A/HRC/28/51
had been internally displaced by the fighting.6 UNSMIL/OHCHR received reports of
displacement as a result of damage to residential properties through indiscriminate shelling,
and of intentional destruction of residential properties, farms, factories and other businesses
by armed groups targeting perceived opponents, particularly in Warshafana and in
Benghazi.
4.
Migrants, refugees and asylum seekers
32.
Migrants, refugees and asylum seekers remain extremely vulnerable in Libya. Libya
has not ratified the 1951 Convention relating to the Status of Refugees, and the authorities
have not established a proper protection framework. Detention of such individuals is
widespread and prolonged, particularly affecting those originating from sub-Saharan
Africa. The detainees usually have no means of challenging their detention.
33.
In the first half of 2014, UNSMIL/OHCHR visited various detention centres for
migrants, including in Abu Salim, Al-Zawiya, Al-Tewisha, Al-Hamra, Al-Khoms, AlGewia, Burshada, Gatrun, Surman, Zoo Centre and Zliten. UNSMIL/OHCHR found
conditions of grave concern, including chronic overcrowding, poor sanitation and health
care, and insufficient food. There were also consistent reports of physical or verbal
mistreatment, labour exploitation, sexual abuse, extortion and confiscation of identity
documents, and minors were being detained with adults. Women detainees reported that
they were subjected to sexual violence. The escalation in the violence has exacerbated the
situation due to the breakdown in public services and the scarcity of basic items.
34.
Migrants became even more vulnerable due to the recent violence, especially those
in areas affected by the fighting, without the ability or means to leave. Many migrants have
sought to flee the violence by crossing the borders into neighbouring countries, some of
which have intermittently imposed strict restrictions on entry. In a visit to Zuwara in northwestern Libya, in mid-August 2014, UNSMIL/OHCHR staff interviewed migrants who had
fled the shelling in the Al-Krimeya neighbourhood of Tripoli and were living without
adequate shelter, proper sanitary facilities, sufficient food or basic physical security, and
who reported threats from Libyan border guards. Others, including women, unaccompanied
children and elderly people, have sought to leave by sea routes. UNHCR estimates that
approximately 130,000 people arrived in Italy from Libya between January and October
2014.7 While many were rescued at sea by the Italian navy and other forces, over 3,000
people reportedly died at sea during that period.8
5.
Amazigh, Tabu and Tuareg communities
35.
The Amazigh, Tabu and Tuareg communities are officially referred to as
“components” of Libyan society. Many within these communities consider themselves
indigenous persons. The Amazigh community, as well as sizeable proportions of the Tabu
and Tuareg communities, boycotted the elections for the Constitution Drafting Assembly
on the grounds that the proposed decision-making procedures of the Assembly did not offer
sufficient guarantees to protect their rights. In addition, they did not consider the two seats
reserved for each community as adequate. However, Tabu and Tuareg communities did
vote, one month later, to elect representatives.
6
7
8
8
See www.unhcr.org/5465fdb89.html.
See www.refworld.org/pdfid/54646a494.pdf.
See www.unhcr.org/542d12de9.html.
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