Migrant labour laws place a particular burden on employers to ensure compliance with heavy administrative requirements, reportedly leading to high levels of non-compliance and employment of irregular migrants outside of a legal framework.43 While article 10 of the 2011 interim Constitutional Declaration provides that “the State shall guarantee the right to asylum in accordance with the law. The extradition of political refugees shall be prohibited”, Libya has not established an asylum system in law or practice. As a result, asylum seekers or refugees in Libya without appropriate documentation, including those rescued and disembarked, face detention for illegal entry under Law No. 19 of 2010. 5.2. Practice Increasingly since 2011, and particularly since 2014, the Libyan justice system has been severely hampered due to ongoing fighting and insecurity. Many courts have not been functioning or only partially function. Armed groups have threatened and attacked judges, lawyers, prosecutors and law enforcement officials. Human rights violations and abuses have not been addressed adequately by the formal justice system, impeding the right of victims to effective remedy.44. Armed groups have also taken on law enforcement functions, and effectively control many official detention centres or run their own unofficial detention centres, further increasing the vulnerability of those detained. Armed groups, criminal gangs and networks, smugglers, traffickers have cooperated and competed in the smuggling and trafficking of migrants through Libya, while carrying out serious human rights abuses and violations against migrants. UNSMIL has also received credible information that some members of State institutions and some local officials have participated in the smuggling and trafficking process. Exploitation and the buying and selling of individuals have taken place frequently. Such individuals are often subject to labour exploitation. In the case of those migrants who wish to travel across the sea to Europe, many are compelled to work to earn their onward transport. They are also subjected to extortion by smugglers and traffickers who force them to request additional money from their families though a complex system of money transfers. Migrants are among the most vulnerable people in Libya, as they do not have tribal or other community protections to which others may have recourse. Women are often the most exposed, amidst numerous and consistent reports of rape and other sexual violence. During the Qadhafi period, the Passport Investigations Department, under the General People’s Committee for Public Security, managed a number of immigration detention facilities, holding thousands of individuals suspected of being irregular migrants, including refugees. Others were 43 See Assessment of Priorities for the Development of Libya’s Migration Policies: A Strategic Vision, Final report to IOM by Eurasylum Ltd. 2014, p. 31 44 ICCPR, art. 2 12