Statement No. (5) of 2022
Suspension of Resolution No. 286 of 2019 is a positive step to push Libya’s civil society to perform its work for achieving democracy, human rights, and social justice.
The Libyan Organization for Independent Media (LOFIM) welcomes the court judgment issued on Monday, 18 July 2022, by the Judiciary of Benghazi in Libya to temporarily suspend Resolution 286 of 2019, which restricts and disrupts the work of associations. LOFIM considers this provision as a crucial step and confirms that there is no hope for a true democracy and social justice without an effective role of civil society and a free and independent Media.
In June 2022, the Libyan Organization for Independent Media (LOFIM) and its partner organizations filed an appeal with the Benghazi Judiciary over the nullity of Decision No. 286 of 2019 by the Presidential Council of the Government of National Accord (GNA), which impedes and restricts the work of civil society in Libya as well as violates Libyan law. The resolution was aimed at strictly regulating the exercise of the right of freedom of association, a measure contrary to article 15 of the 2011 Constitutional Declaration, which guarantees the freedom of forming civil society organizations under a law issued by the legislative authority, not the executive authority in accordance with the ruling of the Libyan Supreme Court, and this makes the resolution lose its legitimacy.
Resolution No. 286 is also in violation to the International Covenant on Civil and Political Rights (ICCPR), containing many restrictions that would prevent the exercise of the right to association, as set forth in the International Covenant on Civil and Political Rights (ICCPR), and contrary to interpretations by the UN Human Rights Committee and the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; therefore, the provisions of Resolution No. 286 violate Libya’s international human rights obligations.
LOFIM considers today’s decision to suspend the implementation of the regulations of Resolution No. 286 as a positive step until it is withdrawn altogether, and this provision has now granted a judicial pardon to organizations that are currently committed to implementing them.
LOFIM calls on all Libyan authorities to abide by international standards of freedom of association, repeal administrative decisions and regulations that impede the work of civic groups and violate Libya’s international obligations. It also appeals to the House of Representatives to pass the Association Regulation Act, which is in accordance with the interim constitutional declaration and international standards for the right to association.
Civil society organizations in Libya are no longer obliged to implement Resolution No. 286
Tripoli | July 18, 2022