OHCHR in Libya

Pursuant to UN Security Council Resolution 2040 (2012), the mandate of the Human Rights, Transitional Justice and Rule of Law Division is to “ promote the rule of law and monitoring and protect human rights, in accordance with Libya’s international legal obligations, particularly those of women and people belonging to vulnerable groups, such as children, minorities and migrants, including through assisting the Libyan authorities to reform and build transparent and accountable justice and correctional systems, supporting the development and implementation of a comprehensive transitional justice strategy, and providing assistance towards national reconciliation, support to ensure the proper treatment of detainees and the demobilization of any children remaining associated with revolutionary brigades”.

 
The Human Rights, Transitional Justice and Rule of Law Division within UNSMIL conduct its activities in close cooperation with OHCHR.

• Transitional Justice

UNSMIL Human Rights, Transitional Justice and Rule of Law Division has offered technical advice and international experience regarding transitional justice. UNSMIL Human Rights, Transitional Justice and Rule of Law Division gave advice on the transitional justice law and has organized a national conference and several local workshops for assisting in the development of strategies for implementing transitional justice. UNSMIL released a report on 17 September 2012 entitled “Transitional Justice – Foundation for a New Libya”, to advocate with the national authorities to promote a comprehensive transitional justice strategy aimed at promoting reconciliation which includes trials of former senior regime figures and others who committed serious violations; a dynamic truth-seeking process; reparations victim-oriented measures; and various institutional reforms.

• Missing Persons

UNSMIL Human Rights, Transitional Justice and Rule of Law Division has helped the Ministry of Assistance to Families of Martyrs and Missing Persons on the Ministry’s strategy in formulating a law on missing persons. It has also offered technical support to victim organizations which support families of the missing.

• Detained Persons and Prison Reform

UNSMIL Human Rights, Transitional Justice and Rule of Law Division is urging and assisting the General Prosecutor and relevant ministries to accelerate the processing of conflict-related detainees, put into place protection measures to prevent and investigate torture and mistreatment in detention facilities and devise a prosecutorial strategy to deal with the trials of senior former regime members.

UNSMIL Human Rights, Transitional Justice and Rule of Law Division has undertaken regular visits to detention centres across the country during which advice was given to those controlling the detention centres on international standards for the security and safety of detainees.

UNSMIL has urged the government to commence state inspections and the earliest possible assumption of state control of detention facilities and processing of cases in accordance with the law. UNSMIL raised its strong concern with the Libyan Government at the highest levels, and has continued to do so when cases of torture in detention and deaths from torture were brought to its attention.

UNSMIL Human Rights, Transitional Justice and Rule of Law Division is working with the Judicial Police to increase its capacity to establish control over more prisons, and receive detainees transferred to prisons under the custody of the Ministry of Justice. It is assisting to enhance the capacity of the Judicial Police to address existing challenges, including the lack of trained staff, the destruction of significant parts of the penitentiary infrastructure and security problems.

• Judiciary Capacity-Building

UNSMIL Human Rights, Transitional Justice and Rule of Law Division is engaging the Ministry of Justice to support the resumption of the court system. In this connection, UNSMIL Human Rights, Transitional Justice and Rule of Law Division is working with the High Judicial Institute to identify capacity needs within the Libyan judiciary, and together with the United Nations Office on Drugs and Crime (UNODC) is conducting a legal review of a number of Libyan laws to advise on how these can be harmonised with international instruments. UNSMIL Human Rights, Transitional Justice and Rule of Law Division in consultation with relevant Libyan entities is developing a capacity development programme for public defenders, judicial police and military prosecutors.

In close consultation with the Supreme Judicial Council, UNSMIL Human Rights, Transitional Justice and Rule of Law Division has been working to provide support to the national committee established to examine the status of the judiciary and submit recommendations on judicial reform.

• Support Human Rights’ Advocacy

UNSMIL Human Rights, Transitional Justice and Rule of Law Division has conducted workshops in various parts of the country to strengthen the capacity of civil society groups in human rights monitoring and advocacy, to tackle issues in Libyan society such as torture or discrimination, or to enable civil society to have input into the constitutional process.