In addition, the draft constitution has removed provisions which prevented amnesties from being awarded to those who have committed human rights violations. The prevention of such amnesties is vital to encourage urgently needed accountability in order to prevent and discourage ongoing crimes which are continue to be committed with impunity across Libya. The February 2016 constitutional draft instead risks enshrining this culture of impunity and would therefore deny justice and redress to victims.
Constitution Building and Legal Reform Programme Coordinator for LFJL, Chloe Dennis, commented:
“The February 2016 constitutional draft contains numerous troubling provisions that considerably weaken the protections that are necessary for all Libyans to enjoy their fundamental human rights and inherent dignity.
“This is especially worrying for groups and individuals who are already at risk of experiencing marginalisation and rights violations in Libya. Without having their views adequately considered and represented during the drafting process, they may now be forced to live in a country whereby the highest source of law enshrines and protects discriminatory treatment against them.”
The Coalition of Libyan Human Rights Organisations therefore urges those responsible for drafting the constitution to resist pressure to adopt a “quick fix” document lacking legitimacy or adequate protections for all residing within Libya. Miss Dennis noted:
“The eventual constitution should be an aspirational document which provides legal stability in an uncertain environment. It should not be seen as a law which can be adopted now and amended later for the sake of political convenience, as this may risk inadequate protections being enshrined for generations to come.”
The Coalition remains ready to offer its further technical assistance to those responsible for drafting the constitution.