Human Rights Watch (HRW) reported on Monday that Libyan authorities have used a “litany of overbroad and draconian legacy laws” to suppress civil rights activists and organizations. The group said the threats, harassment and arbitrary detention under these laws amount to an infringement of freedom of assembly and association under international law.
HRW found that two competing authorities in Libya have both relied on repressive laws limiting expression and restricting civil society work. Among these was Law 19/2001, which dates back to the Gaddafi era. The contested law only recognizes associations that provide social, cultural, sports, charitable, or humanitarian services, as unilaterally decided by the General People’s Congress. The law also requires disclosure of the personal information of all members. Under this law, the General People’s Congress enjoys “sweeping powers to interfere in virtually every aspect of an association’s existence,” according to the Cairo Institute for Human Rights Studies. Libya’s Penal Code also has severe punishments, including the death penalty, for establishing “unlawful” associations.
Authorities in Libya have arrested and detained civil society members across the country, often on arbitrary or politically-motivated charges. In West Libya, authorities have imposed “overbroad and often unworkable conditions and requirements on nongovernmental groups,” including burdensome approval requirements, onerous financial reporting requirements, and more. According to HRW’s Middle East and North Africa director Hanan Salah, “Libyan authorities have used a slew of repressive laws to target civic groups while putting up obstacle after obstacle to prevent them from operating legally.”
HRW called for Libyan authorities to scrap existing restrictions on the establishment of associations, noting they do not comport with international law. The International Covenant on Civil and Political Rights (ICCPR), ratified by Libya in 1970, prohibits restrictions placed on the exercise of assembly and association “other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety…” The UN Human Rights Committee, which interprets the ICCPR, has stated governments ought to be no more restrictive than required for limitations on freedom of association.
In Libya, two authorities are competing for control over the country. They are the Government of National Accord, the interim authority appointed through a UN-led consensus process, and the Libyan Arab Armed Force.