(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

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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