in the east of the
country, one of the six seats ended up being seated by a man. As a result of the boycott by
the Amazigh community and the security situation in Derna, which halted polling there,
four seats comprising of two from Derna and two reserved for the Amazigh community
remain unfilled. On 21 April, the Assembly held its first session in Al-Baida.
77.
Amendment 3 of the Constitutional Declaration mandated the Assembly to draft the
constitution within 120 days. The Assembly publicly committed to completing a draft
Constitution by the end of December 2014. However, at the time of writing, it was expected
to take longer. The Constitution is to be adopted by a referendum.
78.
A committee of the Assembly was established to address human rights and
fundamental freedoms in the Constitution. UNSMIL/OHCHR has identified international
experts on standby to advise the Assembly on human rights matters, but at the time of
writing, the Assembly had not specified the modalities of the assistance it wished to
receive.
15
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