20 September 2010
Open Letter to the President of the Fifteenth Session
Of the UN Human Rights Council
(Geneva 13 September- 1st October 2010)
20 September 2010
Subject: Libya in the Human Rights Council
Libya took its seat as member of the Human Rights Council on 13th September 2010, the first day of the council’s 15th session. The new member has also been a member of the International Covenant on Civic and Political Rights since 15 May 1970. Article 22 of the Covenant prescribes in particular that:
“Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests »
The Law in Libya (Law 71 0f 1972), the new member of the Council, prescribes :
“Article 3: Anyone who advocates the establishment of, or who founds, organizes, manages, funds or provides premises for the meetings of, any grouping, organization or faction prohibited under the terms of this Act shall be liable to the death penalty. The same penalty shall also apply to anyone who becomes a member thereof or in any way incites others to do so or who provides it with any assistance or in any way receives or obtains, directly or indirectly, money or benefits of any type from any person or body with a view to establishing or making preparations for the establishment of the prohibited grouping or organization. No distinction shall be made in regard to the severity of the penalty between a superior and an inferior, regardless of their rank in the party, grouping, organization, faction, section, cell or the like” end quote.
Considering that no political party, except for Colonel Kaddafi’s Party; the Revolutionary Committee Party; has been established in Libya during the last 41 years and ..
Considering that no election at all and at any level, national, regional or local, has been organized during the last 41 years
Can the council tell the Libyan people through an official Council Resolution that they (the Libyans) also have the rights to exercise and enjoy the rights to freedom of association as prescribed by article 22 of the ICCPR as well as by article 20 of the Universal Declaration of Human Rights? Can the Council demand the organization of general free and fair elections within a maximum period of one year to allow the Libyans to exercise their right to freely choose their Government as prescribed by article 25 of the Covenant and article 21 of the Universal Declaration which all Council members shall scrupulously respect and adhere to at all time in order to maintain and preserve their Council membership seat?