Section 2. Respect for Civil Liberties, Including:
The 2011 Constitutional Declaration provides for freedom of opinion, expression, and press, but various armed groups, including those aligned with the GNA, exerted significant control over media content, and censorship was pervasive. Unidentified assailants targeted journalists and reporters for political views.
Freedom of Speech: Freedom of speech was limited in law and practice. The law criminalizes acts that “harm the February 17 revolution of 2011.” The House of Representatives, since its election in 2014, and the GNA, since taking its seat in Tripoli in 2016, have done little to reduce restrictions on freedom of speech. Civil society organizations practiced self-censorship because they believed armed groups would threaten or kill activists. Widespread conflict in major urban areas deepened the climate of fear and provided cover for armed groups to target vocal opponents with impunity.
International and local human rights organizations claimed that human rights defenders and activists faced continuing threats–including physical attacks, detention, threats, harassment, and disappearances–by armed groups, both those aligned with and those opposed to the GNA. Many armed groups aligned with the GNA or LNA maintained databases of persons being sought for their alleged opposition activities or due to their identity. Some journalists and human rights activists chose to depart the country during the year rather than remain and endure harassment.
Observers reported that individuals censored themselves in everyday speech. Armed groups reportedly used social media to monitor and target political opponents, incite violence, and engage in hate speech. According to UNSMIL, various news publications and television stations published calls to violence, spread intentionally false news, and permitted ad hominem attacks.
Freedom of Press and Media, Including Online Media: Press freedoms were limited in all forms of media, creating an environment in which virtually no independent media existed. International news agencies reported difficulties obtaining journalist visas, encountered refusals to issue or recognize press cards, and were barred from reporting freely in certain areas, especially eastern cities. UNSMIL documented restrictions imposed by the Foreign Media Department at the Ministry of Foreign Affairs, which seriously affected the operations of journalists in Tripoli.
Violence and Harassment: The international NGO Reporters without Borders reported that all sides used threats and violence to intimidate journalists. Harassment, threats, abductions, violence, and killings made it nearly impossible for media to operate in any meaningful capacity in areas of conflict.
Impunity for attacks on members of media exacerbated the problem, with no monitoring organizations, security forces, or functioning judicial system to constrain or record these attacks.
On January 1, a group of youth activists launched the National Initiative for Peace calling for a ceasefire and were immediately attacked by both LNA- and GNA-affiliated media outlets as “traitors.” Several members received death threats against themselves and their families, and some were arbitrarily detained by LNA forces in Benghazi. Well known blogger and activist Khalid Sakran was among those briefly detained in January. In June he was summoned by LNA military intelligence authorities and held arbitrarily for 11 days before being released after intensive lobbying by UNSMIL and other local and international organizations.
On January 20, the GNA-aligned Special Deterrence Force abducted a Libyan journalist working for al-Wataniya from his office in Tripoli, allegedly for sharing information with the LNA. He was tortured then released in late January.
On January 16, LNA-aligned units set fire to a radio station in Sirte.
In July it was reported that journalist Ismail Abuzreiba al-Zwei was sentenced in May in a Benghazi military court to 15 years in prison for his affiliation with a satellite television channel deemed “hostile” to eastern Libyan interests. Human rights activists said he was tried in a closed hearing without access to his lawyer and sentenced under the country’s 2014 counterterrorism law, which provides for the arrest of civilians for perceived terrorist acts. He is one of possibly dozens of such journalists, activists, and other civilians who have been detained and tried in LNA military courts in recent years. Human rights defenders have voiced concern that the LNA unfairly applied the counterterrorism law to silence dissent.
Censorship or Content Restrictions: Journalists practiced self-censorship due to the lack of security and intimidation. The unstable security situation created hostility towards civilians and journalists associated with opposing armed groups or political factions.
Libel/Slander Laws: The penal code criminalizes a variety of political speech, including speech considered to “insult constitutional and popular authorities” and “publicly insulting the Libyan Arab people.” It and other laws also provide criminal penalties for conviction of defamation and insults to religion. Most reports attributed infringement of free speech to intimidation, harassment, and violence.
National Security: The penal code criminalizes speech considered to “tarnish the [country’s] reputation or undermine confidence in it abroad,” but the GNA did not enforce this provision during the year.
Nongovernmental Impact: Nongovernmental armed groups, terrorist groups, and individual civilians regularly harassed, intimidated, or assaulted journalists.
The GNA generally did not restrict or disrupt access to the internet or widely censor online content. Selective filtering or blocking of access did exist, despite the fact that no reliable public information identified those responsible for censorship. There were reports that GNA-aligned groups monitored private online communications without appropriate legal authority (see section 1.f.).
Facebook pages were regularly hacked by unknown actors or closed due to mass reporting and complaints.
Social media, such as YouTube, Facebook, and Twitter, played a critical role in official and unofficial government and nongovernmental communications. Facebook remained the main platform government officials, ministries, and armed groups used to transmit information to the public. A significant body of evidence suggested that foreign actors sought to influence domestic opinion and incite violence in the country by spreading deliberate misinformation on social media and other platforms.
A large number of bloggers, online journalists, and citizens reported practicing self-censorship due to intimidation by armed groups and the uncertain political situation.
There were no significant government restrictions on academic freedom or cultural events.
Some members of the Tebu minority residing in southern Libya reported their access to higher education was limited as university campuses were located in geographic areas controlled by Arab tribes that routinely harassed or denied freedom of movement to members of the Tebu minority. Universities reportedly did not provide offsite learning alternatives to these Tebu students.
According to Freedom House, teachers and professors faced intimidation by students aligned with nonstate armed groups.
The 2011 Constitutional Declaration provides for a general right to peaceful assembly, and the GNA generally respected this right. The law on guidelines for peaceful demonstrations, however, fails to include relevant assurances and severely restricts the exercise of the right of assembly. The law mandates protesters must inform the government of any planned protest at least 48 hours in advance and provides that the government may notify the organizers that a protest is banned as little as 12 hours before the event.
There were reports of several small public protests in Tripoli and other major cities, in which participants expressed frustration with civilian casualties and fatalities caused by the continuing conflict, lack of public utilities such as electricity, and poor service delivery by the national and municipal governments.
The 2011 Constitutional Declaration includes freedom of association for political and civil society groups. The government lacked capacity, however, to protect freedom of association, and targeted attacks on journalists, activists, and religious figures severely undermined freedom of association.
Civil society organizations (CSOs) are required to register with the GNA-affiliated Civil Society Commission (CSC) in Tripoli if they have activities in the west and with an eastern, parallel “CSC” in Benghazi if they have activities in the east. International and local CSOs report that the Tripoli and Benghazi commissions, along with the Ministry of Foreign Affairs Directorate of International Affairs, are known to sometimes delay or deny their attempts to register or renew registrations, or unduly to scrutinize their activities. Registration obstacles included: 1) ad hoc preapproval processes that required interfacing with formal and informal security forces, 2) restrictions and approvals for routine meetings, 3) inordinately detailed requests for financial and human resource information, and 4) direct harassment in some cases.
In the west, this type of interference was frequently attributed to Nawasi Brigade affiliates working in the Tripoli-based CSC and the Ministry of Foreign Affairs. For example, in July the CSC in Tripoli directed one international CSO seeking to renew its registration to get “preapproval” from a Nawasi Brigade official. In another example, on September 10, the Tripoli-based CSC released an official letter that warned Libyan organizations not to meet with international organizations absent CSC approval, hampering local CSO operations. Threats, including death threats, were made against numerous CSO staff members because of their human rights activities, and several of them believed they were under surveillance by intelligence services; they also reported being unjustly detained for short periods. Numerous activists have sought sanctuary abroad
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The 2011 Constitutional Declaration recognizes freedom of movement, including foreign travel, emigration, and repatriation, although the government has the ability to restrict freedom of movement. The law provides the government with the power to restrict a person’s movement if it views that person as a “threat to public security or stability,” based on the person’s “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.”
In-country Movement: The GNA did not exercise control over internal movement in the west, although GNA-aligned armed groups set up some checkpoints. The LNA established checkpoints in the east and south.
There were reports that armed groups controlling airports within the country conducted random checks on departing domestic and international travelers, including of their personal electronic devices. The country lacked a unified customs and immigration system.
Following the onset of the COVID-19 pandemic, western and eastern authorities as well as local municipalities imposed curfews and restrictions on intercity travel to curb the spread of the virus. International and local aid workers noted that these restrictions had the secondary effect of restricting humanitarian access to communities in need.
Citizenship: The Nationality Law states that citizens may lose citizenship if they obtain a foreign citizenship without receiving permission beforehand from authorities, but there is still no process for obtaining such permission. Authorities may revoke citizenship if it was obtained based on false information, forged documents, or the withholding of relevant information concerning nationality. The state lacked the capacity, however, to investigate the authenticity of citizenship applications.
If a father’s citizenship is revoked, the citizenship of his children is also revoked. The law does not specify if a mother’s citizenship is also revoked in this case. The law does not specify if only minor children are susceptible to losing their nationality in this way or if loss of nationality would apply to adult children as well.
Non-Arab communities were marginalized under the Arab nationalist Qadhafi regime. Qadhafi revoked the citizenship of some inhabitants of the Saharan interior of the country, including minorities, such as the Tebu and Tuareg, after the regime returned the Aouzou strip along the Libya-Chad border to Chad in 1994. As a result there were many nomadic and settled stateless persons in the country. In addition, due to a lack of state control of the southern borders, a large number of irregular migrants of Tebu background entered the country, some of whom reportedly applied for and obtained documents attesting to nationality, including national identification numbers.
Limited access for local and international assistance organizations into areas affected by fighting between rival armed groups and to official and unofficial detention centers within the country hampered efforts to account for and assist the displaced.
As of September, the IOM estimated there were more than 392,000 internally displaced persons (IDPs) in the country. More than half of these IDPs were displaced from the southern Tripoli area alone since April 2019. Following the end of hostilities in southern Tripoli, a slow return of some displaced households commenced in western Libya in July and August; however, the lack of basic services combined with the presence of explosive remnants of war and unexploded ordnance in previously contested areas hindered IDP returns.
IDPs generally resided in rented accommodations or with relatives and other host families. A smaller portion of IDPs lived in schools or other public buildings, in informal camps, shelter facilities, or abandoned buildings.
Most of the 48,000 former residents of the town of Tawergha, near Misrata, who were forcibly displaced after the 2011 revolution for their perceived affiliation with the former regime, remained displaced.
IDPs were vulnerable to abuses. The government struggled to facilitate the safe, voluntary return of IDPs to their place of origin. Due to the lack of adequate laws, policies, or government programs, international organizations and NGOs assisted IDPs to the extent possible in the form of cash payments and provision of health services, including to those with disabilities.
The government cooperated with UNHCR, the IOM, and other international agencies that operated within the country and were allowed to assist refugees and migrants in some geographic areas and facilities across the country. UN agencies monitored and publicly reported on the situation of refugees and migrants in the country, including those in GNA detention centers. During the year international aid organizations provided basic services directly and through local implementing partners to refugees and asylum seekers.
Abuse of Migrants, Refugees, and Stateless Persons: According to UNSMIL and various UN agencies, refugees, asylum seekers, and migrants were routinely subjected to unlawful killings, arbitrary detention, torture, sexual exploitation, and other abuses. Perpetrators included state officials, armed groups, smugglers, traffickers, and criminal gangs.
Conditions in government and extralegal migrant detention facilities included severe overcrowding, insufficient access to toilets and washing facilities, malnourishment, lack of potable water, and spread of communicable diseases (see section 1.c.). Many press reports indicated refugees and migrants were summarily tortured in official and unofficial detention centers. According to numerous press reports, nonstate actors routinely held migrants for ransom payments.
Armed groups and criminal gangs involved in human smuggling activities targeted migrants. Numerous reports during the year suggested that various human smugglers and traffickers had caused the death of migrants. There were limited arrests and no known prosecutions by the GNA during the year of Libyan nationals engaged in trafficking or human smuggling. The GNA did not seriously pursue accountability for the massacre of 30 migrants in Mizda in May (see section 1.a.).
In 2018 UNHCR and the Ministry of Interior began receiving refugees at a new Gathering and Departure Facility (GDF) in Tripoli, intended to host vulnerable refugees while they awaited resettlement. In September 2019, UNSMIL assessed that GDF conditions were overcrowded, contributing to a deteriorating humanitarian situation. In January the deputy director of the Ministry of Interior’s Department to Combat Illegal Migration (DCIM), the state’s migration authority, mobilized hundreds of DCIM guards and Tripoli militia personnel at a site adjacent to the GDF. This militarization of the GDF raised concerns that the facility could be targeted in the continuing Tripoli conflict. UNHCR was forced to suspend its activities at the GDF and negotiated for the evacuation of its residents. According to migrant advocates, numerous other DCIM-affiliated migrant facilities were colocated with or in close proximity to weapons depots and other dual-use sites.
Migrants were exploited for forced labor at the hands of smugglers, traffickers, and GNA-aligned armed groups. There were reports that migrants in some official or informal detention locations were forced to engage in forced labor, such as construction and agricultural work, for no wages. According to international observers, some migrants were also forced to provide services for armed groups, such as carrying and transporting weapons, cooking food, cleaning, and clearing unexploded ordnance. In June reports emerged that some Libyan families had hired migrants to clear debris in mine-contaminated areas of Tripoli, exposing these migrants to potential grave bodily harm.
After the onset of COVID-19, there were numerous reports that migrants, particularly sub-Saharan Africans, were harassed or discriminated against by citizens due to the perception that foreigners were transmitting the virus.
Women refugees and migrants faced especially difficult situations, and international organizations received extensive reports of rape and other sexual violence. Nigerian women and girls were vulnerable to trafficking and were routinely detained in houses in Tripoli and Sebha, a southwestern Libyan city. Migrant women and girls were forced into prostitution in both official and unofficial detention facilities in conditions that sometimes amounted to sexual slavery. Other migrant women reported being harassed when leaving their homes to search for work. Many migrant women who had been abused could not return to their countries of origin for fear of stigmatization. The country lacks legal protections for survivors of sexual violence.
Access to Asylum: The country is not party to the 1951 Refugee Convention or its 1967 Protocol, although the 2011 Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The GNA has not established a system for protecting refugees or asylum seekers. Absent an asylum system, authorities can detain and deport asylum seekers without their having the opportunity to request asylum. The GNA did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits.
Authorities continued to expel migrants and asylum seekers across the country southern borders, and in some areas these activities reportedly increased. In May, UNSMIL noted that at least 1,400 migrants and refugees had been expelled from eastern Libya during the year, contrary to the 2011 Constitutional Declaration. These persons were forcibly deported to Sudan, Chad, Niger, and Somalia.
Due to COVID-19 travel restrictions, refugee resettlement, emergency evacuation, and migrant voluntary humanitarian return flights were temporarily suspended in the second quarter of the year.
Freedom of Movement: Migrants and asylum seekers were generally considered to be illegally present in the country and were subject to fines, detention, and expulsion. Migrants attempting sea crossings on the Mediterranean and who were later intercepted by the Libyan Coast Guard were considered to have violated the law and were often sent to migrant detention facilities in western Libya.
At least 6,000 migrants and asylum seekers were intercepted at sea by the Libyan Coast Guard and returned to the country during the year. UN agencies expressed concern that thousands of these migrants remained unaccounted for after disembarkation and disappeared into informal detention by human-trafficking networks.
Access to Basic Services: Refugees registered with UNHCR may access basic protection and assistance from UNHCR and its partners, but during the year the GNA did not provide refugees with reliable access to health care, education, or other services, given the limitations of its health and education infrastructure.
Libyan national mothers alone are generally unable to transmit citizenship to their children. The law permits female nationals to confer nationality to their children only in certain exceptional circumstances, such as when fathers are unknown, stateless, or of unknown nationality. In contrast, the law provides for automatic transmission of nationality to children born of a Libyan national father, whether the child is born inside or outside of Libya and regardless of the nationality of the mother. There are naturalization provisions for noncitizens.
According to some reports, up to 30 percent of the population in southern Libya are of undetermined legal status, which has fueled discrimination in employment and services. Noncitizens without national identification numbers cannot access basic services; register births, marriages, or deaths; hold certain jobs; receive state salaries; vote; or run for office.
Due to the lack of international monitoring and governmental capacity, there was no comprehensive data on the number of stateless persons.