Libya is a parliamentary democracy with a temporary Constitutional Declaration, which allows for the exercise of a full range of political, civil, and judicial rights. Citizens elected the Tobruk-based House of Representatives (HoR) in free and fair elections in June 2014. The Libyan Political Agreement, which members of the UN-facilitated Libyan political dialogue signed in December 2015 and the HoR approved in January, created the internationally recognized Government of National Accord (GNA) Presidency Council (PC), headed by Prime Minister Fayez Sarraj. The GNA PC took its seat in Tripoli on March 30. A minority bloc of HoR members prevented a vote on the PC’s proposed GNA Cabinet in February, and a quorum of members voted against the proposed cabinet in August, limiting the government’s effectiveness. The proposed ministers, however, led their ministries in an acting capacity. The elected Constitutional Drafting Assembly’s work has stalled due to infighting and boycotts by some members.
The government did not maintain civilian control over the “Libyan National Army” (LNA) despite efforts to persuade LNA Commander Khalifa Haftar to integrate into civilian-led governmental security forces. Some Libyan forces outside Haftar’s command aligned with the government and joined a successful campaign against Da’esh in and around the city of Sirte. During the year the LNA, backed by the HoR, continued its military campaign against violent extremist organizations in the east, occupying cities and replacing elected municipal leaders with military appointees. Other extralegal armed groups continued to fill security vacuums in other places across the country. Neither the GNA nor the HoR had control over these groups. Da’esh maintained presence in the areas around Benghazi and Derna. Sirte was Da’esh’s stronghold for most of the year, but a government-aligned Libyan military operation that started in May regained the city in December.
The most serious human rights problems during the year resulted from the absence of effective governance, justice, and security institutions, and abuses and violations committed by armed groups affiliated with the government, its opponents, terrorists, and criminal groups. Consequences of the failure of the rule of law included arbitrary and unlawful killings and impunity for these crimes; civilian casualties in armed conflicts; killings of politicians and human rights defenders; torture and other cruel, inhuman, or degrading treatment or punishment; and harsh and life-threatening conditions in detention and prison facilities.
Other human rights abuses included arbitrary arrest and detention; lengthy pretrial detention; denial of fair public trial; an ineffective judicial system staffed by officials subject to intimidation; arbitrary interference with privacy and home; use of excessive force and other abuses in internal conflicts; limits on the freedoms of speech and press, including violence against and harassment of journalists; restrictions on freedom of religion; abuses of internally displaced persons, refugees, and migrants; corruption and lack of transparency in government; violence and social discrimination against women and ethnic and racial minorities, including foreign workers; trafficking in persons, including forced labor; legal and social discrimination based on sexual orientation; and violations of labor rights.
Impunity was a severe and pervasive problem. The government had limited reach and resources, and did not take steps to investigate, prosecute, and punish those who committed abuses and violations. Intimidation by armed actors resulted in paralysis of the judicial system, impeding the investigation and prosecution of those believed to have committed human rights abuses, including against public figures and human rights defenders.