The Memorandum of Understanding between Italy and Libya on illegal migration, human trafficking, reinforcement of border security, development cooperation, and fuel smuggling was signed in February 2017. The parties of the agreement were the Italian government and the UN-backed Government of National Accord (GNA) in Libya. The agreement aimed to reduce the number of migrants crossing the Mediterranean Sea from Libya to Italy, which had increased significantly in the previous years. Under the agreement, Italy pledged to provide financial and technical assistance to Libya to strengthen its border controls and improve its reception facilities for migrants. Italy also agreed to provide training and equipment to the Libyan coastguard to enable it to intercept and rescue migrants at sea. In exchange, Libya committed to strengthening its efforts to prevent migrants from departing its shores and to improve the conditions of its detention centers, where migrants are held before being returned to their countries of origin.
The agreement has been controversial, with critics arguing that it has led to human rights abuses against migrants, including arbitrary detention, torture, and forced labor. The United Nations, various human rights organizations, and thousands of activists in Europe have called on Italy to stop supporting the Libyan coastguard and to ensure that migrants are not returned to Libya, where they are at risk of human rights violations.
In recent years, the number of migrants crossing the Mediterranean from Libya to Italy has decreased, in part due to the implementation of the agreement. However, the situation in Libya remains unstable, and the conditions for migrants in the country continue to be a source of concern.
After the abolishment of the dictatorial regime of Gaddafi, Libya has been divided between two rival governments: the Government of National Accord (GNA) based in the capital city of Tripoli and recognized by the United Nations, and the Libyan National Army (LNA) based in the eastern city of Tobruk and led by General Khalifa Haftar. The LNA is supported by a parallel government based in eastern Libya, which has established its own institutions and administration. The conflict has been marked by a complex web of alliances involving different regional, tribal, and political groups. External actors, including Egypt, the United Arab Emirates, Turkey, and Russia, have also played a role in the conflict by providing military and diplomatic support to different sides.
In recent years, there have been several attempts to reach a political solution to the conflict. In October 2020, the warring parties signed a ceasefire agreement and agreed to form a new transitional government to lead the country to elections in December 2021. This led to the establishment of the Government of National Unity (GNU) in March 2021, which is tasked with preparing for the elections and unifying the country’s institutions. Despite these efforts, the elections did not take place since the situation in Libya remains fragile, with many challenges to the success of the political process, including the presence of armed groups, the influence of foreign powers, and the ongoing humanitarian crisis caused by the conflict. Immigrants, being one of the most vulnerable groups in the country are the ones facing the humanitarian crises most severely.
Human rights violations against immigrants have been reported by the United Nations and various civil society organizations, and have been widely condemned by the international community in Libya. Some of these human rights abuses can be listed as arbitrary detention, forced labor, torture and ill-treatment, poor living conditions, extortion and trafficking.
Migrants, asylum seekers, and refugees are often arbitrarily detained by Libyan authorities, sometimes for extended periods, without access to due process or legal representation. Many migrants are forced to work in various industries, such as agriculture and construction, without pay and in conditions that can amount to forced labor or slavery. There have been numerous reports of migrants being subjected to torture, including beatings, electric shocks, and sexual violence, while in detention. Migrants in detention centers often live in overcrowded and unsanitary conditions, with limited access to food, water, and medical care, even throughout the COVID-19 pandemic. Migrants are often subjected to extortion by smugglers and traffickers who demand payment for passage or for their release from detention. Some are also trafficked for sexual exploitation or forced labor.
Despite the continuous human rights violations reports, the controversial agreement was renewed in 2020 for three additional years. Following the renewal of the agreement, Italy increased its naval patrols in the Mediterranean to intercept boats carrying migrants and prevent them from reaching Italian shores. Also, Italy and other European countries agreed to support the resettlement of refugees and asylum seekers from Libya, in cooperation with the United Nations and other international organizations. However, the situation in Libya remains complex and volatile, and the ongoing conflict in the country has made it difficult to address the underlying issues that drive irregular migration and human trafficking. Although the Libyan government announced the closure of several migrant detention centers in the country, reports of human rights abuses against migrants in Libya have continued, including reports of torture, forced labor, and extortion.
In October 2022, demonstrations were held in various European cities including Rome, Milan, Naples, Berlin, Barcelona, Madrid, Zurich, and many others for the Italian government to revoke the agreement. The agreement is automatically renewed unless revoked. Protesters demanded putting an end to the indirect involvement in the human rights abuses in Libya toward the immigrants due to the Memorandum of Understanding.
However, these demonstrations could not achieve their goal of ending the agreement and influencing the EU institutions to adopt more welcoming measures for immigrants. In early 2023, the Memorandum of Understanding between Italy and Libya has automatically renewed. Italy is not the only one responsible for the indirect involvement of human rights violations in the Mediterranean Sea. The liabilities in the agreement from the Italian side also include the use of available European funds which makes other European countries indirect contributors to the agreement and consequently, the human rights abuses in Libya toward the immigrants.
Only days after the renewal of the agreement, at least 73 migrants were reported missing on the Libyan coast. According to the UN International Organization for Migration (IOM), there were only seven survivors from the boat carrying around 80 migrants from Libya to Europe. This latest tragedy tolls the number of missing migrants in the Mediterranean Sea to 130 since the beginning of 2023.
By The European Institute for International Law and International Relations.
