A/HRC/28/51 United Nations General Assembly Distr.: General 12 January 2015 Original: English Human Rights Council Twenty-eighth session Agenda items 2 and 10 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Technical assistance and capacity-building Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya and on related technical support and capacity-building needs Summary The present report on the situation of human rights in Libya and related technical support and capacity-building needs is submitted pursuant to Human Rights Council resolution 25/37 of 28 March 2014. Libya is facing the worst political crisis and escalation of violence since the 2011 armed conflict. Two parliaments and governments claim legitimacy, while powerful armed groups exercise effective control on the ground, committing violations of international human rights and humanitarian law with impunity. The justice system continues to be attacked and is no longer functioning in parts of the country. In this context, the provision of technical assistance has been significantly disrupted. However, some State institutions and civil society organizations are still functioning to varying degrees and require assistance. The report gives an overview of the human rights situation in Libya and of the technical assistance provided to support key institutions and civil society actors. It contains recommendations to address the protection of civilians, improve the administration of justice and support legal reform, transitional justice and national institutions. GE.15-00375 (E) A/HRC/28/51 Contents Page I. Introduction.............................................................................................................. 1 3 II. Background.............................................................................................................. 2–10 3 III. Human rights priorities and technical support needs .............................................. 11–81 5 A. Protection of civilians...................................................................................... 11–20 5 B. Groups in focus................................................................................................ 21–40 6 C. Administration of justice................................................................................. 41–53 9 D. Legal reform.................................................................................................... 54–56 11 E. Transitional justice........................................................................................... 57–74 12 F. National institutions......................................................................................... 75–81 15 Conclusion and recommendations........................................................................... 82–85 16 IV. 2 Paragraphs A/HRC/28/51 I. Introduction 1. The present report is submitted pursuant to Human Rights Council resolution 25/37 of 28 March 2014. It was prepared in cooperation with the United Nations Support Mission in Libya (UNSMIL). The figures in the report are best estimates based on information received from members of the United Nations Country Team in Libya and other sources. The Office of the United Nations High Commissioner for Human Rights (OHCHR) continues to provide support to the human rights mandate of UNSMIL. The Director of UNSMIL Human Rights, Transitional Justice and Rule of Law Division represents the High Commissioner in Libya. II. Background 2. Since the High Commissioner’s last report to Council (A/HRC/25/42), the human rights and humanitarian situation in Libya has deteriorated amidst escalating violence and an increasingly volatile political environment. In March 2014, following controversy over the expiry date of the term of the parliament — the General National Congress —, an agreement was reached to amend the Constitutional Declaration to hold national elections on 25 June to create a new parliament — the House of Representatives. The House was to convene in Benghazi in accordance with the amended Constitutional Declaration, but in the light of the security situation, its first meeting was convened in Tobruk on 4 August 2014, and has remained there since. In February 2014, separate nation-wide elections were held for
A_HRC_28_51_ENG
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