Nationality in Libya is governed by the 2010 Nationality Law. This law created the possibility for women to pass nationality to their children, but remained highly discriminatory on the grounds of gender, as well as retaining ambiguities which made it uncertain how the law would be applied in practice.
The UN Committee on the Rights of the Child expressed regret in 1998 over the fact that many forms of discrimination are not expressly prohibited under Libyan law. It was concerned also about discrimination in transmission of nationality by Libyan mothers to their children. The CEDAW Committee expressed similar concerns in 2009,
Minority non-Arab ethnic groups in the southern borders regions of Libya, such as the Tebu (also affected by a boundary change with Chad), have long been at risk of statelessness, struggling to obtain papers recognising them as Libyan.
Both under the Gaddafi regime and since his downfall, a major area of concern is the abuse of migrants in Libya. Many migrants came to Libya from sub-Saharan Africa in the 1980s and 1990s, either seeking jobs in Libya itself, or passing through Libya en route to Europe; the Gaddafi government carried out periodic mass expulsions to countries further south, and many were targeted and fled during the breakdown of public order when the regime collapsed. Access to birth registration for children of migrant parents was practically inaccessible even before 2011, and has worsened since then. Gender discrimination in the law means that children of Libyan women and foreign men are at great risk of statelessness.
Extracts on African countries: Action 1. Resolve major situations of statelessness In Kenya, on 5 and 6 December 2025, the Parliamentary Committee on Administration and Internal Security, supported by UNHCR and NGO partner Haki Centre, held a public participation exercise […]
Since 2012, UNHCR has issued an annual background note on gender equality in nationality laws related to the conferral of nationality on children. Nationality laws that do not grant women equal rights with men to confer nationality on their children […]
A new legal case is likely to be made involving Farhat Omar Bengdara, on top of two previous suits. This one is based on the ruling of the Tripoli Court of Appeal, which determined in October that the head of […]
by Sami Zaptia In a statement entitled ‘‘press clarification’’ issued by the National Oil Corporation (NOC) yesterday, the NOC stated that its chairman, Farhat Bengdara does not hold an Emirati citizenship. The statement read: ‘‘A news item has spread on […]
By Abdulkader Assad The Tripoli Court of Appeal issued its final ruling confirming evidence that Farhat Bengdara, Chairman of the Board of Directors of the National Oil Corporation (NOC), holds the citizenship of the United Arab Emirates (UAE). The court […]
Plaintiff claims defendant presented no evidence countering accusation of dual nationalities by Sami Zaptia On Wednesday (11 September), a session was held before the Administrative Judiciary at the Court of Appeal in Tripoli (in case no. 455 of 2023) concerning […]
Nationality laws which do not grant women equality with men in conferring nationality on their children are a cause of statelessness and a concern for UNHCR.1 Since 2012, UNHCR has issued an annual background note on gender equality in provisions […]
Today, 22 January 2024, the Third Administrative Chamber of the Tripoli Court of Appeal took an important action in the ongoing high-profile litigation against NOC Chairman Farhat Bengdara. Specifically, the Court granted an interim order freezing the implementation of a […]
by Sami Zaptia In an explosive development, the expanding controversy over the role of Farhat Omar Bengdara as Chairman of the Board of Directors of the National Oil Corporation has now moved from the media arena to a formal judicial […]
by Sami Zaptia The Attorney General held a meeting last Wednesday at his Tripoli headquarters with the Minister of State for Prime Minister and Cabinet Affairs, the head of the Civil Registration Authority civil, the Passports, Nationality and foreigners’ Affairs; […]
Extracts: INTRODUCTION This Report, under Rule 64 of the Rules of Procedure of the African Commission on Human and Peoples’ Rights (the Commission), gives an account of the human rights promotion and protection activities carried out during the intersession period […]
Nationality laws which do not grant women equality with men in conferring nationality on their children are a cause of statelessness and a concern for UNHCR. Since 2012, UNHCR has, in line with its mandate to prevent and reduce statelessness, […]