Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/LIBYA.TXT

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TITLE:  LIBYA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             LIBYA*




*  The United States has no Embassy in Libya.  Information on
the human rights situation is therefore limited.


The Great Socialist People's Libyan Arab Jamahiriya is a
dictatorship ruled by Mu'ammar Al-Qadhafi (the "Brother Leader
and Guide of the Revolution") who is aided by extragovernmental
Revolutionary Committees and a Comrades Organization.  Libya's
governing principles are expressed in Mr. Qadhafi's "Green
Book."  Borrowing from Islamic and pan-Arab ideas, Mr. Qadhafi
has created a political system that purports to establish a
"third way" superior to capitalism and communism.  He uses
assassination and intimidation to control his enemies abroad
and summary judicial proceedings to suppress opposition at
home.  The Government exercises tight control over ethnic
minorities, such as Berbers, and continues to repress banned
Islamic groups.

Libya maintains an extensive security apparatus, consisting of
several elite military units, including Mr. Qadhafi's personal
bodyguards, as well as the local Revolutionary Committees and
People's Committees.  The result is a multilayered, pervasive
surveillance system which monitors and controls the activities
of individuals.

In August Mr. Qadhafi proposed a program to seize private
wealth, deeming all private assets above a nominal amount to be
the fruits of exploitation or corruption.  The Government
dominates the economy through complete control of the country's
oil resources, the principal source of foreign exchange.  It
uses part of the oil income for development, but much income
has been lost to waste and corruption.

The human rights situation worsened in 1994 as the security
service continued a crackdown after a coup plot was foiled in
October 1993.  Most rights remain tightly restricted.  There
are no effective right to freedom of speech, including
expression of views opposing those of the Government, to
peaceful association or assembly, to formation of trade unions,
or to strike.  Citizens do not have the right to change their
government, nor the right to a fair public trial, to be
represented by legal counsel, to be secure in their homes or
persons, or to own private property.

RESPECT FOR HUMAN RIGHTS

Section l  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Foreign observers report at least 17 persons were hanged in
early 1994 after they were found guilty in summary trials for
their roles in a reported attempt coup d'etat in October 1993.
Thousands of persons were arrested in the post-October
crackdown.  Dozens of those reportedly died in detention.

A large number of offenses, including political offenses and
"economic crimes," are punishable by death.  Law No. 71 of 1972
stipulates the death penalty for any person associated with a
group opposed to the principles of the revolution.  Despite his
longstanding stated intention, Mr. Qadhafi has not acted to
abolish the death penalty for this offense.  To the contrary, a
1991 law stipulates the death penalty for persons "whose lives
constitute a threat or cause depravity to society."

     b.  Disappearance

Mansur Kikhya, a former Libyan Foreign Minister under Mr.
Qadhafi and a prominent exiled dissident, disappeared from
Cairo in December 1993.  The Egyptian Government has been
unable to account for Kikhya's disappearance.  Many observers,
citing Libya's long history of antidissident campaigns and Mr.
Qadhafi's public calls in late 1993 for violence against regime
critics abroad, believe that Libyan agents abducted Kikhya.
Kikhya's whereabouts are still unknown.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although Libya is a party to the United Nations Convention
against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, security personnel reportedly torture
prisoners during interrogations or for punishment.  Government
agents periodically detain and reportedly torture foreign
workers, particularly those from sub-Saharan Africa.  Torture
reports are difficult to corroborate because many prisoners are
held incommunicado.

Methods of torture reportedly include:  chaining to a wall for
hours, clubbing, electric shock, the application of corkscrews in the
back and lemon juice in open wounds, breaking fingers
and allowing the joints to heal without medical care,
suffocation by plastic bags, deprivation of food and water, and
beatings on the soles of the feet.  Libyan law calls for fines
against any official using excessive force, but there are no
known cases of prosecution for torture or abuse.

In 1994 Mr. Qadhafi again publicly called for a stricter
application of Islamic law, or Shari'a.  He criticized the
leniency of judicial punishments and recommended legislation to
authorize amputation for thievery and public whipping for
adulterers.  In February the Government adopted laws mandating
Koranic punishments, but at year's end there was no evidence
these laws had been enforced.

     d.  Arbitrary Arrest, Detention, or Exile

By law the Government may hold detainees incommunicado for
unlimited periods.  It also holds many political prisoners
incommunicado in unofficial detention centers, controlled by
members of the Revolutionary Committees.  The Government is
believed to hold in detention between 400 to 500 political
prisoners.  Many have been held for long periods without
charge.  Thousands of other detainees may have been held for
periods too brief (3 to 4 months) to permit confirmation by
outside observers.

While undergoing interrogation, sometimes for as long as
several months, prisoners do not have access to legal counsel.
There have been credible reports that the Government has
arbitrarily forced some foreign workers into military training
and military service on behalf of Libya or coerced them into
subversive activities against their own countries.

The Government does not impose exile as a form of punishment;
to the contrary, Mr. Qadhafi seeks to pressure Libyans working
or studying abroad to return to Libya.  However, the regime
arbitrarily expels noncitizens (see Section 6.e.).

     e.  Denial of Fair Public Trial

Most civilians are tried in regular courts, but their cases may
be referred to less formal "people's courts" or to military or
revolutionary courts, depending on the recommendation of the
security forces.  Some trials are held in secret or even in the
absence of the accused.  In other cases, the security forces
have the power to judge persons guilty without trial,
particularly those deemed "traitors to the people" (i.e.,
opponents of Mr. Qadhafi's ideology or reign).

Persons accused of political offenses have been tried in secret
before ad hoc revolutionary courts rather than in regular
civilian courts.  Defendants in such cases do not have the
right to choose their own counsel.

A 1981 law prohibits the private practice of law and stipulates
that all attorneys must work as employees of the Secretariat of
Justice.  The accused are not accorded due process under the
law, despite the regime's claims of adherence to international
principles of justice.

Mr. Qadhafi has used public speeches to incite local cadres to
take extrajudicial action against suspected regime opponents.
In 1994 a regime-inspired mob destroyed the home of a person
mistaken as a regime opponent who was living abroad.  Mr.
Qadhafi claimed that his personal intervention prevented the
mob from killing the family living in the house.  Later the
actual family members of the opponent--acting under
regime-inspired duress--described him as "insane" and called
for his arrest if he returned to Libya.

     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 informant network.  Libyan exiles report that mere
family ties to suspected regime opponents may result in
government harassment and detention.  The Government may seize
and destroy property belonging to the "enemies of the people"
or those who "cooperate" with foreign powers.  In early 1994,
citizens reported that Mr. Qadhafi warned that members of the
extended family of any regime opponent risk the death penalty.

In August Mr. Qadhafi proposed a program to seize private
wealth, deeming all private assets above a nominal amount to be
the fruits of exploitation or corruption.  He encouraged local
cadres to investigate and report any citizen retaining
"excessive" private assets after the expiration of a grace
period, during which citizens could turn over such assets to
the Government.

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 but in
general severely limit freedom of speech.  This is especially
true with regard to criticism of Mr. Qadhafi or his regime.
Infrequent media criticism of regime members or policies is
interpreted as orchestrated attempts to test public opinion or
as efforts to weaken the popular support of Mr. Qadhafi's
potential challengers within the Government.

The regime restricts freedom of speech by prohibiting all
political activities not officially approved; enacting laws so
vague that many forms of speech or expression may be
interpreted by the regime as illegal; and by operating a
pervasive system of informants 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.  The
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, Express, and Jeune Afrique are available, but
authorities routinely censor them and can prohibit them from
entry onto the market.

     b.  Freedom of Peaceful Assembly and Association

Public assembly is permitted only with regime approval and in
support of the regime's positions.  The Government limits the
right of association; it grants such a right only to
institutions affiliated with the regime.  According to Law No.
71 of 1972, 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."  Independent trade unions and professional
associations do not exist.  The regime regards such structures
as unacceptable "intermediaries between the revolution and the
working forces."

Despite these restrictions, citizens staged several informal
protests in 1994 to complain about the deteriorating economy
and express dissatisfaction with the Government.  At least one
large demonstration took place in Bani Walid, the location of
the regime's preemptive strikes against the October 1993 coup
attempt.

     c.  Freedom of Religion

Libya is overwhelmingly Muslim.  In an apparent effort to
eliminate all alternative power bases, the regime has banned
the once powerful Sanusiyya Islamic sect.  In its place, Mr.
Qadhafi established the Islamic Call Society (ICS), which is
the outlet for state-sanctioned religion as well as a tool for
exporting the Libyan revolution abroad.  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 at variance
with the state-approved teaching of Islam are banned.

In 1994 security forces continued to arrest suspected members
and sympathizers of banned Islamic groups and to monitor
activities at mosques.  Some practicing Muslims have shaved
their beards to avoid harassment from security services.  Mr.
Qadhafi has publicly denounced Libyan "mujaheddin" (generally,
conservative Islamists who fought with the Afghan resistance
movement against Soviet forces) as threats to the regime.  Most
political detainees are reportedly associated with banned
Islamic groups.

Members of some minority religions are allowed to conduct
services.  Services in Christian churches are attended by the
foreign community.  A resident Catholic bishop, aided by a
small number of priests, operates two churches.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

With the exception of security areas, the Government usually
does not restrict the internal movement of Libyan citizens.  It
requires exit permits for travel abroad.  Following the failed
October 1993 coup plot, the Government imposed additional exit
requirements, including authorization from certain ministries
and limits on access to hard currency.  Women must have their
husbands' permission for travel abroad.  Authorities routinely
seize the passports of Americans, as well as those of some
other nationals, married to Libyan citizens upon entry into
Libya.

In 1991 Libya and Egypt agreed to allow the unrestricted travel
of their nationals across their mutual border, and thousands of
Libyans reportedly go back and forth regularly.  This travel,
as well as travel from Libya to Tunisia, continued at a high
level in 1994, partly as a result of the international embargo
on airline service to Libya.  In response to antiregime
activity, the Government tightened border controls temporarily
in late 1993 and again in mid-1994.  The Government increased
restrictions on travel across the Tunisia-Libya border in late
1994, possibly in reaction to improving Tunisian relations with
Israel.  In late 1993, the Egyptian media reported that Mr.
Qadhafi turned over three expatriate Egyptian Islamists to the
Egyptian security services.

The Revolutionary Committees maintain surveillance of some
citizens when they are abroad.  The right of return is more
nearly an obligation; the regime often calls 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 are interrogated upon their return.  Some citizens,
including exiled opposition figures, refuse to return.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The people of Libya do not have the right to change their
government.  Major government decisions are controlled by Mr.
Qadhafi, his close associates, and committees acting in his
name.  Mr. Qadhafi appoints military officers and official
functionaries down to junior levels.  Corruption and
favoritism, partially based on tribal origin, are major
problems, adversely affecting government efficiency.

The Government prohibits political parties and tribal or local
groupings.  Participation in elections is mandatory, and all
candidates are approved by the Revolutionary Committees.
Candidates may not be merchants, contractors, tribal advocates,
officials of the pre-1969 government, or persons who have been
"attacked" by the revolution.

In theory, political participation is guaranteed by the
grassroots People's Committees, which send representatives
annually to the national General People's Congress (GPC).  In
practice, the GPC is a rubber stamp which approves all
recommendations made by Mr. Qadhafi.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The regime prohibits the establishment of independent human
rights organizations.  The Government created the Libyan Arab
Human Rights Committee in May 1989.  However, there are no
reports of any activities by the Committee.

The regime does not respond substantively to appeals from
Amnesty International (AI) on behalf of detainees.  In 1994 the
regime described AI as a tool of Western interests and
dismissed its work as neocolonialist.  AI representatives last
visited Libya in 1988.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Both law and traditional Islamic attitudes restrict women's
rights.  However, Mr. Qadhafi has led efforts to improve the
status of women and expand their access to educational and
employment opportunities.  Women may serve in the military.

No information is available on the extent to which violence
against women is a problem in Libya.

     Children

The Government has subsidized education and medical care,
improving the welfare of children in the past 25 years.
However, declining revenues and general economic mismanagement
have led to cutbacks, particularly in medical services.  Some
tribes located in remote areas still practice female genital
mutilation, which is usually performed on young girls.

     National/Racial/Ethnic Minorities

Arabic-speaking Muslims of mixed Arab and Berber ancestry make
up 97 percent of the population.  The principal non-Arab
minorities are Berbers and blacks.  There are frequent
allegations of discrimination based on tribal status,
particularly against Berbers in the interior and Tuaregs in the
south.  In the past, Mr. Qadhafi sought unsuccessfully to
ensure that Berbers married only non-Berbers, presumably in an
effort to erode their tribal identity.

See Section 6.e. on the expulsion since 1990 of thousands of
foreign workers, principally black Africans, under
circumstances that have appeared discriminatory.

     People with Disabilities

No information is available on the Government's efforts to
assist people with disabilities.

Section 6  Worker Rights

     a.  The Right of Association

Workers do not have the right to establish or join unions of
their own choosing.  Workers may join the sole official trade
union organization, the National Trade Unions' Federation,
which was created in 1972.  The Federation is administered by
the People's Committee system.  The Government prohibits
foreign workers from joining unions.

The law does not guarantee the right to strike.  There have
been no reports of strikes by Libyan workers in years.  In a
June 1992 speech, Mr. Qadhafi affirmed that workers have the
right to strike but added that strikes do not occur because the
workers control their enterprises.

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.  It exploits
international trade union contacts to engage in propaganda
efforts on behalf of the regime.  The Arab Maghreb Trade Union
Federation suspended the membership of Libya's trade union
organization in 1993.  The suspension followed reports that Mr.
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 the labor law requires that the Government must approve
all agreements.

     c.  Prohibition of Forced or Compulsory Labor

In a 1992 report, the International Labor Organization's (ILO)
Committee of Experts stated that "persons expressing certain
political views or views ideologically opposed to the
established political, social, or economic system may be
punished with penalties of imprisonment...involving...an
obligation to perform labor."  That statement accurately
describes the situation in 1994.  The same report 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."  The Government has informed
the ILO that legislation has abolished these provisions, but it
has not submitted any corroborating evidence to the ILO.

     d.  Minimum Age for Employment of Children

The minimum age for employment of children is 18.  Education is
compulsory to age 15.

     e.  Acceptable Conditions of Work

The work force is about l,120,000 workers, with an additional
1.2 million foreign workers, in a population of 4.4 million.
There is a legally mandated minimum wage, which appears
inadequate to afford a worker and family a decent standard of
living.  Wages, particularly in the public sector, are
frequently months in arrears.  The International Monetary Fund
noted that a wage freeze imposed in 1981 remains in effect and
has seriously eroded real income.

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.  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.

The labor law does not accord equality of treatment to foreign
workers.  Foreign workers may reside in Libya only for the
duration of their work contracts.  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 the spring of 1990, the Government expelled thousands of
black African workers, claiming they were in Libya illegally.
Chadians, Nigerians, Nigeriens, Malians, and Ghanaians were
detained for varying lengths of time and returned destitute to
their countries.  Press reports in several of these countries
have carried unsubstantiated accounts of the mistreatment of
these workers by Libyan authorities prior to their expulsion.
At least 16 black African workers reportedly disappeared, and 1
Malian was reportedly killed.  In late 1993, Mr. Qadhafi called
for the expulsion of most of the 25,000 Thai workers in Libya,
in apparent retaliation for the Thai Government's decision to
remove approximately 200 Thai workers from the Tarhunah
chemical weapons project.  However, the regime took no action
against the Thai workers in 1994.

In September Mr. Qadhafi called for the expulsion of
Palestinian workers, maintaining that establishment of a
Palestinian authority in Gaza and Jericho eliminated Libya's
obligation to care for the "homeless."  In 1994 the regime did
not renew the contracts of some Palestinian workers whose work
contacts had expired.