Country Reports on Human Rights Practices, 2012: Libya.

摘要

Libya is a parliamentary democracy with a temporary Constitutional Declaration that allows for the exercise of a full range of political, civil, and judicial rights. Following eight months of civil war ending with the ouster of the Qadhafi regime in October 2011, the Transitional National Council (TNC) named an interim government in November 2011. After free and fair balloting on July 7, the TNC handed over power to an elected parliament, the General National Congress (GNC), on August 8, and a prime minister was sworn in on November 14. The TNC and later the government had not established full security control throughout the country by years end. Militias formerly actively opposed to the Qadhafi regime were affiliated with or integrated into government security forces. They nominally and intermittently reported to civilian authorities but more often acted autonomously, particularly in the eastern part of the country. Qadhafis fall ended an era of systematic, state-sanctioned human rights violations, and several signs indicated that successor governments adopted a positive approach respecting human rights, such as the successful holding of elections in July, the development of a relatively freer press, and the emergence of an active civil society. Nonetheless, some abuses continued, most frequently where the elected government did not control militias. The new authorities lacked the capacity and a basic legal framework to fully protect civil and judicial rights. Qadhafi-era laws that did not contravene the TNCs 2011 Constitutional Declaration remained in force, but their applicability remained unclear, due to the lack of enforcement capability, lack of competency of the courts, and confusion over the applicability of new and old laws. The legacy of decades of personalized dictatorship, marginalized institutions, an ineffective legal framework, and isolation from the international community severely hindered government efforts to enforce the rule of law.