Tribal
animosities and militia rule tarnish Libya's human rights record and
democratic credentials.
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| remi ochlik |
Hassan Al Amin, the chairman of the
Human Rights and Civil Society Committee and a long time Gaddafi
opposition figure,
resigned
earlier this month following numerous death threats. Justifying his
decision, he cited his inability to conduct his work as chairman in
an increasingly polarised political environment .
Al Amin's high profile resignation
serves as a reminder of the reality of Libya's new 'democratic' rule
and the state of human rights in the country. The authoritative
annual report
published by Human Rights Watch for 2013 reveals that Libya continues
to be plagued by serious rights abuses, including arbitrary arrests,
torture, and deaths in detention.
Like many Libyans, Al Amin believes
that the GNC has strayed from its mission and obligations towards the
Libyan people. It has failed to deliver on the most important issues
affecting the country during the ongoing transitional period.
The GNC has already deferred the
drafting of a new constitution to an unforeseeable time and has been
unable to maintain adequate oversight over governmental program.
Critics have also pointed to the GNC's failure to implement a
coherent plan of national reconciliation and transitional justice.
Al Amin's views and his will to
foster the respect of human rights in Libya have earned him a number
of enemies, particularly in his electorate district of Misrata.
Misrata provides an illustrative and
bleak example of everything that is wrong with Libya today.
The town is a place where
lawlessness, the "rule of the gun" and a dubious
'revolutionary legitimacy' are vaunted by armed militias. They have
come to trump the democratically elected local representatives and
civil law.
Like elsewhere in Libya, Misrata's
prisons are filled with those captured during the chaos and in the
aftermath of the revolution. Militiamen allegedly guarding these
facilities subject their captives to inhuman and degrading treatment.
Arbitrary detentions, torture and murder are a common occurrence;
perpetrated by the very men supposed to prevent them. Accountability
is non-existent and government officials tasked with preventing the
abuse such as Al Amin are branded traitors and threatened for merely
doing their job.
Though these issues affect the whole
of Libya, the current situation in Misrata fully captures the toxic
legacy of tribalism has had on the country.
Gaddafi maintained his hold on power
by manipulating old tribal grudges against his opponents. Applying
the clausewitz's concept of war being the continuation of policy by
other means, it is easy to see how tribal cleavages that kept Gaddafi
in power determined which groups supported the revolution and which
groups did not.
Entire tribes whose members
supported the old regime against the revolutionaries have been
targeted by revenge killings and abuse by armed militias while
central authorities turn a blind eye.
For example, the people of Tawergha
are unable to return to their city out of fear of revenge from
Misrata Militias. Tawerghians allied themselves with the Gaddafi
regime during the revolution. They participated in the siege of
neighbouring city of Misrata and now face persecution.
Tawerghans have been targeted for
arrest and attack by Misrata's Militias, who accuse people from
Tawergha of committing serious crimes against them during the war. It
is reported that around 1,300 people from Tawergha are detained,
missing, or dead.
Human Rights Watch went as far as
stating that abuses committed against Tawerghians may amount to
crimes against humanity and could be prosecuted by the International
Criminal Court.
The image of Libya as a poster-child
for successful democratic transition has been tarnished by the brush
of tribal lawlessness. If the GNC does not take immediate and
substantial steps to remedy the situation on the ground, it risks
turning the current regime into the very thing Libyans fought and
died to overthrow.
Breaking the spiral of violence:
If the GNC fails to act, the current
status quo is likely to have disastrous consequences for the country
and its citizens. Tribal feuds can spiral into a never ending
vendetta of revenge killings. Neutralizing militias remains the most
basic prerequisite for implementing a system of governance based on
justice and the rule of law. Laws and policies cannot be drafted when
neither the parliament nor the Prime Minister's office are safe from
armed groups storming them.
Though grievances against the old
regime are justifiable, forcing officials chosen by the ballot out of
office with the barrel of a gun goes against the core principals of
public office in a democracy. Claiming authority through
'revolutionary legitimacy' is merely the exercise of control through
fear and violence, the hallmarks of Gaddafi's regime.
Reconciliation is the first building
bloc for a successful transition. The GNC should therefore deliver on
its promise to make reconciliation a priority. It ensures the return
of dignity and justice to all who have been wronged , allowing
everyone to move forward without being hampered by the past.
Reconciliation must be followed up
by an inclusive development program. Young Libyans in Militias must
be incentivized with alternative sources of income and better
prospects to develop as law abiding citizens.
Finally, NGOs and officials
overseeing the application of the law and the respect of human rights
should be treated as partners of the Government. A robust civil
society strengthens the rule of law and discourages 'tribal justice'.
