Recommendations to the Libyan Dialogue Forum in Tunisia


Recommendations to the Libyan Dialogue Forum in Tunisia


In the name of Allah, the Merciful

Ladies and gentlemen, members of the Libyan Dialogue Forum in Tunis,

Ms. Stephanie Williams, Head of United Nations Support Mission in Libya,

We would like to congratulate you for succeeding to meet in Tunisia as part of the Libyan Political Dialogue Forum, sponsored by the United Nations. We would also like to thank the Acting Head of the United Nations Support Mission in Libya, Stephanie Williams, for the efforts she made to facilitate the dialogue process between the Libyans. This dialogue is extremely essential to overcome many obstacles standing in the way of reaching lasting peace, and the establishment of a democratic state that represents all Libyans, and takes care of their interests, security, and comfort.

It is well known that peace, stability and security in societies that have gone through conflicts, wars and brutal dictatorships for long periods of time (such as Libya) are not achieved simply by silencing the guns, preventing new crimes and violations, or making declarations alone. For that to happen, a justice process that include recognition of the suffering endured by all victims, without exception, must take place to restore confidence in state institutions and law enforcement authorities. Ms. Michelle Bachelet, the United Nations High Commissioner for Human Rights, stressed on more than one occasion that “lasting peace is interlinked with justice, development and respect for human rights.”

We are aware of the previous transitional justice attempts in Libya, including Laws 13 and 29 of 2013, which focused mostly on some of the violations that occurred during the rule of Colonel Gaddafi’s regime, but not all violations. For example, victims of Law no.4 and similar acts, which deprived many Libyans of their legitimate ownership rights, have not been dealt with appropriately until now. However, some believe the size, scale and severity of violations that have occurred since February 2011 have far exceeded those which took place during 42 years of the Colonel’s rule.

Transitional justice generally consist of both judicial and non-judicial processes, which are consistent with international legal standards and obligations. These include initiatives for reforming institutions and laws (including security, judicial and legal sectors) as well as prosecution, reparation, fact-finding, disarmament, and reintegration of militants into society. Amnesties can also be part of transitional justice, but care must be taken to make sure that only those who are prepared to make significant contributions in bringing justice to victims can be granted amnesties for their crimes.

Experience shows that for transitional justice to succeed, it must be accompanied by appropriate, practical, and realistic mechanisms. For this purpose, we would like to convey to you our observations and recommendations.

The first and most important of these recommendations is the need to establish an authority or body, independent of the state, that has the sole responsibility for judicial review, national reconciliation, and transitional justice. This institution should be given broad powers and independent financial resources. The responsibilities of this institution should include the following:

  1. Find optimal solutions and modalities to address the multiple complexities due to the accumulation of crimes of human rights violations over many decades, resulting in impunity, discrimination, systematic exclusion, inequality, an absence of justice and basic rights;
  2. Identify the current Libyan laws that are incompatible with international norms, and those which need urgent reform or complete abolition. Examples include Law No. 5 on Reform and Rehabilitation of Institutions, and Law No. 10 on Enforced Disappearance, to name a few;
  3. Establish an arbitration centre to resolve disputes and achieve social reconciliation
  4. Launch national programs to raise awareness about transitional justice as an imperative to achieve national reconciliation, stability, progress and peace in Libya;
  5. Motivate all segments of society to resolve quarrels, settle disputes, reach moderate solutions, and achieve reconciliation by peaceful means, while presenting appropriate incentives to achieve that;
  6. Communicate continuously with the victims and consult them to gain a deeper insight into their needs and concerns while giving them a ray of hope for a better future for them and their families;
  7. Establish local structures and institutions to deal effectively with different categories of victim’s needs, including the necessary social, psychological and health services;
  8. Support, encourage and develop the capacities of civil society organisations and local structures concerned with victims in order to play their full role in caring for them and communicating their demands to this institution and to other relevant authorities;
  9. Create practical mechanisms to provide adequate financial and moral compensation to all victims without discrimination, who suffered or are still suffering from physical, psychological or material violations as a result of the wars and conflicts that took place from 2011 until now.
  10. Provide training and capacity building for those who participate in reconciliation efforts to improve their chances of achieving long-term success and avoid temporary solutions which do not last.
  11. Remind Libyans of the necessity of peaceful coexistence (all of them are Libyans), regardless of their previous differences and grievances, for the sake of the current and future generations;
  12. Provide adequate resources to study and analyse local, regional, and international experiences in the fields of national reconciliation and transitional justice to learn lessons from their experiences;
  13. Propose legislation to criminalise discrimination in all its forms and to reform or abolish all current legislation that encourages discrimination;
  14. Encourage and support the rights of minorities and marginalized groups in protecting their cultural and historical heritage.


Wishing you the best for success.

The Libyan Transitional Justice Support Network “LTJSN”

November 12, 2020





Members of the “Libyan Transitional Justice Support Network” are:


  • Libyan Centre for Democracy and Human Rights (LCDHR)
  • Al Salaam Bani Walid Association for Charity
  • Birds of peace for Human Rights
  • Ghadames for Charity & Development
  • Libyya Abni Garib Association
  • Nataj Organisation for Women Development
  • Rights Organisation for Transparency and Rehabilitation
  • Subul-Assalaam for Humanitarian Action
  • Tabuuno for Human Rights
  • Tizjar Organization for Human Rights and Democracy Support
  • Youth for Tawergha
  • Zaykom Zayna for Disabled People

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