TRIPOLI — Concluding its five-day session within the Structured Dialogue, the National Reconciliation and Human Rights Track placed independence of the judiciary, human rights including public freedoms, civic space, and arbitrary detention—each of which bears directly on the credibility of any future electoral process—at the centre of its deliberations. Against the backdrop of recent rulings by the Constitutional Chamber of the Supreme Court in Tripoli and rulings earlier this month by the Benghazi-based Supreme Constitutional Court, participants expressed grave concerns regarding the implications for the unity and independence of the judicial system. They further warned that these developments jeopardize the rule of law and undermine legal certainty, public trust, and the political process. Participants agreed that a unified and independent judiciary is essential for the holding of credible elections as well as overall functioning of the State based on the rule of law.
Insisting that the judiciary must remain insulated from political interference and polarization, participants called on all parties to prioritize dialogue over escalation. Participants emphasized that safeguarding the independence and unity of the judiciary is not only a shared national responsibility but a prerequisite for preserving one state, and ensuring justice, stability, and a genuine environment for national reconciliation rooted in human rights.
Over the past five days, participants examined several issues, including the fragmentation of state institutions and the unchecked influence of armed actors as key drivers of human rights violations. Key challenges highlighted included arbitrary arrests and detention; the protection of civil society and journalists; and Libyans’ right to freedom of expression, peaceful assembly, and association.
Participants identified a critical lack of law enforcement operating under civilian oversight as a major hurdle, noting that legislative gaps and the non-implementation of judicial decisions by security forces have created a climate of impunity. During this week, participants identified preliminary recommendations aimed at ensuring an enabling environment for the holding of transparent elections. They agreed on a set of preliminary recommendations described as "foundational" to Libya's stability, including:
- Protection of civic space: They recommended ensuring the protection of freedom of expression, press freedom, and freedom of association and assembly. Journalists, civil society actors, and human rights defenders must be able to operate freely in an open and safe civic space, including throughout the election cycle, without intimidation, harassment, or reprisals.
- Legislative reform: They recommended a review of some critical pieces of national legislation, including repealing discriminatory provisions, restrictions on civil society, and legislation that enables indefinite pretrial or administrative detention, ensuring all laws align with constitutional guarantees and Libya’s international obligations.
- End arbitrary detention: They recommended the immediate closure of all unofficial detention sites—particularly those operated by armed groups—the transfer of all detainees to official facilities under the exclusive authority of the Ministry of Justice, and the release of all those arbitrarily detained, including politically active individuals.
- Accountability and transparency: They recommended effective accountability mechanisms to end impunity, restoring public trust and ensuring state institutions operate transparently, in line with national law and Libya’s international human rights obligations.
While consensus was strong on what needs to be done, participants expressed deep skepticism regarding how their recommendations will be achieved under current conditions. The Track emphasized that effective implementation ultimately requires a unified government and a credible monitoring mechanism.
The National Reconciliation and Human Rights Track identified key topics focusing on human rights violations, national reconciliation and transitional justice, and the unity and independence of the judiciary. The Bureau committed to leading outreach efforts to coordinate with the Governance, Security, and Economy tracks to address cross-cutting issues and ensure the mainstreaming of human rights throughout the process.
This track, like all other Structured Dialogue tracks, brings together diverse Libyan stakeholders, including legal experts, civil society actors, women’s rights defenders, youth, elders, and representatives of political parties to address critical human rights challenges. They will reconvene between 8–12 February.
The work of the Structured Dialogue aligns with UNSMIL’s mandate to use its good offices to facilitate an inclusive, Libyan-owned and -led political process, without determining outcomes, and to advance consensus on establishing a conducive environment to enable the holding of national elections, the unification and strengthening of state institutions, and long-term stability.
