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Arab Political Systems: Baseline Information and Reforms Libya

Updates and Forthcoming Events

2n 4arcB 9668 Libyan leader 4uammar CadBafi announced Bis intention todissol@e tBe countryDs existing administrati@e structure and disburse oil re@enuedirectly to tBe people. $Be plan includes abolisBing all ministries except tBose ofdefense internal security and foreign affairs and departments implementingstrategic proEects. CadBafi Bas made at least tBree similar announcements in tBe

past tBe most recent of wBicB was in 4arcB 9666 wBen Be declared tBeelimination of twel@e go@ernment ministries. "licA Berefor more information.

Carnegie Endowment for International Peacewww.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * eli+logo E,teriorwww.fride.org
http://www.meed.com/news/2008/03/gaddafi_threatens_government.htmlhttp://www.carnegieendowment.org/http://www.fride.org/http://www.carnegieendowment.org/http://www.fride.org/http://www.meed.com/news/2008/03/gaddafi_threatens_government.html

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State Institutions/ Separation of Poers

Libya gained independence from Italy on +ecember 9 5;:5. In anuary 5;:9

Libya was declared a constitutional monarcBy under Fing Idris. In -eptember5;1; tBe Aing was ousted in a military coup wBicB declared tBe Curan to be tBeconstitution. $o tBis day Libya is go@erned on tBe basis of tBe 5;1; proclamationand a series of fundamental laws deemed to Ba@e constitutional weigBt.

$Be structure of national and subnational go@ernment is under constant re@ision.

+etails of tBe laws tBat reorganiKe go@ernment are not a@ailable. (s a result someof tBe details below may not be a completely accurate representation of tBe systemas it currently exists.

E!ecutive "ranch and Legislative "ranch

xecuti@e power is de facto @ested in "olonel 4uammar alCadBafi tBe

'e@olutionary Leader. (ltBougB Be Bolds no formal position in tBe go@ernment Beis tBe BigBest autBority and as commander in cBief Be controls tBe armed forces.(long witB a group of close associates Anown as tBe 'e@olutionary "ommand"ouncil Be controls all political life.

#nder tBe 'e@olutionary leader is a complex system wBicB supposedly represents

pure direct democracy based on tBe ,reen &ooA tBe PeopleGs +eclaration of 5;77

and subseHuently enacted and e@ercBanging fundamental laws. It is based on aBierarcBy of PeopleGs "ommittees and PeopleGs "ongresses tBat extend from tBelocal to tBe central le@el.

$Be system is so peculiar tBat it cannot be described by a normal distinction

between executi@e and legislati@e power. Bat follows is a description of Bow tBesystem is structured in tBeory. In practice tBe system is controlled from tBe top in aBigBly autBoritarian manner.

In tBeory tBe system starts at tBe bottom witB 'e@olutionary "ommittees tBat exist

tBrougBout tBe country to furtBer tBe cause of tBe re@olution. In practice tBese'e@olutionary "ommittees wBicB do not Ba@e any go@ernmental function monitor


http://www.algathafi.org/index-en.htmhttp://www.geocities.com/Athens/8744/readgb.htmhttp://www.oefre.unibe.ch/law/icl/ly00000_.htmlhttp://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020018854347&Year1=&Year2=&YearGorH=http://www.oefre.unibe.ch/law/icl/ly01000_.htmlhttp://www.oefre.unibe.ch/law/icl/ly01000_.htmlhttp://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020018454373&Year1=&Year2=&YearGorH=http://www.carnegieendowment.org/http://www.fride.org/http://www.algathafi.org/index-en.htmhttp://www.geocities.com/Athens/8744/readgb.htmhttp://www.oefre.unibe.ch/law/icl/ly00000_.htmlhttp://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020018854347&Year1=&Year2=&YearGorH=http://www.oefre.unibe.ch/law/icl/ly01000_.htmlhttp://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020018454373&Year1=&Year2=&YearGorH=http://www.carnegieendowment.org/http://www.fride.org/

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tBe &asic PeopleDs "ongresses and PeopleDs "ommittees and report to CadBafi @iatBe 'e@olutionary "ommand "ouncil.

$Be 'e@olutionary "ommittees o@erlap witB &asic PeopleGs "ommittees wBicB

can best be compared to party cells in a single party system. $Be committees

permeate all aspects of Libyan economic political and social life maintainingideological and political control.

$Be &asic PeopleGs "ommittees control tBe &asic PeopleGs "ongresses wBicB are

institutions of local go@ernments discussed below. $Be pyramid of "ommittees and"ongresses culminates at tBe central le@el witB tBe ,eneral PeopleGs "ongress andtBe ,eneral PeopleGs "ommittee.

$Be G%n%()! P%,-!%# C,n(%## GPCM

Is botB a unicameral legislature and an executi@e body.

Is made up of 716 members elected indirectly from localle@el &asic PeopleGs"ommittees &asic People "ongresses and 'e@olutionary "ommittees fortBreeyear terms. Its members must be Libyan nationals o@er tBe age of 58 andBold leadersBip positions in tBe local committees and congresses.

lects tBe Bead of state and tBe ,eneral PeopleGs "ommittee. 'ecommends laws wBicB are ultimately appro@ed by tBe ,eneral PeopleGs

"ommittee. "an issue decrees witB tBe force of law. "Booses a secretary to preside o@er its sessions sign

laws by order of tBe "ongress and accept tBe credentials of tBe representati@esof foreign countries.

Is organiKed into peopleGs committees . acBcommittee is run by a secretary .

Its leadersBip is @ested in a fi@emember ,eneral -ecretariat comprisingM asecretary generalN a secretary for womenGs affairsN a secretary for affairs of tBePeopleGs "ongressesN a secretary for affairs of tBe trade unions syndicates and

professional associationsN and a secretary for foreign affairs. 4eets for only two weeAs eacB year. 3or tBe remainder of tBe year tBe

functions of go@ernment are carried out by tBe ,eneral PeopleGs "ommittee.

Its primacy remains unaltered since tBe +eclaration but its internal structure Bas

been altered se@eral times. $Be last go@ernment reorganiKation tooA place witBLaw 5 of 9665 on tBe organiKation of tBe PeopleGs "ongresses.

$Be last renewal of tBe ,eneral PeopleGs "ongress began in 966.

$Be S%+(%')(2G%n%()! , '$% G%n%()! P%,-!%# C,n(%##M

Is tBe Bead of state. )ominates tBe secretaries of tBe ,eneral PeopleGs "ommittee wBo

are tBen confirmed by tBe ,eneral PeopleGs "ongress.

4uBammad alOanati is tBe -ecretary ,eneral of tBe ,eneral PeopleGs "ongress.



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%ights

Personal li"erties

$Be "onstitutional Proclamation pro@ides for freedom of religion tBe rigBt to

worA tBe in@iolability of Bomes tBe rigBt to education and tBe rigBt to BealtB care.

In 5;88 tBe ,eneral PeopleGs "ongress adopted tBe ,reat ,reen "Barter of *uman

'igBts in tBe amaBiriyan ra. It guaranteed tBe independence of tBe Eudiciaryfreedom of tBougBt gender eHuality stated as an obEecti@e tBe abolition of capital

punisBment and proBibited any punisBment tBatwould @iolate tBe dignity and tBe integrity of a Buman being. In practice Bowe@ermany of tBese rigBts are @iolated.

$Be law does not guarantee freedom of assembly and tBe go@ernment se@erely

restricts tBis rigBt. Public assembly is permitted only witB tBe go@ernmentDsappro@al and in support of tBe go@ernmentDs positions.

$Be law pro@ides for freedom of religion and tBe go@ernment generally respectstBis rigBt altBougB it represses Islamist groups wBicB it @iews as a tBreat to tBeregime.

$Be "onstitutional Proclamation and tBe ,reat ,reen "Barter limit freedom of

expression. $Be "Barter only guarantees freedom of expression witBin tBe system

of PeopleGs "ongresses and witBin tBe limits of public interest and tBe principlesof tBe [email protected] Law 96 also Hualifies tBe rigBt to free expression. (ccording toarticle 8 @ery citiKen Bas tBe rigBt to express and publicly proclaim Bis opinionsand ideas to tBe peopleGs congresses and tBe information media of tBe amaBiriya.

)o citiKen sBall be answerable for Bis exercise of tBis rigBt unless Be exploits itwitB a @iew to detracting from tBe peopleGs autBority or for personal ends.J $Bearticle continuesM It is proBibited to ad@ocate ideas or opinions clandestinely or toattempt to disseminate or impose tBem on otBers tBrougB enticement forceintimidation or fraud.J

LibyaGs code of criminal procedure is largely up to international standardsN

@iolations mostly result from poor implementation of tBe law. It proBibits arbitraryarrest and detentionN Bowe@er tBe ,o@ernment does not obser@e tBese proBibitions.-ecurity forces arbitrarily arrest and detain citiKens. $Be ,o@ernment Bolds many

political detainees incommunicado for unlimited periods in unofficial detentioncenters. Bile in tBe past go@ernment imprisoned political prisoners for ideologicalcrimes against tBe re@olution today it employs tBe rBetoric of antiterrorism. $Be

penal code is problematic as some articles impose se@ere punisBments includingdeatB for acts and expression tBat sBould be protected under tBe rigBts to freeassociation and speecB. $Be penal code is currently under re@ision but tBose partsof tBe draft made public in 966 suggest tBat tBe cBanges do not go far enougB to

bring tBe code up to tBe international Buman rigBts standards Libya Bas pledged toupBold.



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$Be law proBibits discrimination based on race sex religion disability language

or social status. It also grants eHual rigBts to women.

$Be law considers public ownersBip of tBe means of production as tBe basis of

de@elopment but protects pri@ate ownersBip if it is [email protected]

$Be "ode of *onor of 4arcB 5;;7 institutes a system of collecti@e punisBment for

wrongdoing wBereby families towns and municipalities are Beld responsible fortBe actions of indi@iduals in tBeir midst. #nder tBe law tBey are subEect tocollecti@e punisBment sucB as tBe dissolution of tBe local PeopleGs "ongress or tBedenial of go@ernment ser@ices including utilities water and infrastructure proEects.

Law 96 of 5;;5 on tBe Promotion of 3reedom establisBes tBe deatB penalty for

anyone wBose continued existence would lead to tBe disintegration of Libyansociety.

4ultiple security forces rely on an extended networA of informers.

$Be )ew 0orAbased organiKation *uman 'igBts atcB pro@ides a compreBensi@e

o@er@iewof Buman rigBts de@elopments in Libya.

Legislation regulating the e!ercise of rights

P,!"'"+)! P)(' L)9#

Political parties are illegal. Law 75 of 5;79 bans any group acti@ity based onpolitical ideology contrary to tBe principles of tBe 5;1; al3ateB re@olution.

E!%+',()! L)9

2nly tBe elections for tBe &asic PeopleGs "ongresses are based on uni@ersalsuffrage. $Be go@ernment is structured in a pyramid of committees andcongresses witB eacB layer in@ol@ed in tBe selection of tBe layer abo@e. (t tBeapex are tBe 'e@olutionary "ommand "ouncil and tBe ,eneral PeopleGs

"ommittee.

$Be elected members of tBe @arious congresses and committeesselect tBe members of tBe ,eneral PeopleGs "ongress.

L)9 ,n A##,+")'",n#

&otB tBe "onstitutional Proclamation and tBe ,reat ,reen "Barter limitfreedom of association. $Be "Barter states Libyans are free to form

associations trade unions and leagues in order to defend tBeir professionalinterestsJ but does not address associations of a political or social nature.



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)onstate organiKations are not allowed on tBe grounds tBat state institutionspro@ide all necessary representation.

Law 5; of 966 and Law 75 of 5;79 regulate tBe formation and acti@ity ofassociations in Libya. (ssociations engaging in political acti@ity are illegal and

political acti@ity is defined as any acti@ity based on a political ideologycontrary to tBe principles of tBe 5;1; al3ateB 'e@olution. %iolators of tBe lawcan be put to deatB. $Be Libyan autBorities Ba@e imprisoned Bundreds of peoplefor @iolating tBis law and some Ba@e been sentenced to deatB. $Be law istypically used to disband Islamist political organiKations as in 9669 wBen 81

professionals and students were sentenced to Eail for tBeir membersBip in tBeLibyan Islamic ,roup. (rticle 961 of tBe penal code also imposes tBe deatB

penalty on tBose wBo call for tBe establisBment of any grouping organiKationor association proscribed by lawJ and for tBose wBo belong to or support sucBan organiKation.

$Be go@ernment maintains tBat freedom of association and assembly are notreHuired in a political system based on popular power.J

(ccording to tBe Law on nBancing 3reedom "itiKens are free to establisBand Eoin trade unions professional and social federations and leagues andcBaritable associations in order to protect tBeir interests or acBie@e tBelegitimate obEecti@es for wBicB tBose institutions Ba@e been establisBed.J Inreality worAers can only Eoin tBe )ational $rade #nionsG 3ederation wBicBwas created in 5;79 and is administered by tBe PeopleGs "ommittees.

(ccording to tBe law applications for tBe formation of an organiKation orassociation must be signed by a minimum of fifty founders. If tBe organiKation

plans to worA countrywide its application goes to tBe secretariat of tBe,eneral PeopleGs "ongress. If tBe proposed worA is limited to a go@ernoratetBe application goes to tBe PeopleGs "ongress of tBat go@ernorate. If tBe worA isinternational it goes to tBe wBole ,eneral PeopleGs "ongress. $Bere is no rigBtto appeal a decision denying a groupGs application.

M%") L)9#

$Be go@ernment runs and strictly controls all media in Libya. Law onPublications )o. 71 of 5;79 modified by Law 596 of 5;79 and Law 7: of5;7 go@erns tBe press and restricts publisBing rigBts to two public entitiesM (l+ar alamaBiriya and tBe ,eneral "orporation of Press Professional #nionsand -yndicates.

$Be go@ernment owns all print and broadcast media outlets. $Bere is a staterundaily newspaper and se@eral smaller newspapers publisBed by tBe local'e@olutionary "ommittees. 2pinions contrary to tBose of tBe go@ernment arenot allowed. )o pri@ately owned radio or tele@ision stations are permitted.

$Be official news agency is tBe amaBiriya )ews (gency .



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3oreign newspapers and magaKines are limited in a@ailability and freHuentlycensored and tBeir distribution is at times proBibited

$Be two exceptions to tBe stateGs control of tBe media are satellite tele@ision and tBe

Internet.

(ccording to tBe annualorldwide Press 3reedom IndexpublisBed by'eporters witBout &orders Libya ranAs 5:: of 51; countries. $Be index runsfrom 5 to 51; .

R%,(# Un%( D"#+##",n

$Be Law on Publications is reportedly under re@iew.

P%(#,n)! S')'# L)9

-Baria law go@erns inBeritance di@orce and tBe rigBt to own property.

%ecent Government Initiatives Affecting %ights

Libyan autBorities released 56 political prisoners on 4arcB 9 9661 including8: members of tBe banned 4uslim &rotBerBood mo@ement wBo were tried bytBe PeopleGs "ourt before it was abolisBed in 966:. $wo prisoners Bad beensentenced to deatB and ten otBers to life imprisonment in 9665.



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http://www.rsf.org/article.php3?id_article=24021http://www.rsf.org/article.php3?id_article=24021http://www.carnegieendowment.org/http://www.fride.org/http://www.rsf.org/article.php3?id_article=24021http://www.carnegieendowment.org/http://www.fride.org/

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Political Forces

Political parties

$Be (rab -ocialist #nion acts as tBe only political party mobiliKing citiKens for

political in@ol@ement.

&ivil societ$

$Bere is no functioning ci@il society in tBe sense of independent organiKations witB

@iews differing from tBe leadersBipsG. (ltBougB Libya Bas many organiKations andassociations including tBree dealing witB Buman rigBts all Ba@e ties to tBe

go@ernment.

$Be Libyan (rab "ommittee for *uman 'igBts tBe Libyan &ar (ssociation and

tBe CadBafi 3oundation for +e@elopment address Buman rigBts issues strictlywitBin tBe limits of wBat tBe go@ernment deems acceptable debate. $Bey criticiKetBe go@ernment at times. $Bis is tBe case especially witB tBe CadBafi 3oundationwBicB enEoys a BigB degree of protection. It was founded in 5;;8 by -eif alIslamalCadBafi CadBafiGs son. 2riginally named tBe CadBafi International 3oundationfor "Barity (ssociations it Bas since been renamed tBe CadBafi 3oundation for+e@elopment. It Bas been moderately @ocal in criticiKing Buman rigBts @iolationssucB as torture and political imprisonments

#mbrella organiKationsM

)ational $rade #nionsG 3ederation 3ederation of "Bambers of "ommerce 3ederation of "Bambers of $rade 3ederation of "Bambers of Industry 3ederation of "Bambers of (griculture ,eneral 3ederation of ProducersG $rade #nions



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Election %esults

)ational elections in Libya are Beld indirectly tBrougB a BierarcBy of committees.

In tBeory e@ery tBree years all citiKens 58 years and older must participate in tBeelections of tBe leaders of local &asic PeopleGs "ongresses. 4embers of tBe &asicPeopleGs "ongresses cBoose tBeir &asic Local "ommittees wBo in turn participatein tBe elections of tBe ,eneral PeopleGs "ongress. $Be ,eneral PeopleGs "ongresstBen cBooses tBe ,eneral PeopleGs "ommittee.

$Bere is no reliable information on electoral results. $Be last elections of tBe

,eneral PeopleGs "ongress tooA place in uly and (ugust 966 but it is unclearBow many candidates were elected.



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&onstitutional %evision

$Be "onstitutional Proclamation and tBe +eclaration on tBe stablisBment of tBe

(utBority of tBe People can be superseded by laws issued by tBe ,eneral PeopleGs"ongress. $Bis Bas led to a muddle of often contradictory laws witB tBe mostrecent law taAing precedence in cases of conflict.



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&orruption

$Be 5;; Purge Law was establisBed to figBt financial corruption blacA

marAeteering drug trafficAing and atBeism.

$ransparency InternationalGs "orruption Perception Index 9667ranAs Libya 55st

out of 586 countries.



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%atification of International &onventions

International "o@enant on "i@il and Political 'igBts

Documents

Libya_APS