Libya must respect free movement of women and girls traveling abroad, say experts

UN experts on Thursday expressed deep concern over a discriminatory policy issued by the Libyan Government’s National Unity in April 2023 that effectively restricts the rights of women and girls to travel abroad without a male guardian or mahram.

“This policy is not only discriminatory, but also restricts the freedom of movement of women and girls, including students leaving the country to study abroad,” the experts said. *

systematic application

In a joint statement, the special rapporteurs noted that the new policy has been applied systematically, without any formal or prior announcementand has required all traveling women and girls to fill out a form with personal information, the reasons for traveling without a male guardian either mahram, and details of his travel history without him. According to some reports, women and girls who refuse to fill out or present the form are not allowed to leave.

“We are especially concerned about the negative impact of this discriminatory procedure on the fundamental rights and freedoms of women and girls, in contradiction with international obligations and Libyan nationals on non-discrimination, equality and the right to privacy,” the group of experts said.

“This restriction represents a new violation of human rights and it sends the wrong signal,” the experts added. “We must guarantee the equality and dignity of women.”

Intimidation of defenders

The rapporteurs also expressed alarm at alleged attempts by the Libyan Internal Security Agency to intimidate human rights defendersincluding women, who have spoken out against these policies.

The experts urged the authorities to withdraw this exclusionary requirement and to prevent all kinds of intimidation, harassment and attacks against women and human rights defenders who have protested against this discriminatory measure.

The experts signing the statement are: Reem Alsalem, special rapporteur on violence against women and girls, its causes and consequences; Mary Lawlor, special rapporteur on the situation of human rights defenders; Dorothy Estrada-Tanck (Chair), Ivana Radačić (Vice-Chair), Elizabeth Broderick, Meskerem Geset Techane and Melissa Upreti, Working Group on Discrimination against Women and Girls; Ana Brian Nougreres, special rapporteur on the right to privacy; Farida Shaheed, special rapporteur on the right to education.

** The experts are part of what is known as Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name for the Council’s independent investigative and monitoring mechanisms. Special Procedures mandate holders are independent human rights experts appointed by the Human Rights Council to address specific country situations or thematic issues around the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and provide their services in an individual capacity.