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Libya: Country Report Situa�On in Libya

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Libya: Country Report Situa�On in Libya Asylum Research Centre Libya: Country Report Situa�on in Libya /shutterstock.com Miro Novak 5 July 2013 Cover photo © ` 5th July 2013 Libya Country Report Commissioned by the Office of the United Nations High Commissioner for Refugees (UNHCR), Division of International Protection. Any views expressed in this paper are those of the authors and not necessarily those of UNHCR. Explanatory Note Sources and Databases Consulted List of Acronyms CONTENTS 1. Background Information 1.1 Geographical Information 1.1.1 Libya’s three distinct parts: Tripolitania, Cyrenaica, and Fezzan 1.1.2 Libya’s rate of population growth; population disparity between young and old 1.2 Ethnic Groups 1.3 Geographic and Tribal Issues 1.3.1 Main Tribes 1.3.2 Gaddafi policy toward the East 1.3.3 Geographical divisions during 2011 uprising 1.4 Islamism 1.4.1 Salafism Movement 1.4.2 Current Islamic Opposition Groups 1.4.2.1 Libyan Islamic Group 1.4.2.2 Libyan Islamic Fighting Group 2. Main Political Developments following the death of Gaddafi 2.1 National Transitional Council 2.2 July 2012 Election and General National Congress 2.3 General National Congress Political Parties: Homeland Party, Justice and Construction Party, National Centrist Party, National Forces Alliance, National Front Party 3 Security Situation since the formation of the National Transitional Council 3.1 Gaddafi’s security forces during and after the 2011 uprising 3.1.1 Attacks against former Gaddafi supporters following 2011 uprising 3.2 Attack on US Consulate, Benghazi 3.2.1 Attacks on vehicles carrying the Italian consul 3.2.2 3.2.2 Attack on French Embassy 3.3 Violence in Benghazi in May and June 2013 3.4 Tribal Clashes 3.4.1 Fighting in Bani Walid 3.4.2 Fighting around Kufra and Sebha This document is intended to be used as a tool to help to identify relevant COI and the COI referred to in this report can be considered by decision makers in assessing asylum applications and appeals. However, this document should not be submitted in full or in isolation as evidence to refugee decision making authorities. Whilst every attempt has been made to ensure accuracy, the authors accept no responsibility for any errors included in this report. 3.4.3 Fighting in Nafusa Mountains 3.5 Arms proliferation during and after uprising 4 Human Rights Issues 4.1 Drafting of new Libyan Constitution 4.1.1 Human rights protections in the Constitution 4.2 Freedom of Political Expression, Association, and Assembly 4.2.1 Domestic Legal Framework 4.2.1.1 Law No. 65: citizens’ right to peaceful protest 4.2.1.2 Political Isolation Draft Law 4.2.2 Treatment of political opponents, protestors 4.3 Freedom of expression (media) 4.3.1 Domestic Legal Framework 4.3.2 Independence of print media, radio, television, and Internet 4.3.3 Treatment of journalists and other media workers 4.4 Freedom of Religion 4.4.1 Domestic Legal Framework 4.4.2 Treatment of Christians 4.4.2.1 Arrests of foreign missionaries in Benghazi 4.4.2.2 Proselytizing as a criminal offense 4.4.3 Attacks against places of worship, predominantly Sufi shrines 4.5 Ethnicity 4.5.1 Domestic Legal Framework 4.5.2 Treatment of minority groups 4.5.2.1 Amazigh (pl. Imazighen, Berber) 4.5.2.2 Tuareg (Twareg, Touareg) 4.5.2.3 Tebu (Tabu, Toubou, Tubu) 4.5.2.4 Tawergha 4.5.2.5 Mashashiya (Mashasha, Meshashya, Masheshiya) 4.5.2.6 Sub-Saharan Africans 4.6 Treatment of Women (Post-Libyan Revolution) 4.6.1 Legal, Political, Social and Economic Rights 4.6.1.1 Right to Livelihood 4.6.2 Sexual and gender based violence against women 4.6.3 Sexual violence against women during the armed conflict 4.6.4 Marriage 4.6.5 Domestic Violence 4.6.6 Honour Killings 4.6.7 Shelters and assistance for women 4.7 Children 4.7.1 Harmful traditional practices 4.7.2 Violence against children 4.7.3 Education 4.7.4 Forced recruitment 4.7.5 Child Labour 4.8 Human Trafficking 4.9 Sexual Orientation and Gender Identity 4.9.1 Domestic Legal Framework 4.9.2 Treatment and attitude by the authorities 4.9.3 Treatment and attitude by society 5 Other Human Rights Considerations 5.1 Mines and unexploded ordinances 5.2 Humanitarian and economic situation 5.3 Access to healthcare (including HIV/AIDS) 6 Rule of Law/Administration of Justice 6.1 Security Forces 6.1.1 Role of militias in the 2011 uprising 6.1.2 Integration of militias into the military following Gaddafi’s death 6.1.3 Libyan Shield Forces 6.1.4 The Warriors’ Commission 6.1.5 The Police and Supreme Security Committee 6.1.6 Military Conscription 6.2 The Libyan judicial system 6.2.1 Use of Libyan Penal Code versus Islamic legal principles 6.2.2 Transitional Justice Law 6.2.3 Amnesty Law 6.3 Impunity for war crimes committed in the course of the armed conflict in 2011 6.4 ICC Jurisdiction in Libya 6.5 Due process 6.6 Situation of judges 6.7 Prison conditions 6.7.1 Torture in detention 6.8 Death Penalty Explanatory Note This report presents country of origin information (COI) on Libya up to 5th July 2013 on issues identified by UNHCR to be of relevance in refugee status determination for Libyan nationals. The COI presented is illustrative, but not exhaustive, of the information available in the public domain, nor is it determinative of any individual human rights or asylum claim. All sources are publicly available and a direct hyperlink has been provided. A list of sources and databases consulted is also provided, to enable users to conduct further research and to undertake source assessments. Research focused on sources published in 2012 and 2013 and all sources were accessed between April 2013 and July 2013. This document is intended to be used as a tool to help to identify relevant COI and the COI referred to in this report can be considered by decision makers in assessing asylum applications and appeals. However, this document should not be submitted in full or in isolation as evidence to refugee decision making authorities. Whilst every attempt has been made to ensure accuracy, the authors accept no responsibility for any errors included in this report. Sources and Databases Consulted Not all of the sources listed here have been consulted for each issue addressed in the report. Additional sources to those individually listed were consulted via database searches. This non-exhaustive list is intended to assist in further individualised case-specific research and source assessments. To find out more about an organisation, view the ‘About Us’ tab of a source’s website. Databases Anti Trafficking Legal Project (ATLeP) Child Rights International Network (CRIN) European Country of Origin Information Network (ECOI) Human Trafficking Search Relief Web UNHCR Refworld Sources Al Arabiya Al Jazeera Amnesty International Arabs4Tolerance Article 19 Brookings Institution Cairo Institute for Human Rights Studies Carnegie Endowment for International Peace Centre for Strategic and International Studies Christian Science Monitor CIA World Factbook Committee to Protect Journalists The Economist Freedom House Gay Star News GlobalGayz GayWorldsNews Human Rights Watch Institute for War and Peace Reporting International Crisis Group International Federation for Human Rights Internal Displacement Monitoring Centre International Committee of the Red Cross International Gay and Lesbian Human Rights Commission International Lesbian, Gay, Bisexual and Trans and Intersex Association International Organization for Migration Integrated Regional Information Networks Lawyers for Justice in Libya Libya Herald The Libya Initiative Magharebia Medecins Sans Frontieres/Doctors Without Borders Minority Rights Group Open Society Foundations Reporters Without Borders Save the Children Small Arms Survey UK Foreign and Commonwealth Office United Nations Children’s Fund UNAIDS UN Commission on the Status of Women UN Committee on Economic, Social and Cultural Rights UN Committee on the Rights of the Child UN Human Rights Council UN News Centre United Nations Office for the Coordination of Humanitarian Affairs UN Office on Drugs and Crime United Nations Support Mission in Libya UN Universal Periodic Review Voice of Libyan women World Bank World Health Organisation List of Acronyms DDR- Disarmament, Demobilization and Reintegration GNC- General National Congress ICC- International Criminal Court ICRC- International Committee of the Red Cross IRIN- Integrated Regional Information Networks LSF- Libyan Shield Forces MANPADS- Man-Portable Air Defense Missile Systems MOI- Ministry of Interior NATO- North Atlantic Treaty Organisation NTC/TNC- National Transitional Council SSC- Supreme Security Committee/Council TNC/NTC- Transitional National Council UN- United Nations UNICEF-United Nations Children’s Fund UNSMIL- United Nations Support Mission in Libya UNOCHA- United Nations Office for the Coordination of Humanitarian Affairs UNODC- United Nations Office on Drugs and Crime USSD- United States State Department WAC- Warriors Affairs Commission WHO-World Health Organisation 1. Background Information 1.1 Geographical Information1 1.1.1 Libya’s three distinct parts: Tripolitania, Cyrenaica, and Fezzan2 The BBC explains that historically Libya was divided into three states; Tripolitania, Cyrenaica, and Fezzan, which enjoyed federal power following Libya’s independence in 1951, until the country became a unitary state in 1963.3 1 Map courtesy of National Geographic Education. National Geographic does not review or endorse content added to this background by others. 2 Map courtesy of BBC, Libya: Semi-autonomy declared by leaders in east, 6 March 2012 3 BBC, Libya: Semi-autonomy declared by leaders in east, 6 March 2012 This document is intended to be used as a tool to help to identify relevant COI and the COI referred to in this report can be considered by decision makers in assessing asylum applications and appeals.
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