Law No. 19 of 2001 on the Reorganisation of Non-Governmental Organisations (Law 19/2001)

Cases
Location of case in SG report
2024-140-001
Relevant SG report
Year of the report
2024
Country Geolocation

Latitude: 26.3351

Longitude: 17.228331

Country Geolocation (linked Cases)
Libya
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
6 October 2023
Type of record
General situation addressed
Type of rights defended
  • Unclear in SG Report
Reported trigger of reprisal
  1. On 22 May 2023, the Government of National Unity issued a decision establishing a committee to regulate civil society organizations on the basis of Law No. 19 of 2001 on the Reorganisation of Non-Governmental Organisations (Law 19/2001), a restrictive law providing for State control over civil society activities.145 On 6 October 2023, special procedure mandate holders raised concerns that reversion to Law 19/2001 may obliterate civic space in Libya and called for its repeal together with all other restrictive regulations and decrees, including Decree 286 of 2019 and Regulation 3/2016.146 Regarding Law 19/2001, special procedures mandate holders raised several concerns including on restrictions to the scope of the work of civil society organizations (article 1), restrictions on their registration (article 6) and on access to resources (articles 14 and 15). Under the law, civil society organizations would be required to obtain Government approval before receiving donations or grants from foreign entities (article 14), before engaging on fundraising (article 15) and before accessing international networks (article 14).
  2. According to information received by OHCHR, legal measures curtailing the activities of civil society continued during the reporting period,147 including measures requiring civil society to report any interaction with United Nations officials and any other international actors and denying their registration. Reportedly, new decisions ban Libyan civil society organizations from participating in or organizing activities with the international community, including the United Nations, unless prior permission is granted by the Internal Security Agency (ISA). Specifically, on 3 February 2024, the Civil Society Commission (CSC) in Sebha required civil society organizations to obtain prior approval and security clearance from an ISA focal point both for registration and before engaging or cooperating with the United Nations. In addition, on 25 February 2024, the Acting Municipal Council in Murzuq issued a decision requiring all CSOs to obtain a permission from ISA prior to any activity involving the United Nations. The following day, ISA issued a decision instructing civil society organizations in Murzuq not to engage with national or international organizations prior to the permission and approval of ISA.
Type of attempted engagement
  • Meeting with UN officials during country visit / with locally present UN officials
  • Participation in meeting on UN premises
  • Submission of information to UN
Dates of mentioned reprisals
22 May 2023
Location of mentioned reprisals
Libya
Reprisal information
  1. On 22 May 2023, the Government of National Unity issued a decision establishing a committee to regulate civil society organizations on the basis of Law No. 19 of 2001 on the Reorganisation of Non-Governmental Organisations (Law 19/2001), a restrictive law providing for State control over civil society activities.145 On 6 October 2023, special procedure mandate holders raised concerns that reversion to Law 19/2001 may obliterate civic space in Libya and called for its repeal together with all other restrictive regulations and decrees, including Decree 286 of 2019 and Regulation 3/2016.146 Regarding Law 19/2001, special procedures mandate holders raised several concerns including on restrictions to the scope of the work of civil society organizations (article 1), restrictions on their registration (article 6) and on access to resources (articles 14 and 15). Under the law, civil society organizations would be required to obtain Government approval before receiving donations or grants from foreign entities (article 14), before engaging on fundraising (article 15) and before accessing international networks (article 14).
  2. According to information received by OHCHR, legal measures curtailing the activities of civil society continued during the reporting period,147 including measures requiring civil society to report any interaction with United Nations officials and any other international actors and denying their registration. Reportedly, new decisions ban Libyan civil society organizations from participating in or organizing activities with the international community, including the United Nations, unless prior permission is granted by the Internal Security Agency (ISA). Specifically, on 3 February 2024, the Civil Society Commission (CSC) in Sebha required civil society organizations to obtain prior approval and security clearance from an ISA focal point both for registration and before engaging or cooperating with the United Nations. In addition, on 25 February 2024, the Acting Municipal Council in Murzuq issued a decision requiring all CSOs to obtain a permission from ISA prior to any activity involving the United Nations. The following day, ISA issued a decision instructing civil society organizations in Murzuq not to engage with national or international organizations prior to the permission and approval of ISA.
Types of reprisals suffered
  • Access to UN premises denied
  • Administrative reprisal
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
Yes
Does the report make general comment about country’s environment for engagement with UN?
Yes
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No