Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 29) sur le travail forcé, 1930 - Libye (Ratification: 1961)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons, and arbitrary detention leading to the forced labour of migrants. Following its previous comments, the Committee notes the Government’s information, in its report, that the draft Law on combating human trafficking has been prepared. The Committee observes with regret, however, that the Government provides no information on any measures taken to protect migrant workers from forced labour, including trafficking in persons.

The Committee notes that the United Nations Independent Fact-Finding Mission on Libya, in its final report of 3 March 2023, expressed deep concern over the country’s deteriorating human rights situation and found reasonable grounds to believe that, since 2016, migrants across Libya are victims of enslavement and sexual violence committed in connection with their arbitrary detention, including in cases of alleged trafficking and deprivation of liberty for ransom in connection with smuggling and trafficking. The Fact-Finding Mission found reasonable grounds to believe that migrants were enslaved in detention centres of the Directorate for Combating Illegal Migration – the official body under the Ministry of the Interior responsible for migrant detention centres across Libya – in Abu Salim, Zawiyah and Mabani, as well as in places of detention in al-Shwarif, Bani Walid, Sabratah, Zuwarah and Sabha, and that sexual slavery was committed in the trafficking hubs of Sabratah and Bani Walid. The report of the Fact-Finding Mission further reveals that the ongoing, systematic and widespread character of the documented crimes strongly suggests that personnel and officials of state institutions – more particularly the Directorate for Combating Illegal Migration, the Libyan Coast Guard and the Stability Support Apparatus (established in January 2021 by the Presidential Council and made up of an alliance of armed groups) – are not only implicated at all levels, but have colluded with traffickers and smugglers, who are reportedly connected to militia groups, in the context of the interception and deprivation of liberty of migrants. Among other things, trafficking, enslavement, forced labour and imprisonment have generated significant revenue for individuals, groups and state institutions (A/HRC/52/83).

Moreover, according to the May 2023 Report of the United Nations Special Rapporteur on violence against women and girls, its causes and consequences, the climate of impunity for rape and other sexual violence against migrant and refugee women and girls, coupled with the lack of female guards or safeguards, including regular independent unannounced monitoring or compliance mechanisms, create an environment in which women and girls in detention are vulnerable to sexual violence and exploitation. They have no recourse to justice or redress and are subjected to systematic and large-scale violations of their fundamental human rights at the hands of armed groups, smugglers and traffickers, individuals and institutions affiliated with the State and within the community. Such violations include abduction for ransom, sexual exploitation, forced prostitution, trafficking in persons, forced labour and exploitation. Impunity for these acts continues to be rampant (A/HRC/53/36/Add.2).

Similarly, according to the report of the Secretary-General of 8 August 2024 on the United Nations Support Mission in Libya (UNSMIL), human rights violations against migrants and refugees, in particular those in detention, continued to occur, UNSMIL having received reports of migrants and asylum-seekers being arbitrarily arrested and detained in abhorrent conditions in Bi’r al-Ghanam, with guards engaging in persistent patterns of abuse, exploitation, forced labour, extortion, torture and other forms of ill-treatment, and of serious human rights abuses against migrants and refugees arbitrarily detained in a facility used for human trafficking near Sabha. The Secretary-General urged the Libyan authorities to adopt a comprehensive legal and policy framework on migration that prioritizes the human rights, dignity and well-being of migrants, refugees and asylum seekers, and addresses the issues of decriminalization of irregular entry, exit and stay, non-custodial measures as alternatives to detention and increased protection from arbitrary detention, forced labour, slavery and trafficking in persons (S/2024/598).

The Committee deplores the situation of migrants who are intercepted, arbitrarily detained and subjected to forced labour practices, including trafficking and sexual slavery, which continues to be of serious concern. Furthermore, the Committee is deeply concerned about the reports of complicity by the Libyan authorities. It considers that this constitutes a gross violation of the Convention, since the victims are forced to perform work for which they have not offered themselves voluntarily, under extremely harsh conditions, combined with ill-treatment which may include torture and death, as well as sexual exploitation.

While the Committee notes the complex institutional, political and security situation prevailing in the country, it urges the Government to take urgent and systematic action, commensurate in scope to the gravity of the problem, to combat and end the arbitrary detention and exploitation of migrants and prevent them from being subjected to forced labour, trafficking in persons and sexual exploitation. It further requests the Government to take immediate measures for the protection and assistance of victims, including through voluntary repatriation and reintegration.

Recalling that Article 25 of the Convention provides that the imposition of forced labour shall be punishable by penalties that are strictly enforced, the Committee requests the Government to take the necessary measures to ensure that in-depth investigations are undertaken, alleged perpetrators are prosecuted, including complicit state officials and members of armed groups, and sufficiently dissuasive sanctions imposed on those who exact any form of forced labour. It requests the Government to provide information on the progress made in this regard and the results achieved.

Lastly, the Committee requests the Government to provide information on the measures taken to combat trafficking in persons and protect the victims. It urges the Government to ensure that the Bill on combating trafficking in persons is adopted shortly and requests the Government to provide a copy.

In light of the situation described above, the Committee deplores the grave and systematic human rights violations against migrants and refugees in Libya, who are arbitrarily detained in centres managed by both official and unofficial entities and where they are subjected to enslavement, forced labour and sexual slavery, with near-total impunity for the perpetrators. The Committee also expresses deep concern about the reports of complicity and active collusion by Libyan authorities with traffickers and militia groups, who are exploiting and profiting from these abuses. The Committee therefore considers that this case meets the criteria set out in paragraph 90 of its General Report to be asked to come before the Conference.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 113th Session and to reply in full to the present comments in 2025.]