COMMITTEE ON THE RIGHTS OF THE CHILD REVIEWS REPORT OF LIBYAN ARAB JAMAHIRIYA

CRC
33rd session
27 May 2003




The Committee on the Rights of the Child today considered the second periodic report of the Libyan Arab Jamahiriya on how that country was implementing the provisions of the Convention on the Rights of the Child.
Naima Saghaier Abdulhamid, Chair of the Higher Committee for the Child of the Libyan Arab Jamahiriya and head of the delegation, said today’s meeting had only one purpose, and that was the defense of the child. All those concerned in the meeting, both delegates and Experts, had only the one purpose in mind, and that was the service and protection of the child in the best possible manner. The information provided in the report was neither perfect nor exhaustive, but it was hoped that the Committee meeting would help in this regard so that the Government of the Libyan Arab Jamahiriya could continue to improve the services given and protection provided to its children.
Committee Experts questioned the delegation, asking, among other things, how monitoring and evaluation of the programmes which were carried out was done, what was the linkage between the local branches of the Committee on Children and the parent body itself and how priorities were communicated to the branches, what were attitudes towards corporal punishment, the nature of custody rules, what information was given to the young on HIV/AIDS, what happened to those children who received neither secondary schooling nor vocational training, and whether child employment was a problem.
In preliminary concluding remarks, Ibrahim Abdul Aziz Al-Sheddi, the Committee Expert who served as Rapporteur to the report of the Libyan Arab Jamahiriya, thanked the delegation for the information provided. All the answers given by the delegation had been useful, he said. The purpose of the questions posed by the Experts was to strengthen the protection of children.
The Libyan delegation also included Nazek Mohamed Shawish, Political Advisor for External Affairs; Ali Massoud Al Magadami, Medical Advisor; Mohamed Salaheddin Al Shelli, Political Advisor for External Affairs; Ali Mustafa Sherif, Director for Research and Statistics, National Information Organization; Abdulghani Massaud Al Rwedh, Professor of Law of the University of Tripoli and Member of the Committee of Judicial Experts of the Arab League; and Ahmed Dafer Mohsen, Professor in the Faculty of Arts of the University of Tripoli.
The Committee will issue its final recommendations on the report towards the end of its session, which concludes on 6 June.
The Committee will meet in private on Wednesday, 28 May, to discuss its final conclusions on country reports already considered this session. It will meet in public at 10 a.m. on Friday, 30 May, to consider the second periodic report of Jamaica (CRC/C/70/Add.15).

Report of Libyan Arab Jamahiriya
The second periodic report (CRC/C/93/Add.1) reviews general measures of implementation of the Convention, the definition of the child, general principles of the Convention, civil rights and freedoms, family environment and alternative care, basic health and welfare, education, leisure and cultural activities, and special protection measures taken in the Libyan Arab Jamahiriya. The report was prepared 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 endeavoring to implement with a view to guaranteeing the rights of the child, as laid down in Libyan legislation and in the Convention on the Rights of the Child.
The report remarks that the quantity and quality of the information and data on the Libyan child has vastly improved and progressed. Further, coordination among the various child-related bodies is much improved now that the Higher Committee for Children has been restructured and vested with the authority to monitor and investigate any contravention affecting the interests and rights of the child. Children’s programmes are the direct concern of the local people’s administration, without the need for reference to any central institution, which improves quality on point of delivery. In conjunction with judicial, scientific and educational bodies, the Higher Committee for Children has assembled all the legislation relating to children in the Jamahiriya with a view to introducing the amendments needed to ensure the best interests of the child.

Presentation of Report
NAIMA SAGHAIER ABDULHAMID, Chair of the Higher Committee for the Child of the Libyan Arab Jamahiriya and head of the delegation, introduced the report, saying that it had been drafted by experts and members of the competent authorities, both from civil society, non-governmental organizations (NGOs), and Government Ministries. The meeting today had only one purpose, and that was the defense of the child. It was hoped that the children of Libya received the best services. All those concerned in this matter had only the one purpose in mind, and that was the service of the child in the best possible manner. It was hoped that helpful observations would be made with this in mind. The information in the report included updated data, and contained the plan for the future, which was in accordance with the issues posed by the Committee.
The information provided was neither perfect nor exhaustive, but it was hoped that the Committee meeting would help in this regard to improve the programmes involved. The political system of the Jamahiriya was different from other systems, therefore there could be some differences with regard to implementation, and it was hoped that this could be overlooked by the Committee. Direct democracy was the process used by the Jamahiriya, in a form of popular meetings by each neighbourhood or community, in which all matters could be discussed. The conclusions of these meetings were transmitted up the political ladder until they reached the legislative conference. This mechanism made use of all possible available elements for the good of the child.

Questions on General Measures of Implementation; Definition of the Child
IBRAHIM ABDUL AZIZ AL-SHEDDI, the Committee Expert who acted as Rapporteur on the Report of the Libyan Arab Jamahiriya, said the aim of the Committee was to exchange information with regard to the situation of children in Libya, and to provide suggestions towards developing the system that was already set up in Libya. The recommendations made would help Libya to set up the necessary mechanisms for raising the level of protection of the child. There was hope that on the return of the delegation to Libya, there would be consideration of the possibility of ratifying the two Optional Protocols to the Convention. There was concern that the previous recommendations of the Committee had not been implemented fully, and it was hoped that this would be remedied. The coordination of children’s affairs in Libya was not clear in the report and some matters would require clarification, notably with regard to the Council for Childhood. He also asked questions on the legislative position of the child in the Jamahiriya and whether the Convention superseded Libyan law. Was there a national strategy for Libyan children, asked the Rapporteur.
The Committee Experts also asked questions on such topics as how monitoring and evaluation of the established programmes was carried out, what was the linkage between the local branches of the Committee on Children and the parent body itself and how priorities were communicated to the branches, whether there was a timeframe for implementation, whether there was a complaints mechanism for children, how members of the Committee on Children were selected, demographic data and budgetary allocations, customary law and how it contradicted the Convention, the legal age for marriage and for criminal responsibility, the non-ratification of the Hague Conventions, discrimination against children on grounds of nationality or origin or religion, what was being done to increase awareness of rights of the child, and child detention.

Response to the Questions on General Measures of Implementation; Definition of the Child
Responding to the questions, the delegation said that with regard to Libyan legislation, it had been in existence for a considerable length of time, and it was subdivided into several branches, for example civil law, business law, and criminal law. Legislators needed to take into account all that would affect the rights of the child, and had done so since the independence of the country. Changes had been made in several areas with respect to spheres which impacted on the lives of children, and these were shaped by contributions from all Libyans. There was no discrepancy between the Convention and domestic legislation, said the delegation, and where there was, legislators would revise domestic law.
The Higher Committee for Children and Libyan jurists were aware that there needed to be independent legislation to govern matters related to the rights of the child. Many studies had been carried out, the most recent of which addressed the legislation applicable to children in the civil and criminal spheres applicable to health, education and other related matters.
The Committee Experts then queried the delegation’s pronunciation that 99 per cent of the provisions of the Convention were implemented in Libyan law, as well as other topics such as the age of legal responsibility, citizenship, nationality and gender discrimination. The Chairperson recommended that the Jamahiriya raise the age of legal responsibility.
The delegation answered that there was a misunderstanding. Several years had been spent collecting all legislation and holding symposia for the experts in the field and those who implemented the laws, as well as parents and other participants. The result of this revision was that work was now being done on a comprehensive and integrated law which would take into account the legal framework of the Arab world. After adoption of this holistic and complete law, it could then be implemented, and hopefully would not need modification for a further ten years.
The age of starting obligatory schooling was at the age of six, when the child should start the primary class, although pre-schooling education also existed. With regard to the dissemination of the concept of the rights of the child in schools, this was a project that was still being planned, since this was a complicated matter. In the mean time, different means of information were used to inform people as to this concept. Libya was a homogenous society, both ethnically and racially, and there was no discrimination other than on a very minor level. As for the participation of youth in people’s congresses, there were committees for youth in which adolescents were encouraged to discuss their own affairs, and were thus trained to integrate themselves into the greater society.
Health in general in Libya included services provided from early pregnancy up to safe birth, for the majority in hospitals and with a minor percentage delivered in homes.
In Libya the family received utmost importance, and still had a vital role with regards to welfare and power within society. The family was not limited to the nuclear family, but had an extended form which provided an umbrella for the child. Children were called “angels of the Lord”, and all adults tried to provide the utmost for their happiness. Society took this for granted to the extent that any lacunae would be remedied by society as a whole.
The Higher Committee for Children was made up of experts, delegates from people’s committees and representatives of NGOs, and had branches in each of the thirty-three provinces. Local delegates followed local issues, and their approach could differ from that of the capital. There was however interactivity between the local and the national branches, and there was coordination between all. There were focal points for the presentation of reports, and if a problem was identified and no solution was found, then the matter was referred upwards.

Questions on General Principles; Civil Rights and Freedoms; Family Environment and Alternative Care
The Rapporteur, Mr. Al-Sheddi, asked for clarification of whether there was any mechanism that took into account the best interests of the rights of the child. What measures did the Higher Committee adopt to ensure that the rights of the child were protected and encouraged, he asked. It was also unclear what portion of the budget went to children. With regards to discrimination, there was a need to strengthen participation of women, but was there a risk that the needs of boys would be neglected since girls were provided for by specific programmes. He also inquired as to whether there was discrimination between Libyans and Arabs, and against emigrants.
The Committee Experts asked questions on varied topics, including the lack of statistics on the child in the family and on education, corporal punishment, measures taken to protect the child within the family, for example from abuse, the need for more data on the Sahel region where the Touaregs and Berbers lived, gender inequalities in the administration, divorce options for women, discrimination against men in the case of divorce in disregard of the child’s best interests, custody rules in general, attitudes towards children born out of wedlock, what steps were taken to identify the paternity of such children, and what structure regulated standards with regard to radio and television to protect children from information that might be detrimental to their welfare.

Response to Questions on General Principles; Civil Rights and Freedoms; Family Environment and Alternative Care
In response to the questions, the delegation said that with regards to the administration of the Higher Committee, it had a general coordinator and several assistant coordinators. The general coordinator and others had significant qualifications in relevant fields. There were currently many surveys being undertaken to collect more data with regard to children in Libya, notably one under the aegis of UNICEF. This survey and others would provide the missing information and statistics. The budget of the Higher Committee was limited, and its members were mainly volunteers or employees on loan from other parts of the Government.
The Higher Committee was part of the mechanism for the implementation of the Convention, and it controlled and managed that implementation in collaboration with all other parties including the Government and NGOs. Work was carried out to ensure the implementation of any programme of relevance to children.
There were effective mechanisms for complaints by children should they suffer from corporal punishment in a scholastic context. However, this was not an issue that appeared to be prevalent enough to warrant specialized attention. Abuse in general in Libya, whether it was sexual or of another nature, was very rare. Studies to be held in the future would however investigate the matter to determine whether it was rare because it was under-reported or simply rare.
With regard to minorities, the democratic structure of the Jamahiriya ensured that there was no discrimination, since all people were involved in this process. Services were available to all without discrimination; in fact discrimination did not exist in Libya. Nor was there discrimination between men and women, since all were equal and could rise up the democratic process. Each individual had the same rights. Several members of the delegation pointed out that they were members of the Berber ethnic minority, and said they had never experienced any discrimination.
Health in Libya was free of charge, as was education, said the delegation, stipulating that the latter took place in Arabic. There were certain private schools for teaching in other languages, and these were fee-paying.
With regard to divorce and the issue of custody, divorce according to Islam in Libya was only resorted to under the worst circumstances, and was therefore not particularly frequent. It could only take place before a judge, so that the latter could attempt to reconcile the partners. Divorce, once final, would be pronounced both under Islamic Sharia law and Libyan law. As for custody, Libyan legislation in accordance with Sharia law said that the priority was given to the mother, the mother’s mother, and then finally to the husband, but the judge had the right to rule otherwise in certain cases. There was also strict and clear legislation with regard to alimony and parental visits. In response to specific questions on whether non-Muslim women were given custody, the delegation replied that the woman was given the house, the children and alimony on condition that she remained in the country.
There were strategies and frameworks formulated by the international organizations, and these were used by the Libyan organizations to implement their own strategies. Today, information was being gathered in order to formulate a National Plan.
Human rights, including children’s rights, were taught in an obligatory course given during the second year of university studies. Human rights were taught by professors, and students were encouraged to continue to further their knowledge in this area.

Questions on Basic Health and Leisure; Education, Leisure and Cultural Activities; Special Protection Measures
Mr. Al-Sheddi, Rapporteur on the report of the Libyan Arab Jamahiriya, said that he had read in the report that there were some cases of HIV/AIDS in the country. He noted that most of these cases involved children and these were treated mainly in Europe after which the children returned to Libya. He asked whether this was because there was a refusal by society to acknowledge the disease, or whether there were no facilities in Libyan hospitals. With regard to refugees, how did the Libyan system deal with the stay of the children of these refugees, and what system covered their temporary residence. How were the rights of these child refugees assured, he asked.
The Committee experts then asked questions on such topics as education, how children were being prepared for the twenty-first century as planned by the Government, whether vocational training was included in secondary schooling, whether there had been a drop in the child mortality rate, whether the young were informed about how to prevent the transmission of HIV/AIDS, the problem of illegal drugs and what was being done to counteract the problem and those of tobacco and alcoholism, child suicide, whether children played a role in decision-making, child employment, regional cooperation to combat drugs, situations where mothers were incarcerated and what happened to their children where the family could not take care of them, what was done for children with disabilities, and the budget allocated to the health sector.

Response to Questions on Basic Health and Leisure; Education, Leisure and Cultural Activities; Special Protection Measures
Responding to the questions, the delegation said that with regard to refugees, the Jamahiriya had signed the African Convention on the Protection of Refugees, and there were programmes for assisting refugees and seeing to their needs. However, this was a temporary problem that would cease once conflicts in neighbouring countries ceased. There had been joint programmes to assist refugees with United Nations organizations such as UNHCR. However, the number of refugees was not large enough to create a problem.
Education was a process of continuous appraisal and assessment, and was measured both quantitavely and qualitatively. A system of specialized secondary schools had been launched to provide children with early specialization, and this had been done in concert with UNESCO. These schools aimed to display the true potential of the more intellectually advantaged student.
In Libya, there was understanding of the drug problem; this was a problem that did not warrant punishment, but treatment, since the drug addict was someone who required psychological care and not punishment. Measures taken were from this point of view, and efforts were being made to also keep drugs out of the country. Awareness campaigns were used to the utmost to make children and adults aware of the problem, and there were many rehabilitation clinics. Teachers were also taught to address the issue at school. Drug traffickers, however, were punished.
Work was also done to integrate disabled children into mainstream society. Children with Down’s syndrome were at the forefront of the drive to bring such children into mainstream schools.
Child labour had been studied, but it was not a wide-spread problem since the work seemed to be mainly seasonal, that was during the summer school holidays. Work was being done to put an end to this phenomenon, but this would require considerable efforts and measures that would take a long time to put into effect. Children were not employed in dangerous jobs. Legislation needed to be installed to provide the social guarantees that would eliminate this problem.
Children with HIV/AIDS were sent abroad so that they and their families were given time to receive the treatment in peace. Treatment was also available domestically in Tripoli and Benghazi, and studies were underway to investigate how far the illness had spread.
Primary health care was something enjoyed by all Libyans, and this system could be exported. All citizens had the right to choose the place of their treatment.
There were no statistics for tobacco use, and there was no alcohol problem in Libya. Libyans in general did not suffer from malnutrition. Children were breastfed up until the age of 6 months. Infant mortality had dropped recently, and soon the relevant statistics would be available.

Preliminary Concluding Remarks
The Committee's Rapporteur on the Libyan report, Mr. Al-Sheddi, thanked the members of the delegation for all the information that they had provided. This information had given a very complete and clear impression of the situation. There were certain fields which had required more discussion, but generally speaking all the answers had been useful. The purpose of the questions was to strengthen the protection of children, and it was hoped that in the recommendations that would be later sent out that there would be some opinions that would be of help to the children of Libya. The Committee would eagerly await the data that had been promised by the delegation. There was also hope that Libya would shortly ratify the two optional protocols to the Convention.
Ms. Abdulhamid, head of the Libyan delegation, thanked the Committee Experts for listening and for their helpful comments and suggestions and for giving so much time to the children of the world. In the name of every child in Libya, she thanked the Committee Experts for the hard work they put in. Libya tried to serve the human being everywhere and anywhere, and to serve their children and all those in need. The ambition and the hope of Libya was that it always go forward in order to achieve what was better, and this could be done through continuous review of developments and positions. Therefore the recommendations made to other countries would be examined with the aim of improving the state of children in Libya. It was hoped that through the work and follow-up of the Committee, this would be achieved.



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