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Libya and Illegal Transit Migration: an Examination of the Causes, Dynamics and Experience

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Libya and Illegal Transit Migration: an Examination of the Causes, Dynamics and Experience LIBYA AND ILLEGAL TRANSIT MIGRATION: AN EXAMINATION OF THE CAUSES, DYNAMICS AND EXPERIENCE Submitted by Souad Mohamed Ali Fadel To the University of Exeter as a thesis for the degree of Doctor of Philosophy in Arab and Islamic Studies, January 2014 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 1 DEDICATION In the Name of God, the Most Gracious, the Most Merciful This work is dedicated with heartfelt gratitude in memory of my dear and honoured father, and to my beloved mother. 2 ABSTRACT This study investigates how illegal migrants from African countries crossed Libya’s land and maritime boundaries with the aim of reaching Europe, and the reasons why Libya became both a transit and a destination country. In evaluating the appearance and subsequent development of the phenomenon of illegal migrants transiting through Libyan territory to Europe, the study examines the appropriate regulatory and administrative frameworks and the requirements for entry into, residence and/or employment, and departure from Libya. It looks at how the Libyan authorities have dealt with illegal migrants who, after being caught crossing Libya’s land borders, were detained in camps inside Libya, or were intercepted at sea while they were trying to reach Europe. It questions whether or not the Libyan authorities were serious about, or even interested in controlling the flow of illegal migrants through Libyan territory. Based on detailed information obtained from a questionnaire and interviews with a large sample of illegal migrants (as well as with Libyan officials), facts were collected about the experiences of these illegal migrants, in order to establish their motives for choosing Libya as a transit country. Once they had entered Libya, their experiences in Libya were in fact not unpleasant, and those caught by the police and detained in the camps were reasonably well-treated. Many respondents whose initial attempt to reach Europe had not succeeded were prepared to repeat the journey, and most regarded the assistance they had received and the money they had paid as good value. The study concludes that Libya was in effect an open space for both legal and illegal migrants, who planned either to stay in Libya illegally or to transit illegally to Europe via Libya, and that the whole process took place with the full knowledge of the Libyan government. 3 ACKNOWLEDGEMENTS My respect and sincere gratitude go to my supervisor, Professor Tim Niblock, for his continuous support throughout the period of this research, both academically and in helping with some difficult personal circumstance. His patience has helped me to see this project through to its conclusion. I thank the Institute of Arabic and Islamic Studies at the University of Exeter for the opportunity to study for this degree. The kind and professional help given to me by the staff and librarians of the Institute is very much appreciated. I acknowledge with thanks the help of the personnel of the Libyan Interior Ministry, especially the late Abdul-Fattah Younis, former interior minister, as well as the managers and employees of Libya’s Directorate of Passports and Immigration, senior officials of the camps sheltering illegal migrants in Libya, and staff in the Department of Computer and Information Management. I also thank the staff at the Tripoli Office of the United Nations International Organization for Migration for their assistance. My respondents are also thanked for their cooperation and valuable contribution to the research. I am grateful to the proof-reader who helped me in refining and editing the thesis manuscript. Appreciation is also due to my friends and colleagues, particularly those who assisted me during my stay in Britain and became like my family. My sincere thanks are also due to my sisters Hana, Najah, Ibtisam and Manal for their continuous encouragement and prayers. I am too, very grateful to my brothers for their great confidence in me during my study: Ali who gave valuable support; Abdullah who kindly helped me from the first step towards pursuing this degree; and Ibrahim. Finally, I thank all members of my family, especially Wesam and Maram. I will always remember their supportive visits to me while I was doing my research degree. These visits really sustained me. Finally, deep gratitude to my kind husband, Ali, for his care and understanding throughout my postgraduate study in the UK, and also to my precious little daughter Ranad (Nano), who patiently tolerated the challenge of living abroad with me. I thank her for her steadfastness and give her my love. 4 TABLE OF CONTENTS Abstract ..................................................................................................................................3 Acknowledgements ……………………………..……………...……………………..…....4 Detailed Table of Contents …………………………………....………………….……......6 List of Tables and Figures …………………………….…………………………..……...13 Appendices Appendix 1- Field Work Photos in Libya ....................................................................254 Appendix 2- The Questionnaire ....................................................................................258 Appendix 3- Statement of the Libyan Leader Muammar Al-Qadhafi in the African Union/European Union Ministerial Meeting on Migration and Development... 265 Appendix 4- Statement of the Libyan Leader Muammar Al-Qadhafi at the General Assembly of the United Nations.............................................................................280 Bibliography ......................................................................................................................304 5 DETAILED TABLE OF CONTENTS Chapter One Introduction to International Migration in Libya ............................ 20 1.1. Introduction ............................................................................................................. 20 1.2. Background to the Study ......................................................................................... 21 1.2.1. The History of African Migration ........................................................................ 21 1.3. The Research Question ............................................................................................ 26 1.4 Significance of the Study ......................................................................................... 27 1.5. Definitions of Immigration, Aliens and Illegal Immigration .................................. 28 1.5.1. Immigration .......................................................................................................... 28 1.5.2. Aliens .................................................................................................................... 29 1.5.3. Refugees ............................................................................................................... 29 1.5.4. The Work Permit .................................................................................................. 31 1.5.5. Unauthorized Migrants, Illegal Migrants and Undocumented Migrants .............. 31 1.5.6. Human Smuggling ................................................................................................ 32 1.5.7. Human Trafficking ............................................................................................... 32 1.5.8. Transit Areas of Migration ................................................................................... 33 1.6. Research Methodology ............................................................................................ 33 1.6.1. Context of the study .............................................................................................. 34 1.6.2. Data Collection and Analysis Methods ................................................................ 35 1.6.3. Primary Data ......................................................................................................... 36 1.6.4. Semi-Structured Interviews .................................................................................. 36 1.6.5. Questionnaires, Observations and Informal Discussions ..................................... 37 1.6.6. Triangulation of Information and Multiple Sources ............................................. 38 1.6.7. Justifying the focus on illegal migrants in Libyan illegal immigration camps .... 38 1.7. Outline of the Study ................................................................................................. 42 1.8. Limitations and Difficulties of the Study ................................................................ 43 Chapter Two Global Importance of International Mobility and Migration Issue 45 2.1. Introduction .............................................................................................................. 45 2.1.1. Understanding Western Policies on Migration Flows .......................................... 45 2.1.2. Illegal Migration in North Africa ......................................................................... 47 6 2.1.3. Libya and Illegal Immigration .............................................................................. 50 2.2. Trends, Patterns and Nature of International Migration
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