Libya: Three years on, Gaddafi-era laws used to clamp down on free expression

Mounting curbs on freedom of expression are threatening the rights Libyans sought to gain by overthrowing Colonel Muammar al-Gaddafi, said Amnesty International ahead of the third anniversary of the 2011 Libyan uprising.

In the latest move to stifle dissent across Libya, the authorities have consolidated a Gaddafi-era law that criminalizes insults to the state, its emblem or flag. The amended version of Article 195 of the Penal Code outlaws all criticism of the 17 February Revolution or insults to officials. An almost identical law drafted under al-Gaddafi banned all acts regarded as an attack against the Great Fateh Revolution and its leader.

Three years ago Libyans took to the streets to demand greater freedom, not another authoritarian rule, said Hassiba Hadj Sahraoui, Middle East and North Africa Deputy Director at Amnesty International.

What is the difference between not being able to criticize al-Gaddafis Al-Fateh Revolution or the '17 February Revolution? Behind both is the idea that expression is limited and some issues of taboo.

At this rate the Libyan authorities are headed down a dangerous path. The amendment is nothing more than a semantic alteration - substituting the name of one revolution with another. It is a copy and paste job of legislation from the Gaddafi-era and a flagrant attempt to undermine freedom of expression. The article should be repealed immediately.

Following the end of the Libyan conflict, Article 195 remained in force until its amendment on 5 February. Under the amended provision anyone who publicly insults the legislative, executive or judicial authorities can be punished with a prison term ranging from three to 15 years.

The law also criminalizes insults against members of the General National Congress (GNC), Libyas interim parliament, who voted on the amendment.

Muammar al-Gaddafi routinely used repressive legislation to silence his critics and political opponents. To replace these with carbon-copy laws is a clear betrayal of the aspirations of the 17 February Revolution, said Hassiba Hadj Sahraoui.

In a constitutional declaration adopted shortly before Colonel al-Gaddafis ousting in August 2011 Libyas transitional authorities promised to guarantee the right to freedom of expression.

Instead of strengthening protections for freedom of expression the authorities have persisted to use al-Gaddafis repressive laws. Last year the previous version of the same article was used to prosecute Amara al-Khattabi, a journalist who published a list of 84 judges whom he alleged were corrupt. His trial is ongoing.

Read more:

Libya: Three years on, Gaddafi-era laws used to clamp down on free expression

Related Posts

Comments are closed.