Country Report on Human Rights Practices for 1987
LIBYA
*Since the U.S. has no official observers present in Libya and
since Libya's media is totally controlled, this report draws
heavily on unofficial Sources.
The Socialist People's Libyan Arab Jamahiriya describes its
form of government as a "popular democracy." In theory
political power is vested in "the masses" with the guidance of
the People's Congress and its executive arms, the People's
Committees; in practice the country is dominated by an erratic
military dictator. Colonel Mu'ammar Al-Qadhafi. He is aided
by extragovernmental "Revolutionary Committees" which operate
at his behest.
The governing principles of the society are expressed in
Qadhafi's "Green Book" rather than in the Constitution.
Qadhafi has created a political system borrowing from
pan-Islamic and pan-Arab sources and purporting to establish a
"third way" superior to both capitalism and communism. His
philosophy on human rights is summed up in his statement that
"it is an honor to jail or liquidate the enemies of the
authorities." He has instigated the assassination of his
enemies abroad, and he controls enemies at home in a variety
of summary and judicial proceedings which are employed
wherever popular resistance exists. Ethnic minorities such as
the Berber population are tightly controlled.
Libya's security apparatus operates at multiple levels,
involving not only Qadhafi's personal bodyguards and the
official police/interior establishment, but also the
Revolutionary Committees and People's Committees which act
independently of other authorities, sometimes encouraged
directly by Qadhafi. The result is a complex of multi layered,
tight surveillance and control of individual activities.
Conservative religious and social attitudes further restrict
freedoms and rights for such groups as women and professionals.
Qadhafi has sought to provide greater equality for women in
education and employment but has faced serious resistance from
his conservative countrymen.
Libya has used its oil income to finance internal development
(new schools, hospitals, roads), but much has been wasted and
the recent decline in oil revenues has forced retrenchment.
Significant parts of Libya's development plans have been
dropped, foreign exchange controls have been tightened, and
imports have been restricted. Qadhafi has exhorted the
population to return to the days of self-sufficiency. The
current economic difficulties have been exacerbated by the
regime's expenditures for large quantities of weapons and on
foreign military adventures, including Libyan aggression in
Chad.
Legal freedoms and rights are generally lacking in Libya,
except for minimal guarantees for minorities and women. There
is no right to peaceful association or assembly, no freedom of
speech, no right to express opposition to the Government in
any form, to form trade unions, or to strike. There are no
legal or judicial rights such as the right to be considered
innocent until proven guilty, to a public or speedy trial, to
be secure in one's home or person, or even to hold property.
Libya's human rights record remained poor in 1987. In
February the regime re-vived the practice of public executions
of political opponents. The campaign of "physical liquidation"
of Libyan political opponents abroad also continued during
1987, resulting in assassinations or assassination attempts in
Athens, Rome, and Vienna. There were continued reports of
torture and abuse, disappearances, and executions. Amnesty
International (AI) expressed concern -ibout 77 "prisoners of
conscience" and 144 political prisoners but believed the
actual number of such prisoners to be much higher.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
It is not known how many political killings were carried out
in 1987. In February the public hanging of six civilians and
execution by firing squad of three military personnel were
televised. The victims' crimes included the establishment of
underground fundamentalist organizations. There have also
been reports of executions of persons accused of plotting
against the regime and of military personnel blamed for
defeats in Chad.
In 1980 the Government instituted a policy of assassinations
of Libyan exiles and announced the formation of "suicide
squads" to hunt down and kill Libyan dissidents abroad. In
1985 Qadhafi stated that the death pienalty was still
appropriate for persons who refused to return and "repent"; he
reiterated his call that "stray dogs" be searched out and
"liquidated." Between March 1980 and June 1987, AI recorded
at least 37 attacks on Libyan opponents or presumed opponents
living abroad, resulting in 25 deaths. During 1987 this
campaign resulted in the assassination of a member of the
Libyan National Organization in Athens in January, the second
assassination attempt against the former Libyan ambassador to
Austria in Vienna in May, and the assassination of an executive
member of the National Front for the Salvation of Libya in Rome
in June. During 1987 both France and Switzerland expelled
Libyans, including government officials, suspected of plotting
attacks against opponents of the Libyan regime.
b. Disappearance
It is not known how many persons disappeared in 1987.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment
Detainees in criminal and security cases reportedly are
regularly beaten during interrogation. In some prisons,
conditions reportedly are tolerable but conditions of
detention for political prisoners are often poor, including
confiscation of reading and writing materials.
While Shari'a (Islamic) law is practiced in Libya, physical
mutilation is not used as a form of punishment.
AI has expressed concern about the large number of offenses,
including political offenses, which are punishable by death
under Libyan law. For example. Law Number 71 of 1972 provides
for the death penalty for anyone involved with any group
activity based on any ideology opposed to the principles of
the revolution.
In its 1987 Report, AI noted that it had received reports of
torture in Libya, confirming that torture methods such as
"falaqa" (beating on the soles of the feet) and "farruj" (in
which the prisoner is hung upside down from a perch inserted
between the knees, with wrists and ankles bound and is beaten
intermittently) have been used in recent years. It also noted
that in October 1986 Libya paid $500,000 compensation to the
Norwegian Government for the torture and ill-treatment of
Norwegian merchant seamen and the death under torture of one
of them in May 1984. It said, however, that the investigation
into the death of another sailor, promised by Libya in 1985,
was reported not to have taken place.
d. Arbitrary Arrest, Detention, Exile or Forced Labor
Elements of the Revolutionary Committees and the People's
Committees continue to carry out arrest and detention of
suspected opponents of the Government with the encouragement
of Qadhafi. Under Libyan law, detainees may be held
incommunicado for unlimited periods. Many political prisoners
are held in unofficial detention centers controlled by members
of the Revolutionary Committees, where prolonged periods of
incommunicado detention are common. Many allegedly are held
without charge or trial, apparently as an example to other
would-be opponents of the regime. In security cases in
particular, there are many reports of prisoners being held
without trial for several years. While undergoing
interrogation, sometimes for periods of several months, they
are given no access to legal representation.
Libya declared several years ago that there were then "no
political detainees on any charge in its prisons." Reports
from a variety of sources, however, assert that the prisons
contain increased numbers of persons convicted of, or held
for, political offenses, including large numbers of persons
arrested in 1984. Qadhafi has justified imprisonment on
political charges. Although he has claimed to be opposed to
arrests in secrecy, there is no evidence that his exhortation
has resulted in any improvement in practice. During 1986
Libyan authorities did not respond to any of AI '
s
communications about 75 "prisoners of conscience." In its
1987 Report, covering 1986, AI noted that it had received
reports that political prisoners in Libya were often held
without trial or after having been acquitted or having served
their sentences.
Foreigners are not immune from arbitary arrest. In February
five foreigners who entered Libya on a disabled yacht were
held incommunicado for several months before four of them were
allowed to leave. The fifth was reportedly released seven
months later.
Exile is not a form of punishment practiced in Libya; to the
contrary, Qadhafi seeks to pressure Libyans working or
studying abroad to return to Libya. Libya does, however,
engage in the arbitrary expulsion of noncitizens. In general,
forced labor is not practiced, but paid labor is mobilized for
major projects under conditions similar to conscription.
During 1987 there were credible reports of widespread forced
conscription of troops—from among Libyans as well as
non-Libyan resident workers--for service in southern Libya and
northern Chad related to Libyan aggression against that
country.
e. Denial of Fair Public Trial
Civilians may be tried in the regular courts, in less formal
"people's courts," or by military or revolutionary courts,
depending on the arbitrary decision of the security forces.
Security forces have the power to consider persons guilty
without trial, particularly "traitors to the people." Trials
are also held in private or in the absence of the accused.
The traditional courts have also been bypassed to a significant
extent by people's courts and revolutionary courts which
sometimes conduct "show trials" on television, followed by
public executions. These various trial systems provide few
safeguards. Freedom House notes, however, that some
acquittals have occurred in political cases.
A 1981 law prohibits the private practice of law and makes all
attorneys employees of the Secretariat of Justice. The Union
of Arab Lawyers, located in France, has expressed concern for
the ability and freedom of attorneys simultaneously to provide
legal defense for political prisoners and to serve as
government employees. Libya claims that it "guarantees
prisoners all necessary means of defense and safeguards of
justice adequate to the principles contained in the
Declaration of Human Rights" and provides for legal assistance
"as soon as possible with respect to the exigencies of
interrogation," but there are numerous reports that these
rights are frequently denied.
Alleged political offenses are often tried before ad hoc
"revolutionary courts" rather than under the normal judicial
procedure, with the opportunities for defense severely
restricted. Moreover, a number of these trials have been held
in secret. There is no precise estimate of the number of
political prisoners in Libya. AI states that it is concerned
about the continued imprisonment of 77 "prisoners of
conscience" in Libya as well as 144 political prisoners, many
of whom may be prisoners of conscience.
f. Arbitrary Interference with Privacy, Family, Home or Correspondence
The Government does not recognize the right to privacy. The
legal requirement that judicial warrants must be obtained
before entering a private home is reportedly often disregarded.
Local and international phone calls are routinely monitored.
The informer network is very extensive, encouraged by both
security agencies and Revolutionary Committees. Individual
privacy is disregarded. Libyan exiles claim that mere family
ties to suspected regime opponents can result in harassment or
even persecution and detention by the authorities. Property
can be seized and burned if it belongs to "enemies of the
people" or those who "cooperate" with foreign powers.
g. Violation of Humanitarian Law in Armed Conflicts
In the course of Libya's armed aggression against Chad,
Chadian authorities accused the Libyans of poisoning wells
and mistreating Chadian prisoners of war. Libya has refused
International Red Cross access to Chadian prisoners of war.
In a public statement November 6, the International Committee
of the Red Cross cited Libya for violating the Third Geneva
Convention concerning treatment of prisoners of war. There
are reports that at least one Libyan commander in the conflict
with Chad was executed by Libyan authorities after the
Chadians overran Libyan positions in northern Chad in March.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Presso
Although some difference of opinion is tolerated in People's
Committee meetings and at the General People's Congress, in
general, freedom of speech is severely limited, particularly
with regard to any criticism of Qadhafi or his regime.
Freedom of speech and other basic civil and political freedoms
are further restricted during periods of internal security
crises. Libyan media are owned and controlled by the State.
There is only one daily newspaper, which has a circulation of
40,000. JANA, the official news agency, is the designated
conduit for politically acceptable opinions. It is impossible
to publish opinions contrary to government policy. Foreign
publications, if not banned outright, are severely censored.
There is an underlying climate of fear and mistrust at all
levels of society which further restricts freedom of speech.
b. Freedom of Peaceful Assembly and Association
Public assembly is repressed unless it is government
controlled and supportive of regime positions. The right of
association is granted only to those institutions affiliated
with the regime. Organizations such as independent trade
unions and professional associations are viewed as threats by
Qadhafi, who has vowed not to "accept intermediaries between
the revolution and its working forces."
Unions are organized under government control and are
administered through the people's committee system. There is
no collective bargaining; there have been no reports of
strikes (except by students) for years, and presumably these
are not permitted. An exiled opposition group in June 1983
appealed to the International Labor Organization to investigate
"the oppressive record of the Qadhafi regime with regard to
its treatment of workers and laborers and employees in Libya,
with particular emphasis on violations of human rights
agreements and conventions governing labor and labor unions."
This group also charged that Libya has forced foreign workers
and employees into military training with the intention of
coercing them into military and subversive activities against
their own countries.
c. Freedom of Religion
Libya is overwhelmingly Muslim. Some minority religions (e.g.
Christians) still are allowed to conduct services, but Islamic
groups differing from the state-sanctioned one are banned. In
1986 the closure of all Koranic schools allegedly was ordered
to reduce the influence of the mosques and to integrate all
children into the public system. In October 1986, the regime
arrested, as a threat to state security, members of an
"enemies of God" or "godless" clique, nine of whom were
publicly executed in February 1987. In an apparent effort to
eliminate any alternative power bases, the regime has banned
the once-powerful Sanusiyya Islamic religious following.
Restrictions were placed on the operation of the organization's
Zawaayaa (lodges), a government supervisor was appointed for
Sanusi properties, anrl the Sanusi-sponsored Islamic University
was merged with the University of Libya.
Services in Christian churches are attended exclusively by the
foreign community. There is a resident Catholic bishop and a
small number of priests. Nuns reportedly are permitted to
wear their habits.
All but five members of the formerly sizable Jewish community
have emigrated. Qadhafi has stated that he is opposed to
Zionism, not Judaism, and that Arab nations should welcome
Arab Jews who wish to return to their countries of origin.
But in a speech in June 1985 he cited the Prophet Muhammed as
stating that Judaism and Islam cannot coexist in the land of
the Arabs and, in September 1985, anti-Jewish broadcasts on
Libyan radio called virulently for anti-Jewish violence in
areas of Tunisia and Morocco within broadcast range.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
With the exception of security areas, internal freedom of
movement is monitored but not usually restricted for Libyan
citizens. An exit permit is required for travel abroad, and
currency controls are imposed to restrict travel. Although
restrictions on travel abroad were eased somewhat in mid-1987,
it remained difficult for Libyans to travel outside Libya.
Those who are permitted to leave Libya are always monitored by
members of the Revolutionary Committees while abroad. Under
Libyan Islamic law, wives may not leave the country without
their husbands' permission; children may not travel without
their fathers" consent. The right of return of Libyan
nationals is fully protected and theoretically extends to
include opponents of Qadhafi, so long as they are prepared to
"repent." However, this "right" often appears to be more of
an obligation or threat, with calls for students, often under
government subsidy, and others working abroad to return on
little or no notice and without regard to the impact on their
studies or work. Libyans studying abroad are interrogated on
their return.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
The people of Libya have no right to change their government.
Major government decisions are controlled by Qadhafi or by
committees acting in his name. He makes appointments of
military officers and official functionaries down to a junior
level. Power flows through a small circle of trusted
associates, whose own authority is a reflection of their
proximity to Qadhafi. Corruption in administration has
assumed major proportions, with adverse effects on government.
Participation in elections is mandatory, and the candidates
are cleared by the Revolutionary Committees from among persons
who are not "merchants, contractors, tribal advocates, election
brokers, officials of the former (pre-1969) government or
people who have been attacked by the power of the revolution."
Political parties and tribal or local groupings are
prohibited, and involvement in such activities remains
punishable by death. Aside from these constraints. Freedom
House has noted that local elections are relatively fair.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There are no human rights organizations in Libya to monitor
the Government's performance, and the Government considers
inquiries from international human rights organizations to be
interference in its domestic affairs.
In its 1987 Report, covering 1986, AI noted that it had
received no reply from Libyan authorities to any of AI 's
communications about 75 "prisoners of conscience," some of
whom were under death sentences or serving life sentences.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
There are frequent allegations of discrimination based on
tribal status, with particular discrimination alleged against
Berbers in the interior and Tuaregs in the south. Qadhafi has
complained about the continued power of tribal and other
antisocial groups. In past years, he sought unsuccessfully to
assure that Berbers married only non-Berbers, presumably to
diminish their tribal identity.
The conservative cultural attitudes of Libya's Islamic society
serve to restrict rights of certain groups, most notably
women. Within the confines of Islamic beliefs, Qadhafi has
taken a leadership role in efforts to change the status of
women and expand their access to educational and employment
opportunities. Women currently receive basic military
training and are subject to a draft. The husband's permission
is necessary for women or children to travel abroad, and
female circumcision is still reportedly practiced in remote
areas of the south.
There is also discrimination on the basis of religion. The
regime is opposed, however, to Islamic fundamentalism.
CONDITIONS OF LABOR
Libya maintains a work force of around 1 million workers in a
population of 3.7 million. Some 300,000 of these are foreign
workers whose permission to stay in Libya extends only for the
duration of the contracts under which they are employed.
Foreign workers do much of the blue-collar and technical work
in Libya. Foreign workers are subject to arbitrary pressures
such as changes in work rules and contracts with little option
but to accept or to depart the country, often without full
compensation for work already performed. Nevertheless, with
the Government dependent in many cases on the skills of
expatriates, most foreign laborers are paid substantially more
than they would receive in 'heir home countries. The
Government places significant restrictions on the amount of
earnings that may be repatriated.
No information is available on Libyan regulations governing
minimum wages, health and safety, and child labor. In
general, there is no evidence that child labor is a problem in
Libya
