Libya’s second Universal Periodic Review (UPR) took place on Wednesday, 13 May during the 22nd session of the UPR.

Libya’s second Universal Periodic Review (UPR) took place on Wednesday, 13 May during the 22nd session of the UPR.

ISHR prepared a Briefing Paper on the Situation of Human Rights Defenders in Libya to assist States and other stakeholders to formulate questions and recommendations regarding the protection of human rights defenders during Libya’s second UPR. In the briefing paper, ISHR called on Libya to reform restrictive laws on freedom of expression and peaceful assembly which unduly limit the rights and activities of human rights defenders and journalists, as well as take steps to tackle attacks by non-State armed groups.  

Given the vague and restrictive legislation that continues to stifle the work of human rights defenders in Libya, ISHR welcomes Denmark’s call for Libya to ensure that the constitutional framework duly protects journalists, media and civil society against intimidation, threats and assaults and review the penal code accordingly.

Five States made recommendations directly relating to the protection of human rights defenders and civil society: Ireland, Germany and Sweden called on Libya to protect human rights defenders from attacks; the Netherlands called on Libya to ensure the safety of vulnerable groups, women, journalists and human rights defenders; and Spain called on Libya to take legal action and practical measures to ensure the safety of human rights defenders. Six States (Austria, Ireland, Latvia, Greece, Germany and Sweden) made recommendations calling for the investigation and prosecution of perpetrators of human rights violations, including attacks against and harassment of, human rights defenders and journalists. ISHR strongly supports these recommendations, especially in the current circumstances in Libya where ongoing insecurity, armed militia activity and challenges to the rule of law imply elevated risks for activists, journalists and legal professionals.

Further a number of States (including the State of Palestine, Madagascar, Kenya, Honduras, Nepal and Colombia) made recommendations calling on Libya to establish a National Human Rights Institution in line with the Paris Principles, a recommendation which was set out in ISHR’s briefing paper. NHRIs are critical in ensuring that domestic human rights abuses are reported to international human rights mechanisms and in assisting to ensure effective implementation of international human rights standards at the national level.

ISHR welcomes the call made by six States for Libya to review the Penal Code to repeal all provisions to ensure the effective exercise of freedom of opinion, expression, assembly and association. In its recommendation, France specifically referred to the protection of the right of human rights defenders to enjoy these rights. ISHR’s briefing paper similarly called upon Libya to remove restrictions in the penal code on freedom of expression and peaceful assembly.

In Libya’s review 202 recommendations were made in total, 22 of which, as outlined above, reflected issues of human rights defenders and civil society. Libya will officially respond to each of these recommendations during the UPR adoption in the September 2015 session of the Human Rights Council. ISHR encourages Libya to consult with civil society in considering these recommendations and accept and implement all recommendations in relation to the protection of human rights defenders and civil society.