The Malta Independent 8 August 2026, Saturday
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Libya Does not respect the Human Rights of migrants

Malta Independent Sunday, 6 January 2008, 00:00 Last update: about 20 years ago

From Mr A. Callus

Moviment Graffitti notes with great concern the news that the Italian government has reached an agreement with Libya in which there will now be “joint patrols” in Libyan territorial waters. Although it is not yet completely clear what such an agreement contains, it is probable that migrants intercepted by the six Italian Navy vessels will automatically be sent back to Libya.

Moviment Graffitti states: “Sending migrants back to Libya would be an action that contravenes various human rights. Article 14 of the Fundamental Human Rights Convention states: ‘Everyone has the right to seek and to enjoy in other countries asylum from persecution’. However, Libya did not sign the 1951 Geneva Refugee Convention and therefore does not have any type of structure through which asylum claims can be examined. In practice this means that no migrant can ask for protection in Libya. Hundreds of immigrants that need protection are being sent to their countries, like Somalia and Eritrea, where they face unjust imprisonment, torture and in some cases even murder, by dictatorial governments or armed militias. One must also say that around 50 per cent of the migrants that reached Malta by sea have been recognised as needing protection. If all these migrants had been sent back to Libya before they reached Malta, they would probably have been deported to their home country to face life-threatening situations.

“Apart from the fact that Libya does not offer protection to people seeking asylum, migrants in Libya also face continuous abuse, even from Libyan police and soldiers. Various reports, such as those from Amnesty International, Human Rights Watch and State Watch shed light on the way thousands of migrants considered as “irregular” are being arbitrarily arrested in Libya. During their imprisonment they face brutal methods of torture, which in various cases lead to their death of the person.”

Moviment Graffitti reiterates that the 1974 International Convention for the Safety of Life at Sea states that people saved at sea have to be disembarked in a country that is considered “safe” for them. Of course, this is not the case with Libya as regards migrants. Therefore the agreement reached with Libya will surely not “save hundreds of lives”, as the Italian Minister for Home Affairs affirmed. Neither will it curb criminal organisations that traffic in human lives. As we can see from past incidents, strong military control at borders means that these criminal organisations will find new routes, often longer and more dangerous, and because of which there will be a higher rate of mortality at sea. The only solution to the problem of irregular migration (apart from improved conditions in the home-countries from which immigrants leave) is that large European countries start to open their doors again to forms of legal migration from Africa.

For these reasons Moviment Graffitti makes a strong appeal to the Maltese government and to the Opposition to desist from showing that they wish that Malta reaches an agreement with Libya, because this will put thousands of lives in danger. Both the Nationalist Party and the Malta Labour Party have announced their commitment to human rights. Therefore, because of such an explicit breach of fundamental human rights they are obliged not to show support to forms of agreement that include automatic repatriation to Libya.

Andre Callus

f/Moviment Graffitti

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