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Entschließungsantrag - B7-0507/2012Entschließungsantrag
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MOTION FOR A RESOLUTION on the situation of migrants in Libya

20.11.2012 - (2012/2879(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Charles Tannock, Geoffrey Van Orden on behalf of the ECR Group

See also joint motion for a resolution RC-B7-0504/2012

Verfahren : 2012/2879(RSP)
Werdegang im Plenum
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European Parliament resolution on the situation of migrants in Libya


The European Parliament,

–       having regard to its previous resolutions on Libya,


–       having regard to numerous statements on the situation in Libya made by the High Representative / Vice President Catherine Ashton,


–       having regard to the policies and strategies adopted by the Commission and the Council in relation to Libya,

–       having regard to the Commission’s communication to the Council and the European Parliament entitled “Wider Europe – Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours” (COM(2003)0104); its Strategy Paper on the European Neighbourhood Policy (COM(2004)0373); its proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument (COM(2004)0628); its communication to the Council on the Commission proposals for action plans under the European Neighbourhood Policy (ENP) (COM(2004)0795) and the action plans for the countries concerned; and its communication on strengthening the European Neighbourhood Policy (COM(2006)0726),

–       having regard to the previous EMPA resolutions and the European Union’s Mediterranean policy,

–       having regard to the United Nations Charter and the Universal Declaration of Human Rights,

- having regard to the Geneva Convention of 28 July 1951 and the Protocol of 31 January having regard to the Memorandum of Understanding jointly signed by Commissioner Ferrero-Waldner and European Affairs Secretary El Obeidi on 23 July 2007,

- having regard to the ongoing negotiations between the EU and Libya on a Framework Agreement,

- having regard to the current EU-Libya practical cooperation on migration and to the Migration Cooperation Agenda signed by the Commission and Libya on 4 October 2010,

- having regard to the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the Status of Refugees,



–   having regard to the European Parliament's recommendation of 20th January 2011 to the Council on the negotiations pn the EU- Libya Framework Agreement (2010/2268(INI) )

–       having regard to Italy and Libya's Memorandum of Understanding, 3rd April 2012

–       having regard to a report produced by the Parliamentary Assembly for the Council of Europe's (PACE) Committee on Migration, refugees and Displaced Persons; 29th March 2012 "Lives lost in the Mediterranean Sea: who is responsible?"

–0–   having regard to Rule 110 (2) of its Rules of Procedure,




A.     whereas pre- 2011 conflict figures suggest that more than 3 million migrants lived in Libya. Currently, it is estimated that 13,000 refugees and asylum- seekers live in Libya, these refugees and asylum- seekers come predominately from Burkina Faso, Cameroon, Chad, Eritrea, Ethiopia. Ghana. Niger, Nigeria, Somalia and Sudan; and whilst Libyan officials acknowledge that they cannot return migrants to Eritrea or Somali, they have, in 2012 so far, deported 4,000 to Chad, Niger, Nigeria and Sudan.


B.     whereas historically, Libya has relied on migrant workers in sectors including health, education, agriculture, hospitality and cleaning services. Libya remains to be considered a major hub for asylum- seekers and refugees fleeing conflict in Africa, Asia and the Middle East


C.     whereas Libya has no formalised asylum system but does have a memorandum of understanding with Italy where Italy will provide technical assistance to monitor Libya's borders and to assist in returning irregular migrants to their countries of origin


D.     whereas Libya has yet to sign a memorandum of understanding on this matter with the UNHCR


E.     whereas Libyan legislation allows for foreign nationals pending deportation to be detained indefinitely



1.      Urges the Council and the Commission to strongly recommend that Libya ratify and implement the Geneva Convention on Refugees of 1951 and its 1967 Protocol, including full cooperation with UNHCR so as to guarantee adequate protection and rights for migrants, and adopt asylum legislation that recognises refugees’


2.   Urges the Council and the Commission to request that the Libyan authorities sign a Memorandum of Understanding granting UNHCR a legal presence in the country, with a mandate to support and assist migrants


3.  Acknowledges that Libya is struggling with the numbers of migrants entering the country and, whilst not excusing human rights violations, notes that the Libyan authorities   need assistance to ensure that refugees, asylum- seekers and irregular migrants are   treated in accordance with international and European agreements; urges the Libyan authorities to close detention camps where living conditions are below adequate standards


5.      Urges the Libyan authorities to establish a migration policy which adheres to the rule of law, respect for human rights and which distinguishes between migrants, asylum seekers and refugees.


4.      Notes with concern that female migrants held in detention frequently face sexual and gender- based violence; urges the Libyan authorities to ensure that all detention centres should be staffed with female guards and that all allegations of sexual violence should be dealt with appropriately


5.      Notes with concern that unaccompanied children are frequently held in detention alongside adult detainees; urges the Libyan authorities to ensure that the rights of vulnerable detainees including pregnant women, the sick, children and unaccompanied minors are protected


6.      Notes with grave concern the illegal actions taken by former rebel groups; these include but are not exclusive to, arbitrary arrest and detention, beatings and torture, forced labour. Supports the Libyan authorities in efforts to regain control and ensure that rule of law is established in Libya


7.      Notes with concern allegations of migrants being used as mules to transport illegal goods and arms and urges the Libyan authorities to take rigorous action


8.      Advises the Libyan authorities to take steps to counter racism and discrimination against migrants, asylum- seekers and refugees, particularly those individuals from sub- Sahara Africa



9.      Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the League of Arab States, the United Nations and the National Transitional Council of Libya.