Libya

2012 UNHCR country operations profile - Libya

Working environment

The context

The uprising and subsequent revolution that began in Libya in February 2011 have resulted in historic changes to the political, economic and social fabric of the country. Although at the time of writing the conflict appeared to be nearing its conclusion, clashes still continued in some parts of the country. The heavy fighting, shelling and bombings during the conflict have caused widespread civilian displacement, especially in front-line areas on the coast and in the Western Nafusa Mountains region. Since February 2011, more than 900,000 people have left the country. Most were third-country nationals, but more than 660,000 Libyans have also fled. In addition, an estimated 200,000 people have been internally displaced.

With the situation improving, significant numbers of Libyans have begun to return from abroad and within the country to their places of origin but many remain unable or unwilling to return. Prior to the conflict, there were some 11,000 refugees and asylum-seekers registered with UNHCR in Libya, most living in urban areas in and around Tripoli.

While Libya is a party to the OAU's 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, it is not a signatory to the 1951 Refugee Convention. No national legislation or administrative structures have been established to address matters of asylum. As such, refugees and asylum-seekers are part of a mixed-migration context that includes up to two million migrants, having entered the country owing to Libya's "open door" policy and historical position as a destination country for people seeking employment and a departure point for Europe. While many third-country nationals, including some refugees and asylum-seekers, left during the conflict, others continued to arrive in search of employment, in transit or to seek asylum.

The needs

With Libya's political and economic situation in a state of transition and security improving but still uncertain, numerous humanitarian needs are expected, especially among pockets of vulnerable people being identified throughout the country. For the Libyans who fled during the conflict, both internally and abroad, return to their places of origin will be conditional on several factors including, in addition to security, a functioning public infrastructure, such as schools and health facilities; measures to eliminate unexploded ordnance; the availability of clean water; and opportunities for livelihoods.

Issues of emergency shelter, land and property will also need to be addressed, given the serious damage in places such as Misrata and the occupation of public buildings and open spaces by IDPs during the return process. For many IDPs unable or unwilling to return, reconciliation as part of a broader transitional justice framework is likely to be critical to ensure peaceful coexistence between communities. Given the large quantities of unsecured firearms, abandoned ordnance, the proliferation of small arms among the general population and the presence of multiple armed groups, security will remain a challenge for all persons of concern.

Refugees and asylum-seekers will also face an uncertain future in the post-conflict environment. Third-country nationals, refugees and asylum-seekers who have been displaced alongside Libyan civilians have lost their livelihoods and face increased risks of arrest and detention. In the future, protection space will be closely linked with the development of Libya's new migration policies. At the same time, there could be unparalleled opportunities for advocacy with the new Government to develop progressive national asylum policies, including accession to the 1951 Refugee Convention.

Main objectives and targets for 2012

Favourable protection environment

International and regional instruments are acceded to, ratified or strengthened.

• Advocacy is conducted for 80 government officials.

Public attitudes towards people of concern are improved.

• Relations with local and international media are established and sustained.

Fair protection processes and documentation

Access to and quality of status-determination procedures is improved.

• Twelve training and capacity-building sessions on refugee status determination are undertaken.
• A government or UNHCR status-determination procedure is in place.

Community self-reliance

Peaceful co-existence with local communities is promoted.

• Twenty peace-building and co-existence projects benefiting host communities and displaced communities are implemented.

Durable solutions

The potential for resettlement is realized.

• Some 1,000 resettlement cases are identified, including women and girls at risk.
• Some 200 refugees are resettled on an emergency basis.
• Standard Operational Procedures (SOPs) are established.
• Strategy for preventing fraud is implemented.

Leadership, coordination and partnerships

Coordination and partnerships are strengthened,

• Partnerships on migration issues are established with national and regional actors.

Strategy and activities in 2012

UNHCR's strategy in 2012 will focus on re-establishing protection and assistance for refugees and asylum-seekers, and identifying durable solutions in the new Libyan context. In the absence of national legislation and asylum mechanisms, UNHCR will conduct and strengthen registration and refugee status determination (RSD) and pursue durable solutions, including resettlement, voluntary repatriation and local integration, in cooperation with the Government.

As Libya moves toward early recovery and restoration of public services, basic cash assistance, medical care and educational support for vulnerable persons of concern will be vital to bridge the gaps and support self-reliance. With positive signals from the National Transitional Council, and in the framework of a newly established relationship with the authorities and the signing of an agreement by both sides, UNHCR will assist the authorities to establish national asylum institutions and, potentially, accede to the 1951 Refugee Convention.

UNHCR will also facilitate the sustainable return and reintegration of Libyan refugees from neighbouring countries and of IDPs within Libya. It will provide urgent assistance to the most vulnerable IDPs who are unable or unwilling to return to their places of origin. UNHCR has deployed mobile teams of lawyers, social workers and data specialists who will continue to track population movements and monitor the protection needs of returnees and IDPs.

Particular attention will be paid to emerging issues relating to housing and access to land and property. UNHCR will also build on its shelter damage assessments and mapping through pilot rehabilitation programmes for extremely vulnerable IDPs and returnees in heavily affected locations such as Misrata. People with specific needs will be assisted through, for instance, training and awareness programmes on sexual and gender-based violence, urgent referrals where required, and distribution of non-food items.

The sustainability of return and reintegration will be supported through quick-impact projects that will assist returnees and host communities, and through local community-based reconciliation initiatives. These will be accompanied by a comprehensive programme focusing on the improvement of public attitudes towards persons of concern to minimize the impact of xenophobia, racism and intolerance.

With Libya's transition to a human rights-sensitive society, UNHCR will continue to place strong emphasis on training and capacity building, including for local councils, law enforcement and key government counterparts. With an emerging and growing civil society, national NGOs, especially women's organizations, will also be supported in capacity building. UNHCR is participating with other UN agencies and the EU in a post-conflict needs assessment process that will lead into the formulation of a multi-agency recovery plan for Libya.

Constraints

While the post-conflict transition in Libya is expected to open significant new opportunities to uphold human rights and the rule of law; the political, operational and security environment remains uncertain and unpredictable. Much remains unknown in terms of the inclusiveness of the political process, disarmament and reconciliation between opposing factions in the new Libyan regime. In this context, UNHCR will need to respond promptly to pockets of vulnerability, as and when they are identified, and strongly advocate for the protection of refugees and asylum-seekers in Libya.

Organization and implementation

Coordination

The National Transitional Council is in the process of forming an interim government and holding national elections. As government ministries resume functions and new ministries take shape, UNHCR expects close coordination with the Ministries of Justice and the Interior, as well as other counterparts, such as LibAid and the Libyan Red Crescent.

Within the UN system, UNHCR will maintain its role as lead of the protection and emergency shelter clusters and will coordinate with and support the work of the United Nations Support Mission in Libya (UNSMIL). In areas related to human rights, rule of law and transitional justice, UNHCR will seek to develop, with the relevant services within UNSMIL, close synergies and, if possible, joint interventions.

Implementing and operational partners will continue to make a significant contribution to UNHCR's activities across all geographic regions in Libya, including in protection monitoring, shelter, distribution of non-food items and community services for persons of concern with special needs.

Financial information

The requirements for Libya have increased considerably from USD 6.2 million at the beginning of 2011 to USD 31.2 million as a consequence of the conflict in the country. While UNHCR will continue its work with all stakeholders in expanding the protection space for all persons of concern, the 2012 comprehensive budget foresees an increase in the provision of basic services, with particular attention to community-based activities.

Source: UNHCR Global Appeal 2012-2013

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