Libya Crimes Watch (LCW), the World Organization Against Torture (OMCT), and the Defender Center for Human Rights (CHRDA) strongly condemn the mass expulsion of migrants, refugees, and asylum seekers from the Libyan border town of Musaid. On 31 May 2023 disturbing images emerged on social media of about 3000 Egyptian migrants being shuffled across the borders from Musaid a Libyan town situated roughly 5 kilometres from the Libya-Egypt border in a collective expulsion operation of migrants and refugees. This situation once again raises ongoing concerns related to the serious human rights violations facing migrants, and refugees in Libya without access to any forms of protection.
The mass deportations follow the incident that occurred on 29 May 2023 where a 14-year-old child died in crossfire between the Libyan Arab Armed Forces’(LAAF) Border Guard and smugglers suspected of transporting substantial quantities of illegal narcotics through the town of Musaid. The minor who was riding in the vehicle with the smugglers was shot dead when border forces opened fire on the vehicle. Consequently, retaliatory attacks by a local tribe, reportedly related to the deceased minor, escalated the situation into severe armed confrontations resulting in the burning down of the Border Guard Battalion headquarters in Musaid. In response, security, and military forces under LAAF were deployed to Musaid on May 31 with the aim to raid the human trafficking hubs and illicit narcotics storage sites. During the raids on the traffickers’ warehouses and homes, a significant number of migrants from various nationalities including Egyptians, Sudanese, and Bangladeshi among others were found locked inside.
Shockingly, following the release survivors from the trafficking hubs, LAAF expelled approximately 3,000 Egyptians to the borders. These victims were compelled to traverse extensive distances on foot and were transported in excessively crowded vehicles to the borders without any support. Over 1,000 other survivors from other nationalities were returned to detention centres and security headquarters. The survivors were returned to overcrowded DCIM facilities that are known for their degrading living conditions where inhumane practices of torture are prevalent. Others were detained at Al-Najda Security building and the Criminal Investigation Department in Tobruk City.
LAAF have been implicated in many instances of expulsion and exploitation of migrants across the southern and eastern borders of Libya for years, evidencing their connection to networks of human trafficking and smuggling.
LAAF’s execution of mass expulsion operations constitute a serious breach of Libya’s international obligations, in addition to other human rights outlined in the 2011 Libyan Constitutional Declaration. The prohibition of inhumane expulsion is an international customary norm and is also enshrined in the 1951 Refugee Convention. Despite Libya not having ratified the convention, the Libyan state is duty-bound to extend protection to people on the move, refugees, and migrants within its territory, adhering to the common international standards. Under international law, migrants subjected to return procedures have an inherent right to be treated with respect and dignity, a principle that mass expulsion violate. This is crucial for victims of human trafficking, who necessitate special protection to mitigate their unique vulnerabilities. The Libyan state has an obligation to uphold the protection of life, requiring the implementation of protective measures for individuals within its territory and jurisdiction. The right to personal security encompasses protection against the deliberate infliction of bodily or psychological harm, ensures respect and humane treatment by security forces, and preserves human dignity. Consequently, the inhumane mass expulsion of migrants executed through Musaid constitutes a violation of International Human Rights Law. Mass expulsions bear a direct and detrimental impact on the physical and psychological well-being of migrants, and may amount to torture, considering that survivors were coerced to traverse lengthy distances on foot in an open desert-like area. These actions of the Libyan state not only defy the standards set forth in the ICESCR, but they also flout the core tenets of humanity and the dignified treatment of persons under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which Libya had ratified.
The Organizations urgently call on the Libyan and Egyptian authorities to conduct a thorough investigation into these videotaped abuses. Those responsible must be held accountable, while further investigating the ongoing abuse of refugees and migrants at the hands of criminal gangs including traffickers and hold those responsible for crimes against migrants and refugees accountable. We urge both governments to prioritize the protection of migrants and refugees’ rights, including upholding the right to asylum, the protection from forced returns, preventing forced mass deportations, respecting due process within return operations. Finally, the organizations call on the ICC to immediately launch a formal investigation into crimes committed against refugees and migrants in Libya amounting to crimes against humanity.
For media inquiries or further information, please contact:
Defender Center for Human Rights (CHRDA)
Info@defendercenter.org
Libya Crimes Watch (LCW)
Info@lcw.ngo
The World Organization Against Torture (OMCT)
info@omct.org
