A/HRC/25/42
application of the law to the judiciary, has proposed amendments to the law to mitigate its
impact on the judiciary. Judges and prosecutors took strike action in June 2013, anticipating
that the law would further undermine an already weak judiciary. It should be noted that the
Libyan armed forces are also subject to another stringent vetting process implemented by
the Integrity and Army Reform Commission.
57.
Before the adoption of the Law on Political and Administrative Isolation, the
Human Rights, Transitional Justice and Rule of Law Division had advised the General
National Congress on international standards for vetting State institutions and the risks of
exclusionary measures. This advice was largely not taken into account.
7.
Missing persons
58.
Thousands of persons remain missing following the 2011 conflict, in addition to
those forcibly disappeared under the Qadhafi regime. As at December 2013, 2,644 missing
persons were registered with the Ministry of the Affairs of the Families of Martyrs and
Missing Persons. In June 2013, the Ministry prepared a draft law to address the issue of
missing persons and enforced disappearances. On 22 December 2013, the General National
Congress adopted a law for the families of those killed or missing during the revolution.
The law, which provides pensions and benefits such as medical care, government
employment and symbolic reparation to the families of those killed or missing in this
context, explicitly excludes those who opposed the revolution. It also establishes a
commission affiliated with the Council of Ministers to search for and identify the missing.
59.
In order to address the issue of missing persons, the Human Rights, Transitional
Justice and Rule of Law Division has provided advice to the technical committee
responsible for drafting the law. It has also provided advice to support an assessment
conducted by Physicians for Human Rights13 and endorsed the resulting recommendation to
create an independent commission to address comprehensively the issue of missing
persons. A commission such as this was in place before the creation of the Ministry of the
Affairs of the Families of Martyrs and Missing Persons. In addition the Division has
provided advice and support to the association of families of the victims of the killings in
the Abu Salim Prison in 1996.
D.
National human rights bodies
1.
The National Council for Civil Liberties and Human Rights
60.
In December 2011, the National Transitional Council established the National
Council for Civil Liberties and Human Rights as the national human rights institution of
Libya. However, due to a lack of allocated staffing and financial resources, the Council
only effectively began operating in January 2013. It is encouraging to note that it is now
fully staffed and space has been secured for its ongoing operations. The Human Rights,
Transitional Justice and Rule of Law Division has provided advice, training and technical
resources to the Council and referred several cases to it. Upon request, the Division has also
recruited a dedicated adviser who is providing technical support to the Council to facilitate
its conformity with the Principles relating to the Status of National Institutions (the Paris
Principles).
13
14
Physicians for Human Rights, “Libyan human identification needs assessment and gap analysis”
(Washington, D.C., 2013), available from physiciansforhumanrights.org/library/reports/libyanhuman-identification-needs-assessment-and-gap-analysis.html.
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