COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination
Libyan Arab Jamahiriya
1. The Committee considered the eleventh, twelfth, thirteenth and fourteenth
periodic reports of the Libyan Arab Jamahiriya, submitted in a single
document (CERD/C/299/Add.13), at its 1264th and 1265th meetings, held
on 13 and 16 March 1998, and at its 1272nd meeting, held on 19 March 1998,
and adopted the following concluding observations.
2. The Committee expresses its appreciation for the opportunity to
resume its dialogue with the State party after a long time. In fact,
the Committee notes that it considered the last periodic report of the
Libyan Arab Jamahiriya on 22 August 1989. The report under consideration
is in accordance with the Committee's guidelines and contains information
on how the State party implements the Convention. The report also contains
answers to some of the questions raised by the Committee members in
1989. However, the report provides information on legislative, judicial
and administrative developments only up to 5 January 1994.
3. The Committee recalls in this connection that States parties are
under the obligation to take legislative, judicial and administrative
measures to combat racial discrimination as a preventive measure so
as to avoid any possible manifestation or recurrence of the phenomenon.
C. Positive aspects
4. It is noted with appreciation that the State party has incorporated
the Convention as an integral part of its domestic legislation, and
that in case of legal conflict, the Convention takes precedence over
5. The Libyan Constitutional Declaration and the other relevant documents
contain provisions guaranteeing equality of all citizens before the
6. Satisfaction is expressed at the way in which the State party has
consistently conducted its fight against apartheid.
7. The State party has made serious efforts to give effect to a number
of the provisions of article 5, particularly those concerning certain
economic and social rights.
D. Principal subjects of concern
8. Both the statements of the representative of the Libyan Arab Jamahiriya
and the report, especially its second part, maintain categorically that
there is no racial discrimination and no complaints concerning racial
discrimination in the State party. There is no specific legislation
to prohibit racial discrimination.
9. The State party has not provided any information on the demographic
composition of the Libyan population, although the Committee requested
it when it considered the State party's tenth periodic report in 1989.
10. The State party has not been fully implementing the provisions
of article 4 of the Convention and it has not provided sufficient information
on the practical implementation of the provisions of article 4.
11. It is also regretted that insufficient information has been provided
on the implementation of article 6 of the Convention, particularly on
available remedies, as well as the practice of the tribunals.
12. The declaration by the State party that there are no ethnic minorities
on its territory does not take into account the existence, in particular,
of Berbers, Tuaregs, Black Africans, etc. who are reported to experience
acts of discrimination because of their ethnic origin.
13. Concern is expressed about allegations of acts of discrimination
against migrant workers on the basis of their national or ethnic origin.
E. Suggestions and recommendations
14. The Committee recommends that the State party provide in its next
report detailed information on the demographic composition of its population,
including of non-Libyans living in the State party, as well as information
on the status and working conditions of foreign workers and on measures
taken by the State party to prevent any acts of discrimination against
15. The Committee recommends that specific legislation be enacted by
the State party to implement the provisions of article 4 of the Convention.
The State party is also encouraged to adopt appropriate policies to
promote the rights of ethnic minorities and to ensure their equality
in accordance with the provisions of the Convention.
16. A particular effort should be made by the State party to train
law enforcement officials in the light of the provisions of the Convention.
17. The Committee recommends that the State party continue to take
appropriate measures to increase awareness of the population about the
provisions of the Convention, particularly those contained in its article
7, and to widely disseminate the concluding observations adopted by
the Committee on the report.
18. The Committee recommends that the State party ratify the amendments
to article 8, paragraph 6, of the Convention, adopted on 15 January
1992 at the Fourteenth Meeting of States Parties to the Convention.
19. It is noted that the State party has not made the declaration provided
for in article 14 of the Convention, and some members of the Committee
request that the possibility of such a declaration be considered.
20. The Committee recommends that the State party's next periodic report
be an updating one. It should address all the points raised in the present
observations and reply to unanswered questions raised by members of