The African Commission on Human and Peoples' Rights (the Commission) is following with great attention the situation of sub-Saharan migrants in the State of Libya (Libya) and is particularly concerned following the numerous allegations of kidnapping, torture, ill-treatment and ransom demands to which they have allegedly been subjected by criminal groups and human traffickers in the town of Adjkhara, in South-East Libya, the latter taking advantage of the climate of instability and division reigning in the country.
According to credible information received by the Commission from various sources, more than 250 irregular sub-Saharan migrants of different nationalities were detained and confined - before their release by Libyan security forces - in deplorable human and sanitary conditions by smugglers and human traffickers, and some of them were subjected to torture and various cruel, inhuman and degrading acts in order to force their relatives to pay ransoms. Reports also indicate that many of the migrant women among them were subjected to sexual violence on a continuous basis throughout the confinement period.
The Commission wishes to recall the provisions of the African Charter on Human and Peoples' Rights (the Charter), in particular Article 1, which states that States Parties recognise the rights and freedoms enshrined therein and undertake to adopt all necessary measures to implement them, as well as Article 5 on the prohibition of torture, trafficking in persons and all cruel, inhuman and degrading treatment. It also recalls the provisions of the Maputo Protocol on the Rights of Women, in particular Article 4 prohibiting all forms of violence against women, as well as other relevant instruments ratified by Libya.
The African Commission calls on the State of Libya to conduct an independent, impartial and prompt investigation into the various violations of the rights of sub-Saharan migrants and to ensure that those responsible are held accountable for their actions.
Furthermore, and taking into consideration the fact that Libya is a transit as well as a settlement State for many sub-Saharan migrants, particularly following the conflict in Sudan and the multiple crises in the Sahel region, the African Commission wishes to recall in this particular context its ‘African Guiding Principles on the Human Rights of All Migrants, refugees and asylum seekers’ (2023), in particular Principle 37 relating to the cooperation of Member States of the African Union for the protection of migrants through the creation of corridors and safe migration routes to allow the free movement of persons as well as the prevention and repression of smuggling of migrants by land, sea and air. It also recalls the ‘African Union Policy on the Prevention of Smuggling of Migrants in Africa’, as well as the ‘Global Compact for Safe, Orderly and Regular Migration’, in particular its Objective 9 on strengthening transnational action against migrant smuggling.
Finally, the Commission recalls once again the need for increased protection of all migrants, regardless of their migration status, and the importance of addressing the root causes of migrant smuggling and human trafficking, including the economic, governance and security factors that drive irregular migration in Africa.
It encourages the African Union to provide assistance to Libya and to support an inclusive reconciliation process.
Banjul 3 February 2025
Honourable Commissioner Selma SASSI-SAFER
Commissioner for Human Rights in the State of Libya
Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons
and Migrants in Africa
