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Detained Youth: Study Probes Fate of Young Migrants, Asylum Seekers and Refugees in Libya

Libya - A new study by Asmita Naik for the Mixed Migration Hub (MHub) reveals a consistent pattern of young migrants, refugees and asylum seekers held in Libya in arbitrary detention in squalid, cramped conditions for months at a time without any form of due process.

The study, which paints a damning picture of the immigration detention of young migrants, asylum-seekers and refugees in Libya today, explores their experiences between November 2012 and November 2014.

Detention occurs in facilities across the country, many of which are reported to be under the control of the governing authorities or militia forces. Serious rights violations, including allegations of violence and brutality, are said to be commonplace, including in some of Libya’s most notorious detention centres.

This study suggests that the absence of a humane and orderly framework for handling migration flows in Libya is a contributing factor to the ever-increasing numbers of migrants, asylum-seekers and refugees willing to risk their lives in the Mediterranean to reach the safety of Europe.

As the first study of its kind to assess the particular plight of detained refugee, asylum-seeking and migrant children and youth in Libya’s immigration detention centres, it provides timely information about the current situation in the country. The right to liberty and freedom from arbitrary detention is among the most fundamental of rights belonging to all human beings, and its consistent denial, especially to vulnerable minors and young people, is a matter of the gravest concern.

Fieldwork was conducted between November 2014 and February 2015 in four countries including Italy, Malta, France and the UK, drawing on in-depth interviews with 45 former detainees (85 per cent of whom were unaccompanied children or young people).

Drivers of migration: Those from North-East African countries primarily cited political reasons, violence and conflict as main drivers for their movement and their intent to seek international protection. In contrast, those from West Africa primarily reported family tensions and inter-personal difficulties as the reason for leaving their countries of origin. Minors say they travelled alone rather than with family members because they faced imminent threats and harassment; because their families couldn’t afford to send more than one person; or because as orphans, they had to fend for themselves.

Journey to Libya: Family members often provided financial support for the journey. Migrants, asylum seekers and refugees often faced new demands for cash as well as violence from smugglers and tribes en route. Women faced the danger of sexual violence. Smugglers who sought to extort more money held many on arrival in Libya. Once free, they found day-to-day life hazardous given the ever-present threat of violence and extortion from Libyan civilian gangs.

Circumstances of detention: The reason for arrest was usually stated to be ‘illegal’ entry or lack of papers, and was typically accompanied by violence. None were informed of their rights or had access to a lawyer. They were only allowed to call families and friends to ask for money to be released. They were not able to apply for asylum and none were offered support to return home. Most migrants and refugees stayed in detention for a number of months.

Conditions in detention: Conditions were frequently described as deplorable. While men and women were usually kept separately, unaccompanied boys were often detained with unknown adult males. Beatings and violence were commonplace and sexual violence by guards an on-going risk for female detainees. Food was usually inadequate. Sanitation conditions were deplorable. Most reported sleeping in crowded cells without bedding or mattresses. Outdoor access was restricted except in situations where detainees were taken out to do unpaid work for detention centre staff or outside employers. Medical treatment was usually lacking.

Life after detention: Interviewees were able to leave detention either by paying hefty bribes, by escaping or simply by being let go at the will of the guards. Sometimes locals came and secured the release of detainees in exchange for unpaid labour. Migrants and refugees remained vulnerable to re-detention after release. Once in Europe, their fate varies. Those who have an unresolved immigration status face an uncertain and difficult future. Children and young people are at risk of being exploited by organized criminal gangs operating in Europe. Those in receipt of some form of protected status were found to be getting on with their lives, acquiring an education, language skills and work, in an effort to make new futures. Some ex-detainees continue to bear the physical and psychological scars of their arduous experiences. 

The MHub works on behalf of the North Africa Mixed Migration Task Force, a joint initiative of the Danish Refugee Council, IOM, the Office of the High Commissioner for Human Rights, The Regional Mixed Migration Secretariat (Nairobi), and the UN High Commissioner for Refugees. MHub is a go-to place for knowledge, data and research and a platform for inter-agency exchange and coordination.  MHub research is supported by the NOAH Regional Migration Programme.

You can find out more at: www.mixedmigrationhub.org

For further information, please contact Steven Thorpe, Research and Data Analysis Consultant, Mixed Migration Hub, Tel: +20 120 443-5479,   Email: sthorpe@iom.int