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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents