Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Situations of forced labour arising from the armed conflict. Trafficking of migrant workers. The Committee previously noted the various reports from several United Nations (UN) bodies concerning the grave crisis faced by the country. It noted in particular the report on the investigation by the Office of the UN High Commissioner for Human Rights on Libya of 15 February 2016, which indicated that migrants have been arbitrarily detained or deprived of their liberty, frequently in inhumane conditions, and subjected to financial exploitation and forced labour. In this regard, the UN High Commissioner for Human Rights recommended that the Government address urgently the situation of migrants and take effective action to combat human trafficking (A/HRC/31/47, paragraphs 61 and 83(j)). The Committee also noted the UN Security Council Resolution 2240 of October 2015, which condemned all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermined further the process of stabilization of Libya and endangered the lives of thousands of people (S/RES/2240 (2015)).

The Committee notes the Government’s indication in its report that the legal framework that ensures the prosecution of perpetrators of trafficking in persons, includes the Penal Code and the Criminal Procedure Act. In addition, a Bill on combating trafficking in persons is being drafted. The Government also refers to the future establishment of an Anti-Trafficking Committee that will be in charge of drafting a national action plan to combat trafficking.

The Committee observes that according to the Report of the United Nations Support Mission in Libya (UNSMIL), Libya is a destination and transit country for migrants. Many suffer human rights violations and abuses in the course of their journeys. After interception by armed men believed to be from the Libyan Coast Guard, migrants are taken to detention centres or private houses and farms where they are subjected to arbitrary detention, sexual exploitation and forced labour. They are forced to work in farms, as well as in construction and as domestic workers, road-paving workers and rubbish collectors (Detained and Dehumanised: Report on Human Rights Abuses against Migrants in Libya, 13 September 2016, UN Support Mission in Libya Office of the UN High Commissioner for Human Rights, pages 1 and 18). Moreover, the Committee notes that in its resolution 2388 of 2017, the UN Security Council expressed concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organized crime and terrorist networks in Libya (S/RES/2388). The Committee must express its deep concern at the situation of migrant workers in Libya who are subjected to forced labour practices, including trafficking in persons.While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that migrant workers who are subjected to forced labour are fully protected from abusive practices. The Committee also recalls the importance of imposing appropriate criminal penalties on perpetrators so that recourse to trafficking or forced labour does not go unpunished. In this regard, the Committee requests the Government to take the necessary measures to ensure that perpetrators are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice. Lastly, the Committee hopes that the Bill on combating trafficking in persons will be adopted soon and that the Government will provide a copy, once adopted.

The Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.