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The African Commission on Human and Peoples’ Rights must condemn atrocities committed against migrants in Libya
StatementsThe undersigned human rights organizations deeply regret the lack of spaces for communication, including participation and expression of opinions, between Libyan civil society and human rights organizations and the African Commission on Human and Peoples’ Rights (ACPHR), especially with regard to the file of migrants and asylum seekers detained in Libya. The absence of space for consultation with the ACPHR is worrying in light of the seriousness of the violations perpetrated against migrants and refugees inside and outside Libyan detention centers.
On the 28th and 29th of October 2022, a coalition of Libyan NGOs, supported by the Association for Juridical Studies on Immigration (ASGI) and the Cairo Institute for Human Rights Studies (CIHRS), attended the 73rd Ordinary Session of the ACHPR in Banjul, The Gambia. One of the main objectives of the mission was to urge the Commission to take a clear and effective position regarding the atrocities against migrants and refugees in Libya.
During the session, Libyan human rights organizations were not allowed to engage or participate in the discussion or present their concerns related to its subject matter, although being registered for intervention in the plenary session. In contrast, the Libyan government representative had the opportunity to comment and participate, during which he praised the role of the African Commission and its member states while avoiding an in-depth discussion about the plight of migrants and refugees in Libya. The committee was keen to manipulate the time, giving state delegations sufficient time and opportunity to comment and intervene more than once, while deliberately confiscating the time allowed for the comments of civil society representatives. The management of the session time did not reflect any genuine desire or will to achieve justice and fairness for migrants, refugees, and asylum seekers, and the interventions of civil society representatives were deliberately disregarded.
Despite the restrictions on civil society interaction with the Commission, the coalition of Libyan, regional, and international organizations submitted an updated summary of the violations against foreign nationals in Libya to the Commissioners during the session, with a request to finally and urgently address the issue.
The undersigned organizations call upon the ACHPR to reaffirm its role to “ensure the protection of human and peoples’ rights” as enshrined in the Banjul Charter, and to open an investigation into the grave human rights violations against refugees and migrants in Libyan detention centers. The undersigned further call on Libya to respect its human rights obligations, especially in regard to protecting migrants, refugees, and other persons among society’s most vulnerable.
Background information
The African Commission on Human and People’s Rights has already been called upon, in July 2019, when a joint request demanding an investigation into the human rights violations against refugees and migrants in the detention centers of Tajoura, Zawiya, and Zintan was submitted by the Cairo Institute for Human Rights Studies (CIHRS) in cooperation with the Libya Platform Coalition and with the support of the Association for Juridical Studies on Immigration (ASGI) and the Italian Recreational and Cultural Association (ARCI). The request included cases of serious and repeated violations of the fundamental rights guaranteed by the African Charter on Human and Peoples’ Rights, including the right to physical integrity and freedom from torture, the prohibition of cruel, inhuman, and degrading treatment (Article 5), the right to personal freedom, and protection from arbitrary arrest (Article 6). and the right to a fair trial (Article 7). The organizations relied on the testimonies of migrants and refugees held in detention centers in Tajoura, Al-Nasr Al-Zawiya, and Zintan, who reported that they were tortured, detained in inhumane conditions, starved, deprived of sanitation services, and denied legal assistance. It should be noted that the three aforementioned detention centers belonged at that time to the Ministry of Interior, which is affiliated with the internationally recognized Government of National Accord based in Tripoli.
Since 2019, despite the change of government in March 2021, the human rights situation has continued to worsen and the Libyan government has improved neither the conditions of the detention centers nor the more general conditions facing foreign citizens in the country. Crimes against humanity are systematically committed against migrants on a widespread scale by State and non-State actors, with a high level of organization and with the encouragement of the State.
Picture for article
Ceiling of the main room of the International Conference Centre, Serrekunda, Gambia. The centre hosted the 73a session of the African Commission of Human and People’s right.
Photo credit: Fouad Roueiha
Libya: European Parliament issues a new resolution on European policy toward Libya
StatementsNovember 23, 2022
The Cairo Institute for Human Rights Studies (CIHRS) and the organizations of the Libyan Platform Coalition welcome the results of the vote on the European Parliament’s Recommendation on Libya, which was approved today, 23 November 2022, in the plenary session by a majority of 454 MEPs (130 voted against, 54 abstained). The text contains a set of policy recommendations that address human rights concerns in the framework of the relations between Libya and the European Union and its member states, while presenting a detailed overview of the political, military, human rights, and economic situation in Libya.
The rapporteur, Member of the European Parliament (MEP) Giuliano Pisapia, prepared the first draft of the Recommendation, which was later adopted by the Foreign Affairs Committee of the European Parliament. Mr Pisapia’s work was built on months of in-depth consultations with stakeholders. Numerous representatives of Libyan, regional and international human rights organizations, including CIHRS, participated in this dialogue. The reports of civil society organizations made a significant contribution to MEP Pisapia’s information-gathering process. This Recommendation has revived debate in the European Parliament about the deteriorating situation in Libya. In 2022, EU interest in Libya had declined significantly amid the war on Ukraine and the deepening of the economic crisis in Europe, and was only focused on migration issues and the funding of related projects. Although the serious violations and crimes committed perpetrated by the Libyan coast guard or in detention centers should have raised alarm about the risk of European Union and Member State complicity in such crimes, there had been little EU attention in 2022 to the human rights of migrants and refugees in Libya.
While we appreciate the references to human rights considerations, with a focus on migrant rights, in the final draft of the Recommendation, we had also hoped for more EU pressure to limit the infiltration of extremist and criminal groups into state institutions, including executive and judicial institutions and security services. Although the Recommendation addresses the importance of reforming the security sector in Libya, it lacks a clear position on conditioning financial or military support from the European Union to the Libyan authorities on security sector reform. Extremist and criminal elements within Libyan security institutions pose a great threat to the integrity of the future electoral process, and compliance by all parties to its results. The Recommendation text does not clearly address the need to ensure the accountability of armed groups for violations committed with impunity in detention sites throughout the country that are under their full control. The Recommendation also does not indicate the importance of applying pressure on the Libyan authorities to curb pressure or interference from armed and extremist groups in the work of the judiciary, and ensure the safety of lawyers, prosecutors, judges, and courts and prosecution offices.
Although the Recommendation touches on the importance of legislative reform to guarantee the protection of the right to organize, form associations, and free expression, its policy recommendations do not explicitly address the need to abolish or amend specific laws and decrees that represent a basic guarantee for these rights. These laws and decrees include articles no. 178, no. 206 and no. 207 of Libya’s Penal Code, which are mainly used to prosecute and imprison activists at home and abroad. Meanwhile, Article no. 177 of the Code of Criminal Procedure legislates an indefinite extension of pre-trial detention. The contested Law no. 20 issued by the General National Congress (GNC) in 2016, amended Article 291 of the Libyan Penal Code, and the penalty for insulting the state religion (Islam) was raised from two years’ imprisonment to death for non-Muslims or those who have left the Muslim faith, and ten years’ imprisonment for Muslims.
This European Parliament Recommendation mentions the importance of renewing the mandate of the current UN fact-finding mission (FFM) on Libya; the FFM documents serious crimes committed in the country that may amount to war crimes and crimes against humanity, with a view to achieving accountability. However, the mandate of this mission will not be renewed after its end in March 2023. Human rights organizations reiterated their call to create a new UN accountability mechanism at that time for Libya. The support of EU and UN member states is vital to creating a new accountability mechanism after the current FFM mandate ends.
In the plenary debate on the Recommendation on 22 November, the rapporteur MEP Pisapia stated that the EU must act to ensure the Libyan authorities end “the harsh repression of civil society and the shameful situation in detention centers” in Libya; similarly, many MEPs denounced illegal arbitrary detention of migrants in the country, and called for the EU and Libya to uphold their human rights commitments. MEP Barry Andrews stressed the importance of search and rescue in the Mediterranean; he and MEP Pietro Bartolo called on the EU to ensure it is carried out. Several MEPs, including Mr Pisapia, condemned impunity and the rights violations committed by armed groups in Libya. Green MEPs Mr Satouri and Ms D’Amato called on the EU to end collaboration and support for the Libyan Coast Guard due to its role in human rights violations and human trafficking. Several MEPs and European Commissioner Varhelyi also criticized foreign interference in Libya, and stressed the importance of supporting UN-led negotiations and working toward a free and fair process for elections in the country.
Signatory organizations:
The Cairo Institute for Human Rights Studies
The Libyan Platform Coalition
Libya: DCHRA and 18 human rights groups call for immediate repeal Anti-Cybercrime Law due to its threats to freedom of expression
NewsThe undersigned civil society organizations demand that the Libyan House of Representatives repeal the Anti-Cybercrime Law n°5/2022 issued on September 27th, 2022. We call for the law not to be applied, as it directly undermines human rights and fundamental rights, namely freedom of expression and opinion, and the rights to peaceful assembly, privacy, and personal data protection. The law also regularizes the Executive’s comprehensive, warrantless surveillance over the digital spaces and allows them to censor websites and content.
Following its ratification on October 26, 2021, the Libyan House of Representatives decided to bring into force the Anti-Cybercrime Law by officially publishing it on September 27, 2022. This happened without prior notice and in complete disregard of demands from civil society organizations and four UN Special Rapporteurs for the law to be withdrawn. The law in question infringes on fundamental human rights principles, as well as Libya’s international commitments, as its drafting process did not include stakeholder dialogue and engagement.
Libya’s House of Representatives did not publicly share the law until a few days after it came into force, when it was posted on its Facebook page. Before this it was only available as a leaked draft on social media. The following statement highlights our main concerns regarding the risks of this law.
Broad, ambiguous terminology that contravenes international human rights standards
Article 4 of the Anti-Cybercrime Law states that “the use of the Internet and modern technological means is considered to be legal, provided that public order and morality are respected.” By implication, therefore, any usage of technology deemed to violate these ambiguous concepts of ‘public order’ or ‘morality’ is illegal.
Article 7 allows Libya’s National Information Security and Safety Authority (NISSA) to censor anything that disseminates prejudices or ideas that may “undermine the security of the society and its social peace,” without clearly defining the concepts of ‘security’ or ‘social peace.’ Furthermore, Article 8 requires the NISSA to block access to websites and pages containing materials that are “contrary to public morality,” while Article 37 provides for harsh prison and financial sanctions against “anyone who spreads a rumor or publishes information or data that threatens security or public safety in Libya or any other country.”
Such broad, ambiguous terminology violates international human rights standards for drafting legislation that restricts freedom of opinion and expression. According to General Comment No. 34 of the Human Rights Committee on Article 19 of the International Covenant on Civil and Political Rights, which Libya ratified on May 15, 1970, any such laws must be formulated “with sufficient precision to enable an individual to regulate his or her conduct accordingly.” Inaccuracy in this law’s provisions could give Libya’s judicial authorities, or the Executive represented by the NISSA, extensive discretionary powers to restrict usage of digital spaces and thus limit freedom of expression and opinion, as well as the right to peaceful assembly and association, without clear, legal, legitimate, and predetermined controls in place.
It enables extensive, warrantless censorship and content blocking
Article 7 of the Anti-Cybercrime Law is particularly dangerous as it allows the NISSA to extensively censor everything published on the internet or “any other technical system,” as well as anything that may disseminate prejudices or ideas that “undermine the security of the society and its social peace.” Granting extensive discretionary powers to an executive body, via the use of vague and ambiguous terms, contradicts Libya’s international commitments; namely the International Covenant on Civil and Political Rights.
Human rights organizations have warned the Libyan authorities about this, as have the UN Special Rapporteurs in a joint communication sent on March 31, 2022. This communication highlighted that any censorship of electronic content should always be carried out within a defined framework, following an independent and impartial judicial authority’s decision, and following the principles of legality, necessity, and proportionality. The rapporteurs also noted that States should refrain from any monitoring of online content and activity, which is permitted by Article 7 of this law.
“Any other technical system” is a particularly problematic and ambiguous phrase, as it makes it hard to know to what extent the NISSA is allowed to monitor other technological and communication media not covered by this law. This level of ambiguity could be exploited by the Executive, in absence of any judicial checks and balances during their application and interpretation of the law.
For the reasons outlined above, we consider that Article 7 violates the rights to freedom of expression, freedom of opinion, peaceful assembly, and association. It undermines users’ rights to share and receive information online, since, in the absence of any judicial controls, this may be censored using the NISSA’s discretionary powers. This is particularly likely in specific political circumstances, such as protests or elections, where the internet is the main tool used by the public to find information or to express their opinions and ideas in an organized manner without having to fear the Executive’s monitoring. This was also the conclusion of the UN Special Rapporteurs.
It threatens freedom of expression, publication, and the press
First seen in the leaked version of the draft law, the Libyan Parliament maintained articles 13 and 47, related to interference and interception and unlawful wiretapping respectively, in the final version of the law that was published. Both articles threaten journalists’ rights to access information, to communicate with whistleblowers and sources, or to share information obtained through their work. This in turn prevents the general public from accessing information through a free press without the Executive’s discretionary power to interpret vague and ambiguous concepts such as ‘public order’ or ‘public interest.’
The term ‘interference’ in Article 1 is also ambiguous. Defining it as “viewing or obtaining data or information” broadens the scope of the Executive and Judiciary’s discretionary powers to interpret whatever they obtain from electronic systems.
This is inconsistent with Paragraph 2, Article 19 of the International Covenant on Civil and Political Rights, which states that “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Human rights organizations have previously confirmed this, and the UN Special Rapporteurs have highlighted this discrepancy to the Libyan authorities.
These measures could threaten the already-vulnerable status of journalism in Libya, where journalists are constantly subject to threats, harassment, and physical violence. Reporters Without Borders has ranked the country as 143rd out of 180 countries listed in its Press Freedom Index. There is a strong likelihood that these measures could be used as a legal justification to legitimize further violations in an environment already marked by political instability and widespread impunity.
It legalizes threatening citizens’ privacy and digital security
Articles 9 and 39 of the law incriminate the possession and use of encryption tools. Article 39 stipulates that “anyone who produces, possesses, provides, markets, manufactures, exports, or imports encryption tools without the competent authority’s permission or authorization is subject to a prison sentence and a fine of no less than 20,000 dinars and no more than 100,000 dinars.” Article 9 states that the competent authority is NISSA – the same institution affiliated with an Executive granted authority by this law to monitor online content.
Digital encryption tools enable citizens to exercise their rights of freedom of expression and opinion, while also respecting their right to privacy. No authority should restrict the possession or use of these tools, except in specific cases governed by the conditions of legitimacy, necessity, and proportionality, which contradicts the provisions of Articles 9 and 39. In this context, the UN Special Rapporteur on Freedom of Expression and Opinion, along with a number of experts who contributed to the joint declaration on Freedom of Expression Challenges in the next decade (2020), have said that states should “refrain from imposing random or illegal restrictions on the use of encryption and anonymity techniques.” However, the Anti-Cybercrime Law restricts the use of such tools by requiring permission or authorization from a body affiliated with the Executive, which will harshly sanction anyone who violates this procedure.
This ban on encryption, when considered alongside comprehensive monitoring and the ability to block content and websites that the law enables, as well as threats to press freedom and access to information for the general public, make it clear that that law endangers human rights and general freedoms in Libya. The right to freedom of expression and opinion, freedom of peaceful assembly and association, and the right to privacy are all at risk.
It includes meaningless amendments in a law that destroys digital rights and freedoms
The final version of the law ratified by the House of Representatives in 2021, but which only came into effect on September 27, 2022, included seven amendments compared to a draft version circulating on social media in October 2021. These amendments mainly modified the definition of hacking in Article 3, to cover “the illegal use or copying of various operational systems or software in the private protection system,” rather than the previous definition of “the illegal use or copying of various operational systems or software for personal or commercial benefits.” A new definition related to NISSA was added, defining it as “the National Information Security and Safety Authority, created pursuant to the decision of the Council of Ministers n°28/2013.” In addition to this, the title of Article 6 was changed to “Literary, artistic or scientific works,” instead of “Digital literary, artistic or scientific works.”
Other amendments pertaining to procedures and penalties were also made. Article 7 omitted the following from its draft paragraph 2 – “In circumstances other than security necessities and emergencies” – meaning that the article in question now only includes one paragraph, as follows:
“The National Information Security and Safety Authority is allowed to monitor whatever is published and posted on the international information network or any other technical system, and block any prejudices or ideas that might undermine the security and stability of the society and its social peace. Monitoring emails and conversations is only allowed based on a judicial warrant issued by the competent judge.”
The sanctions on interference and interception mentioned in Article 13 were amended, increasing the jail sentence from six months to one year, while a mention in Article 45 of sentencing for helping terrorist groups was changed from “life sentence” to “sentenced to prison.”
Such amendments are meaningless in a law that enshrines comprehensive monitoring, grants executive bodies the authority to block websites and content or impose restrictions on encryption, and uses vague terms such as ‘public morals’ or ‘public order.’ All of this contradicts human rights principles and fundamental freedoms, and violates Libya’s international commitments; namely the International Covenant on Civil and Political Rights and the provisional Libyan Constitutional Declaration of 2011. The latter’s Article 7 clearly states that, “Human rights and basic freedoms shall be respected by the State. The State shall commit itself to joining international and regional declarations and charters which protect such rights and freedoms. The State shall endeavor to promulgate new charters which shall honor the human being as God’s creation on Earth.”
The undersigned civil society organizations therefore call on:
Signatory organizations and associations:
The 41st FIDH Congress unanimously voted for Defender Center for Human Rights to join the International Alliance
NewsThe 41st Congress of the International Federation for Human Rights (FIDH), which hosts 192 human rights organizations from all over the world, decided to vote unanimously to accept the full membership of Defender Center for Human Rights.
Defender Center for Human Rights is currently the only Libyan organization affiliated with the International Federation for Human Rights, starting from the 41st Congress, which was organized in the French capital, Paris, between 23 and 27 October 2022.
FIDH is an international non-governmental organization dedicated to the defense of human rights. It brings together 192 national human rights organizations in 117 countries. Since 1922, the FIDH has been committed to defending all civil, political, economic, social and cultural rights as defined in the Universal Declaration of Human Rights.
In conjunction with the 100th anniversary of the founding of the International Federation for Human Rights, Defender Center for Human Rights participated in the work of the Congress and some workshops, along with 180 human rights organizations and human rights defenders from around the world.
The International Federation for Human Rights (FIDH) held its inaugural session in the municipality of Paris on October 23 and 24, 2022. A statement explained that “180 male and female defenders gathered in Paris from all over the world under the slogan of the battle itself: the battle for freedom, respect for rights and those who defend them.” The debates and joint working sessions continued throughout the week at the Novotel Hotel in Paris.
The work of the Congress began with an opening session with the participation of the Secretary-General of the United Nations, the Prosecutor of the International Criminal Court, the Special Rapporteur on human rights at the United Nations, the Mayor of Paris, and a number of political and human rights figures. The FIDH World Conference brings together network member organizations, international experts, and more than 180 participants from local civil society groups. This event was an opportunity for human rights organizations from all over the world to exchange experiences and best practices to address human rights protection challenges. (Click here to view the programme).
António Quterres, Secretary-General of the United Nations, praised the convening of the 41st Congress and said in a speech on the occasion, “I salute the work of the International Federation for Human Rights and all those who work daily for human rights and put their lives at risk.”
Mary Lawlor, the UN Special Rapporteur on human rights defenders, congratulated all the Congress participants and said: “I think our work is paying off, some actors are changing their policies after we have talked to them. Building and effecting change is a collective effort for all of us.”
Anne Hidalgo, Mayor of Paris, thanked the International Federation for the opening of the Congress and said that “since its establishment nearly 100 years ago, the federation has been striving tirelessly for respect for the rule of law and the promotion of human values.” In her speech, she added, “Paris thanks you and will always stand side by side with the human rights defenders whose work is essential”.
On this occasion, Defender Center for Human Rights expresses its aspirations regarding the hoped-for effects of its membership in the federation, through which it seeks to intensify efforts with the rest of the members to promote human rights, combat impunity, raise the voice of victims and enhance the situation of human rights and defenders, in addition to its hope to exchange experiences with all partner organizations from all over the world, in the context of the great challenges faced by human rights organizations as a result of the worrying developments taking place in the world, which would affect the situation of human rights and democracy in many places, especially the Middle East and North Africa.
The statement of the World Federation of Human Rights Organizations announced ten new rights to confront issues that create divisions, perpetuate poverty and prevent men and women from living in dignity.
This year’s FIDH Congress focused on the complexity and evolution of human rights issues, such as the environmental crisis, widespread poverty, the universality of rights, and international governance.
To view the full press release, click here
CHRDA Recruit Advocacy and Research Associate in TUNISIA
NewsCHRDA Advocacy and Research Associate
Department:
CHRDA Advocacy and Research Associate
Location:
Tunisia
STARTING DATE
As soon as possible
Organisation background
Center for Human Right Defenders Association (CHRDA) Is an independent regional non-governmental organisation. CHRDA aims at promoting rights of Human rights Defenders and vulnerable population, analysing the difficulties facing the application of International Human Rights Law and disseminating Human Rights Culture in the Arab Region as well as engaging in a dialogue between cultures. A crucial part of CHRDA’ mandate is to help shape the understanding of the most pressing human rights defenders concerns within the region and then to coordinate and mobilise the key players and NGOs from across the Arab world to work together towards solutions.
Furthermore, CHRDA is an HRD’s network; working on supporting, empowering and protecting HRDs. CHRDA emerged from the need to find a space for Jurists outside their country, especially with the outbreak of armed conflict targeting defenders and activists; attacks and abuses sometimes reached the limit of assassinations.
Job context
.
Hierarchical Link
Under the direct supervision of Senior Researcher.
reporting
Provides reports to Senior Researcher / Senior Reporting.
SKILLS AND EXPERIENCE
A successful applicant will ideally be able to demonstrate:
EQUALITY STATEMENT
We are looking for candidates that are passionate about human rights, who are determined to make an impact on people’s lives around the world. Joining CHRDA means being a part of a dedicated and diverse team committed to the protection and preservation of international human rights.
CONTRACT AND SALARY
1-year contract subjected to a 3-month probation period. Renewal subject to funding.
How to Apply
If this sounds like the position you have been looking for, please submit a motivation letter (not more than one page) that addresses the specific skills and experience that CHRDA requires for CRV Project Coordinator and CV;
to recruitment@defendercenter.org with “CHRDA Advocacy and Research Associate” in the subject of your email.
We look forward to learning more about you.
CHRDA recruit « Protection Officier» in TUNISIA
NewsCHRDA Protection Officier
Department:
CHRDA Protection Officer
Location:
Tunisia
STARTING DATE
As soon as possible
Organisation background
Center for Human Right Defenders Association (CHRDA) Is an independent regional non-governmental organisation. CHRDA aims at promoting rights of Human rights Defenders and vulnerable population, analysing the difficulties facing the application of International Human Rights Law and disseminating Human Rights Culture in the Arab Region as well as engaging in a dialogue between cultures. A crucial part of CHRDA’ mandate is to help shape the understanding of the most pressing human rights defenders concerns within the region and then to coordinate and mobilise the key players and NGOs from across the Arab world to work together towards solutions.
Furthermore, CHRDA is an HRD’s network; working on supporting, empowering and protecting HRDs. CHRDA emerged from the need to find a space for Jurists outside their country, especially with the outbreak of armed conflict targeting defenders and activists; attacks and abuses sometimes reached the limit of assassinations.
Job context
Hierarchical Link
Under the direct supervision of Administrative and Financial Officer/ CRV Project Management
reporting
Provides reports to Programme Management
SKILLS AND EXPERIENCE
EQUALITY STATEMENT
We are looking for candidates that are passionate about human rights, who are determined to make an impact on people’s lives around the world. Joining CHRDA means being a part of a dedicated and diverse team committed to the protection and preservation of international human rights.
CONTRACT AND SALARY
1-year contract subjected to a 3-month probation period. Renewal subject to funding.
How to Apply
If this sounds like the position you have been looking for, please submit a motivation letter (not more than one page) that addresses the specific skills and experience that CHRDA requires for CRV Project Coordinator and CV; to recruitment@defendercenter.org with “CHRDA Protection Officer” in the subject of your email.
We look forward to learning more about you.