Libyan human rights, Libya work, Traditions
Libya has been plagued by various issues that have been repugnant to the attainment of the required levels of democracy. Traditions and norms applicable in the region have affected the nation in such a manner that the majority of the people has turned out to be less receptive to the attempts to align them to the international standards of human rights . The tradition of the people living in Libya has also been of great influence on the delayed development of the justice system that is both effective and applicable . It is impossible for one to look at the traditions of the Libyans without looking at the religious effects on the human right systems. Lack of a centralized system for dealing with the civil issues has also been a major source of the deterrents to justice.
The presently used customary system has been taunted as the most ineffective in the attainment of the justice since there is no central command over the process and the very people that could be determining the causes may be the offenders.
In some areas, customary means of dispute resolution in Libya work, but the differences in the application of the sharia law can be seen as the major issue that has made the customary law application less effective. The paper will point out the areas where the local enforcement of the civil law has failed with a special focus on the main causes for the failure of the law system in Libya. The paper will also focus on the efforts being made to ensure that the legal system in Libya is more effective. It will also present an array of solutions that can be used in the creation of a more effective legal system that has wide acceptance in the country.
[...] The above research questions will be integral in the creation of an understanding of the legal systems in Libya and the barriers to the attainment of the required or desired land rights. The research questions are not exhaustive hence the need to expand them in the course of the research to accommodate the contingencies. The research will be conducted in a contextual manner with modifications on the research questions being made to suit the understanding and interests of the respondents. [...]
[...] It is impossible for one to look at the traditions of the Libyans without looking at the religious effects on the human right systems. Lack of a centralized system for dealing with the civil issues has also been a major source of the deterrents to justice. The presently used customary system has been taunted as the most ineffective in the attainment of the justice since there is no central command over the process and the very people that could be determining the causes may be the offenders. [...]
[...] Bibliography Algheitta Protecting Human Rights Of The Accused In The Libyan Criminal Justice System (1st edn, University of Aberdeen 2011) Gerson A and Adler The Price Of Terror (1st edn, HarperCollins 2001) Masud Peters R and Powers Dispensing Justice In Islam (1st edn, Brill 2012) Menendez Justice Undone (1st edn, United States Senate 2010) Morayef Truth And Justice Can't Wait (1st edn, Human Rights Watch 2009) Nazir S and Tomppert Women's Rights In The Middle East And North Africa (1st edn, Freedom House 2005) Otto J and Algheitta Searching For Justice In Post-Gaddafi Libya (1st edn, Published by Van Vollenhoven Institute, Leiden University 2013) Allan Gerson and Jerry Adler, The Price Of Terror (1st edn, HarperCollins 2001). Nasser Faraj Algheitta, Protecting Human Rights Of The Accused In The Libyan Criminal Justice System(1st edn, University of Aberdeen 2011). Heba Morayef, Truth And Justice Can't Wait (1st edn, Human Rights Watch 2009). Robert Menendez, Justice Undone (1st edn, United States Senate 2010). Sameena Nazir and Leigh Tomppert, Women's Rights In The Middle East And North Africa(1st edn, Freedom House 2005). [...]
[...] The other dimension of looking at the issues of the customary practices is by looking at the people that were affected by the spring. The spring mainly affected two types of people. The first class of the victims that may demand justice is the presumed Gadhafi loyal that lost significant property and in some cases life during the spring[6]. The customs of the people at the time of the spring leant towards the incapacitation of the presumed loyal by destroying their property. Most of the loyal also found themselves losing even the more permanent property such as land. [...]
[...] This will be done by focusing on the instances when the government practices have been openly criticized by the international human right bodies. The paper will look at such instances in the Gadhafi era as well as the post Gadhafi period. this particular analysis will be critical in the development of an understanding of the predetermining factors that affect the civil procedural law in Libya that are beyond the control of the regime. The paper will offer a set of solutions that can be implemented for the reduction of the disparities in the delivery of justice. [...]
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