Impact of Italy-Libya Relations on Human Rights in the Migration Crisis
Image courtesy of Moayad Zaghdani via Unsplash
Libya has long been one of the most popular transit points to Europe for migrants and refugees, and the Libyan migration crisis has been a source of concern for EU policymakers looking to curb migration to Europe. Each year, hundreds of thousands of migrants cross the Mediterranean from Libya, hoping to reach Europe. In August 2022, there were almost 680,000 migrants in Libya. Located at the foot of Europe, Italy is one of the most popular destinations for migrants crossing through Libya. Its cooperation with Libya has been under scrutiny for violating the country’s human rights obligations.
Italy is at the forefront of providing monetary support and training for the Libyan Coast Guard, which intercepts migrant boats before they cross the border to Europe. After being caught at sea, most migrants are sent to detention centers in Libya, run by the Directorate for Combating Illegal Migration (DCIM). These detention centers have been accused of crimes such as murder, forced disappearances, torture, enslavement, sexual violence, rape, and other inhumane acts.
In contrast to its treatment of migrants, Italy has signed and ratified the 1951 Refugee Convention, which outlines the principle of non-refoulement, asserting that states cannot send refugees or asylum seekers back to a country where they risk facing persecution. Despite this, in 2009, Italian authorities forcibly returned a migrant boat from international waters to Libya without screening to see if some were refugees or needed protection, the first time after World War II that a European state had done so. Human Rights Watch stated that in this situation and other instances like it, Italy violated the principle of non-refoulement, part of its obligations under international human rights and refugee law.
Just two years prior, Italy and Libya had signed an agreement in Tripoli, marking the beginning of formal negotiations between the two countries on migration control. In August 2008, the two countries signed the Treaty on Friendship, Partnership, and Cooperation, with Article 19 about preventing illegal immigration from Libya and Article 6 stating that both countries will act in accordance with the United Nations Charter and the Universal Declaration of Human Rights. In February 2009, Italy and Libya signed the Additional Protocol, which included provisions for maritime patrols with joint crews from Italy and Libya. Later in the 2012 Hirsi Jamaa and Others v. Italy case, the European Court of Human Rights upheld the rights of migrants and ruled in favor of 24 migrants fleeing from Somalia and Eritrea, who were intercepted by Italian authorities at sea and returned to Libya. They found that Italy violated the principle of nonrefoulement as well as the European Convention on Human Rights.
The issue of migration influx has also divided leadership within Italy and the EU. Matteo Renzi, who served as Prime Minister of Italy from 2014 to 2016, supported Operation Mare Nostrum, a search and rescue operation that helped some hundred and fifty thousand migrants safely reach Europe. Renzi criticized the EU and regional leaders in Italy for not sharing more responsibility in handling the migration crisis. The operation was immensely costly, especially when Italy was trying to avoid another recession, and there was growing resentment among the Italian public. This led to its end in 2014. As Italy accepted more and more migrants quickly, it became clear that Italy’s asylum system could not sustain further inflow without more support. Marco Minniti, who became Italy’s Minister of the Interior in 2016, alternatively focused on border control. Matteo Salvini, Minniti’s successor, also held strong anti-migration views and closed Italy's ports to search and rescue NGOs. In 2022, he pledged to move screening centers for asylum seekers to North Africa.
On February 2, 2017, Italy signed a Memorandum of Understanding with the UN-backed Libyan Government of National Accord, with support from the EU. This will provide financial and technical support for the Libyan Coast Guard. So far, the memorandum has been renewed twice, once in 2020 and just recently in February 2023.
It was also in 2017 that video footage by CNN shocked the world with the horrors of the Libyan slave trade. The video showed men being sold at an auction in Libya for about $400. Refugees and migrants are particularly vulnerable to smugglers and traffickers, who have made Libya their hub and have taken advantage of political disarray in Libya.
Yet, even with the political instability of Libya’s government, the EU and Italy have made it clear that continued partnership with Libya will remain on the agenda as a means to stop the migration flow into Europe. This February, the EU handed over a search and rescue vessel to Libyan authorities in Italy, with promises for four more. Despite calls from the UN High Commissioner for Human Rights, Amnesty International, and other human rights organizations for the EU to stop working with Libya, more action is needed from Libya’s partners.
Part of that can come from supporting Libya in its long struggle for political stability. Decades of violence and a failed election plan in 2021 have shattered many hopes, but there are talks of working towards a 2023 election, and Italy has been supportive thus far of partnership to work towards free and fair elections in Libya. However, what the Italian government can and should do right now is stop funding for the Libyan Coast Guard. In 2021 alone, Italy gave about €10.5 million to support the Libyan Coast Guard. Last year, Germany declared that it would stop training the Libyan Coast Guard due to their treatment of migrants. More EU countries, including Italy, should follow suit if human rights are to be respected in the Mediterranean.
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