U.S. Department of State 2007 Trafficking in Persons Report - Libya

Libya (Tier 2 Watch List)

Libya is a transit and destination country for men and women from sub-Saharan Africa and Asia trafficked for the purposes of forced labor and commercial sexual exploitation. While most foreigners in Libya are economic migrants, some are forced into prostitution, or forced to work as laborers and beggars to pay off their $500-$2,000 smuggling debts. In previous years, there were isolated reports that women from sub-Saharan Africa were trafficked to Libya for the purposes of commercial sexual exploitation. Although precise figures are unavailable, an estimated one to two percent of Libya's 1.5 to 2 million foreigners may be trafficking victims.

The Government of Libya does not fully comply with the minimum standards for the elimination of trafficking, but is making significant efforts to do so. Libya is placed on Tier 2 Watch List for its lack of evidence of increasing efforts to address trafficking in persons over the last year, particularly in the area of investigating and punishing trafficking offenses. This year, Libyan law enforcement officials participated in training aimed at awareness-raising and building capacity to combat trafficking challenges. However, the government continues to summarily deport those it considers to be illegal economic migrants without adequate screening to determine whether any are victims of trafficking. Libya also did not adequately investigate or punish trafficking offenses. Libya should take steps to enact a comprehensive anti-trafficking law criminalizing all forms of trafficking, formalize identification procedures to identify victims of trafficking among illegal migrants, and protect identified victims. In addition, Libya should continue training for law enforcement officials to identify trafficking victims and refer them to available protection services.

Prosecution

The Government of Libya demonstrated no law enforcement efforts to punish trafficking in persons during the reporting period. Libya's laws do not prohibit trafficking for commercial sexual exploitation or involuntary servitude. The government provided no date on criminal investigations, prosecutions, convictions or sentences for trafficking offenses this year. According to news sources, in March, the government brought charges against an individual who attempted to deceive 20 Indians into involuntary servitude; this person, however, was not adequately punished. In addition, widespread corruption in the country may facilitate trafficking, but the government did not investigate the extent of this practice. The government should take steps to enact a comprehensive anti-trafficking law, and continue to train and sensitize law enforcement officers, prosecutors, and judges on anti-trafficking measures. Libya should also investigate any allegations of trafficking and criminally prosecute the traffickers, including employers that withhold workers' passports or physically abuse employees.

Protection

Libya did not provide protection to victims of trafficking over the past year. In conjunction with IOM, the government provided in-kind support to a program that trained 90 mid-level border police along the Libya-Niger border in victim identification. Nonetheless, trafficking victims were susceptible to punishment for unlawful acts committed as a result of being trafficked during the reporting period. For instance, victims, intermingled with illegal migrants, may have been deported without receiving medical, psychological or legal aid. Women found engaging in prostitution, including victims of sex trafficking, may be deported along with other illegal immigrants. Since Libya does not actively investigate traffickers, the government did not encourage victims to assist in investigations of their traffickers. Summary deportations of illegal immigrants could leave trafficking victims open to removal to a country where they would face hardship or retribution. Though Libya has taken initial steps to train border officials on identifying trafficking victims and referring them to any available protection services, Libya should institute a formal victim identification mechanism and referral system. The government should also refrain from punishing victims, and should significantly improve the protective services offered to them, including medical, psychological, and repatriation assistance.

Prevention

During the year, Libya took minimal action to prevent trafficking in persons. Given the connection between human smuggling and trafficking, the Ministry of Interior formed a task force to combat passport and document fraud, thereby asserting greater control over Libya's porous southern borders. Libya continued to cooperate with European governments to stem the smuggling of illegal migrants, though few projects are specifically intended to prevent trafficking. The government should consider establishing a broad public education program to raise awareness on the dangers of trafficking.