publications

IX. Legal Standards

Libyan Law

On December 11, 1969, post-monarchy Libya adopted a Constitutional Proclamation, intended as a provisional measure until a permanent constitution could be adopted.225 At this writing, Libya still had no unified constitution, but was governed by the proclamation and a series of fundamental laws deemed to have constitutional weight. Taken together, they guarantee many basic human rights, although with notable exceptions, particularly regarding freedom of expression and association.226

The Constitutional Proclamation provides for the right to work (article 4), the inviolability of homes (article 12), the right to education (article 14), and the right to health care (article 15). Regarding the judiciary, article 27 says the aim of judicial decisions is “the protection of the principles of the community and the rights, dignity and freedom of individuals.” Article 28 guarantees the independence of judges. Article 31 states that individuals are innocent until proven guilty and that they should be provided with a fair defense, as well as freedom from “mental or physical harm.”

Regarding the rights of refugees, article 11 of the Constitutional Proclamation states that, “[T]he extradition of political refugees is prohibited.”

The other laws deemed to have constitutional status are:227

  • The Declaration of the People’s Authority, adopted March 2, 1977
  • The Great Green Charter for Human Rights of the Jamahiriyan Era, adopted June 1988
  • Law 20, “On Enhancing Freedom,” adopted 1991

According to Libyan lawyers and law professors, judicial processes must respect these laws, and citizens have the right to appeal if the government violates the rights they enshrine.228

The Declaration of the People’s Authority established the system of people’s congresses that forms the basis of Libya’s “direct democracy.” It does not directly address human rights. More relevant to human rights is the Great Green Charter, which according to the Libyan government provides guidelines for review of legislation. Law No. 5 of 1991, On Implementation of the Principles of the Great Green Charter for Human Rights in the Jamahiriyan Era, states that all legislation in force prior to the promulgation of the Great Green Charter must be amended to become consistent with the principles set forth in the charter, and all new legislation must also be compatible with the charter.229 According to the government, the Great Green Charter therefore “has legal force in regard to legislation promulgated subsequent or prior to Act No. 5 of 1991.”230 In addition, “any individual can challenge the legality of a legislative enactment that is inconsistent with the principles set forth in the document, whose provisions prevail over those of other legislation.”231

The Great Green Charter prohibits any punishment that “would violate the dignity and the integrity of a human being” (article 2). Article 9 guarantees the independence of the judiciary. Article 17 states: “The members of the society of the Jamahiriya reject any discrimination between human beings on grounds of their color, sex, religion or culture,” and article 21 guarantees equality between men and women.  As mentioned in the chapter immediately above, in the section on executions of foreigners, article 8 of the Charter declares the abolition of capital punishment as a societal goal.

Law 20, “On Enhancing Freedom,” says that defendants are innocent until proven guilty (article 17) and also guarantees the independence of judges (article 31). Article 30 of the law states that, “everyone has the right to petition a court, in accordance with the law” and that “the court shall provide him with all the necessary safeguards.”232 Law 20 also says, in article 21, that “the Jamahiriya supports the oppressed and the defenders on the road to freedom and they should not abandon the refugees and their protection.”

Libya’s code of criminal procedure is largely up to international standards; violations mostly result from poor implementation of the law. The code guarantees the right to be defended by counsel. The police must have a warrant to make an arrest or to search a home. The police can hold a person for up to forty-eight hours, and the prosecution has up to six days to file charges, although a judge can extend this period to up to thirty days. Defendants have the right to be informed of the charges against them and to have access to a lawyer from the moment of arrest. They can hire an attorney privately, or get one appointed at no cost by the state.

Libya’s penal code is more problematic. It is currently under revision, but parts of the draft made public in 2004 suggest that the changes do not go far enough to bring the code up to the international human rights standards Libya has pledged to uphold.233

Libyan officials told Human Rights Watch that foreigners enjoy full legal rights in Libya and that they benefit from the same constitutional protections as Libyan citizens. They cite Law No. 10 (1989), which states that Arab citizens possess all rights and duties accorded to Libyans.234 Of course, not all foreigners in Libya are citizens of Arab states.

Laws Regulating the Entry, Stay and Departure of Foreigners

The main domestic law regulating the entry, stay and departure of foreigners is Law No. 6 (1987), as amended by Law No. 2 (2004)235 which, inter alia, would increase the penalties for illegal entry and presence. At the time of Human Rights Watch’s mission to Libya in April-May 2005, the General People’s Congress had approved Law No. 2, but the law’s implementing regulations were awaiting signature by Shukri Ghanim, then-General Secretary of the General People’s Congress. According to UNHCR in Tripoli, Law No. 2 is currently in force.236

Law No. 6 does not state the requirements to obtain a residency permit, but Libyan immigration officials told Human Rights Watch that the implementing regulations require the following for a foreigner to work legally in the country:

1) proof that a Libyan could not do the job the foreigner is proposed to do;

2) contract with an employer;

3) registration with the tax authorities;

4) health certification proving that the foreigner does not have any contagious diseases, including HIV/AIDS.

Work permits are issued for a one-year period and can be renewed.237

Under the new law, every foreigner who does not already meet these requirements (and who is not exempted from requirements under an international agreement) will be required to register and will then receive a permit (red card) granting a short-term stay for three months, during which time he or she will have to find work and meet the conditions in order to gain a residency permit (green card). In theory, this system should protect those holding red or green cards from arrest and deportation, but would expose those without such documentation to greater risk.

Even without the implementing regulations for Law No. 2, UNHCR Tripoli reported in June 2005 that the government was implementing the new law because it had issued all of UNHCR’s attested refugees with red cards. It remains unclear if the government will expel UNHCR attested refugees who fail to meet the requirements to obtain a green card.

Article 16 of Law No. 6 lists the grounds on which the Director of Passports and Nationality may cancel a resident’s permit:238

a) if he may pose a danger to the security and safety of the country, internally or externally, or the economy, public health, public morals or if he constitutes a burden on the state;

b) if he is convicted of a felony or misdemeanor in violation of honor, loyalty or security;

c) if he violates the conditions on which he was granted the permit;

d) if the reasons for which he was granted a permit no longer apply.

Article 17 of the law enumerates the situations in which the Director of Passports and Nationality may expel a foreigner from Libya:

a) if he enters without a valid visa;

b) if he refuses to leave the country despite the expiry of the visa, where the authorities have rejected its renewal;

c) if the visa is cancelled in accordance with Article 16;

d) if a court order was issued for his expulsion.

Libya told the U.N. Human Rights Committee that the safeguards contained in article 13 of the International Covenant on Civil and Political Rights (ICCPR), relating to challenges of an expulsion decision, apply to any expulsion permitted by Libyan law. 239 It added, however, that challenging an expulsion requires that one has a legal status to be defended in the first place, and that these safeguards therefore do not apply to foreigners who enter Libyan territory without authorization.240 Libya furthermore noted that expulsion orders may be challenged on their legality and substance “unless compelling reasons of national security require otherwise”241 and that the grounds on which discretionary decisions are taken concerning foreigners’ legal status are “motivated…by reasons of state, by which states protect themselves behind a solid wall of justificatory arguments that are difficult to ascertain and penetrate in inter-state relations.”242

According to senior justice officials, the decisions to deport or expel non-nationals are “often” challenged (appealed) in the Libyan courts, and the Supreme Court has reviewed such a case. Human Rights Watch twice requested but did not receive copies of court rulings related to such cases.243

Article 18 of Law No. 6 is of particular importance, as it sets out the procedures for deporting a foreigner, including the administrative authority to detain:

The Director of Passports and Nationality has the right to restrict a foreigner who is to be expelled to a certain area of residence or to instruct him to visit the nearest security location [e.g. a police station] on certain dates until his date of expulsion. He is also allowed to detain him until the completion of expulsion arrangements. This foreigner is not to be readmitted to Libyan territory without a substantiated decision by the Director of Passports and Nationality.

The powers of administrative detention relating to foreigners in Libya are linked to the “completion of expulsion arrangements.” Therefore, the authorities should release people whom it is impossible for Libya to expel according to Law No. 6. It is, however, unclear given Libya’s above comments to the Human Rights Committee whether the term “expulsion” refers solely to those who formerly had a legal status (visa, residence permit) or to any removal of an unauthorized migrant from Libyan territory. No other provision in Law No. 6 seems to cover the detention and deportation of unauthorized migrants.

Article 18 offers a less restrictive alternative to detention in the context of expulsion, such as placing restrictions on the place of residence or imposing reporting requirements.

Article 19 (as amended by Law No. 2, which increases the monetary fine by a factor of ten) stipulates:

Provided no other law is violated, then the following persons will be sanctioned by imprisonment and/or a fine of at least 2,000 dinars:244

  • Whoever knowingly makes false statements and presents incorrect information or documents in order to facilitate his or another person’s entry, residence or exit from the country in violation of the terms of this Act;

  • Whoever enters, stays in or exits the country without the required visa, issued from the relevant authorities in accordance with the terms of this Act;

  • Whoever violates the conditions of the visa issuance, extension or renewal;

  • Whoever stays in the country after receiving an order to depart by the relevant bodies, in accordance with the terms of this Act;

  • Whoever hires a foreigner in contravention of Article 9 of this Act.

  • A number of other provisions of Law No. 6 relate to situations described in this report.245

    An “executive table” accompanies Law No. 6 and sets out, inter alia, the procedures for expulsion and how they should be implemented. Human Rights Watch requested a copy of the executive table but, as of May 1, 2006, the Libyan government had failed to respond.

    Reports indicate that the Libyan authorities are trying to inform both foreigners and Libyan employers about Law No. 6 and the relevant amendments to Law No. 2, suggesting that the government will strictly enforce the law. On May 10, 2005, the General People’s Committee for Public Security announced that foreign residents must have “authorized visa entry or they will be sent back to their countries.” Three documents are required to work in Libya, the statement said: “a legal visa, valid passport and authorized health certificate.” Furthermore, the authorities would take “appropriate action against anyone, even foreigners and people smugglers who violate legislation, including a prison sentence of more than a year and a fine of more than LYD 2,000 [€1,250].”246

    Other National Legislation

    Other laws dealing with foreigners in Libya include:

    • Law No. 4 of 1985. This relates to travel documents, but does not implement or refer to article 6 of the African Refugee Convention, which obliges Libya to issue travel documents to refugees on its territory. With respect to refugees, Law No. 4 refers (in article 7) only to the issuance of travel documents to Palestinians.
    • General People’s Congress Order No. 247 of 1989 on the executive regulation of Law No. 6 of 1987, regulating the admission and residency of foreigners. This regulation specifies the border points through which foreigners may enter Libya, as well as conditions of entry and required fees. It also lists the categories of foreigners who are either not allowed to enter or not allowed to leave Libya.247 Human Rights Watch asked the Libyan government to provide the categories of foreigners who are not allowed to enter or leave Libya but, as of May 1, 2006, the Libyan government had not replied.
    • Law No. 10 of 1989 concerning the Rights and Duties of Arab Citizens in the Libyan Arab Jamahiriya. This law grants all citizens of Arab states the right to enter and reside in Libya, as well as all rights and duties accorded to Libyans.248
    • General People’s Congress Order No. 260 of 1989 concerning employment conditions. The law gives employment priority to Libyans and Arabs. Employment of foreigners is conditional upon approval by the Central Employment Bureau.249
    • General People’s Congress Order No. 238 of 1989 concerning foreign employees. This order prohibits the employment of any foreigner without the prior approval of the Central Employment bureau. It also establishes the procedures and conditions for the employment of foreigners.250

    Libya and International Law

    The Libyan government has repeatedly claimed that the international treaties it has ratified and published have direct effect and take precedence over the provisions of domestic legislation (with the exception of Libyan law that stems from shari`a, or Islamic law).251 According to the government, every international treaty signed by Libya, ratified by the General People’s Congress and published in the Official Gazette, “acquires binding force and takes legal precedence over the provisions of domestic legislation.”252 In the event of conflict between the provisions of an international treaty to which Libya is a party and domestic legislation, “the provisions of the international treaty prevail over those of domestic legislation.”253

    In practice, however, Human Rights Watch found no evidence that international treaties take precedence over Libyan law. Libyan lawyers, judges and prosecutors told Human Rights Watch that they never cited international law in court; some claimed that reference to it was unnecessary because all international obligations were mirrored in Libya’s national laws.

    Some of Libya’s laws are currently under review by legal experts. Libya’s Secretary of Justice told Human Rights Watch in April 2005 that there is an “ambitious plan to reform legislation to bring it into line with international human rights standards.”254 As of May 2006, no notable changes had been made.

    Libya’s Human Rights Commitments to Refugees and Migrants

    The International Covenant on Civil and Political Rights,255 in article 13, as elaborated by General Comment 15 of the U.N. Human Rights Committee,256 prohibits arbitrary expulsion and entitles every foreigner to an individual decision on his or her removal or expulsion. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereafter, the Migrant Workers Convention), which Libya ratified in 2004, also prohibits collective expulsion and requires that any expulsion of a migrant worker or a member of his/her family be examined and decided individually (article 22).257 These rights apply irrespective of whether the migrant worker is classified as “documented” or “non-documented.”258

    On the regional level, Libya was among the States that adopted the 1981 African Charter on Human and Peoples’ Rights (Banjul Charter)259 and so reaffirmed a wide range of fundamental human rights contained therein, including the right “when persecuted, to seek and obtain asylum in other countries…”, the right to be expelled from a State “only…by virtue of a decision taken in accordance with the law,” and the prohibition against mass expulsion of non-nationals “aimed at national, racial, ethnic or religious groups.”

    Libya has not acceded to the U.N. Convention relating to the Status of Refugees of 1951, or its Protocol of 1967 (hereafter, the Refugee Convention). Libya is, however, a party to the OAU Convention governing the specific aspects of refugee problems in Africa of 1969 (African Refugee Convention), which expands upon the 1951 Refugee Convention definition of a refugee.260 Libya has assumed meaningful obligations under this Convention, and therefore the government should apply its provisions to all refugees, of any nationality, on its territory.

    While maintaining the “well-founded fear of being persecuted” definition of a refugee from the Refugee Convention and Protocol, the African Refugee Convention widens the refugee definition by also including as refugees people who flee “external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country…” Article 1(6) unambiguously places the responsibility on the Contracting State to “determine whether an applicant is a refugee” (although in practice this responsibility is often executed with the help of UNHCR). As with the 1951 Refugee Convention, an important point of interpretation is that a person is inherently a refugee by virtue of fitting the definition, and this fact merely needs to be recognized by the host country. Thus, being a refugee and having the rights of a refugee is not something to be “granted,” and a state must meet its obligations towards refugees whether or not it calls them “refugees” within its domestic law.

    One of the most striking advances of the African Refugee Convention over the Refugee Convention and Protocol is its espousal of the right of asylum (article 2).261 On the other hand, the African Refugee Convention is comparatively silent on the rights of refugees once they are on the territory of a Contracting State. It contains only fifteen articles (as opposed to the forty-six of the Refugee Convention, which addresses the status of refugees in much greater detail) and therefore overlooks certain basic socio-economic and civil-political rights. While the African Refugee Convention guarantees non-discrimination (article 4) and travel documents (article 6), the absence of other obligations relating to the content of refugee status in the regional instrument makes it important that Libya accede to the global instrument as well.

    Paragraph 9 of the preamble to the African Refugee Convention recognizes the 1951 Refugee Convention and its 1967 Protocol as “the basic and universal instrument relating to the status of refugees.” Article 8 of the African Refugee Convention requires contracting states to cooperate with UNHCR, and describes that Convention as the “effective regional complement” to the 1951 Refugee Convention. These references support the argument that contracting states to the African Refugee Convention should also accede to the global Refugee Convention, and at least cooperate constructively with UNHCR.262 On the other hand, the African Refugee Convention does not contain any article that gives UNHCR a supervisory role in relation to the instrument, as in article 35 of the Refugee Convention. This role is instead, to some extent, afforded to the OAU Secretariat (now A.U.), which is supposed to receive information and statistical data relating to the condition of refugees in each contracting state.

    The African Refugee Convention’s most important obligation in relation to Libyan law and practice is contained in article 2(3): namely, the obligation of non-refoulement. This is an absolute prohibition of “rejection at the frontier, return or expulsion, which would compel [the refugee] to return to or remain in a territory where his life, physical integrity or liberty would be threatened for the reasons set out [in the definitional article].”

    Further, Libya ratified the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereafter, CAT) in May 1989.263  Article 3 of the CAT absolutely prohibits refoulement to the risk of torture; there are no grounds for exclusion from this protection.

    Libya is party to the Convention on the Rights of the Child (CRC)264 which, inter alia, contains specific provisions relating to refugee children in article 22.265 Both the Committee on the Elimination of Racial Discrimination and the Committee of the Rights of the Child have recently invited Libya to ratify the Refugee Convention and expand its cooperation with UNHCR.266

    In 2004 Libya ratified the U.N. Convention against Transnational Organized Crime, and its two protocols against migrant smuggling and human trafficking. Consequently, Libya is considering a new law, yet to be signed, which would provide higher penalties for people-smugglers.267

    Equal Application of Human Rights Obligations to Non-Nationals

    Libya is bound by a range of human rights obligations that apply equally to non-nationals.268

    The Convention against Torture applies in its entirety equally to all non-nationals within a state party’s jurisdiction, as do ICCPR articles 7 (absolute prohibition on torture, and cruel, inhuman or degrading treatment or punishment) and 10 (those denied their liberty to be treated with humanity and respect for human dignity). Another obligation with equal application is the prohibition of arbitrary detention in article 9 of the ICCPR, a prohibition that has also been incorporated into the 1981 African Charter on Human and People’s Rights and the Convention on the Rights of the Child.269The Migrant Workers Convention obliges state parties to respect on a non-discriminatory basis a range of human rights for migrants and their families, including the right not to be arbitrarily detained. It also protects migrants lawfully detained not to be subject to torture or ill-treatment.

    Jurisprudence around the world and decisions of successive sessions of the U.N. Human Rights Committee clarify that the prohibition of arbitrary detention applies in immigration related cases.270 As outlined above, Libyan law foresees the need to detain an unauthorized migrant only with a view to removing that person from the territory. All use of immigration detention should therefore be necessary and proportionate to that end.

    Libya is party to the Convention on the Elimination of Racial Discrimination (CERD)271 which, inter alia, requires that the state party should provide effective protections and remedies against racial discrimination throughout its jurisdiction, including to non-nationals. In its concluding observations of March 2004, the Committee on the Elimination of Racial Discrimination pointed out that Libya has no comprehensive legislation to prevent, prohibit, or remedy racial discrimination.272




    225 Constitutional Proclamation of December 11, 1969, preamble and article 37.

    226 Restrictions in Libyan law on the rights to freedom of expression and association are described in detail in the Human Rights Watch report “Words to Deeds: The Urgent Need for Human Rights Reform.”

    227 All three constitutional laws are available in English at http://www.unhcr.org/cgi-bin/texis/vtx/rsd?search=c&ISO=LBY, as of March 7, 2006.

    228 Human Rights Watch group interview with Libyan lawyers and law professors at al-Fateh University, Tripoli, May 5, 2005.

    229 Act No. 5 (1991), Implementation of the Principles of the Great Green Charter for Human Rights in the Jamahiriya Era, article 1. Article 2 of the law states that all legislation must be amended to be consistent with the Great Green Charter within a period of one year, or up to three years following a decision by the General People’s Congress.

    230 Libyan Arab Jamahiriya report to the Human Rights Committee, CCPR/C/28/Add.17, March 2, 1995, available at http://www.arabhumanrights.org/countries/libya/ccpr/ccpr-c-28-add17-95e.pdf, as of March 7, 2006.

    231 Libyan Arab Jamahiriya report to the Committee Against Torture, CAT/C/44/Add.3, January 28, 1999, available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.44.Add.3.En?Opendocument, as of March 7, 2006.

    232 The independence of the judiciary is also guaranteed in the Organization of the Judiciary Act No. 55 of 1976.

    233 For a critique of the penal code, see Human Rights Watch, “Words to Deeds: The Urgent Need for Human Rights Reform,” pp. 27-30.

    234 Al-Jarida al-Rasmiyya, 1989-10-09, No. 20, p. 521.

    235 All citations from these laws are based on translations by Human Rights Watch. The articles are cited at length because these laws are difficult to obtain outside Libya.

    236 UNHCR communication to Human Rights Watch, April 5, 2006.

    237 Human Rights Watch interview with Muhammad al-Ramalli, Tripoli, April 25, 2005.

    238 The Libyan government provided Human Rights Watch with a description of the administrative duties of the Department of Nationality and Passports, including a list of its thirteen branches and offices.

    239 Libyan Arab Jamahiriya report to the Human Rights Committee, CCPR/c/102/Add.1, 15 October 1997, para.89, available at http://www.arabhumanrights.org/countries/libya/ccpr/ccpr-c-102-add1-97e.pdf, as of January 26, 2006.

    240 Ibid., para. 90.

    241 Ibid., para. 212.

    242 Ibid., para. 213.

    243 Human Rights Watch group interview with justice officials, Tripoli, April 26, 2005. Human Rights Watch asked again by letter on March 28, 2006 but, as of May 1, 2006, the government had not replied.

    244 Equivalent to approximately €1,200.

    245 Article 3 of Law No.6 states that citizens of Arab countries may enter Libya only using their identity cards at special entry points. Article 5 requires captains of ships or planes to notify the Libyan authorities of anyone arriving without the required visa. (The Libyan government applies carrier sanctions– e.g. KLM reports that it pays 500 dinars for each undocumented migrant it lands. (See European Commission report, p. 49.)) Article 8 requires, inter alia, foreigners to register at the nearest Passport Office within seven days of entry, and Article 9 requires anyone who “harbors or lodges foreigners for any reason” to inform the authorities within forty-eight hours. Article 12 requires employers to inform the authorities within seven days when they hire or fire a foreigner.

    246 Hamood, p. 20. See also “Libya Tightens Rules on Foreign Workers,” Libyan Jamahiriya Broadcasting Corporation, May 19, 2005, available at http://en.ljbc.net/online/news_details.php?id=847, as of May 7, 2006.

    247 Al-Jarida al-Rasmiyya, 1989-11, No. 24, pp. 633-648.

    248 Al-Jarida al-Rasmiyya, 1989-10-09, No. 20, p. 521.

    249Al-Jarida al-Rasmiyya, 1989-10-19, No. 22, pp. 591-592. Additional Information from the ILO Natlex database, available at http://www.ilo.org/dyn/natlex/natlex_browse.home, as of May 7, 2006.

    250 Al-Jarida al-Rasmiyya, 1989-11, No. 24, pp. 628-632.

    251 See Libya’s reports to the U.N. treaty bodies, e.g. UN Doc CAT/C/44/Add.3, para.18. The Human Rights Committee has expressed concern that the way in which conflicts between the ICCPR and domestic law are resolved by the courts is unclear (see CCPR/C/79/Add.101).

    252 Libyan Arab Jamahiriya report to the Committee Against Torture, CAT/C/44/Add.3, January 28, 1999, available at www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.44.Add.3.En?Opendocument, as of March 7, 2006. See also Libyan Arab Jamahiriya report to the Human Rights Committee, CCPR/C/102/Add.1, October 15, 1997, available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.C.102.Add.1.En?Opendocument, as of March 7, 2006.

    253 Ibid.

    254 Human Rights Watch interview with `Ali `Umar Abu Bakr, Tripoli, April 28, 2005.

    255 Libya ratified the ICCPR in 1976 and the ICCPR’s first Optional Protocol in 1989.

    256 ICCPR General Comment No.15: The position of aliens under the Covenant, U.N. Human Rights Committee, Twenty-seventh session, 1986.

    257 The government of Libya has stated that there are “no migrant workers per se [in Libya]; rather there are members of a foreign workforce who had contracts to do certain work in Libya.” U.N. Human Rights Committee, Third periodic report of the Libyan Arab Jamahiriya, Summary Record of the 1713rd meeting, October 27, 1998, CCPR/C/SR.1713, para. 60, available at http://www.unhchr.ch/tbs/doc.nsf/0/b49d944de4149cdc802566b300425576?Opendocument, as of March 7, 2006.

    258 Article 5 of the Migrant Workers Convention states: “For the purposes of the present Convention, migrant workers and members of their families:

    (a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which that State is a party;

    (b) Are considered as non-documented or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present article.”

    259 OAU Doc. CAB/LEG/67/3 rev.5, 21 I.L.M. 58 (1982), entered into force October 21, 1986.

    260 Convention Governing the Specific Aspects of Refugee Problems in Africa, September 10, 1969; entered into force June 20, 1974. Libya ratified the African Refugee Convention on April 25, 1981.

    261 Article 2(1) of the African Refugee Convention speaks of Contracting States using “their best endeavours, consistent with their respective legislation…” to secure asylum/settlement of refugees on their territory.

    262 In addition, Libya is a member of the Arab League, which reached a collective agreement with UNHCR on July 27, 2000, concerning cooperation and consultation, including exchange of information and data.

    263 Libya ratified the CAT on May 16, 1989 but has not ratified the Optional Protocol.

    264 Libya ratified the CRC on April 15, 1993.

    265 In its concluding observations of June 6, 2003, the CRC recommended that Libya create an effective legal framework for the protection of the rights of refugee and asylum-seeking children, in accordance with both Article 22 CRC and also Article 2 CRC (non-discrimination).

    266 See concluding observations of March 11, 2003, CERD/C/64/CO/4, and concluding observations of June 6, 2003, CRC/C/15/Add.209. The CERD Committee regretted that it had received from the reporting state party no information on non-nationals in Libya, including undocumented migrants and/or refugees.

    267 United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of November 15, 2000; entered into force September 29, 2003. Libya ratified the Convention on June 18, 2004. Libya ratified the Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children on September 24, 2004. The latter protocol contains obligations to protect and assist the victims of trafficking in persons in article 6, although there is no obligation for State Parties to grant victims permanent protection on their territory. Human Rights Watch research has not explored the issue of people-trafficking, particularly trafficking of women and children, to and through Libya, though several diplomatic sources have indicated that it is a large problem.

    268 Libya is a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its Optional Protocol.

    269 In addition, there are a number of texts that contain detailed safeguards elaborating upon this prohibition, such as the Standard Minimum Rules for the Treatment of Prisoners (adopted in 1955 and extended in 1977), the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and the 1990 Rules for Juveniles Deprived of their Liberty.

    270 See, for example, CCPR finding in A v. Australia, Communication No.560/1993, U.N.Doc CCPR/C/59/D/560/1993 (30 April 1997). See also HCR General Opinion 15/27 regarding Article 2 ICCPR: “Aliens have the full right to liberty and freedom of the person. If lawfully deprived of their liberty, they shall be treated with humanity and with respect for the inherent dignity of the person.”

    271 International Convention on the Elimination of All Forms of Racial Discrimination, adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of December 21, 1965; entered into force January 4, 1969. Libya ratified the CERD on July 3, 1968, with a reservation with regard to article 22 (on referral of cases to the International Court of Justice).

    272 Concluding Observations of the Committee on the Elimination of Racial Discrimination: Libyan Arab Jamahiriya, March 12, 2004, CERD/C/64/CO/4.