Dec 4, 2022
Joint Statement
Amid an absence of legal channels for migration, deaths at sea are on the rise while identification procedures remain negligent: The nightmarish journey of refugees continues even in death
Two months after the shipwreck off the coast of Zarzis in Tunisia and almost five months after the massacre at the crossing point between Nador and Melilla in Morocco, the shipwrecks and loss of life off the coast of the Mediterranean continue unabated. The impunity of the countries and actors responsible for these tragedies is flagrant. The signatory organizations are sounding the alarm and denouncing this hecatomb at the external borders of the European Union.
Since 2021, the number of deaths continues to rise
According to a recent report by the International Organization for Migration’s Missing Migrants Project, 5684 men, women and children have lost their lives on the migration routes to and within Europe since the beginning of 2021. Since 2014, 29,000 people have lost their lives at sea. These figures are unfortunately incomplete due to the large number of “invisible shipwrecks” on both the Central Mediterranean and Atlantic routes.
Behind these numbers are entire lives, stories, families, siblings, children and friends, who have the right to know how their loved ones lost their lives, to recover and identify their bodies, and to give them a dignified burial and a mourning.
According to the report of Caminando Fronteras, on the migratory routes to Spain, 978 people, including 41 minors, died in the first six months of 2022. On the Canary Islands route, 800 people lost their lives. In total, 18 boats disappeared with all the people on board. Almost 90% of the victims disappear at sea and their bodies are never found.
In July 2022 alone, 300 people died trying to reach the Canary Islands from Senegal. In mid-August 2022, 18 people, including a baby, died off the coast of Tarfaya in Morocco. They had been waiting for 8 hours for a rescue operation. On October 1, 2022, a merchant ship rescued a man in an inflatable boat in the Atlantic. In the boat, there were 4 deceased people and the man reported that 29 others were missing. On October 28, 2022, the bodies of 34 people washed ashore south of Dakhla. In early August, a boat with 14 people disappeared after leaving Tipazza, Algeria. These numbers are just a few examples in a sea of despair.
Multiple causes that can easily be addressed
The increased violence against migrants and the increase in deaths is a direct consequence of the EU and Member States’ outsourcing of migration policies, aimed at greater control and security of the North African states’ maritime borders. These measures have resulted in the displacement of migration routes to increasingly dangerous ones, resulting in an increase of deaths.
Instead of opening legal and safe routes and establishing search and rescue mechanisms at sea, the EU and its Member States continue to pursue security and deadly migration policies.
The Spanish government’s approval of sending an additional 30 million euros to Morocco for migration control is a glaring example. Since 2019, Morocco has received 123 million euros from Spain for migration control, in four separate payments. At the same time, the EU has provided 346 million euros to Morocco in the same period and will send another 500 million euros until 2027. Tunisia is not an exception, with Italy sending 19 million euros for border control between 2020 and 2021.
Forgotten in death: Lack of identification procedures denounced
In this context, the atrocities against migrants continue even after their death, as evidenced by the lack of identification procedures from Libya to Tunisia, and from Algeria to Morocco. This situation has been long denounced by the signatory organizations. Policies regarding the identification of bodies on the part of the authorities of the Maghreb and Mediterranean countries are negligent and often consist of burying bodies found on beaches after shipwrecks without any DNA testing or other summary identification procedure. The latest example of this lack of procedure occurred in early October 2022 when the bodies of 18 young people found in Zarzis (including families, women and children), were buried without any form of identification. This event caused strong protests and indignation from families and civil society who demanded that the bodies of those who died in shipwrecks be recovered, identified, and buried with dignity.
The same lack of identification and search procedures for missing persons is found on the Atlantic and Western Mediterranean routes. The practice of unidentified burial has also been documented at land borders, such as at the border between Nador and Melilla after the tragedy of June 24, 2022, where at least 37 migrants died while trying to cross the border. According to the Moroccan Association for Human Rights (AMDH), 77 people are still missing, but the final number of dead and missing will never be known. Immediately after the June 24 tragedy, AMDH Nador noted that the authorities wanted to bury the bodies without conducting the necessary investigations and without identifying the bodies. It was only due to the intervention of the AMDH that the authorities stopped this summary burial.
According to a recent BBC investigation, on June 24, lifeless bodies were dragged by Moroccan police into an area that, according to the BBC, was under Spanish control. At the same time, the Spanish Interior Ministry denies dragging the bodies from Melilla to the Moroccan border, while it is also accused of withholding crucial CCTV evidence from official investigations.
On October 31, 2022, UN experts denounced the lack of accountability in Spain and Morocco and called for a “thorough investigation, reparations to the victims and their families, and guarantees that this will not be repeated.”
The multiplication of deaths at sea and the outrage that is constituted by the mistreatment of bodies in death can no longer be tolerated in the Mediterranean. The signatory organizations therefore issue a series of recommendations for the European Union, its Member States, and the States of the southern shore to put an end to these practices.
Recommendations
The signatory organizations:
– Call for the establishment of safe and legal channels to access these countries and their asylum procedures;
– Call for the increase of “resettlement” programs and relocation mechanisms as the only valid response to reduce deaths and disappearances at sea;
– Call on the European Commission to eliminate the conditionality of development aid to European migration policy objectives. These funds should not be linked to the eventual cooperation of third countries in border management and readmission policy;
– Call on the European Commission to establish accountability mechanisms linking EU aid to the human rights obligations of partners. EU funds for migration should be disbursed in a transparent manner, with information on the institutions and organizations involved, earmarked budgets and the results of any projects carried out made public;
– Call on the European Commission to establish effective and transparent mechanisms for monitoring the political and legal actions of EU member states, with a system of sanctions to penalize their violations of European and international law. The infringement procedure must be strengthened to ensure accountability for human rights violations by EU member states, including the violation of the principle of non-refoulement, which runs counter to the 1951 Geneva Convention on the Status of Refugees;
– Call for the abandonment of negotiations on readmission agreements. The current violations of migrants’ and refugees’ rights in Morocco, Tunisia, Algeria and in the countries of origin, and the absence of post-return monitoring mechanisms, are not sufficient to qualify the countries of origin or the third country as “safe”;
– Call for a dialogue with the new actors in the migration environment who are responsible for part of the migration management to ensure that their protocols are consistent with human rights. Private actors such as border control companies are one example;
– Call for an examination of the implications of established policies, such as “voluntary returns”, and their impact on migration choices to more dangerous routes, and establish an effective and transparent mechanism for monitoring returns, in collaboration with civil society actors;
– Call for the establishment of measures, procedures and protocols that respect and protect the rights of people on the move.
On greater coordination/cooperation in search and rescue at sea, the signatory organizations:
– Call on States to establish a coordinated, effective and transparent maritime search and rescue mechanism to prevent further loss of life at sea;
– Call on States to redirect funds currently spent on border surveillance to search and rescue.
On greater coordination/cooperation on identification mechanisms and the search for missing migrants, the signatory organizations:
– Call on States to establish a coordinated mechanism to search for missing migrants at sea and on land;
– Call on States to redirect funds to increase resources and capacity to establish effective identification procedures, search mechanisms for missing migrants and repatriation of bodies;
– Remind States that the responsibility for identification remains with them;
– Support projects that take into account and integrate the processes of identification of deceased persons and the search for missing migrants;
– Call for the authorities and relevant actors to increase coordination with civil society for their work, and establish civil society access to identification procedures and protocols;
– Request that the States concerned (EU Member States, Maghreb, countries of origin or exit) recognize their de jure and de facto responsibilities towards migrants, in particular to facilitate the identification and repatriation of deceased persons. In this sense, the IOM could facilitate transnational cooperation between the embassies of the countries of origin and the countries where the death or disappearance has been registered;
– Call for the establishment of effective and permanent mechanisms with a human rights-based approach to support the families of missing persons and survivors, so that all persons concerned are linked to the authorities and receive psychological assistance adapted to the particular needs of each group of victims;
– Call for the establishment of mechanisms to protect families and civil society actors involved in identification efforts from prosecution and criminalization;
– Call on States to put in place clear and effective legal frameworks to clarify and implement the different stages of the identification procedures and monitoring mechanisms to ensure that the objectives of the legal instruments have been achieved.
Signatories:
- لأورومتوسطية للحقوق
- Association Marocaine des Droits Humains (AMDH)
- L’Organisation Marocaine DES Droits Humains (OMDH)
- Association Aides Aux Migrants En Situation Vulnerable (ASMV)
- Réseau Marocain des Journalistes des Migrations (RMJM)
- Association Collectif des Communautés Subsahariennes au Maroc (CCSM)
- ASSOCIAZIONE RICREATIVA CULTURALE ITALIANA (ARCI)
- Milano senza Frontiere
- Borderline Sicilia
- Mem.Med -Mémoire Méditerranée
- Association enfant de la lune (Tunisie)
- Association pour le Leadership & le Développement en Afrique (ALDA)
- Association des Etudiants et Stagiaires Africains en Tunisie (AESAT)
- Ligue Tunisienne des Droits de l’Homme (LTDH)
- Avocat Sans frontière (ASF)
- Afrique Intelligence
- Ligue Algérienne des Droits de l’Homme (LADDH)
- Centre National de Coopération au Développement (CNCD-11.11.11)
- Anti-Racism Movement (Lebanon)
- Greek Refugee Council (GCR)
- Ligue des Droits Humain (LDH) France
- Citizens Assembly of Turkey
- Cairo Institute for Human Rights Studies (CIHRS)
- Institut du Caire pour les Études des Droits de l’Homme (ICEDH)
- Aman against Discrimination (AAD)
- LIBYAN NETWORK FOR LEGAL AID
- ADALA FOR ALL (AFA)
- Belaady Organization for Human Rights
- Justice without chains
- Libyan Crimes Watch (LCW)
- Independent organization for human rights (IOFHR)
- Aswat media network
- The Libyan center for freedom of the press
- Libya Al Mostakbal
Oct 11, 2022
The undersigned organisations and associations call on the Government of National Unity to repeal its dangerous decision regarding audiovisual media because of the grave risks it poses to the diversity and plurality of the media landscape in Libya, as well as its threat to the integrity of any upcoming electoral process
On 15 September 2022, the Government of National Unity issued Decision n° 811 of 2022 on the conditions and requirements for audiovisual media activities. Decision n° 811 includes irregular stipulations that violate media freedom, such as requiring the approval of the security authorities or the approval of the Libyan intelligence service – and thereby allowing security and military authorities to intervene in the regulation of audiovisual media
The lack of independence of the committee adds to the seriousness of the situation. The Committee for the Regulation of the Work of Private Audiovisual Channels is supervised by the Department of Information and Government Communications at the Cabinet Office, and security agencies have a strong presence within the committee itself: it is headed by a former security officer and several members sit on the committee, including two representatives of the Ministry of Interior and the Libyan intelligence service
The permission to practice is granted by the Committee for the Regulation of the Work of Private Audiovisual Channels, which was established in March 2022 by a government decision, n°151 of 2022. Permission is granted after media outlets meet a set of conditions that determine the legal status of media institutions and outlets that produce audiovisual content, and after they obtain a licence from the Ministry of Interior or the intelligence service or tax administration, and pay the required fees
The government’s decision requires that audiovisual institutions pay high fees ranging from 20,000 to 30,000 dollars for TV channels, and between 7,000 and 10,000 dollars for radio stations. These fees constitute unfair, prohibitive conditions, especially since channels are obliged to pay between 4,000 and 20,000 dollars each year to renew their licence. These conditions threaten the viability of media institutions, which may find themselves unable to continue their activities if they do not meet the approval of the security services or the intelligence service or because of their inability to pay the high amount of fees
The undersigned organisations and associations stress that while it is legitimate to regulate the audiovisual communication sector with the aim of ensuring the plurality and diversity of the media landscape and the transparency of media ownership, it should not end up with the government taking control of the media sector. The upcoming elections in Libya require that media institutions are protected from political tensions and from any threats of closure
The undersigned organisations and associations call on the Government of National Unity to withdraw this dangerous decision and to hold open and transparent consultations with media institutions, civil society organisations and experts to draft a decision that respects media freedom, independence, pluralism and the viability of the media
Here the updated list of signatories:
Signatory organizations
1. ARTICLE 19
2. Aman Organization against discrimination (AAD)
3. Libya Crimes Watch (LCW)
4. Adala for ( AFA)
5. Cairo institute for human rights studies (CIHRS)
6. The Libyan Center for Freedom of Press (LCFP)
7. Belaady Organization for Human Rights
8. Jurists without chains
9. Libyan Legal Aid Organization
May 26, 2022
Tripoli, May 21
The Libyan Center for Freedom of Press (LCFP) held the regular annual meeting of its General Assembly on Saturday, May 21, 2022, headed by the President of the General Assembly, Ms. Swelma Boker, and the Chairman of the Board of Directors, Dr. Mohamed Al-Asfar. The majority of the Assembly members and the working group were present in the meeting. During this meeting, all projects and activities accomplished in 2021 by LCFP were presented. In addition to the projects that it will work on during 2022-2023. The annual budget and all the expenses incurred by LCFP for the conduct of its business and the success of its projects were also presented. The members of the General Assembly approved the narrative and financial reports for the years 2020 and 2021 with a quorum of half +1.
The annual meeting focused on discussing the state of shortage in funds, the decline in the activities carried out by LCFP since the Covid19 pandemic, and the scarcity of funds from international donors, due to the restrictions imposed by the Civil Society Commission and its “blatant” interference in the work of non-governmental organizations. That happened in the light of the silence of the Presidential Council and the government. LCFP was also faced with a political stalemate and polarization in the country.
During the meeting, Chairman of the Board of Directors Dr. Muhammad Al-Asfar insisted on the necessity to address national government agencies such as executive bodies, public companies and banks to finance media development programs and projects, as stated in the social responsibility clause, and to ensure reliance on national funding, in condition of integrity and independence.
The participants to the meeting recommended to increase the number of participants by setting up a mechanism to attract new members, increasing the funds of major programs, activities, operational expenditures and human resources, and subjecting them to review by an external financial office. They also emphasized the need to expand partnerships at the international level with donor organizations by the means of effective communication.
The meeting concluded with the need to expand the programs and activities of the strategic plan for the years 2022 and 2023, to include media monitoring, verification of allegations, follow-up of the national elections, and the programs to combat impunity and structural and legal reforms of the Libyan media sector.
Nov 10, 2021
The undersigned organizations call upon Libyan authorities to rescind the cybercrime law recently adopted by the Libyan House of Representatives. The law would severely restrict freedom of expression, curtail press freedom, and legalize mass surveillance of speech online. Additionally, the law allows for warrantless blocking of websites and content
During the plenary session held on October 26, 2021, the Libyan House of Representatives ratified the Anti-Cybercrime Law. The vote comes at a pivotal moment for Libya with the presidential elections scheduled for December 24, 2021. In order to ensure these elections are free, fair, and transparent, it is imperative to guarantee freedom of opinion and expression as well as freedom of press, both offline and online
The draft bill was quickly passed, only one day after it was added to the parliament’s agenda and without public consultation with Libyan civil society, human rights defenders, or experts. This has prompted the undersigned organizations to examine the version available on social media, which was leaked by Members of Parliament and experts in the digital field
Broad terminology that contravenes international human rights standards
The new Anti-Cybercrime Law stipulates a myriad of overbroad and ambiguous terms that would give the Libyan judicial authorities an extensive discretionary power to restrict online freedom of expression. Article 4 stipulates that the use of the internet and new technologies is considered “legal” provided that “public order and morality” are respected. Hence, any use that violates these ambiguous concepts can be deemed illegal. According to Article 37, “whoever spreads a rumor or publishes information or data that threaten security or public safety in Libya or any other country,” shall be imprisoned for a period of up to fifteen years in addition to a heavy fine of no less than ten thousand Libyan Dinars. We warn against the danger of using this article to target and punish journalists, whistleblowers, human rights defenders, and other internet users. This article can also be used to criminalize the publication and sharing of any content that documents human rights violations, opposes public policies in Libya, or any other information of public interest. Notably, the Libyan authorities and militias have used “violation to public order and morality” as a pretext to target, imprison, torture, and kill journalists and human rights defenders
Furthermore, danger of this repressive legislation lies in Article 35, which provides for the imprisonment of “anyone who is aware of the commission or attempted commission of any of the crimes stipulated in this law” even though it includes phrases having a general and broad meaning
Such broad and ambiguously drafted articles are in violation of international human rights standards and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). As stated by the U.N. Human Rights Committee in their General Comment No. 34, “a norm, to be characterized as a ‘law’, must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly.” Any restriction of the right to opinion and expression for reasons related to either respect for the rights of others or their reputations, or to protect national security, public order, public health, or morals must be provided by law and subject to rigorous tests to meet the requirements of necessity and proportionality. This is also consistent with Libya’s national laws. Article 14 of the Libyan Constitutional Declaration of 2011 stipulates that the State shall guarantee freedom of opinion and expression as well as the freedom of press and publication
Measures that threaten the freedom of expression, publication, and press
Articles 13 and 47 of this new legislation, related to “interference and interception” and “unlawful wiretapping” respectively, could justify impeaching journalists for accessing information or communicating with whistleblowers in order to share information of public interest. This is inconsistent with paragraph 2 of Article 19 of ICCPR, which states that “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” It also contravenes paragraph 3 of the General Comment No. 34 stipulating that “freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights,” as well as paragraph 30 stipulating that “It is not compatible with paragraph 3, for instance, to invoke such laws to suppress or withhold from the public information of legitimate public interest that does not harm national security or to prosecute journalists, researchers, environmental activists, human rights defenders, or others, for having disseminated such information.”
Article 21 of the Anti-Cybercrime Law also criminalizes and punishes with imprisonment for a period of no less than one year any act of “combining or mixing someone’s picture or voice, without their written or online consent, by using the internet or any other digital means with the intent of harming others.” The article does not carve exceptions with regards to public or political figures, and therefore may inadequately restrict freedom of expression in Libya. In this context, it is noteworthy to point out the Human Rights Committee’s affirmation within the General Comment No. 34 stating that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism,” and that “the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties.”
Permitting mass surveillance and blocking of websites and content
Article 7 of the Anti-Cybercrime Law permits the Libyan authorities to monitor everything published on social media “and any other technical platform,” and to enable the National Information Security and Safety Authority (NISSA), an administrative and technical governmental authority in Libya, to block websites and content without judicial orders if they provoke “racial or regional slurs and extremist religious or denominational ideologies that undermine the security and stability of the society.” NISSA can also censor and block access to all websites and pages containing materials that are “contrary to public morality” under article 8 of the law
A threat to citizens’ digital safety and security
The Anti-Cybercrime Law criminalizes the use of encryption tools. Article 9 stipulates that “no individual or entity shall produce, possess, provide, market, manufacture, import, or export encryption tools without NISSA’s permission or authorization,” which jeopardizes digital safety and security of Libyan citizens and infringe upon their right to protect their privacy, personal data, and online communication away from authorities’ control
Based on all of the above, the undersigned civil society organizations call on the Libyan authorities to:
- Immediately repeal and not apply this law;
- Draft a new law in line with international human rights standards and Libya’s international commitments; and
- Adopt the principle of dialogue and consultation with Libyan civil society and the relevant international organizations when drafting any bills related to fundamental rights and freedoms in Libya, including the freedom of publication and press
Signatory organizations:
Access Now
Reporters without Borders (RSF)
MENA Rights Group
Hexa Connection
Electronic Frontier Foundation
ELBIRO Media Foundation
SMEX
BYTE Organization
Annir Platform
Libya Organization for Culture and Media
ImpACT International for Human Rights Policies
Euro-Mediterranean Human Rights Monitor
Phenomena for Media & Research
Lawyers for Justice in Libya
Youth Gathering For Tawergha Organisation
Independent Organization for Human Rights
Libyan Center for Freedom Of Press
Libyan Crimes Watch
Moomken Organization For Awareness and Media
Aswat Media Network
Tanweer Movement
Yes We Can Organization
Cairo Institute for Human Rights Studies (CIHRS)
Libyan Women’s Platform for Peace
Jurists Without Chains
Al-Aman Organisation Against Racial Discrimination
Libyan Organization for Legal Aid
Belady Foundation for Human Rights
Adala for All
Libyan Voluntary Group for Monitoring Human Rights Violations
Defender Center for Human Rights (DCHR))
