Report on Human Rights Practices for 2000
Libya*
The Socialist People's Libyan Arab Jamahiriya* is a
dictatorship that has been ruled by Colonel Mu'ammar Al-Qadhafi (the
"Brother Leader and Guide of the Revolution") since 1969, when he
led a military coup to overthrow King Idris I. Borrowing from Islamic
and pan-Arab ideas, Qadhafi created a political system that rejects
democracy and political parties and purports to establish a "third
way" superior to capitalism and communism. Libya's governing
principles are derived predominantly from Qadhafi's "Green Book."
In theory Libya is ruled by the citizenry through a series of popular
congresses, as laid out in the Constitutional Proclamation of 1969 and the
Declaration on the Establishment of the Authority of the People of 1977,
but in practice Qadhafi and his inner circle control political power.
Qadhafi is aided by extragovernmental organizations--the Revolutionary
Committees and the Comrades Organization--that exercise control over most
aspects of citizens' lives. The judiciary is not independent of the
Government.
Libya maintains an extensive security apparatus,
consisting of several elite military units, including Qadhafi's personal
bodyguards, local Revolutionary Committees, and People's Committees, as
well as the "Purification" Committees, which were formed in 1996.
The result is a multilayered, pervasive surveillance system that monitors
and controls the activities of individuals. The various security
forces committed numerous serious human rights abuses.
The Government dominates the economy through complete
control of the country's oil resources, which account for almost all export
earnings and approximately 30 percent of the gross domestic product.
Oil revenues constitute the principal source of foreign exchange.
Much of the country's income has been lost to waste, corruption, and
attempts to develop weapons of mass destruction and acquire conventional
weapons. Despite efforts to diversify the economy and encourage
private sector participation, the economy continues to be constrained by a
system of extensive controls and regulations covering prices, credit,
trade, and foreign exchange. The Government's mismanagement of the
economy has caused high levels of inflation, increased import prices, and
hampered economic expansion, which has resulted in a decline in the
standard of living for the majority of citizens in recent years.
Significant increases in the world price of oil boosted petroleum revenues
this year, masking the negative domestic impact of the country's economic
policy.
The Government's human rights record remained poor, and
it continued to commit numerous serious abuses. Citizens do not have
the right to change their government. Qadhafi has used extrajudicial
killing and intimidation to control the opposition abroad and summary
judicial proceedings to suppress it at home. Security forces torture
prisoners during interrogations and as punishment. Prison conditions
are poor. Security forces arbitrarily arrest and detain persons, and
many prisoners are held incommunicado. Many political detainees are
held for years without charge. The Government controls the judiciary,
and citizens do not have the right to a fair public trial or to be
represented by legal counsel. The Government infringes on citizens'
privacy rights, and citizens do not have the right to be secure in their
homes or persons, or to own private property. The Government
restricts freedom of speech, press, assembly, association, and religion.
The Government imposes some limits on freedom of movement. In
September the Government reportedly expelled hundreds of sub-Saharan
workers following incidents of mob violence against the workers; the
authorities also were accused of responding slowly to the violence.
The Government prohibits the establishment of independent human rights
organizations. Violence against women is a problem. Traditional
attitudes and practices continue to discriminate against women, and female
genital mutilation (FGM) still is practiced in remote areas of the country.
The Government discriminates against and represses certain minorities and
tribal groups. The Government continues to repress banned Islamic
groups and exercises tight control over ethnic and tribal minorities, such
as Amazighs (Berbers), Tuaregs, and Warfalla tribe members. The
Government restricts basic worker rights, uses forced labor, and
discriminates against foreign workers. There have been reports of
slavery and trafficking in persons.
Colonel Qadhafi publicly called for violence against
opponents of his regime after violent clashes between Islamic activists and
security forces in Benghazi in September 1995. Outbreaks of violence
between government forces and Muslim militants continued in the eastern
part of the country. The Government encouraged reconciliation with
opposition groups during the year and invited dissidents living abroad to
return, promising that they would be safe. An opposition figure was
appointed Ambassador to the Arab League, but few other opposition figures
returned, and the sincerity of the Government's offer and the likelihood of
reconciliation remain unclear.
In April 1999, the Government surrendered the two men
suspected of the 1988 bombing of Pan Am flight 103 for trial before a
Scottish court seated in the Netherlands. As a result, U.N. sanctions
against Libya were suspended. The full lifting of the U.N. sanctions
will require that Libya cooperate with the investigation, accept
responsibility for the actions of its officials, pay appropriate
compensation, and renounce terrorism.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person,
Including Freedom From:
a. Political and Other Extrajudicial Killing
Violent clashes between the security forces and militant
Islamist opposition groups increased following a lull toward the end of
1999. In the past, the clashes were concentrated predominantly in the
eastern region and resulted in an undetermined number of deaths.
Since a 1996 prison mutiny in Benghazi and other attacks against the
regime, the Government has maintained tightened security measures. In
the years following the mutiny, the Government made hundreds of arrests,
conducted military operations in the areas of insurrection, and killed a
number of persons.
The Government uses summary judicial proceedings to
suppress domestic dissent and has used extrajudicial killings and
intimidation to control the opposition abroad. Prior to 1994, there
were reports that Libyan security forces hunted down and killed dissidents
living abroad (see Sections 1.b. and 2.d.).
The U.N. Security Council imposed sanctions against
Libya following the bombings of Pan Am flight 103 over Scotland in 1988,
which killed 259 persons on board and 11 persons on the ground, and the
bombing of UTA flight 772 over Chad in 1989, which killed 171 persons.
In April 1999, the Government surrendered the two men suspected of the Pan
Am bombing, which prompted the suspension of U.N. sanctions against Libya.
The suspects are being tried under Scottish law before a Scottish court
seated in the Netherlands. Following the conclusion of the UTA trial
and the appearance in the Netherlands of the two Libyan suspects in the Pan
Am 103 bombing, the full lifting of the now-U.S. and British
investigations; accept responsibility for the actions of its officials; pay
appropriate compensation; and renounce terrorism.
In March 1999, a French court convicted in absentia the
six defendants in the UTA bombing and sentenced them to life in prison.
In July the Government paid the French Government $31 million (17 million
dinars) to compensate the victims' families. Family members of the
UTA 772 victims now are seeking indictments of more senior officials,
including Qadhafi.
In late November 1999, the Government paid compensation to the British
Government for the 1984 killing of British policewoman Yvonne Fletcher
outside the Libyan Embassy in London.
In September mobs of citizens in several locations
reportedly beat hundreds of sub-Saharan expatriate workers, attacking and,
in some cases, burning their places of residence and employment.
Credible reports indicate that as many as 50 individuals were killed and
hundreds of others injured. The mobs blamed the expatriate population
for increased crime and the appearance of HIV in Libya. Libyan
security forces were criticized by many African governments for their slow
reaction to these events (see Sections 2.d. and 5).
Prison conditions reportedly are poor and caused an
unknown number of deaths in custody (see Section 1.c.).
b. Disappearance
The regime in the past has abducted and killed
dissidents in the country and abroad. Dissident Mansour Kikhiya
disappeared from Cairo, Egypt in 1993. There is credible information
that, following his abduction, Kikhiya was executed in Libya in early 1994.
There have been no reports of such abductions or killings since 1994.
Prisoners routinely are held in incommunicado detention
(see Section 1.d.).
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law provides for fines against any official using
excessive force; however, there are no known cases of prosecution for
torture or abuse. Security personnel reportedly routinely torture
prisoners during interrogations or for punishment. Government agents
reportedly periodically detain and torture foreign workers, particularly
those from sub-Saharan Africa. Reports of torture are difficult to
corroborate because many prisoners are held incommunicado. In April
1999, the U.N. Committee against Torture reported that it continued to
receive allegations of torture and recommended that the authorities send a
clear message to all its law enforcement personnel that torture is not
permitted under any circumstances.
Methods of torture reportedly include: Chaining to
a wall for hours, clubbing, applying electric shock, applying corkscrews to
the back, pouring lemon juice in open wounds, breaking fingers and allowing
the joints to heal without medical care, suffocating with plastic bags,
depriving of food and water, hanging by the wrists, suspending from a pole
inserted between the knees and elbows, burning with cigarettes, attacking
with dogs, and beating on the soles of the feet. In May three
defendants, (two Bulgarians and one Palestinian) all health professionals
in a much publicized case involving the HIV infection of nearly 400 Libyan
children, claimed that their confessions had been obtained under duress
(see Section 1.e.).
Prison conditions reportedly are poor. According
to Amnesty International (AI), political detainees reportedly were held in
cruel, inhuman, or degrading conditions, and denied adequate medical care,
which led to several deaths in custody. AI reported that Mohammad
'Ali al-Bakoush, detained since 1989 without charge or trial, died in Abu
Salim prison in August 1999, reportedly as a result of poor conditions of
detention. Inmates protesting poor conditions mutinied in July 1996
at the Abu Salim prison. The prisoners went on a hunger strike and
captured guards to protest the lack of medical care, overcrowding, and
inadequate hygiene and diet provided at the facility. Security units
were dispatched to suppress the uprising; as many as 100 persons were
killed by security forces.
The Government does not permit prison visits by human
rights monitors.
d. Arbitrary Arrest, Detention, or Exile
Security forces arbitrarily arrest and detain citizens.
By law the Government may hold detainees incommunicado for unlimited
periods. It holds many political detainees incommunicado in
unofficial detention centers controlled by members of the Revolutionary
Committees. Hundreds of political detainees, many associated with
banned Islamic groups, reportedly are held in prisons throughout the
country (but mainly in the Abu Salim prison in Tripoli); many are held for
years without charge. Hundreds of other detainees may have been held
for periods too brief (3 to 4 months) to permit confirmation by outside
observers (see Section 1.c.).
In 1998 security forces arrested suspected members and
sympathizers of banned Islamic groups and monitored activities at mosques
following violent clashes in eastern Libya. In June 1998, at least
100 professionals in Benghazi and several other major cities were arrested
on suspicion of political opposition activities, specifically support of or
sympathy for the Libyan Islamic Group, an underground Islamic movement that
is not known to have used or advocated violence. Some practicing
Muslims have shaved their beards to avoid harassment from security
services. Qadhafi has criticized publicly Libyan "mujaheddin"
(generally, conservative Islamic activists who fought with the Afghan
resistance movement against Soviet forces) as threats to the regime (see
Section 2.c.).
The 1994 Purge Law was established to fight financial
corruption, black marketeering, drug trafficking, and atheism. It has
been enforced by the "Purification" Committees since June 1996
(see Section 1.f.). Scores of businessmen, traders, and shop owners
have been arrested arbitrarily on charges of corruption, dealing in foreign
goods, and funding Islamic fundamentalist groups, and dozens of shops and
firms have been closed. As part of the campaign to implement the
Purge Law, the wealth of the middle class and affluent has been targeted as
well.
In March 1997, the Libyan General People's Congress
approved a law that provides for the punishment of accomplices to crimes of
"obstructing the people's power, instigating and practicing tribal
fanaticism, possessing, trading in or smuggling unlicensed weapons, and
damaging public and private institutions and property." The new
law provides that "any group, whether large or small," including
towns, villages, local assemblies, tribes, or families, be punished in
their entirety if they are accused by the General People's Congress of
sympathizing, financing, aiding in any way, harboring, protecting, or
refraining from identifying perpetrators of such crimes. Punishment
under the Collective Punishment Law ranges from the denial of access to
utilities (water, electricity, telephone), fuels, food supplies, official
documents, and participation in local assemblies, to the termination of new
economic projects and state subsidies.
In May 1997, Qadhafi declared that if any member of a
family was found guilty of an offense, the individual's entire family was
to be considered guilty.
The Government does not impose exile as a form of
punishment, and it continued to encourage Libyan dissidents abroad to
return, promising to ensure their safety; however, with the exception of
the recently appointed Ambassador to the Arab League, formerly an opponent
of the regime, few returned, and the sincerity of the Government's offer
and the likelihood of reconciliation remain unclear. Prior to 1994,
there were reports that security forces hunted down and killed dissidents
living abroad (see Section 1.a.). Students studying abroad have been
interrogated upon their return (see Section 2.d.).
e. Denial of Fair Public Trial
The judiciary is not independent of the Government.
There are four levels of courts: Summary courts,
which try petty offenses; the courts of first instance, which try more
serious crimes; the courts of appeal; and the Supreme Court, which is the
final appellate level.
Special revolutionary courts were established in 1980 to
try political offenses. Such trials often are held in secret or even
in the absence of the accused. In other cases, the security forces
have the power to pass sentences without trial, especially in cases
involving political opposition. The U.N. Special Rapporteur noted in
1996 a lack of fairness in trials of capital cases. In the past,
Qadhafi has incited local cadres to take extrajudicial action against
suspected opponents. In May the attorney defending 16 health
professionals who were charged with infecting 400 Libyan children with HIV
(see Section 1.c.) complained that he had been allowed to meet with his
clients only twice since their incarceration. The defendants (nine
Libyans, one Palestinian and six Bulgarians) were arrested in January 1999.
A large number of offenses, including political offenses
and "economic crimes," are punishable by death. A 1972 law
mandates the death penalty for any person associated with a group opposed
to the principles of the revolution, as well as for other acts
such as treason, attempting to change the form of government by violence,
and premeditated murder. The "Green Book" of 1988 states
that "the goal of the Libyan society is to abolish capital
punishment;" however, the Government has not acted to abolish the
death penalty, and its scope has increased. In 1996 a law went into
effect that applies the death penalty to those who speculate in foreign
currency, food, clothing, or housing during a state of war or a blockade,
and for crimes related to drugs and alcohol.
In 1997 two civilians and six army officers were
executed: The civilians by hanging and the army officers by firing
squad. At least five others were given prison sentences, all
convicted on charges of being American spies, committing treason,
cooperating with opposition organizations, and instigating violence to
achieve political and social goals. The eight executed men were
arrested with dozens of others in connection with a coup attempt by army
units composed of Warfalla tribe members in October 1993. The men
were convicted by the Supreme Military Court and reportedly did not have
lawyers for their trial. The convicted persons allegedly were kept in
secret locations and tortured throughout their incarceration to obtain
confessions of criminal activity.
The U.N. Special Rapporteur on Extrajudicial, Summary,
or Arbitrary Executions noted in 1996 "the apparent lack of respect
for fair trial standards in trials leading to the imposition of capital
punishment in Libya."
The private practice of law is illegal; all lawyers must
be members of the Secretariat of Justice.
The Government holds a large number of political
prisoners. Amnesty International estimates that there are hundreds of
persons imprisoned for political reasons.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not respect the right to privacy.
Security agencies often disregard the legal requirement to obtain warrants
before entering a private home. They also routinely monitor telephone
calls.
The security agencies and the Revolutionary Committees
oversee an extensive network of informants; one credible foreign observer
estimated that 10 to 20 percent of the population was engaged in
surveillance for the regime. Libyan exiles have reported that family
ties to suspected regime opponents may result in government harassment and
detention. The Government may seize and destroy property belonging to
"enemies of the people" or those who "cooperate" with
foreign powers. In the past, citizens have reported that the
Government warned members of the extended family of any regime opponent
that they, too, risk the death penalty.
The law passed by the General People's Congress in March
1997 formally codified the Government's previous threats of punishment for
families or communities that aid, abet, or do not inform the regime of
criminals and oppositionists in their midst (see Section 1.d.).
The 1994 Purge Law provides for the confiscation of
private assets above a nominal amount, describing wealth in excess of such
undetermined amounts as "the fruits of exploitation or
corruption." In 1996 the Government ordered the formation of
hundreds of "Purge" or "Purification" Committees
composed of young military officers and students. The Purification
Committees reportedly seized some "excessive" amounts of private
wealth from members of the middle and affluent classes; the confiscated
property was taken from the rich to be given to the poor, in an effort to
appease the populace and to strengthen the Government's power and control
over the country. The activities of the Purification Committees
continued during the year.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The authorities tolerate some difference of opinion in
People's Committee meetings and at the General People's Congress; however,
in general they severely limit freedom of speech. This is especially
true with regard to criticism of Qadhafi or his regime. The
occasional criticism of political leaders and policies in the
state-controlled media, which does occur is interpreted as a government
attempt to test public opinion or weaken a government figure who may be a
potential challenger to Qadhafi.
The regime restricts freedom of speech in several ways:
By prohibiting all political activities not officially approved, by
enacting laws so vague that many forms of speech or expression may be
interpreted as illegal, and by operating a pervasive system of informants
(see Section 1.f.) that creates an atmosphere of mistrust at all levels of
society.
The State owns and controls the media. There is a
state-run daily newspaper, Al-Shams, with a circulation of 40,000.
Local Revolutionary Committees publish several smaller newspapers.
The official news agency, JANA, is the designated conduit for official
views. The regime does not permit the publication of opinions
contrary to government policy. Such foreign publications as Newsweek,
Time, the International Herald Tribune, L'Express, and Jeune Afrique are
available, but authorities routinely censor them and may prohibit their
entry into the market.
Technology has made the Internet and satellite
television widely available in Libya. According to numerous anecdotal
reports, both are accessed easily in Tripoli.
The Government restricts academic freedom.
Professors and teachers who discuss politically sensitive topics face a
risk of government reprisal.
b. Freedom of Peaceful Assembly and
Association
Public assembly is permitted only with regime approval
and in support of the regime's positions.
Despite these restrictions, members of the Warfalla
tribe staged several informal protests in 1995 against the regime's
decision to carry out the death penalty against tribe members involved in
the 1993 coup attempt. The Government responded by arresting hundreds
of tribe members and expelling others from the military and security
forces. In January 1997, eight Warfalla tribe members arrested for
involvement in the 1993 coup attempt were executed, and at least five
others were given prison sentences for allegedly being American spies (see
Section 1.a.).
The last display of public discontent and resentment
towards the Government occurred when a riot broke out over a penalty called
at a soccer match in Tripoli in 1996. The rare instance of public
unrest began when a contentious goal was scored by the team that Qadhafi's
sons supported, and the referee called the play in their favor. The
spectators reportedly started chanting anti-Qadhafi slogans after the
referee made the call, and Qadhafi's sons and their bodyguards opened fire
in the air, then on the crowd. The spectators panicked and stampeded
out of the stadium and into the streets, where they stoned cars and chanted
more anti-Qadhafi slogans. The Government officially admitted that 8
persons died and 39 were injured as a result of the soccer riots, but there
were reports of up to 50 deaths caused by the gunfire and the stampede of
the crowd. There is speculation that this year's mob violence against
sub-Saharan guest workers (see Sections 1.a. and 5) reflects
dissatisfaction with the Government's efforts to enhance ties to Africa,
particularly the decisions to relax immigration controls on sub-Saharan
workers and to funnel greater economic assistance to African nations.
The Government limits the right of association; it
grants such a right only to institutions affiliated with the regime.
According to a 1972 law, political activity found by the authorities to be
treasonous is punishable by death. An offense may include any
activity that is "opposed to the principles of the Revolution."
c. Freedom of Religion
The Government restricts freedom of religion. The
country is overwhelmingly Sunni Muslim. In an apparent effort to
eliminate all alternative power bases, the regime has banned the once
powerful Sanusiyya Islamic sect. In its place, Qadhafi established
the Islamic Call Society (ICS), which is the outlet for state-approved
religion, as well as a tool for exporting the revolution abroad. The
ICS also is responsible for relations with other religions, including
Christian churches in the country. In 1992 the Government announced
that the ICS would be disbanded; however, its director still conducts
activities, suggesting that the organization remains operational.
Islamic groups whose beliefs and practices are at variance with the
state-approved teaching of Islam are banned. Although most Islamic
institutions are under state control, some mosques are endowed by prominent
families; however, they generally follow the government-approved
interpretation of Islam.
According to recent reports, individuals rarely are
harassed because of their religious practices, unless such practices are
perceived as having a political motivation. In June 1998, at least
100 professionals in Benghazi and several other major cities were arrested
on suspicion of political opposition activities, specifically support of or
sympathy for the Libyan Islamic Group, an underground Islamic movement that
is not known to have used or advocated violence. Some practicing
Muslims have shaved their beards to avoid harassment from security
services. Qadhafi has criticized publicly Libyan "mujaheddin"
(generally, conservative Islamic activists who fought with the Afghan
resistance movement against Soviet forces) as threats to the regime see
Section 1.d.). Members of some minority religions are allowed to
conduct services. Christian churches operate openly and are tolerated
by the authorities. The authorities reportedly have failed to honor a
promise made in 1970 to provide the Anglican Church with alternative
facilities when they took the property used by the Church. Since 1988
Anglicans have shared a villa with other Protestant denominations.
Christians are restricted by the lack of churches; there is a government
limit of one church per denomination per city. There are two resident
Catholic bishops, and a small number of priests. In March 1997, the
Vatican established diplomatic relations with Libya, stating that Libya had
taken steps to protect freedom of religion. The Vatican hoped to be
able to address more adequately the needs of the estimated 50,000 Catholics
in the country.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
The Government usually does not restrict the internal
movement of citizens but has imposed blockades on those cities and regions
(primarily in the east) where antigovernment attacks or movements
originate. In 1996 after the escape of some 400 prisoners--during
which residents purportedly harbored escapees--the town of Dirnah was
sealed off by government troops and also had its water and electricity cut
off.
The Government requires citizens to obtain exit permits
for travel abroad and limits their access to hard currency. A woman
must have her husband's permission to travel abroad (see Section 5).
Authorities routinely seize the passports of foreigners married to citizens
upon their entry into the country.
The right of return exists. The regime has called
on students, many of whom receive a government subsidy, and others working
abroad, to return to Libya on little or no notice. Students studying
abroad have been interrogated upon their return. Prior to 1994, there
were reports that Libyan security forces hunted down and killed dissidents
living abroad (see Section 1.a.).
The Government has expelled noncitizens arbitrarily (see Section 6.e.).
There were reports that in September the Government expelled hundreds of
sub-Saharan workers following incidents of mob violence (see Section 1.a.
and 5). Government authorities placed noncitizen, primarily
sub-Saharan guest workers in hastily built camps pending their repatriation
to their countries of origin. While there were no reports of
mistreatment associated with these camps, sanitary conditions and access to
health care reportedly were poor.
In April 1998, the Government accused at least 10
Tunisians of suspected membership in, or support for, the Islamist group
An-Nadha, which is banned in Tunisia for activities in opposition to the
Tunisian Government, and forcibly returned them to Tunisia, where they
reportedly were subjected to abuse. In 1995 the Government expelled
approximately 1,000 Palestinian residents to indicate its displeasure with
the signing of the Interim Agreement between Israel and the Palestine
Liberation Organization. The Palestinians resorted to living in
makeshift camps along the Egyptian border. The Government
subsequently allowed them to return, but over 200 Palestinians elected to
remain in the border camps, hoping to travel to the West Bank and Gaza or
resettle in Egypt. The governments of Egypt and Israel refused to
accept them, leaving them stranded in the deteriorating and squalid
conditions of the once temporary border encampments. They were
removed forcibly from their encampments to another location within the
country by police and military authorities in April 1997.
The Government expelled 132 Algerians in November 1997
(see Section 6.e.).
While the country has acceded to the 1969 Organization
of African Unity Convention on refugees, the law does not include
provisions for granting asylum, first asylum, or refugee status in
accordance with the provisions of the 1951 U.N. Convention Relating to the
Status of Refugees or its 1967 Protocol, and the Government does not grant
such status. The U.N. High Commissioner for Refugees (UNHCR) reported
that by December, there were approximately 33,000 refugees in the country,
including some 30,000 Palestinians, 3,000 Somalis, and 100 of other
nationalities. During the year, UNHCR assisted approximately 1,000 of
the most vulnerable refugees in the country and supported income-generating
programs for refugee women. The Government provided housing for
approximately 850 Somali refugees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their
government. Major government decisions are controlled by Qadhafi, his
close associates, and committees acting in his name. Political
parties are banned. Qadhafi appoints military officers and official
functionaries down to junior levels. Corruption and favoritism,
partially based on tribal origin, are major problems that adversely affect
government efficiency.
In theory popular political participation is provided by
the grassroots People's Committees, which are open to both men and women,
and which send representatives annually to the national General People's
Congress (GPC). In practice the GPC is a rubber stamp that approves
all recommendations made by Qadhafi.
Qadhafi established the Revolutionary Committees in
1977. These bodies consist primarily of youths who guard against
political dissent. Some Committees have engaged in show trials of
regime opponents; in other cases, they have been implicated in the killing
of opponents abroad. The Committees approve all candidates in
elections for the GPC.
There is no reliable information on the representation
of women and minorities in the Government.
Section 4 Governmental Attitude Regarding
International and Nongovernmental Investigation of Alleged Violations of
Human Rights
The Government prohibits the establishment of
independent human rights organizations. Instead it created the Libyan
Arab Human Rights Committee in 1989. The Committee is not known to
have published any reports.
The regime has not responded substantively to appeals
from Amnesty International on behalf of detainees. In 1994 the regime
characterized Amnesty International as a tool of Western interests and
dismissed its work as neocolonialist; its representatives last visited
Libya in 1988.
Section 5 Discrimination Based on Race, Sex,
Religion, Disability, Language, or Social Status
The Constitution prohibits discrimination based on these
factors; however, the Government does not enforce these prohibitions,
particularly discrimination against women and tribal minorities.
Women
Although there is little detailed information on the
extent of violence against women, it remains a problem. In general
the intervention of neighbors and extended family members tends to limit
the reporting of domestic violence. Abuse within the family rarely is
discussed publicly, due to the value attached to privacy in society.
The 1969 Constitutional Proclamation granted women total
equality. Despite this legal provision, traditional attitudes and
practices prevail, and discrimination against women persists and keeps them
from attaining the family or civil rights formally provided them. A
woman must have her husband's permission to travel abroad (see Section
2.d.).
Although their status is still not equal to that of men,
most observers agree that, with the advent of oil wealth in the 1970's, the
opportunity for women to make notable social progress has increased.
Oil wealth, urbanization, development plans, education programs, and even
the impetus behind Qadhafi's revolutionary government all have contributed
to the creation of new employment opportunities for women. In recent
years, a growing sense of individualism in some segments of society,
especially among the educated young, has been noted. For example,
many educated young couples prefer to set up their own households, rather
than move in with their parents, and view polygyny with scorn. Since
the 1970's, educational differences between men and women have narrowed.
In general the emancipation of women is a generational
phenomenon: Urban women under the age of 35 tend to have more
"modern" attitudes toward life and have discarded the traditional
veil; at the same time, older urban women tend to be more reluctant to give
up the veil or traditional attitudes towards family and employment.
Moreover, a significant proportion of rural women still do not attend
school and tend to instill in their children such traditional beliefs as
women's subservient role in society.
Employment gains by women also tend to be inhibited by
lingering traditional restrictions that discourage women from playing an
active role in the workplace and by the resurgence of Islamic
fundamentalist values. Some observers have noted that even educated
women tend to lack self-confidence and social awareness and seek only a
limited degree of occupational and social participation with men.
Children
The Government subsidizes education (which is compulsory
to age 15) and medical care and has improved the welfare of children;
however, declining revenues and general economic mismanagement have led to
cutbacks, particularly in medical services. Some nomadic tribes
located in remote areas still practice female genital mutilation (FGM) on
young girls, a procedure that is widely condemned by international health
experts as damaging to both physical and psychological health.
People with Disabilities
No information is available on the Government's efforts
to assist the disabled.
National/Racial/Ethnic Minorities
Arabic-speaking Muslims of mixed Arab and Amazigh
ancestry constitute 97 percent of the population. The principal
minorities are Amazighs and blacks. There are frequent allegations of
discrimination based on tribal status, particularly against Amazighs in the
interior and Tuaregs in the south. The Government has manipulated the
tribes to maintain a grip on power by rewarding some tribes with money and
government positions and repressing and jailing members of various other
tribes. The Government also has attempted to keep the tribes
fractured by pitting one against another.
Foreigners constitute a significant part of the
workforce. Sub-Saharan Africans in particular have become targets of
resentment, and in September mobs of citizens in several locations
reportedly beat hundreds of sub-Saharan workers, attacking and, in some
cases, burning their places of residence and employment. Credible
reports indicate that as many as 50 individuals were killed, and hundreds
of others injured. The mobs blamed the expatriate population for
increased crime and the appearance of HIV in Libya. Libyan security
forces were criticized by many African governments for their slow reaction
to these events (see Section 5).
Section 6 Worker Rights
a. The Right of Association
Independent trade unions and professional associations
are prohibited, and workers do not have the right to form their own unions.
The regime regards such structures as unacceptable "intermediaries
between the revolution and the working forces." However, workers
may join the National Trade Unions' Federation, which was created in 1972
and is administered by the People's Committee system. The Government
prohibits foreign workers from joining this organization.
The law does not provide workers with the right to
strike. In a 1992 speech, Qadhafi affirmed that workers have the
right to strike but added that strikes do not occur because the workers
control their enterprises. There have been no reports of strikes for
years.
The official trade union organization plays an active
role in the International Confederation of Arab Trade Unions and the
Organization of African Trade Union Unity. The Arab Maghreb Trade
Union Federation suspended the membership of Libya's trade union
organization in 1993. The suspension followed reports that Qadhafi
had replaced all union leaders, in some cases with loyal followers without
union experience.
b. The Right to Organize and Bargain
Collectively
Collective bargaining does not exist in any meaningful
sense, because labor law requires that the Government must approve all
agreements.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
In its report this year, the Committee of Experts of the
International Labor Organization's (ILO) stated that in Libya "persons
expressing certain political views or views ideologically opposed to the
established political, social, or economic system may be punished with
penalties of imprisonment," including "an obligation to perform
labor." The ILO report also noted that public employees may be
sentenced to compulsory labor "as a punishment for breaches of labor
discipline or for participation in strikes, even in services whose
interruption would not endanger the life, personal safety, or health of the
whole or part of the population."
There have been credible reports that the Government
arbitrarily has forced some foreign workers into involuntary military
service or has coerced them into performing subversive activities against
their own countries. Libyans, despite the Penal Code's prohibition on
slavery, have been implicated in the purchase of Sudanese slaves, mainly
southern Sudanese women and children, who were captured by Sudanese
government troops in the ongoing civil war in Sudan (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age
for Employment
The minimum age for employment of children is 18,
although when Libya ratified ILO Convention 138 on Minimum Age for
Employment in 1975, the minimum age specified was 15. Education is
compulsory to age 15. There is no information available on the
prevalence of child labor, or on forced or bonded labor by children.
e. Acceptable Conditions of Work
The labor force consists of approximately 1.2 million
(1995 estimate) workers, including a significant, but unknown number of
expatriate workers (in a population of 6 million). Wages,
particularly in the public sector, frequently are in arrears. A
public sector wage freeze imposed in 1981 remains in effect and has eroded
real income significantly, particularly in the face of consistently high
inflation. There is no information available regarding whether the
average wage is sufficient to provide a worker and family with a decent
standard of living.
The legal maximum workweek is 48 hours. The Labor
Law defines the rights and duties of workers, including matters of
compensation, pension rights, minimum rest periods, and working hours.
Although foreign workers constitute a significant
percentage of the work force, the Labor Law does not accord equality of
treatment to them. Foreign workers may reside in the country only for
the duration of their work contracts and may not send more than half of
their earnings to their families in their home countries. They are
subject to arbitrary pressures, such as changes in work rules and
contracts, and have little option but to accept such changes or to depart
the country. Foreign workers who are not under contract enjoy no
protection.
In 1997 the U.N. Committee on Economic, Social, and
Cultural Rights cited inadequate housing, threats of imprisonment to those
accused of disobeying disciplinary rules, and accusations of causing a
variety of societal problems as some of the problems in the Government's
treatment of foreign laborers.
The Government uses the threat of expulsion of foreign
workers as leverage against countries whose foreign policies run counter to
Libya's. The Government expelled approximately 1,000 Palestinian
residents in late 1995 to signal its displeasure with the agreement between
Israel and the Palestine Liberation Organization, and in 1996, the regime
threatened to expel thousands of Palestinian workers for political and
economic reasons (see Section 2.d.).
Over 130 Algerians were expelled in 1997 (see Section
2.d.).
Labor inspectors are assigned to inspect places of work
for compliance with occupational health and safety standards. Certain
industries, such as the petroleum sector, try to maintain standards set by
foreign companies. There is no information on whether a worker can
remove himself from an unhealthy or unsafe work situation without risking
continued employment.
In September mobs of citizens in several locations,
reportedly beat hundreds of foreign workers from sub-Saharan African,
attacking and in some cases burning their places of residence and
employment. Many African governments criticized Libyan security
forces for their slow reaction to these events (see Section 5).
f. Trafficking in Persons
There is no information available regarding whether the
law prohibits specifically trafficking in persons.
There have been reports of trafficking in persons.
Libyans have been implicated in the purchase of Sudanese slaves, mainly
southern Sudanese women and children, who were captured by Sudanese
government troops in the ongoing civil war in Sudan.
____________________
* The United States has no official presence in Libya.
Information on the human rights situation therefore is limited.
Source: The
Country Reports on Human Rights Practices, U.S. State Department,
February 2000.
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