Adala For All Calls on the UN Human Rights Council to Establish a Commission of Inquiry into Systematic Violations in Libya

Paris, 6 April 2025 – Adala For All association expresses its deep concern and unequivocal condemnation of the recent decision to suspend the operations of international organisations in Libya. On 2 April, during a press conference in Tripoli, the Libyan Internal Security Agency (ISA) announced—without any judicial process—the suspension of several international organisations, including the UNHCR. This decision was justified under the pretext of safeguarding national security and countering an alleged “resettlement campaign.”

The ISA accused these organisations of attempting to “settle migrants of African origin in Libya,” describing this as a “hostile act” aimed at altering the demographic composition of the country and threatening its social fabric. Adala For All views these actions as repressive and a flagrant violation of fundamental freedoms, particularly the rights to freedom of association and peaceful assembly. These developments reflect the continued shrinking of civic space in the country.

Escalation and widespread targeting of civil society by the Internal Security Agency

Libya is witnessing a renewed and alarming escalation in the suppression of civic space and basic freedoms. The ISA has intensified its systematic targeting of civil society actors, including activists, journalists, and human rights defenders. These violations include arbitrary arrests, enforced disappearances, torture, and suspicious deaths in custody, all occurring with complete impunity.

In recent weeks, Libyan staff of international humanitarian organisations have also been targeted. According to the ISA’s own statements, affected organisations include the International Rescue Committee, Norwegian Refugee Council, International Medical Corps, Danish Refugee Council, Médecins Sans Frontières (France), CARE (Germany), and Cesvi (Italy). These organisations, officially registered with the Civil Society Commission and operating with the knowledge of the Libyan authorities, provide essential humanitarian assistance to refugees and irregular migrants awaiting deportation to third countries or voluntary return to their countries of origin.

Despite this, Libyan staff were subjected to harassment, interrogations, passport confiscation, and forced to sign declarations prohibiting future employment with international organisations. Moreover, the ISA unilaterally shut down the offices of these INGOs, without judicial orders, violating both Libya’s Constitutional Declaration and Article 22 of the International Covenant on Civil and Political Rights (ICCPR), which Libya ratified in 1970.

These actions represent a serious breach of international obligations and a blatant violation of the right to freedom of association. Adala For All calls on Libyan authorities to fulfil their duty to protect rights, conduct independent investigations, hold perpetrators accountable, and ensure redress for victims.

Systematic Violations Against Migrants and Refugees

During the same 2 April press conference, the ISA reiterated unsubstantiated allegations that international organisations are engaged in a deliberate effort to “resettle irregular migrants” in Libya, with the aim of altering the country’s demographic makeup.

Adala For All underscores the dire and well-documented situation of migrants and refugees in Libya. These individuals face widespread and systematic abuses, including arbitrary detention, forced labour, extortion, torture, sexual violence, and enforced disappearance. Many are held in inhumane conditions in both official and unofficial detention centres, without access to legal protection or asylum procedures. This leaves them vulnerable to exploitation and violence with no legal recourse.

Moreover, numerous migrants have been forcibly returned to Libyan shores from the high seas by the Libyan Coast Guard under the framework of a 2017 Memorandum of Understanding between Italy and the Government of National Accord. Despite strong international criticism over the brutal practices carried out under this agreement, often by armed groups with known human rights abuses, it remains in force. These inhumane returns continue today with the complicity of Italian authorities.

Ongoing crackdown on organisations and inhumane treatment of migrants fleeing conflict and poverty

The ISA bears direct responsibility for obstructing humanitarian assistance and perpetuating these violations. Its conduct also echoes xenophobic and racist rhetoric promoted by certain extremist factions in Europe, which target minorities and migrants while fueling Islamophobia, similarly to how they have previously endorsed anti-Semitism in Europe.

Adala For All emphasises that the Libyan authorities are legally and morally obligated, under both international law and the Libyan Constitutional Declaration, to guarantee personal safety, access to justice, and respect for human dignity and fundamental rights. Rather than criminalising civil society and persecuting migrants, the authorities must act as protectors of human rights.

The ongoing clampdown on organisations and the mistreatment of migrants fleeing conflict and poverty represent grave breaches of Libya’s obligations under the ICCPR and the African Charter on Human and Peoples’ Rights. Libyan state institutions must cease to function as tools of repression and instead uphold the rule of law, protect freedoms, and combat impunity.

Recommendations

To the UN Human Rights Council:

• Establish an international commission of inquiry to investigate grave and systematic violations in Libya, including those committed against judges, lawyers, civil society actors, political activists, human rights defenders, and migrants.

To the Libyan Authorities:

Uphold the rights to freedom of association, organisation, and expression in accordance with Articles 19 and 22 of the ICCPR.

• Adhere to legal safeguards established in the Libyan Criminal Procedure Code and Constitutional Declaration, ensuring fair treatment during arrest, detention, and legal proceedings.

• End arbitrary arrests and the closure of NGOs without judicial oversight.

• Repeal repressive laws and decrees, including Law No. 19 of 2001 and the executive regulations issued in 2016, 2019, and 2023, which contravene both domestic and international legal frameworks.

• Guarantee protection for humanitarian workers, journalists, and human rights defenders from threats or reprisals.

  Protect the Rights of Migrants and Refugees:

• Immediately cease arbitrary detention and ensure that any facilities comply with the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

• Respect the principle of non-refoulement and prohibit mass expulsions or returns to countries where individuals risk persecution or ill-treatment.

• Facilitate access for UN agencies and specialised NGOs to detention facilities to provide legal, medical, and humanitarian support.

Reform the Internal Security Agency:

• Place the ISA under independent judicial oversight and ensure it does not overstep its mandate or target civil society.

• Establish a formal complaint mechanism accessible to victims of ISA abuses.

• Train security personnel in line with Libya’s international human rights obligations and the UN standards governing arrest, detention, and the use of force.