Need for a proper UNHCR presence in Libya

As Malta continues to do its utmost to assist to the best of its ability and means all those requiring help as a result of the Libyan conflict, concern remains over the plight of the many migrants, mainly of African origin, who are believed to be still stranded there.

Hundreds of thousands of migrant workers and also people with international protection needs have fled Libya to neighbouring countries over the course of the crisis. Still, the UN High Commissioner for Refugees estimates that many other third country nationals, perhaps tens of thousands, may still be in Tripoli and other areas. In fact, the UNHCR appealed to all sides of the conflict in Libya to ensure that such people are properly protected from harm.

The UNHCR is right in insisting that humanitarian law prevails even through the bloody uprising in Libya and that foreigners, including refugees and migrant workers, are properly protected from harm. In concentrating on such efforts, the UNHCR is inspired, mainly, by its fundamental protection mission. Moreover, the institution knows that now is the right time to start seeking a much better voice and presence in Libya than it has done to date.

For many years, the protection climate in North Africa has been affected by the movement of mixed groups of people, particularly from sub-Saharan Africa. In their majority, these people seek better economic opportunities. But there are also those in need of international protection.

Many of these people have been ending in Libya, or passing through the country, in their effort to find a better future according to their needs and aspirations. Yet, over the years, the UNHCR’s operational protection parameters in Libya were limited because although it is a state party to the Organisation of African Unity’s 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, it did not ratify the 1951 Refugee Convention and its 1967 protocol. Moreover, in 2010, the UNHCR received instructions from the Libyan government to close its office and cease its activities there. Since then, the UNHCR sought future operational arrangements in Libya and discussions were still ongoing.

Considering the enormous challenges and endless list of tasks the new leadership in Libya will have to face in the coming months and, possibly, years, it is obviously too early to expect the Libyan Administration to quickly move towards ratifying the Geneva Refugee Convention without making certain reservations dictated by prudence.

National security concerns and other difficulties related to third country nationals movements might present major challenges. Nonetheless, the UNHCR could and should start working to ensure a renewed, even if intermediate, presence in Libya aimed at adequate access to asylum procedures and protection headed and guaranteed by the High Commission itself under its mandate.

The road ahead can also be inspired by a determination to do everything possible to stop having so many third nationals in Libya risking their lives on makeshift boats in their search for international protection. There have already been too many agonising disappearances and deaths in the Mediterranean.

The UNHCR and the new Libyan leadership deserve the assurance of all countries truly appreciative of the value of human life and the importance of human rights – including Malta and Italy, which are so engaged in continued efforts to save lives from the cruel sea – that they will be more than willing to support and assist them to give birth to a proper, efficient and effective UNHCR protection presence and operational parameters in Libya.