Independent Fact-Finding Libyan
Mission: Observations About Gaddafi's Governance
16 Jan 2012By Stephen Lendman
A joint report was released by the Arab Organization
for Human Rights (AOHR), Palestinian Center for Human
Rights (PCHR), and International Legal Assistance
Consortium (ILAC).
Their mission investigated alleged widespread
international law violations since mid-February 2011.
Its mandate included investigating those committed by:
- the former government;
- NATO; and
- insurgents.
It also sought to identify human rights issues,
requiring Lybian and international attention.
Investigators included "leading international jurists
and lawyers with expertise in international human
rights law, international humanitarian law,
international criminal law, transitional justice, and
the development of legal systems in post-conflict
environments."
Information obtained from witnesses, victims, and
other parties were kept confidential unless already
revealed and available.
Investigations weren't meant to be comprehensive.
Rather, the mission tried "to convey the considered
observations of its members, in order to facilitate,
and prompt, the work of other bodies and authorities."
Investigators included:
(1) Raji Sourani: PCHR Director, Arab Organization for
Human Rights President (AOHR), International
Federation for Human Rights Vice President, Executive
Committee of the International Committee of Jurists
member, as well as other credentials.
(2) Amin Mekki Medani: Sudanese lawyer and former AOHR
President. He also held various UN posts.
(3) Mohsen Awad: former AOHR Secretary-General and
Egyptian Human Rights Council member.
(4) Amina Bouayach: Moroccan Organization for Human
Rights President and International Federation for
Human Rights Vice President.
(5) Agneta Johansson: International Legal Assistance
Consortium (ILAC) Deputy Director.
(6) William Meyer: ILAC Chairman and former CEELI
Prague Institute Executive Director.
(7) Daragh Murray: Republic of Ireland IRCHSS Scholar
and head of PCHR's International Unit.
(8) Hany Abu Nahla: head of PCHR's Translation Unit.
From November 15 - 22, investigations and interviews
were conducted in Western Libya alone, in and around
Tripoli, Zawiya, Sibrata, Khoms, Zliten, Misrata,
Tawergha, and Sirte. Significantly, Benghazi was
omitted, an area plagued by insurgent crimes.
Findings revealed "significant" international law
violations. However, imposed constraints prevented
investigators from reaching "definitive legal
conclusions regarding individual incidents."
Nonetheless, they believe crimes of war and against
humanity were committed.
Evidence suggests NATO classified civilian sites as
military ones for attacks, including homes, schools,
colleges, food distribution centers, hospitals,
mosques, and others. In addition, civilians were
targeted, notably in Sirte.
In fact, one incident there killed 47 or more
non-combatants. This and other incidents raise
"significant questions," requiring further inquiry and
disclosure.
Insurgents also violated international law, including
civilian killings; torture and other abuses; wrongful
detentions; mistreatment of foreign workers, and
forced "displacement of suspected enemies of the
Revolution."
Observations about Gaddafi's
Governance
Unfortunately, investigators used dubious sources,
calling his authority "one man rule." They include the
International Criminal Court (ICC) and International
Crisis Group (ICG). Neither functions independently.
The ICC notoriously serves Western interests. As a
result, it absolves or ignores their crimes while
targeting their enemies like Gaddafi.
Former World Bank vice president Mark Malloch Brown
and former US diplomat Morton Abramowitz co-founded
the ICG. Now headed by former US diplomat Thomas
Pickering and former International Criminal Tribunals
chief prosecutor for Yugoslavia and Rwanda Louise
Arbour, it functions the same way.
Its Executive Committee and advisors include former US
and Western officials, former NATO commander Wesley
Clark, and corporate figures like George Soros. They,
in turn, reframed responsibility to protect authority
in Libya to lawlessly intervene belligerently to
establish neo-colonial rule. In fact, UN Charter
provisions explicitly prohibit military force for
humanitarian interventions.
Investigators also mischaracterized Jamahiriya
governance, calling it "an elaborate facade" to hide
Gaddafi's sole authority. Quoting the ICG, they
described it as "a highly complex formal ruling system
containing a plethora of congresses and committees,
often with overlapping powers, that have contributed
to a sense of orchestrated and perpetual chaos."
In addition by calling himself "Brother Leader,"
Gaddafi "avoid(ed) accountability."
They quoted the ICC saying "the Libyan State apparatus
of power - including political, administrative,
military and security branches - consists of a complex
set of units and individuals, all of which are
ultimately subject to the orders and control of"
Gaddafi.
They ignored Washington's longstanding regime change
policy. As a result, an externally generated
insurgency followed. In addition, the National
Transitional Council (NTC) was illegitimately
established with interim puppet authority for Western
interests. Libyans are entirely shut out.
Nonetheless, investigators called it "internationally
recognized as the Government of Libya....to oversee
the transition to representative democracy."
In fact, Washington, NATO partners, and complicit
regional states don't tolerate democracy or
international law. Ignoring that denies reality.
Moreover, investigators claim "pre-revolutionary Libya
(was) characterized by a climate of fear, in which
individuals were afraid to speak their mind, where
opposition - real or perceived - was ruthlessly
crushed, and where security forces committed
apparently widespread and systematic abuses with total
impunity."
Sadly, the facts belie this description. Most Libyans
supported Gaddafi and still do. During NATO's
intervention, overwhelming numbers rallied openly. On
July 1, 2011, 95% of Tripoli's population (over a
million strong) expressed support in Green Square.
Fear restrains them now. Doing so risks imprisonment,
torture, and/or death by summary execution.
Libya's social state was also ignored, including under
Gaddafi's 1999 Decision No. 111. It assured all
Libyans free healthcare, education, electricity,
water, training, rehabilitation, housing assistance,
disability and old-age benefits, interest-free state
loans, as well as generous subsidies to study abroad,
buy a new car, help couples when they marry,
practically free gasoline, and more.
Literacy under Gaddafi rose from 20 - 80%. Libya's
hospitals and private clinics were some of the
region's best. Now they're in shambles.
Before war began, Libyans had Africa's highest
standard of living. Gaddafi's Green Book said:
"The house is a basic need of both the individual and
the family, therefore it should not be owned by
others." It also covered other social policies,
saying:
- "Women, like men, are human beings.
- ....(A)ll individuals have a natural right to
self-expression by any means....;
- In a socialist society no person may own a
private means of transportation for the purpose of
renting to others, because this represents
controlling the needs of others.
- The democratic system is a cohesive structure
whose foundation stones are firmly laid above the
other (through People's Conferences and Committees).
There is absolutely no conception of democratic
society other than this.
- No representation of the people - representation
is a falsehood. The existence of parliaments
underlies the absence of the people, for democracy
can only exist with the presence of the people and
not in the presence of representatives of the
people."
Green Book ideology rejects Western-style democracy
and predatory capitalism, especially neoliberal
exploitation. It's one of many reasons why Gaddafi was
ousted.
His impressive social benefits also included free
land, equipment, livestock and seeds for agriculture
to foster self-sufficient food production. In
addition, all basic food items were subsidized and
sold through a network of "people's shops."
Moreover, since the 1960s, women could vote and
participate politically. They could also own and sell
property independently of their husbands. Under the
December 1969 Constitutional Proclamation Clause 5,
they had equal status with men, including for
education and employment, even though men played
leading roles in society.
Until Washington and rogue NATO partners blocked its
approval, the UN Human Rights Council praised Gaddafi
in its January 2011 "Report of the Working Group on
the Universal Periodic Review: Libya Arab Jamahiriya."
It said his government protected "not only political
rights, but also economic, educational, social and
cultural rights." It also lauded his treatment of
religious minorities, and "human rights training" of
its security forces.
Throughout most of 2011, NATO's killing machine
destroyed 42 years of achievements. All Libyans
benefitted. Why else did Gaddafi have overwhelming
support?
His vision marked him for removal. It was just a
matter of when, even though he cooperated with Western
powers post-9/11 on matters of intelligence and
terrorism.
Until vilified and targeted, he was welcomed in
Western capitals. In 2003, he came in from the cold,
became a valued Western ally, and had meetings and
discussions with top officials like UK Prime Ministers
Tony Blair and Gordon Brown, France's Nicolas Sarkozy,
Italy's Silvio Berlusconi, US Secretary of State
Condoleeza Rice, and others.
He also participated in the 2009 G-8 Summit in
L'Aquila, Italy as Chairman of the African Union. At
the time, he met and shook hands with Obama.
Moreover, ABC News interviewed him live, and on
January 21, 2009, The New York Times published his
op-ed headlined, "The One-State Solution" to resolve
the Israeli/Palestinian conflict. He called "living
under one roof....the only option for a lasting
peace."
On May 16, 2006, Washington restored full diplomatic
relations. Libya was removed from its state sponsors
of terrorism list. At the time, Rice called the move:
"tangible results that flow from the historic
decisions taken by Libya's leadership in 2003 to
renounce terrorism and to abandon its weapons of mass
destruction programs....Libya is an important model as
nations around the world press for changes in behavior
by the Iranian and North Korean regimes."
She also praised Gaddafi's "excellent cooperation" in
fighting terrorism. Moreover, he opened Libya's
markets to Western interests by arranging deals with
Big Oil giants BP, ExxonMobil, Royal Dutch Shell,
Occidental, France's Total, Italy's Eni Gas and
others. By all appearances, he joined the club, so why
turn on him?
Though on board in some ways, he very much wasn't on
others. He supported Palestinian rights. As a result,
he opposed Israel's occupation and Gaza's siege.
Earlier he backed South Africa's anti-apartheid
struggles, as well as others in Northern Ireland,
Spain, and elsewhere.
He opted out of AFRICOM's imperial regional plan. He
wanted Libyans to control their own resources and use
revenues domestically for all Libyans. His Central
Bank of Libya was state owned. It created its own
money interest-free for economic growth, not
speculation and wealth for predatory bankers.
He promoted pan-African unity, an idea anathema to
Washington and Western powers. He advocated a new
"Gold Standard," replacing dollars with gold dinars,
and hoped other African and Muslim states would adopt
the idea. That alone got him targeted for removal.
He had nothing to do with downing Pan Am 103 over
Lockerbie, Scotland in 1988. Neither did Abdel Basset
Ali al-Megrahi. Scottish judges knew he was innocent
but were pressured to convict.
Gaddafi never admitted fault. He took responsibility
solely to have international sanctions removed. To
this day, he and al-Megrahi stand falsely accused.
Likely CIA /MI6/and/or Mossad involvement is never
mentioned.
A Final Comment
Libyan Investigators have legitimate credentials as
human rights supporters. Organizations like PCHR do
extraordinary work. They deserve praise, encouragement
and help.
Their report highlighted international crimes, need
for more investigation, and prosecutions for those
responsible.
It expressed concern for ongoing abuses in detention,
mistreatment of foreign workers, and forced
displacements of suspected Gaddafi loyalists. It
called for measures to stop ongoing crimes.
Nonetheless, it wrongfully said "Libya is emerging
from 42 years of authoritarian rule and governance
characterized by injustice, the denial of fundamental
human rights, and impunity."
Libya's now repressively occupied. A climate of fear
prevails. Insurgent killers threaten Gaddafi
supporters. Silence best protects them. Nonetheless,
Libyans revealed crimes committed by NATO and rebel
rat forces.
However, others condemning Gaddafi appear suspect.
Indeed, he had enemies, but most Libyans supported him
with good reason. As a result, the report tragically
falls short. It includes NATO and insurgent crimes but
mischaracterizes Gaddafi's rule.
Hopefully, another mission will follow in less
volatile times. Violence still rages. Little gets
reported. Western media scoundrels entirely suppress
it. Libyans deserve better. Their nation was peaceful
until NATO showed up. Now it's destroyed and all
previously enjoyed rights lost.
Mission team members must acknowledge it and point
fingers where they belong.
NOTE:
In mid-January, 12,000 US troops were positioned in
Malta. Occupying Libya is planned. On January 18,
Libya SOS said hundreds of American soldiers already
arrived. Libya's Western-appointed foreign minister
said 6,000 came to Tripoli's Mitiga International
Airport.
Straightaway, they set up "mobile camps and equipment
around oil fields and refineries." In other words,
they're protecting Western interests, principally oil.
Libyans lost their rightful resources and living
standard they afforded.
"Tunis Focus" reports that US forces are in Brega, Ras
Lanouf, Sirte, and Tripoli's Mitiga International
Airport. Moreover, US and NATO helicopters, warplanes,
and drones now patrol Libyan airspace. They're
surveilling and attacking suspicious targets.
Ahead lies occupation, neo-colonization, pillaging,
exploitation, violence and repression. It persists
wherever America shows up. So does overwhelming
suffering and human misery. Libyans experienced it for
months. Much more lies ahead.
Stephen Lendman lives in Chicago and can be reached
at lendmanstephen@sbcglobal.net. Also visit his blog
site at sjlendman.blogspot.com and listen to
cutting-edge discussions with distinguished guests on
the Progressive Radio News Hour on the Progressive
Radio Network Thursdays at 10AM US Central time and
Saturdays and Sundays at noon. All programs are
archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/
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