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Libya: Information on the treatment of Libyan citizens who return to Libya after overstaying their exit permission (1998-2001)

No information on the treatment of citizens who return to Libya after overstaying their exit permission could be found among the sources consulted by the Research Directorate.

A representative of the Embassy of the Socialist People's Libyan Arab Jamahiriya in New York stated during a telephone interview that Libyan citizens who are in possession of a valid passport and visa do not require permission to exit Libya (29 Nov. 2001).

According to a report submitted to the United Nations Human Rights Committee, Article 3 of the Great Green Document on Human Rights states that "members of the society of the Jamahiriya enjoy freedom of movement and residence in time of peace," and Article 20 of the Promotion of Freedom Act provides that "in time of peace, every citizen has the right to freedom of movement and freedom to choose his place of residence, as well as the right to leave the Jamahiriya and to return thereto whenever he wishes" (15 Oct. 1997).

Information contained in both the January 1998 and November 2001 versions of Travel Information Manual indicates that Libyan nationals do no require an exit permit to leave Libya.

This is corroborated by the Canadian Chargé d'Affaires in Tripoli, who provided the following information in correspondence dated 9 December 2001:

Libyans do not need an exit permit to leave the country. This is in contrast to some years ago when apparently they did. Foreign workers need exit/reentry permits to leave, ostensibly to ensure that their work and tax obligations are up to date.

Having said that, however, the exit of Libyan citizens is somewhat controlled, mainly through passport checks at exit points, for normal law enforcement purposes including those arising out of situations pertaining to military service or family law. Also, it should be noted that exit restrictions can be implemented quickly and unexpectedly, such as the recent short term ban on males from 15-35 undertaken during the current situation where there were fears of young Libyans going to Afghanistan.

This information contradicts that provided in the 2000 edition of Country Reports, which reports that the Libyan government "requires citizens to obtain exit permits for travel abroad" (2001). Similar statements are included in previous issues of Country Reports covering the years 1994 to 1999. Attempts to obtain clarification from the US Department of State were unsuccessful within the time constraints of this response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Canadian Embassy, Tripoli. 9 December 2001. Correspondence with Chargé d'Affaires.

Country Reports on Human Rights Practices for 2000. 2001. United States Department of State. <http://www.state.gov/g/drl/rls/hrrpt/2000/nea/index.cfm?docid=802> [Accessed 28 Nov. 2001]

Embassy of the Socialist People's Libyan Arab Jamahiriya, New York. 29 November 2001. Telephone interview with representative.

Travel Information Manual (TIM). November 2001. "Libya." Amsterdam: TIM.

_____. January 1998. "Libya." Amsterdam: TIM.

United Nations High Commissioner for Human Rights (UNHCHR). 15 October 1997. CCPR/C/102/Add. 1. "Third Periodic Reports of States Parties Due in 1995: Libyan Arab Jamahiriya." <http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/02ce59ea665f4362802565a900409714?Opendocument> [Accessed 29 Nov. 2001]

Additional Sources Consulted

IRB Databases

Libyan Human Rights Commission

NEXIS

Passport Handbook

US Library of Congress

WNC

Internet sites including:

Amnesty International

Human Rights Watch

University of Minnesota Human Rights Library