Complaint to UN Challenges Libya on Gender-Based Violence

Ms. Al-Sharigy, a Libyan national, was subjected to egregious gender-based violence (GBV) and fell victim like many others to the systemic failures of State protection. The submitted complaint seeks accountability and redress for Ms. Al-Sharigy. It underscores Libya’s consistent failure to protect girls and women from institutional violence and uphold its international human rights obligations, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and Convention Against Torture (CAT), both of which Libya has ratified. This filing is highly significant due to the scarcity of individual communications from Libyan GBV victims to UN human rights treaty bodies. It's a crucial opportunity for international scrutiny and to establish a precedent for survivors. Strong UN support, especially from CEDAW, is essential to ensure Libya honors its women's rights obligations.

In retaliation for helping her mother and sisters flee domestic violence and pursue legal action against her father and relatives, Ms. Al-Sharigy was subjected to threats, torture, kidnapping, and sexual violence. Her case poignantly illustrates the extreme dangers faced by girls and women who challenge patriarchal structures and seek justice in Libya.

She courageously shares her motivation for pursuing this complaint:

All domestic legal avenues were exhausted, yet Libyan authorities consistently failed to intervene, enabling continued violence. The judiciary disregarded injuries, dismissed complaints, and denied protection, even as the abuse escalated. In one critical incident, militia-affiliated perpetrators, later state security forces, were not apprehended during her abduction outside a courthouse. Ms. Al-Sharigy was not rescued, and upon police intervention, she was simply returned to her perpetrators. Ms. Al-Sharigy ultimately had to secure her own escape, without State intervention.

These actions and inactions by the Libyan State constitute clear violations of multiple articles of CEDAW, particularly Articles 1 and 2, which obligate States to prevent, investigate, prosecute, and punish discrimination and acts of gender-based violence, thereby unequivocally exposing the systemic failure of Libyan authorities.

Libya's systemic failure is further evidenced by its consistent failure to prosecute and detain alleged domestic violence offenders. Gender-based violence is severely underreported due to pervasive stigma, lack of trust in institutions, and systemic impunity. The absence of adequate domestic legislation for GBV crimes against women exacerbates the situation, violating Libya’s CEDAW obligations to eliminate discrimination through effective laws, institutions, and remedies.

The complaint urges the Libyan State to fully acknowledge its responsibility by providing comprehensive reparations to Wedad Al-Sharigy for the harm she has endured, ensuring accountability for those responsible, delivering justice without delay, and taking all necessary measures to guarantee non-repetition of such violations. Furthermore, the State must undertake structural reforms to prevent future violations against women and girls, ensuring that perpetrators of gender-based violence are investigated and prosecuted promptly and thoroughly. Libya must also ensure victims’ access to legal remedies and protection, including counselling, healthcare, financial support, and protective measures.

For more information or to request an interview, please contact:

• Francesca Pezzola, OMCT Director of Communications: fpe@omct.org
• Sahar Ben Hazem, OMCT Advocacy and Communications, Libya Program: sab@omct.org
• Olivier Peter, attorney-at-law, partner, Peter & Moreau: peter@petermoreau.ch