Libya is a country facing migratory pressure from the south of the country as well as from beyond its own southern borders, characterized by mixed flows of refugees and asylum-seekers as well as people in need of international protection. It is also facing external pressure from Europe to the north, with expectations from the European Union members that the national authorities will contain irregular attempts to cross the Mediterranean. Adding to these external pressures, Libya has been affected by an armed conflict, between April 2019 and October 2020, which further limited its border management capacity. Despite the state of conflict, Libya remains a country of destination and, according to IOM data, hosts nearly 600,000 foreign workers, who are needed to help the economy function. Majority of these are economic migrants, but many are also individuals in need of international protection, of which and 45,000 individuals are asylum-seekers and refugees registered with UNHCR. Although most foreign residents are working, very few hold residence or sojourn permits and hence are working in the informal market economy.
The COVID-19 pandemic hit Libya at a time where social infrastructure was already affected by the armed conflict. As of 11 November 2020, there were over 70,000 registered COVID-19 cases in Libya, with a fatality rate of 1.37%. Mitigating measures, including curfews, restrictions on movement and economic lockdown have seriously impacted livelihood opportunities for asylum-seekers and refugees, increasing their precarity, and risk of negative coping mechanisms and irregular onward movements across the Mediterranean.
As of November 2020, over 316,000 individuals across the country remained displaced due to armed conflict and unrest between April 2019 and October 2020. The 23 October 2020 ceasefire agreement, signed in Geneva between the Tripoli-based Government of National Accord, and the eastern, Tobruk-based authorities and the ensuing Libyan Political Dialogue Forum, under the United Nations Support Mission in Libya’s (UNSMIL) auspices, is giving hope for a lasting peace and economic recovery.
In 2020, the ban on oil production and exports was lifted and the production reached pre-conflict levels (1.3 billion barrels/day). One major challenge, along the withdrawal of foreign mercenaries, will lie with the disarmament, demobilization and integration of armed groups and militias into national law enforcement institutions. Since the demobilization of militias from the western front line in June 2020, various trafficking and smuggling rings resumed activities, leading to a 20% increase in sea crossings compared to 2019 levels, despite successful efforts by the Ministry of Interior (MOI) to dismantle several criminal networks.
In 2020, there has been a noticeable decease in the number of refugees and asylum-seekers detained in official detention centres under the authority of the Department for Combatting Irregular Migration (DCIM) under MOI. As of November 2020, there were 2,040 detained individuals, including 666 people of concern. This decrease is due to the disruption of services as a result of conflict and subsequent lack of capacity in detention centres, combined with the MOI’s decision to close detention centres along the coast, which were permeable to the influence of trafficking networks. The Human Rights chapter of the Berlin Conclusions is calling for ending arbitrary detention and establishing a judicial review process for foreigners in an irregular situation. This echoes long-standing advocacy by UN agencies and provides an opportunity to further engage in a constructive dialogue with the Libyan authorities.
UNHCR continues to face numerous challenges relating to security and administrative matters in Libya. UNHCR does not have a host county agreement in Libya, which complicates and delays visa issuance for international staff, thereby hampering the Office’s operational capacity. Logistic and security constraint further hamper UNHCR’s capacity to deliver.