| Department? has taken an initiative to draft new legislation in the areas
of Smuggling of Migrants, Trafficking in Persons, and Human Rights.
However, the draft legislation needs to be aligned with international
standards before being considered for adoption.

Libya does not yet have a clear institutional coordination platform for
migration governance to define a policy and its priorities. It is accepted
that there is a need to establish a national coordination platform that
would further develop a policy on migration. In 2017 the Migration Working
Group (MWG) was launched; it is co-chaired by the Ministry of Foreign
Affairs and IOM. The MWG has been established as a forum for
coordination between the Libyan government and the international
community providing support to meet Libya’s needs. The MWG does not
coordinate the work of Libyan government agencies nor does it create or
implement policies.

Moreover, there is no dedicated migration agency for the implementation
of any policies or to take the lead on migration matters in the country.
There are some institutions that are leading on certain aspects of
migration governance, but none has a comprehensive mandate, covering
the entire issue. For example, the DCIM and the PNFAA are focused on
irregular migration, both from a security standpoint, and there is an
overlap between the mandates of the two organisations.

Therefore, the reform of the border security and management system
needs to be linked to a broader change in the migration governance
framework, at the strategic and policy levels and in implementation. At the
national level, migration governance requires political and institutional
leadership. With that, appropriate migration strategies can be defined, the
aim of which would be the promotion of orderly, legal migration and the
fight against irregular migration. Furthermore, migration governance
should ensure that risks and resources are managed, and defined
objectives are achieved. Appropriate and revised legislation that meets
international standards and accords with international human rights
principles is needed to strengthen management of borders. In addition,
cooperation among all relevant ministries should be promoted.'* This is
essential given the complex nature of migration and its need for a cross-
sector approach.

Thus, a coherent Libyan migration policy should serve as a reference
framework for effective governance of the migratory phenomenon that
takes into account the different categories of migrants (diaspora, legal and

"3 The Law Department is based on Law No. 06 of 1992. Tthe LD is the main body in Libya
in charge of drafting laws and regulations for the entire country and of providing
| opinions. The budget and administration is provided by Mol, but technical they answer
to the Libyan High Juridical Council.
Migration governance should ensure the establishment of strategies, policies,
measures, rules, decision-making and implementing bodies, monitoring and evaluation
frameworks that allow the proper functioning of migration management.

21

irregular migrants, asylum seekers and refugees, internally displaced
persons etc.).. The outcomes of the “Strategic and Institutional
Management of Migration in Libya” project could be utilised for this
purpose. In this context ICMPD has drafted, together with the NTBSM, a
primary report on the “Strategic and Institutional Management of
migration in Libya” and a paper on “Migration Legal Framework in Libya”.

2.2 IBM Concept

The escalating threats and challenges that countries are facing across
their borders drive the necessity to review their vision and strategy and to
provide an integrated and global response. The IBM concept has been
widely recognised by the international community as the best response for
efficient border operations, and has been adopted by many countries when
reviewing their official policy and strategy on borders. This is in line with
the best practice of EU member states and other countries in the world.

To implement IBM, sustained and coordinated political commitment and
efforts at national level is needed. IBM is certainly the best response to
border threats, as it mobilises all relevant institutions. It often requires
fundamental legislative and administrative changes in the national border
security and management system.

Increased mobility of persons and goods, the fear of terrorism, and the
menace of transnational crime mean that states need to ensure the right
balance between open but well-controlled and secure borders. IBM can
achieve both objectives.

Widely recognised benefits of IBM are:

Simplified and harmonised procedures (no duplication of efforts)

More effective use of resources overall and easier planning

Faster processing of people and goods

More effective detection of people traffickers and smugglers,

terrorists, and other criminals

« Faster and better sharing of information (better information
handling)

« Faster response to emerging risks and threats

«e Better border management overview for the government (from BM
to IBM)

«e Synergy and efficient resource allocation

« Clear chain of command and preserved control and communication
(CCC)

«®e Clear mandate to ensure the delineation of responsibilities and full
accountability

«e Common training strategy to increase professionalism among staff

Reforming border security and management is to be based on IBM
principles and a strategy that would guarantee the implementation of good

22

governance, transparency, accountability, streamlining coordination, and
of avoiding duplication, overlapping, corruption, and the waste of public
funds and resources.

According to the “EC Guidelines for Integrated Border Management”, IBM
is defined as the “national and international coordination and cooperation
among the relevant authorities and agencies involved in border security
and trade facilitation to establish effective, efficient, and integrated border
management systems, in order to reach the objective of open, but well-
controlled and secure borders”.'?

The EU IBM concept can and should be further customised to the Libyan
specific needs, as follows.

In principle a Libyan-tailored IBM concept should seek, as a minimum, to
establish and maintain a coordination, cooperation, and collaboration
mechanism between all relevant separate agencies involved in border
security and management. More ambitiously, it should aim to merge all
relevant institutions working in border security and management into a
single organisational structure. Such a structure would better enable
effective governance; a common border policy; a common training
programme; stronger command, control, and communication; effective
information handling; efficient resource management; and, enhanced anti-
corruption measures.

In general IBM consists of three pillars across two different dimensions.
The first dimension is a national one - the border management system -
which involves intra-service and inter-agency cooperation (pillar one and
two). The second dimension is international, which involves cooperation
with other countries and international organisations (the third pillar). With
both the national and international dimensions, cooperation is
implemented at local, regional, and central levels. The three pillars of IBM
are not strictly divided but have cross-cutting elements.

The IBM key pillars are defined as follows:

- Intra-Service Cooperation refers to procedures, exchange of
information, and resources within a ministry or organisation

- Inter-Agency Cooperation refers to cooperation and coordination
between different ministries or border management organisations,
as well as between the operational officers of the different
organisations active at the border and within the territory

- International Cooperation refers to cooperation in the field of border
security and management with neighbouring and other relevant
countries, and international organisations

15 Guidelines available, in English, at https://europa.eu/capacity4dev/ibm-eap/document/l-

qguidelines-integrated-border-management-european-commission-external-cooperation-
european

23

Moreover, in each of the three IBM pillars it is needed to examine six fields
(IBM key areas of intervention) in which cooperation and coordination
should take place, namely:

1. Regulatory/legislative framework
Institutional framework

Policies and procedures

Human resources and training
Communication and information exchange
Infrastructure and equipment

UBRWMN

The dimensions of the IBM (national and international) are implemented
through the four-tier access control model. This requires cooperation
between all actors involved in the implementation of the IBM concept.

The four-tier access control model consists of:

The first-tier where measures are taken in other countries, especially in
countries _of_origin and transit. Common measures under the first tier

include the placement of liaison officers or short-term training teams in
source and transit countries of irregular migration or transnational crime.
For example, these officers would work with local authorities to exchange
information and train consular and airport staff within the country to
improve document inspections.

The second-tier consists of cooperation and agreements with neighbouring

countries in the field of border management. For example, cooperation
may include establishing a network of contact points and formal channels

of communication, the exchange of information, and agreeing procedures
for handling incidents and emergency situations. Regional cooperation
structures across external borders should also be established in maritime
areas.

The _third tier of the model is border control (border checks and border
surveillance). Border checks represent the more traditional intervention at
borders, whereby travellers and goods entering or exiting the country are
assessed and permitted or denied entry or exit. Border surveillance aims
to detect illegal border crossings at land or via sea. Border control is a tool
for national crime prevention, as it detects and reveals other transnational
and border-related crimes.

The fourth tier comprises control measures within the country (including
return of migrants). A common measure includes the search for irregular
migrants or those who have breached the terms of their entry and stay in
the country. Similarly, the lawful investigation and detection of crime with
a transnational element (trafficking in drugs, weapons or humans) would
be a measure under this tier.

24

2.3 Principles of Reform

The principles of good governance are central to the border and security
management reform process and without them the reform will not be fully
effective. Consequently, the following principles should be applied:

e Needs driven - the reform strategy is tailored to the Libyan
needs and led by the relevant authorities

®e Rule of law - to ensure that all activities performed are legal and
justified

e Transparency - maintain an open process to ensure the decisions
and reasons behind them are open to scrutiny, consistent with
international standards

e Accountability - holding organisations and their officials
responsible for effectively delivering services, while treating
individuals fairly and according to the law

e Responsibility - within a streamlined mandate, clarity of who is
responsible for what (no overlapping)

e Value for money - to seek best value for money and ensure the
rationality of public spending

e Intelligence led - applying proactive intelligence driven
operations
e Institutional integrity - to ensure that the adoption and

implementation of anti-corruption laws and policies is a
prominent feature in any organisation

«e Data protection - to ensure that any personal or other data
collected is processed only according to the national legal
provisions

e Human rights - to ensure that respect for human rights is
embedded not only in laws and regulations but is also
mainstreamed in everyday activities

e Gender mainstreaming - to ensure that a gender responsive
approach is embedded in the reform process.

2.4 The Reform Solution

The need for reform has been recognised for some time. In 2012 the
Libyan Government established an Inter-Ministerial Committee on Border
Affairs to develop a vision for an integrated border management strategy
for Libya. In 2016, the Committee was re-established into the National
Team for Border Security and Management.

IBM has been recognised by the Libyan Government as the cornerstone of
the reform of the country’s border security and management. The
“Concept Note towards a White Paper on Border Security and Management
Reform in Libya”, drafted by the NTBSM with support from EUBAM Libya,
was approved by the Libyan Presidential Council on 11 March 2018. The

25

conclusions and recommendations of the Concept Note have set the
background and the ongoing development of the present White Paper
document.

The Concept Note recommended the solution of an overarching
coordination function above a new single border agency, a new migration
agency, and the existing customs administration.

This White Paper has built upon that recommendation. The reform solution
is based on the Libyan-tailored IBM concept (outlined at 2.2 above) and
recognises the significant need for Libyan migration governance reforms.
The proposal is for the creation of a single Border Agency (for border
control at air, land, and sea borders), a separate Migration Agency
responsible for handling sovereign matters (citizenship, passports, visas,
IDs, migration, and asylum). The existing Customs Administration prevents
the import and export of illicit and restricted goods and ensures the
collection of customs and excise duties. These three agencies will work
under the supervision of an Inter-ministerial Border Security and
Management Steering Council as shown in Figure 1 below.

Inter-ministerial Border Security and

Management Steering Council

 

 

Customs Administration Border Agency Migration Agency

The re-organisation of current agencies in the proposed reform is depicted
in Figure 2 below.

Figure 1

More specifically:
Inter-ministerial Border Security

- The single border
agency would be
the only authority |
in charge of
im plementing an ni iin? LIE?
border control at
air, land, and sea
borders, and shall
be established by

merging the BG, CGPS, GASBCP, GACS, and the Passport Control
Directorate of the current PNFAA. In addition, the border agency would
incorporate the investigative function currently held by DCIM.

- The migration agency would be in charge of handling sovereign matters
(citizenship, passports, visas, IDs, migration, and asylum) and shall be
established by merging the DCIM (minus its investigative function) with
the current PNFAA, without the Passport Control Directorate.

- The Customs Administration would retain its current organisation and
functions and to be the main responsible for the control of goods and
collection of excise and revenue.

In addition to the Inter-ministerial Border Security and Management
Steering Council, this White Paper also recommends establishing an Inter-
ministerial Steering Committee on Migration responsible for developing the
policy and ensuring national coordination in the sphere of migration
governance. The three separate agencies mentioned above (the new
border agency, the new migration agency, and the existing Customs
Administration) will take part, together with other institutions, in
coordination in the area of migration under this Committee. The Border
Security and Management and the Migration Governance framework is
depicted in Figure 3 below.

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: f Y : Akanszement is. 2 Agency 9 Committee ı \--..
: MoH ! wi EN N Pi on EN MoLG
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Figure 3

-

-

After implementing the institutional reform, relevant Libyan stakeholders
should jointly develop:

A national overarching border security and management strategy
(incorporating IBM and good governance principles), which
enumerates the strategic and operational objectives

After which, each of the organisations should develop their own
business strategy, giving effect to the principles and content of the
national overarching border security and management strategy
Finally, each of the organisations should develop their own action
plans, which describe the concrete actions that have to be taken to
reach the objectives of their own business strategy and contribute to
the achievement of the national overarching border security and
management strategy.

National
Strategy

PET TEE ECHTE

ft

"RuRlMUELE

 

Figure 4

These documents ensure a unified approach to border security and
management among all stakeholders. They will identify priorities and help
to obtain the political and administrative support for their implementation.
Furthermore, the documents can be used to support the request for
financial and technical assistance from the international community.

The border agency should take the lead in this process, as a national
coordinator and secretariat to the Inter-ministerial Border Security and
Management Steering Council, supported by the migration agency and
Customs Administration, who would collectively form the core team for this
process.

28

3. INSTITUTIONAL FRAMEWORK

The proposed reform solution foresees significant change to the
institutional framework for border security and management, including
migration governance. This will require legislative amendment, or the
creation of new laws.

The details of these new entities (Steering Council, Steering Committee,
and agencies) are outlined below.

3.1 Inter-ministerial Border Security and Management Steering
Council

The Inter-ministerial Border Security and Management Steering Council is
the decision-making body at the strategic level on border security and
management issues in Libya. It should consist of representatives from all
institutions who have a role in border security and management in the
country. The main tasks of the Steering Council are to ensure political
commitment to the overarching national border security and management
strategy and to oversee its implementation. Its members therefore need to
be of a sufficiently senior level, such as heads of agencies, under-
secretaries of state, or deputy ministers.

The responsibilities of the Inter-ministerial Border Security and
Management Steering Council include:

«e Identification of priorities in the area of border security and
management (including IBM) cooperation

«e Securing sufficient budgetary means, including from the national
budget or through external funding

«e Adoption of relevant official documents in the field of border security
and management or the initiation of legal procedures to allow those
documents to be adopted

e Monitoring and guidance for the drafting and implementation of the
national overarching border security and management strategy, and
each of the three organisations’ business strategies and action
plans, with regular updating of the documents in line with national
priorities

« Strategic coordination with neighbouring countries and other high-
level coordination bodies in the region

e Coordination and subsequent synchronisation of the work of all
bodies of the state administration involved in border security and
management

e Supervision of the work of the operational agencies (border,
migration, and customs)

«e Provision of guidance to all bodies of the state administration and
regional and local bodies in matters related to border security and
management

29

e Mediating and providing suggestions to resolve issues of contention
between relevant bodies

3.1.1 Secretariat of the Steering Council

Given the nature and number of its tasks, the Inter-ministerial Border
Security and Management Steering Council should be supported by a
secretariat. This will be a key body for two reasons. Firstly, its expertise
will be utilised to inform and advise the Steering Council as it determines
issues, reaches decisions, and sets policy. Secondly, it will give effect to
the political and policy decisions that are ultimately made by Steering
Council.

It is suggested that the secretariat be primarily resourced by the border
agency, with support from the migration agency and Customs
Administration. These three organisations would constitute the core team
for the secretariat, ensuring that the Steering Council benefits from
relevant expertise and support. The inclusion of the three main
organisations will help to overcome and resolve problems of cooperation,
which will be a responsibility of the secretariat. Likewise, it should aim to
identify areas where increased cooperation would be beneficial and where
other joint interests exist.

The secretariat will be responsible for the organisation of meetings and for
administrative work. It should also be responsible for the preparation and
dissemination of relevant documents. In the execution of its functions, and
when needed, the secretariat may decide to establish working groups or
invite experts on specific topics.

3.1.2 National Coordinator on Border Security and Management

The secretariat should be led by a national coordinator on border security
and management. As the head of the secretariat, the national coordinator
should be provided with the necessary political, administrative, and
financial support and powers. In executing the role, she or he would
facilitate the border security and management process and include other
ministries, institutions, and agencies upon need.

The national coordinator will be responsible for communicating the
decisions and policies of the Steering Council to the three main
organisations. Support and advice may be provided to the organisations to
ensure that those decisions and policies are implemented. When relevant,
she or he should involve other state bodies as necessary. The national
coordinator should submit the results of the Secretariat’s and her or his
own work with regular reports to the Steering Council.

3.1.3 Tasks

In addition to the responsibilities outlined above, the tasks of the
Secretariat, led by the national coordinator, shall include:

30