Legal Instruments

Statistics and Figures

Bibliography

Libya

This section provides a list of international conventions and regional/bilateral agreements to which each country is a signatory, as well as national legislation that deals with movement, migration, asylum and human rights. Each listing includes a PDF/ link to a publically accessible document of the convention/law mentioned.

International Conventions:

General International Law

Vienna Convention on Consular Relations, 24 April 1963 (entered into force 19 March 1967) 596 U.N.T.S 261.

Ratified 1998

PDF

International Criminal Law

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 2 December 1949 (entered into force 25 July 1951) 96 U.N.T.S. 271.

Ratified 1956

PDF

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984 (entered into force 26 June 1987) 1465 U.N.T.S. 85 [CAT].
Ratified 1989
PDF

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 November 2000) 2241 U.N.T.S. 507 [Palermo Protocol].

Signed 2001, Ratified 2004

PDF

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 December 2000) 2237 U.N.T.S 319 [Palermo Protocol]

Signed 2001, Ratified 2004

PDF

United Nations Convention Against Transnational Organized Crime, 15 November 2000 (entered into force 29 September 2003) 2225 U.N.T.S 209.

Signed 201, Ratified 2004

PDF

Slavery Convention, 25 September 1926 (entered into force 7 July 1955), 60 L.N.T.S. 253.

Ratified 1957
PDF

International Human Rights Law

Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, 1249 U.N.T.S 513 [CEDAW].

Ratified 1989

PDF

Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, 1249 U.N.T.S 513 [CEDAW].

Ratified 1968

PDF

Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 18 December 1990 (1 July 2003) 2220 U.N.T.S. 3 [Migrant Workers Convention].

Ratified 2004

PDF

Convention on the Rights of the Child, 20 November 1989, 1577 U.N.T.S. 3 [CRC].

Ratified 1993

PDF

International Covenant on Civil and Political Rights, 16 December 1966, 999 U.N.T.S. 171 [ICCPR].

Ratified 1970

PDF

International Covenant on Economic, Social and Cultural Rights, 16 December 1966 (entered into force 3 Jan 1976) 993 U.N.T.S. 3 [ICESCR].

Ratified 1970

PDF

Universal Declaration of Human Rights, UN General Assembly Resolution A/RES/217 A (III), 10 December 1948, Art 14. [UDHR].

PDF

International Humanitarian Law/Law of war

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 31 [First Geneva Convention].

Ratified 1956

Link to Conv.

Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 85 [Second Geneva Convention].

Ratified 1956

Link to Conv.

Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 135 [Third Geneva Convention].

Ratified 1956

Link to Conv.

Geneva Convention relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 287 [Fourth Geneva Convention].

Ratified 1956

Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (entered into force Dec. 7, 1978.) 1125 U.N.T.S. 3 [Protocol I].

Ratified 1978

Link to Protocol.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entered into force 7 December 1978) 1125 U.N.T.S. 609 [Protocol II].

Ratified 1978
Link to Protocol

International Labor Law

ILO Convention C 111 Discrimination (Employment and Occupation) Convention (1958).

Ratified 1961

Link to Conv.

ILO Convention C 29 Forced or Compulsory Labour Convention (1932).

Ratified 1961

Link to Conv.

ILO Multilateral Framework on Labour Migration (2005).

Link to Framework

International Refugee Law

Protocol relating to the Status of Refugees, 4 October 1967, 606 U.N.T.S. 267. [Refugee Protocol] Link to Protocol

Regional and Bilateral Agreements:

Regional Convention

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (The Kampala Convention) (2009).
Signed N/A, Ratified 1981
PDF

Social Security Agreement between the States of the Arab Maghreb Union (1991)
PDF_Arabic

Irregular Migration & Readmission Agreements

There are no readmission agreements between the European Union commission and Libya.

Memorandum of Understanding between Italy and Libya (2017)
PDF_Eg

Labor Agreements

Convention on Cooperation in the field of labor between Algeria and Libya (1987)
PDF_Arabic

Agreement on residency and work permit between Libya and Egypt (1990).
PDF_Arabic

Social Security Agreements

Social Security Agreement between the States of the Arab Maghreb Union (1991)
PDF_Arabic

Social Security Agreement between Libya and Algeria (1989)
PDF_Arabic

Other Relevant Agreements

Treaty of Friendship, Partnership, and Cooperation on migration between the Italian Republic and Libya (2008)
PDF_IT

National Legislation:

Nationality Laws

Law No. 18 of 1980 on Libyan nationality
Refworld PDF_Eg

Law No. 6 of 1984 amending portions of the provisions of the Nationality Act law No. 18 of 1980
Refworld PDF_Eg

Law No. 24 for 2010 on the Libyan nationality
Refworld PDF_Eg

Statistics and Figures:

This section provides links to regularly updated sites that provide statistics on migrants and refugees in different countries around the world.

Below are links to various databases that provide statistics and figures relevant to the movement of people in and out of Libya:

The World Bank
WB-Libya

The Displacement Tracking Matrix of the International Organization for Migration
DTM-IOM-Libya

UNFPA Migration Indicator
UNFPA-Migration

Internal Displacement Monitoring Centre
IDMC-Libya

Bibliography

This section includes a comprehensive list of sources and links to journal articles, books, webpages, etc. for each country in the database that address migration and refugee topics within the context of education, health, legal, psychosocial, political, among others. Each listed source includes a brief description of the material and a link.

Migrants:

Link to Researchers

Baldinetti, Anna. "Libya's Refugees, their Places of Exile, and the Shaping of their National Idea." Journal of North African Studies 8 (2003): 72-86. Link to Article

Keyword: exile, Libya, refugees, nationality, colonialism

This article is a preliminary discussion of a larger research project focused on the history of Libyan exiles during the colonial period. The focus on the author here is on the impact of Italian colonialisms on indigenous Libyan society and the reactions of colonialism in neighboring countries, especially Egypt. Essentially, the author argues that Libyan refugees' activities abroad between 1911-1951 can be considered the first nucleus of Libyan nationalism; that through experiences of exile new structures emerged which replaced the traditional ones affiliated with the pre-colonial Ottoman wilaya.

Geddes, Andrew. "Governing Migration from a Distance: Interactions Between Climate, Migration and Security in the South Mediterranean." European Security 24.3 (2015): 473-490. Link to Article

keyword: Climate change, environment, security, South Mediterranean

The Article asses the link between the environment, and the security and migration nexus by assessing the EU's external governance policies in the “South Mediterranean Partner Countries” (SMPCs): Algeria, Egypt, Iraq, Israel, Jordan, Libya, Morocco, Palestine, Syria, and Tunisia. The author argues that, given the data, migration triggered by climate changes interacts with social, economic and political drivers of migration. He further finds that implications of such movements exposes migrants to further risks and more displacement.

Paoletti, Emanuela. "Migration and Foreign Policy: The Case of Libya." Journal of North African Studies 16.2 (2011): 215-231. Link to Article

Keyword: Libya, refugees, nationality, irregular, border crossing, policy

Through an examination of the Libyan migration policy and relates them to the wider regional political arena. Based on interviews conducted with Libyan officials between 2007-2010, the article address the questions involving the changing nature of Libya's migration policies and its border control practices, and the link between migration and Libya's foreign policy.

Shiblak, Abbas. "A Time of Hardship and Agony: Palestinian Refugees in Libya: Human Tragedy of Displaced Palestinians Who Cannot Find Refuge in any Country." Palestine-Israel Journal of Politics, Economics and Culture 2.4 (1995). Link to Article

Keyword: hardship, agony, Palestinian refugees, Libya, tragedy, displacement

This short piece addresses the tragedy of the Palestinian displacement following the 1967 war. It argues that their legal status in the Arab countries where they sought refuge was hinderous to their well being.

Wang, Jie, and Josh Stenberg. Localizing Chinese Migrants in Africa: A Study of the Chinese in Libya before the Civil War 28.1 (2014). Link to Article

Keyword: Africa, Sino-Libyan relations, Chinese labour, Chinese private entrepreneurs, state- owned enterprises (SOEs), migrants

This article discuses the rise of the presence of Chinese migrants in Libya during the last year of Ghaddafi's regime. It reviews states policies, the type of migrants that were present in Libya, their success, and the development of the private sector around them.

Refugees:

Bob-Milliar, George, and Gloria Bob-Milliar. "The Politics of Trans-Saharan Transit Migration in the Maghreb: Ghanaian Migrants in Libya, c.1980 - 2012." African Review of Economics & Finance 5.1 (2013): 60-73. Link to Article

Keyword: trans-Saharan, transit, migration, Maghreb, Ghanaian, migrants, Libya

This article questions whether Libya is a destination or transit country given that many migrants moved back to their countries of origin following 2011. The authors argues that Libya plays different roles for different migrants. Libya is a destination country for many, and a transit for few.

Fiddian-Qasmiyeh, Elena. "Invisible Refugees and/or Overlapping Refugeedom? Protecting Sahrawis and Palestinians Displaced by the 2011 Libyan Uprising." International Journal of Refugee Law 24.2 (2012): 263-93. Link to Article

Keyword: refugees, Sahrawis, Palestinian, Libyan uprising, Libya

This article sheds the light on the implications of the Libyan 2011 uprisings on the Sahrawis and Palestinians. The authors observes that the challenges these two populations face, and the response to them on part of the international community highlights interconnected issues on both practical and conceptual levels. Given their experiences and background, the article examines whether the two groups can be considered 'refugees,' if UNHCR and UNRWA provides protection for them, and explores the protection gap that exists for them.

Hamood, Sara. African Transit Migration through Libya to Europe: The Human Cost. Cairo: The American University in Cairo, 2006. Link to PDF

Keyword: Africa, migration, transit, irregularity, irregular migration, human cost, protection, legal, policy

This report examines the experiences of refugees, asylum seekers and migrants passing through Libya en route to the EU and notion of protection from a legal perspective and as understood by refugees and asylum seekers themselves; it also tracks the journeys of the populations originating from Egypt, Sudan and the Horn of Africa, to EU. Finally, it outlines and analyzes the cooperation between the EU and Libya on migration issues.

Williams, Rhodri C. "Dispossession and Displacement in Libya." Forced Migration Review 39 (2012): 15. Link to Article

Keyword: dispossession, displacement, Libya

This report briefly discusses the issues facing Internally Displaced Persons in Libya arguing that in most cases IDPs face significant insecurity of tenure in their current locations, whether within their towns or away from their place of origin.

Young, Helen, Abdalmonium Osman, and Rebecca Dale. "Darfurian Livelihoods and Libya: Trade, Migration, and Remittance Flows in Times of Conflict and Crisis." International Migration Review 41.4 (2007): 826-849. Link to Article

Keyword: Darfur, Darfurians, livelihoods, Libya, trade, migration, remittance, conflict, crisis, Kufra

Given the importance of the historical trade and migration links between Darfur and Libya, this articles provides a background to the political and economic situation in Libya that has impacted opportunities for Sudanese migrant workers by focusing on the migration patterns and remittance flows of the Darfurian migrants in Kufra, Southern Libya, as a case study. The paper argues that recent changes in the Libyan context have not been favorable for the Darfurian migrants in Libya.

Statelessness:

UN High Commissioner for Refugees. "Global Action Plan to End Statelessness." UN High Commissioner for Refugees (2014). Link to Article

Keyword: born, gender, protection, documentation

“To End Statelessness within 10 years, the Global Action Plan to End Statelessness: 2014-2024 establishes a guiding framework of 10 Actions to be undertaken by States with the support of UNHCR and other stakeholders to: resolve existing major situations of statelessness, prevent new cases of statelessness from emerging and better identity and protect stateless populations.”

Van Waas, Laura. “The Stateless Tebu of Libya?” Tilburg Law School Research Paper 10(2013) Link to Article

Keyword: Tebu, Libya, nationality, citizenship, statelessness

“A product of the Middle East and North Africa Nationality and Statelessness Research Project, this report explores the situation of the Tebu minority in Libya. A traditionally nomadic Saharan tribe which has long inhabited an area straddling the borders of present-day Libya, Chad and Niger. It is a widely reported fact that the Tebu have long suffered from persecution and oppression in Libya. There is now also ambiguity surrounding the legal status of many Tebu people and concern that legal and political developments in the country during and after Gadaffi's rule may have left some of the Tebu without any nationality. This report draws together available information on the Tebu's nationality status to look at how statelessness may be affecting this group. It also includes a detailed interview with a member of the Tebu National Assembly who explains his perspective on the Tebu's situation.”