Repealing repressive regulations, intended to impede civil society organisations and their activities in Libya, including Decree 286 of 2019;
- On 15 August, the HoR reported that it called on the Presidency Council, the Cabinet and the Ministry of Foreign Affairs to form a committee in charge of listing foreign NGOs operating in Libya, on the grounds these said NGOs would “seek to destabilise and enter the local community”. The HoR directed the General Intelligence Service and the International Security Service to check foreign organisations’ licenses to work in Libya and to check that they work “in line with national security”. The HoR also stated that institutions and municipalities should not deal with said foreign NGOs without consulting authorities. These decisions are concerning and indicate the HoR’s willingness to curtail the work of civil society and antagonise international actors. The GNU should reject such measures and promote freedom of association by repealing repressive regulations on civil society.
Ensuring all forms of abuse including threats and reprisals against CSOs and human rights defenders are investigated and that those responsible for such abuses are held accountable;
- The widespread pattern of arbitrary detention, enforced disappearances and attacks in Libya continues. On 5 August, the 302 Brigade of the LAAF General Command reportedly confirmed that Mansour Atti, Director of the Libyan Red Crescent branch in Ajdabiya and a civil society activist, was detained in one of its prisons. Mansour Atti was abducted and held under conditions of enforced disappearance until then and remains arbitrarily detained. All parties in Libya must immediately release individuals who are arbitrarily detained and those responsible must be investigated and held to account.
Ensuring that the CSC is a separate body operating independently with its own budget and guaranteeing that its work will not be subject to interference from political authorities, central intelligence forces or the security sector, including armed groups and militias.
- On 1 August, Prime Minister Dbeibah met with representatives of civil society organisations to discuss the role of this sector, particularly in the context of the upcoming elections next December. The civil society representatives who attended the meeting briefed the Prime Minister on the problems facing their work and stressed the need to organise the sector in a way that guarantees its effectiveness and independence. They also called for unifying the Civil Society Commission, and for the urgent amendment of the draft regulation on the work of civil society organisations, in line with civil society’s recommendations.
What is the problem?
Civil society and human rights activists in Libya are regularly targeted for their work and face threats, abductions and enforced disappearances in addition to seeing their rights to freedom of association and assembly regularly violated. Since 2016, the Libyan authorities in the west and the east have issued a number of decrees and executive orders which impede the ability of local and international civil society to work in Libya, including by granting the Libyan Civil Society Commission (CSC) discretionary and overly intrusive powers. In particular, Decree 286 of 2019 strictly regulates the work of local and foreign civil society organisations (CSOs) regarding their establishment, registration and structure and provides the CSC powers to control, restrict and suspend CSO activities and also to dissolve the CSOs. In the context of prospective elections, it is particularly concerning that Decree 286 also imposes a blanket prohibition on CSOs engaging in “political activity” without providing a concrete definition of this term. This could potentially impede the crucial work of civil society in raising awareness and monitoring electoral processes.
What you must do about it
To fulfil your mandate of moving the country towards peace and reconciliation, you must demonstrate your commitment to upholding the values and democratic gains of the 2011 uprising by repealing the repressive measures imposed on civil society. Civil society actors and organisations must be empowered to speak out and defend the rights of everyone in the country to pave the way for free, fair, and peaceful elections.
Under the Roadmap, you are required to “support the Civil Society Commission to perform its functions and remove the obstacles and restrictions on the work of civil society institutions without prejudice to public order” (article 6.8). As such, you must ensure that civil society in Libya is able to carry out its work freely without hindrance from the Libyan authorities, by:
- Repealing repressive regulations, intended to impede civil society organisations and their activities inLibya, including Decree 286 of 2019;
- Ensuring all forms of abuse including threats and reprisals against CSOs and human rights defenders are investigated and that those responsible for such abuses are held accountable;
- Ensuring that the CSC is a separate body operating independently with its own budget and guaranteeing that its work will not be subject to interference from political authorities, central intelligence forces or the security sector, including armed groups and militias.