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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Libya - 9th Session - 2010
9th November, 9am - 12pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
44. The Libyan Arab Jamahiriya is a party to all of the fundamental international instruments relating to human rights, namely the: Convention on the Rights of the Child (15 April 1993)
46. The education system in the Libyan Arab Jamahiriya has successfully moved towards realizing the goal of universal basic education for school-age males and females, provided on a basis of equality and free of charge for all segments of society. Efforts to achieve similar success towards enhancing the character and quality of the education system are continuing.
47. Article 14 of the Libyan Constitutional Declaration of 11 December 1969 provides that: “Education is a right and duty for all Libyans. It is compulsory up to the end of the preparatory level, which is guaranteed by the State through the establishment of schools, academies, universities and cultural and educational institutions. The circumstances under which private schools may be established shall be regulated by law.”
48. The Compulsory Education Act No. 90 of 1975 provides that primary and preparatory education are compulsory for all male and female children, starting at 6 years of age. This right is strengthened by the Great Green Document on Human Rights, which provides that: “Education and knowledge are the natural right of every human being, all of whom, whether male or female, have the right to choose the education that suits them and the knowledge that satisfies them, without direction or compulsion.” Article 23 of the Promotion of Freedom Act No. 20 of 1991 affirms the right of any citizen to choose the education and knowledge that suits him and prohibits the monopoly or falsification of knowledge on any ground. Article 9 of the Child Protection Act No. 5 of 1997 provides that basic education is a right guaranteed by society to its normally-abled children and to those with special needs who have the necessary capability. It is compulsory and may not be denied to any child. Any person who causes a child to be denied this right is liable to the penalties prescribed for the ill-treatment of a minor.
55. The sector has devoted particular attention to school and university activities; it has elaborated plans and programmes, allocated the finance needed for their implementation and provided the essentials for school pursuits, in particular sports and cultural activities, participation in competitions, children’s drawing, anti-AIDS workshops and voluntary work programmes.
57. Illiteracy has been all but eradicated among youngsters and the functional literacy rate has increased among those in the 15–25 age group.
62. With regard to child health, article 4 of the Child Protection Act No. 5 provides that: “Health facilities of all levels shall be responsible for providing children with the necessary vaccinations and inoculations, free of charge.”
67. The Libyan legislature has devoted special attention to all groups under the social care umbrella, covering such matters as the rights of women, children and persons with special needs, and social security . The number of contributors stands at 1 million and pension holders at approximately 347,000. Act No. 20, as amended by Act No. 10 of 1999, provides for the care of all categories of persons with special needs and the payment of basic pensions to widows, orphans, divorcees, invalids and children with special needs, coverage for whom was added in 2007 by General People’s Committee Decision No. 559. It also regulates the management of social institutions and special-needs centres and schools.
70. The Libyan Arab Jamahiriya has devoted great attention to children by putting in place legislation and laws governing their right to care and nurturing. It has also ratified numerous Arab and international conventions on children and translated them into all manner of health, social and educational plans and projects for children’s advancement. This legislation includes the Child Protection Act No. 5 of 1997, which guarantees comprehensive care for children and operationalizes the role of sectors in delivering the required services. The Higher Committee for Child Welfare was established and constituted by General People’s Committee Decision No. 100 of 1998 and reconstituted pursuant to General People’s Committee Decision No. 142 of 2006. The Committee is in charge of preparing legislative and executive plans and programmes designed to ensure the welfare of children, safeguard their rights and fulfil their needs. In order to encourage early child learning, 318 nurseries catering to 2,224 children of both sexes have been established, along with kindergartens in every town and village. Five childcare centres catering to 526 children have also been established, and 2 children’s theatres, each with a seating capacity of 200, have recently opened in the interest of educating children in social and scientific matters.
97. The interaction of the Libyan Arab Jamahiriya with international human rights mechanisms stems from its undertaking to comply with and seek to implement the international instruments and treaties to which it is a party. This undertaking has given rise to the State’s commitment to submit its reports to treaty bodies and take into consideration the implementation of their recommendations. As part of its compliance with special procedures, the Libyan Arab Jamahiriya will extend an invitation for a country visit to the Special Rapporteur on the right to education and to the Special Rapporteur on the sale of children, child prostitution and child pornography.
7. United Nations Country Team (UNCT) noted that no single Constitution exists. Most of the legislation relating to human rights is based on the First Statement of the Libyan Revolution, Declaration of People’s Authority, Reinforcement of Freedom Law, Great Green Act of Human Rights, Law on Disabled People, Labour Law and Administrative Regulations on Violence against Children and Women. 21 It also indicated that most of the legislation on children’s rights were welfare-oriented rather than based on a rights approach.
10. CRC recommended that the State enact legislation ensuring that the minimum age of criminal responsibility is consonant with international standards, and amend the Mobilization Act No. 21 of 1991 to avoid mobilization of persons under 18 years of age.
16. CEDAW remained concerned that Libyan women married to non-Libyan nationals are not granted equal rights with respect to the nationality of their children. It remarked that legal provisions relating to personal status, in particular concerning marriage (including polygamy), child custody, divorce and inheritance, do not provide for equal rights for women and men. CEDAW encouraged the State to accelerate the process of legal amendments to solve these issues. CRC made similar recommendations.
31. CEDAW expressed concern about the lack of statistics provided in the report on violence against women and girls, and that maintenance of Law No. 70 (1973) criminalizing extramarital sexual relations may have a disproportionate impact on women.
32.CEDAW remarked the lack of information regarding the extent of trafficking in women and girls and the absence of a comprehensive law and plan aimed at preventing and eliminating trafficking in women and protecting victims. It recommended that the State take measures to combat all forms of trafficking in women and girls as well as ensure that trafficked women and girls receive adequate support and protection when they testify against their traffickers. It urged the State to analyze the causes and extent of trafficking in women and girls from its perspective as a country of transit. CEDAW was also concerned about the lack of information and absence of a strategy with regard to prostitution. CRC issued similar observations and recommendations regarding trafficking of children.
38. CRC was concerned about the low age of criminal responsibility (7 years), poor conditions in detention, and the Collective Punishment Law. It recommended that the State ensure that its system of juvenile justice includes the provisions of the Convention. It also recommended that deprivation of liberty be used only as a last-resort measure, that persons under 18 years of age not be detained with, or tried as, adults, that the Collective Punishment Law be repealed, and that professionals in the area of social rehabilitation of children be provided with training.
40. CRC was concerned that discrimination against certain children, their parents or legal guardians, persisted in the State party, particularly with respect to birth out of wedlock. It recommended that the State party take effective measures to ensure that all children enjoy all rights without discrimination, that it carry out comprehensive public education campaigns to prevent and combat negative societal attitudes towards birth outside marriage, and include religious leaders in those efforts.
50. CESCR was deeply concerned about reports that HIV/AIDS had increased since 2000, and that an estimated 90 per cent of recent adult infections are the result of injection drug use. CRC noted the relatively high number of children with HIV/AIDS in Benghazi. CRC was also concerned at the insufficient information available on adolescent health issues, particularly in relation to mental health issues. It recommended that the State strengthen its activities to prevent HIV/AIDS, ensure that adolescents have access to and are provided with education on adolescent health issues, take appropriate measures to reduce substance dependency among young people, and seek assistance from, among others, UNICEF and WHO.
52. UNCT noted that enrolment in primary education in 2007 was about 98 per cent (48.4 per cent girls and 51.6 percent boys). However, the quality and efficiency of education, as well as disparities among geographic regions, are a concern despite high investment in education. It also mentioned that children born of a Libyan mother and a foreign father could not have access to free education .
53. CERD took note of the reportedly insufficient human rights education programmes in school curricula, in particular regarding the promotion of tolerance and respect for religious and ethnic minorities. It encouraged the State to strengthen its efforts in this area. CESCR and CRC issued similar preoccupations and recommendations.
60. In 2008, the Special Rapporteur on the human rights of migrants sent an urgent appeal to the Government regarding the decision of Libyan authorities to immediately deport all migrants suspected of having entered the country in an irregular manner. According to the reports, the decision could lead to a collective and arbitrary expulsion of migrants, including asylum seekers and refugees, who, if forcibly returned to their countries of origin, could face torture and other serious human rights violations. These measures could affect the rights of thousands of people including women and children who would not be granted their right to access judicial procedures in order to challenge removal.
61. CEDAW was concerned at reports regarding the alleged ill-treatment of undocumented migrants, including women and children. It recommended that the State implement the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
10. HRW 14 stated that the Libyan Arab Jamahiriya continued to arbitrarily detain women and girls in "social rehabilitation" facilities for suspected transgressions of moral codes, locking them up indefinitely without judicial review. Portrayed as "protective" homes for wayward women and girls or those whose families rejected them, these facilities are de facto prisons. Many women and girls detained in these facilities had committed no crime, or had already served a sentence. Some are there for no other reason than that they were raped, and are now ostracized for staining their family's "honour". HRW added that the Libyan Arab Jamahiriya's zina laws, which criminalized adultery and intercourse outside marriage, could lead to the detention of women and girls in social rehabilitation facilities. These laws codified in the penal code, discouraged rape victims from seeking justice by presenting them with the risk of facing prosecution themselves. During a visit to the Libyan Arab Jamahiriya in 2005, HRW found widespread denial among Libyan officials that violence against women exists in the Libyan Arab Jamahiriya, and a lack of adequate laws and services that leaves women who are victims of violence without effective remedies and means of filing complaints.
Accepted and Rejected Recommendations
The following recommendations were accepted:
A - 93.9. Continue its efforts in promoting human rights education and national human rights protection mechanisms (Egypt);
A - 93.12. Take appropriate measures to ensure that all children enjoy all human rights, without discrimination (Islamic Republic of Iran);
A - 93.13. Consider giving more role to the private sector in developing the national education and health-care systems (Islamic Republic of Iran);
A - 93.15. Continue to improve policies and programmes to advance the status of women and girls, and to protect children (Myanmar);
A - 93.17. Consider inviting the Special Rapporteur on the right to education and the Special Rapporteur on the sale of children, child prostitution and child pornography, within a framework of mutual cooperation, as a constructive step towards the consolidation of greater protection for this vulnerable group (Bolivarian Republic of Venezuela);
A - 93.31. Speed up the adoption of the draft law on exempting disabled children from transportation costs within and outside cities (Yemen);
A - 93.36. Take comprehensive measures to eliminate violence against women and children, in particular by adopting a national strategy to combat violence against women, as recommended by the Committee on the Elimination of Discrimination against Women (Thailand);
A - 93.48. Take additional steps to reduce infant mortality (Belarus);
A - 93.49. Continue to make progress in education and health care, with a particular focus on women and girls, in order to achieve quality education and a quality health-care system (Myanmar);
A - 93.53. Pursue ongoing action in favour of training for qualified teaching staff, and provide education opportunities for all segments and social groups in various regions (Algeria);
A - 93.54. Improve education materials used in schools for people with special needs in order to ensure their full integration into society, economically and socially (Syrian Arab Republic);
A - 93.55. Continue its efforts to further strengthen the education sector (Democratic People's Republic of Korea);
A - 93.56. Enhance and improve education, in particular by continuing to work towards the improvement of education through information technology (Bahrain);
A - 93.57. Continue its efforts in improving the right to education, especially education for people with special needs (Saudi Arabia);
A - 93.59. Continue strengthening its successful education policy, in conditions that ensure access to education with full equality (Bolivarian Republic of Venezuela);
The following recommendations remain pending:
P - 95.8. In line with the recommendations of the Committee on the Elimination of Discrimination against Women, adopt a national plan to eliminate stereotypes regarding the role of women in society, and speed up the reform process to guarantee equality between men and women, including with regard to the transfer of nationality, the custody of children, divorce and inheritance (Mexico);
The following recommendations were rejected:
R - 96.7. Ensure equality, under the law and in practice, of women, and amend all discriminatory legal provisions concerning marriage (including polygamy), male guardianship, child custody, divorce and inheritance, as recommended by the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child (Israel);