How Libya's behind-the-scenes reformer is actually, well, reforming.
MAHMUD TURKIA/AFP/Getty Images
Out of a feudal past: Qaddafi's son, Saif al-Islam, might be just the sort of modernizer Libya needs.
The
story making headlines this week is the death of Libya's foremost dissident,
Fathi al-Jahmi, in a hospital in Jordan. A former provincial governor whose
campaign for free speech and democracy landed him in prison in 2002, Jahmi's
death resurrects concerns about the police state in Libya today. Yet if his
untimely death brings the struggle for democracy to the forefront of
conversation, there is much to update from the situation that first condemned
Jahmi to spend his final days under police guard. What Fathi al-Jahmi died for is
starting to spread in the country. For the first time in memory, change is in
the air in Libya.
The
brittle atmosphere of repression has started to fracture, giving way to expanded
space for discussion and debate, proposals for legislative reform, and even
financial compensation for families of the hundreds of men killed in a prison
riot a decade ago. And while the reform initiatives, if we dare call them that,
are fragile and tenuous (skirmishes are common between the would-be reformers
and a security establishment quite comfortable using its untrammeled authority),
political dynamism and vibrancy are appearing in a country that was closed in every
way for decades.
I first
visited Libya four years ago, just as it was gearing up for its self-rehabilitation
in the international community, and I returned the following year, working on
Human Rights Watch's first official investigation in the country. The
government was making all the right foreign-policy moves -- agreeing to give up
its weapons of mass destruction program and to compensate victims of the 1988
Libyan-backed bombing of Pan Am Flight 103. Soon after, Libya even settled the
case of five Bulgarian nurses and a Palestinian doctor who were imprisoned for eight
years, accused of infecting Libyan children with HIV. They had remained in
detention despite overwhelming evidence that the infections were caused by the
poor hygiene that characterizes Libya's public hospitals.
But
internally, the repression of Libyan citizens was as suffocating as ever. President
Muammar al-Qaddafi's Green Book, analogous in state-sponsored hallowedness to
Mao's red one, was repeated and rephrased in every meeting -- by officials and
citizens alike. Libya was a state of perfect direct democracy, I was told. Every
citizen participated in making the country's decisions -- so no need for a
private press. Vague promises for reform were uttered here or there, but during
our visit, we heard no critical voices inside the country, public or private.
When
I visited that same Libya this April, I was unprepared for the change. I left
more than one meeting stunned at the sudden openness of ordinary citizens, who criticized
the government and challenged the status quo with newfound frankness. A group
of journalists we met with in Tripoli complained about censorship and the ease
with which public officials could sue them for slander. But that hadn't stopped
their newspapers from exposing unsanitary hospitals or contaminated food supplies.
One journalist said that, while he was wary of being prosecuted, he found
delight in testing the boundaries. Quryna,
one of two new semi private newspapers in Tripoli, features page after page of
editorials criticizing bureaucratic misconduct and corruption, despite
countless pending lawsuits against it.
Even
more boldly, families of victims of the Abu Sleem prison killings, in which an
estimated 1,200 inmates died on June 28 and 29, 1998, at the hands of state
security forces, are organizing -- forming their own association -- after a
decade of relative silence. Back in 2004, the government said it had
established a commission to investigate the episode; no one is sure if such an
investigation took place or what it may have found. Instead, the state has
started to issue death certificates and offered up to 120,000 dinars
(approximately $88,000) in compensation. Refusing the money, some victims'
families are instead demanding a real public accounting and justice for their
relatives' killers. The association has held a number of demonstrations despite
threats of arrest and ostracism. And while members of the group spoke to us
with great apprehension, the very presence of a public debate on abuses by the
government's internal police is breathtaking for Libya.
The
spirit of reform, however slowly, has spread to the bureaucracy as well. A new
draft penal code restricts the death penalty to murder convictions (previously,
being convicted of a whole host of crimes could get one killed), even as it continues
broad restrictions on speech and organizations. The critically important separation
of the Justice and Internal Security ministries in 2004 is producing results. The
Justice Ministry is now playing more of an oversight role, calling on Internal
Security to obey court decisions and pursue cases involving alleged abuse by
police officers. Judges are traveling abroad for training. International groups
are working to improve prison conditions (the admission that Libyans might have
something to learn from the rest of the world is a breakthrough in and of
itself). Even the Interior Ministry is now headed by a more modern minister, Gen.
Abdelfattah al-Obeidi, who has reportedly been tasked with overhauling Libya's sclerotic
police, who had grown accustomed to operating with impunity.
It
all sounds tentative yet promising -- and indeed, a group of about 20 lawyers
to whom we spoke were debating that very question: Was Libya's expansion of
freedom just temporary, or the start of something permanent?
Many
Libyans say the changes were unavoidable in the face of the open satellite and Internet
access of the past decade, revealing to Libyans just how poorly their Great
Jamahiriyaa, the formal name for their government, compares with the rest of
the world.
But
the real impetus for the transformation rests squarely with a quasi-governmental
organization, the Qaddafi Foundation for International Charities and
Development. With Saif al-Islam, one of Qaddafi's sons, as its chairman, and university
professor Yousef Sawani as its director, the organization has been outspoken on
the need to improve the country's human rights record. It has had a number of showdowns
with the Internal Security Ministry, with whom relations remain frosty. Saif al-Islam
is also responsible for the establishment of the country's two semi private newspapers,
Oea and Quryna.
Some
say that Saif al-Islam's efforts are nothing more than a bid to enhance his
popularity before moving to inherit rule from his father. No surprise then,
that he is pushing a softer image of Libya on the international stage. Even if
that's the case, it is impossible to underestimate the importance of the efforts
made so far. Let's hope this spring will last.
Sarah Leah Whitson is executive director
of the Middle East and North Africa division of Human Rights Watch.
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