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Libya - Second periodic reports of States parties due in 2000: Addendum [2002] UNCRCSPR 17; CRC/C/93/Add.1 (19 September 2002)
UNITED NATIONS
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|
CRC
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|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/93/Add.1 19 September
2002
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second
periodic reports of States parties due in 2000
LIBYAN ARAB
JAMAHIRIYA*
[Original: Arabic]
[8 August
2000]
*
For the initial report submitted by the Government of the Libyan Arab
Jamahiriya, see CRC/C/28/Add.6 for its consideration by the
Committee, see
documents CRC/C/SR.432-434 and CRC/C/15/Add.84
GE.02-44560 (E)
301002
CONTENTS
Paragraphs Page
Introduction 1 -
3 10
I. GENERAL MEASURES OF IMPLEMENTATION 4 - 17 11
II. DEFINITION OF THE CHILD (art. 1) 18 - 44 17
A. Minimum legal age
specified in Libyan legislation
for access to legal and medical advice
without
parental consent 19 17
B. Minimum legal age specified
in Libyan legislation
for medical treatment or surgery without
parental
consent 20 17
C. Minimum legal age specified in Libyan
legislation
for the completion of compulsory education
21 17
D. Minimum legal age specified in Libyan legislation
for
entry to employment or the labour force 22 18
E. Minimum legal age
specified in Libyan legislation
for part-time and full-time employment
23 18
F. Minimum legal age specified in Libyan legislation
for
marriage 24 18
G. Minimum legal age specified in Libyan
legislation
for sexual consent 25 18
H. Voluntary enlistment in
the armed forces 26 18
I. Conscription into the armed forces
27 18
J. Involvement in acts of aggression
28 19
K. Criminal liability 29 19
L. Deprivation of
liberty 30 19
M. Capital punishment and life imprisonment
31 19
CONTENTS (continued)
Paragraphs Page
N. Court testimony
32 19
O. Submission of complaints to the courts and the
competent authorities 33 20
P. Participation in judicial and
administrative proceedings
affecting the child 34 20
Q. Consent
to a change of identity, family relations,
adoption or guardianship
35 20
R. Access to information on one’s biological family
36 20
S. Legal competence to inherit 37 20
T. Conclusion
of property transactions 38 21
U. Right to form and join unions
39 21
V. Choice of religion and attendance of religious classes
at school 40 21
W. Consumption of alcohol and other
controllable
substances 41 21
X. Linkage between the minimum
age for admission
to employment and the age for completion of
compulsory education 42 21
Y. Compliance with article 2 of
the Convention in cases
where the legislation differentiates between
girls
and boys 43 21
Z. Application of the principle of equality
to girls and
boys under the Penal Code in accordance with the
age of
majority criteria 44 22
CONTENTS (continued)
Paragraphs Page
III. GENERAL PRINCIPLES
45 - 103 22
A. Non-discrimination (art. 2) 45 -
58 22
B. Best interests of the child (art. 3) 59 - 86 26
1.
Child Protection and Welfare Ordinances 59 - 64 26
2. Family life
65 28
3. School life 66 - 68 28
4. Social life
69 29
5. Budget allocation 70 - 72 29
6. Adoption
73 - 75 29
7. Administration of juvenile justice
76 30
8. Placement and care of juveniles in institutions
77 30
9. Social security 78 - 86 30
C. The right to
life, survival and development (art. 6) 87 - 94 34
1. Measures
adopted to create an environment to
ensure to the maximum extent
possible the survival
and development of the child 88 -
89 34
2. Measures adopted to guarantee the registration
and verification of child deaths and their causes 90 - 92 35
3.
Measures adopted to prevent and monitor child
suicide
93 36
4. Measures adopted to prevent the risks to which
adolescents are exposed 94 36
D. Respect for the views of the child
(art. 12) 95 - 103 36
CONTENTS (continued)
Paragraphs Page
IV. CIVIL RIGHTS AND
FREEDOMS 104 - 131 38
A. Name and nationality (art. 7) 104 -
115 38
B. Preservation of identity (art. 8) 116 -
117 40
C. Freedom of expression (art. 13) 118 -
119 40
D. Freedom of thought, conscience and religion (art. 14)
120 40
E. Freedom of association and freedom of
peaceful
assembly (art. 15) 121 41
F. Protection of privacy
(art. 16) 122 - 123 41
G. Access to appropriate information (art. 17)
124 - 127 43
H. The right not to be subjected to torture or
other
cruel, inhuman or degrading treatment or
punishment (art. 37
(a)) 128 - 131 44
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 132
- 175 45
A. Parental guidance (art. 5) 132 -
147 45
B. Parental responsibility (art. 18, paras. 1-2) 148 -
150 48
C. Separation from parents (art. 9) 151 -
154 49
D. Family reunification (art. 10) 155 -
158 50
E. Illicit transfer and nonreturn of children abroad
(art.
11) 159 50
F. Recovery of maintenance for the child
(art. 27,
para. 4) 160 - 162 51
G. Children deprived of a family environment
(art. 20) 163 - 167 51
H. Adoption (art. 21) 168 52
CONTENTS (continued)
Paragraphs Page
I. Periodic review of
child placement (art. 25) 169 - 170 52
J. Maltreatment and neglect
(art. 19), including physical
and psychological recovery and social
reintegration
(art. 39) 171 - 175 52
VI. BASIC HEALTH AND
LEISURE (art. 6, paras. 3, 23, 24,
26 and 27 and art. 18, paras. 1, 2
and 3) 176 - 219 54
A. Disabled children (art. 23)
176 54
B. Health and health services (art. 24) 177 -
203 56
C. Social security and childcare services and
facilities
(art. 26 and art. 18, para. 3) 204 - 212 68
D. Standard of living
(art. 27, paras. 1, 2 and 3) 213 - 219 70
VII. EDUCATION, LEISURE AND
CULTURAL ACTIVITIES 220 - 303 73
A. Education, including vocational
training and guidance
(art. 28) 220 - 269 73
B. Aims of education
(art. 29) 270 - 290 92
C. Recreation, leisure and cultural activities
(art. 38) 291 - 303 97
VIII. SPECIAL MEASURES FOR THE PROTECTION
OF
CHILDREN 304 - 357 100
A. Children in situations of emergency 304 -
308 100
1. Children of refugees (art. 27) 304 - 306 100
2.
Children in armed conflict (art. 38) 307 - 308 101
B. Children subject
to the system for the administration
of juvenile justice 309 -
331 101
1. The administration of juvenile justice (art. 40) 309 -
319 101
CONTENTS (continued)
Paragraphs Page
2. Children deprived
of their liberty, including by
means of any form of detention,
imprisonment
or placement in a custodial institution
(art. 37, paras. (b) and (d)) 320 - 330 103
3. Sentencing of
minors, with special reference to
the prohibition of capital
punishment or life
imprisonment (art. 37 (a))
331 104
C. Children in situations of exploitation, with
specific
reference to their physical and mental rehabilitation
and
social reintegration (art. 39) 332 - 356 104
1. Economic
exploitation, particularly child labour
(art. 32) 332 -
338 104
2. Drug abuse (art. 32) 339 - 342 105
3. Sexual
exploitation and sexual abuse (art. 34) 343 - 352 106
4. The sale
of, traffic in, or abduction of children
(art. 35)
353 107
5. Other forms of exploitation (art. 36) 354 -
356 107
D. Children belonging to a minority (art. 30)
357 108
REFERENCES
109
Paragraph Page
Table 1 Social
institutions 63 27
Table 2 Centres and schools
176 56
Table 3 Places of birth of the population (urban and rural)
181 58
Table 4 Breakdown of health facilities by category
182 59
Table 5 Total number of hospitals and primary
health-care
facilities 182 59
CONTENTS (continued)
Paragraph Page
Table 6 Comparison of
health facilities in 1969 and 1998 182 59
Table 7 Growth in number of
beds over 20 years 182 59
Table 8 Number of inhabitants per bed
182 60
Table 9 New vaccination schedule 183 60
Table 10
Vaccination coverage in the Jamahiriya 183 61
Table 11 School health
in the academic year 1997/98 187 62
Table 12 Number of seventh grade
students vaccinated 187 62
Table 13 Reported cases of HIV/AIDS
189 63
Table 14 Health indicators 203 67
Table 15 Income
distribution, by area 214 70
Table 16 Budgeted public spending
(allocations) by sha’biyya 216 71
Table 17 Percentage of
rural and urban households which own
consumer durables
217 71
Table 18 Average per capita income as a proportion of GDP
218 72
Table 19 Basic education development indicators for the
period
1986 to 1999 246 83
Table 20 Number of female students in
basic education as a
proportion of all students at that level (1969/70
to 1998/99) 246 83
Table 21 Number of students, teachers and
classes at the intermediate
and secondary school stages (1984/85 to
1998/99) 246 84
Table 22 Number of female students in secondary
education
(general secondary and intermediate education) as
a
proportion of all students (male and female) at this
stage (1969/70 to
1998/99) 246 84
CONTENTS (continued)
Paragraph Page
Table 23 Increase in the
number of students in higher education
and training in the period from 1975
to 1999 246 85
Table 24 Number of female students at Libyan
universities, and
as a percentage of all students (1970/71 to 1998/99)
246 85
Table 25 Number of specialized secondary schools and
(male
and female) students for the 1997/98 academic year
249 86
Table 26 Official Gazette 263 90
Introduction
- Representing
official bodies and community organizations, as well as experts and officers
working in the different child-related sectors
in the Great Jamahiriya, the
committee which prepared this report (hereafter “the Committee”)
would like to express its
gratitude and appreciation to the Committee on the
Rights of the Child for its work on behalf of children everywhere and for its
monitoring of the legislative acts and implementing plans and programmes that
are designed to ensure the development of the child,
protect his interests and
safeguard his right to life and development. The Jamahiriya supports and
promotes this approach and looks
forward to its further
success.
- The
Committee made every possible effort in preparing this report to ensure that it
genuinely reflected the true situation of the
Libyan child and the progress
achieved as a result of the integrated social policies which the Great
Jamahiriya is endeavouring to
implement with a view to guaranteeing the rights
of the child, as laid down in Libyan legislation and the Convention on the
Rights
of the Child.
- In
submitting this report, the Committee would like to highlight the following
remarks:
(a) The Committee is of the view that the quantity and
quality of the information and data on the Libyan child have vastly improved
and
progressed; such data is now a key area of focus, both in the government
institutions concerned with children’s affairs
and in the National
Organization for Information and Documentation, a central body with a number of
branch offices which has systemic
mechanisms for gathering data on the
inhabitants of Libyan Arab society, including children, and on the special
characteristics,
different activities and overall social welfare of those
inhabitants. In 1998, the Higher Committee for Children also established
a
centre for information on children, which served as a major source of the
information and data cited in this report;
(b) The Committee is also of
the view that coordination among the various child-related bodies is much
improved now that the Higher
Committee for Children has been restructured to
include as part of its administrative set-up representatives of all government
institutions
concerned with children’s affairs, who, together with
representatives of community organizations and competent experts from
centres of
learning and from advisory, welfare and social service centres, take part in the
Committee’s programme planning
and design activities. In order to secure
the protection of the child and his best interests, the Higher Committee for
Children
has been vested with the authority to monitor and investigate any
contravention affecting the interests and rights of the child;
(c) In
order to call attention to decentralization and ensure access to services, the
Jamahiriya was divided into 26
sha’biyya,[*] each of which has its
own budget and resources. Each sha’biyya can also be held
accountable and is authorized to take action in the interests of
progress in
all sectors, including the children’s sector. Children’s programmes
are therefore the direct concern of the
local people’s administration,
without the need for reference to any central institution;
(d) In
conjunction with judicial, scientific and educational bodies, the Higher
Committee for Children assembled all the legislation
relating to children in the
Jamahiriya. Experts and judges were commissioned to join in this effort and
workshops were held in order
to examine, catalogue and review such legislation
with a view to introducing the amendments needed to ensure the best interests of
the child.
I. GENERAL MEASURES OF IMPLEMENTATION
- On
15 April 1993, the Jamahiriya, without reservations, signed the Convention on
the Rights of the Child, which entered into force
on 15 May
1993.
- With
the promulgation of Act No. 2 of 1992 ratifying various conventions, including
the Convention on the Rights of the Child, the
latter became an integral part of
the national legislation and, by virtue of that ratification, acquired a legal
force that is binding
on the courts and national authorities. There are no
inconsistencies between the Convention and the national legislation, except
that
article 21 of the Convention provides for adoption, which is prohibited by the
Holy Koran and is consequently not decreed by
the Islamic Shariah. Instead of
adoption, the national legislation provides for fosterage and hosting.
- The
national legislation and practices are in harmony with the principles and
provisions of the Convention; a comparison of the Convention
with Libyan
legislation shows that all the articles of the Convention are applied in the
legislation, with the exception of very
few on which workshops are now
being held as a preliminary to their practical application. All the
child-related legislation in
Libyan law has been assembled, catalogued, analysed
and compared with the Convention on the Rights of the Child in order to
identify,
address and rectify any omissions and bring it into line with the
Convention.
- Libyan
court rulings abound in principles designed to achieve justice for children.
They also apply the principles and provisions
of the Convention, particularly in
custody and maintenance cases, as well as the principles of Shariah law,
numerous provisions of
which are replicated in the Convention. Such rulings,
however, are not governed by the provision or form of the articles in the
Convention but by their substance, as prescribed by the Islamic Shariah, the
Civil Code and local legislation, with which the Convention
is in
keeping.
- In
the event that the rights recognized in the Convention are violated, the general
rule applied is that the law protects the rights
recognized in conventions which
have been ratified. The prescribed methods of legal protection vary, depending
on the nature of
those rights. In the case of rights relating to personal
status, such as the protection of minors and matters of custody, maintenance
and
inheritance, the means of remedy are laid down in the Code of Shariah Procedure
and the Code of Civil Procedure, which stipulate
the method to be followed in
instituting proceedings in the court competent to judge the claim. In the case
of rights relating to
civil matters, such as culpable liability and the
performance of obligations specified in the Civil Code, the Code of Civil
Procedure
sets out the method to be followed in instituting proceedings in the
courts competent to order satisfaction of the claim and award
compensation for
damage. As for criminal claims made in order to protect the child from forms of
abuse within the family and home,
the Penal Code cites 34 instances in which
protection is a must and which are treated as matters of public claim to be
pursued by
the Department of Public Prosecutions before the competent criminal
court. Failing such action by the Department of Public Prosecutions,
the
injured party may directly institute criminal proceedings by submitting an
initiatory pleading of misdemeanour to the competent
court. He may also seek
award of the necessary compensation for any moral or physical damage which he
has suffered. Likewise, he
may intervene as a civil plaintiff in any criminal
court proceedings instituted by the Department of Public Prosecutions. If the
claim is connected with a matter on which the enforcement of an administrative
decision issued by the competent administrative authority
is dependent or if
that authority fails to enforce the decision in question, the concerned party
may seek the necessary compensation
from the administrative division of the
court of appeal in settlement of the administrative and civil aspects of his
claim.
- As
for the steps taken to adopt a national strategy for children modelled on the
Convention, various national action plans and relevant
objectives in the field
of children’s rights were already in place before the Convention was
ratified and were also taken on
board in a number of legislative enactments,
including the following:
(a) The Primary, Preparatory and
Secondary School Ordinance, published in Official Gazette No. 10 of 1974 and
designed to achieve
the full mental, physical, spiritual, psychological and
social development of the child;
(b) The Education Act No. 134 of
1970;
(c) The Compulsory Education Act No. 95 of 1975;
(d) Act
No. 118 of 1972 establishing the Higher Council for National Guidance, which
determines the citizen’s relationship
with his family and homeland and
emphasizes the concepts of true freedom for both the homeland and the citizen,
concepts which should
be sworn by, defended and constantly upheld. The Act also
emphasizes the need to maintain exemplary morals and noble qualities in
building
the homeland and its citizens and addressing the causes of
underdevelopment;
(e) The basic people’s congresses issued a
series of child-related recommendations, adopted by the General People’s
Congress
on 17 June 1991, among them a comprehensive national strategy for
children modelled on the Convention and highlighting various matters,
including
the need to:
− Promote child protection and welfare programmes;
− Table child protection and welfare bills;
− Promote sound family circumstances prior to childbirth in order to
ensure the development of a healthy baby, as free as possible
from hereditary,
congenital or other abnormalities, by providing for medical examinations and
checkups prior to marriage and health
care for pregnant mothers and their unborn
children;
− Provide support for neonatal wards and children’s hospitals in
general and for primary health care through vaccination
of children against
communicable diseases, monitoring of the different stages of child development
and early detection of any disorders
before they reach a critical
stage;
− Provide material and moral support for large families, ensuring the
welfare of their young members, and, in the case of disabled
and socially
disadvantaged children, reducing the dependence on the services of homes and
hostels in recognition of the principle
that the family is the ideal natural
environment;
− Encourage families and institutions to make provision for the benefit of
their children and residents;
− Provide permanent sources of independent financing for social welfare
institutions and children’s programmes through
investment, grants of
facilities and use of part of the revenue of religious endowments for social
welfare, given that it is a form
of charity;
− Ensure that children enjoy sound social relationships in order to
protect them from cruelty and ill-treatment;
− Promote a social approach to child-rearing in educational and social
establishments in order to develop the child’s
gifts and creative
abilities;
− Ensure effective participation in children’s activities at the
local, national and international levels;
− Amend the labour regulations in such a way as to enable working mothers
to remain with their children for as long as possible.
- The
foregoing constitutes the national action plan on children’s rights and
the relevant objectives.
- In
order to ensure implementation of the Convention, the Child Protection Act No. 5
of 1997 was promulgated. Article 12 of the Act
provided for the
establishment of a higher committee, named the Higher Committee for Children,
which would be responsible for elaborating
the necessary child welfare plans and
programmes, monitoring the authorities competent to implement the provisions of
the Act and
issuing the requisite directives in that regard. The composition of
the Committee, its operational structure and the authority to
which it would be
attached was to be decided by the General People’s Committee, which
adopted decision No. 100 of 1998 establishing
the Higher Committee for Children,
a national committee of experts with its own legal personality and financial
independence. It
has branches in most parts of the country and exercises its
authority in those areas where it has a presence.
- The
public authorities competent in the matters covered by the Convention can be
listed as follows:
(a) Day nurseries;
(b) Educational
institutions;
(c) Health institutions;
(d) The Department of
Civil Status;
(e) Social welfare homes;
(f) The Environmental
Protection Agency;
(g) The Department of Passports and
Nationality;
(h) The Children’s Cultural Section of the
Secretariat of Information;
(i) The National Committee on Education and
Culture;
(j) The Permanent International Organization for Jamahiri
Youth;
(k) The Social Security Fund and the Social Welfare
Fund;
(l) The Labour Organization;
(m) The General Organization
for Youth and Sports;
(n) The General Organization of Boy
Scouts;
(o) The Department of Consular Affairs;
(p) The National
Education Centre;
(q) The National Training Centre;
(r) The
Higher National Committee for Family Welfare;
(s) The Social Welfare
Asset Investment Organization;
(t) The National Committee for the
Welfare of Disabled Persons;
(u) The Social Recreation Committee of the
Social Security Fund;
(v) The Anti-Psychotropic Substances Department of the Internal Security
Organization;
(w) The Home Guard (for monitoring young market
workers);
(x) The People’s Advocacy Department (for the defence of
juveniles on a
pro bono basis);
(y) The Juvenile Court and the Department of Juvenile
Prosecutions;
(z) Police stations and the Department of Criminal
Investigation.
- As
for the steps taken to ensure the effective performance of their activities,
these bodies are regulated by the legislative enactments
in force in the form of
laws, decisions and ordinances which determine the mechanisms to ensure that
they operate efficiently. Their
work performance is constantly improving within
the limits of their available resources, expertise, capabilities and period in
existence,
bearing in mind that some of them are still fledgling bodies which
are in the process of developing their potential. As for the
steps taken to
ensure that the activities of the central, regional and local authorities are
effectively coordinated, the Higher
Committee for Children receives comments and
recommendations from those of its branches which maintain contact with the local
authorities
in the regions. The Committee also successfully interceded for
amendment of the Family Record Book Act in order to allow divorcees
who have
custody of their children to be issued with a family record book (previously
issued only to the husband in a divorce, thus
obstructing the divorcee’s
access to civil status documents). The Code of Procedure was also amended so
that article 103 bis
now stipulates that: “In divorce proceedings, the
court may order the defendant husband to appear. If he fails to do so without
legitimate cause, it may deliver its judgement, which shall be unappealable, by
default.” This provision is intended to protect
the injured wife against
the failure of her husband to attend court for their divorce hearings. It also
protects children, whose
circumstances may deteriorate as a result of the injury
to their mothers.
- With
a view to ensuring the collection of data on children, the General
People’s Committee adopted decision No. 772 of 1989
establishing a total
of 17 sectoral information and documentation centres, as well as decision No.
1011 of 1990 regulating the activity
of the administrative structures of the
national information system and decision No. 149 of 1993 establishing the
National Organization
for Information and Documentation. The sectoral
information and documentation centres were established to provide key
information
and data assistance to the National Organization for Information and
Documentation. These centres are seen as sectoral focal points
in the national
information network and are connected to international information networks
through the National Centre for Information
and Documentation. On 14 May 1990,
the National Information and Documentation System Act No. 4 of 1990
was promulgated. The above
measures ensure regular information-gathering on the
different sectors of society, including children and their fundamental rights.
Such information has a significant impact on the evaluation of a variety of
current trends and is also used as a basis for policy-making
in connection with
the rights of the child.
- The
steps taken to conduct regular evaluations of the progress achieved in
implementing the Convention are as follows:
(a) Regular
technical meetings are held by those concerned with children’s
affairs;
(b) Technical workshops are held on specific subjects relating
to implementation of the Convention;
(c) Studies and field surveys are
conducted with a view to pinpointing the difficulties encountered in
implementing the Convention;
(d) A comparative legal study of the
Convention and Libyan domestic legislation was carried out by reviewing each
article of the
Convention, paragraph by paragraph, and demonstrating its
legislative and executive applications in Libyan society. This study is
considered to be a first step in evaluating the progress achieved in matters
relating to the Convention.
- Information
on use of the maximum available resources in order to ensure the realization of
economic, social and cultural rights is
as follows.
Steps taken to coordinate economic and social
policies
- On
17 June 1991, the General People’s Congress formulated the decisions of
the basic people’s congresses concerning adoption
of the Child Protection
and Welfare Ordinance which had been submitted, with emphasis on the
following:
(a) The promotion of child protection and welfare
programmes;
(b) The tabling of bills or amendments to the laws in force
that tie in with the directions in Jamahiri society with a view to achieving
child protection and welfare;
(c) The economic aspects covered in
paragraphs 10, 11 and 19 of the Ordinance; paragraph 10 stipulates the provision
of material
and moral support for large families in order to ensure the welfare
of their young members, and, in the case of disabled and socially
disadvantaged
children, reduce dependence on the service of homes and hostels in recognition
of the principle that the family is
the ideal natural environment. Paragraph 11
of the Ordinance encourages the family and institutions to make provision for
the benefit
of their children and residents. Paragraph 19 of the Ordinance
provides for permanent sources of independent financing for social
welfare
institutions and children’s programmes through investment, grants of
facilities and use of part of the revenue of religious
endowments for social
welfare, given that it is a form of charity. Paragraphs 5, 6, 8, 13, 15, 18 and
20 of the Ordinance also set
out the steps to be taken to implement social
policy, as well as the methods of doing so in order to coordinate those steps
with
economic policy, consisting of the following: ensuring the child’s
social relations, in the family, educational establishments
and society, are
based on sound and human principles; authorizing inspections and monitoring by
social workers on the basis of systematic
programmes and legally established
procedures; ensuring that all families and children have access to welfare
facilities through
mobile teams in the case of non-sedentary population clusters
and through social education centres in settled areas; developing the
child’s aptitudes by adopting a social approach to child-rearing in all
bodies dealing with children and providing social welfare
institutions with the
necessary resources; seeking the assistance of families, social workers and the
district people’s committee
as an alternative to the official police
authorities in dealing with the problems of delinquent children; increasing
maternity leave
to six weeks with full pay, as well as granting working mothers
who are nursing greater opportunity to spend more time with their
children
without loss of income; and establishing social service offices within their
respective spheres of functional competence
in child-related sectors, such as
social security, health, youth, education and training, in order to coordinate
the endeavours of
those concerned.
II. DEFINITION OF THE CHILD (art. 1)
- Article
1 of the Convention defines the child as “every human being below the age
of 18 years unless under the law applicable
to the child, majority is
attained earlier”. Article 9 of Act No. 17 of 1992 regulating the
situation of minors and those
of equivalent status stipulates that: “The
age of majority is 18 years.”
A. Minimum legal age specified in Libyan legislation for
access
to legal and medical advice without parental consent
- Where
such access is fully beneficial, the minimum legal age is the age of
discernment, which, in accordance with article 3 of the
Act regulating the
situation of minors and those of equivalent status, is seven
years.
B. Minimum legal age specified in Libyan legislation for
medical
treatment or surgery without parental consent
- In
accordance with article 10 of the Medical Liability Act No. 17 of 1986, the
minimum age for such treatment or surgery is the age
of majority, or, in other
words, 18 years, unless at least two doctors state that the operation is vitally
urgent and parental consent
cannot be obtained.
C. Minimum
legal age specified in Libyan legislation
for the completion of
compulsory education
- Article
2 of the Compulsory Education Act No. 95 of 1975 stipulates that its provisions
apply to children who are under 6 and not more than 15 years of age at the time
of
its entry into force.
D. Minimum legal age specified in Libyan legislation
for
entry to employment or the labour force
- Article
15 of the Child Protection Act No. 5 of 1997 prohibits the employment of
children in any occupation except for purposes of
education and vocational
training and provided that it complies with the child’s wishes. Article
92 of the Labour Act specifies
15 years as the age at which children may be
employed and 18 years in the case of hazardous occupations, unless a permit for
the
employment of a child in certain industries and activities is issued by the
competent authorities.
E. Minimum legal age specified in
Libyan legislation
for part-time and full-time
employment
- Article
93 of the Labour Act specifies 15 years as the age at which juveniles may engage
in part-time employment. Only persons who
are not juveniles, or who, in other
words, have attained 18 years of age, may engage in full-time employment.
Article 18 of the
Civil Service Act No. 55 of 1976 specifies 18 years as the age
at which a person may be appointed to public service.
F. Minimum legal age specified in Libyan legislation for
marriage
- Article
6 of Act No. 10 of 1984 regulating marriage and divorce and their consequences
specifies that a person becomes eligible for
marriage on attaining 20 years of
age and that the court may, with the consent of the guardian, authorize marriage
before that age
if it believes it to be advantageous or
beneficial.
G. Minimum legal age specified in Libyan legislation for
sexual consent
- The
Libyan Penal Code prohibits offences, including sexual offences, against young
persons under 18 years of age. Sex may only take
place within the framework of
the laws regulating marriage.
H. Voluntary enlistment in the armed forces
- In
accordance with article 6 (b) of the Military Service Act No. 40 of 1974, the
minimum age for voluntary enlistment in the armed
forces is 17 years. Exemption
from the age limitation may be granted by a decision of the Chief of General
Staff of the Armed Forces,
as permitted under Act No. 6 of
1977.
I. Conscription into the armed forces
- Article
1 of the National Service Act No. 9 of 1987 stipulates that: “National
service shall be compulsory for every male citizen
who has attained 18 years of
age and is no older than 35, provided that he is medically
fit.”
J. Involvement in acts of aggression
- On
1 September 1991, the Mobilization Act No. 21 was promulgated. Article 4 of the
Act stipulates that a declaration of general mobilization
shall, until such time
as it ends, result in the deployment of all human and material resources in the
service of the war effort.
Article 1 defines human resources as male and
female citizens having attained 17 years of age, provided that they are
physically
capable of engaging in combat, work and productive activities.
K. Criminal liability
- A
minor under 14 years of age is not criminally liable. A minor who is over 14
but under 18 years of age when he commits an offence
and who is capable of
discernment and of exercising willpower is held to be criminally liable. The
penalty imposed on him, however,
is reduced by two thirds in accordance with
articles 80 and 81 of the Penal Code.
L. Deprivation of liberty
- If
a minor over 7 and under 14 years of age perpetrates an act which is regarded as
an offence in law, he is not held criminally liable.
Instead, the judge takes
appropriate preventive measures in his regard in accordance with article 80 of
the Penal Code. Custodial
penalties are applicable to minors under 14 and over
18 years of age, although the term of the penalty is reduced by two thirds in
accordance with article 81 of the Penal Code. If the minor is incapable of
discernment, however, he is treated in the same way as
a minor who is not
criminally liable in that he is either committed for a period of less than one
year to a juvenile education and
guidance centre as a preventive measure or he
is monitored by his family or by a social assistance institution which is in a
position
to perform such monitoring, in accordance with articles 150
and 151 of the Penal Code.
M. Capital punishment and life imprisonment
- If
a minor who is criminally liable commits a felony which carries the death
penalty or life imprisonment, those penalties are commuted
to a term of
imprisonment of not less than five years. A convicted minor serves his
sentence in a facility reserved for criminally
liable juveniles, where he
undergoes a special regime of education and guidance designed to serve as a
deterrent and to prepare him
to become an honest member of society, in
accordance with article 81 of the Penal Code.
N. Court testimony
- In
civil cases, the statements of any person under 14 years of age are heard
unsworn and for evidentiary purposes only in accordance
with article 183 of the
Code of Civil and Commercial Procedures. In criminal cases, witnesses who have
attained 14 years of age
must take an oath before giving testimony. Witnesses
who have not attained 14 years of age may give unsworn testimony for evidentiary
purposes in accordance with article 256 of the Code of Criminal
Procedure.
O. Submission of complaints to the courts and the
competent authorities
- In
this regard, a distinction must be made between the act of bringing legal
proceedings and that of lodging a complaint. Legal proceedings
are brought
before the court and the person who institutes such proceedings must be legally
competent. In other words, he must have
attained the age of majority, which is
18 years. If he is legally incompetent, any legal proceedings must be brought
by his guardian.
The rule is that “proceedings instituted by or against a
person who is legally disqualified are consequently inadmissible
or invalid on
the grounds of his incapacity”. Any person of any age has the right to
lodge a genuine complaint with the administrative
and criminal authorities.
P. Participation in judicial and administrative
proceedings affecting the child
- In
order to intervene in judicial proceedings or be brought into such proceedings
in pursuit of a claim against him, a person must
be legally competent insofar as
he has attained majority (18 years of age). Any person not having attained that
age is to be represented
by his guardian, as is also the case in regard to
official administrative procedures.
Q. Consent to a change of identity, family relations,
adoption or guardianship
- Judicial
proceedings must be instituted in connection with such matters, for which
purpose the age of majority (18 years) must have
been attained.
R. Access to information on one’s biological
family
- Although
the term “biological family” is not spelt out in this report, access
to such information is a right guaranteed
by law to every individual in Libyan
Arab society.
S. Legal competence to inherit
- A
minor may not take control of his assets before he has attained the age of
majority. His guardian or trustee, however, may, with
the authorization of the
competent court, give full or qualified permission for a minor over 15 years of
age who is capable of discernment
to administer all or some of his assets under
his supervision, if he believes that the minor has that capability. A minor who
has
been given such permission is regarded as legally competent in regard to the
matters in question and permission may be withdrawn
or qualified by the person
concerned should it become apparent to him that it is in the minor’s
interest to do so. A minor
who has been given permission to administer his
assets must provide the competent court with an annual account of his
transactions
and the views of his guardian, trustee or custodian are sought when
the account comes under consideration. The court may restrict
or withdraw its
authorization if it has reason to fear that the assets remain under the
minor’s control. These provisions
are stipulated in chapter I of Act No.
17 of 1992 regulating the situation of minors and those of equivalent
status.
T. Conclusion of property transactions
- In
chapter I of the above-mentioned Act, the transactions of a minor who is capable
of discernment are deemed valid if they are entirely
to his advantage and
invalid if they are entirely to his disadvantage. Transactions which are a
combination of advantages and disadvantages
may be invalidated in the interests
of the minor, although the right to invoke their invalidity lapses if they are
authorized by
the minor after he attains the age of majority or if they are
authorized by his guardian or the court, as the case may be.
U. Right to form and join unions
- The
right to form and join unions is regulated by the Associations Act No. 111 of
1970, which applies to all non-governmental organizations, with the exception of
clubs, boy scout organizations and student
unions, to which other laws are
applicable. Children may form associations in their schools or residential
neighbourhoods.
V. Choice of religion and attendance of religious classes
at school
- Libyan
Arab society professes the religion of Islam and its children are consequently
Muslims. One of the requirements of the Islamic
faith is the recognition of the
other divine religions. Non-Muslim children studying in Libyan schools are not
required to attend
religious classes. Foreign community schools attended by
non-Muslim children who are resident in the Jamahiriya follow their own
special
curricula.
W. Consumption of alcohol and other controllable
substances
- The
law prohibits the acts of handling, possession and consumption of alcohol,
narcotic drugs and other harmful psychotropic substances,
which are punishable
as felonies in Libyan law. Similarly, any person in possession of medicinal
items, including toxic or dangerous
substances, without the licence required by
law is punished with imprisonment and a fine of not more than 500 dinars, in
accordance
with the Health Act No. 106 of 1973. This provision applies to
narcotic substances which are not listed in the Narcotics
Act.
X. Linkage between the minimum age for admission to
employment
and the age for completion of compulsory
education
- In
accordance with article 92 of the Labour Act, the minimum age for admission to
employment is 15 years. Young people may not be
present in the work place under
that age, which is the normal age for the completion of compulsory education.
The right of the child
to education is unaffected, unless he fails or drops
out.
Y. Compliance with article 2 of the Convention in cases
where
the legislation differentiates between girls and
boys
- Article
2 of the Convention, which prohibits discrimination of all forms and states that
all appropriate measures must be taken to
ensure that the child is protected
against all forms of discrimination practised on the basis of the status of the
child’s
legal guardians, is supported by the principle of equality
prescribed by the laws in force, most recently the Promotion of Freedom
Act No.
20 of 1990 which provides that: “Citizens are free and have equal rights
which may not be prejudiced.”
Z. Application of the principle of equality to girls and boys
under
the Penal Code in accordance with the age of majority
criteria
- Under
the Penal Code, minors having attained 14 years of age are held to be criminally
liable on an equal basis, without distinction
between boys and girls.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
- The
principle of non-discrimination is stated as a binding principle in the
Constitutional Declaration promulgated by the Revolution
Command Council on 11
December 1969, article 5 of which stipulates that: “All citizens are
equal before the law.” The
Promotion of Freedom Act No. 20 of 1991 also
stipulates that: “Both male and female citizens in the Great Jamahiriya
are free
and have equal rights which may not be prejudiced.” This
provision is in keeping with principle 17 of the Great Green Document
on Human
Rights in the Age of the Masses, promulgated on 12 June 1988 by the General
People’s Congress, which stipulates that:
“The members of the
society of the Jamahiriya reject any discrimination among human beings on the
basis of their colour, religion
or culture.” There is no provision
specific to children, however, given that the Convention was ratified in 1991.
In any
event, the provisions of the Convention per se were incorporated into the
internal legislation following their ratification under
a law promulgated by the
General People’s Congress, as a result of which the Convention acquired
legal force on three different
bases:
(a) It is a general
treaty of interest to the international community as a whole and is therefore a
source of international law;
(b) It was ratified by the people, who are
the holders of the supreme authority by law, and is therefore binding on every
individual
in the country;
(c) The principles of the Convention cannot
be rendered null and void, having been firmly established through international
customary
law. Recourse may therefore always be had to those principles as
customary rules.
- The
Higher Committee for Children is a national mechanism for monitoring the
implementation of the Convention with a view to guaranteeing
the rights of the
child through official government organs.
- One
of the main objectives of the Great Revolution of 1 September 1969 which took
place in the Libyan Arab Jamahiriya was to prevent
and combat discrimination in
both law and practice. Issued on 1 September 1969, the first communiqué
of the Revolution Command
Council comprised the Proclamation of Revolution,
which decreed that the Libyan Arab Jamahiriya was to pursue the path of social
justice and guarantee the right of equality for its sons and daughters, who
would be neither oppressed nor wronged, neither master
nor servant, but free
brothers. On 2 March 1977, the Declaration Establishing the People’s
Authority was also promulgated,
stipulating in article 2 that: “The Holy
Koran is the social code.” Guided by these principles, steps were
accordingly
taken to prevent and combat discrimination in both law and
practice.
- In
order to reduce economic, social and geographical differences, including
disparities between rural and urban areas, and thus prevent
discrimination among
children, the State implemented many of the comprehensive social and economic
development programmes which formed
part of the economic and social transition
plans for the period 1970-2000. These included a special section on local
development,
to which end programmes and plans were essentially geared to rural
and remote areas and proved to be of direct benefit to rural families
and
children. A number of other economic and social projects were also implemented
throughout the Jamahiriya in a comprehensive
and balanced manner. In the
context of those projects, families and children acquired a host of benefits, as
well as protection
and care in the health, social and educational fields. In
all of its development plans, the Jamahiriya endeavours to apply social
justice
and to eliminate geographical and social disparities among the regions. All
services and development projects are therefore
carried out on the basis of
needs and population density.
- On
24 June 1985, the Basic Allowances Act No. 16 of 1985 was promulgated, providing
for the guaranteed receipt of a cash benefit from
social security, without any
requirement for those eligible to pay contributions in accordance with the terms
and conditions prescribed
by law, by the following categories: elderly persons,
invalids, widows and orphans whose means of support have been curtailed or
restricted. The word “orphan” means a minor whose father is
deceased or whose parentage or kinship is unknown. An orphan
is entitled to the
basic allowance until the age of 18. The period of entitlement is increased to
the age of 28 years for university
students. Those whose means of support have
been curtailed refers to children in a family with a member who has been a
hospital
patient for over two months or held in detention, in preventive custody
or in execution of a court judgement for over two months,
as well as children in
the family of a martyr or a person who is missing, absent or in captivity and
the minor children of a reliable
person who is denied the basic allowance owing
to the existence of a legitimate and able family provider. The basic allowance
is
also granted to any person whose incapacity is not less than 60 per cent and
to any person in confinement as the result of a mental
illness causing
incapacity of not less than 60 per cent.
- On
5 October 1955, a law on young vagrants was promulgated to address the welfare
of child beggars, street children living outside
the family fold, children
without a family provider, children associating with persons of dubious
character and children who collect
refuse, waste and cigarette ends or who
assist persons employed in prostitution and gambling. The welfare procedure
entails the
issuance of a ruling - at the request of the Department of Public
Prosecutions - for the child to be handed over to his rightful
guardian, a
charitable foundation or a State-recognized establishment. If the child returns
to vagrancy within one year, the court
issues an order committing him to an
institution for juveniles, a charitable foundation or a recognized
establishment.
- As
for invalid children, Act No. 3 of 1981, as amended by the Disabled Persons Act
No. 5 of 1987, was promulgated, granting entitlement
to the following
benefits:
(a) Shelter;
(b) A domestic help
service;
(c) Prosthetic limbs;
(d) Training or
rehabilitation;
(e) Suitable employment for trained or rehabilitated
persons;
(f) Follow-up of those in employment;
(g) Exemption of
those in employment from taxes and charges;
(h) Enjoyment of public
transport facilities;
(i) Exemption from customs duty on items which
they are obliged to import on account of their disability;
(j) Ease of access to public places.
- A
national committee for the welfare of disabled persons has been created and is
endeavouring to establish living conditions for disabled
persons similar to
those available to the able-bodied. It aims to integrate disabled persons
within their communities, achieve their
full participation in the development of
society and promote their productive capacities.
- The
measures adopted included promulgation of the Social Welfare Ordinance
on 15 September 1979, pursuant to which social welfare services are
provided to persons in receipt of social security benefit through
the social
service and welfare sections of the sha’biyyat, which run day
nurseries, residential kindergartens for children without a family provider,
care homes for boys and girls over 6
and under 18 years of age and education and
guidance centres for juveniles under 18 years of age who have been sentenced to
punishment.
- Various
measures have been adopted with a view to eliminating discrimination against
girls, including the following:
(a) Any legal, administrative or
social obstacles in Libyan Arab society to preclude the entry of girls into any
field of education
or training at home or abroad have been
removed;
(b) Education among girls has been increased, together with the
establishment of girls’ schools;
(c) Efforts are being made to
establish coeducational schools;
(d) Opportunities are available for
girls to join the police and the armed forces, graduate as officers and hold
judicial office;
(e) In 1986, the General People’s Congress adopted
its decision to feminize the administrative apparatus and permit women to
hold
positions normally occupied by men in the administrative organs, as well as its
decision to devote concern to the female element
in the services
sector;
(f) The Promotion of Freedom Act No. 20 of 1991 provides for the
equality of males and females and stipulates that any prejudice of
their rights
is impermissible;
(g) Act No. 7 of 1989 ratifying the Convention on the
Elimination of All Forms of Discrimination against Women was
promulgated.
- In
addition to the detailed information-gathering on the above-mentioned and other
categories of children carried out by the National
Centre for Documentation and
Information, such information-gathering is carried out on a daily basis by
various public bodies which
automatically collect data on the cases with which
they are dealing, such as:
(a) Courts, departments of public
prosecutions and welfare homes, which have detailed information on delinquent
children and children
seeking maintenance;
(b) The Department of Civil
Status, which has information on illegitimate children;
(c) Schools,
which have information on children who are committed to education and children
who drop out;
(d) Homes for the disabled, which have detailed
information on disabled children.
- Statistics
are also gathered by independent organizations specializing in
informationgathering and documentation, as stated in paragraph
12.
- The
measures taken to prevent and eliminate hostile attitudes to children, which
increase social and ethnic tensions, as well as racism
and xenophobia, are part
and parcel of the tasks mentioned in the above paragraphs. The law also
prohibits assaults on children
and others for any reason. Foreign children also
enjoy their right to attend national schools or schools established by foreign
communities in accordance with their own educational systems and supervised by
their missions.
- In
order to guarantee the protection of children from discrimination on the basis
of the status, activities, opinions or beliefs of
the child’s guardian,
the law in the Great Jamahiriya prohibits all forms of discrimination on such
bases.
B. Best interests of the child (art. 3)
1. Child
Protection and Welfare Ordinances
- The
principle of respect for the best interests of the child forms the substance of
the decision of the General People’s Congress
ratifying the decisions of
the basic people’s congresses to adopt the Child Protection and Welfare
Ordinance in 1991. In regard
to this principle, the Ordinance achieved the
following:
(a) The promotion of child protection and welfare
programmes;
(b) The tabling of bills or amendments to the laws in force
that tie in with the directions in Jamahiri society with a view to achieving
child protection and welfare.
- Act
No. 17 of 1992 regulating the situation of minors and those of equivalent
similar was then promulgated. Article 82 stipulates
that: “The most
appropriate principles of Islamic law shall apply in matters of guardianship,
trusteeship and custodianship
in cases where this Act makes no special
provision.” The Act therefore implements the most appropriate principles
of Islamic
law in the best interests of the child. The Child Protection Act No.
5 of 1997 provides for the protection and rights of the child,
as well as for
the consideration of his or her best interests.
- The
courts take into consideration the best interests of the child in matters of
custody and maintenance as follows:
(a) The mother has right of
custody if the couple separate, followed by her mother and subsequently by the
child’s father,
his mother, the child’s close female relatives and
the child’s close male relatives;
(b) The mother must have custody
of a minor to whom her care is indispensable;
(c) A father who is
solvent and separated from the mother must shoulder the costs of child-rearing,
provided that the child in the
custody of the mother has no private assets which
can be used to cover such costs;
(d) A divorcee who has custody of any
children is entitled to suitable accommodation for as long as her right of
custody stands and
her entitlement to such accommodation ends at the same time
as her custody;
(e) The maintenance of a minor is obligatory until such
time as he completes his education and is able to earn a living;
(f) It
is mandatory for the courts to apply the principles and specific conditions,
laid down in Act No. 17 of 1992 regulating the
situation of minors and those of
equivalent status, concerning legal guardianship, trusteeship and custodianship,
all of which take
into consideration the best interests of the child.
- The
consideration to be given by social welfare institutions to the best interests
of the child is indicated in the Social Welfare
Ordinance, promulgated in 1979,
when welfare homes were divided into a variety of institutions, such as
residential nurseries, kindergartens,
welfare homes for boys and girls and
juvenile care homes.
(a) Residential nurseries: These cater
specifically for children between the ages of birth and 6 years whose social
circumstances
do not allow them to be raised in or remain in a proper and
natural family environment. Placement in such nurseries is confined
to children
who have no one to provide for them at the time, whether because both parents
are ill or delinquent, because the children
are bereaved of both parents,
because they are bereaved of one parent and the other is incapable of looking
after them, or because
they are illegitimate or have been abandoned. A
child’s stay in a nursery home ends when there are grounds for allowing a
return to family life. It is a condition of admission to such homes that the
child must be free of infectious disease and have no
disabilities;
(b) Residential kindergartens: These cater specifically
for children over 4 and
under 6 years of age who have no one to provide
for them. They offer an alternative to family care and are responsible for the
education,
well-mannered upbringing, health care and psychological and social
welfare of the child;
(c) Welfare homes for boys and girls: These homes
accommodate children over 6 and under 18 years of age who have been in
residential
kindergartens, children who are deprived of family care because they
have no legal provider to care for them and children whose families
are unfit to
provide a sound social upbringing because the parents have separated or because
the mother is gravely ill or in prison;
(d) Juvenile homes: These cater
for juveniles under 18 years of age who have been given a custodial sentence or
who have been committed
to such homes by the authorities. They aim to reform,
educate and train juveniles.
- There
are also private social welfare institutions which are established through the
competent public body concerned with social security
affairs in accordance with
the prescribed
conditions.
Table 1
Social institutions
Name of social
institution
|
Number
|
Number of residents
|
Child welfare institutions
|
4
|
313
|
Boys’ welfare institutions
|
3
|
146
|
Girls’ welfare institutions
|
2
|
68
|
Education and guidance institutions for juvenile girls
|
4
|
90
|
Education and guidance institutions for juvenile boys
|
3
|
120
|
Source: Thirty years of health and social services (1969-1999),
General People’s Committee for Health and Social Security.
- Information
on the methods used to achieve the primary consideration of the best interests
of the child in the different areas of
life is as follows.
2. Family life
- The
General People’s Committee adopted decision No. 979 of 1993 forming the
Higher National Committee for Family Welfare under
the chairmanship of the
Assistant Secretary for Women’s Affairs at the Secretariat of the General
People’s Congress and
with the membership of the coordinator of the Higher
Committee for Children, the Secretary of Health and Social Security, the
Secretary
of the General Organization for Social Affairs and three family
experts. This Committee was charged with a number of special responsibilities,
including development of the plans and programmes needed to ensure child
welfare, awareness-raising and education in matters of the
family and family
welfare, the promotion of family planning and welfare activities, cooperation
with the competent international
organizations in matters of family welfare, the
evaluation of family welfare units in different matters, the evaluation of
academic
and educational curricula in the sociology of the family and the
adoption of decisions and procedures to ensure the fulfilment of
those special
responsibilities.
3. School life
- The
principle of ensuring the best interests of the child in school life is clearly
respected in the Compulsory Education Act No. 95 of 1975, pursuant to which it
is a requirement that children of school age should, as far as possible, attend
schools within
the vicinity of their homes. Schools are also required to notify
a child’s legal guardian of the time when classes start so
that he can
ensure the child’s punctuality. Should he fail to do so, he is referred
to the competent police station to be
reprimanded and cautioned about the need
for the child’s regular attendance at school.
- The
Education Act No. 134 of 1970 was also promulgated, pursuant to which the
Ministry of Education is charged with attending to and providing the
necessary
resources for all types of school activity, taking care of pupils’ health,
offering prevention and treatment in conjunction
with other ministries,
developing relations within the school community, strengthening ties between
schools and the environment,
staging cultural seasons of lectures, symposiums
and other activities in schools, publishing scientific and educational
magazines,
supplying the necessary teachers, improving teacher standards,
erecting and maintaining school buildings, providing school textbooks
and
designing school curricula.
- In
1973, the Primary, Preparatory and Secondary School Ordinance was also
promulgated, specifying the objectives of education as the
intellectual,
physical, psychological and social development of children with a view to
turning them into worthy citizens, preparing
them to fit into society and
ensuring that they respect and engage in manual work, in addition to providing
them with vital knowledge
and skills and accustoming them to spending their
leisure time profitably. This Ordinance moreover determines the school
admission
requirements, the subjects to be studied and the principles of school
organization, school administration and educational guidance.
4. Social life
- With
a view to achieving the primary consideration of the best interests of the child
from the social point of view, the Social Security
Act No. 13 of 1980 was
promulgated, prescribing various privileges of benefit to children. Legislative
enactments were also promulgated
to regulate personal and civil status, grants
of social assistance, the organization of training, retraining and
awareness-raising,
the protection of disabled persons, child welfare and the
establishment of vocational associations and unions.
5. Budget allocations
- As
far as budget allocations are concerned, the primary consideration of the best
interests of the child is achieved through the establishment
of draft transition
plans and their related budgets within the State’s development plan, which
is supported by the development
budget and the administrative or operational
budget.
- Abrogating
the previous Act No. 85 of 1970, the Planning Act No. 2 of 1997 was promulgated
to establish the General Planning Council as the body responsible for outlining
economic and social
development objectives and policies, reviewing draft plans
and implementation priorities, proposing adjustments to the target growth
to be
achieved, recommending legislation designed to realize the planned objectives
and subsequently proposing draft annual budgets
for the implementation of
development plans, which are financed by revenues from oil. It should be noted
that the sums allocated
to ensuring respect for the best interests of the child
remain unspecified in the budget, from which disbursements are made to cover
the
cost of all child-related items, including the allowances received by heads of
household, social assistance, projects, education,
health, environmental
protection and social security.
- The
best interests of the child are therefore covered by the budget allocations
outlined by the General Planning Council. In 1998,
for example, expenditure on
the health sector was estimated at 15 per cent of the budget and expenditure on
the educational and vocational
training sector at 20 per cent of the
budget.
6. Adoption
- The
Great Jamahiriya espouses the Holy Koran as its social code. Adoption is
therefore not permitted and is instead replaced by fosterage
and hosting in
accordance with Act No. 10 of 1984 concerning marriage and divorce and
their consequences.
- In
accordance with decision No. 453 concerning fosterage, which was adopted by the
General People’s Committee, any family which
satisfies the conditions
stipulated in the decision is permitted to assume responsibility for the care of
welfare beneficiaries living
in social welfare homes who are either orphans or
whose father or parents are unknown.
- The
General People’s Committee also adopted decision No. 454 of 1985
concerning the Hosting Ordinance with a view to strengthening
the sense of
solidarity, compassion and mutual respect present in society by fulfilling the
wishes of children residing in social
welfare homes to stay with a family for a
limited period in accordance with the conditions specified in the decision,
provided that
the children concerned are not delinquent.
7. Administration of juvenile justice
- The
primary consideration of the best interests of the child is taken into account
in the administration of juvenile justice by means
of the legislative enactments
in force in the form of laws and decisions concerning matters of personal and
civil status and civil
rights, together with the Penal Code. The courts are
bound by these legislative enactments when delivering their verdicts, while
in
criminal court procedures, it is the laws in force on custody, maintenance,
guardianship, trusteeship and custodianship which
apply. Births are registered
in accordance with the Civil Status Act and transactions conducted by a juvenile
that have both advantages
and disadvantages are deemed to be null and void,
unless, at the time of their conclusion, the juvenile had already attained the
age of majority, which is 18 years. A juvenile also has the right to institute
legal proceedings against his guardian and hold him
accountable for actions
which he takes during his period of guardianship. In criminal matters, juvenile
justice is administered
in conformity with the age of criminal liability for
juveniles pursuant to the Libyan laws in force. Preventive measures for
juveniles
under 14 years of age are stipulated in article 151 of the Penal Code
and apply provided that the criminal act imputed to the juvenile
is a
misdemeanour or felony and that his culpability is proven. Juveniles are tried
in accordance with articles 316 and 329 of the
Code of Criminal Procedure,
which will be discussed in paragraph 101.
8. Placement and care of juveniles in institutions
- Please
refer to paragraph 24 concerning the consideration given to the best interests
of the child by social welfare institutions.
9. Social security
- In
regard to social security, consideration is given to the best interests of the
child in accordance with the Social Security Act
No. 13 of 1980 and the
regulations and decisions in force. More precisely, in accordance with article
1 of the Act, the right to
social security is guaranteed for all nationals and
non-nationals who are resident in the Libyan Arab Jamahiriya, the aim being to
protect children in the event of the loss of the family provider or means of
support, as well as during pregnancy and confinement.
A further aim is to
ensure the social welfare of all children and disabled persons who have no one
to look after them and to provide
care and guidance for juvenile delinquents.
The financial benefits prescribed by law with a view to protecting the child
consist
of the basic allowance granted to those who have no provider and no
income. Short-term benefits in the form of a lump-sum allowance
are granted
during pregnancy and confinement, as well as in the event of disaster, emergency
and death.
- Information
in regard to ensuring the child such protection and care as is necessary for his
or her well-being is as follows:
(a) On 28 October 1992, Act
No. 16 on the situation of minors and those of equivalent status was
promulgated, setting out the age
of majority, the civil rights of children who
are capable of discernment and children who are not, the method of appointment
of a
minor’s guardian, trustee or custodian and the rules governing legal
guardianship, financial guardianship, trusteeship and
custodianship. It also
specifies the activities which a trustee or custodian is not permitted to pursue
without leave from the court
and stipulates that the principles of the Islamic
Shariah which are most appropriate must be applied in matters of guardianship,
trusteeship and custodianship in cases where the Act makes no special
provision;
(b) On 17 June 1991, the Child Protection and Welfare
Ordinance, drafted by the General People’s Congress, was adopted by the
basic people’s congresses, with emphasis on the following:
(i) The promotion of child protection and welfare
programmes;
(ii) The tabling of bills or amendments to the laws in force that tie in with
the directions in Libyan society with a view to achieving
child welfare and
protection;
(c) On 29 December 1997, the Child Protection
Act No. 5 was promulgated, introducing a compulsory medical examination prior to
marriage
in order to detect any hereditary diseases which could affect the
physical or mental health of children. The Act also emphasizes
various
provisions of legislative enactments already in force, such as the Code of
Criminal Procedure, the Social Security Act, the
Civil Status Act, the
Compulsory Education Act and the Labour Act. In addition, it provided for the
establishment of a Higher Committee for Children that would address issues
relating to children and their welfare through the plans, programmes and
directives issued on that score, as well as for a budget
allocation to cover the
cost of the child-centred activities and privileges stipulated, including
cultural activities, writing, publishing,
plays, libraries and exhibitions
targeted at children with the aim of conveying a meaningful message about
information and culture
that serves to prepare young people and provide the
opportunity for their creative talents to shine;
(d) On 28 April 1998,
the General People’s Committee adopted decision No. 100 establishing the
Higher Committee for Children,
which was formed by the competent secretaries and
others to whom a number of tasks were entrusted. These included monitoring the
situation of orphaned and disabled children, monitoring community organizations
involved in work with families and children, and
monitoring preventive
procedures for maternal and child health. Emphasis was also placed on the need
to incorporate the financial
allocations for children into the sectoral budgets
and ensure their disbursement;
(e) On 15 November 1979, the General
People’s Committee adopted its decision on the social welfare system.
Decision No. 347
of 1996 concerning the reorganization of social welfare homes
was also adopted and the Social Security Fund Act No. 20 of 1998 was
promulgated;
(f) The Disabled Persons Act No. 5 of 1987 was promulgated,
together with its implementing regulations;
(g) In the field of health
protection and care, the Health Act of 1973 and its implementing regulations had
already been promulgated.
The Act covers drinking water standards, monitoring
of food, milk and milk products, meat and fish, public baths, lavatories, burial
grounds and washing facilities, communicable diseases and quarantine, public
hygiene, waste collection, therapeutic medicine, mental
illness, clinical
establishments, nursing, pharmaceutical facilities and preparations, and
midwifery. The Compulsory Vaccination
Ordinance had also already been
promulgated;
(h) In 1984, decision No. 912 establishing a technical
centre for environmental protection was adopted. In 1999, the implementing
regulations of the Environmental Protection Act were also promulgated and
include measures designed to prevent atmospheric pollution
and restore the
environment. In 1995, decision No. 24 approving the national strategy on the
provision of health for all by all
was also adopted.
- The
authorities responsible for child welfare and protection are separated on the
basis of their assigned areas of responsibility,
which may be in the field of
social, health, medical or educational work. Health-care systems are therefore
the responsibility of
the authorities working in the social field. Decision No.
347, adopted in 1996, covers the reorganization of social welfare homes,
which
look after children who have been committed to their care or who have
a court judgement against them. In accordance with the
decision, these
homes are under obligation to ensure the social, medical, psychological and
educational welfare of their residents,
in which respect the differing age
groups are taken into consideration with the result that each individual home
specializes in the
care of a particular age group and gender. The services
provided by these homes are financed by income from investment of the general
budget allocations for social welfare, as are the costs associated with those
services. In administrative and financial terms, each
home operates as an
independent unit under the management of the Social Security Fund, which is
responsible for determining their
administrative structure, essential
requirements and budgets to be adopted by the Fund’s management board.
The Fund also carries
out the tasks of supervision, guidance and follow-up in
accordance with rules adopted by a decision of the management board and the
rules of procedure for welfare homes, which specifically cover placements, terms
of admission, services provided and duration of
residence.
- The
task of care may be assumed by a private individual who is unattached to any
administration, within the framework of the Fosterage
and Hosting Ordinance,
since a family may assume the care of welfare beneficiaries living in social
welfare homes in accordance with
decision No. 453 of 1985 concerning the
Fosterage and Hosting Ordinance, which stipulates the conditions to be fulfilled
by the family
concerned, as follows:
(a) It must be a Libyan
family consisting of a husband and wife who are committed to sound principles of
morality and are capable
of providing an appropriate environment for the foster
child. Neither of the spouses should be over 50 years of age and the
family’s
economic status must be such as to ensure the foster
child’s basic needs throughout the period of fosterage;
(b) Proper
hygienic conditions must be assured in the residence of the foster family, with
priority given to families with few children;
(c) The couple must give a
written undertaking to ensure the care and welfare of the foster child, attend
to his health and psychological
and social well-being and encourage his regular
attendance at school;
(d) The wife’s circumstances and the time at
her disposal must be such as to ensure that the foster child receives the
necessary
maternal care, attention and supervision;
(e) The foster
family must provide the welfare home with the following documents:
(i) A certificate of family status taken from the family record
book;
(ii) A certificate of good conduct;
(iii) A copy of its criminal status record;
(iv) A true certificate attesting that the couple is free of all chronic and
infectious disease;
(v) A report on the family’s economic and social status and its ability to
foster and care for a child.
- Hosting
is carried out for a specific period in a family outside the home where the
child lives in order to help him develop a sense
of self and social belonging.
The host family is required to satisfy conditions similar to those for
fosterage, in which connection
decision No. 545 of 1985 was
adopted.
- Health-care
institutions which provide treatment are regulated by Act No. 106 of 1973
promulgating the Health Act and decision No.
654 of 1975 promulgating the
implementing regulations of the Health Act. Article 361 determines the
standards to be met by hospital
buildings and article 362 states the departments
which should form part of any hospital. Article 367 stipulates that the
hospital
director must be a doctor licensed to practice in the Libyan Arab
Jamahiriya and that there must be one resident doctor for every
50 beds. As for
nursing services, it stipulates a minimum of one nurse for every two beds and
also stipulates that hospitals must
be adequately staffed with technicians and
other employees and workers, all of whom must be free of infectious disease and
licensed
to practise their occupation by the Ministry of
Health.
- The
Secretary of Health adopted decision No. 216 of 1994 regulating main and
specialist hospitals, as well as decision No. 216 of
1994 promulgating the
administrative regulations for specialist hospitals.
- As
mentioned earlier in paragraph 25, educational institutions are regulated by the
Compulsory, Secondary and Technical Education
Ordinance.
- The
difficulties which impede efforts to ensure consideration of the best interests
of the child can be summarized as follows:
(a) More meetings
and workshops are needed in order to raise awareness of the Convention on the
Rights of the Child among employees,
administrators and others working in the
field of child welfare;
(b) Greater exchange of international and
regional expertise is needed in order to further the development and design of
child welfare
programmes;
(c) An administrative mechanism is needed in
order to monitor the implementation of laws and legislative enactments in
connection
with child welfare.
C. The right to life, survival and development (art.
6)
- Measures
adopted to guarantee the right of the child to life:
(a) Libyan
legislation recognizes that the child has a fundamental right to life. Article
4 of the Promotion of Freedom Act No. 20
of 1991 stipulates that: “Life
is an inherent right of every human being.” Article 6 also stipulates
that: “A
healthy body is the right of every human
being.”
(b) The protection necessary for the unborn child is
provided for in articles 390-395 of the Penal Code, pursuant to which abortion
is a punishable criminal offence. Article 373 also includes a penalty for the
crime of killing a newborn child in order to safeguard
honour and article 389
punishes the offence of neglecting a newborn child in order to safeguard honour.
Article 388 imposes a penalty
on any person who finds an individual who is
injured or in danger and fails to give the necessary assistance or notify the
authorities.
The legislative acts also stipulate safe working conditions for
pregnant and post-natal women in order to ensure the child’s
care and
safety after birth and thus safeguard his right to life.
1. Measures adopted to create an environment to ensure
to
the maximum extent possible the survival and
development of the
child
- Paragraph
1 of the Child Protection and Welfare Ordinance, drafted by the General
People’s Congress of 1991 and adopted by the
basic people’s
congresses, provides for “the promotion of sound family circumstances
prior to childbirth in order to
ensure the development of a healthy baby, as
free as possible from hereditary, congenital or other abnormalities, by
providing for
medical examinations and checkups prior to marriage and health
care for pregnant mothers and their unborn children”. The Child
Protection Act No. 5 of 1997 was also promulgated and lays down a number of
requirements conducive to the creation of an environment
that ensures the
survival and development of the child, as follows:
(a) Couples
must undergo a medical examination prior to conclusion of the contract of
marriage in order to ascertain that they are
free of any hereditary or
infectious disease;
(b) Newborn children must undergo a medical
examination in order to ascertain that they are free from all causes of
hereditary or
congenital disability;
(c) Health facilities must provide
serums and inoculations for children free of charge;
(d) The right to
full residential care for children who have no guardian must be
guaranteed;
(e) The employment of children in other than vocational
training activities is prohibited.
- Article
24 of the Promotion of Freedom Act also stipulates that: “Every citizen
has the right to social welfare and social
security and those who are unable to
work for reasons outside their control shall be guaranteed decent means of
support.”
The above is in addition to the measures referred to in earlier
paragraphs in connection with education, health, security, environment
and so
on.
2. Measures adopted to guarantee the registration
and
verification of child deaths and their causes
- In
accordance with article 32 of the Civil Status Act No. 36 of 1968, the death of
any Libyan occurring in the Libyan Arab Jamahiriya
or abroad must generally be
reported within a maximum of 24 hours from the time of death, using the form
intended for that purpose.
The form of notification must be lodged with civil
register offices, health offices, a hospital, a doctor or a consul and should
be
drawn up in one original and one copy, both of which must be signed. Any breach
of this requirement is punished by a fine of
not more than 50 Libyan dinars. If
the notification or declaration contains false information, the penalty is as
stipulated in the
Penal Code. Article 34 of the Civil Status Act specifies
the persons who are under obligation to report a death, namely the ascendants
or
descendants of the deceased, the spouse of the deceased, any relatives of the
deceased who were present at the death, a doctor
or the competent health worker
charged with confirming deaths, or the owner, director or person in charge of
the premises if the
death occurred in a hospital, nursing home, refuge, hotel,
school or other location. In accordance with article 35, the notification
of
death must contain the following information: the day, date and place of death,
the first name, surname, nationality, religion
and occupation of the deceased,
the gender, age and date and place of birth of the deceased, his place of
residence, the first name
and surname of his mother and father if the deceased
was known to the person notifying the death, the place of his registration if
the deceased was known to the person notifying the death and the first name,
surname, address and occupation of the person notifying
the
death.
- Verification
of the cause of death is the responsibility of the civil register office or the
local authority, as the case may be.
Whichever of them has that responsibility
must instruct the competent doctor to examine the deceased, ascertain his or her
identity
and verify the death. It must then draw up the death certificate in
one original and two copies, using the form intended for that
purpose, which
should contain the above-mentioned information stipulated in article 35. The
burial licence, without which the body
may not be interred, is then issued and a
copy of the death certificate is forwarded to the Department of Statistics and
Censuses.
If the cause of death is suspect, the doctor instructed to carry out
the post-mortem examination must immediately notify the nearest
police station,
in which case no death certificate or burial licence is issued until the
competent investigating authority has given
its consent.
- Article
41 entrusts the civil registrar with the task of registering deaths, one after
the other, in the special register for that
purpose in accordance with the
information shown on the death certificate and stipulated in article 35. Deaths
which are not reported
within one year of the date of death may not be
registered except by a decision of the committee responsible for examining
applications
for late registration. Deaths from unnatural causes must be
promptly investigated by the competent member of the Department of Public
Prosecutions.
3. Measures adopted to prevent and monitor child
suicide
- Such
measures are not usually adopted unless a child is known to be attempting
suicide, in which case the child must either be kept
under watch by the person
responsible for him or placed in a specific location at the request of the
Department of Public Prosecutions
in accordance with article 330 of the Code of
Criminal Procedure.
4. Measures adopted to prevent the risks to which adolescents
are exposed
- The
measures adopted in this respect fall within the jurisdiction of the police.
There is a General Department of Criminal Investigation
which is responsible for
investigating crime scenes and individuals and which endeavours to prevent crime
before it occurs or detect
it after it occurs. In that connection, the
Department is authorized to take appropriate measures in accordance with its own
methods.
D. Respect for the views of the child (art. 12)
- As
for respect for the right of the child to express his own views freely in all
matters affecting the child, the Great Green Document
on Human Rights in the Age
of the Masses, promulgated on 12 June 1988 and regarded as a key source of
Libyan legislation, states
that every individual in Jamahiri society, whether
adult or child, male or female, has freedom of thought, initiative and
creativity.
The individual therefore has the right to express his own views
freely in all matters, a right which may not be usurped.
- A
brief review of the measures designed to guarantee the right of the child to
express his views is as follows:
(a) Family life: The child
has full freedom to express his views on account of the social custom and
upbringing prevalent in Libyan
society;
(b) School life: In the
legislative acts concerning education, school is regarded as the primary
institution in which children learn
to practice democracy and express their
views through the people’s congresses held during school classes in which
all school-related
matters are discussed, beginning with the daily running of
school life, including school radio and other media, educational activities
and
so on;
(c) Under Libyan law, the child’s opinions, testimony and
statements may be heard concerning any matter in connection with
legal
proceedings in which he is a party;
(d) Libyan legislation guarantees
that, irrespective of his whereabouts, the child’s opinion is sought
concerning all matters
in connection with his life and lifestyle in the
residential institutions where he lives.
- In
a number of cases, it may be essential in judicial proceedings to hear the young
person’s views in order to determine the
extent to which those responsible
for his care are fulfilling their duty towards him. It may also be essential to
hear the young
person’s testimony, whether in order to obtain evidentiary
material or to learn his views concerning the civil transaction
being sought.
It is at the discretion of the judge to decide whether to hear the young person
concerning such matters, particularly
if the latter is accused of a criminal
offence or is the victim of such an offence.
- As
for the intervention of the child in legal proceedings through his
representative, the child’s guardian, trustee or custodian
may intervene
in cases being considered in the interest of the child or may institute
proceedings on behalf of the child in order
to claim his rights in accordance
with the provisions of the Civil Code and the Code of
Procedure.
- In
regard to criminal matters, it is not only the juvenile suspect on trial who is
summoned before the juvenile court; as far as possible,
his or her parents or
legal guardian are also called to attend. The juvenile’s relatives may
also attend the trial, which
is held in chambers and in camera. Before
conviction, the court must ensure that the juvenile understands the significance
of any
witness testimony against him. Under article 511 of the Code of Criminal
Procedure, before issuing his order, the judge is required
to take the
precaution of hearing the statements of the juvenile’s natural legal
guardian, trustee or custodian, failing which
the order is invalid (unless
issued by default because the juvenile has absconded). The order must be
enforced immediately after
it is notified to the juvenile’s
representative, since it is presumed to be in his interest.
- The
Department of Public Prosecutions must not rush to trial in the case of
juveniles who are beyond parental control; such juveniles
may not be committed
for trial until the parent has been called and given appropriate time to reflect
on the matter, regardless of
the interest of the Department of Public
Prosecutions which demands that the trial should go ahead. To be more specific,
the legislature
has restricted the authority of the Department of Public
Prosecutions to initiate legal proceedings against a juvenile who is beyond
persuasion by his parent or guardian, either of whom may, in the heat of anger
over his loss of control over the child, rashly give
permission for the
commencement of such proceedings and later come to regret his
action.
- In
accordance with article 325 of the Code of Criminal Procedure, criminal
sentences and decisions involving a juvenile may be notified
to his legal
guardian, who may then lodge an appeal if it is in the interests of the child to
do so.
- Highlighting
the views of children on local, national and international events as members of
a student organization is an objective
which the General Union of Students of
the Jamahiriya is striving to achieve in accordance with decision No. 6 of 1979
of the General
Secretariat of the General People’s Congress. Primary and
preparatory schoolchildren do not have functioning membership of
the Union in
that they do not have the same rights as working members, except in regard to
candidacy and selection. There are, however,
basic students’ congresses
for the students in every secondary school, who are regarded as working members
who have rights
of candidacy and selection for the bodies of the Union. Each
basic people’s congress has an executive committee consisting
of three
members from each school year who are selected at the beginning of every
academic year. From among its members, the executive
committee chooses an
administrative committee of six people, including the committee chairman and
secretaries of administrative affairs,
student activities, student affairs,
financial affairs, the press and information.
- Children
are encouraged to exercise their right to express their views through a variety
of media. In particular, training courses
are run for teachers to ensure that
they devote their best attention to children and teach them to practise direct
democracy (the
basic system applied in the Jamahiriya).
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
- Articles
18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 29 of the Civil Status Act No. 36
of 1968 emphasize that births having occurred
inside the Libyan Arab
Jamahiriya or abroad must be notified within a maximum of 10 days of the date of
birth. Civil register offices
and Libyan consulates abroad are both responsible
for promptly recording such births. The details required for registration
purposes
include the day, date, time and place of birth, the gender, first name
and surname of the child, the first name, surname, nationality,
religion, age
and place of residence of the child’s parents, the name, address and age
of the person notifying the birth and
his relationship to the newborn child. In
remote areas, births are registered with the secretary of the district
people’s
committee, who in turn must notify the civil register office to
which the committee is attached within 10 days of the date of being
notified of
the birth and forward the original registration to that office. If the birth
takes place during the pilgrimage, the
head of the pilgrimage group must notify
the birth to the nearest Libyan consulate.
- Foundlings
are registered once they have been given a name consisting of three elements and
their age has been estimated. The name
is then displayed on the announcements
board in the civil register office for a period of seven days. If no one comes
forward to
object to the name, it is approved and the infant is finally
registered.
- This
provision applies to illegitimate children and the provisions concerning
registration apply to foreigners on Libyan territory.
- As
for practical steps, in addition to the legislative rules mentioned, a central
Department of Civil Status has been established
and has branches and offices
attached to it in main residential areas, amounting to a total of 216 offices
throughout the urban,
rural and remote areas of the Jamahiriya. There are, for
instance, 11 offices in Tripoli, 12 in Jabal al-Akhdar, 8 in Misrata and
6
in Marzaq.
- The
branches and offices of the Department of Civil Status issue citizens with
booklets known as family record books in which the
details of the holder and his
spouse and children, including first name, surname, place and date of birth, are
entered. Entry in
the civil register is a prerequisite for anyone wishing to
obtain an official document such as a personal identity card, passport,
driving
licence or other document used by citizens in their daily lives. The said Act
No. 36 imposes penalties in the form of monetary
fines on any person who
fails to carry out the requirement to notify births within the periods specified
in the Act.
- The
measures adopted to raise awareness of the need to register births, mobilize
public opinion and provide adequate training for
civil registry employees take
the following forms:
(a) Increasing information awareness by
means of newspapers, magazines and symposiums;
(b) Imposing registration
as a requirement for every person who applies for public office, for a licence
to practice an occupation
or trade or for an official document issued by the
State, such as a passport, identity card or similar.
- The
branches and offices of the Department of Civil Status are responsible for
organizing special courses designed to enhance the
capabilities of civil
registry employees. University experts are also assigned to work in the
Department, the branches and offices
of which use sophisticated computer
equipment for the central storage of all information.
- Registration
details include first name and surname, the day, date, hour and place of birth
and the gender of the child (male or female).
There are no restrictions on the
registration of children, regardless of whether they are legitimate,
illegitimate or foundlings,
other than that foundlings are named by a committee
formed specially for that purpose.
- The
Green Book affirms an important social principle, namely that a child should be
reared by his or her mother and brought up in
a family with a mother, father and
siblings. The mother is the natural provider of care and dispensing with the
maternal role of
the natural mother, or, in other words, substituting
residential nurseries for the mother is the beginning of the end of human
society.
The family is the child’s cradle, foundation and social
umbrella.
- The
Great Green Document on Human Rights in the Age of the Masses also emphasizes
this principle by stating the following:
(a) Jamahiri society
is united in solidarity and guarantees child and maternal
welfare;
(b) It is a sacred right for the child to be raised in a
cohesive family which has both a mother and a father;
(c) It is unjust
to deprive children of their mother and mothers of their children.
- In
Libyan law, the acts of concealing or exchanging an infant, making false
statements to the birth registration authorities, destroying
or altering the
identity papers of a child or placing a legitimate child in a home for
foundlings with the intention of removing
the child from his
relatives are treated as punishable offences which carry penalties
ranging from imprisonment to detention or a fine. Prompt measures
are also
taken at birth to ensure that the child is handed over to his mother immediately
after the birth.
- The
child acquires the nationality of his Libyan father from the moment of his
birth. Any child born of a Libyan woman and a father
who is stateless or of
unknown nationality is regarded as Libyan, as is any child born of two parents
of unknown nationality. Any
person born in the Libyan Arab Jamahiriya is
considered to be of unknown kinship, unless it is proved
otherwise.
B. Preservation of identity (art. 8)
- The
measures adopted to preserve the identity of the child are as follows: the
child is registered at birth in the civil register
intended for that purpose
within a period of not more than 10 days of the date of birth. Registration
includes the child’s
first name, the father’s first name and
surname, the date and time of birth and other information relating to the child,
which
is recorded on specially prepared forms. The information provided is then
entered in the family register and the birth is also recorded
in the
family’s own record book.
- These
procedures are deemed to offer a special safeguard in regard to preserving the
identity of the child. As a deterrent, the law
imposes penalties on any person
who alters information concerning the identity of a newborn
child.
C. Freedom of expression (art. 13)
- The
Great Green Document on Human Rights in the Age of the Masses emphasizes that
every individual has freedom of thought, initiative
and creativity. It also
guarantees the right of the individual to express his opinion publicly and in
the open and to foreswear
violence as a means of imposing ideas and
opinions.
- In
schools, the people’s authority is exercised through the establishment of
basic people’s educational congresses, consisting
of all pupils. These
congresses discuss all schoolrelated issues of concern to the pupils for
subsequent referral to the school
management for action.
D. Freedom of thought, conscience and religion (art.
14)
- The
Great Green Document stipulates that: “The members of the society of the
Jamahiriya are guided in their decisions by a
divine law of established
provisions which are not susceptible to change or substitution, namely the law
of religion or custom.”
Freedom of belief is consequently guaranteed for
all, together with freedom of thought, as the Great Green Document on Human
Rights
guarantees freedom of thought, initiative and creativity for all, whether
adults or children, without interference or restriction.
E. Freedom of association and freedom of peaceful assembly
(art. 15)
- This
subject has already been discussed in paragraph 15.
F. Protection of privacy (art. 16)
- The
Libyan legislature attached great importance to this issue, in which connection
it laid down special legal provisions and measures
in the Penal Code, the Child
Protection Act No. 5 of 1997 and Act No. 10 concerning marriage and
divorce and their consequences.
A number of provisions deal specifically with
the following child-related offences of:
(a) Plundering or
squandering a minor’s assets, denying his means of support or committing
dereliction of family duties (article
396 of the Penal Code);
(b) Using
improper methods of discipline and child-rearing (article 397 of the
Penal Code);
(c) Destroying, distorting or altering information on
a birth certificate (article 404 of the Penal Code);
(d) Neglecting the
welfare of a minor (article 490 of the Penal Code);
(e) Keeping a minor
under guard (article 491 of the Penal Code);
(f) Abducting a minor
(article 406 of the Penal Code);
(g) Engaging in sexual intercourse with
a minor (article 407 of the Penal Code);
(h) Raping a minor (article 408
of the Penal Code);
(i) Inciting a minor to acts of immorality or
debauchery (article 409 of the Penal Code);
(j) Coercing a minor to engage in prostitution (article 416 of the Penal
Code);
(k) Deceiving a minor (article 463 of the Penal Code);
(l) Violating the sanctity of the home (article 436 of the Penal
Code).
- The
legislature prescribed penalties ranging from imprisonment to detention or a
fine for any person who perpetrates any of the above-mentioned
offences. In
certain specific cases, some penalties are increased. It also laid down a
series of other measures:
(a) A complaint may be lodged by the
guardian if the party injured by the offence is under 14 years of age and by the
trustee or
custodian if the offence involves property. In either case, the
offences must be among those for which it is a legal requirement
that the
offender
should be brought to account by means of a complaint from the injured party.
If the interests of the injured party conflict with
those of his representative
or if he has no representative, the Department of Public Prosecutions acts as
his representative;
(b) The principle of the guardianship of a minor is
intended to ensure the attention to all matters relating to the
minor;
(c) The termination of guardianship is obligatory in the specific
cases stated in article 36 of Act No. 17 of 1992 regulating the
situation
of minors and those of equivalent status;
(d) A minor’s assets may
not be given away, loaned or borrowed, nor may any benefits accruing from those
assets be given away,
except by order of the court;
(e) Those who are
qualified to enforce application of the provisions of the Child Protection Act
are required to monitor bodies and
individuals attending to the affairs of
children who are orphaned or reportedly subjected to ill-treatment within the
family environment;
(f) Special juvenile courts have been established,
with jurisdiction to order preventive measures in respect of juveniles and
conduct
the trial of minors over 14 and under 18 years of age who are
accused of an offence;
(g) Any minor over 14 years of age whose
circumstances require his preventive detention must be sent to a reform school,
a designated
institution or a charitable establishment or placed in the custody
of a trustworthy person;
(h) Before a verdict is pronounced, the social
and environmental circumstances of the child’s upbringing must be
investigated,
as must the causes behind the child’s perpetration of the
offence;
(i) The presence of a lawyer is required in cases of
misdemeanour;
(j) The juvenile court procedures follow the prescribed
procedures in cases of felony;
(k) The court is attended solely by the
relatives of the accused and by representatives of the judiciary and of
charitable associations
concerned with juvenile affairs;
(l) Judgement
is pronounced in an open hearing and witnesses are heard outside the presence of
the accused;
(m) All requisite judicial notices must be notified to the
child’s parents or legal guardian, who may use any of the prescribed
means
of appeal in the child’s interest;
(n) Appeals in cases involving
juveniles must be promptly lodged;
(o) The juvenile court judge is
required to supervise the enforcement of judgements delivered in his court
division against children
accused of an offence;
(p) Convicted juveniles
serve punishment in the juvenile education and guidance centres established
specifically to cater for accused
and convicted juveniles by attending to their
welfare and education, developing their talents and identity, and offering them
various
types of vocational training. The juveniles at these centres are
categorized into the age groups of 712 years, 12-15 years and 15-18
years;
(q) Juveniles are permitted to receive visits from relatives once
a week;
(r) A social worker is required to report to the competent
judicial authority on the behaviour of juveniles who are in detention
or accused
of an offence, on the social, family and environmental circumstances of their
upbringing and on the causes behind their
perpetration of the offence. The
social worker is also required to attend the court hearings and submit quarterly
reports on the
juvenile’s progress, conduct and interaction with other
individuals;
(s) A committee of education centres is responsible for
reviewing the cases of juveniles who have proved to be stable and well-behaved
and whose family and external environment have also proved to be fit. The
committee’s reports are transmitted to the competent
judicial authority
for the purpose of giving consideration to the juvenile’s release.
G. Access to appropriate information (art. 17)
- The
child can access information and items in connection with his social, spiritual
and moral well-being and mental health from any
source which he chooses. The
State endeavours to facilitate access to information through a variety of means,
including:
(a) School curricula and educational and cultural
activities in schools;
(b) Children’s radio and television
programmes;
(c) Children’s books and publications;
(d) The
International Children’s Day of Broadcasting during which children take
charge of running local radio and television
programmes;
(e) The
national information system, which includes a special file in the database on
the national economy containing information
on children, such as numerical
growth, educational and work status, age, relevant legislative enactments and
laws, and geographical
distribution.
- In
order to promote children’s access to information, the authorities working
with children carry out the following tasks:
(a) Establish set
programmes on a periodic basis to educate children using the different
media;
(b) Review the legislation in order to encourage writers, authors
and experts to produce children’s books and stories, as well
as scientific
and recreational material for children, and ensure that they are well
remunerated for doing so.
- The
Great Jamahiriya is also a member of the United Nations Educational, Scientific,
Cultural and Educational Organization (UNESCO),
the Arab League Educational,
Scientific and Cultural Organization (ALESCO), the Islamic Educational,
Scientific and Cultural Organization
(ISESCO) and many other scientific and
cultural organizations. The cooperation arising as a result of this membership
enables the
Jamahiriya to benefit from the assistance provided by such
organizations in producing information, accessing scientific material
or
exchanging information and programmes.
- Lastly,
the Libyan laws and legislative acts on information prohibit the publication of
any information that is detrimental to any
individual, whether adult or child.
This legislation endeavours to ensure that all productions and publications are
beneficial to
children and will guarantee their sound physical, mental and
cultural development.
H. The right not to be subjected to torture or other cruel,
inhuman
or degrading treatment or punishment (art. 37 (a))
- The
Penal Code and the supplementary laws emphasize that it is prohibited to subject
children to torture or other cruel, inhuman or
degrading forms of treatment or
punishment and impose penalties on the perpetrators of such acts. In this
regard, it is worth mentioning
the following articles of the Penal
Code:
(a) Article 397 stipulates the penalty of imprisonment of
not less than one year for the improper use of methods of discipline and
child-rearing. If such treatment leads to personal injury, the penalty is
imprisonment for a term of between two and five years
and if it leads to death,
the penalty is imprisonment for a term of eight years;
(b) Article 398
stipulates the penalty of imprisonment for the ill-treatment of family members
and children.
- The
law enables the child to seek redress by means of a complaint submitted by his
guardian. If the offence involves property, the
complaint may be submitted by
the child’s trustee or custodian and if the interests of the minor who is
the injured party conflict
with those of his representative or if he has no
representative, the Department of Public Prosecutions stands in as his
representative
in all instances where proceedings are initiated on the basis of
a complaint submitted by the injured party. In other instances,
the Department
of Public Prosecutions is responsible for initiating
proceedings.
- Awareness-raising
campaigns and educational activities carried out in schools and by the
audio-visual media and newspapers, both daily
and weekly, cover issues which are
directly linked to such aspects.
- The
measures adopted to prevent perpetrators from escaping penalty are as
follows:
(a) Law enforcement officers are tasked with seeking
out and apprehending offenders and gathering the evidence needed for the
purposes
of investigation and legal proceedings. The papers are then forwarded
to the Department of Public Prosecutions, which embarks on
the process of
instituting, completing and following up the legal proceedings until such time
as a decision is given and the perpetrators
are punished;
(b) As for the
measures adopted to promote physical and psychological recovery and social
reintegration of a child victim of torture
or ill-treatment, they are carried
out by mental health clinics, social service and rehabilitation centres and
welfare homes run
by the social security authorities, bearing in mind the
specialist knowledge and expertise which they all have to offer;
(c) In
addition to the law enforcement authorities, the independent monitoring systems
established include, first and foremost, the
Higher Committee for Children,
which has the authority to monitor the relevant bodies and draw up the plans and
programmes needed
to cater for children and their welfare.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
- Act
No. 10 of 1984 regulating marriage and divorce and their consequences deals with
the rights of children and parents, as well as
the responsibility for children
in the case of divorce. Article 62 (a) stipulates that: “Custody
means taking care of and
educating the child, attending to his affairs and
providing him with guidance from birth until the age of maturity in the case of
males and until marriage in the case of females.” Article 62 (b)
elaborates on the details of such responsibility, stating
that, during marriage,
the custody of children in the sense referred to in earlier paragraphs of the
Act is shared by both parents.
If they separate, then custody is awarded to the
child’s mother, followed by her mother, the child’s father, his
mother
and finally the child’s close female relatives, with precedence
given to those who are able to claim two sides as opposed to
one, and finally
the child’s close male relatives.
- The
court is legally permitted, however, to disregard the order of sequence set
forth in the above paragraph, with the exception of
the child’s mother,
her mother, the child’s father and his mother, if it is in the
child’s interest to do so.
- Article
63 (a) stipulates that if the mother leaves the marital home owing to a dispute
with her husband, she is entitled to custody
of her children unless the court
decides otherwise in their interest. Article 63 (b) stipulates that if the
child is a minor to
whom his mother’s care is indispensable, the mother
must have custody.
- The
Act also regulates custody in the event that the parents and relatives are
prevented from taking care of the child for whatever
reason, as article 63 (c)
stipulates that if custody is waived by the rightful custodian or if an obstacle
to custody is raised,
the right is transferred to
the next individual in line. If that individual is unable to take care of
the child, the court chooses a trustworthy person to do
so. Even in cases where
the mother has a different religion from that of the father, the law accords her
the right of custody of
her children.
- Article
65 stipulates that the person responsible for the child’s care, guidance
and education must be a rational and reliable
adult who is capable of raising
the child and ensuring his protection and welfare.
- Article
32 of Act No. 17 of 1992 regulating the situation of minors and those of
equivalent status provides that both parents have
legal guardianship. If that
proves impossible, it is the child’s female relatives who provide the
necessary alternative care
on the basis of their order of inheritance and
closeness. Where relatives are equal, the court appoints the relative who is
the
most suitable to assume the legal guardianship of the child. If there is no
one to assume guardianship, the court appoints a suitable
guardian from among
the minor’s relatives or, failing that, another
individual.
- Article
33 specifies the duties of the legal guardian, whether the rightful guardian or
an alternative, in connection with supervising
the minor’s affairs and
ensuring his care, upbringing, education and sound guidance. Article 34 of the
same Act stipulates
that a child’s legal guardian
must be a
rational and reliable adult, of the same religion as the minor and capable of
fulfilling the requirements of guardianship,
who has not been convicted of any
offence that would entail deprivation of guardianship.
- A
guardian is deprived of the legal guardianship of a child in the cases set forth
in article 36, namely:
(a) If he no longer fulfils the
conditions laid down in article 34;
(b) If he commits a misdemeanour or
felony against the ward;
(c) If he is convicted of any of the following
offences:
(i) Dereliction of family duties;
(ii) Use of improper methods of discipline and
child-rearing;
(iii) Ill-treatment of family members;
(iv) Committal of a recognized legitimate child to a home for foundlings or
other similar institution;
(v) Adultery or use of force, threats or deception to engage in sexual
intercourse;
(vi) Rape;
(vii) Incitement of a minor to debauchery and prostitution;
(viii) Abduction for the purpose of engaging in sexual acts;
(ix) Incitement to prostitution;
(x) Coercion to engage in prostitution;
(xi) Exploitative use of prostitutes;
(xii) Use of prostitution to earn a living and as a source of
gain;
(xiii) Trafficking in women.
- Article
37 sets forth the alternative if both parents are deprived of the guardianship
which allows them to take care of their children.
The legal guardian may be
wholly or partially deprived of guardianship, on a permanent or temporary basis,
in the following instances:
(a) If the guardian’s liberty
is restricted in such a way as to damage the interests of the
minor;
(b) If the guardian maltreats his ward, neglects his welfare or
sets a bad example that endangers his safety, education or morals.
- As
an alternative to the withdrawal of guardianship in the above cases, the court
may entrust a minor child to the care of a social
institute or establishment
designated for that purpose.
- The
audio-visual broadcasting media transmit special family and children’s
programmes on the rights of the child and parental
responsibilities, while
offices have been set up in maternal and child centres, as well as in schools,
to provide guidance and counselling
on educational and social matters. Social
service offices providing guidance and counselling have also been set up in
children’s
hospitals. In addition, various scientific symposiums and
workshops are held with a view to raising awareness of the rights of the
child,
including in particular the Monday Symposium, which is convened once a month by
the Higher Committee for Children and deals
with topics and issues concerning
the rights of the child and aimed at raising awareness among officials and other
responsible officers
of the principles involved in providing suitable guidance
and counselling for the child.
- These
symposiums have included the following:
(a) A symposium
comparing the rights of the child in the Convention on the Rights of the Child
and in domestic legislation, which
was attended by specialist teachers, school
principals, doctors, male and female nurses and responsible
officers;
(b) A symposium on child employment in Libyan Arab society,
which discussed various dimensions of the rights of the child and the
dangers of
child employment in the wake of a field study on child employment in Libyan Arab
society;
(c) A symposium on children with AIDS;
(d) A symposium on
delinquent children;
(e) A symposium on the child’s need for
education;
(f) An Arab symposium on children’s sport attended by
researchers and concerned persons from various Arab States;
(g) A
symposium on the narcotic drugs epidemic and the protection of children against
such drugs.
- Publications
aimed at raising awareness and offering guidance have also been published,
including the newspaper Bara’a, the magazine Al-Salih and
the magazine Al-Tufula. Moreover, various radio programmes dealing with
children’s rights and offering guidance on child-rearing, education and
the
safeguarding of children’s rights are regularly broadcast. One such
example is the daily programme “Children and Life”,
which has been
on air since 1985.
- The
laws in the Great Jamahiriya prohibit all forms of discrimination, as stipulated
in the Constitutional Declaration, the Proclamation
of the Revolution and the
Great Green Charter on Human Rights in the Age of the Masses.
- The
laws also protect the rights of the child to life and the Penal Code prohibits
killing, as well as abortion, except in cases where
the mother’s health is
unquestionably endangered. The Promotion of Freedom Act also prohibits all
discrimination on grounds
of sex, religion, status and so on.
- The
rights stipulated in paragraph 5 of the Convention on the Rights of the Child,
which emphasizes the integrity of the national
approach and the importance of
the programmes and legislative acts in force, were already protected by the
national legislation and
the practices applied.
B. Parental responsibility (art. 18, paras. 1-2)
- The
substance of the Act regulating marriage and divorce and their consequences has
already been mentioned, in addition to which the
Child Protection Act No. 5 sets
forth the requirement for both parents to respect their shared responsibilities
in connection with
the education and development of the child.
- In
regard to the principles of non-discrimination, as already mentioned, the laws
in force accord equal rights to all children resident
in the Great Jamahiriya,
both nationals and nonnationals, in addition to which the special laws accord
children and others, without
distinction, the right to health care, education
and social security. Article 1 of the Social Security Act No. 13
of 1980, for instance,
provides that social security is a right of all
nationals and nonnationals.
- With
a view to ensuring the welfare of children and safeguarding their rights, the
State supports families through its policy of subsidizing
food commodities and
providing medical treatment and medicines free of charge. A number of child
welfare institutions, facilities
and services have been established,
including:
(a) Regular nurseries and nurseries for children
deprived of a family environment (residential
nurseries);
(b) Kindergartens;
(c) Alternative care institutions
for children deprived of a family environment (social welfare homes for boys and
girls);
(d) Institutions for the care and rehabilitation of disabled
children;
(e) Hospitals and maternal and child care
centres;
(f) Schools of all levels;
(g) Children’s
theatres;
(h) Children’s parks;
(i) Boy scout
organizations;
(j) Military camps and camps for juniors, cadets and
aides.
C. Separation from parents (art. 9)
- The
Penal Code and the Act regulating the situation of minors and those of
equivalent status stipulate that all interested parties,
including children,
must be given the opportunity to participate in any legal proceedings and make
their views known. Under the
law regulating people’s committees, the
district people’s committee has the task of hearing cases and the views of
the
interested parties and, where no decision can be reached, of referring such
cases to the judiciary.
- Article
68 of Act No. 10 regulating marriage and divorce and their consequences
guarantees the right of the child who is separated
from one or both parents to
maintain personal relations and direct contact with both parents on a regular
basis.
- Article
28 of the Prisons Act No. 47 of 1975 stipulates that a child must be handed over
to his father if the mother is imprisoned.
Article 40 of decision No. 343 of
1982 of the General People’s Committee for Justice promulgating the
implementing regulations
of the Prisons Act states that the child’s father
or the relatives responsible for the child’s custody and care must
be
notified in person of the date when the child is due to reach two years of age
and that the child must be handed over to them
on that date. If the mother does
not wish the child to remain with her until that date, he is immediately handed
over to his father
or the person who has the right of custody. Article 43 of
the same regulations also guarantees the right of a mother who is in prison
to
visit any child of hers who has been placed in a residential nursery or care
home. The mother also has the right to see any of
her children who is handed
over to the father or the person who has the right of custody. Article 44 of
the same regulations further
stipulates that the mother may not be denied the
right to visit her child for any reason other than in fulfilment of a public
health
requirement.
- The
child has the right to obtain information on the whereabouts of the absent
members of his family, a right which is provided for
under Act No. 10 of 1984
regulating marriage and divorce and their consequences. The courts are bound by
the provision of this article
of the Convention on the Rights of the Child,
which lawyers invoke in their arguments in such cases and which entails no
adverse
consequences for the person concerned.
D. Family reunification (art. 10)
- Article
20 of the Promotion of Freedom Act No. 20 guarantees to citizens freedom of
movement, freedom of choice of domicile and freedom
to leave and enter the
Great Jamahiriya as they choose. Non-nationals are granted guaranteed
entry visas in accordance with the
relevant conditions and relations with the
countries to which those seeking family reunification belong. Pursuant to the
Alien Entry
and Residence Act No. 6 of 1987, an association with a resident
alien is one of the requirements for obtaining an entry visa and
a residence
visa may be subsequently obtained by the parents, wife, children and dependent
relatives.
- The
authorities competent to grant visas give special priority to applications for
family reunification in the light of national legislation
and the principles of
the Convention on the Rights of the Child. Examples include the summer reunions
of non-Libyan mothers and
their children of Libyan fathers, under the
supervision of the Higher Committee for Children.
- The
national legislation already referred to stipulates the right of a child whose
parents reside in different States to maintain
on a regular basis personal
relations and direct contact with both parents and specifically so in article 25
of the Promotion of
Freedom Act No. 20 and article 68 of Act No. 10
regulating marriage and divorce and their consequences.
- Libyan
legislation paved the way for the provision of article 10 of the Convention
concerning family reunification. The Convention
therefore simply came to
emphasize legislative procedures which were already in force in Libyan Arab
society prior to adoption of
the Convention. In all cases, the problems of
family reunification involving children of Libyan fathers and nonLibyan mothers,
and
vice versa, have personal causes attributable to the relationship between
the parents.
E. Illicit transfer and non-return of children abroad (art.
11)
- The
laws in the Jamahiriya prohibit the illicit transfer of children abroad and
stipulate that a child must obtain a passport and
his guardian’s consent
in order to leave and enter the Jamahiriya. Any practices to the contrary are
followed up by the passport
and security
authorities. Article 67 of Act No. 10 of 1984 regulating marriage and
divorce and their consequences stipulates that under no circumstances
may a
person with a child in his care be permitted to take that child out of the
Jamahiriya without having first obtained the permission
of the child’s
guardian.
F. Recovery of maintenance for the child (art. 27, para.
4)
- Article
71, chapter VII, of the aforementioned Act No. 10 of 1984 regulates the subject
of maintenance. Article 61 (a) stipulates
that a minor who has no assets must
be maintained by his or her father, provided that the father is solvent, until
marriage in the
case of a girl or until she earns a sufficient amount from her
job to cover her needs and, in the case of a boy, until he attains
majority and
is capable of earning a living. Article 61 (b) stipulates that the solvent
parent is responsible for continuing to
maintain the child until he completes
his education. Article 61 (c) stipulates that a mother who is solvent is
required to maintain
her children if the father is insolvent.
- Pursuant
to this Act, the courts impose a duty on guardians to maintain their children
and maintenance orders are enforced by the
official police authorities. In
cases where parents are unable to maintain their children, the Social Security
Act and the Basic
Allowances Act guarantee the provision of basic security
allowances for the families concerned until such time as they are able to
do so.
In accordance with the Civil Code, debts of maintenance are privileged debts
which are recovered as a priority if assets are
seized.
- In
maintenance suits, the courts and lawyers comply with the provisions of the
Convention on the Rights of the Child pursuant to its
ratification by the
Jamahiriya in accordance with Act No. 2 of 1991.
G. Children deprived of a family environment (art. 20)
- Article
2 of the Social Security Act No. 13 of 1980 provides for the payment of an
allowance to the heirs of a person who is insured.
Such payment is made to the
entitled members of that person’s family, including children. Article 22
of the same Act also
provides for payment of the basic allowance to widows and
orphans, as well as to individuals who have lost their source of livelihood
and
have no one to support them. Insured persons and those who receive the basic
allowance are also granted additional benefits,
such as family benefit and child
benefit. The rights of individuals who need basic allowances in order to take
care of and support
their children are emphasized in the Basic Allowances Act
No. 16 of 1985.
- In
accordance with decision No. 507 of 1984 of the General People’s
Committee, social security allowances were increased. In
the event that a child
cannot be cared for by one or both parents or by relatives, the State offers an
institutional system providing
the alternative care prescribed in the
above-mentioned Social Security Act, article 29 of which stipulates, under the
heading of
“Social welfare”, that: “For children without a
carer, social security shall provide alternative social care services
in
residential nurseries and social welfare institutions for boys and girls who are
without a provider, as society is the protector
of those who have no
protector.”
- Decision
No. 454 of 1985 of the General People’s Committee concerning the hosting
of children placed in social institutions
and deprived of a natural family
environment was also promulgated. Hosting is carried out on a volunteer basis
by families which
offer such children the opportunity to live within a natural
family environment. The social service offices monitor the situation
of hosted
or fostered children in order to pinpoint any problems which they face and lend
support to the host and foster families.
- In
making decisions on alternative care, the lack or poor quality of the natural
family environment is taken into account. The alternative
care arrangements are
designed to cater to children of unknown kinship, children who have been given a
custodial sentence and children
who are bereaved of both parents. These
children are dispersed to a variety of residential social welfare institutions
on the basis
of age and gender.
- The
Convention on the Rights of the Child champions national efforts for the
provision of alternative care and in-depth studies are
now being conducted to
evaluate the means of alternative care for children deprived of a family
environment with a view to identifying
difficulties, moving work forward,
proposing suitable alternatives and promoting fosterage and
hosting.
H. Adoption (art. 21)
- Adoption
is not permitted by the legislative enactments in the Jamahiriya, as it is
prohibited by the Koran. It has therefore been
replaced in those enactments by
fosterage and hosting.
I. Periodic review of child placement (art. 25)
- The
legislative acts regulating the activity of social welfare institutions and
institutions for disabled children and juvenile delinquents
provide for the
right of children placed in such institutions to receive medical treatment and
periodic checkups, free of charge,
at health clinics and public health
establishments. They also provide for the right of those children to have
access to the necessary
facilities and services.
- The
people’s committees for health and social security, the Social Security
Fund, social welfare institutions and disabled care
establishments are all
dedicated to the said objectives. The competent authorities respect the
provisions and principles of the
Convention on the Rights of the Child and the
national legislation concerning non-discrimination against children on any
grounds,
taking into consideration, as far as possible, the best interests of
the child.
J. Maltreatment and neglect (art. 19), including physical
and
psychological recovery and social reintegration (art.
39)
- Penal
Code prohibits acts involving maltreatment, as
follows:
(a) Abandonment of a child (art.
387);
(b) Failure to provide assistance to an abandoned minor in need
(art. 388);
(c) Abandonment of a newborn infant (art.
389);
(d) Theft of a child’s assets, abandonment of a child and
denial of means of support to a child (art. 396 (a) and
(b));
(e) Improper use of methods of discipline and child-rearing (art.
397);
(f) Maltreatment of a child;
(g) Failure to maintain a
minor (art. 398);
(h) Sexual intercourse with a child (art.
407);
(i) Incitement of a child to acts of immorality or debauchery
(art. 411);
(j) Incitement of a child to prostitution (art.
415);
(k) Incitement and coercion of a child to prostitution (art.
415);
(l) Incitement of a child to travel abroad for exploitative use in
prostitution (art. 418);
(m) Exposure of a minor to matters of
scandal (art. 421);
(n) Use of a child as an itinerant salesperson (art.
474);
(o) Failure to care for a child (art. 490);
(p) Exposure
of a child or any other person through the disclosure of his written
correspondence, telephone conversations or telegrams
(art.
444);
(q) Surrender of the control of a vehicle to a child (article 55
of the Traffic Act No. 13 of 1994).
- In
regard to the penalties imposed for the maltreatment of children, the
aforementioned Act establishes both a general deterrent,
which is important from
the preventive point of view, and a special deterrent. Social security offices
and social service offices
in schools are also involved in raising awareness of
the fact that the maltreatment of children is a serious matter. A number
of
legislative enactments impose a duty on citizens to respect children and
treat them well. It is a criminal offence under the School
Discipline
Ordinance for schools to beat children and the maltreatment of a minor is also a
criminal offence under the Child Protection
Act No. 5 of 1997.
- Departments
of public prosecution, police stations and district people’s committees,
as well as the branches of the Higher Committee
for Children and the Committee
itself, are obliged to accept and investigate complaints of maltreatment and
refer them to the courts.
- The
laws also require persons who deal with children, including doctors, school
teachers and social workers, to report cases involving
their maltreatment to the
competent bodies, such as the educational authorities, the police, the judiciary
and so on.
- Social
welfare institutions and juvenile education and guidance centres are engaged in
promoting physical and psychological recovery
and social reintegration of child
victims of any form of neglect, exploitation or abuse.
VI. BASIC HEALTH AND LEISURE (arts. 6, paras.
3,
23, 24, 26 and 27 and art. 18, paras. 1, 2 and 3)
A. Disabled children (art. 23)
- Disabled
children in the Great Jamahiriya enjoy full rights in terms of services in
education, training, health care and rehabilitation.
Stemming from the belief
in our tolerant Islamic principles and values which attach great importance to
the human personality, the
Great September Revolution tackled the problem
of disability by putting in place the legal frameworks to enable the systems and
organizations
present in society to offer preventive treatment, therapy and
rehabilitation with a view to addressing the problem. These measures
also
enable disabled people to enjoy a productive life, thus giving them a sense of
their significance and status in society, and
include the
following:
(a) The initiative of the Jamahiriya, to which the
United Nations responded, in proposing 1981 as the International Year of
Disabled
Persons under the banner of “national participation and
equality”;
(b) The promulgation of various legislative acts
relating to disabled persons:
(i) Act No. 15 of 1969;
(ii) Act No. 3 of 1981;
(iii) Act No. 5 of 1987;
(c) The adoption of several
decisions to form committees to deal with the affairs of disabled persons and
the convening of local
and international conferences and
symposiums;
(d) The conduct of numerous surveys and studies to determine
the incidence of disability in the Jamahiriya, most recently the comprehensive
survey conducted by the Social Security Fund during the period 1998-1999, which
established that the total number of disabled persons
stood at 31,629, of whom
26,408 were males, representing 69.61 per cent, and 11,518 were females,
representing 30.4 per cent, altogether
amounting to less than 1 per cent of the
population figure of 4,772,430 inhabitants in 1998;
(e) The provision of community help for disabled persons and the
establishment of various associations and societies providing services
for the
disabled, including:
The Society of Friends of Disabled
Persons;
The Nur Society for the Blind;
The Society for the
Deaf;
The Community Association for the Care of Speech- and
Hearing-Impaired Persons;
The Charitable Society for the Care of
Mentally Retarded Persons;
The Community Association for the Care of
Disabled Persons;
(f) Efforts by the Social Security Fund to address the
problem of disability: the Social Security Fund is one of the main bodies
dealing with all categories of disabled persons in the Great Jamahiriya and is
directly responsible for the implementation of laws
and regulations concerning
the provision of financial and other benefits for disabled groups. As part of
its organizational structure,
the Social Security Fund has created a general
department for the affairs of disabled persons in order to ensure that policies,
programmes
and plans are designed and implemented to guarantee the best
preventive, therapeutic and rehabilitation services through:
(i) The establishment of educational centres and schools for the deaf, the
speechimpaired and the hearing-impaired;
(ii) The establishment of centres and schools for the education of persons with
mental and motor disabilities;
(iii) The establishment of residential rehabilitation centres and treatment
clinics fitted with the latest equipment and staffed
by medical teams to care
for persons with multiple disabilities;
(iv) The establishment of workshops for the manufacture of prosthetic limbs and
other medical requirements for disabled persons;
(v) The regular supervision and monitoring of all centres and clinics in order
to evaluate them and detect any failings;
(vi) The gathering and processing of information and statistics on disability
and their linkage with different variables;
(vii) The preparation and holding of local and international conferences and
symposiums on disability problems and control;
(viii) The organization of training courses for those working with disabled
persons in the different areas of specialization;
(ix) The preparation of a draft study on the establishment of centres for the
control and prevention of disability.
Table 2
Centres and schools
|
Number
|
Number of residents and regular attenders
|
Centres and schools for the education of speech- and hearing-impaired
persons
|
16
|
1 590
|
Centres and schools for the development of cognitive skills
|
8
|
810
|
Centres for the care and rehabilitation of persons with multiple
disabilities
|
6
|
792
|
Centres for the care and rehabilitation of children with motor
disabilities
|
1
|
45
|
Residential centres for the rehabilitation of disabled persons
|
3
|
506
|
Day centres for the rehabilitation of disabled persons
|
10
|
3 008
|
Source: National Centre for Information and Documentation,
Statistical Bulletin of 1998,
General People’s Committee for Health
and Social Security.
B. Health and health services (art. 24)
- The
General People’s Committee promulgated decision No. 24 of 1994 adopting
the national strategy for the provision of health
for all by all. This
decision stipulated that: “The health system in the Great Jamahiriya
is based on primary health care
which fundamentally relies on a practically
sound, scientifically safe and socially acceptable technique that makes it
easily accessible
to every family and individual in society through their
effective participation so that all citizens in the Jamahiriya reach the
highest
attainable standard of health, thereby enabling them to engage in productive
activity and carry out an effective role in
the social and economic life of
society.” In accordance with this strategy, the General People’s
Committee for Health
and Social Security developed a number of programmes,
including:
(a) The maternal and child vaccination
programme;
(b) The programme to combat child respiratory
infection;
(c) The programme to combat diarrhoea;
(d) The school
health programme;
(e) The programme to combat
tuberculosis;
(f) The accident prevention programme;
(g) The
programme to combat acquired immunodeficiency syndrome (AIDS);
(h) The
programme of vaccination against communicable diseases;
(i) The
programme to raise health and social awareness;
(j) The programme to
prevent and combat common diseases.
- In
order to implement these programmes, various national and scientific committees
were formed and several special centres were established,
such as the National
Centre for Tuberculosis and Chest Disease, the Centre for Eye Disease and the
Food Monitoring and Inspection
Centre.
- The
Jamahiriya has achieved a number of successes in the field of health and social
security; medical services in the Jamahiriya attained
a coverage rate of 100 per
cent and the following indicators were
accomplished:
(a) Vaccination coverage attained a rate of over
95 per cent in the case of most of the diseases targeted by
vaccination;
(b) Inhabitants grew more aware of all the types of medical
services available, particularly those relating to the prevention of
infectious
diseases;
(c) A number of diseases, such as poliomyelitis, congenital
tetanus, and malaria, were eliminated;
(d) Major successes were achieved
in connection with a number of other communicable diseases, for which scientific
programmes were
devised with a view to their elimination;
(e) Various
specialist health facilities, such as the National Centre for Tuberculosis and
Chest Disease, the Centre for Eye Disease,
the Tripoli Medical Centre and the
X-Ray Diagnostic Centre, were set up to monitor disease, improve access to
services and provide
specialist services.
- In
accordance with the national strategy for the provision of health for all by
all, the General People’s Committee for Health
and Social Security set the
following targets to be realized in the future:
(a) The
eradication of all communicable and endemic diseases;
(b) The
achievement of a vaccination rate of 100 per cent for all the diseases targeted
by vaccination;
(c) Adoption of the preventive and therapeutic measures
needed to promote child welfare in an effort to reduce child mortality and
increase life expectancy;
(d) Improvement of the performance and
standard of health services and the quality of care over
quantity;
(e) The implementation of programmes to monitor all
diseases;
(f) The reduction of maternal mortality rates;
(g) The
development of health information systems;
(h) The promotion of research
and studies on health.
- As
for maternal and child care, the General People’s Committee for Health and
Social Security has sections attending to mothers
and children, vaccination,
school health and nutrition. These sections are responsible for supervision of
the various centres offering
maternal and child services, of which there are 803
countrywide. Such services include antenatal, perinatal and postnatal care.
Between 1991 and 1996, 81 per cent of deliveries were supervised, with the
figure rising to 85 per cent in urban areas compared
with 71 per cent in rural
areas. These cases were followed up by a doctor or nurse.
Table 3
Places of birth of the population (urban and rural)
|
Urban percentage
|
Rural percentage
|
Total percentage
|
Public health institution
|
92.7
|
68.7
|
91
|
Private health institution
|
3.6
|
7.1
|
2.9
|
Home
|
3.6
|
12
|
6
|
Other
|
0.1
|
0.2
|
0.1
|
Total
|
100
|
100
|
100
|
- As
for public health institutions, the following table shows the breakdown of
health facilities in the Jamahiriya and clearly indicates
the extent to which
therapeutic and preventive services have grown in the Jamahiriya, as well as the
success of the health development
programmes in achieving their objectives of
raising the standard of health in both urban and rural areas.
Table 4
Breakdown of health facilities by category
|
Main hospital
|
Public hospital
|
Village hospital
|
Community clinic
|
Health centre
|
Care unit A
|
Care unit B
|
Care unit C
|
23
|
17
|
19
|
24
|
21
|
163
|
128
|
254
|
549
|
Source: Thirty years of health and social services (1969-1999),
General People’s
Committee for Health and Social Security.
Table 5
Total number of hospitals and primary health-care
facilities
|
Community clinics
|
Health centres
|
Community care centres
|
Tuberculosis centres
|
83
|
21
|
163
|
931
|
21
|
Source: Ibid.
Table 6
Comparison of health facilities in 1969 and 1998
|
1969
|
1998
|
Tuberculosis centre
|
5
|
23
|
Community clinic
|
1
|
21
|
Health centre
|
5
|
163
|
Health-care unit
|
445
|
931
|
Health institute
|
3
|
64
|
Source: Ibid.
Table 7
Growth in number of beds over 20 years
|
Number of beds
|
1978
|
13 418
|
1998
|
20 325
|
Source: Ibid.
Table 8
Number of inhabitants per bed
|
Number of inhabitants
|
Number of inhabitants per bed
|
Number of beds per 1,000 inhabitants
|
20 325
|
4 768 897
|
243
|
4.2
|
Source: Ibid.
- As
for vaccinations, they are compulsory between the ages of birth and school
admission in accordance with the Vaccination Act promulgated
in 1970. The
vaccination programme has been through several stages of development with a view
to achieving full vaccination coverage
for all approved vaccines in order to
protect citizens against the communicable diseases for which preventive
vaccinations are available.
Table 9
New vaccination schedule
|
|
Age of child at vaccination
|
1.
|
Zero dose of poliomyelitis
|
|
2.
|
First dose of hepatitis B
|
Immediately after birth
|
3.
|
Tuberculosis (BCG)
|
|
|
|
|
1.
|
First dose of poliomyelitis
|
|
2.
|
Second dose of hepatitis B
|
6 weeks
|
3.
|
First dose of triple vaccine
|
|
|
|
|
1.
|
Second dose of poliomyelitis
|
|
2.
|
Second dose of triple vaccine
|
10 weeks
|
|
|
|
1.
|
Third dose of poliomyelitis
|
|
2.
|
Third dose of triple vaccine
|
14 weeks
|
|
|
|
1.
|
Measles vaccine
|
|
2.
|
Third dose of hepatitis B
|
8 months
|
|
|
|
1.
|
Triple vaccine booster
|
|
2.
|
Poliomyelitis booster
|
18 months
|
3.
|
Measles, mumps and rubella (MMR)
|
|
Source: Ibid.
Table 10
Vaccination coverage in the Jamahiriya
Vaccination
(children 1223 months)
|
Urban percentage
|
Rural percentage
|
Total
|
Tuberculosis
|
99.7
|
98.0
|
99.2
|
Poliomyelitis and triple vaccine: first dose
|
98.7
|
97.1
|
98.2
|
Poliomyelitis and triple vaccine: second dose
|
97.6
|
96.4
|
97.3
|
Poliomyelitis and triple vaccine: third dose
|
95.9
|
95.6
|
95.8
|
Measles
|
92.4
|
91.7
|
92.2
|
Source: Ibid.
- Statistics
from the Libyan Arab survey of maternal and child health of 1995 indicate that
the number of malnourished persons in the
Jamahiriya is lower than in some other
Arab States, as the proportion of underweight children is 4.7 per cent and the
proportion
of children who suffer from wasting stands at no higher than 2.7 per
cent. The proportion of stunted children is 15 per cent and
the
proportion of stunted children who also suffer from wasting stands at
just 0.2 per cent.
- The
programme to combat diarrhoea through treatment with oral solutions was also
implemented in different parts of the Jamahiriya
and reduced the numbers of
those who suffer diarrhoea, which, together with fever (high temperature), is
the main illness to which
children under the age of 5 are susceptible. Special
national committees have been formed to combat diarrhoea and respiratory
infection
in children by implementing the programme of the World Health
Organization (WHO).
- An
integrated health programme has been drawn up for schools throughout the
Jamahiriya to ensure that the necessary vaccinations and
regular medical
examinations are carried out and that attention is paid to the school
environment. The school health section has
also drawn up a long-term plan for
the 10-year period 1999-2009, which is designed to:
(a) Raise
the standard of health among school students;
(b) Protect students
against the health risks to which they are exposed, such as accidents,
environmental hazards, the widespread
smoking habit, narcotic drugs and
modern-day diseases;
(c) Protect students against and combat
communicable diseases and parasites;
(d) Raise health awareness in
schools among students, teachers and school workers;
(e) Monitor food in
internal departments and canteens in order to check that it meets hygiene
conditions and endeavour to improve
the nutritional status of
students;
(f) Raise the school hygiene standard;
(g) Provide
training for school health workers when they accept the job in order to
familiarize them with their particular responsibilities
and duties before they
start work by means of enlivening practical courses;
(h) Run training
courses for male and female teachers in order to familiarize them with the
school health programme;
(i) Form first aid associations of school
students;
(j) List and treat the chronic diseases and permanent
disabilities among students.
- A
guide for school health workers was prepared in 2000 in order to familiarize
them with the tasks and duties involved in implementing
the school health
programme.
Table 11
School health in the academic year 1997/98
Number of new students
registered in the first year of primary school
|
Number of first year primary school students
examined and vaccinated
|
Double vaccine
|
Poliomyelitis
|
Coverage (%)
|
Meningitis
|
Coverage (%)
|
103 782
|
84 906
|
85 514
|
82
|
77 364
|
74
|
Source: Ibid.
Table 12
Number of seventh grade students vaccinated
Number of students
registered in the seventh grade
|
Number of seventh grade students examined and
vaccinated
|
Tetanus
|
Poliomyelitis
|
Coverage (%)
|
84 868
|
70 670
|
71 313
|
84
|
Source: Ibid.
- Breastfeeding:
Breastfeeding is widely practised in the Jamahiriya. Findings show that, in
both rural and urban areas, 9 out of every
10 infants born during the period
1991-1995 were
breastfed. As for the timing of the first post-natal breastfeeding, findings
show that some 73 per cent of breastfed infants took
their first
feed within six hours of birth, in which respect there is no difference between
rural and urban areas. A special committee
on breastfeeding has been formed and
is responsible for developing a health awareness and education programme, the
implementation
of which has been assigned to various hospitals.
- As
for the incidence of HIV/AIDS, both among the population in general and among
children, the following table shows the number of
reported cases as at
1998.
Table 13
Reported cases of HIV/AIDS
|
Number of Libyan patients
|
Number of patients among foreign visitors
|
Total number of patients
|
Pre-1989
|
24
|
83
|
107
|
1989
|
5
|
12
|
17
|
1990
|
11
|
51
|
62
|
1991
|
6
|
117
|
123
|
1992
|
9
|
74
|
83
|
1993
|
2
|
12
|
14
|
1994
|
11
|
75
|
86
|
1995
|
16
|
289
|
305
|
1996
|
21
|
136
|
157
|
1997
|
38
|
69
|
107
|
1998
|
396
|
95
|
491
|
Total
|
539
|
913
|
1 552
|
Source: Ibid.
- The
National Committee for AIDS Prevention was formed in 1987. Through the national
programme to combat AIDS, this Committee carried
out the following
activities:
(a) It printed a number of educational leaflets and
publications, which it distributed to the public and to health
institutions;
(b) It revived the annual World AIDS Day, which falls on 1
December of each year;
(c) It participated in international scientific
gatherings;
(d) It directly supervised AIDS analysis equipment and
monitored the treatment of individual cases and families with the
disease;
(e) During the period 19-20 February 2000 under the banner of
“Africa united against AIDS”, it held its first conference
on AIDS,
which was attended by a number of international experts and several African
ministers of health;
(f) The case of the AIDS-affected children in
Benghazi has aroused enormous sympathy for the problem of AIDS in the
Jamahiriya.
The figures were as follows:
− Total number of cases: 405
− Total number of affected children: 386
− Total number of affected mothers: 19
− Total number of child deaths: 27
- Measures
taken to deal with the epidemic and treat cases:
(a) Preventive
measures were taken in Benghazi hospitals and the epidemic was
contained;
(b) The General People’s Committee took the decision to
send the sufferers abroad for treatment, with the justification that,
although
the drugs currently available do not destroy the virus, they nevertheless halt
its activity, control its spread, delay the
reduction of immunity, prolong
survival and improve quality of life;
(c) Patients were sent to four
European countries, specifically France, Italy, Austria and Switzerland.
Assessment of the situation
was a condition imposed by the medical centres in
those countries and administration of the drugs is recommended on the
patients’
return to the Jamahiriya;
(d) A sophisticated medical
laboratory fitted with the latest technology was imported and is now being
installed;
(e) A special AIDS clinic was fitted out in the
children’s hospital and antiviral drugs were imported. It should be
pointed
out that the drugs for one month’s treatment
cost $1,500;
(f) The guardians of the affected children have formed
an association to resolve the social difficulties facing the families of those
children and to produce awarenessraising programmes;
(g) Officials from
the Secretariat of Health said that hospital workers were behind the Benghazi
hospital case, which has been referred
to the judicial authorities for
examination.
- With
regard to the risks and dangers of environmental pollution and the measures
taken to counter them, the State accords the utmost
importance to environmental
sanitation, particularly as it relates to the provision of safe drinking water.
The results clearly
show that the public water network and springs constitute
the principal sources of drinking water in both rural and urban areas in
the
Jamahiriya. Between 88 and 90 per cent of urban families receive their drinking
water from one of these two sources, as compared
with 82 per cent of rural
families. The majority of cities and inhabited areas in the Jamahiriya rely for
their drinking water on
the Great Man-Made River.
- As
regards sewerage, 3,500 kilometres of main and secondary sewage pipes have been
laid to provide coverage for 53 per cent of towns
and villages throughout the
Jamahiriya, with the result that most areas with a population of over 5,000
inhabitants are now served
by a sewage network with a total treatment capacity
of 137 million cubic metres per annum.
- In
the area of public sanitation, the tasks of refuse collection, removal and
disposal have been assigned to the environmental protection
agencies of the
General People’s Committee for Housing and Public Utilities in accordance
with the provisions of the People’s
Committee Act No. 2 of 1998. The Act
introduced a number of amendments and additions to Act No. 1 of 1995,
concerning the functions
of the People’s Congresses and Committees, which
provide for the following:
(a) The promotion of partnerships
with joint-stock companies operating in the domain of municipal
sanitation;
(b) The raising of sanitation taxes payable by industrial
concessions and commercial enterprises so as to enable every
sha’biyya to provide the most comprehensive sanitation service
possible;
(c) The allocation of funds from the municipal budget to
support the public sanitation utility.
- In
keeping with the Great Jamahiriya’s belief in the role and importance of
the environment, the Technical Centre for the Protection
of the Environment and
the General Department for the Protection of the Environment have been merged to
form the General Agency for
the Protection of the Environment.
- In
terms of international cooperation and external communications, the Jamahiriya
plays an active role at the Arab, regional and international
levels in the
conclusion of agreements concerned with environmental protection. The most
significant of these activities are the
Jamahiriya’s membership in the
Council of Arab Ministers for Environmental Issues since 1989 and in the Centre
for Environment
and Development for the Arab Region and Europe (CEDARE). Over
the last two decades the Jamahiriya has also signed a total of
13
conventions and protocols that relate to the
environment.
- International
cooperation in the health services domain has been established with a number of
Arab States, including Tunisia, Algeria,
Morocco, Jordan, Syria and Egypt. It
was through this Arab cooperation that the Arab Maternal and Child Health Survey
was conducted
in conjunction with the League of Arab States. Cooperation has
also been instituted for the joint purchase of medicines (under Maghreban
auspices) and in the field of primary health care. Joint vaccination days have
been held and visits exchanged between medical teams.
- Cooperation
with African States takes place under the auspices of the Council of African
Ministers of Health and the joint Sahelo-Saharan
Council of Ministers. It
consists in efforts to combat contagious diseases and in training of medical
staff and exchanges of information
and health publications.
- Libya
has established cooperation with several European States in the following
domains:
(a) The recruitment of medical and medical ancillary
personnel for work in Libyan health and social institutions;
(b) The
import of medicines and medical equipment;
(c) Referral for treatment of
clinical cases which are too complex to treat in Libya;
(d) Training of
Libyan medical and medical ancillary personnel in the States
concerned;
(e) The recruitment of visiting professors who come to treat
particularly complex cases.
- In
addition, Libya has instituted cooperation with international organizations such
as the World Health Organization (WHO) and the
United Nations
Children’s Fund (UNICEF).
- Cooperation
with WHO takes the following forms:
(a) Requests for the
services of consultants who are experts in various fields of health and social
security;
(b) The purchase of equipment for use, inter alia, in primary
health care, community health and the Preventive Health
Programme;
(c) Attendance at regional and international
conferences;
(d) The acquisition by the Jamahiriya of up-to-date
periodicals and publications on a variety of subjects;
(e) Training
courses and workshops on a range of medical subjects that are held in the
Jamahiriya.
- The
emergency call centre sends expert medical teams to respond to outbreaks of
epidemics and disasters, as happened when cases of
AIDS were first discovered in
the city of Benghazi.
- Cooperation
with UNICEF takes the following forms:
− The sharing of know-how and information about successes that the
Jamahiriya has scored for children with other countries
of the
world;
− Training of Libyan personnel in the management of child-oriented
projects;
− Participation in awareness-raising and health education programmes
concerned with the treatment of diarrhoea, breastfeeding,
and safe
maternity;
− Development of a health information system;
− The purchase of reasonably-priced serums and vaccines from reliable
sources and their safe importation into the Jamahiriya.
Table 14
Health indicators
|
Value
|
Crude death rate
|
3.6%
|
Crude death rate per 1,000 population
|
7
|
Total fertility rate
|
4.2
|
Life expectancy at birth (males)
|
65
|
Life expectancy at birth (females)
|
68
|
Net annual population growth rate
|
2.9%
|
No. of economically active Libyans aged 15 years and over
|
38.45%
|
Percentage of economically active Libyans aged 15 years and over who
are women
|
15.3%
|
No. of inhabitants per hospital bed
|
243
|
Ratio of doctors per 1,000 population
|
1.4
|
Ratio of dentists per 10,000 population
|
1.3
|
Ratio of pharmacists per 10,000 population
|
2.3
|
Ratio of nurses per 1,000 population
|
3.6
|
Ratio of midwives per 1,000 population
|
1.7
|
No. of health institutions per 10,000 population
|
5
|
Infant mortality rate (per 1,000 live births)
|
24.4
|
Under 5 mortality rate (per 1,000 live births)
|
30.1
|
Maternal mortality ratio (per 100,000 live births)
|
40
|
Per capita daily calorie intake
|
3 787
|
Average per capita income
|
US$ 6 760
|
Source: Ibid.
C. Social security and childcare services and facilities
(art. 26 and art. 18, para. 3)
- Article
1 of the Social Security Act No. 13 of 1980 stipulates that social security is a
right which society guarantees to all citizens
in accordance with the terms set
forth therein ... together with protection for foreign residents. Social
security provides for
the social welfare of children and disabled persons who
are without a carer and also for the welfare and reform of juveniles involved
in
cases of delinquency and deviancy.
- Likewise,
the Social Insurance Act No. 53 of 1957 guarantees the child’s right to
social insurance by providing statutory insurance
benefits and allowances and
stipulating the conditions for entitlement thereto. The Act is defined under
the terms of Act No. 13
of 1980 as one of the basic texts governing social
security. According to the provisions of article 7 of the Basic Allowances Act
No. 16 of 1985 orphaned children and persons with no or few means of livelihood
are guaranteed a basic allowance which is not contingent
upon the payment of
contributions.
- The
Social Security Fund offers all recipients, including children, social security
benefits of the following two main types:
(a) Benefits in kind,
which take the form of social welfare in specialized institutions such as
nurseries and welfare homes for boys
and girls, welfare and rehabilitation
centres for persons with disabilities and reform institutions for juvenile
delinquents. Benefits
in kind also refer to the delivery of health care in
social health clinics and residential social centres and the provision of
prostheses
for disabled persons and persons with sensory or motor
disabilities.
(b) Cash benefits take the form of social security
allowances, which are disbursed against statutory contributions, and basic
allowances,
for which no contributions are required and that are entirely paid
for by the State.
- The
implementing regulations of the Social Security Act and Basic Allowances Act set
forth the conditions for entitlement to allowances
and provide for the conduct
of social studies on beneficiaries aimed at examining the circumstances of
children and of the persons
responsible for their care.
- Under
the terms of the Social Security Act, children are entitled to receive social
security benefits in the following circumstances:
1. In the event of the loss of the family provider;
2. Where the child has no means of subsistence;
3. In the event of a disaster or emergency;
4. Where the child is of unknown parentage;
5. In cases of delinquency and begging;
- Where,
in the estimation of a competent medical panel, the head of household suffers
from an illness or disability that renders him
or her completely or partially
unfit for work.
- A
child is also entitled to receive social security benefits through his parents
or a person providing for his care in the circumstances
specified in the Act and
its implementing regulations and, particularly, in the event of the
guardian’s retirement, death,
divorce, pregnancy or delivery of a
child.
- Social
security costs are paid for out of the following sources specified in
article 7 of the Social Security Act:
(a) Social security
contributions from beneficiaries, employment institutions, production
establishments and the Public Treasury;
(b) Receipts from taxes and
additional duties that are allocated for social security pursuant to a decree of
the General People’s
Committee. In fact, decrees have been promulgated to
raise additional taxes from the sale of cigarettes, movie theatre tickets and
so
on, in order to benefit social security;
(c) Annual allocations from the
State’s general budget to cover benefits payments and any shortfalls in
the social security
budget;
(d) Development budget funds for projects
under the umbrella of Social Security Fund programmes and services, including,
inter alia,
for the building of residences, clinics, social institutions
and welfare institutions for disabled persons and juveniles;
(e) Returns
on investments of social security funds;
(f) Receipts from the alms tax
(Zakat);
(g) Gifts, bequests and endowments;
(h) Accruals
from other sources of financing.
- The
provisions of article 8 of the Social Security Act No. 13 of 1980 bolster the
system of social security by prohibiting the utilization
of the abovementioned
funds to pay for the administrative or general expenses of the Secretariat for
Social Security.
- The
Social Security Act which was promulgated in 1980, approximately 10 years before
the signing of the Convention on the Rights of
the Child, has been remarkably
successful in offering subsistence and welfare guarantees to children in
particularly difficult circumstances.
D. Standard of living (art. 27, paras. 1, 2 and
3)
- As
everyone knows, a population’s standard of living is determined by the
performance of the economy and the policies of social
equity that are pursued.
With regard to the former, overall economic management and general policies have
focused on the concentration
of investments in economic and social projects, in
order to diversify sources of income and increase the level of selfreliance on
domestic production of goods and services. As a consequence, during the period
1973 to 1996, total capital formation financed by
the Public Treasury amounted
to 36,366.6 million dinars, raising Gross Domestic Product at current prices
from 1,288.3 million dinars
in 1970 to a figure of
13,742.8 million dinars in 1997. The composite growth rate rose to
9.8 per cent while the population growth
rate for the same period
amounted to 3.4 per cent. This is evidence of a high degree of
efficiency in economic performance over
the period. It is an undisputed fact
that without reasonable rates of economic growth (exceeding the population
growth rate) it
is not possible to increase the resources for and fundamental
components of subsistence nor is it possible to produce goods and services
or to
increase the population’s purchasing power so as to meet its basic needs
and improve its standard of living.
- With
regard to social equity, the State pursues a policy of achieving social justice
by distributing the benefits of development.
The narrowing of the income gap
between the different classes and sectors within society is perhaps one of the
most significant
achievements in this domain. It is possible to show and
measure the closing of the income gap using the Gini coefficient, which
is an
indicator of income inequality (the share of society’s total income that
goes to the upper quintile compared with that
which goes to the lowest
quintile). The data generated using the Gini coefficient index, which have been
elaborated on the basis
of the figures taken from the 1992/93 Family
Spending Survey, clearly show that the income gap is modest both as a national
average
and for the population as a whole. Patterns of income disparity
according to geographical distribution between the regions of the
Libyan Arab
Jamahiriya are also modest, if not negligible. For example, the figure for
Tripoli is 3.2, compared with one of 2.9
for Sebha, in the south of the country,
and 3.1 for Al-Jabal al-Gharbi.
Table 15
Income distribution, by area
|
Gini coefficient
|
Share of the highest quintile compared with that of the
lowest quintile
|
Al-Jabal al-Akhdar
|
0.1857
|
2.4
|
Benghazi
|
0.2064
|
2.8
|
Gulf of Sidra
|
0.2051
|
2.8
|
Tripoli
|
0.2200
|
3.2
|
Zawiyah
|
0.1801
|
2.4
|
Al-Jabal al-Gharbi
|
0.2217
|
3.1
|
Sebha
|
0.2145
|
2.9
|
National average
|
0.2086
|
2.8
|
- The
pattern of income distribution offers tangible proof that the State’s
economic and social policies have been equitably and
evenly applied between the
regions.
- Further,
evidence of this can be found in other indicators that are derived from an
analysis of budgeted administrative expenditure,
disaggregated by region, and of
the volume of public expenditure as distributed among the regions. The figures
in Table 16 clearly
show a remarkable degree of convergence in the
per capita share of expenditure received by each region. They also show
that the
per capita share of expenditure that goes to the poorest and most
remote
desert regions and to Al-Jufrah and Fazan, is on the
rise.
Table 16
Budgeted public spending (allocations) by
sha’biyya
|
No. of inhabitants
|
%
|
Total recommended allocation (in thousands of
dinars)
|
%
|
Per capita expenditure (in dinars)
|
Distribution of per capita expenditure (%)
|
Batnan
|
207 613
|
4.1
|
52.558
|
4.5
|
253
|
6.3
|
Al-Jabal al-Akhdar
|
430 394
|
8.5
|
154.968
|
10
|
360
|
9
|
Benghazi
|
550 901
|
11
|
138.521
|
9.3
|
249
|
6.2
|
Al-Wusta
|
167 062
|
3.3
|
55.395
|
3.7
|
331
|
8.3
|
Al-Wahat
|
194 824
|
4.1
|
28.882
|
2
|
148
|
4
|
Al-Jufrah
|
40 331
|
0.1
|
19.52
|
1.3
|
483
|
12.1
|
Suf al-Jin
|
74 987
|
1.4
|
20.586
|
1.3
|
270
|
7
|
Misratah
|
555 644
|
11
|
90.236
|
6
|
162
|
4
|
Al-Naqqazah
|
273 733
|
5.4
|
98.726
|
7
|
360
|
9
|
Tripoli
|
1 079 905
|
21
|
326.44
|
22
|
302
|
7.7
|
Al-Zawiyah
|
773 191
|
15
|
225.605
|
15
|
291
|
7.3
|
Al-Jabal al-Gharbi
|
381 288
|
7.5
|
131.104
|
9
|
343
|
8.6
|
Fazan
|
328 919
|
6.4
|
137.964
|
9.3
|
419
|
10.5
|
Total
|
5 058 792
|
100
|
1 480.505
|
100
|
292 659
|
100
|
Source: National Office for Information.
- Perhaps
one of the most significant of the other indicators in this domain is the
pattern of distribution and ownership of durable
goods between urban and rural
dwellers. The final results of the 1995 General Census show that the gap is
closing between rural
and urban households and that the level of prosperity and
improved living standards achieved by the general policies
and
development efforts of the State have been equitably distributed
among the population.
Table 17
Percentage of rural and urban households which own
consumer durables
|
Urban households
|
Rural households
|
Total
|
Television
|
97.3
|
91.5
|
95.8
|
Cooking stove
|
98.1
|
97.4
|
97.9
|
Refrigerator
|
94.0
|
91.2
|
93.3
|
Boiler
|
80.3
|
68.5
|
77.3
|
Radio
|
76.5
|
67.6
|
74.2
|
Electric washing machine
|
70.0
|
60.7
|
67.6
|
Source: National Office for Information.
- Mention
should be made of some of the most important policies and programmes which have
helped to reduce disparities in income distribution
and to achieve social equity
both nationally and regionally. These include the
following:
(a) The State has adopted an open-door policy in
order to guarantee work and employment opportunities for everyone at all levels
of
specialization and skill. The general wages policy that was adopted as a
corollary thereto has contributed in no small measure to
the redistribution of
income in the economically active sector and among households. Hence, those in
the highest income bracket
earn 4.6 times as much as those in the lowest income
bracket. This difference is very small, if compared with the large disparities
that are found in most advanced and industrialized nations, where, in some
cases, the difference can be as high as a factor of 75;
(b) All goods and
services are subject to administrative price controls, the levels of
which
are determined centrally for each basic consumer item and manufactured good
(whether imported or produced locally), in order
to ensure that prices are the
same in every region without distinction. In addition, administrative and
regulatory measures and
programmes of action are implemented to satisfy the
basic needs of all classes of citizens in a welfare State;
(c) Efforts
are made to increase the citizens’ purchasing power by achieving an
acceptable rate of growth in average per capita disposable income as a
proportion of Gross Domestic Product;
Table 18
Average per capita income as a proportion of GDP
|
GDP by income factor cost (in millions of dinars)
|
Population (in thousands)
|
Average per capita income (in dinars)
|
1970
|
1 288.3
|
1 963.0
|
656
|
1975
|
3 674.3
|
2 595.5
|
1 416
|
1980
|
10 553.8
|
3 180.8
|
3 318
|
1985
|
7 852.1
|
3 617.8
|
2 170
|
1990
|
7 749.6
|
4 525.0
|
1 713
|
1995
|
13 121.3
|
4 799.0
|
2 734
|
1997
|
13 742.8
|
5 249.4
|
2 618
|
Source: National Office for Information.
(d) Efforts have been made to increase total per capita income through
the application
of comprehensive social policies, the purpose of which is to
provide citizens with free educational and health services to improve
living
conditions, provide accommodation for all sectors of society, guarantee basic
allowances for all persons throughout the country
living in straitened
circumstances or without a family provider, and also to supply electricity,
water and transport services at
reduced prices;
(e) A national social security safety net is provided through a
comprehensive national
insurance system offering a wide range of benefits,
including the following:
(i) A basic allowance for persons on low incomes or without a family provider;
(ii) A system of family and housing benefits for wage earners;
(iii) A maternity assistance scheme;
(iv) The social welfare system;
(v) A pension scheme for civil servants and military
personnel;
(vi) Employee social security legislation;
(vii) An insurance scheme for aliens residing in the
Jamahiriya.
- The
Social Security Fund offers services in the form of various allowances to more
than 285,000 beneficiaries.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance
(art. 28)
- The
education system in the Great Libyan Arab Jamahiriya is founded on a series of
principles and fundamental precepts which determine
the structure, content and
characteristics of the educational process. The most important of these
precepts are described hereunder.
- The
principle of equality of opportunity is guaranteed under the Constitutional
Declaration promulgated by the Revolution Command
Council on 11 December 1969,
article 5 of which reads as follows: “All citizens are equal before
the law.”
- According
to article 14 of the Declaration: “Education is a right and duty for all
Libyans. It is compulsory up to the end
of the intermediate stage and is
guaranteed by the State through the establishment of schools, colleges,
universities, and cultural
and educational institutions, in which education
shall be offered free of charge. The circumstances under which it is
permissible
to establish a private school shall be regulated by law. The State
shall devote particular attention to the physical, mental and
moral welfare of
youth.”
- Similarly,
article 2 of the Education Act No. 134 of 1970 stipulates: “All
citizens shall enjoy equality of opportunity in the educational domain in
accordance with
the needs of the country” (Official Gazette No. 1,
1971).
- In
addition to the provision of free basic education, article 15 of the Great Green
Document affirms the principle of freedom of choice
in education in the
following terms: “Education and knowledge are a natural right of every
human being. Every human being
has the right to choose the education that suits
him and the knowledge that satisfies him without direction or
compulsion.”
- This
is the view expounded in the chapter of the Green Book entitled The Social
Basis of the Third Universal Theory, which describes the ramifications of
imposing a particular type of, or approach to, education and the effect that
this can have
of crushing a person’s talents and denying his freedom of
choice, creativity and selfexpression, since regimented education
is enforced
ignorance. This means that it is necessary to offer all types of education and
to allow people the freedom to gravitate
towards knowledge of their own accord.
“Societies which deny access to material knowledge are reactionary and
bigoted societies
that love ignorance and hate freedom. Knowledge is a natural
right of every human being and no one can deny another access to it
for whatever
reason. Ignorance will be eliminated once and for all when all things are known
in their true light.”
- This
is what the Green Book says and it is not incompatible with teaching children
basic reading, writing, arithmetic, geography,
sciences, history, physics, and
so on. It is a scientific principle which allows the child to choose the
education that suits him,
whether it be a general, technical, specialized,
industrial, commercial, agricultural, military or another type of
education.
- The
law makes provision for the basic education of children, establishing, as a
first principle, that it is free and compulsory.
According to article 1 of
Act No. 95 of 1975: “Primary and intermediate education is
compulsory for all children, boys and
girls alike, in accordance with the terms
set forth in the present Act.” Article 2 of the Act stipulates:
“Compulsory
school age begins at 6 years, calculated from the September
closest to the student’s sixth birthday.”
- The
provisions of the said Act apply to children over the age of 6 and not yet 15 at
the time of its entry into force. They also
make it compulsory for a guardian
to enrol his child of compulsory school age in primary school and to ensure his
or her regular
attendance therein up to the intermediate stage. According to
article 12 of the Act, any guardian who fails in this duty is liable
to a
penalty of a fine and will be denied access to government aid, assistance and
loans as well as banking loans. Furthermore,
any licence which he or she may
hold will be revoked or will not be renewed.
- The
Regulation concerning Primary Education stipulates that education is a right and
duty for all citizens, boys and girls alike,
at the primary stage. It is
provided free of charge in all State schools.
- In
the Memorandum concerning the Protection of Childhood which was adopted by the
General People’s Congress in 1991, the Basic
People’s Congresses
affirmed the necessity of providing resources for educational institutions.
Paragraph 7 of the Memorandum
reads as
follows: “Providing meaningful support for and follow-up to home
education programmes for early childhood, supplying the requirements
therefor
and overcoming the obstacles thereto using practical solutions and sound
administrative measures so as to ensure that [home
education] is embraced by
all, has success and progressively replaces its older counterpart as a new
cultural approach to education,
affirms that the conditions in existing
educational establishments must be excellent in terms of having high-quality
facilities and
following progressive methods of teaching and dealing with
children.”
- In
1984 the Basic People’s Congresses had discussed the subject of home-based
primary education and decided as follows:
“1. The People’s Congresses have decided not to implement this
idea at present, in view of the fact that the circumstances
of the Libyan family
do not allow it to undertake this role;
“2. The concept of home-based primary education is an advanced and
humanitarian concept which is characteristic of the new Jamahiri
society;
“3. The People’s Congresses for Education are committed to
providing those capable of doing so with the means to teach
their children at
home, on a trial basis, and to supporting them with the requisite academic
programmes and textbooks;
“4. The General People’s Committee for Education, together with
universities and colleges, shall prepare the requisite
studies on this
concept.”
- General
People’s Committee Decree No. 459 of 1984 was promulgated to make
provision for home-based primary education. Article
2 of the Regulation
issued on 19 July 1984 stipulates as follows: “The
People’s Committees for Education in the municipalities
undertake to
provide those capable of doing so with the means to teach their children at
home, on condition that at least one of
the parents holds an intermediate
qualification.” The Regulation stipulates that the child must undergo
continuous assessment
throughout the academic year in accordance with the
Regulation concerning the Basic Rules for Public Examinations and Certificates
which applies to regular schoolchildren. The Regulation also specifies the
measures required for its implementation.
- Encouragement
is given to secondary education in the Jamahiriya in accordance with the terms
of this article of the Convention. The
Regulation concerning Secondary
Education was promulgated by the Council of Ministers on 1 October 1973.
Article 1, paragraph 2,
thereof stipulates: “Education at this
stage shall be provided free of charge in all schools established by the
State.”
The Regulations concerning Commercial Education, Teacher Training
Colleges, and the Islamic Research Institute were all promulgated
on the same
date. Other legislative enactments include Act No. 12 of 1977,
concerning the regulation of intermediate colleges:
the
General People’s Committee Decree concerning the Expansion of Technical
Colleges and
Establishment of Secondary Colleges for Girls; Act No. 68
of 1976, concerning technical, agricultural and industrial education; the
Council of Ministers Decree of 1974 promulgating the Regulation concerning
Institutes of Physical Education; the Council of Ministers
Decree of 1976
promulgating the Regulation concerning Technical Colleges for Girls; and the
Council of Ministers Decree of 1976 promulgating
the Regulation concerning the
Institute of Arabic Calligraphy.
- This
is evidence of the encouragement that is given to the development of different
forms of secondary education, in conformity with
the provisions of the
Convention, and is reaffirmed in the following recommendations that have been
put forward by the Basic People’s
Congresses:
- “Education
should be placed in the service of the Transition and Construction Plan, by
producing a workforce that has the technical
skills to fulfil the requirements
of the Plan” (1976);
- “Intermediate
technical education should be expanded and traditional crafts incorporated into
academic curricula” (1976);
- “Attention
should be given to technical education and to vocational training and scientific
research programmes” (1987);
- “General
secondary schools should be transformed into specialized and technical secondary
schools” (1987);
- “Education
policy should be reviewed in the following manner:
“(a) The educational system operating in the Jamahiriya should be
reviewed and a new educational infrastructure should be
created for Jamahiri
society that satisfies its needs and fulfils its aspirations. Provision should
be made for early specialization
and the replacement of general secondary
schools with specialized secondary schools that are linked to university
education;
“(b) The focus should be on curricula which meet the needs of each
type of discipline at all stages of education;
“(c) Students should be empowered to choose areas of study that
reflect their wishes, academic background and intellectual
and physical
aptitudes;
“(d) Attention should be given to the Arabic language as the
fundamental vehicle for the expression of the Arab personality
and to
integrating
institutional responsibilities with those of the family and the
mosque.” (1982).
- With
regard to the provisions of article 28, paragraph (1), subparagraph (b), of the
Convention, concerning the provision of financial
assistance in case of need, a
Decree of the Minister of Education was promulgated on 5 May 1974 for the
purpose of revising student
grants. According to article 1 of the Decree:
“The grants awarded to Libyan students attending technical, vocational and
teacher training colleges shall be assigned as follows:
“1. Male and female students attending private teacher training
colleges, technical and vocational secondary schools, and religious
education
institutes at the same level shall receive:
Ten (10) Libyan dinars per month, if they are boarders; and
Fifteen (15) Libyan dinars per month, if they are day pupils.
“2. Male and female students attending public teacher training
colleges, technical and vocational preparatory schools, and religious
education
institutes at the same level shall receive:
Six (6) Libyan dinars per month, if they are boarders; and
Ten (10) Libyan dinars per month, if they are day pupils.
“3. Non-Libyan students ‘coming in’ on scholarships and
enrolled at intermediate colleges shall receive:
Ten (10) Libyan dinars per month, if they are boarders; and
Twenty (20) dinars, if they are day pupils.”
- In
1974, the purchasing power of a grant of 15 dinars per month was the equivalent
of US$ 50 worth of gold, since it could be exchanged
directly at a foreign
bank under the same terms as any other freely convertible
currency.
- With
regard to financial assistance for students, the Basic People’s Congresses
have adopted the following decisions:
(a) Financial assistance
will continue to be provided to students (1983);
(b) Any decision issued
without a legislative text or in contravention of the decisions
of the
People’s Congresses concerned with the payment of student grants during
the holidays shall be disregarded, and the matter
will be left to the
People’s Congresses for Education to take a decision in that regard
(1984).
- It
is a matter of public policy that educational and training services and
resources be provided free of charge. This means that
the Public Treasury bears
the costs of these services
and facilities, ranging from the construction of schools, institutions,
universities, and training and rehabilitation centres and
institutes, to the
provision of educational and training equipment and supplies, and the
recruitment of teachers and trainers. The
State also sets up boarding sections
for children from remote areas, and the Treasury pays for their accommodation
and living expenses.
- The
State pays for thousands of students who go abroad each year either to complete
advanced courses of study at the undergraduate,
master’s or doctoral
levels or to pursue short-, medium- or long-term training. The Treasury pays
their expenses for the entire
period of study and gives the student or trainee a
monthly allowance. It also pays for any health services provided to the student
and the costs of his or her travel from and to the designated State during the
holidays or upon his final return to the country.
In addition, it pays any
costs which the student incurs during the course of study for books and
educational and training supplies.
- In
this connection, total administrative expenditure on education and training out
of the public budget amounted to 3,473 million
dinars over the period 1990 to
1997, corresponding to 21.4 per cent of the State’s total
administrative budget. Total spending
on development over the same period
amounted to 579 million dinars, accounting for 12.3 per cent of total State
expenditure on development.
- This
signifies that total State expenditure on education and training, broken down
according to administrative and development spending,
amounted to 4,052.1
million dinars over the last seven years, corresponding to 19.3 per cent of the
State’s total administrative
and development budget.
- In
order to give effect to the child’s right to education, access to higher
education is guaranteed to all through a variety
of means. Several universities
have been established, including the Open University, which was established
under the terms of General
People’s Committee Decree No. 670 of 1987.
Article 2 of the Decree stipulates that the Open University strives to provide
education on a distance-learning basis, offering everyone an opportunity to
choose the subjects that suit them and the methods that
they want, without
specifying any preconditions in respect of age and academic qualifications. The
Open University endeavours to
achieve the following
objectives:
(a) To disseminate knowledge and culture;
and
(b) To give effect to the principle of freedom of education.
- In
order to realize these goals the University may use the following methods and
media:
(a) Audio-visual media;
(b) Video tapes;
(c) Reading materials;
(d) Any other media or activities that may
contribute to the realization of these goals.
- The
principles and precepts set forth above and the regulations, laws and
legislative measures pertaining thereto have strengthened
the educational
system, which has been designed and structured with a view to ensuring
conformity and consistency with these fundamental
constitutional and legal rules
in the country and which specify a series of prerequisites which must be taken
into account when initiating
any process of development or change, regardless of
its scale.
- In
addition, it should be noted that, since the submission of our previous report
(CRC/C/28/Add.6) on 23 May 1996, efforts have focused
on the following
developments in education:
(a) The expansion of independent,
mixed and private education, which involves allowing professionals and experts
to set up independent
(private) educational establishments, ranging from
kindergartens to universities, and including centres and colleges that offer
training
in modern occupations such as computing, accountancy, the decorative
arts, the health-care profession, physical fitness, and the
hotel and tourism
trade;
(b) The system for administering education has been revamped so
that responsibility for its management has been directly devolved
to the local
sha’biyyat (sha’biyyat are local administrative
areas). For example, when we refer to the sha’biyya of Benghazi we
mean the administrative borders of the Benghazi area. Thus, each
sha’biyya is responsible for education and the other service
sectors within its administrative borders). National educational planning and
policy are the responsibility of the Basic People’s Congresses, which
submit their recommendations and decisions to the General
People’s
Congress. The General
People’s Congress codifies and shapes these
recommendations and decisions into a general educational policy with which all
executive
bodies, including the sha’biyyat, are required to
comply;
(c) The educational system in the Great Jamahiriya is founded on
a philosophy and strategy formulated by the Basic People’s
Congresses
during their sessions. Educational policy is implemented under the auspices of
the local sha’biyya. It should also be mentioned that educational
and vocational training services are offered at all stages of education and in
all
disciplines by establishments that have been duly licensed in accordance
with the law and its implementing regulations. The establishments
may be owned
by the public, an individual, a partnership, or a joint-stock company. The
General People’s Committee (which
is the country’s highest executive
authority) defines their working procedures, methods of financing and technical
standards.
No institution may be created for the purpose of developing
competence or providing a basic training preliminary to the acquisition
of
skills or knowledge in any discipline without the approval of the General
People’s Committee. Public budgetary measures
are adopted pursuant to a
recommendation of the Basic People’s Congresses (as codified by the
General People’s Congress).
Once they have been approved, the General
People’s Committee for Finance transfers the allocations for education to
the sha’biyyat in the provinces for disbursal on public educational
establishments, taking due account of local needs and the population density
in
each region. Estimated expenditure on public education, including basic,
intermediate and university education, amounts to approximately
20 per cent of
the annual operating budget.
- The
Great Jamahiriya has taken all the requisite steps to apply the principles of
the Convention by incorporating them into its educational
legislation and all
other legislation relating to children. There is no discrimination or
inconsistency in the opportunities afforded
to all children in respect of access
to education and all other services, as illustrated by the
following:
(a) Approximately 20 per cent of the annual operating
budget is allocated to education, its share being distributed according to need
and on the basis of the population density in the different
regions;
(b) Basic education is compulsory and free of charge for all
children up to the end of basic school age (15 years). Accordingly,
the family
does not incur any real costs for the education of its children. Education is
also free of charge at the other stages.
A family wishing to have its children
taught at independent or private schools is entirely free to do so and it
consequently bears
the costs of educating its children in such
institutions;
(c) The Arabic language is the language of all the
inhabitants of the Jamahiriya. Since there are no local languages, Arabic is
the
language of education. English is taught at Libyan schools from the seventh
grade of basic education up to the end of university,
depending on the
learner’s needs, the discipline and the type of academic curriculum. All
Libyan citizens and non-Libyans
residing in the Jamahiriya can study any
language they wish at schools and independent educational establishments that
are open to
all, male and female alike;
(d) The Great Jamahiriya
guarantees every person an education according to his or her age, level of
maturity, aptitudes, preferences
and wishes, and without discrimination between
males and females, through the mechanisms and institutions established by the
State
and the efforts of the private sector. The most important mechanisms
include schools; training centres; colleges; educational institutions
for
children and young persons with special needs; universities; programmes of
further study; scientific research; and tailor-made
programmes such as training
courses and courses of further study in specific disciplines or
occupations;
(e) The Great Jamahiriya has a sufficient number of teachers
for the different stages
of education. There are an estimated 200,000 men
and women teachers throughout the Jamahiriya, in addition to 5,554 university
teachers.
The Jamahiriya continuously endeavours to improve teaching
performance and enhance the quality of teaching through:
(i) Faculties of education at Libyan universities;
(ii) Teacher training colleges;
(iii) Vocational trainer training centres;
(iv) In-house training courses;
(v) Planning of special teacher development programmes and
courses;
(vi) Regular seminars and workshops;
(vii) Research and educational studies on teacher
performance;
(viii) Educational inspection and advice bodies in the
regions;
(f) The Jamahiriya takes all measures and disposes
of all facilities to make education
accessible to everyone, male and female
alike in urban, rural and desert areas, by locating schools close to the
child’s home.
A child’s guardian can be prosecuted for failing to
send his children to school up to the end of basic education (when the
child
reaches the age of 15). Support is given to the voluntary efforts of the
non-governmental and private sectors to set up educational
establishments in
order to disseminate education countrywide, including for children with special
needs;
(g) Illiteracy has disappeared completely among young people under and
over the age
of 18. Even the few cases that do exist, occur among those in
the over-50 age bracket and can be attributed to the fact that the
sons of the
Libyan Arab people were denied education during the days of Italian colonial
rule. Everyone in the Jamahiriya has a
right to education, regardless of their
age, sex, social origins, or whether they come from the countryside or the
town;
(h) There are several informal systems of education in the
Jamahiriya consisting in
intensive courses run by private educational
institutions or individuals, and lessons in the memorization of the Holy Koran
which
are run by mosques. However, they must all comply with the principles and
aims of the educational philosophy that has been adopted
by the country and the
technical and administrative educational standards and conditions applicable
therein;
(i) Since the submission of the Jamahiriya’s first
periodic report, the country has
taken action to:
(i) Decentralize education by devolving educational management to the
sha’biyyat (the people’s administrative bodies operating at
the local level);
(ii) Restructure universities in order to reduce their number to nine. This has
been done for planning purposes and with a view
to improving the quality of
university education;
(iii) Twenty-seven teacher-training colleges have been
established;
(iv) Allocate a separate budget for each sha’biyya, which can be
spent without having to refer to the central bodies responsible for the public
budget;
(v) Diversify teaching methodologies at the intermediate (secondary) stage,
creating specialized secondary schools, colleges and
centres offering training
for a full range of occupations;
(vi) Undertake more studies and research into the effectiveness of the
educational process and the internal and external efficiency
of the educational
system, covering drop-out rates, teacher performance, and the general quality of
education;
(vii) Encourage the holding of seminars, symposia and workshops which throw
light on and examine all elements and aspects of the
educational
process;
(j) The main goals for the future of education in the Jamahiriya are
described below:
(i) Education in the Jamahiriya must be oriented towards addressing the needs
and demands of the twenty-first century, in order to
enable the country to keep
pace with global developments in this century and the different challenges they
pose;
(ii) Education must be improved and diversified in keeping with the
Jamahiriya’s overall development needs. The country must
draw on the
experiences of the developed world in using education to achieve sustainable
human development;
(iii) The independent and private sectors must be involved in education and in
the financing of educational institutions;
(iv) The quality of teaching must be improved and modern teaching methods
employed;
(v) Computing and information technology must be incorporated into the
educational process at all levels;
(k) Some of the principal mechanisms that are used for monitoring purposes
include:
(i) Planning and monitoring committees which operate at the level of the General
People’s Congress and the General People’s
Committee;
(ii) The educational employment committees of the National Centre for Planning
and Training (a State-owned educational research and
consultancy
body);
(iii) Requests for assistance from international educational organizations, such
as the United Nations Educational, Scientific and
Cultural Organization
(UNESCO), to carry out assessments of the educational system as a whole or in
part, focusing on its effectiveness
and internal and external performance as
well as its capacity to address the challenges of the
future;
(l) With regard to educational outcomes, tables 19-24
below illustrate the progress
that has been achieved in education in the
Jamahiriya.
Table 19
Basic education development indicators for the
period 1986 to 1999
|
No. of students
|
No. of Classes
|
Class density
|
No. of teachers
|
Teacher- student ratio
|
1986/87
|
1 132 642
|
41 856
|
27.1
|
64 864
|
17.5
|
1987/88
|
1 162 810
|
42 304
|
27.5
|
70 831
|
16.4
|
1988/89
|
1 193 637
|
42 736
|
27.9
|
77 424
|
15.4
|
1989/90
|
1 254 100
|
46 108
|
27.2
|
87 883
|
14.3
|
1990/91
|
1 175 300
|
43 235
|
27.1
|
85 537
|
13.7
|
1991/92
|
1 238 986
|
45 790
|
27.1
|
99 623
|
8.0
|
1992/93
|
1 254 278
|
46 789
|
26.8
|
103 791
|
8.3
|
1993/94
|
1 357 040
|
55 990
|
24.2
|
99 981
|
7.4
|
1994/95
|
1 306 300
|
58 186
|
25.0
|
107 284
|
12.2
|
1995/96
|
1 365 000
|
59 078
|
23.1
|
135 120
|
10.1
|
1996/97
|
1 256 582
|
47 919
|
26.2
|
75 458
|
6.0
|
1997/98
|
1 218 882
|
49 022
|
24.9
|
106 125
|
8.7
|
1998/99
|
1 160 315
|
34 778
|
33.4
|
146 386
|
7.9
|
Source: National Centre for Education and Training Planning,
The Educational Process in the Great Jamahiriya (Tripoli, 1999), p. 89
(National Centre for Education and Training Planning Publications).
Table 20
Number of female students in basic education as a
proportion
of all students at that level (1969/70 to 1998/99)
|
No. of students (male and female)
|
No. of female students
|
Female students as a percentage of the total
|
1969/70
|
347 162
|
109 754
|
31.6
|
1975/76
|
668 525
|
291 218
|
43.6
|
1980/81
|
818 550
|
377 753
|
46.1
|
1985/86
|
1 036 446
|
489 045
|
47.2
|
1990/91
|
1 175 229
|
558 477
|
47.5
|
1995/96
|
1 460 442
|
715 617
|
49.0
|
1997/98
|
1 214 975
|
589 485
|
48.5
|
1998/99
|
1 160 315
|
576 676
|
49.7
|
Source: National Centre for Education and Training Planning,
The Educational Process in the Great Jamahiriya (Tripoli, 1999), p. 148
(National Centre for Education and Training Planning Publications).
Table 21
Number of students, teachers and classes at the
intermediate
and secondary school stages (1984/85 to 1998/99)
|
No. of students
|
No. of teachers
|
No. of classes
|
Class density
|
Teacher- student ratio
|
1984/85
|
109 700
|
8 343
|
2 342
|
46.8
|
13.1
|
1985/86
|
120 400
|
7 616
|
2 596
|
46.4
|
14.0
|
1986/87
|
93 865
|
5 401
|
2 927
|
32.1
|
17.4
|
1987/88
|
105 762
|
7 044
|
3 264
|
32.4
|
15.0
|
1988/89
|
95 576
|
7 198
|
2 922
|
32.7
|
13.3
|
1989/90
|
123 700
|
10 296
|
4 082
|
30.3
|
12.0
|
1990/91
|
156 800
|
10 872
|
5 071
|
30.9
|
14.4
|
1991/92
|
181 368
|
14 941
|
5 985
|
30.3
|
21.1
|
1992/93
|
175 746
|
17 182
|
6 248
|
28.1
|
10.1
|
1993/94
|
239 240
|
24 184
|
7 291
|
32.8
|
9.9
|
1994/95
|
183 200
|
15 139
|
6 650
|
27.9
|
12.1
|
1995/96
|
194 500
|
17 688
|
5 406
|
36.0
|
11.0
|
1996/97
|
264 829
|
20 174
|
8 642
|
30.6
|
13.1
|
1997/98
|
177 489
|
21 404
|
5 928
|
29.9
|
8.3
|
1998/99
|
244 070
|
34 553
|
6 624
|
36.8
|
7.1
|
Source: National Centre for Education and Training Planning,
The Educational Process in the Great Jamahiriya (Tripoli, 1999), p. 104
(National Centre for Education and Training Planning Publications).
Table 22
Number of female students in secondary education (general
secondary and
intermediate education) as a proportion of all students
(male and female)
at this stage (1969/70 to 1998/99)
|
No. of students (male and female)
|
No. of female students
|
Female students as a percentage of the total
|
1969/70
|
9 761
|
1 071
|
11
|
1975/76
|
26 651
|
5 070
|
19
|
1980/81
|
55 954
|
15 732
|
28
|
1985/86
|
112 173
|
59 677
|
53
|
1990/91
|
148 706
|
78 600
|
53
|
1995/96
|
251 275
|
135 901
|
54
|
1997/98
|
217 548
|
124 644
|
57
|
1998/99
|
244 070
|
141 560
|
58
|
Source: National Centre for Education and Training Planning,
The Educational Process in the Great Jamahiriya (Tripoli, 1999), p. 150
(National Centre for Education and Training Planning Publications).
Table 23
Increase in the number of students in higher education and
training
in the period from 1975 to 1999
|
No. of students attending university
|
No. of students at higher education colleges
|
Total
|
1975/76
|
13 418
|
-
|
13 418
|
1980/81
|
19 315
|
1 130
|
20 445
|
1984/85
|
32 770
|
3 080
|
35 850
|
1989/90
|
50 475
|
3 916
|
54 391
|
1992/93
|
101 093
|
12 921
|
114 014
|
1993/94
|
116 473
|
16 912
|
133 385
|
1995/96
|
136 274
|
27 574
|
163 848
|
1998/99
|
165 447
|
58 877
|
224 324
|
Source: National Centre for Education and Training Planning,
The Educational Process in the Great Jamahiriya (Tripoli, 1999), p. 208
(National Centre for Education and Training Planning Publications).
Table 24
Number of female students at Libyan universities,
and as a percentage
of all students (1970/71 to 1998/99)
|
No. of students (males and females)
|
No. of female students
|
No. of female students as a percentage of total
|
1970/71
|
5 198
|
567
|
11
|
1971/72
|
6 291
|
735
|
12
|
1975/76
|
13 418
|
2 146
|
16
|
1980/81
|
19 315
|
4 056
|
21
|
1981/82
|
30 051
|
7 900
|
23
|
1984/85
|
32 770
|
11 142
|
34
|
1991/92
|
72 899
|
32 805
|
45
|
1992/93
|
101 093
|
48 525
|
48
|
1993/94
|
118 869
|
53 584
|
45
|
1994/95
|
144 412
|
67 874
|
47
|
1995/96
|
136 274
|
69 499
|
51
|
1998/99
|
165 447
|
83 640
|
51
|
Source: National Centre for Education and Training Planning,
The Educational Process in the Great Jamahiriya (Tripoli, 1999), p. 160
(National Centre for Education and Training Planning Publications).
- Basic
(primary and preparatory) education is compulsory and free of charge for all
boys and girls in the Jamahiriya. Children begin
primary education at the age
of 6 and the age of 15 is regarded as marking the upper age limit for compulsory
education (the end
of basic education). An estimated 98 per cent of
children are enrolled in school and complete their primary education. Students
in the first to fourth grades of basic education are not assessed by means of
traditional annual examinations, but using a continuously
updated report card to
assess the student’s academic progress and determine whether he or she
should be promoted to the next
grade or repeat the year.
- In
addition to secondary (literary and scientific) education the Great Jamahiriya
has introduced new forms of secondary education
that differ from the traditional
model that is familiar to the Arab region. Specialized secondary schools have
been established
covering 24 fields of specialization in the following six
disciplines:
(a) Basic
sciences;
(b) Medicine;
(c) Agricultural
science;
(d) Engineering and industrial science;
(e) Social
sciences;
(f) Arts and the media.
- The
prescribed course of study for each of these disciplines lasts four academic
years. This approach is believed to serve two functions:
Firstly, it provides
graduates with a foundation for pursuing their university studies in subjects
that are suited to their areas
of specialization. Secondly, it furnishes
students whose circumstances or abilities preclude them from continuing with
their studies
with a technical background that will help them to pursue an
occupation suited to their technical expertise. The figures in Table
25 show
the numbers of specialized secondary schools and students who were enrolled
therein during the 1997/98 academic year.
Table 25
Number of specialized secondary schools and (male
and female) students
for the 1997/98 academic year
Type
of specialized secondary school
|
No.
|
No. of students
|
Total
|
Male
|
Female
|
Basic sciences
|
117
|
1 695
|
12 752
|
14 447
|
Life sciences
|
37
|
1 094
|
2 608
|
3 702
|
Arts and the media
|
2
|
91
|
562
|
653
|
Social sciences
|
53
|
1 524
|
4 141
|
5 665
|
Engineering sciences
|
18
|
912
|
226
|
1 138
|
Total
|
227
|
5 316
|
20 284
|
25 605
|
Source: Secretariat for Education and Scientific Research,
General Department for Planning and Monitoring, Documentation and Statistics
Unit, General Statistics on Public Education for the 1997/98 Academic
Year (Monitoring Report).
- Another
form of vocational secondary education that has recently appeared in the
Jamahiriya has been designed to produce workers who
have technical skills in a
range of different trades and crafts. A course of study lasts from between two
and three years and covers
44 occupations that can be grouped under
the following seven headings:
(a) Occupations concerned with
electricity (10 areas of specialization);
(b) Occupations concerned with
mechanics (10 areas of specialization);
(c) Carpentry (three areas of
specialization);
(d) Building and construction (four areas of
specialization);
(e) Textiles (five areas of
specialization);
(f) Services (five areas of
specialization);
(g) Manufacturing (seven areas of
specialization).
- All
forms of education are made available to every child free of charge, unless the
family wishes to have its children educated at
a private, fee-paying
school.
- All
branches of secondary education are free of charge. The State provides the
requisite technical and financial assistance for forms
of specialized secondary
education which require closer attention because they are new. It does this by
setting aside an extra budget
to be used to construct the requisite facilities
and furnish them with equipment, machinery and qualified teachers. Secondary
education
at all stages and in all disciplines is offered to everyone in
accordance with their abilities and preferences.
- University
education in the Great Jamahiriya is available to all, men and women alike, on
the basis of merit and ability. The proportion
of persons in the 18-24 age
group enrolled in higher education in the Jamahiriya has risen to approximately
35.4 per cent, a ratio
of approximately 4,270 students for every
100,000 inhabitants (1996 estimates). According to UNESCO estimates for
the same year,
this is the highest ratio in the Arab world. The enrolment rate
in colleges of higher education amounts to 15 per cent, as against
a figure of
85 per cent in universities.
- All
children have access to information and guidance in the spheres of education and
vocational training. This matter is a State
responsibility and is regulated
under the terms of the following legislation:
(a) The General
People’s Committee Decree establishing and defining the functions of the
Higher Committee for School Textbooks
(Official Gazette No. 8 of
1979);
(b) The General People’s Committee Decree promulgating the
Regulation concerning Financial Rewards for Writers of School Textbooks
(Official Gazette No. 30 of 1985);
(c) The General People’s
Committee Decree authorizing the establishment of a jointstock company for the
import and manufacture
of office equipment and calculating machines (Official
Gazette No. 15 of 1979);
(d) The General People’s Committee
Decree concerning contracts for school textbooks (Official Gazette No. 8 of
1988);
(e) The General People’s Committee Decree concerning
contracts for the import of school equipment (Official Gazette No. 27
of
1989);
(f) The General People’s Committee Decree promulgating the
Regulation concerning Home-Based Education, article 2 of which reads
as
follows: “The school shall furnish the legal guardian of a student
enrolled therein in home education with the textbooks
prescribed by the
curriculum, on one occasion each year, the home-education manual and all
available educational resources. It shall
dispense the requisite advice to the
student and work with him or her to resolve any problems that may
arise.”
- The
following mechanisms are used to evaluate the effectiveness of the information
and advice provided:
(a) Educational advice
bureaux;
(b) Teachers’ opinions and
assessments;
(c) Evaluation studies and research;
(d) Input from
parents and experts;
(e) Feedback from the student.
- The
budget allocated for evaluation purposes comes out of the local
authority’s education budget.
- The
Great Jamahiriya supports both formal and informal methods of promoting regular
school attendance and reducing drop-out rates
using various mechanisms, the most
important of which are described here below:
(a) In cooperation
with the family, the student’s circumstances and the reasons for his
failure to keep up with his schooling are investigated;
(b) In
cooperation with the family, remedial courses are provided for the student at
school;
(c) The student may be referred to a psychologist or school
social worker for a
psychological, educational and social
assessment;
(d) Local and national studies and research are conducted to help in the
formulation
of the policies necessary for the promotion of school attendance
and suppression of the phenomenon of students dropping out of
school;
(e) Children who drop out of school and who, for various reasons,
have no hope of
attending school regularly, are normally guided towards
basic vocational training centres where they can learn a job or trade that
is
suited to their abilities. This is organized in conjunction with local
vocational and industrial training and apprenticeship
programmes.
- In
addition to the foregoing, legal measures have been adopted with a view to
promoting regular school attendance, of which the most
important are outlined
below.
- Article
12, paragraph 1, of the Compulsory Education Act No. 95 of 1975 stipulates that
if a child fails to attend school without good reason after a warning has been
issued to his father
or legal guardian in pursuance of the provisions of article
10 of the said Act, or if the child’s father or legal guardian
fails to
abide by any of the obligations set forth in the same Act, the matter will be
referred to the police station which has jurisdiction
over the father or
guardian and he or she shall be alerted to the necessity of guaranteeing the
child’s regular attendance
and continuance with his or her studies and
that failure to do so will give rise to the application of the measures
applicable in
such cases.
- The
Regulation concerning Student Discipline was promulgated by General
People’s Committee Decree No. 253 of 1983 on 17 April
1983 (Official
Gazette No. 32 of 1983). It draws a distinction between measures taken against
students under 14 years of age and
those that may be imposed on students over
that age. A student may be punished by being given a low mark for personal
conduct and
by having his or her legal guardian notified thereof. At the limit,
he or she may be barred from staying in a student residence
for a period of not
more than one week or excluded from all municipal schools for a period of one
academic year. With regard to
children under the age of 14, the procedure is to
first offer them counselling, then to inform their guardian of the situation,
and
finally to exclude them from school for a period of not more than one week.
This Regulation applies to both the compulsory and post-compulsory
stages of
education.
- No
class or group of children is denied the right to education, although some
children may be kept from school temporarily because
of an illness, particularly
an infectious disease, or because they have been temporarily excluded as a
disciplinary measure. In
all cases arrangements are put in place to help the
child catch up with the educational opportunities that he or she has
lost.
- On
2 October 1973 the Council of Ministers Decrees promulgating the Regulations
concerning Primary and Preparatory (Basic) Education
and Secondary
(Intermediate) Education were promulgated (Official Gazette No. 10 of 1979).
These Regulations specify the principles
underpinning the regulation, and
administration of schools and educational guidance. They stipulate that there
should be no more
than 30 students to a class in a primary and preparatory
school, while secondary schools should have no more than 32 students in
each
class. They also specify the skills and qualifications expected of teachers,
headmasters and educational counsellors as well
as the aims of school
administration and the methods for assessment and evaluation. Both Regulations
prohibit the infliction of
physical violence or punishment on children and
uphold the principles of the best interests of the child and the need to respect
his or her views.
- The
Jamahiriya has concluded international cooperation agreements with a number of
States with a view to strengthening international
cooperation in matters
relating to knowledge and education. Details of these agreements are found in
Table 26.
Table 26
Official Gazette
|
Name of State
|
Legal instrument
|
No.
|
Year
|
1
|
Argentina
|
Revolution Command Council Decree
|
47
|
1975
|
2
|
Spain
|
Revolution Command Council Decree
|
1
|
1967
|
3
|
Germany
|
People’s Committee Decree No. 624/87
|
15
|
1988
|
4
|
Uganda
|
Revolution Command Council Decree
|
10
|
1973
|
5
|
Pakistan
|
Revolution Command Council Decree
|
65
|
1975
|
6
|
Bulgaria
|
Revolution Command Council Decree
|
24
|
1977
|
7
|
Bulgaria
|
Revolution Command Council Decree
|
9
|
1973
|
8
|
Bulgaria
|
Act No. 10 of 1977
|
23
|
1977
|
9
|
Bulgaria
|
General People’s Committee Decree
|
18
|
|
10
|
Poland
|
Revolution Command Council Decree
|
63
|
1975
|
11
|
Poland
|
Act No. 6 of 1988
|
29
|
1988
|
12
|
Poland
|
General People’s Committee Decree No. 379/87
|
4
|
1990
|
13
|
Turkey
|
Revolution Command Council Decree
|
44
|
1975
|
14
|
The former
Czechoslovakia
|
Revolution Command Council Decree
|
2
|
1976
|
15
|
The former
Czechoslovakia
|
General People’s Committee Decree
|
18
|
1979
|
16
|
Tunisia
|
Act No. 2 of 1990
|
27
|
1990
|
17
|
Italy
|
Act No. 4 of 1986
|
14
|
1986
|
18
|
Algeria
|
General People’s Committee Decree No. 196/89
|
17
|
1989
|
19
|
Algeria
|
Act No. 2 of 1990
|
27
|
1990
|
20
|
Algeria
|
General People’s Committee Decree
|
27
|
1989
|
21
|
Russia
|
Revolution Command Council Decree
|
3
|
1976
|
22
|
Romania
|
Act No. 4 of 1980
|
14
|
1986
|
|
|
|
|
|
Table 26 (continued)
|
Name of State
|
Legal instrument
|
No.
|
Year
|
23
|
Zaire
|
Revolution Command Council Decree
|
41
|
1975
|
24
|
Senegal
|
General People’s Committee Decree No. 329/89
|
26
|
1989
|
25
|
Syrian Arab Republic
|
Act No. 4 of 1986
|
14
|
1986
|
26
|
Syrian Arab Republic
|
General People’s Committee Decree No. 317 of 1988
|
26
|
1989
|
27
|
Syrian Arab Republic
|
Act No. 2 of 1990
|
27
|
1990
|
28
|
Sierra Leone
|
Revolution Command Council Decree
|
8
|
1976
|
29
|
Sri Lanka
|
Revolution Command Council Decree
|
52
|
1975
|
30
|
Sri Lanka
|
Revolution Command Council Decree
|
66
|
1975
|
31
|
China
|
Act No. 4 of 1986
|
14
|
1986
|
32
|
Guinea-Bissau
|
General People’s Committee Decree No. 383 of 1988
|
34
|
1988
|
33
|
Cameroon
|
Act No. 108 of 1975
|
15
|
1976
|
34
|
Democratic People’s
Republic of Korea
|
General People’s Committee Decree
|
1
|
1979
|
35
|
Malaysia
|
Revolution Command Council Decree
|
23
|
1977
|
36
|
Hungary
|
Revolution Command Council Decree
|
1
|
1976
|
37
|
Hungary
|
Revolution Command Council Decree
|
63
|
1975
|
38
|
Hungary
|
General People’s Committee Decree
|
8
|
1979
|
39
|
Mauritania
|
Revolution Command Council Decree
|
10
|
1973
|
40
|
India
|
Act No. 4 of 1986
|
14
|
1986
|
41
|
Yemen
|
Act No. 49 of 1971
|
43
|
1971
|
42
|
People’s Democratic
Republic of Yemen
|
Act No. 7 of 1971
|
17
|
1971
|
43
|
Yemen
|
General People’s Committee Decree No. 635 of 1987
|
22
|
1988
|
- In
addition, Libya has concluded cultural cooperation agreements many countries
throughout the world.
- One
of the functions of the Ministry of Education and Public Instruction that is
specified in article 18, paragraph 2, of the Education Act No. 134 of 1970 is to
contribute to the elimination of ignorance and illiteracy (Official Gazette
No. 1 of 1971). Act No. 23 of
1968, concerning the promotion of
literacy and adult education, was also promulgated for that same purpose
(Official Gazette No.
17 of 1976).
- The
objective of facilitating access to scientific and technical knowledge and
modern teaching methods is enshrined in article 7,
paragraph 2, of the
Regulation concerning Secondary Education promulgated by a Decree of the Council
of Ministers on 2 October 1973
(Official Gazette No. 10 of
1979), which reads as follows: “Academic curricula shall be designed in
accordance with the subjects
prescribed for classes at this stage so as to
achieve the general purposes and specific objectives of each subject, with
particular
emphasis on the following goals: (7): To draw attention to the
role played by the technical sciences in the exploitation of the
nation’s
natural resources and their utilization in the development of plant, animal and
mineral resources and the improvement
of production methods in his country,
using the knowledge and know-how available to him at this
stage.”
- The
Great Jamahiriya carries out numerous activities and innovative programmes in
the spheres of education, culture and vocational
training. These programmes are
designed to help improve the quality of basic and specialized secondary
education and teacher training
colleges. Several budgets have been earmarked
for that purpose. Broadly speaking, these efforts give priority to tailoring
education
towards the development of the student’s personality, achieving
the Jamahiriya’s development goals, meeting the challenges
of the
twenty-first century, promoting international understanding, and learning from
the experiences of others.
- The
Jamahiriya has undertaken numerous evaluative studies of basic and intermediate
education, particularly specialized secondary
education, with help from UNESCO
and the United Nations Development Programme (UNDP), with a view to
modernizing education, introducing
information technology at the basic and
secondary stages, designing academic curricula and training for specialized
secondary schools,
and improving teacher performance.
It is also
noteworthy that no serious difficulties have been encountered in this regard,
apart from the time taken for planning and
implementation.
- The
Jamahiriya makes equal use of its own experts and of the assistance of the
United Nations and its specialized agencies, particularly
UNESCO, UNICEF
and the International Labour Organization (ILO), in order to improve its
educational system in keeping with the purposes
and principles set forth in
article 29 of the Convention and the goals of Libyan society which aim at using
education as a tool for
achieving socio-economic progress and sustainable human
development.
B. Aims of education (art. 29)
- One
of the most important aims of basic (primary and intermediate) education is to
develop the child’s personality, talents
and mental and physical abilities
to their fullest potential. This is clearly stated in the provisions of article
4 of the Regulation
concerning Primary Education which was promulgated by a
Decree of the Council of Ministers on 2 October 1973. Similarly, section
I,
article 4, of the Regulation concerning Secondary Education stipulates that the
purpose of secondary education is to ensure the
general improvement and complete
mental, physical, moral, social and civic development of the student. The aim
of developing children’s
talents is enshrined in all educational
regulations which have been promulgated to regulate basic and intermediate
(secondary) education.
- According
to the Great Green Document on Human Rights, all citizens, whether children or
adults, male or female, enjoy all human rights.
No one may impair these sacred
rights other than in pursuance of the laws and regulations laid down by the
Basic People’s
Congresses. Since human freedom and dignity are sacrosanct
in Jamahiri society, numerous laws, educational regulations and policies
have
been promulgated to promote respect for human rights. The essence of the Great
Green Document on Human Rights is perfectly
consistent with the principles of
human rights and freedoms enshrined in the Charter of the United Nations as they
relate to children.
Moreover, article 1 of the statutes of the World Permanent
Organization for Jamahiriya Youth stipulates that the organization must
help to
give effect to human rights in cooperation with United Nations agencies and the
different countries of the world.
- It
is noteworthy that the subject of human rights, including the rights of the
child, has been incorporated into basic and intermediate
school curricula in
science and Islamic instruction courses. It is also taught at faculties of
literature, law, education, arts
and media studies, and in educational research
seminars. Students pursuing advanced courses of study in these faculties have
prepared
master’s and doctoral theses on human and civil rights, which
usually take the form of a comparative study of the Islamic Shariah
and positive
law or a civil law case study.
- At
its session held on 2 March 2000, the General Peoples’ Congress
established a Secretariat, called the Secretariat for Legal
Affairs and Human
Rights, the principal function of which is to ensure respect for the fundamental
freedoms of citizens and human
rights principles in all spheres of public and
private life.
- With
regard to the development of respect for the child’s parents, his or her
own cultural identity and the values of the country
in which the child is
living, the country from which he or she may originate, and for civilizations
different from his or her own,
these principles are enshrined in all the
educational legislation of the Jamahiriya, in pursuance of the provisions of Act
No. 18
of 1972, concerning the establishment of the Higher Council for National
Guidance, and the Regulations concerning Basic and Intermediate
Education (art.
4, para. 2, art. 3, para. 2, and art. 4, para. 3). These regulations are
intended to ensure the development of respect
for the child’s parents, his
or her own identity and country, and for other cultures and civilizations. This
principle is
translated into practice through academic curricula and school
activities in which students are given information about the world
and its
history, geography and culture that is pitched according to their age. Children
are also encouraged to reproduce this information
in art lessons, including
drawing and music classes, and through their hobbies. The Libyan visual media
show children’s programmes
which help students to understand their own
identity and the identity of others, regardless of who they may be, and
encourage them
to show respect towards and appreciation of
others.
- Libyan
children have frequently contributed pictures and drawings on the subject of
other civilizations to Libyan, regional and international
exhibitions. Indeed,
they have won prestigious awards for them. Moreover, the fact that many foreign
students attend Libyan or
foreign schools [in the Jamahiriya] because they are
living there with their parents, provides ample opportunities for interaction,
cooperation and mixing through games, competition and joint
activities.
- With
regard to the objective of preparing the child for responsible life in a free
society, in the spirit of tolerance and equality
of sexes, and friendship among
all peoples, educational programmes endeavour to achieve this using every
possible means and method
and encourage children to develop a spirit of
understanding and love of peace beginning in their local environment and
extending
to the entire world. The Jamahiriya’s success in promoting
equality of sexes has been very well publicized. It is not restricted
to
education, but extends to all spheres and domains.
- In
the field of basic education, for example, the percentage of female students as
a proportion of all students in basic education
rose from 31.6 per cent in the
1969/70 academic year to 49 per cent in 1998/99.
- Whether
Libyan children are raised in the family, school and local environments
according to traditional or modern methods of socialization,
they are all taught
to love others and to respect their cultures and differences. Libyan children
are the children of the Mediterranean,
a crossroads at which different kinds and
types of civilization come together. Consequently, they have long been
accustomed to dealing
with others. Through their youth organizations, such as
boy scouts associations, clubs and schools, Libyan children not only learn
about
other cultures and cultural identities, but they also get involved in collecting
money for children in need in situations of
natural disasters and war.
Virtually every nation and nationality is represented in the Jamahiriya at
present. This means that,
from a very early age, Libyan children learn about
the identity of others, and how to show them respect, and interact with them in
a spirit of tolerance, understanding and respect.
- With
regard to respect for the natural environment, environmental education has
formed part of basic and secondary school curricula
ever since the new
educational system was introduced in the Jamahiriya in 1982. It was also
included in the work on curriculum development
that was carried out in 1990.
Environmental education is pitched according to the student’s level of
intellectual development
and is incorporated into geography, social sciences,
life sciences, public health and civic education curricula at the pre-university
level. At the postsecondary stage, environmental issues are incorporated into
the teaching of architectural planning, civil engineering
and general culture,
as a compulsory subject for all university students regardless of their
specialization.
- Basic
education institutions also pursue educational, cultural and social activities
that focus on respect for the natural environment.
Boy scouts and girl
guides’ associations, children’s and youth organizations, and
private children’s associations
contribute by organizing field trips,
workshops and recreational camps, many of the activities of which serve to
promote respect
for and the protection of the natural environment, to help
children and young persons understand the concepts associated therewith,
and to
create a positive relationship between the child and the general environment in
which he lives.
- Teachers
receive training about ways to achieve the above-mentioned objectives
through:
(a) Teacher-training curricula taught at
teacher-training colleges and faculties;
(b) School
workshops;
(c) In-house training;
(d) Educational advice and
guidance;
(e) Awareness-raising and information from the Teachers’
Journal which is published by the General Teachers Union of the Great
Jamahiriya, and through the other media that are concerned with education and
culture.
- School
policies and academic curricula at all stages of education are regularly
reviewed, modified and improved to take account of
the goals set forth in
article 29 of the Convention. The following examples serve to illustrate
the point:
(a) Basic and intermediate school curricula were
reviewed in 1989 and 1994 to take account of all the provisions of the
Convention
on the Rights of the Child;
(b) Secondary school curricula
were reviewed over the period from 1990 to 1995 in the light of the
provisions of the Convention;
(c) Efforts are made to ensure that
university education is consistent with the goals set forth in article 29 of the
Convention pertaining
to human rights and the promotion of scientific
research;
(d) The programmes and disciplines used towards this end fall
into two categories:
(i) Cultural and social programmes designed by educational and social
institutions and which include basic and intermediate school
curricula;
(ii) Disciplines such as the social sciences, legal sciences, literature, arts,
media studies, social services, and advanced study
programmes that form part of
university education.
- The
Great Jamahiriya promotes all forms of education and guidance suited to the
realization of the goals laid down in the Convention
on the Rights of the Child,
including the provisions of article 29 thereof, by encouraging children to
express their views and to
participate in the life of the school both at the
basic and intermediate stages. As regards university education, students make
up the bulk of the members of the People’s Committees that direct and
steer universities and faculties and institutes of higher
education. In
addition, the Students’ Union represents the voice of students in society
and at university.
- Every
effort is made to make the school an intellectual, educational and democratic
centre where students receive human rights education
and training. Each school
has its own people’s educational congress with its own secretariat that
meets regularly to discuss
all matters affecting the school. The decisions and
recommendations which it issues are forwarded to the school’s board of
governors and the local department of education, which either strive to
implement them or take them into account when formulating
daytoday school policy
or general educational policy for the local area or even the Jamahiriya as a
whole.
- Moreover,
the Great Green Document on Human Rights, together with all legislation and laws
pertaining to education, regards participation
by the student in school life as
a democratic right. Students are also free to choose the discipline or
knowledge which they wish
to learn, since “knowledge is a natural right of
every human being”.
- The
measures taken to guarantee the liberty of individuals and bodies to establish
and direct educational institutions, in accordance
with the provisions of
article 29, paragraph 2, of the Convention, can be summed up in the
statement that the Jamahiriya grants complete
liberty to any Libyan or alien
residing in the Jamahiriya to establish a school, subject to the laws applicable
to independent education
and educational partnerships. In all cases, any
educational institution that may be established is continuously monitored in
order
to ensure that it is being run in a manner consistent with the educational
standards required by the Jamahiriya and with the principles
set forth in
paragraph 1 of article 29 of the Convention.
- Independent
schools must comply with procedures designed to ensure that they comply with the
provisions of the Convention. The most
important of these procedures are
described hereunder:
(a) They must submit periodic reports to
the authorities with competence for the administration of independent
education;
(b) They are subject to periodic inspection, scrutiny and
monitoring aimed at verifying the application of educational standards
therein;
(c) All final educational examinations must be certified by the
educational authorities responsible for the management of independent
education;
(d) Under the terms of Libyan law, any school which fails to
comply with public health and safety regulations or to provide a sufficient
number of teachers and experts in education and in educational and social
counselling shall be closed down;
(e) Schools must guarantee an
environment that is conducive to the free and safe development of the
child.
- All
independent schools must provide evidence to show that
they:
(a) Have due regard for human rights and teach human
rights directly or indirectly;
(b) Foster respect for other
civilizations and cultures;
(c) Apply the principle of equality of
sexes;
(d) Pay due regard to the best interests of the child.
- Tangible
progress has been achieved in the implementation of this article. Some of the
greatest obstacles encountered with implementation
are outlined
hereunder:
(a) Some of the persons who are responsible for
education in the Jamahiriya take the view that all the principles enunciated in
this
article of the Convention are already enshrined in and applied under
Libya’s educational legislation, and that its Islamic
culture embraces all
the principles affirmed by article 29 and the other articles of the
Convention, as well as all the human rights
principles advocated by the Charter
of the United Nations;
(b) Some independent (private) schools have been late in submitting
their reports on the implementation of the provisions of the
Convention,
including with regard to article 29 of the Convention;
(c) Some
independent (private) schools which are owned by foreign communities in the
Jamahiriya may not be required, for reasons
peculiar to them, to comply with the
Convention. The Libyan authorities can only intervene in educational, health,
and technical
matters to ensure that these schools are complying with
Libya’s laws on independent education.
- It
is noteworthy that Libyan educational policy endeavours to fully apply the
provisions and articles of the Convention through lawmaking,
awareness raising,
a process of gradual implementation, and the formulation of specific programmes
of action.
C. Recreation, leisure and cultural activities
(art. 38)
- The
Jamahiriya has taken numerous measures and steps in the sphere of
children’s recreation, leisure and cultural activities,
notably through
the promulgation of General People’s Congress Decree of
17 June 1991 concerning the Protection of Children.
Article 22
of the Decree stipulates that provision should be made in town and village
planning for squares, playgrounds, gardens,
and children’s services and
facilities that guarantee children, particularly those with disabilities, space
to grow and the
freedom to move, run and play in a healthy and safe environment.
The General People’s Congress also promulgated the Child Protection
Act No. 5 of 19 December 1997, regulating childcare policy
legislation in the Jamahiriya, including as it relates to recreation,
leisure
and cultural activities.
- The
Great Jamahiriya recognizes the child’s right to rest and relaxation.
Accordingly, all Libya’s social, health, education
and civil laws affirm
this principle and specify the penalties applicable to any person who places a
child at risk, whether by depriving
him or her of education or rest, subjecting
him or her to torture, or forcing a child under the legal working age to work.
Libyan
law also maintains that it is natural for a child to be with his or her
natural family. The law clearly stipulates that guardianship
may be withdrawn
from a legal guardian who harms the family or a child therein in any way,
including by depriving the child of rest
and recreation or subjecting him or her
to any form of physical, mental, social or moral harm.
- The
General Company for Recreational and Educational Toys and Tools was established
on 22 August 1985 to cater, inter alia, for the
manufacture, import
and development of children’s toys in accordance with the cultural
specificities of Libyan Arab society.
- With
regard to the provision of recreation and rest, school curricula are generally
expected to leave time for children to play and
to require students to spend
less time studying in basic education than in intermediate (secondary)
education, thereby recognizing
the importance of giving children time for rest,
recreation and play.
- All
Libyan legislation recognizes the child’s right to play games and pursue
recreational activities that are appropriate to
his or her age. Educational and
social institutions offer opportunities for children to play at school and in
clubs, children’s
institutions, summer residences, and summer and winter
camps, with due account being taken of the child’s age and individual
needs.
- As
regards the child’s participation in cultural life, the Jamahiriya,
through all its institutions and organizations, imposes
no restrictions or
conditions on participation by children in the cultural life of Libyan society
and in all other artistic and sports
activities. For example, children take
part in programmes broadcast by the audiovisual media and in events organized by
clubs, schools,
and summer camps, including up to the highest levels in the
Jamahiriya. Children also take part in one way or another in most formal
and
informal celebrations and events, and in a variety of programmes and cultural,
artistic, sports and musical events.
- Under
the terms of article 13 of the Child Protection Act No. 5 of 1997, the
State’s annual public budget must allocate, within
the provisions for the
different sectors, a special budget for the welfare of children; this must
provide funding for children’s
culture, the promotion of children’s
literature and publishing and the expansion of children’s theatre,
libraries and
learning, serving an educational and cultural purpose which
contributes to the development of the child while providing him or her
with
opportunities for enlightenment and creativity. The budget must make provision
for these activities to be carried out at the
local level.
- A
great number and variety of recreational and cultural activities are pursued,
consisting in the following:
(a) Programmes concerned with
physical and mental recreation and relaxation, such as sports and physical
games;
(b) Programmes concerned with mental relaxation, such as
competitions in which the child is given an opportunity for
self-expression;
(c) Programmes concerned with intellectual relaxation
and growth, such as cultural and knowledge-based
programmes;
(d) Programmes concerned with social and group recreation,
in which the child has a sense of belonging to the group and to the national
and
international communities.
- These
programmes are delivered through the following
institutions:
(a) Kindergartens;
(b) Public and private
schools offering basic education;
(c) The Public Toy
Company;
(d) Clubs, summer resorts, youth camps, and field
trips;
(e) The Jamahiriya’s educational programmes;
(f) The
General Movement for Boy Scouts and Girl Guides;
(g) Radio and
television broadcasting companies;
(h) The Public Institute for
Tourism;
(i) Public and private associations, particularly
women’s, family and childhood associations and associations for social
defence
against crime;
(j) Children’s clinics and
hospitals;
(k) Homes for children with special needs;
(l) Social
institutions of the Social Security Fund;
(m) Private travel and tourism
agencies;
(n) The Higher Committee for the Welfare of Children, and its
branches throughout the country.
- In
addition to the above, Libyan children enjoy all the rights recognized in
article 31 of the Convention, including the right to
education. The
Secretariat for Education has also issued an ordinance (Official Gazette No. 29
of 1993) supplementing the measures
advocated by the Convention by providing for
the establishment of a department for children’s culture, in keeping with
the
terms of article 17 of the Convention.
- All
these programmes, together with other types of programmes and services, must be
offered without any form of discrimination between
the sexes, except in respect
of the specific characteristics and attributes with which they have been endowed
by the Great and Almighty
God, and they must also have due regard for all the
circumstances of rural, desert and urban areas. The best interests of the child
are the primary focus of these programmes. God has bestowed upon Libyan society
characteristics of homogeneity and cohesiveness
that protect its children in all
matters great and small. This is hardly surprising, since it is a feature of
Arab culture and a
duty imposed by its Islamic Shariah, which respects and
honours all human beings, large and small, male and female alike. It is
also
consistent with the words of the Almighty God: “We have created man and
placed him at the highest rank.”
- The
Jamahiriya has made great progress in implementing the provisions of
article 31 of the Convention in accordance with local, regional
and
international standards. There have been no significant difficulties other than
the time taken to design the programmes and
the shortage of particular experts
and specialists for children’s recreational and cultural programmes. This
problem is normally
resolved by soliciting the services of experts from Arab
States and regional and international organizations who help with programme
design and formulation.
- The
goals for the future can be summarized as follows:
(a) To
continue efforts to develop and improve these programmes and to promulgate the
requisite legislation towards that end;
(b) To involve non-governmental
organizations in child welfare programmes, in which provision is made for
recreation and cultural
activities;
(c) To establish, participate in,
and cooperate with regional and international confederations for
children;
(d) To hold more workshops and academic symposia to discuss
child welfare issues and children’s recreational programmes and
cultural
and artistic activities;
(e) To exchange expertise and experiences in
child-related sectors with States and international organizations and
institutions,
and to organize joint activities with them for the purpose of
promoting mutual understanding and cultural linkage between the peoples
and
nations of the world.
VIII. SPECIAL MEASURES FOR THE PROTECTION OF CHILDREN
A. Children in situations of emergency
1. Children of
refugees (art. 27)
- The
Jamahiriya is convinced that peace between nations is a guarantee of prosperity
for all. It consistently calls for the security
and stability of all nations
and for opposition to wars, the results of which, indubitably, entail loss and
deprivation for children.
- On
that basis, the Jamahiriya has signed the 1969 Organization of African Unity
(OAU) Refugee Convention, which is regarded as being
more comprehensive than the
1951 Convention relating to the Status of Refugees and its Protocol on the
Situation of Refugees. The
latter Convention refers only to political refugees,
while the OAU Convention covers refugees in humanitarian emergencies and
situations
such as disasters, earthquakes, volcanic eruptions, fires, floods,
and so on. The Jamahiriya has formed a committee of the competent
authorities
to consider the feasibility of acceding to the 1951 Convention.
- Libya
has given assistance in many different forms to the thousands of refugees who
have applied to it for shelter and protection.
It has hosted large numbers of
children from Bosnia and Herzegovina, the Sudan, Somalia, Lebanon and
Mozambique. It continues to
offer aid and assistance to displaced persons
arriving in the country, particularly children, until they return to their
homes.
2. Children in armed conflict (art. 38)
- The
Jamahiriya abides by the Charter of the United Nations and the principles
enshrined therein which seek to serve humanity and protect
the human person
in all circumstances. It also complies with all international instruments,
notably the Universal Declaration of
Human Rights, and all United Nations
resolutions concerned with the protection of children and women in situations of
emergency and
armed conflicts, particularly General Assembly resolution
3318 (XXIX) adopted on 14 December 1974. It is a party to the four Geneva
Conventions of 1949, concerning the victims of armed disputes, and their
Protocols.
- At
the national level, the Jamahiriya has enacted laws and legislation for the
protection of children. The Labour Code prohibits
the recruitment of children
under the age of 18 in armed conflict and the Child Protection Act No. 5,
provides special protection
for children in these
circumstances.
B. Children subject to the system for the administration of
juvenile justice
1. The administration of juvenile justice (art. 40)
- The
Libyan Penal Code stipulates as follows:
(a) Criminal offences
shall be punished in accordance with the law in force at the time of their
commission. However, if a law is
enacted following the commission of the
offence and prior to the final judgement which is more favourable to the accused
person,
that law alone shall apply. If a law is promulgated after the final
judgement has been rendered, decriminalizing an act of which
the offender has
been found guilty, the judgement shall be arrested and its criminal effects
shall cease;
(b) Criminal offences and penalties are determined only by
the law;
(c) The legal penalties established for any criminal offence
can be enforced only under the terms of a judgement issued by a competent
court;
(d) Section XIV of the Code of Criminal Procedure deals with
questions pertaining to the prosecution of minors and establishes special
procedures for the protection of minors, as described hereunder.
- A
juvenile court shall be established in the jurisdiction of every criminal court
and a magistrate shall be appointed thereto.
- This
court shall have competence for ordering the adoption of preventive measures
pertaining to minors and for prosecuting minors
over 14 and under 18 years of
age. A summons to appear in court shall be issued at least three days prior to
the hearing, unless
distance dictates otherwise.
- The
summons shall specify the charge and the articles of the law stipulating the
penalty therefor. In cases of flagrante delicto, the summons may be
issued at an earlier date. If the accused appears before the court and requests
a recess in order to prepare
his defence, the court shall grant him the time
specified in paragraph 1.
- An
accused person in a criminal case must have the services of a defence lawyer.
If he has failed to choose a lawyer, the examining
magistrate, Department of
Public Prosecutions, prosecutor’s office or court shall appoint one for
him. An appeal for civil
rights cannot be heard by the juvenile courts. The
court must hear the witnesses without the minor being present, but a verdict
of
guilt cannot be delivered unless the minor has been informed of the nature of
the testimony against him. The verdict must be
pronounced in open
court.
- Any
measure of which the accused minor must be informed by law shall, to the extent
possible, be communicated to his or her parents
or legal guardian. These
parties shall be entitled to pursue, on the minor’s behalf, every avenue
of appeal against the sentence
established in the judgement, provided that this
is done on the basis of the procedures applicable in his case. The appeal shall
be referred to the chamber of the competent court of the first instance and it
shall be heard in a prompt manner.
- Hearings
against minors are attended by the parents and other relatives of the child as
well as by representatives of the Secretariat
for Justice and of charitable
associations concerned with juvenile affairs.
- The
court shall also guarantee the presence of a simultaneous interpreter, whose
services are provided free of charge. The child’s
private life is
protected throughout all stages of proceedings and, if the circumstances
necessitate his preventive detention, he
or she must be placed in a reform
school, an institution designated by the State, a recognized charitable
establishment, or in the
custody of a trustworthy person.
- In
cases involving criminal offences and misdemeanours, account is taken of the
social and environmental circumstances in which the
young person was raised and
his motives for committing the crime. The views of expert officials, physicians
and other experts may
be sought in this regard.
- As
indicated above, there are special courts for young persons which follow their
own special procedures. Juvenile rehabilitation
and reform institutions also
play their part and report directly to the Secretariat for Social Security. A
young person under 14
years of age cannot be held criminally liable. However, a
judge may order preventive measures in respect of a young person who was
under 7
years of age at the time when he committed an act legally designated as a crime.
A person who was over 14 but not yet 18
years at the time when he committed the
act and who was capable of discernment may seek a twothirds reduction of the
penalty.
- A
young person who has been found guilty of an offence must serve his sentence in
an institution for juvenile offenders which offers
a special juvenile
rehabilitation and reform programme designed to prepare the young person to
become a useful member of society.
Institutions, such as these, known as
juvenile rehabilitation and reform centres, are monitored by the Department for
Social Affairs.
When a young person is admitted to a centre, the centre’s
social workers and psychologists carry out a social and psychological
assessment. The young person is then enrolled in different programmes in order
to provide him with an education, develop his skills,
and train him for a range
of occupations. He is also provided with comprehensive health care. The young
person is able to maintain
contact with his or her family through weekly
visits.
2. Children deprived of their liberty, including by means of any form of
detention, imprisonment or placement in a custodial institution
(art. 37, paras. (b) and (d))
- Measures
involving deprivation of liberty are taken in accordance with the relevant legal
procedures regulating the enforcement of
both judgements and preventive measures
ordered by a judicial body. The juvenile court judge oversees the enforcement
of judgements
against juveniles who come under the jurisdiction of his court
together with orders for the application of preventive measures involving
the
deprivation of a young person’s liberty.
- No
child may be arrested, detained or imprisoned other than in the manner
prescribed by law, such measures being used as a last resort
and for the
shortest period of time. If the circumstances necessitate the preventive
detention of a young person over the age of
14, he must be placed in a reform
school, an institution designated by the State, a recognized charitable
establishment, or in the
custody of a trustworthy person. It is for this
purpose that juvenile welfare and reform centres have been created to
accommodate
young persons found guilty of criminal acts. It is also possible to
hand over a young person to the custody of his or her parents
or legal
guardian.
- National
legislation makes provision for preventive measures that fully protect the best
interests of the child, respect his or her
views and guarantee his right to
life, survival and development.
- One
of the alternatives to depriving a young person of his liberty after he has
committed a crime is to place him in the custody of
his parents or a trustworthy
person or under the supervision of a public authority or body responsible for
the welfare and supervision
of juveniles. This option is available for all
juveniles, regardless of their region or province of origin or social
background.
- If
a young person under the age of 14 represents a menace, the magistrate, after
considering the gravity of the act and the social
circumstances of his family,
must order him to be placed in a juvenile rehabilitation and reform institution
or under supervision,
unless it is possible for supervision to be carried out by
surrendering him to the custody of his parents or a person who is responsible
for his education and care.
- The
aforementioned measures are also applicable to persons aged over 14 and
under 18 years of age who are deemed not to have been
capable of
discernment when they committed the offence.
- Boys
and girls are kept apart from one another in juvenile rehabilitation and reform
centres.
- The
judicial authorities, including the Department of Public Prosecutions, carry out
ongoing inspections of institutions and establishments
responsible for the
enforcement of arrest, detention or imprisonment orders in all
sectors.
- It
is not permissible to impose or enforce penalties that have not been prescribed
by law, since only the law can establish penalties.
The law punishes every
person who imposes or enforces a penalty that has not been prescribed by law or
who fails to report to the
authorities any case in which a non-legally
established penalty has been imposed or enforced.
- With
regard to prompt access to legal assistance, the law stipulates that in criminal
cases a person being tried before a juvenile
court must have the services of a
defence lawyer. If the accused person fails to choose a defence lawyer, one
shall be appointed
for him by the examining magistrate, Department of Public
Prosecutions, the prosecutor’s office or the court.
- The
right to legal assistance is guaranteed at all stages of the investigation and
trial. Legal assistance may also take the form
of explaining to the young
person the substance of the testimony given by the witnesses and informing his
or her parents or legal
guardian of any legal measures to be taken. The parents
or legal guardians have the right to pursue, on the young person’s
behalf,
every available avenue of appeal. It is possible to challenge the legality of
depriving a minor of his liberty, since this
is a right which is guaranteed to
the young person and his tutors.
3. Sentencing of minors, with special reference to the
prohibition of
capital punishment or life imprisonment (art. 37
(a))
- The
penalties of capital punishment or life imprisonment cannot be imposed upon
children under any circumstances. Where a young person
(over 14 and under 18
years of age) commits a criminal offence punishable by death or life
imprisonment, both these penalties are
replaced by a term of imprisonment of no
more than five years, to be served in a juvenile education and reform home in
order to rectify
and reform the young person’s conduct.
C. Children in situations of exploitation, with specific
reference to their
physical and mental rehabilitation and social
reintegration (art. 39)
1. Economic exploitation, particularly child labour
(art. 32)
- The
Jamahiriya is totally opposed to all forms of exploitation, in accordance with
the principles enunciated in the Holy Koran. The
Great Green Document on Human
Rights also rejects exploitation and calls for resistance thereto. The
Jamahiriya complies with the
provisions of the Universal Declaration of Human
Rights and of the resolutions of the World Summit for Children granting children
special protection against economic exploitation and forced labour and calling
for the safeguarding of their rights to good nutrition,
health care, education
and a suitable standard of living.
- Libya’s
laws provide for the protection of children against exploitation in any
circumstances. These laws include the Labour
Code No. 58 of 1970, article 92 of
which stipulates that young persons under the age of 15 cannot be admitted to
employment or allowed
to work. Article 93 of the same Code states that children
cannot be employed for more than six hours per day, which must be
interspersed
with a rest break. Article 94 provides that children cannot be
employed between the hours of 8 p.m. and 7 a.m. and that they can
neither work
on overtime or on public holidays. According to article 18 of the Civil Code
No. 55 of 1976, the age of full-time employment
is 18 years.
- With
regard to the protection of minors against exploitation in work not specified in
the aforementioned Code, article 474 of the
Penal Code stipulates that no child
can be employed as an itinerant sales person. The Child Protection Act No. 5,
also stipulates,
in its article 10, that children cannot be employed in work
other than for educational or vocational training purposes and only with
their
consent.
- The
Jamahiriya attaches considerable importance to the Convention concerning the
Worst Forms of Exploitation of Child Labour, which
was adopted by the
International Labour Organization in 1999 and which guarantees the child’s
fundamental rights, such as the
right to protection against economic
exploitation and work that is detrimental to and denies the child a life of
dignity, such as
forced labour. Children cannot be exploited in the production
of licentious materials and in immoral transactions, such as
prostitution.
- In
keeping with this concern, the Jamahiriya is currently conducting a review of
the latter Convention with a view to acceding to
it at the earliest
opportunity.
- Libyan
legislation has been enacted to protect and prevent the exploitation of children
and to supply them with all their educational,
health and nutritional
requirements and a life of dignity. All Libyan legislation is fully consistent
with the terms of article
32 of the Convention and many institutions work
together to give effect to its provisions, particularly those pertaining to
education,
health, social security and justice.
- It
is also worth noting that a survey has been carried out to analyse the situation
of child workers in the city of Tripoli. Work
is currently under way to apply
its findings of this survey in the Jamahiriya as a whole.
2. Drug abuse (art. 32)
- The
Jamahiriya has expended major efforts to suppress and combat the phenomenon of
narcotic drugs and to make the public more aware
of it.
- At
the international level, the Jamahiriya has signed three Conventions,
namely:
(a) The 1961 Single Convention on Narcotic Drugs, as
amended by its 1972 Protocol;
(b) The 1971 Convention on
Psychotropic Substances;
(c) The 1988 United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- At
the national level, General People’s Committee Decree No. 150 of 1996
provides for the elaboration of a national strategy
to suppress the unlawful use
of narcotic drugs and psychotropic substances and establish preventive and
treatment programmes in this
domain. In 1999, a national committee for the
suppression of the unlawful use of narcotic drugs and psychotropic substances
was
formed. A national fund has been established to support programmes devoted
to combating dependency on narcotic drugs and psychotropic
substances. In
addition, the Secretariat for Health and Social Security monitors the
implementation of awareness, educational and
counselling programmes in this
domain, and it also works with the Secretariat for Education to organize
symposia and lectures on
combating drug use. The Higher Committee for Childhood
cooperates with the United Nations Children’s Fund (UNICEF) on this
issue.
- It
is worth pointing out that national anti-drug legislation makes specific
provision for the direct and indirect protection of children
against the scourge
of narcotic drugs, including through the withdrawal of guardianship, if the
legal guardian is supplying the narcotic
drugs.
3. Sexual exploitation and sexual abuse (art. 34)
- Libyan
law takes a tough stance on the sexual exploitation and sexual abuse of
children, establishing severe penalties therefor, as
described here
below.
- Any
person who rapes a minor under 14 years of age, even with the young
person’s consent, is liable to a maximum penalty of
10 years’
imprisonment. If the victim is over 14 but under 18 years of age, the penalty
is up to five years in prison. If
the perpetrator is an ascendant of the
victim, a person who is responsible for his education or supervision, or someone
who has authority
over him, the penalty is a term of between 5 and 10
years’ imprisonment.
- Any
person who has sexual intercourse with a minor under 14 years of age, even with
the minor’s consent, shall be liable to
a penalty of five years’
imprisonment. If the minor is over 14 but under 18 years of age, the penalty
shall be not less than
one year in prison. If the perpetrator is an ascendant
of the victim or a person responsible for his or her education, the penalty
shall be a term of up to seven years’ imprisonment.
- Any
person who incites a minor under 18 years of age to corruption or depravity,
assists or facilitates him therein, in any way influences
him to commit a lewd
act or commits such an act in his or her presence shall face a term of
imprisonment. The penalty is doubled
if the perpetrator is an ascendant of the
victim or a person responsible for his or her education or
supervision.
- Any
person who abducts another or who, by force, threats or deception, detains him
or her for the purpose of committing a lewd act
shall be liable to a penalty of
up to five years in prison. The penalty is increased up to one third, if the
victim was under the
age of 18.
- Any
person who incites a minor to engage in debauchery in order to satisfy the
carnal desires of another person or who facilitates
him therein is liable to a
penalty of up to 10 years’ imprisonment and a fine of up to 200 dinars.
If the victim was under
18 years of age, the penalty is doubled.
- The
national strategy for guaranteeing the protection of children under the age of
18 provides for the following:
(a) Full legal
protection;
(b) Measures that guarantee the prosecution and punishment
of criminals;
(c) Juvenile homes and the Higher Committee for Childhood
are regarded as performing a monitoring and oversight function.
- The
sexual exploitation and sexual abuse of children and acts of a similar nature
are prohibited by law. The legal penalties established
in this regard are
designed to serve as a deterrent.
- With
regard to legal jurisdiction, any Libyan outside the Jamahiriya who commits an
act involving the sexual exploitation, abuse or
debauchery of a child or any
other such act designated as criminal offence under Libyan law is liable to
punishment under the Libyan
Penal Code, if the act in question was punishable
under the law of the country in which it was committed.
- With
regard to the principle of foreign judicial jurisdiction, this matter is
regulated in accordance with the bilateral and multilateral
agreements to which
the Great Jamahiriya is party.
4. The sale of, traffic in, or abduction of children (art.
35)
- The
legislation and laws in force in Libya, including the Penal Code, prohibit the
sale of, traffic in, or abduction of children.
Consequently, these phenomena do
not exist in the Jamahiriya.
5. Other forms of exploitation (art. 36)
- Other
forms of exploitation [of children], such as begging and theft, do exist. In
such cases, children are used to steal and beg
on behalf of others. Their
innocence is exploited and they are left to perish, beg, or wander the public
highways and streets.
The Great Green Document on Human Rights specifically
rejects all forms of exploitation, as do the Labour Code and the Child
Protection
Act. This is consistent with the provisions of the Convention on the
Rights of the Child and of the Convention on the Elimination
of the Worst Forms
of Child Labour, which the Jamahiriya is currently reviewing with a view to
acceding thereto.
- Any
person who incites a child to beg or steal or who gives a child over to another
to be used for unsavoury ends is liable to punishment.
- The
State combats these phenomena by monitoring and suppressing them, protecting
children against them and placing them in juvenile
homes, social welfare homes,
vocational training centres or charitable institutions.
D. Children belonging to a minority (art. 30)
- Libyan
society is an Islamic Arab society, which has no minorities. All citizens are
Arabs who profess Islam and speak the Arabic
language. They share the same
cultural traditions and are afforded equality of treatment in respect of access
to education, health,
food, work, and so on. They have all the rights and
obligations which are recognized for all citizens.
References
- General
People’s Committee for Health and Social Security, Thirty years of
health and social services (1969-1999).
- General
People’s Committee for Health and Social Security. Information and
Documentation Centre, 1998 Statistical Bulletin.
- Department
for Disabled Persons’ Affairs, The Social Security Fund, Persons with
disabilities in the Jamahiriya.
- General
People’s Committee for Justice and Public Security, 1991 Annual Report
on Crime in the Great Jamahiriya.
- National
Centre for Education Planning and Training, Thirty Years of Revolution for
Human Development; The Process of Education and Training in the Jamahiriya
(19691999).
- Murad
al-Ru’ubi, Comparative study on the Convention on the Rights of the
Child and Libyan law (unpublished).
7. General
People’s Committee, The Child Protection Act No. 5 of 1997.
-----
[*] An administrative unit covering a
geographical region. Each sha’biyya has its own executive
people’s committees which are responsible for implementing decisions
adopted by the basic people’s
congresses, including decisions relating to
children and their interests and rights.
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