Written by Alrassed Alliby Editor 2
23 Apr 2013 6:44 pm
Libya must respected, "the law of political isolation" of human rights
Distinction must be made between a review for senior positions filtration and disinfection
January 22, 2013
After decades of dictatorship and corruption , it is understood that the Libyans want to exclude those involved in past abuses from the ranks of their new leaders . But it should be based on the ban on public office and to the Supreme irregularities can be substantiated and not just a link in the former regime .
Fred Abrahams, special adviser
(Tripoli) , Human Rights Watch said today that one of the bills that are being developed in Libya in order to prevent officials under Gaddafi from public office and the Supreme should not be excluded than those who took some of the top positions precisely defined , or those who are against them allegations of specific acts . Any defendant should mistakes in the past to have a fair opportunity to respond to the charges against him.
Said Fred Abrahams, special adviser at Human Rights Watch : "After decades of dictatorship and corruption , it is understood to want the Libyans to exclude those involved in past abuses from the ranks of their leaders cons. , But should be based on the ban on public office and the Supreme irregularities can be substantiated and not just link in the former regime . "
Expected from one of the Libyan parliament committees , or the General National Congress , to submit a draft of the so - called " political isolation law " On January 23 / January 2013. Escalated pressure of public opinion to Parliament in recent weeks to exclude people who consider them a lot of Libyans from the remnants of the Gaddafi era non grata .
Called Human Rights Watch and the Committee on the Elaboration of a Draft Law to investigate the persistence It takes enough time for the issuance of this important legislation , and ponder how the merger and integration of the law in the process of transitional justice broader inside Libya .
Abrahams said: "This law requires time and study carefully to ensure respect for human rights and loyalty need to Libya to justice after the dictatorship era ."
He said Human Rights Watch that any new law should provide an adequate definition for any positions that have been filled in the era of Gaddafi and the acts that have been committed in the past , including requiring exclusion from public office , and the duration of this exclusion. Of like baggy terms , if used , can open the door to use the law for partisan political purposes .
It is also crucially important that new law provides for a fair and transparent process , according to Human Rights Watch . Should any person accused of human rights violations or wrong doing in the past to be able to see the evidence presented against him and given him a fair chance to respond to the charge.
She told Human Rights Watch that those who should face charges under this law that has the right to appeal the ban in a timely manner to an independent body .
If you failed " political isolation law " to meet these new standards , it would violate the constitutional law of Libya . Article 6 of the Charter of the Libyan Constitutional that all Libyans " are equal in the enjoyment of civil and political rights" and " equal opportunity" without discrimination on the basis of " religion, sect , language, wealth , sex , descent, or political views , social status or tribal affiliation or regional or family . "
Not yet clear how the bill will deal with the Integrity Commission and the already existing national , which was formed in April 2012 and charged with reviewing the nomination of senior government and security officials , and members of the General National Congress , heads of professional associations , universities and other public institutions . Previously told Human Rights Watch criticized the vague and overbroad standards for the Authority .
Prevented the National Integrity Commission and already dozens of several positions, including 11 members of the General National Congress elected, although some progress shutdown decisions before the courts.
She told Human Rights Watch that if the continued existence of the Integrity Commission and the actual national conference to amend its laws more precise standards and narrower to impose a ban on public office .
International law requires on Libya to allow all its citizens the right to hold political positions without discrimination on the basis of political affiliation . In Libya , a State party to the International Covenant on Civil and Political Rights , it obligation to provide equal opportunities for citizens to participate in political life, without discrimination or " unreasonable restrictions ." The African Charter on Human and Peoples ' Rights , which was ratified by Libya also obliges states to ensure that all citizens enjoy the right freely to participate in the governance of their country .
He said Human Rights Watch that countries like Libya , which has suffered from dictatorship and struggling to build democratic societies , has legitimate concerns from undermining these efforts at the hands of people who had their previous behavior reflects the character of criminal or corrupt or oppressive to those dictatorships . Thus there is some justification for restricting political rights to some of the people associated with the former dictatorship at the beginning of the transition process.
However, that process should reflect respect for individual rights enshrined in the Libyan and international law . And restrictions should be based on clear standards and separated from the law , and be proportionate to , and not a general ban on all political activities .
Abrahams said : " Libyans lawmakers have a golden opportunity to ensure that any exclusion on the basis of the individual case , using criteria that are clear and explicit and through a fair process . Should honor the victims of past abuses through new laws comply fully committed to human rights ."