CRES\007\11\2015: RESOLUTION ON THE HUMAN RIGHTS ON THE SITUATION IN LIBYA

We, the participants of the Forum on the Participation of NGOs in the 57^thOrdinary Session of the African Commission on Human and Peoples’ Rights and the 31^st African Human Rights Book fair held in Banjul, The Gambia from 31^st October–2^nd November 2015;

Considering the provisions of the AU Constitutive Act, the African Charter on Human and Peoples’ Rights and other regional and international human rights treaties to which the state of Libya is a contracting party;

Reaffirming the primary responsibility of the state of Libya to promote and protect human rights and fundamental freedoms in the country and to provide conditions conducive to a dignified life for all the people of Libya;

Deeply concerned about the security and humanitarian conditions of the Libyan citizens, lacking food, medicine and vaccines for infants, and that attempts to end the armed conflict and the humanitarian suffering in the country through negotiated political settlement have not yet been successful;

Alarmed by the widespread lack of accountability for serious crimes committed by all armed factions against the population, including extra-judicial killings, assassinations, enforced disappearances, torture and ill-treatment, as well as forced displacement of civilians. the passing of draconian decrees and laws, the accordance of amnesties to commanders and members of armed factions under the pretext of protecting revolutionary gains, and the deactivation of transitional justice mechanisms;

Welcoming international commitments to combat impunity, to uphold fundamental justice to the victims of violations of international human rights and humanitarian law and to maintain durable peace in Libya, particularly the decisions of the UN Human Rights Council to establish an independent investigation on grave human rights violations perpetrated in Libya since January 2014, and the UNSC and the ICC to hold accountable individuals from all sides accused of committing war crimes and crimes against humanity in Libya;

The NGOs Forum calls upon the African Commission on Human and Peoples’ Rights to:

Condemn violence and massive violations of human rights and international humanitarian law committed in Libya and demand that all parties to the conflict respect Libya’s obligations under the African Union Constitutive Act, the United Nations Charter, the African Charter on Human and Peoples’ Rights and all other regional and international human rights treaties to which Libya is a state party.

Urge the State of Libya to adopt urgently a comprehensive accountability plan that sets a framework for proper vetting mechanisms to integrate both sides’ armed groups individually into security institutions

Call upon all parties to the conflict in Libya to cease, with immediate effect, all military activities and attacks against civilians, end the violations of human and peoples’ rights, in particular the forced displacement of civilians and to remove all obstacles that prevent international relief organizations to access communities and regions in need of humanitarian need, including medicine, shelter and nutrition

Call upon the International Criminal Court (ICC) to open investigation on ongoing massive violations of human rights and international humanitarian law perpetrating in Libya since the revolution which has an open mandate to investigate alleged international crimes committed in Libya since

Call upon the State of Libya to ensure legislative and de facto protection against refoulement and amend Law 10 of 2013 Criminalising Torture, Enforced Disappearances and Discrimination to ensure that it is fully consistent with the Robben Island Guidelines.

Call upon the State of Libya to prevent arbitrary arrests and ill-treatment in detention centres and to bring private detention facilities under its authority as provided for in Ministerial Decree No. 219 dated 18 February 2013. The State of Libya is particularly encouraged to ensure that detainees, especially foreign nationals in its custody, are held in humane conditions and treated according to due process of law.

Urge the State of Libya to ensure that those responsible for acts of torture are subject to legal process and that there is no immunity from prosecution for nationals suspected of torture in accordance with Article 16 of the Robben Island Guidelines, and to lift all amnesties including on the basis of revolutionary legitimacy.

Urge the State of Libya to adopt a law of civil society that is consistent with international freedom of association standards, and conduct impartial, thorough and effective investigations into all cases of attacks, harassment, and intimidation and bring to justice all perpetrators of such offenses, and ensuring they are held accountable for their crimes

Call upon the State of Libya to uphold women’ rights in accordance with international standards, including criminalizing and preventing violence against women and to ensure that the future constitutional framework grants Libyan women the right to pass their nationality on to their children

Call upon the State of Libya to become party to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention).

Call upon the State of Libya to provide an adequate framework to ensure protection of the human rights of migrants and refugees.

Call upon the State of Libya to end discrimination against minority groups, particularly in relation to their right to access Libyan citizenship, education, healthcare as well as freedom of conscience and belief, and to ensure that these rights are enshrined in the constitution.

Done in Banjul, The Gambia – 2^nd November, 2015