Previous UPR of Libya under the First and Second Cycle
6. Libya was previously reviewed during the 9th and 22nd sessions of the UPR, in 2010 and
2015 respectively. During the first cycle, Libya received one recommendation from
Mexico to “adopt a national plan to eliminate stereotypes regarding the role of women
in society, and speed up the reform process to guarantee equality between men and
women, including with regard to the transfer of nationality, the custody of children,
divorce and inheritance”, which it noted.2 During the second cycle, Libya received four
recommendations from Argentina, Kenya, Poland and Portugal, to ensure that Libyan
mothers are able to pass their nationality to their children, regardless of the nationality
of the child’s father, all of which it accepted. Libya also received and accepted three
recommendations on improving birth registration.3
Libya’s International obligations
7. Libya acceded to the 1954 Convention Relating to the Status of Stateless Persons and the
1961 Convention on the Reduction of Statelessness in 1989. Libya has further
international obligations to protect the right to a nationality and protect the rights of
stateless persons on the basis of other UN and regional treaties to which it is a party.
These include, among others the International Covenant on Civil and Political Rights
(ICCPR - article 24.3), the International Covenant on Economic, Social and Cultural Rights
(ICESCR - articles. 2.2 and article 3), the Convention of the Rights of the Child (CRC articles 7 and 8) the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW - article 9), the International Convention on the Elimination of All
Forms of Racial Discrimination [CERD - article 5(d)(iii)], the Convention on the Rights of
Persons with Disabilities (CRPD - article 18), and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families (CMW article 29). Libya also ratified the African Charter on the Rights and Welfare of the Child
in 1999, which provides for the right to a name and nationality for every child in its
Article 6. Furthermore, the right to a nationality is protected under Article 15 of the
Universal Declaration on Human Rights and Articles 5 and 19 of the Cairo Declaration on
Human Rights in Islam.
8. During the reporting period, Libya has been reviewed only by one UN Treaty Body. In
addition and on the basis of the articles mentioned under the CMW, the Committee on
the Rights of Migrant Workers recommended that Libya ensure that children are
separated from adults to whom they are not related and, if born in detention, are
provided with a valid birth certificate.4 In 2017, the Report of the United Nations High
Commissioner for Human Rights on the situation of human rights in Libya noted that
“Libyan women face discrimination, […] and do not have the right to pass on their
nationality to their children or spouse”.5 In its submission for the Second UPR Cycle of
Libya in 2014, UNHCR recommended Libya to Implement Article 11 of “Law Number 24
of 2010” to ensure that mothers are able to pass their nationality to their children,
regardless of the status or nationality of the child’s father.6
2
Report of the Working Group on the Universal Periodic Review: Libyan Arab Jamahiriya, A/HRC/16/15.
Report of the Working Group on the Universal Periodic Review: Libya, A/HRC/30/16.
4 CMW, Concluding observations on the initial report of Libya, CMW/C/LBY/CO/1.
5 Report of the United Nations High Commissioner for Human Rights, A/HRC/34/42
6 https://www.refworld.org/publisher,UNHCR,,LBY,553a052e4,0.html.
3
2