Policies And Legislatives Reforms Program 1

The policies and legislations related to the democratic transition and human rights Libya

مُتاح أيضًا بـ: العربية (Arabic)

I-The policies and legislations related to the democratic transition in Tunisia  

The Libyan-Libyan conflict which has an international support and a direct international intervention, always has led to block the paths of the dialogue. It is an obstacle that always remains on the table of the Libyan file as the fear from returning backwards prevails permanently. This issue requires learning the lessons of the recent past in order to guarantee the continuation of the new political path since the start of 2020

The Libyan file: A dialogue is between political setbacks and armed confrontations

Libya has witnessed several paths of dialogues and they are all similar in terms of the closeness in reaching agreements which are capable of ending the conflict and resuming the democratic transition, but they end quickly in renewing the armed and political conflicts.

Hence, it is necessary to mention the levels of the Libyan dialogue until today, and the most important agreements and failures would be highlighted:

29 2014 September

A meeting of the participating and boycotting members of the House of Representativesin Ghadames with the participation of (12 + 12).

05 October 2014

Resuming the session of dialogue among the participating and boycotting representatives in Tripoli with the presence of Ban Ki-moon

06 November 2014

he Constitutional Circuit of the Supreme Court ruled with the invalidity of the suggestions of the February Committee.

14 Jan 2015

Resuming the sessions of dialogue in the Palace of Nations in Geneva.

26 Jan 2015

Resuming the second round of the dialogue in Geneva with the absence of the General National Conference

11 FEV 2015

The dialogue returns to Ghadames with the participation of the representatives of the General Conference.

20 FEV 2015

The UN Mission announces the resumption of the sessions of dialogue in Morocco

05 MARCH 2015

The Resumption of the dialogue in Skhirat with the participation of the House of Representatives, the General Conference and individuals.

10 March 2015

The launch of the process of dialogue for the representatives of parties, leaders and political activists in Algeria.

20 March 2015

he resumption of the dialogue of Skhirat and the participants agree on the need to form a unified government.

23 March 2015

The representatives of the municipal and local councils gather in Brussels.

13 April 2015

The leaders and activists resume their second meeting in Algeria.

15 April 2015

The representatives of the main parties and individuals gather in Skhirat.

21 April 2015

The launch of the process of dialogue for women and the participants stress the continuation of the dialogue.

23 April 2015

The representatives of the municipal and local councils gather in Brussels.

03 jun 2015

The representatives, leaders and activists gather for the 3rd time in Algeria

09 JUN 2015

A broad participation in the 5th round of the dialogue in Skhirat

10 Jun 2015

The participants of the dialogue gather with the representatives of the international community in Berlin to push the process of dialogue.

12 Jun2015

he parties of the dialogue sign by initials (with the first letters), the 5th draft of the fifth political agreement ( the 4th is amended ) and the General National Conference rejects the sign and boycotts the round.

10 August 2015

The dialogue returns to Geneva with a broad participation after the return National Conference and the participants agree on moving to form a national unified government.

26 August 2015

The resumption of the process for women and the participants confirm their commitment to dialogue.

27 August 2015

The return to Skhirat to discuss forming the government and the annexes of the political agreement.

01 September 2015

Lion meets representatives from the Conference in Istanbul to discuss the ways to move forward in the process of dialogue.

03 September 2015

The return of the dialogue in Geneva again with a broad participation to confirm forming the Government of National Accord.

08 October 2015

Lion announces the formation of thal Sarraje proposed Government of National Accord headed by Fayez
The 6th of December of 2015: The rivals gather in Tunisia and sign an agreement of principles.

06 December 2015

Signing the Skhirat agreement in Morocco under the auspices of the UN.

17 December 2015

Kobler suggests 5 governing principles concerning the Libyan political agreement.

03 Jan 2016

A delegation from some members of the House of Representatives, Shikhs and notables from the East reached Tripoli to support the dialogue and national reconciliation.

03 Jan 2016

A delegation from some members of the House of Representatives, Shikhs and notables from the East reached Tripoli to support the dialogue and national reconciliation.

04 Jan 2016

Kobler says that the political agreement is not opened to renegotiation.

19 Jan 2016

The Presidential Council reveals the formation of the Government of National Accord.

31 Jan 2016

A meeting between Sarraj and Khalifa Haftar in Al Marj to search for the formation of the new government.

01 Fev 2016

The House of Representatives delayed a session which was scheduled to amend the constitutional declaration for one day due to the disagreement concerning the priorities of the agenda, in addition to a lack of a quorum.

03 Feb 2016

he General Conference withdraws 10 representatives who signed the Skhirat agreement.

08 feb 2016

The Presidential council asks the House of Representatives to extend the deadline for presenting the formation of the Government of National Accord that was decided to be announced.

13 feb 2016

The members of dialogue declared that the talks reached a deadlock.

15 Feb 2016

The Skhirat declaration concerning the formation of the Government of National Accord.

21 Feb 2016

A new postponement of the Parliament’s session devoted to voting on the Government of National Accord.

24 Feb 2016

100 MPs confirms their support to the GNA

10 March 2016

The two parties of the dialogue who represent the General National Congress and the House of Representatives declare that they reached a national code of honor under the name of “ the Libyan National Agreement”

31 March 2016

The arrival of Al Sarraj to Tripoli amid local satisfaction, congratulations and international greetings.

02 April 2016

Aguila Saleh says that he wouldn’t be bowed for any threat and he isn’t against the GNA, “but it should pass through the House of the Representatives”.

05 April 2016

A Turkish mediation to convince the most prominent opponents against the presidential council.

06 April 2016

Members from the General Congress receive its tasks to the presidential council which declares the constitutional amendment and elects Abdulrahman Al Suihly as a president.

25 April 2016

The House of Representatives held “ a consultative session” with the presence of Aguila Saleh and 70 other representatives to discuss the works of the (6+6) committee that is responsible for finding a solution to solve the problem of voting for granting confidence to the GNA.

28 April 2016

The Speaker of the House of Representatives receives the draft of the constitution which was approved by the Constituent Assembly in its headquarter in Al Bayda.

28 April 2016

The members of the political dialogue demand the presidential council and the House of Representatives to fulfill their obligations.

02 May 2016

The Libya House of Representatives refers the draft of the constitution to the legislative committee for examining, reviewing and giving an opinion.

12 July 2016

The Speaker of the parliament hopes that the meeting of the parties of the dialogue in Tunisia would lead to a real reconciliation.

06 Aout 2016

The formation of a mini team from the dialogue’s committee to communicate with the Parliament.

13 Aout 2016

Signing in Tunisia a reconciliation agreement between Misrata and Tawergha.

12 October 2016

The launch of the Forum of National Political Dialogue in Jakharrad.

12 November 2016

The members of the dialogue in Valletta, the capital of Malta, demand all the parties to not resort to violence to settle their political disagreements

13 Desember 2016

A meeting of 40 persons in Cairo proposes amending the committee of the dialogue and reconsidering article No.8 of the political agreement.

12 Jan 2017

A meeting of members of the Libyan Dialogue Committee at Ghadames airport to discuss the obstacles of the process of the political agreement.

27 Jan 2017

Members of the dialogue’s committee reach 6 suggestions to amend the political agreement..

17 Feb 2017

The issuance of Cairo statement with the declaration of reaching common grounds from 4 steps. The formation of a joint committee from the members of the House of representatives and State with a maximum of 15 members from each council to consider the issues that was previously approved to be amended in the political agreement. The House of Representatives made the necessary constitutional amendments to ensure the Skhirat agreement in the constitutional declaration. Holding a presidential and parliamentary elections in a deadline on February of 2018 The continuation of the tasks of all persons in the fundamental positions till the new president and parliament assume their duties.

20 Feb 2017

The Foreign Ministers of Tunisia, Algera, Egypt and with the presence of the president of the republic, Beji Caid Essebsi in Carthage, signed the Ministerial declaration in Tunisia for a comprehensive political settlement in Libya.

17 Sep 2017

Despite the attempts to bridge the gap, Haftar declares the ending of the Skhirat agreement after the two year deadline for forming an elected government.

20 Sep 2017

Paris agreement:

29 May 2018

Abu Dhabi conference

March 2019

Abu Dhabi conference

04 April 2019

The attack of the forces of the General Command led by Khalifa Haftar in Tripoli.

12 November 2019

Palermo conference in Italy.

19 Jan 2020

Berlin conference

04 Jun 2020

The forces of GNA announces control over Tripoli.

Within this complicated and long path, the international, regional and local factors participated in blocking the paths of the Libya/Libyan dialogue. Whenever the control of one party in Libya increases or decreases, the international party moves to support it. While the role of the neighboring countries remains relatively limited, despite the joint diplomatic endeavours to unify the efforts.

The waar continued in Libya till 2020 The forces of the General Command Forces led by General Hafter, couldn’t enter to the capital and under an international pressure, they started to withdraw from their positions, especially after the balances changed after the control of the forces of GNA in Tripoli on the 6th of June of 2020, as Sirte has become due to the change in the military map, the turning point between two forces. This issue has given the chance to restore the political path, despite the sensitivity and impacts of the armed conflict which caused divisions inside the Libyan community.

The Berlin Conference has become the reference for the Libyan political path according to a plan which was prepared in the German capital, where the UN Mission was able to obtain a decision from the Security Council to adopt the Berlin outcomes as a basic framework for dialogue paths in Libya on the three levels (military – economic – and political).

 

After the ceasefire was established through the Berlin Conference, the neighboring regional countries to Libya moved to move the wheel of initiatives through which they try to restore the movement of the political dialogue from these initiatives, the most important of which is (the Cairo Declaration), which states the following:

  • Emphasizing the unity, integrity and independence of the Libyan territories, and respecting all international efforts and initiatives and Security Council resolutions, in addition to the commitment of all parties to a ceasefire as of the 8th of June of 2020.


  • The initiative is based on the outcomes of the Berlin conference, which resulted in a comprehensive political solution that includes clear implementation steps (political, security and economic paths), the respect for human rights, and benefiting from the conference’s outcomes concerning the agreements of the leaders of the relevant countries with the Libyan crisis.


  • The completion of the work of the path of the joint military committee  (5 + 5) in Geneva, under the auspices of the United Nations. The United Nations and the international community has to oblige all foreign parties to withdraw all the foreign mercenaries from all Libyan lands, dismantle militias and hand over their weapons. So that the armed forces, in cooperation with the security bodies, could carry out their responsibilities, and the Military and security tasks in the country.

In the same context, after Aguila Saleh announced the complete military ceasefire operations, the Presidential Council of the Libyan Government of National Accord announced on Friday, the 21th of  August of 2020, instructions to all its military forces, in which it ordered an immediate ceasefire in all Libyan lands. Aguila Saleh, the Speaker of the Tobruk Parliament, in turn, said that the ceasefire makes Sirte a temporary headquarter for the new presidential council, and a police force from various regions would secure it.

This declaration is considered as the first step for the two parties in the conflict in Libya to return to the political path . This is what practically happened after that in the meeting of Aguila Saleh, the Speaker of Parliament in Tobruk and Khaled al-Mishri, President of the Supreme Council of State in  Abu Zenika in Morocco on August 8, 2020. As there were understandings between the two Libyan delegations in the Moroccan city of Bouznika, regarding the thorny issues in the crisis.

The Libyan parties have agreed on the post of the governor of the Central Bank and the distribution of the seven sovereign positions equally, which opens the door to restructuring the Presidency Council.

This is a very big step to be added to the course of the Libyan dialogue since it was suspended last year due to the war that broke out in April / April 2020.

In the midst of the vigorous efforts led by several local and international parties to end the crisis of closing the Libyan ports and oil fields in the center and east of the country.  The Vice President of the Presidency Council,Ahmed Maiteeq, blew a surprise by announcing that an agreement had been reached with the retired Major General Khalifa Haftar to restore production.

The agreement was announced by Maiteeq

in a statement on September 18, 2020, and included several items, most notably the formation of a committee to manage oil revenues which was rejected by the National Oil Corporation. And  the Central Bank distanced itself from the Maiteeq

agreement, denying its link to any understanding about the distribution of oil revenues.

In a related context, the Commander of the Western Military Region, Major General Osama Jouili, expressed his rejection of the agreement, calling on the Presidential Council and the Representatives to take a clear situation towards it. On the contrary, Ahmed Al Mesmary, the spokesman of Haftar, congratulates the agreement. And that confirms the continuation of the pressure of the armed balances, the chaos of weapons in Libya which could be able to disrupt the political path in Libya.

2.The chaos of weapons in Libya : 

Before the important military transformation with the Al-Wefaq forces taking control of the capital, Tripoli, the UN mission had expressed its grave concern about the continued flow of weapons to the two parties to the conflict in Libya.

Despite the changing balances, weapons still exist in light of the division of the military establishment and the spread of armed groups.

The estimates of the UN indicated that the number of weapons in Libya reached:

0
million items of all kinds

Weapons in Libya vary among light, medium and heavy, and the above-mentioned number has not been recorded in any other country during the past forty years.

In this regard, the United States of America has sought, through direct dialogues with the parties since June and July of 2020, to find appropriate ways to integrate armed groups, reduce the chaos of weapons in Libya and disarm others.

This is aimed at ensuring that there is no rejection by armed groups of any possible future political solution.

The report carried the United Nations military forces of the Government of National Accord the responsibility of 5% of the victims. And added that the party who targeted 14% of the victims wasn’t revealed, pointing out that the entire death toll represents an overall increase of 45% of the losses among civilians that were documented, compared to the previous period In the last quarter of 2019.


However, the change in Tripoli contributed to pushing the ceasefire, despite some irregular violations.

This was done by two separate and simultaneous statements of the Presidential Council of the Government of National Accord (internationally recognized) and the House of Representatives (Tobruk) which is loyal to Field Marshal Khalifa Haftar. These statements were broadcasted by the Libyan News Agency (Wall). .

However, at the same level, the division of institutions and the lack of clarity of their structure, especially at the level of the ministries of defense and the interior, and the weakness of the judiciary and its continuous targeting, pose serious problems for strengthening the unity of the state and restoring its prestige, due to the continued presence of armed and paramilitary groups.

The report indicated that the General Command forces had caused:

3.The epidemiological, social and economic crisis in Libya New influencing elemen:

Hundreds of Libyans gathered in the capital, Tripoli, on the evening of Sunday, August 24, 2020, where they demonstrated to protest against the deterioration of living conditions, the spread of corruption, the interruption of services such as electricity and water, and the long waiting in front of gas stations in the country that has been witnessing armed conflicts for years.

The protesters also gathered in front of the headquarters of the unity government before turning to Martyrs’ Square in central Tripoli and chanting poems such as “Libya!

Libya!” And “ no for corruption”.

Large demonstrations also took place in Misrata and Al-Zawiya on August 23, 2020, and a new popular movement was organized, namely the “People’s Movement 23/8” or “ the Movement of the Youth’s Spirit 8/23”, on August 23, 2020, protests to criticize the authorities in the east And the West because of the living conditions.

Demonstrators complained of power cuts that could last for up to three days, and demanded social justice and elections.

The demonstrations also began on August 24, 2020, in the cities of Zliten and Al-Khums, east of Tripoli, and in “Sebha and Ubari” in the south.

It is reported that the slogans of the demonstrators showed anger at the money and wages of the members of the armed groups in light of the living conditions of the Libyans.

This reflects a deep crisis in which weapons have become an economic and social solution for many.

At this level, the economic and social crisis has become an element of a solution after it confirmed the slow political and military track’s separation from the concerns of the Libyans, and its indulgence in the private interests of the conflicting parties locally and internationally.

Among the political dimensions of the demonstrations was a statement by the Moroccoan tribe of young people, which emphasized its rejection of political figures in the East.

The statement was issued on September 20, 2020, and the statement affirmed their support for the path of the UN mission to resolve the Libyan crisis, “which was launched in Geneva to reach a political settlement that achieves stability and peace in Libya.”

 This tribe is considered one of the balanced tribes in the east regarding its size and the role of some of its members in the first stage of the transformations in Libya until the year 2013.

The social movement with an economic and living background represented an outlet for pressure and transformation in the Libyan scene.

It is noteworthy that other tribes, such as the Almoravid tribe, announced their support for Aguila Saleh as a political representative, which troubled Field Marshal Khalifa Haftar.

As for the epidemiological situation, and with the increase in the number of new cases of the Coronavirus in Libya, medics and health system officials in the country warned that the pandemic poses a serious risk.

Ahmed Al-Hassi, spokesman for the government medical committee which is responsible for combating the virus in eastern Libya, said during August of 2020, that the public needs to take the necessary precautions, otherwise the medical personnel which suffer from a lack of resources would be “unable to cover” the needs.

For his part, Rick Brennan, the Director of Emergency of the World Health Organization in the Middle East, said that the agency faced serious logistical obstacles in Libya, including “major challenges in bringing in supplies for personal protection and checks.”

With the sharp decline in living standards, many people face difficulty in bearing even a few expenses, including what is needed to buy masks.

The health system in Libya is experiencing a retreat and a decline in the level of services due to the lack of security and the struggle of the parties over power. Hospitals and medical facilities are no longer able to provide the necessary health care to citizens due to the lack of equipment, equipment, as well as medical supplies.

The Libyans complain about the weakness of the medical service provided in light of the severe shortage of medical and paramedical staff, in addition to the continuous breakdown of devices due to the absence of maintenance and renewal of spare parts, which prompted them to travel to neighboring countries, especially Tunisia, Egypt, Jordan and Turkey to receive the necessary treatment and care despite their expensive costs.

In addition to the above, Libyans complains from the rooted corruption in the health sector, especially thatthe funds that were allocated to combat the crisis of Corona have been manipulated. This includes the incident related to members of the Military Medicine Authority, where officials proceeded to pass financial transactions in violation of the applicable laws and regulations, as well as approving and disbursing funds without the corresponding work on the ground in projects of health isolation centers within the municipalities of Nalut, Zintan and Zwara.

This was confirmed by the Accounting Office in the Government of National Accord.

Travel bans were issued against Muhammad al-Haytham and 6 other members of the agency, namely Liwa Omar Huwaidi, Director General of the Military Medicine Authority, Muhammad Hussein Salem, the Director of Projects Department in the Agency, Ammar Mansour al-Taeb, the Financial Supervisor, and engineers in the Projects Department, Abdul Hakim Salem Attiyah and Adnan Al-Bashti.


“There is a new millionaire every day in Libya, the middle class is shrinking day after day, and the political class in Libya has a great deal of corruption, and there are those who reap huge fortunes from positions that are invested outside Libya, and what we see in Libya is unfortunate.

They steal the  public money and then invest it abroad,

the resigned UN envoy to Libya, Ghassan Salama

Despite the many difficulties, it seems that the Libyan scene is heading towards strengthening the political track.

Acting Head of the United Nations Support Mission in Libya Stephanie Williams announced that Tunisia would host the broadened and comprehensive Libyan Political Dialogue Forum, in early November of 2020.

And that the forum aims to achieve a unified vision about the governance arrangements that would lead to elections in the shortest time frame, adding that the participants in the Libyan Political Dialogue Forum would be chosen from the various main components of the people on the condition that they do not assume any executive positions later. She pointed out that the forum will be held according to a mixed format due to the pandemic of Corona so that there are sessions via video call and others directly,


The Libyan scenario remains open due to the open crises on all levels.

This actually requires a united Libyan will in this direction to prevent penetration of the Libyan interest, even temporarily, from breaching international balances.

It is noticeable that the openness of other files between European countries and Turkey, and the changes in the American role in an attempt to influence important presidential elections, have moved the Libyan military and political files.

Also, the health status is a sword over the necks of the Libyans, added to the always open rifles.

II) The development of policies and legislations related to human rights:

The Universal Periodic Review (UPR) reported an explicit assertion of the total failure to implement recommendations regarding the human rights situation in Libya since 2015.Violations of the right to demonstrate were the most prominent element during the monitoring period, especially after the peaceful social protests that took place in several Libyan cities throughout August and September. Outlawed or undisciplined armed groups were the source of these violations.The degree of division within the authorities in western Libya caused mismanagement of the demonstrations and the demands of the Libyan people.In eastern Libya, the file is without effective follow-up by the existing authorities.

1. Assaults against protesters:

Security practices could be examined, and armed groups’ exploitation of the weakness of civilian authority, and most of them could be located according to the balance between the political leaders who support them.It also became clear that the authorities’ interaction was ineffective for the peaceful demonstrators.Large demonstrations began in Tripoli, Misrata, and Al-Zawiya on August 23, 2020, and a new popular movement was organized, the “People’s Movement 23/8” or “ the Movement of Youth’s Spirit 8/23” on August 23 to protest against the authorities in the East and West because of the living conditions that “Unbearable”.Demonstrations also began on August 24 in the cities of Zliten and Al-Khums, east of Tripoli, and in Sebha and Ubari in the south.

Human Rights Watch interviewed 19 people about the demonstrations and the violent response to them, including protesters, relatives, and friends of protesters, journalists, lawyers, and activists.It documented 24 cases of arbitrary detention between 23 and 29 August 2020, and many of them were released, and pictures and videos of the security forces using excessive force were spread on top of social media platforms.Witnesses who took part in a demonstration said that the demonstrations in Tripoli and elsewhere were largely peaceful.Armed groups in Tripoli and associated with the Government of National Accord responded, by forcibly gathering protesters and detaining them in initially undisclosed locations, and since August 24, 2020, armed groups have quietly released detainees, and the current number of protesters who were detained in Tripoli is still unknown.Relatives and friends of two of the released protesters, who were held for at least four days in a prison at the Maitika military base in Tripoli, also stated that the two men reported being repeatedly beaten and forcing them to sign pledges not to participate in future demonstrations.The prison is managed by the Special Deterrence Force led by Khaled al-Bunni.Three witnesses indicated that Liwa al-Nawasi, which controls the Martyrs Square, was primarily responsible for using machine guns and heavy weapons to disperse the demonstrators and arbitrarily arrest the demonstrators on August 23, 2020, and the following days.Two demonstrators confirmed that the police officers present in Martyrs Square did not intervene to protect them.A video posted on Facebook on August 23, 2020, shows armed groups using heavy weapons and machine guns to disperse the demonstrators in the presence of police cars parked in the square and none of their accompanying members moved to protect the protesters in any way.

2. Institutional instability: The power of armed groups in the field : 

On August 26, 2020, the “Presidential Council” of the Government of National Accord imposed a four-day curfew, citing the outbreak of the “Coronavirus.

He extended the curfew for 10 days on August 30, 2020, and banned the curfew outside from 9 pm to 6 am, which the demonstrators interpreted as an attempt to prevent them from demonstrating and they often ignored it.

Despite the above, popular demonstrations continued in Benghazi, following which the activist “Rabi` al-Arabi”, whose friends confirmed that they had lost contact with him, was arrested since his participation in the “Friday of Saving Libya from Corruption and Corrupt” demonstration called by young Benghazi activists.

One of the witnesses to the arrest said that people got out of a black car with dark windows and without license plates, and went towards the activist Rabie al-Arabi, and spoke with him, before they drove him to the car, and then to an unknown destination.

The activists added that the Ministry of Interior in the Interim Government granted the organizers of the demonstration a permit allowing them to demonstrate, but they were surprised when they arrived at the demonstration square in military cars and others without plates and military and security elements deployed in the place, and that some people sheltering in these elements tried to provoke the demonstrators, calling the life of the commander in chief Field Marshal Khalifa Haftar.

Security bodies which are affiliated to the General Command forces in the East are considered, among them the anti-phenomenon Body and the anti-terrorism Body, which are made up of armed intervention persons, responsible for launching a widespread campaign of arrests in more than one city, chiefly Benghazi, during the period of demonstrations.

While the Nawasi Brigade and the Deterrence Forces in western Libya are primarily responsible for suppressing demonstrators.

Eyewitnesses reported that the Nawasi Brigade sent armed cars to the Shatt Road in Tripoli and followed the demonstrators.

Although the President of the Presidency Council, Fayez Al-Sarraj, announced his coordination with the Office of the Attorney General for the immediate release of all those not involved in acts of sabotage of public and private property.

In a statement, the president also announced that he would take the necessary legal measures to investigate any violations that occurred against the demonstrators and any injuries that resulted from that.

Although the Public Prosecutor announced the arrest of those who were accused of assaulting the demonstrators, their identities, or the course of the investigation, were not announced.

This requires the judicial authorities to take care to avoid politicization and to submit to the pressure of armed groups to impose law enforcement.

3.Immigrants, refugees and asylum seekers : 

The United Nations High Commissioner for Human Rights said that the Libyan Coast Guard (affiliated with Fayez Al-Sarraj) continued to violate the rights of illegal immigrants in the Mediterranean.

The Commission stated that the “Coast Guard” continues to return boats to the shores from where they originated, and arrest migrants who are intercepted in arbitrary detention facilities where they face horrific conditions, including torture, ill-treatment, sexual violence, lack of health care and other human rights violations. .
The UNHCR indicated that these overcrowded facilities are undoubtedly at risk of spreading Covid-19 on the largest possible scale, calling for the stop of all operations to seize boats and return them to Libya, reaffirming the need for states to always comply with their obligations under international human rights law and refugee law.

In a briefing from Geneva, UNHCR spokesperson Robert Colville expressed grave concern over reports that the Maltese authorities have asked merchant ships to push boats carrying distressed migrants to the deep sea.

The UNHCR also expressed concern that humanitarian search and rescue vessels, which usually patrol the central Mediterranean region, have been prevented from supporting the afflicted migrants, at a time when the number of people trying to make this perilous voyage from Libya to Europe has increased.

On April 15, 2020, UNHCR said that the United Nations Support Mission in Libya had verified the return of a ship carrying 51 migrants and asylum seekers, including 8 women and 3 children, to Libya on a private Maltese boat after it had pulled them out of Maltese waters.The Libyan authorities sent migrants to Sikka prison, and during the six days they spent at sea, five people died and seven others were missing, presumably drowned.

The agency also referred to allegations that the relevant maritime rescue coordination centers did not respond to the distress calls they received or that they ignored them.

Despite the proportional decline in migration operations due to the Corona pandemic, smuggling gangs have resumed their activities from the Libyan coast.

The Bloomberg Agency report stated that nearly 900 illegal immigrants set off from the Libyan shores from 14 to 28 May 2020, heading to the coasts of Europe and 679 of them were intercepted and returned to Libya, while the rest managed to escape and reach the other bank of the Mediterranean.
Since the outbreak of the Corona crisis, most humanitarian rescue ships, such as the “Ocean Viking” and “Sea Watch”, have suspended rescue activities for migrants in the Mediterranean.The measures to combat the pandemic have also led to the closure of borders and airports in various countries of the world, which prompted UNHCR and the International Organization for Migration to suspend all resettlement flights.But months later, during June 2020, these organizations resumed their humanitarian activities. The period of relative decline to the borders of April came after a significant increase compared to the same period last year.

0
The percentage of the Increase in attempts to migrate
0 %
The number of attempts to migrate from the Libyan coast

In the largest toll of migrants who drowned on the Libyan coast, 45 people, including children, were missing while trying to flee from Libya. About 82 migrants on a boat towards European coasts,the boat’s engine exploded and the boat capsized, leaving behind 45 drowned people, including 5 children.


Before the disaster, the “alarm phone” group had received a warning that a boat was sailing on Sunday, August 15, 2020, from the Libyan coast, and confirmed in a tweet on Twitter that it had informed “all the authorities” concerned that there were migrants in need of help, after the engine of their boat exploded.

However, it appears that the appeals of the NGOs were not heard.

“Italy, Malta and Europe, the responsibility for the drowning of people lies with you,” the organization added, sternly.

During May and August of 2020:

0 persons
tried to cross the Meditrannean The source: InfoMigrants

On September 15, 2020, the Greek coast guard announced that three immigrants, a woman and two children, died on Monday evening, when their boat sank off the eastern coast of Crete, while 53 others who were accompanied by them were rescued.In a related context, media outlets reported that at least 24 migrants drowned or were lost after their boat capsized in the Mediterranean near Libya.

In this accident, 17 Egyptian immigrants died, others were detained by smuggling gangs, whose number is estimated at 15.The gangs demanded that they receive money in exchange for their release.
On the other hand, security coordination continues between Libya and the northern Mediterranean.Both Malta and Libya decided to establish “coordination centers” in Tripoli and Valletta, to enhance ways of confronting illegal immigration across the Mediterranean. These centers would be established in the capitals of the two countries, with funding from Malta.This is to “provide the necessary support to confront illegal immigration in Libya and the Mediterranean.”

Despite these efforts, the problem remains persistent regarding immigration detention centers, which represent a real breakthrough in the legal, human rights and institutional system in Libya, as they continue to exist, taking advantage of the existing network of social, political and military relations. It represented a real threat to migrants during the health epidemic.

Which called the Secretary-General of the United Nations to close it.

0 migrants and refugees
in official detention centers / The source: UN envoy briefing

Both the High Commissioner for Refugees and the International Organization for Migration estimate the number of official detention centers in Libya to be more than 33 centers. And  the UN calls to close migrant detention centers come at a time when Libya is struggling to deal with the Corona pandemic with poor capabilities and a dilapidated health sector, which exposes migrants and asylum seekers to the risk of infection. With the epidemic, regarding the overcrowding of detention centers, the state of laxity, the lack of sanitation and facilities, and the lack of the most basic humanitarian services and medical care.

On the other hand, migrants and asylum seekers lived a terrifying and bloody nightmare for an entire year, which lasted until July 2020, when the bombing of their detention centers was affecting their detention centers, amid confrontations between the Government of National Accord forces and the Libyan National Army forces led by Khalifa Haftar.

At the time, the Office of the High Commissioner for Human Rights indicated that the failure to transfer detainees from areas near possible military targets or not to transfer military targets which are located near a detention center is a war crime and violations of international law obligations calling for taking all possible measures to protect civilians from the effects of potential attacks.

According to international reports, the reasons for prolonging the detention of immigrants in detention centers are due to understandings between human smuggling gangs and some security personnel, coast guards and armed groups, in order to arrange transport routes, determine the required date and number, and prepare the necessary fishing boats and inflatable rafts.The Semi-Final report of the Democratic Transition and Human Rights Center (DAAM) and its papers on this file, described the detention centers that are outside official statistics, and their contribution to the violation of human rights in Libya.

4. Mass graves: A battle from the relic of battles : 

After the end of the confrontations in Tripoli, the International Criminal Court announced the start of an investigation into the mass graves that were found in several areas, after Libyan government demands and widespread international condemnation, but the humanitarian aspect in them is still absent.


In the city of Tarhuna alone, southeast of Tripoli, alone, 11 mass graves were found, containing the remains of dozens of dead people, some of them civilians, according to a statement by the Ministry of Foreign Affairs in the Government of National Accord in mid-August / August 2020. The Public Authority for Search and Identification of the Missing, a government body, was published. A National Accord affiliated with, on its Facebook account, photos of exhuming bodies that it said were buried in a mass grave on a farm.

The commission confirmed that ten bodies were recovered despite the discovery of “tampering” with them, following up that it “appreciates the burning of people for their missing sons, but they have to help specialists, instead of trying to extract the bodies themselves.”


Several media outlets close to the Government of National Accord reported that the majority of the dead were residents of the city.

These sources blamed the al-Kani militia or the Kaniyat militia, a militia loyal to Khalifa Haftar, whose leaders were killed weeks earlier in the military operations.

.In 2017, this militia was known for its wide-spread killing, and was linked in its beginnings with the reconciliation government, but the two parties’ relationship worsened before Khalifa Haftar announced his campaign to control Tripoli

5.The freedom of press in Libya:

According to the latest statistics of Missioners Without Borders for this year, Libya ranked 162 in the global index of press freedom, and the organization explained that the decline in Libya’s ranking is caused by the political and security instability that the country has been experiencing for years, and the armed conflicts and wars that accompanied it, have been reflected. This negatively affected the lives of journalists, and led to the killing of a number of them, in addition to their arbitrary arrest.It did not remain in the lowest position in this global index, over the past years, it ranked 164th in 2019, and 162nd in 2018, and the index measures the state of press freedom in 180 countries around the world.

6. The enforced disappearance :

A year after the disappearance of lawyer and activist Siham Sergewa, her fate remains unknown. On the 17th of July 2020, the United Nations Mission issued a statement in this regard. . The monitoring period has witnessed during the health crisis in the country, the disappearance of a doctor in Benghazi who criticized the authorities’ handling of the epidemic. The contact was lost with Dr. Muhammad Ajram, an ophthalmologist in Benghazi, on March 30, 2020, after he criticized the Al-Hadath channel, loyal to General Khalifa Haftar, of the eastern region authorities for their mismanagement and handling of the Corona crisis. The doctor asked about the 300 million dinars which were allocated to the Ministry of Health, while the simplest supplies were not provided, including the sambles tests strip analysis , which could be provided with a small amount.

However, after the interview, he posted on his Facebook account, “ the people of the country are the ones who destroy it!” Let us convey the word of truth, and do not fear in God the blame of anyone. Then he revealed that he had been interrogated, and was informed that he had been summoned by the so-called “chief of staff” of Haftar’s militia, Abdul Razzaq Al-Nazouri, before contact with him was permanently cut off, according to close associates. The Red Cross report confirms that Libya tops the global blacklist of cases of enforced disappearance. In a report on the occasion of the International Day of Forced Disappearance The Committee stated that “conflict and migration are the two main factors behind the number of disappearances in Libya, and that the number of disappeared persons in Libya has reached more than

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The conflict continues in the institutions overseeing the media after the controversy over Al-Sarraj’s appointment of “Muhammad Ba’ayo” as head of the Libyan Media Authority. And in accordance with Resolution No. (597) of the Presidency of the Government of National Accord, the Libyan Media Foundation was established, which has a legal personality and independent financial responsibility and is affiliated with the Council of Ministers of the GNA,and its main headquarters is in Tripoli.

The decision grants the institution to implement the plans and general policy of the state in the field of media, and it has in particular the following:

Later, the GNA president’s decision to appoint Ba’ayu came to reveal the fragility of the decision-making mechanisms and its institutions.

Several influential parties, especially the Tripoli revolutionaries, have refused due to differences over financial appropriations in the Ministry of Information and the sharing of influence between armed groups and their loyalists.

7.Clampdown on civil society:

The legal framework regulating association work and Libyan civil society remains deficient. In the Universal Periodic Review of the human rights situation in 2015, Libya pledged a series of reforms mainly related to changing the legal system inherited from the Gaddafi era. But the reality of the situation confirmed a complete failure in this path, leading to the periodic review of the year 2020, which is to be held during the month of November. One of the laws in force since before the revolution in Libya is Law No. 19 regarding the reorganization of NGOs issued in 2001 and its executive regulations issued by General People’s Congress Secretariat Decision No. 73 of 2002 and its annexes. The Libyan Civil Society Commission also issued regulations for local and international civil society organizations. These provisions are currently in effect, which have led to restrictions on freedom of association. The Decision of the Presidency Council of the Government of National Accord No. (286) of 2019 issued on 7/3/2019 regarding the adoption of the regulations for the work of the Civil Society Commission, came to increase the size of restrictions on civil work. It could be seen that the work of the Commission focuses on connecting civil society with its branches all the way to the center. The commission’s publication referred to this aspect, as all associations must deal with branch offices and report all their activities.

This generalization reflects the rules of the used regulations, which stipulate the prior notification requirement for the commission to obtain a license to start work, and it should also obtain prior permission to open a bank account. The Commission also has the power to freeze the association’s account. It is authorized to dissolve the association at the discretion of the commission alone. In addition to focusing the pre-licensing system on association procedures, the regulations do not stipulate the role of the judiciary in monitoring the work of the commission. Today, the commission is considered a bureaucracy with wide powers that is able to disrupt the citizenship initiative to engage in civil work, due to the lengthy procedures and the lack of reasonable deadlines for its responses. It reflects a fear of civil society activity, especially in light of the institutional division and the Libyan political conflict. The aforementioned Commission’s decision stipulated obtaining prior authorization to request funds, in addition to setting a deadline for international organizations to submit their financial reports, or that they would face dissolution and prevention of work.

Recommendations

  • The need to accelerate structural reform in state institutions and unify them, especially those of the ministries of defense and the interior, and to define the functional responsibility and hierarchical peace that would determine the source of decisions and their implementers, in order to avoid the interference of armed and paramilitary organizations, which must be dissolved.


    • The necessity of ending the presence of weapons outside the framework of the state as a major reason for hindering national reconciliation and standing behind organized crime, human smuggling and trafficking.


    • Accelerating the political process to reach new elections and a unified national government that guarantees the unity of Libya as a state and a people.


    • Conducting comprehensive reconciliations between the Libyan tribes to end the killings with the aim of revenge under the names of “Awliya al-Dam”.

      And work to exchange the bodies of the dead and prisoners.


    • Launching an actual war on corruption in official institutions and networks of financial and armed influence, especially in the Ministry of Information and Health, which is one of the main institutions in managing the political and health crisis in the country.


    • Strengthening the local authority as the most capable of managing the health crisis near citizens and examining their immediate needs.


    • Reforming the judicial system and end the practices of pressure and murder against workers in the judicial sector, and end the control of the executive authority over the Public Prosecution Office.


  • Closing detention centers, releasing detainees, and establishing a clear and integrated legal framework that respects human rights principles and principles.


    • Determining the authorities directly responsible for dealing with the migrant file, instead of multiple interfering in this field.


    • Ending the enforced disappearances and uncovering the fate of the disappeared to this day,


    • The need to support the documentation of previous cases of enforced disappearance, uncover those responsible and bring them to justice.


    • Working to stop attempts to control the media and censor social networking sites.

       
    • Ensuring the independence of the Libyan Media Foundation and take it out from under the supervision of the executive authority.


    • Reforming the media sector and supporting emerging and independent media institutions while supporting local media in the logic of the interior and the south of Libya.


    • Exposing the crimes of mass graves, holding those responsible accountable, removing them from political deliberation over them and using them as pressure papers on the Libyan parties in the negotiations.


    • Ensuring the right to demonstrate and detering armed and paramilitary groups from attacking demonstrators, and holding accountable those responsible for the attacks that followed the demonstrations in August  and September of 2020.


مُتاح أيضًا بـ: العربية (Arabic)

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