The Head of the Law Department of the Supreme Council of Law issued a legal opinion on 8 March declaring all NGOs and civil society organizations that have not been set up in accordance with Law No.9 of 2001 to be invalidly set-up and their registration deemed void.
However, the validity of the decision was widely questioned with different interpretations.
The decision was seen as extreme and has caused much debate in Libya in general and amongst NGOs. This is especially so in a year that Libya hopes to hold elections and the fundamental connection between NGOs, free speech and debate and free and fair elections. NGOs are supposed to be Non-Governmental Organisations, independent from government control or influence.
They play a role in checking government, parliament, and politicians in general in terms of accountability and transparency. Hence there is a tension and a contradiction between independent NGOs and state funding and control.
Commenting on 15 March to Libya Herald on the material effect of the legal opinion, leading Libyan law firm, Tumi Law Firm, said the radicalness of this legal opinion is reduced in effect upon realizing that Legal Opinions issued by the Law Department are only binding on whom they are directly addressing and have named in title or in self-capacity. In this case, it is the chairman of the Civil Society Commission and none other.
Nonetheless, Tumi Law Firm continued, such opinion ought to not be ignored or overlooked. It had warned that the legal opinion was likely to resurface in other, perhaps, more binding forms.
Today, Tumi Law Firm explained that “As of 13.03.2023, the Director of the Department of Foreign Affairs and International Cooperation has declared the Legal Opinion of the Law Department No. 37,16,2 to have a binding effect.
Therefore, the registration of all non-governmental organisation that are not registered pursuant to the provisions of Law No. 19 for the year 2001 are deemed void and their existence in Libya, as a consequence, is seen as invalid.
Tumi Law Firm understands the severity of such a decision, and is willing to extend its legal assistance to those affected by the decision”.
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