A/HRC/17/44
currency including dollars, euros and old Libyan money being captured by opposition
forces.
189. One witness stated to the Commission that the “Governmental forces established
voluntary recruitment offices across Sirte and continue to recruit newcomers in their ranks.
Foreigners particularly are offered certain entitlements and privileges including provision
of nationality. Those recruited receives Libyan citizenship, arms and 200 dinars at the spot.
In addition to cigarettes, food and other things, they are also entitled to receive 250 dinars
on a daily basis. They also promised them an apartment, a car and 30,000 dinars at the end
of the conflict.” He noted that “many people who volunteered were already awarded cars
but the risk of being killed is however very high. Governmental forces routinely deploy the
new recruits to the frontline, particularly to Benghazi and Misrata, where the fighting has
entered its intensified phase. Meanwhile some autonomous groups, apparently separate
from Qadhafi and rebels, have also set-up parallel voluntary desks in Az-Zawiyah, inviting
people to join the military campaign. These groups offer cash and arms to the volunteers.”
190. The Commission has also received considerable information regarding serious
violations committed against sub-Saharan Africans as a result of a generalized equation of
these groups with “mercenaries,” a subject discussed further in chapter III, section I. The
Government of Chad has issues a series of statements in February and April expressing its
concern about reports of allegations of the involvement of Chadians in the conflict and the
backlash against Chadians remaining in Libya. 155
4.
Conclusion
191. The Commission considers that it has established that foreign nationals have taken
part in the conflict, including perpetrating human rights violations, particularly on the side
of the Government forces. However, further investigation would be required to determine
whether those armed individuals fall into the category of “mercenaries” within the
provisions of international law. In particular, there is a need to receive more information
concerning the residential status of foreign nationals and the means and purposes for which
they were recruited.
I.
Migrant workers
1.
Introduction
192. A majority of those who have fled Libya since February are migrant workers who
have left due to insecurity, conflict and economic hardship. 156 There have been a variety of
allegations made concerning the mistreatment of migrant workers: whether in the form of
arbitrary arrest or detention, o arbitrary interference with privacy, beatings or other forms of
cruel and inhuman treatment. Reports of extrajudicial killings were received by the
Commission. In carrying out its investigation into this topic, the Commission has had
access to first-hand information from 35 migrant workers or members of their families,157
155
156
157
54
An information note thereon was issued by the Permanent Mission of Chad to the United Nations
Office in Geneva on 5 April 2011.
The Commission received information regarding the economic difficulties faced by migrant workers
where contracts were terminated at short notice, sometimes without salaries due being paid, and the
impact of loss of benefits associated with the jobs.
Interviews were conducted with persons from Sudan (11), Chad (10), Palestine (5), Nigeria (3),
Bangladesh (3), Ethiopia (1), Eritrea (1) and Iraq (1). In addition, group discussions were held with
large numbers of foreign nationals, including Moroccans, Philippines, Malians and Somalis. All
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