A/HRC/57/60
sexual violence at the hands of soldiers, including being threatened with rape and being
repeatedly beaten, kicked, and spat on.142
18.
Libya
139. During the reporting period, multiple UN actors 143 continued to address the impact of
requirements imposed on civil society organizations impacting their ability to engage with
the United Nations in the field of human rights, which have been included in the reports of
the Secretary General since 2021.144
140. 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).
141. 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.
142. According to information received by OHCHR, the Libyan government endorsed the
decision of the Council for Sharia Research and Studies at Dar Al Ifta forbidding the use of
the term “gender” (Decision No. 2 of October 2023) and officially informed the United
Nations Country Team and International Non-Governmental Organizations not to use the
term.148 Reportedly, the Council for Sharia Research and Studies published an explanatory
note to its Decision No 2, in December 2023, calling the security and police authorities to
implement applicable laws to punish those who advocate for and use the term. It has been
reported to OHCHR that this has created fear among civil society organizations and women
human rights defenders promoting women’s rights and gender equality. Reportedly, some
organizations have closed down and others have expressed they don’t feel safe to operate in
this context.
142
143
144
145
146
147
148
60
A/HRC/55/72 para. 46.
S/2023/589, para. 44 and
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28401.
A/HRC/48/28, Annex I, paras. 63–68; A/HRC/51/47, Annex I, paras. 42–43; A/HRC/54/61,
Annex II, 98–102.
S/2023/589, para. 44.
LBY 3/2023.
A/HRC/54/61, Annex II, para. 99 and S/2022/31, para. 53.
S/2023/589, para. 44 and the following para from S/2024/301, para. 65.
GE.24-14259