(FINAL DRAFT REV2) State of Libya The Presidential Council Government of National Accord National Team for Border Security and Management White Paper On Border Security and Management Reform in Libya Security Sector Reform Libyan Program on Border and Migration Governance
December 2019 TABLE OF CONTENTS Executive Summary Background Methodology 1. Introduction 1.1 Border Threats and Challenges 1.2 Immigration Challenges 1.3 Border and Migration Management Institutions .1 General Administration for the Security of Border Crossing Points .2 Passport, Nationality and Foreigners Affairs Authority .3 Department for Combatting Illegal Migration .4 General Administration for Coastal Security .5 Coast Guard and Port Security .6 Border Guards .7 Customs Administration .8 Airport and Port Authorities he Vision of Reform 1 The Need for Reform 1.1 Border Sector 1.2 Migration Sector 2 The IBM Concept 3 The Principles of Reform 4 The Reform Solution Institutional Framework 1 Inter-Ministerial Border Security and Management Steering Council 1.1 Secretariat of the Steering Council 1.2 National Coordinator on Border Security and Management 2 Border Agency (National Authority for Border Security and Management) 3.3 Inter-Ministerial Steering Committee on Migration 3.4 Migration Agency (Authority for Passports, Nationality and Migration Affairs) 4. Legislative Framework 4.1 Border Management Legislation 4.2 Rule of Law 5. Policies and Procedures 5.1 Personnel 5.2 Border Control 5.3 Investigation .4 Information Gathering .5 Risk Analysis 6 Data Protection 7 Ethics 8 Anti-corruption 9 Contingency . Human Resources and Training .1 Human Resources 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 3. 3. 3. 3. 3. 5 5 5 5 5. 5 6 6
6.2 Training and Capacity Building 7. Communication and Information Exchange 7.1 Intra-agency communication and information exchange 7.2 Inter-agency communication and information exchange 7.3 International communication and information exchange 7.4 Communication and information exchange with other stakeholders 8. Infrastructure and Equipment Annex 1 Organigram and mandate for The National Authority for Border Security and Management Annex 2 Organigram and mandate for The Authority for Passports, Nationality, and Migration Affairs Annex 3 English - Arabic glossary of terminology on border security and management TABLE OF FIGURES Figure 1 Relationship between Inter-Ministerial IBM Steering Council and the new and existing lead agencies Figure 2 The re-organisation of current border security and management agencies in the proposed reform model Figure 3 The Border Security and Management, and Migration Governance Framework Figure 4 Strategy, Business Strategy, and Action Plans Figure 5 The organisational structure of NABSM Figure 6 The organisational structure of APNMA
ACRONYMS AA - Airport Authority! APNMA - Authority for Passports, Nationality and Migration Affairs? BCP - Border crossing point BG - Border Guards BM - Border management CA - Customs Administration CAA - Civil Aviation Authority CCC - Command, Control, and Communication CGPS - Coast Guard and Port Security CSDP - Common Security and Defence Policy DCIM - General Directorate for Combatting Illegal Migration ECOWAS - Economic Community of West African States EU - European Union EUBAM - European Union Integrated Border Management Assistance Mission in Libya GACS - General Administration for Coastal Security GASBCP - General Administration for the Security of Border Crossing Points GNA - Government of National Accord IATA - International Air Transport Association IBM - Integrated Border Management ICAO - International Civil Aviation Organization ICMPD - International Centre for Migration Policy Development ID - Identity document IOM - International Organization for Migration ISPS - International Ship and Port Facility Security MWG - Migration Working Group NABSM - National Authority for Border Security and Management’? NTBSM - National Team for Border Security and Management PA - Port Authority PC - Presidential Council PMTA - Ports and Maritime Transport Authority PNFAA - Passport, Nationality and Foreigners Affairs Authority® RC - Reception centre Sometimes referred to as LAA (Libyan Airport Authority) In other documents referred to as the Migration Agency In other documents referred to as the Border Control Agency Previously called the Passport, Nationality and Foreigners Affairs Department PP GN -
EXECUTIVE SUMMARY The legal and policy frameworks of this White Paper have been established in connection with following documents and reports issued within the Libyan-EU cooperation in the area of Border Security and Management: - The 2012 EU Fact Finding Mission Report on “Integrated Border Management (IBM) Needs Assessment for Libya”, which delivered a comprehensive report analysing the Libyan border situation and advising on future IBM strategy for Libya. - The 2012 “Findings of the Joint EU-Libyan Discussions on a Potential Civilian CSDP Mission on Integrated Border Management”, which stressed that the Libyan border security related issues could only be addressed under the concept of Integrated Border Management according to international best practices. The above-mentioned document also established the aim of launching a White Paper on Integrated Border Management for Libya. - The 2016 “EUBAM Initial Mapping and Assessment Report” and the follow-up reports from 2017 and 2018. - The 2017 "Concept Note towards a White Paper on Border Security and Management Reform in Libya”, which was produced by the National Team for Border Security and Management (NTBSM)? in cooperation with international support led and coordinated by EUBAM Libya. The Concept Note was endorsed in 2018 by the Libyan authorities and launched the process of developing the present White Paper document. The White Paper primarily reviews the current border security and management system in Libya; identifies the gaps, deficiencies, and needs for reform in this sector; and proposes specific solutions aimed at introducing a national Border Security and Management structure, incorporating the IBM concept. The practical implementation of the border security and management solution, as suggested in this White Paper, would also contribute to the improvement of migration governance in Libya. Firstly, this White Paper describes the current situation at Libyan borders in order to identify the threats and gaps that have a major impact on the border and internal security of Libya. Areas where urgent mitigation measures would be highly relevant are suggested. Secondly, the document reviews the existing Libyan border and migration institutions and their capabilities. A set of changes, which would bring maximum benefit in the short and medium term, are proposed. ’ Established on 25 October 2016 by PC/GNA Decree 373/2016 and which formally started the “Libyan Integrated Border Management Program”
Thirdly, the White Paper proposes a coherent set of measures aimed at preparing Libya for the implementation of a fully-fledged border security and management system. The proposed border security and management solution would entail the establishment of two new institutions and an Inter-Ministerial Border Security and Management Steering Council: « A single border agency responsible for implementing border control at the air, land, and sea borders of Libya «e A migration agency responsible for handling sovereign matters (citizenship, passports, visas, IDs, migration, and asylum) «e An Inter-Ministerial Border Security and Management Steering Council to facilitate and ensure the implementation of the border security and management (incorporating IBM principles) strategies and action plans; and to guide the inter-agency cooperation between the new border agency, the new migration agency, and the existing Customs Administration. The relationship between the institutions is shown in the figure below. Inter-ministerial Border Security and Management Steering Council Customs Administration Border Agency Migration Agency Figure 1. The White Paper also recommends establishing an Inter-Ministerial Steering Committee on Migration responsible for policy development and national coordination in the migration sector. The three separate agencies mentioned above will also be part of the coordination framework ensured under that committee. The reform solution and the border security and management model proposed in this document are tailored to serve the Libyan-specific IBM needs in the area of border security and management including migration governance.
BACKGROUND The framework of the general policy of the Libyan state is to reform and restructure its institutions in line with good governance standards. Due to the challenges and threats to Libyan border security, special attention has been directed to the priority of reforming the area of border security and management including migration governance. NTBSM was established in 2013 (PC Decree No. 216) and re-established in 2016 (PC Decree No. 373). NTBSM, an inter-ministerial body, consists of members from the relevant Libyan authorities and was tasked to develop an IBM strategy. NTBSM drafted, with EUBAM Libya's support, the "Concept Note towards a White Paper" on border security and management reform in Libya, which was endorsed by the PC on 11 March 2018. This launched the on-going process of planning comprehensive national border security and management reform. This need was reconfirmed by the findings of the institutional assessment carried out in 2018 within the EU-financed project “Strategic and Institutional Management of Migration in Libya” implemented by ICMPD and the NTBSM. The members of the NTBSM are from the following Libyan authorities: e Ministry of Defence and its institutions (Border Guards (BG) and the Coast Guard and Port Security (CGPS)) «e Ministry of Interior and its institutions (General Administration for the Security of Border Crossing Points (GASBCP), General Administration for Coastal Security (GACS), Passport, Nationality and Foreigners Affairs Authority (PNFAA), General Directorate for Combatting Illegal Migration (DCIM)) e Ministry of Finance (Customs Administration (CA)) e Ministry of Transport (Ports and Maritime Transport Authority (PMTA)) «e Ministry of Justice «e Ministry of Foreign Affairs «e Intelligence Service METHODOLOGY The present White Paper is the result of joint study and research work carried out by the NTBSM and EUBAM Libya, assisted technically by ICMPD. For research purposes extensive desk reviews were completed, including a number of different studies and documents circulated by the Libyan Government, international organisations, and from open sources. Findings were discussed and the document was developed during a number of working sessions and expert activities such as conferences, seminars, workshops, and study visits aimed at exchanging experiences. During the research process, the NTBSM has updated the available data on
organisational structures and resources (staff, training etc.) and has shared information on the latest developments in relevant areas. The whole process was constantly guided by human rights principles and advised by human rights expertise. Specific data disaggregated by sex and ethnicity has not been included in this paper. Only claimed numbers of employees within security and management organisations have been included. 1. INTRODUCTION 1.1. Border Threats and Challenges Libya is the fourth largest state by territory on the African continent with a total area of 1,775,999 km?, a land border of 4,348 km and a coastline on the Mediterranean of 1,770 km. Libya has a total population exceeding 6 million inhabitants. Most of the vast surface of the country is desert with few inhabitants or urban structures. The Libyan desert is difficult to monitor and control for a number of different reasons. Physical factors include the vast sprawling borders, the hostile environment, and the difficulties in the terrain. While geopolitically, the Libyan state shares borders with countries which often suffer from instability. These factors pose a particular challenge for the Libyan authorities and require a redoubling of efforts and more resources to ensure law and order at its frontiers. Several models for border management in desert regions have different implications for organisational structure and border management policies. Libya borders six states: Tunisia and Algeria in the west, Niger and Chad in the south, Sudan in the southeast, and Egypt in the east. Some of these neighbouring countries, as well as other sub-Saharan nations beyond, have much higher populations and weaker economic situations. Accordingly, Libya is both a transit point for migration as well as a destination country, seen by migrants to provide better opportunities for economic well-being and security. In the aftermath of the 2011 Libyan revolution, the lack of effective government and agency command, control, and communication; damaged infrastructure, as well as insufficient cross-border cooperation with neighbouring countries, were all contributing factors leading to a significant deterioration of the border security situation. Libya is a hub on the routes of regular movement of people and goods between Africa and Europe, and between the Middle East and Maghreb regions. Such movement is strongly intertwined with cross border organised crime networks. Therefore, the security of Libya is directly linked to that of the neighbouring countries in the Sahel region and impacts upon security in the Mediterranean basin.
The inadequate control of the Libyan borders has attracted increasing irregular migration flows. Consequent threats include smuggling of goods, drugs trafficking, movement of terrorists, and weapons proliferation across the borders of the region. Smugogling patterns into and through Libya have drastically changed since 2011. Smugglers have become organised into criminal networks. Armed groups have become involved in smuggling operations, either directly or indirectly through the provision of protection to smugglers. The use of trans-Saharan routes has thus evolved from informal trade of regular goods to smuggling and trafficking of migrants, weapons, drugs, fuel, and cigarettes. In this context the irregular migrants often become victims of trafficking. On the initiative of the Libyan authorities, and in cooperation with international experts, a risk assessment was carried out in 2013,° which resulted in identifying 38 existing and emerging security threats of great concern. The threats are grouped into four main clusters: Security of the Citizen, Security of Society, Security of the Institutions, and Security of the Nation. Out of the 38 threats, and in no particular order, eleven can immediately be considered to have a direct impact on Libyan border security and management: “Trafficking of Migrants, Illegal Residency of Migrants, Terrorism, Armed Groups, Influence of Foreign Groups, National Identity Fraud, Institutional Corruption, Cross Border Organised Crime, Smuggling of Subsidised Goods, Illegal Fishing, and Sea Pollution”. 1.2 Migration Challenges Since the turn of the century, the double movement of both legal and irregular migration flows into and through Libya have steadily increased, given its geographical location between African countries, the Middle East, and Europe. ‘Circular migration’’ between Libya and sub-Saharan Africa has been common since at least the 1980s. Despite Libya’s challenges, remittances from migrant labourers currently in Libya remain an important source of income for their families in other African countries. 6 The paper on a “Security Strategic Vision” commissioned by the Libyan Mol and Mo) drafted by a team of Libyan experts from relevant ministries and administrations and supported by experts provided by the European Project Security and Justice support programme. Circular migration or repeat migration is the temporary and usually repetitive movement of a migrant worker between home and host areas, typically for the purpose of employment. It represents an established pattern of population mobility, whether cross-country or rural-urban. 10