Gaddafi

Free speech in post-Gaddafi Libya

By Ghazi غازي in English, Libya, Revolution Tags: , , ,

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Free speech in Libya has been transformed in a relatively short period. The initial boom of diverse independent media outlets has been hailed by many observers as one of the major achievements of the Libyan uprising after decades of oppression on the freedom of ordinary people to voice their opinion and dissent.

However the initial euphoria gave way to frustration. It became apparent that developing laws and regulations that achieve the balance between freedom of speech and defamation will not be an easy task. Newly drawn restrictions to freedom when dealing with militant and fundamentalist armed groups and the religious establishment, combined with lawlessness of many parts of the country, is hindering the development of the concept of freedom of speech in post-revolutionary Libya.

In Gaddafi’s Libya, it was difficult for writers and journalists to work and publish outside the state-owned media outlets. Journalists faced banning, harassment, imprisonment, torture and death. Even when the regime attempted to improve its image, through Gaddafi’s son Saif-Islam, in what was dubbed the “Libya Tomorrow” project, the scope of freedom of expression didn’t go beyond criticising some corrupt state officials.

During the uprising independent media outlets became mostly synonymous with “resistance journalism” which focused mainly on rallying the people against the regime and documenting the many violations committed by Gaddafi loyalists.

The ability to write and publish without prior approval or censorship in newspapers, magazines, websites, or on social media was a huge leap for many writers and journalists.

The Libyan uprising produced, for the first time in many decades, hundreds of media outlets free from state control or official censorship. The state regulator and censor that was inherited from the Gaddafi era, and is yet to be dissolved, became an obsolete relic of a bygone age of oppression and censorship.

After the revolutionary fervour settled, and with the country entering a new era of rebuilding and establishing its state institutions, independent newspapers and publications found that adjusting to the new reality of post-revolution Libya wasn’t an easy task.

Many faced closure either because of lack of funding or a lack of professionally experienced journalists and writers to fill their pages, while dozens of television and radio channels found it difficult to attract audience with only revolutionary programming of discussion shows and nationalist songs, as is the case of the two state owned television channels, Al-Wataniya, and Al-Rasmiya that continue to fill their slots with irrelevant talk shows.

Protecting the rights of individuals to express their opinions peacefully and freely faced a challenge when the former National Transitional Council, bowing to pressure from certain exclusionary elements in the country, issued Law 37 to criminalise any “insult to the Libyan people and its institutions”, or glorifying Gaddafi and his regime, or any action that may harm the “Revolution” or Islam, was revoked by the Libyan supreme court and deemed unconstitutional, a decision that was supported and welcomed by many observers of freedom both inside and outside Libya.

In the post-uprising reality, newspapers and television channels that dared investigate claims of corruption and human rights violations, committed mostly by rogue militant and fundamentalist armed groups, face violent attacks; television channels have been vandalised, journalists kidnapped and tortured, or forced into silence or exile, and in some cases imprisoned and prosecuted under Gaddafi-era laws, as in the case of Amara al-Khatabi, who is accused of defaming Libyan judiciary after his newspaper published a list of judges it said were involved in corruption.

The other major challenge is enshrining freedom of expression in the constitution and protecting this right with laws that respect the rights of journalists and writers to report without fear. This could only begin by abolishing all Gaddafi era laws that infringe freedom of speech, some of which are still being used. It is expected that the long awaited constitution would protect freedom of expression and the rights of journalists and writers, and the arduous process of writing this constitution has begun with the members of the national congress (Parliament) to directly elect a 60 member constitutional committee that will be given the task of preparing the document, and is expected to be ready for a general referendum mostly by early 2014.

An official at the Libyan Ministry of Culture told me that the current government is aware of this problem and how old laws are being used to censor, ban and confiscate books, newspapers and other printed materials. But he said that changing these laws is not a priority as the government struggles to build state institutions from scratch.

The internet in general and social media in particular played an important role during the revolution, and it is still considered a major player in consolidating freedom of expression gains, and has so far not been censored or hindered except by its infra-structure which needs to be improved so it can reach more people in the country.

With the number of Facebook users in Libya approaching one million (862,060 according to Social Bakers, as of April 2013) many Libyans, are exercising their rights to criticise and debate any issues or figures in the government or other political elements, though some might argue that the lack of professionalism and accountability in social media is causing more harm than good, by spreading rumours and malicious reporting.

Libya ranked 131st in the World Press Freedom Index 2013, making the most gains in freedom compared to its Arab uprising neighbours, Tunisia and Egypt.

But the challenges ahead are daunting and the concerns that those gains can be lost are real.
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* First published on Index on Censorship

Libya: Hopes and Challenges

By Ghazi غازي in English, Gaddafi, Libya 3 Comments Tags: , , ,

I still can remember vividly the child I was, growing up under the shadow of Gaddafi regime. Opposing Gaddafi at our home, like many Libyan homes, was normality, but there was always a warning from our parents to never speak negatively about him outside the house or in the presence of strangers or at school. Living a double life was the best way to survive in Libya for a vast sector of society; it was passive way of expressing opposition to a regime that sent its opponents behind the sun.

Gaddafi regime was determined to seep into every detail of our lives, and plant the seeds of suspicion and fear between people, so it becomes normal not to discuss the political situation of the country with friends or colleagues at school or university for fear that they might turn out to be informants working for the regime, that kept records of all individuals suspected of showing tendencies of dissent or opposition, and in case they can’t silence you, they will try to contain you by recruiting you into the regime and later corrupting any energetic and politically active individuals.

As a writer in Gaddafi’s Libya, self censorship was a skill you had to develop to continue surviving, learning to avoid writing about the political problems in Libya and mentioning even metaphorically Gaddafi and his despotic regime in works of literature. Publishing daring works outside the country to avoid being censored or banned became an act of defiance against the regime. Living under this fear Libyan writers suffered imprisonment, torture and death on the hand of various security apparatuses of Gaddafi regime.

During the few days before the Libyan uprising in early February, and after witnessing the fates of two despots in Tunisia and Egypt, many were hopeful that our moment of freedom in Libya has arrived, but most were sceptical what exactly will happen, it was this unpredictability that destabilised the regime and brought its demise in the end. The invincibility that Gaddafi bestowed on his image and existence made the idea that in few months he will be erased from the memory of most Libyans unthinkable.

Our fears that Gaddafi sowed the seeds of chaos in the country after decades of inexistent constitutional and political life in Libya and his policy of ruling by exploiting the divides between the various social components of the Libyan society, fuelling tribal rivalries, and depriving Libyans from forming parties and political movements or social and civic associations meant that the only mean of dissent was either violence or to conform to the social norms. Gaddafi made it clear that his regime was the only way of ensuring stability and prosperity in the country otherwise we will end up with divided violent unstable Libya.

During my visit to Libya last month, I met many Libyan activists that are working towards building a new democratic and civic culture in Libya, terms like ‘political party, NGOs, free press, demonstrations, and elections’ that were inexistent and incriminating just few months ago under Gaddafi regime, are becoming part of the normal discussions and conversations on the Libyan streets, this transformation is indicative that tyranny is the main source of divide and chaos and fear, and that providing people with basic freedoms will open up a horizon of possibilities and that change can be achieved through dialogue and mutual understanding.

Walking the streets of the Libyan capital Tripoli, noticing that all traces of Gaddafi, his images, banners and slogans of his political ideology, disappeared, gives an indication how eager Libyans are to move forward and address crucial challenges to rebuild their country, forming a stable unified, competent transitional government, that will prepare for the first constitutional elections in the country since its independence in 1951, embarking on the essential process of reconciliation and healing between Libyans, looking after the wellbeing of thousands of Libyans who were injured or suffered trauma during the past months of the conflict, building a new security and military organisations that will ensure stability and the rule of law, disarming and controlling armed groups and militias, all this while putting strategic plans to rebuild the damaged infrastructure, and providing basic services in health and education and employment.

The role of women in the Libyan revolution is a cornerstone, they were the inspiriting force of the first protests against the regime in mid February and they continue to play crucial role in civil societies and NGOs and new media. Some Libyan women are still concerned that their role in society won’t be recognised as it should be and that regressive social elements will try to marginalise their participation in the political social and economic fields in Libya.

Libyan women activists gathered in the past few weeks in many conference and events to discuss the challenges ahead. These events managed to discuss matters and issues on the status of women’s rights in future Libya, and openly discussing the interaction between social and religious norms and traditions concerning women’s status in the country. More various and inclusive events and associations to protect and push for women’s rights and participation in government and decision making in Libya will be crucial to ensure the welfare of Libyan society in the future.

Libya is embarking towards a difficult journey of reconciliation, healing and rebuilding. As one friend kept reminding me of the challenging task ahead, stressing out that the past several months were brutal and painful, but the upcoming several months and maybe years will be critical and most difficult and hard for Libya, and that there is no room for complacency, and we should continue our struggle for a free, democratic and just Libya.