Delegation for relations with the Maghreb countries and the Arab Maghreb Union (including Libya)

Third European Parliament/Libya interparliamentary meeting 17 to 20 April 2005 Tripoli (Libya)

Report by the Delegation chairman

Luisa Fernanda Rudi Úbeda

Introduction

Following a first European Parliament Delegation visit to Libya in June 2002 and a return visit to in January 2004 by a delegation of members of the General Congress of the Libyan People, the third interparliamentary Meting took place in Tripoli (Libya) on 18 and 19 April 2005.

The Delegation, headed by its chairman, Luisa Fernanda Rudi Úbeda, comprised: second deputy Delegation chairman Simon Busutill, Rosa Díez González (PSE), Hélène Flautre (Verts/ALE), Lydie Polfer (ALDE), Giusto Catania (GUE/NGL), Girts Kristovskis (UEN) and Edward McMillan-Scott and Boguslaw Sonik (PPE-DE).

Despite the fact that both the Libyan Ambassador in Brussels and the Libyan Government itself have been, at every stage, favourably disposed with regard to the holding of these interparliamentary meetings and to ensuring their success, and the fact that an atmosphere of frankness prevailed at all the meetings we held, it must be observed that a higher political level in the interviews would have been desirable, as would adherence to the agenda as originally planned.

The various meetings dealt mainly with: immigration, the Benghazi trial and the integration of Libya into the Barcelona Processes

Immigration1

Immigration was one of the horizontal issues which cropped up in virtually all meetings with the Libyan authorities. According to the various spokesmen, such as the Director-General of Consular Affairs or the European Affairs Director, the existence of thousands of kilometres of

1 In November 2005, a Technical Committee from the Commission, collaborating with experts from the Member States, visited Libya. When the EP Delegation was in Libya, the Commission report had not yet been published. As the Consulate Affairs Director of the Libyan Foreign Ministry mentioned, the report does not reflect objective facts, but contains political value judgments, despite the fact that the Commission apparently had access to all the requisite information.

CR\569969EN.doc PE 358.848

EN EN

shared frontiers with neighbouring countries to the south and the east and with the Mediterranean made efficient border controls impossible.

At present, we were told, there are 1.5 million immigrants in the country; out of a total population of 5.5 million, this represents a serious problem. Diplomatic representatives in Libya claim that 500 000 of these 1.5 million have residence permits, which leaves a million who are waiting for an opportune moment to get to Europe.

We are not speaking about political refugees but immigrants, including from as far away as Sri Lanka and Bangladesh, who for economic reasons enter Libya via Somalia, where there is currently no organised state authority. Nonetheless, the networks of traffickers, using mafia-type structures, also get immigrants from Niger, Senegal, Ghana, Nigeria, Egypt, Mali and Cameroon into Libya. Hand in hand with this go real human tragedies: many get lost in the desert and die of thirst, whilst others are lost at sea.

The Libyan spokesman said that the large number of immigrants represents not only a serious problem for Libya's economy and society, but also a threat to security in Libya and in Europe.

The emigrants who arrive in the large towns in most cases find work, providing they are in possession of identity documents. Others, above all those emigrants arrested without papers, are put in camps and deported as and when possible. However, this creates a logistical problem, since Libya possesses no adequate means of transport, and cooperation with the Nigerian and Ghana embassies is particularly problematic. Apparently, 26 000 of the 50 000 refugees returned voluntarily to their country last year. Others chose to leave Libya for Italy, particularly for Lampedusa.

The Delegation had an opportunity of visiting one of these camps (see below). Such camps currently hold some 52 900 immigrants, which represents a considerable financial burden for Libya. Of a total 9 million euros made available by the Commission, Libya receives only 1.5, a sum which the Libyan spokesman viewed as absolutely inadequate, saying that what would actually be required is 24 million euros. Since 2004, an Assistance Agreement has been reached with the IMO (International Migration Organisation), which will shortly be opening an office in Libya.

An agreement likewise exists with Italy for repatriating immigrants. However, it appears that this agreement does not really solve the problem. On behalf of all the members of the Delegation, the chairman stated the importance of establishing medium-term social and economic reform policies in the countries that are the source of the migratory flows, so as to improve living conditions and thus dissuade the inhabitants from leaving. Here, the EU should foster investment programmes in these countries, devastated as they are by poverty. This is even more urgent, if that were possible, given the rising population in the countries concerned.

The Nigerian population, for example, is forecast to rise from its present 170 million to 250 million by 2020. However, the chairman acknowledged that the results of such policies make themselves felt only in the long term, which means that active steps needed to be taken both in the fight against the racketeers and in disseminating information pointing out that conditions in the countries of destination are not as easy as people expect.

PE 358.848 2/7 CR\569969EN.doc

EN

The Benghazi trial

On 9 February 1999, five Bulgarian nurses, a Bulgarian doctor, a Palestinian doctor and Libyan health personnel were accused of deliberately infecting some 450 children with HIV/Aids in a Benghazi hospital. The five nurses and the Palestinian doctor were sentenced to death on 6 May 2004, while the Bulgarian doctor was initially sentenced to four years in prison (and then later released). All the Libyan health personnel, on the other hand, were declared innocent. The High Court had planned to publish its definitive and binding sentence on 31 May 2005, but it has postponed the decision for a further six months. Some 40 children have so far died.

At all the meetings held, the chairman, on behalf of all the Delegation members, asked about the situation both of the children and their families, and of the health personnel being held in prison.

Each time, the Libyan authorities cited the independence of justice and of the Libyan courts, which made it impossible for the government to intervene.

However, the Libyan spokesmen said that a solution could be found if the families were to receive economic compensation. In that case, the Libyan Government would be able to intervene. The solution is apparently based on Sharia, which allows for a penalty to be waived in cases where economic agreement between victim and aggressor is reached.1

One of the Delegation members referred to the existence of numerous irregularities during the trial, e.g. the fact that the confessions of the accused had been obtained under torture; that the accused had not been provided with interpreters; that the entire Libyan health personnel had been declared innocent without any reasons being given, despite the fact that initially they had been accused; and that the Court had discounted Mr Montaigner's expert opinion that the children had been infected before the Bulgarian medical personnel had anything to do with them. In response, the Libyan spokesman claimed that all judicial guarantees had been respected, and that the Bulgarian ambassador, international representatives and the press had been able to attend the trial.

The Barcelona Process

This issue was mostly dealt with in conversation with Mr Ramadán Bark, the Foreign Ministry's European Affairs Director. He voiced Libya's interest in closer cooperation with the EU; since the Stuttgart Summit, Libya has participated in the meetings as an observer.

The decision to join the Barcelona Process was up to the People's Congress, which was currently debating the issue. Apparently, there would be a majority in favour of joining, since this would bring economic advantages for Libya and the African Union. However, doubts remained with regard to the role of the African Union in this context. The Commission had apparently been informed of all these problems, and Libya was in contact with the other Maghreb countries in this connection.

1 In connection with the Delegation visit, diplomatic sources indicated that the compensation asked for could be seen as a reaction to the Libyan compensation paid out in the Lockerbie, UTA and La Bell discotheque () cases.

CR\569969EN.doc 3/7 PE 358.848

EN

During our meeting with W. Dabbass, MP, President of the 'Yamahirija Thought Academy', the Delegation indicated that respect for human rights was an essential part of the Barcelona Process. Dabbass said that human rights were not respected in France, for example, when women were not allowed to wear head scarves. He also made a specific point with regard to the separation of powers: while people generally spoke about the separation of powers, in Libya there was a distinction made between powers. Western countries ought to respect different definitions and usages. Dabbass said that otherwise, he did not believe that any understanding could ever be reached.

At our meeting with the EU ambassadors, we were told that the Libyan political leadership had yet to take a decision, since they did not have a clear view of the consequences of potential Libyan involvement in the Barcelona Process (i.e. what they were going to get by joining, and what they were going to be asked in return). However, the Foreign Ministry apparently takes a positive attitude to joining.

The African Union

This issue was mainly dealt with during a meeting with Mr Ali Triki, Secretary of the African Union.

He said that Libya was the driving force of the African Union, and funded 55% of its costs. Since it had been set up, progress had been made towards setting up a common court, a common defence policy, the free circulation of goods, and also in the fight against poverty and against diseases like AIDS or malaria. At the last summit meeting, in Algiers, it had been agreed to set up a Parliament, whose composition was pending the appointment of its members. He also highlighted the seriousness of the problem of poverty and immigration in Africa, and its consequences for Libya.

The Ghaddafi Foundation

The Swiss-registered Foundation describes itself as an independent non-governmental organisation mainly devoted to humanitarian work. Its objectives, according to its Executive Director, include:

- respect for human rights and the fight against torture in the Middle East, - cooperation with the UN's work on helping refugees (a conference with the Commission is to be organised in the near future), - working with the Commission in connection with the Benghazi trial; facilitating contact with the prisoners, making it possible for Mointagner to appear as an expert before the Court, ensuring access to the trial for journalists and diplomats, and drawing up a schedule of work in cooperation with the Commission, - compensating the victims of the 'La Belle' discotheque in Berlin, - providing aid for the 400 Moroccan soldiers being held in Algeria, and the displaced people of Darfur.

PE 358.848 4/7 CR\569969EN.doc

EN

A report on the Foundation's activities was to be published shortly, with contributions from President Bouteflika and the German Chancellor, Gerhard Schröder. It also dealt with the successful solution of the Indonesian hostage-taking.

Meeting with representatives of UNHCR

The Commissioner for Refugees dealt with assistance to political refugees - 3000 of whom are currently registered - stemming mainly from Liberia, Sierra Leone, Palestine and Somalia. Despite the fact that Libya has signed the Convention of Refugees and the provisions of the UAU, and particularly Article 1 on political refugees, the UNHCR representative did not believe that there is any regulated procedure for recognising political refugee status.

He said that cooperation with the Foreign Ministry was very complicated; e.g. UN workers who intended to visit Libya in the next few days were still waiting for their visas. The Ministry had likewise not yet agreed to take part in joint working seminars. Positive results were hoped for from cooperation between the EU and Libya, and from the Commission's report.

Visit to a refugee camp

Following a meeting with the Foreign Ministry's Directive of Illegal Immigration, the Delegation visited a refugee camp in Tripoli which houses approximately 100 refugees, most of them from Nigeria and Ghana. On entering the courtyard, we were greeted with loud protests from the refugees, who were cut off from the courtyard by barred doors. It was impossible to hold a fluent conversation with them; their complaints concerned above all the meeting of basic needs.

We were then introduced to some of the refugees. One of them, on leaving, said '(Libyans) do everything they can'. Most of the Nigerian refugees were to be repatriated to Lagos on charter flights the following day. The camp administrators said that on being repatriated, the refugees received 100 dollars compensation.

Meeting with Mr Suhumi, chairman of the People's Congress Foreign Affairs Committee

Here, the following were dealt with:

- Illegal immigration:

The 5 + 5 Countries Summit in Tunis had tackled this issue, and decided to set up an interministerial working party. Should it fail to make progress, the EP's delegations for relations with the countries of the Maghreb should deal with this issue and put forward proposals. Mr Suhumi went as far as suggesting that the EP and the People's Congress draw up a joint proposal before the next summit. He deplored the fact that human rights were still not fully respected in the way in which refugees were treated, and he highlighted the problem of the racketeers and the destruction of passports.

- Maghreb Arab Union (MAU) - EU relations:

CR\569969EN.doc 5/7 PE 358.848

EN

In 1991, under the chairmanship of Mr Cheysson, a French MEP, there had been a meeting between the Maghreb Arab Union and the EP's delegation for relations with the countries of the Maghreb. Since then, four meetings have taken place, and Mr Suhumi proposed resuming relations and organising a meeting, offering Libya as a meeting place, despite the fact that Tunisia is currently President-in-office of the Union this year.

- The Benghazi trial:

Mr Suhumi recalled that whenever a foreign delegation visited, they asked about the health personnel but never about the children, and he went as far as to deplore the fact that the delegation had not visited Benghazi. However, the chairman told him that at one of the preparatory meetings with the Libyan ambassador in Brussels, she had suggested visiting Benghazi, and the ambassador had replied that such a visit was inappropriate.

As happened at all the meetings we held, Mr Suhumi once again referred to the independence of justice, and said that at the request of the Bulgarian ambassador, the rest of the Benghazi trail would take place in Tripoli, so as to prevent the courts being close to the victims (families). He also alleged that, like the press, the Commission had been in attendance at every single sitting of the court.

- Terrorism:

Mr Suhumi said that in the 1980s, state terrorism on the part of the USA had led to attacks on Libya. There had also been domestic terrorism, particularly that carried out by means of threats from Bin Laden. He expressly condemned the attack. Although some of the perpetrators were Muslims, he said that there was no reason to make a link between Islam and terrorism. Mrs Díez said that what was needed are a definition of terrorism, a common policy to fight it, determination and the mobilisation of all the instruments of the rule of law in defence of democracy.

- Barcelona process

Mr Suhumi was rather reproachful towards the EU for having failed to invite Libya to the Barcelona Process meetings, and even displayed some irony, alleging that if Libya had managed to live this long without belonging to the Barcelona club, it could continue to do so in the future.

- Opening-up of the country

In response to questions as to how Libya was preparing for opening-up, and above all how the population was being familiarised with the changed circumstances, Mr Suhumi said that once sanctions had been lifted, the country would be opened up to investors. To this effect, a five-year plan had been agreed with the international community. He believed that the USA and EU should acknowledge this new Libyan political landscape.

PE 358.848 6/7 CR\569969EN.doc

EN

Conclusions

Talks basically focussed on three issues: immigration, the Benghazi trial and the Barcelona Process.

By setting up reception camps for immigrants, Libya is attempting to tackle the growing problem of immigration. At the same time, a group of specialists under the direction of the Commission has drawn up a report on this issue, to be debated in the near future by the countries affected. In the opinion of the Libyan spokesmen we met, the problem can be resolved in the short term only by creating, in the countries of origin, economic conditions which will remove the incentive to emigrate to Libya.

The Delegation chairman raised the Benghazi trial at virtually every meeting held. The Delegation noted the Libyan side's references to the independence of justice, but expressed its doubts about this.

Libya has not yet adopted a decision to join the Barcelona Process. While the Foreign Ministry takes a positive attitude, officially doubts were expressed as to the possible consequences for Libya's relations with the countries of the African Union. Specifically, the Delegation highlighted the importance of respect for human rights. Here, the Delegation pointed out that the Barcelona Agreement involved not only economic advantages but also demanded respect for democratic principles, which are indivisible, and are not amenable to a range of interpretations.

CR\569969EN.doc 7/7 PE 358.848

EN