UPR Libya: Structural Challenges undermining Human Rights
By Léa Farge and Astrid Bochnakian / GICJ
Introduction
A constructive engagement aimed towards promoting human rights in Libya, beneficial to all.
The United Nations Human Rights Council held on 11 November 2025 in Geneva, the 14th meeting of its 50th session of the Universal Periodic Review (UPR), the focus being on Libya.
Universal Periodic Review Process
The Universal Periodic Review (UPR) is a process of the United Nations Human Rights Council wherein the human rights records of all UN Member States are assessed. It provides each UN Member State the opportunity to present progress and challenges it has faced to date, and to outline future commitments in implementing human rights obligations.
The review is based on three main documents: 1) a national report provided by the State under review; 2) reports of independent human rights experts and groups, known as the Special Procedures, human rights treaty bodies, and other UN entities; 3) information from other stakeholders, including national human rights institutions and non-governmental organisations.
Member States offer recommendations to the country under review and share best practices that can be implemented in order to improve the situation of human rights. The UPR provides a unique opportunity to create a space of dialogue between States wherein the State under review is expected to answer questions posed by other States.
The country under review can choose to accept or reject the recommendations issued by other Member States. Ultimately, the reviewed country is responsible for implementing the recommendations it has accepted at a national level.
Summaries of Libya’s 4th UPR
Statement of the Libyan delegation
Libya’s delegation presented its Fourth Report during this session, joined by representatives from various ministries, agencies, and public institutions. They emphasised that the Report was prepared through a participatory process involving all bodies concerned with human rights.
Moreover, the substantial presence of Libyan representatives during the session, including delegates from the Ministries of Foreign Affairs, Ministries of Interior, Defence, Social Affairs, Health, Labour, and Planning, as well as from the Higher Committee for Children, the Social Solidarity Fund, the Media Monitoring Authority, and the National Council for Economic Development, reflected Libya’s strong commitment towards engaging with the United Nations human rights mechanisms.
Libya’s delegation stressed that with this cycle they were renewing their commitment to engage with all international human rights mechanisms. The delegation of Libya reaffirmed its strong commitment to the advancement of human rights, as demonstrated through its cooperation with the OHCHR. The delegation affirmed that the protection of human rights and combating impunity are not just slogans, but concrete measures that are enforced in the country.
Libya’s delegation emphasised, for instance, that it had taken significant measures to combat gender-based violence, including the establishment of two specialised courts and the training of police units.
The representatives of Libya acknowledged that the country is facing challenges such as political division, insecurity, and the proliferation of weapons. They recognised these difficulties, which have hindered their efforts in ensuring the protection and respect for human rights.
Summary of Member States’ Statement
During the Libyan universal periodic review, over 100 oral statements were delivered by Member States. This reflected remarkable participation.
Member States commend Libya's progress towards human rights
A large number of delegations commended Libya for its efforts to restore and strengthen its human rights framework. Several national delegations gave appreciation to Libya for its cooperation with the mechanisms of the United Nations, including the fact-finding mission and the special procedures mechanisms.
Many delegations welcomed the positive steps mentioned in the national report such as the expansion of healthcare programmes and the focus on the rights of women and persons with disabilities.
Other delegations welcomed Libya's recognition of the International Criminal Court’s jurisdiction in May 2025. One delegation strongly embraced the establishment of the National Committee to Combat Trafficking in Persons and the Reactivation of the National Council for Civil Liberties and Human Rights.
Several representatives wished success to Libya during its fourth UPR cycle, and one delegation reaffirmed its support to the people of Libya in their pursuit for peace, stability and prosperity.
Member States' recommendations to improve the situation of human rights in Libya
A large number of representatives deplored that despite many recommendations issued by the fact-finding mission on Libya, the human rights situation has continued to deteriorate.
Many representatives recommended that Libya increase its efforts to combat human trafficking. Several Member States proposed that Libya effectively implement the prohibition of child marriage and ensure that the age of marriage is set at 18.
A number of representatives strongly recommended that Libya protect women and girls against sexual violence and remove legal obstacles that prevent victims from launching complaints. Numerous delegates suggested that the criminal code encompass all forms of violence against women. One delegation advanced the point that Libya should repeal Article 424 of their penal code which enables rapists to avoid criminal proceedings in cases where they marry their victim. Another delegation recommended that Libya amend its penal code to criminalise all forms of gender based violence, including domestic violence and marital rape, and to ensure sexual crimes are defined based on the absence of consent.
Several national delegations advised that Libya take effective measures to prevent arbitrary detention and enforced disappearances, particularly in cases involving children and women. One delegation suggested that Libya guarantee access and accountability by granting UN bodies and NGOs unhindered entry to all regions of the country, including detention facilities and mass grave sites, and by fully cooperating with investigations into enforced disappearances, acts of torture, and extrajudicial executions.
Delegates from multiple Member States recommended that Libya increase its efforts to tackle racial discrimination against refugees and asylum seekers.
One delegation proposed that Libya lift restrictions imposed on civil society organisations and to guarantee their independence by repealing the 290 Decree. Another representative recommended that Libya establish institutional safeguards to ensure freedom of expression and to promote public awareness.
Many delegations suggested that Libyan authorities consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) on the abolition of the death penalty. Several representatives also recommended that Libya ratify the Rome Statute to become a member of the International Criminal Court. This would represent a strong commitment towards international and human rights justice.
A number of delegations proposed that Libya establish a national human rights institution in accordance with the Paris Principles. One delegation recommended that Libya intensify its efforts to address abuses committed by security forces by ensuring that perpetrators are brought to justice and by safeguarding the security of judges, prosecutors, and lawyers.
In a constructive spirit, one delegation encouraged Libya to continue supporting families through, among other things, its provision of broad social protection coverage. This maintains their effective involvement in national development and security and ensures a particular focus on sustainable water use, renewable energy sources, afforestation and recycling to realise the right to a clean, healthy and sustainable environment.
A few delegations recommended Libya to establish a rights-based approach legal framework for a transitional justice and reconciliation process.
Conclusion
Geneva International Centre for Justice (GICJ) commends Libya for its cooperation with the UPR, and more broadly with UN mechanisms. We stress that Libya must strengthen its legislative and regulatory framework to combat gender based and sexual violence, as well as discrimination against women. Libya must guarantee civil society’s rights to freedom of expression and assembly, while also lifting restrictions on journalists and political opponents. We reiterate that no one should ever be arbitrarily arrested or deprived of their freedom. We therefore call on Libya to put an end to such practices.
In addition, Libya has to respect, promote and protect the rights of asylum seekers, including the right to non-refoulement. We urge Libya to ratify the Convention Relating to the Status of Refugees and its Protocol, ensuring refugees a safe stay in the country.
We call on Libya to ratify the Convention for the Protection of All Persons from Enforced Disappearance and the optional protocol of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We urge Libya to fully align with international standards, to continue to strengthen the rule of law, the independence of the justice system and to implement steps to accelerate the transitional period. Justice must replace impunity.
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