Human rights in Libya is the record of human rights upheld and violated in various stages of Libya's history. The Kingdom of Libya, from 1951 to 1969, was heavily influenced by the British and Y.R.K companies. Under the King, Libya had a constitution. The kingdom, however, was marked by a feudal regime. Due to the previous colonial regime, Libya had a low literacy rate of 10%, a low life expectancy of 57 years, with many people living in shanties and tents. Illiteracy and homelessness were chronic problems during this era, when iron shacks dotted many urban centres in the country.
From 1969 to 2011, the history of Libya was marked by the Libyan Arab Jamahiriya (where jamahiriya means "state of the masses"), a "direct democracy" political system established by Muammar Gaddafi, who nominally stepped down from power in 1977, but remained an unofficial "Brother Leader" until 2011. The country's literacy rate rose to 90%, and welfare systems were introduced that allowed access to free education and free healthcare. In 2008, the General People's Congress had declared the Great Green Charter of Human Rights of the Jamahiriyan Era.The Great Green Charter of Human Rights of the Jamahiriyan Era The Great Manmade River was also built to allow free access to fresh water across large parts of the country. As a result, Libya's Human Development Index in 2010 was the highest in Africa and greater than that of Saudi Arabia.
Throughout Gaddafi's rule, international non-governmental organizations routinely characterized Libya's human rights situation as poor, citing systematic abuses such as political repression, restrictions on political freedoms and civil liberties, and arbitrary imprisonment; the American government funded Freedom House's annual Freedom in the World report, consistently giving it a ranking of "Not Free" and gave Libya their lowest possible rating of "7" in their evaluations of civil liberties and political freedoms from 1989 to 2010. Gaddafi also publicly bragged about sending hit squads to assassinate exiled dissidents, and Libyan state media openly announced bounties on the heads of political opponents. Civilians were routinely executed publicly by hanging for simply speaking out against the regime. From 1977 to 1984, an annual festival created by Gaddafi would publicly hang civilians every year on April 7th, the anniversary of the 1976 student protests.
The Gaddafi regime was also accused of the 1996 Abu Salim prison massacre. In 2010, Amnesty International published a critical report on Libya, raising concerns about cases of enforced disappearances and other human rights violations that remained unresolved, and that Internal Security Agency members implicated in those violations continued to operate with impunity. In January 2011, the United Nations Human Rights Council published a report analysing the Libyan Arab Jamahiriya's human rights record with input from member nations, most of which (including many European and most Asian, African and South American nations) generally praised the country's progressive efforts in human rights, though some (particularly Australia, France, Israel, Switzerland, and the United States) raised concerns about human rights abuses concerning cases of disappearance and torture, and restrictions on free press and free association; Libya agreed to investigate cases involving disappearance and torture, and to repeal any laws criminalizing political expression or restricting a free independent press, and affirmed that it had an independent judiciary.
Libya under Gaddafi
Revolutionary Committees In the early 1970s, Gaddafi created the Revolutionary Committees as conduits for raising political consciousness, with the aim of direct political participation by all Libyans. In 1979, however, some of these committees had eventually evolved into self-appointed, sometimes zealous, enforcers of revolutionary orthodoxy. During the early 1980s, these committees had considerable power and became a growing source of tension within the Jamahiriya, to the extent that Gaddafi sometimes criticized their effectiveness and excessive repression, until the power of the Revolutionary Committees was eventually restricted in the late 1980s.
The Revolutionary Committees had been resembling similar systems in totalitarian countries; reportedly, 10 to 20 percent of Libyans worked in surveillance for these committees, a proportion of informants on par with Ba'athist Iraq under Saddam Hussein or Juche Korea under Kim Jong Il, with surveillance taking place in government, in factories, and in the education sector. They also posted bounties for the killing of Libyan critics charged with treason abroad. Opposition activists were occasionally executed publicly and the executions were rebroadcast on public television channels.
In 1988, Gaddafi criticized the excessive measures taken by the Revolutionary Councils, stating that "they deviated, harmed, tortured" and that "the true revolutionary does not practise repression." That same year, the Libyan Arab Jamahiriya issued the Great Green Document on Human Rights, in which Article 5 established laws that allowed greater freedom of expression. Article 8 of The Code on the Promotion of Freedom stated that "each citizen has the right to express his opinions and ideas openly in People’s Congresses and in all mass media." A number of restrictions were also placed on the power of the Revolutionary Committees, leading to a resurgence in the Libyan state's popularity by the early 1990s. In 2004, however, Libya posted a $1 million bounty for journalist Ashur Shamis, under the allegation that he was linked to Al-Qaeda and terror suspect Abu Qatada.
Foreign languages and migrant workers Until 1998, foreign languages were not part of the school curriculum. One protester in 2011 described the situation as: "None of us can speak English or French. He kept us ignorant and blindfolded". The US State Department claimed that ethnic, Islamic fundamentalist and tribal minorities suffer discrimination, and that the state continues to restrict the labour rights of foreign workers. In 1998, CERD expressed concern about alleged "acts of discrimination against migrant workers on the basis of their national or ethnic origin", which the United Nations Human Rights Council also expressed concern about in 2010. Human Rights Watch in September 2006 documented how migrant workers and other foreigners were subjected to human rights abuses, which have increased drastically against black Africans under the National Transitional Council following the Libyan Civil War.
Criticism of allegations The Libyan Arab Jamahiriya rejected the allegations against the country. They pointed to how their country is founded on direct people's democracy that guaranteed direct exercise of authority by all citizens through the people's congresses. Citizens were able to express opinions of the congresses on issues related to political, economic, social, and cultural issues. In addition, there were information platforms such as newspapers and TV channels for people to express their opinions through. Libyan authorities also argued that no one in the Libyan Arab Jamahiriya suffered from extreme poverty and hunger, and that the government guaranteed a minimum of food and essential needs to people with low incomes. In 2006, an initiative was adopted for providing people with low incomes investment portfolios amounting to $30,000 to be deposited with banks and companies."National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1, Great Socialist People’s Libyan Arab Jamahiriya" (HRC/WG.6/9/LBY/1), United Nations Human Rights Council, 24 August 2010. Retrieved 10 October 2013.
HIV trial
The HIV trial in Libya (or Bulgarian nurses affair) concerns the trials, appeals and eventual release of six foreign medical workers charged with conspiring to deliberately infect over 400 children with HIV-tainted blood in 1998, causing an epidemic at El-Fatih Children's Hospital in Benghazi. On 6 May 2004, a Libyan court sentenced the workers to death. They were eventually remanded to Bulgarian custody in 2007, and subsequently pardoned. The Libyan government filed complaints about the matter with the Arab League before the government's overthrow in 2011.
Abu Salim Prison massacre
In 2006, Amnesty International called for an independent inquiry into unconfirmed deaths that occurred in Abu Salim maximum security prison during the 1996 riot. In 2009, Human Rights Watch believes that 1,270 prisoners were killed. However, Human Rights Watch states that they were unable to independently verify the allegations. The claims cited by Human Rights Watch are based on the testimony of a single former inmate, Hussein Al Shafa’i, who stated that he did not witness a prisoner being killed: "I could not see the dead prisoners who were shot...""Libya: June 1996 Killings at Abu Salim Prison" , Human Rights Watch, 27 June 2006. Retrieved 10 October 2013.
The figure of 1200 killed was arrived at by Al Shafa’i allegedly calculating the number of meals he prepared when he was working in the prison's kitchen. At the same time, Al Shafa'i stated "I was asked by the prison guards to wash the watches that were taken from the bodies of the dead prisoners..." Al Shafa’i lives in the United States, where he applied for asylum, Hussein al-Shafa'i said he entered Abu Salim from 1988 to 2000 on political charges.
The Libyan Government rejected the allegations about Abu Salim. In May 2005, the Internal Security Agency head of the Great Socialist People's Libyan Arab Jamahiriya told Human Rights Watch that the prisoners captured some guards and stole weapons from the prison cache. The prisoners and guards died as security personnel tried to restore order, and the government opened an investigation on the order of the Minister of Justice. The Libyan official stated that more than 400 prisoners escaped Abu Salim in four separate break-outs prior to and after the incident: in July 1995, December 1995, June 1996 and July 2001. Among the escapees were men who then fought with Islamist militant groups in Afghanistan, Iran, and Iraq.
In 2009, the Libyan government stated that the killings took place amid confrontation between the government and rebels from the Libyan Islamic Fighting Group, and that some 200 guards were killed as well. In August 2009, several were granted amnesty by the government. Those released included 45 members of the Libyan Islamic Fighting Group (LIFG), most of whom had been in prison since the mid-1990s after being sentenced in unfair trials for an attempt to overthrow then-jamahiriya leader Muammar Gaddafi. The releases came after the group renounced violence in August 2009. Authorities at Abu Salim prison also released 43 "members of other jihadist groups," a press release said.
In January 2011, the Libyan Arab Jamahiriya confirmed that it was carrying out an investigation into the incident along with international investigators.
The Libyan insurgents claimed that 1270 people were buried at a supposed mass grave they discovered. However, investigators from CNN and other organizations found only what appeared to be animal bones at the site.
Torture In January 2011, the Libyan Arab Jamahiriya stated that the practice of torture and ill treatment was forbidden in article 434 of the Penal Code, which stated that public officials who had ordered the torture of a person or had committed an act of torture were sentenced to 3 to 10 years' imprisonment. Gaddafi openly condemned the use of torture, as a criticism against several Revolutionary Committees that had condoned the use of torture.