Human Rights Council Fifty-second session
Summary
The present paper contains the detailed findings of the Independent Fact-Finding Mission on Libya, and it is presented at the 52nd session of the Human Rights Council. It is focused on the exploitation of migrants and repression of dissent in Libya since 2016.
The Mission found reasonable grounds to believe that the exploitation of migrants entailed violations of international human rights law and international humanitarian law and the commission of crimes against humanity. Furthermore, the smuggling, trafficking, enslavement, forced labour, imprisonment, and extortion of migrants generated significant revenue for individuals, armed groups, and State institutions. State affiliated entities in Libya received technical, logistical, and monetary support from the European Union and its member States for inter alia the interception and return of migrants to Libya.
The repression of dissent was manifest in cases involving violations of the rights to the fundamental freedoms of expression, association, assembly, and belief. Persons were inter alia arbitrarily detained, killed, tortured, and subjected to sexual and gender-based violence for their expression of divergent political, religious, and social views and norms, including their opposition to patriarchy and sexism, their criticism of the State and affiliated actors, and their actual or perceived sexual orientations and gender identities. In this regard, the rapid, deep, and ongoing absorption of armed groups and their leadership into State structures and institutions, including the LAAF, and the spread of Salafist-leaning conservative ideologies were observed with concern.
Conduct and patterns of gross violations of international human rights law and international humanitarian law described in the present report continue unabated. Structural, fundamental reforms of the Libyan constitutional and legislative framework, executive branch, and security sectors are necessary to uphold the rule of law and bring an end to the repression of fundamental human rights and freedoms of Libyans and the exploitation of migrants.