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Libya

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The 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.”

The country continued to serve as the primary departure point for migrants crossing the Mediterranean from North Africa, with more than 90 percent of those crossing the Mediterranean irregularly leaving from Libya. As of November 22, more than 168,000 migrants arrived in Italy per UNSMIL, with 4,164 migrants dying at sea. Boats were heavily overloaded, and there was a high risk of being lost or capsizing. For example, on October 5, 28 migrants suffocated on a boat off the Libyan coast that was carrying more than 1,000 migrants.

Abuse of Migrants, Refugees, and Stateless Persons: Some refugees and migrants faced abuse, principally arbitrary detention, but also killings and gender-based violence. Instability in the country and lack of government oversight made human trafficking profitable. Conditions on boats departing for Europe were poor, and human smugglers abandoned many migrants in international waters with insufficient food and water. Migrants reported some human smugglers were Libyan nationals, but officials did little to curb the departures or hold smugglers accountable for crimes against migrants.

In-country Movement: The government did not exercise control over in-country movement, although the LNA established checkpoints targeting extremist movements around Benghazi and Derna.

Militias effectively controlled regional movements through armed checkpoints. Militia checkpoints and those imposed by Da’esh, Ansar al-Sharia, and other extremist organizations impeded movement within the country and, in some areas, prohibited women from moving freely without a male escort.

There were also multiple reports of women who could not depart from western Libyan airports controlled by pro-GNA militias due to a lack of a “male guardian,” which is not a legal requirement in the country.

INTERNALLY DISPLACED PERSONS

In August the IOM estimated there were 348,372 internally displaced persons (IDPs) in the country. Most of the Libyans displaced were from Sirte or Benghazi.

Limited access to towns affected by fighting between rival armed groups hampered efforts to account for and assist the displaced.

Approximately 40,000 members of the Tawarghan community remained displaced, the largest single IDP population. Because Tawargha served as a base for Qadhafi forces during the revolution, Misratan militias attacked the town following the fall of the regime in 2011, compelling all inhabitants, largely descendants of former slaves of sub-Saharan African origins, to leave their homes. During the year UNSMIL, with the help of the EU, sponsored talks between Misratans and Tawarghans to facilitate the return of Tawarghans to their homes. At year’s end there was no resolution on their return to Tawargha.

On January 9, unidentified forces fired at least four rockets at two IDP camps in Benghazi, according to HRW.

IDPs continued to be vulnerable to abuses. The government was unable to promote adequately the safe, voluntary return or resettlement of IDPs. Due to the lack of adequate laws, policies, or government programs, international organizations and NGOs assisted them to the extent possible in view of the security environment.

PROTECTION OF REFUGEES

The IOM estimated that approximately 277,000 migrants and refugees traversed the country throughout the year, with the majority of migrants originating from Niger, Egypt, Chad, Ghana, and Sudan. UNHCR has registered approximately 38,000 refugees and asylum seekers in the country.

During the year UNHCR, the International Committee of the Red Cross, and the IOM provided basic services through local NGO implementing partners to refugees and asylum seekers. Despite safety and security vulnerabilities, humanitarian organizations enjoyed relatively good access, with the exception of Derna and Sirte.

There were reports that hundreds to thousands of sub-Saharan Africans entered the country illegally through the porous southern borders. Treatment of detained migrants depended upon their country of origin and the offense for which authorities held them (authorities held some for having improper documents and others for having committed crimes). Migrants and refugees faced abduction, extortion, violent crime, and other abuses, exacerbated by entrenched racism and xenophobia. Government-affiliated and nongovernment militias regularly held refugees and asylum seekers in detention centers alongside criminals or in separate detention centers under conditions that did not meet international standards.

On July 1, an AI report documented rampant sexual violence, abuse, and exploitation of migrants and refugees by traffickers, and criminal gangs. These human rights abuses occurred at unofficial and official detention centers and at the hands of Libyan coast guard and immigration officers.

Access to Asylum: Libya is not party to the 1951 refugee convention or the 1967 protocol, although the Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The government did not establish a system for providing protection to refugees or asylum seekers. Absent an asylum system, authorities could detain and deport asylum seekers without their having the opportunity to request refugee status. The government allows only seven nationalities to register as refugees with UNHCR: Syrians, Palestinians, Iraqis, Somalis, Sudanese (Darfuris), Ethiopians (Oromo), and Eritreans. The government did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits.

Access to Basic Services: Refugees registered with UNHCR can access basic protection and assistance from UNHCR and its partners; however, during the year the government apparatus, whose health and education infrastructure is limited, did not grant refugees universal access to healthcare, education, or other services.

STATELESS PERSONS

By law children derive citizenship only from a citizen father. Citizen mothers alone were unable to transmit citizenship to their children, but there are naturalization provisions for noncitizens. The law permits female nationals to confer nationality to their children in certain circumstances, such as when fathers are unknown, stateless, of unknown nationality, or do not establish filiation.

The Qadhafi regime revoked the citizenship of some inhabitants of the Saharan interior of the country, including many Tebu and some Tuareg, after the regime returned the Aouzou strip to Chad. As a result many nomadic and settled stateless persons lived in the country. Due to the lack of international monitoring, observers could not verify the current number of stateless persons.

Without citizenship stateless persons are unable to obtain legal employment. The government did not take action to alleviate the difficulties of stateless persons.

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The Lessons of 1989: Freedom and Our Future