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In 2011, Libyans took to the streets to overthrow the Gaddafi regime that had been dictatorship for 42 years. In the turmoil, different communities organized to demand more rights, justice and equality. For the first time, a more democratic future seems within reach.
Ten years later, the opening of civic space is under threat, not just from the numerous militias and armed groups in Libya. In a disturbing turn to authoritarianism, the subsequent Libyan authorities used Gaddafi-era laws and new repressive measures, seemingly designed to prevent civil society organizations (CSOs) from operating freely.
If the national elections originally scheduled for December 24, 2021 are to be free, fair, and the results are accepted, the newly formed Provisional Government of National Unity (GNU) must live up to its name, revoke these measures, and allow all Libyans to participate freely in the elections. The democratic process.
One of the most positive legacy of the 2011 uprising was the birth of a vibrant civil society movement. Across the country, people from all walks of life have voiced their dissatisfaction that has not been resolved for decades, and demanded responsibility for the many brutal crimes committed by Gaddafi’s leadership.
However, as differences deepen and conflicts erupt, the feeling of hope is short-lived. Lawyers, journalists, activists, human rights defenders, parliamentarians and others have been harassed, assaulted, enforced disappearance and murdered with impunity. Recently, calls for accountability have focused on the lawless militia who ruled after Gaddafi.
Despite the dangers, many Libyans take huge risks to advocate for change. In 2019, the internationally recognized Government of National Unity (GNA) did not meet the challenge. Instead, it issued Decree No. 286, which imposed severe restrictions on civil society organizations and had the sinister repercussions of Gaddafi’s repression.The current Government of National Unity (GNU) has not cancelled these measures, but is preparing to issue a New decree Impose further restrictions.
Decree No. 286 regulates the work and activities of the Government Civil Society Committee (CCS) and requires civil society organizations to re-register. However, it does not specify the reasons why registration can be rejected, making the process vulnerable to arbitrary and abuse. The draft decree currently under consideration by GNU will create a new CCS, but it does not say how it will work or what its composition will be.
Some CSOs trying to re-register face major bureaucratic obstacles. When they tried to challenge them, CCS threatened to arrest some people and explained that they were trying to “filter and liquidate problematic civil society organizations.” In other words, independent NGOs openly oppose human rights violations by the government and affiliated militias.
Among other things, Decree No. 286 and the draft new Decree also require CSOs to obtain prior approval from CCS when raising funds, opening bank accounts, or participating in public events, and that registered CSOs must obtain permission to use any form Contact with international organizations. This restriction clearly violates international laws, standards and best practices designed to protect freedom of association.
In addition to cumbersome red tape, Decree No. 286 and the draft new Decree prohibit civil society organizations from engaging in “political activities” without defining its meaning, or any activities that CCS considers to be beyond the scope of the organization’s legal objectives. Such vague and oppressive regulations create dangerous opportunities for activists with politically motivated restrictions.
Although Decree No. 286 and the new draft decree have no clear penalties themselves, according to the criminal law and Gaddafi-era legislation, violations of the law will be punished. Minor violations may result in excessively severe penalties, including criminal sanctions such as the closure of civil society organizations, imprisonment or asset freezing, and may even lead to life imprisonment or the death penalty. In addition to violating Libya’s obligations under international laws and standards to enable civil society organizations to operate without interference, these laws may also have a chilling effect on free speech and public debates in the public interest.
The official rhetoric exacerbated the authorities’ suspicion of civil society. In 2018, Dar al-Iftaa, the country’s highest religious authority and affiliated with the state, issued a religious advisory opinion, stating that foreign organizations carrying out propaganda activities in Libya “have a foreign agenda” for espionage and that these organizations are harming national security and Benefit the Libyan people. This narrative creates a hostile environment for civil society organizations and their staff, especially citizens working on human rights and the rule of law.
In healthy democracies, civil society plays a vital role in holding the authorities accountable, balancing the rights of the minority with the interests of the majority, and strengthening local communities.As the election approaches, the interim administration must urgently resolve Seven key priorities, Including supporting civil society to defend the rights of all Libyans and encouraging broad participation in the political process.
This will increase the possibility of election freedom, fairness and peace, and enable future governments to establish legitimacy through a diverse platform based on human rights and equality.
Prior to the promulgation of Decree No. 286, the civil society movement that prevailed in 2011 had been paralyzed by armed conflict. If the course is not changed quickly, Decree No. 286 and the draft new Decree are likely to become another nail in the coffin of civil society in Libya, putting the country’s hard-won democratic gains at serious risk when it is most needed.This is why justice lawyers in Libya Started a campaign Call on GNU to immediately revoke Decree No. 286 and avoid issuing new draft laws.
In order to fulfill its mission of advancing Libya towards reconciliation and fulfill its international human rights obligations, GNU must take immediate action to abolish the repressive measures imposed by the GNA. In order to build a better future, we cannot go back to the past.
The views expressed in this article are those of the author and do not necessarily reflect Al Jazeera’s editorial stance.
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