5. National legal framework and practice 5.1. National legal framework Libya does not have a comprehensive migration governance framework. Existing laws and regulations, some of which date back to the 1950s, contain significant gaps. They are not sufficient to address the current situation and fall short of international standards. Law No. 6 of 1987 Regulating Entry, Residence and Exit of Foreign Nationals criminalizes irregular entry into and stay in Libya. It does not distinguish between migrants, refugees, asylum seekers, victims of trafficking, 41 migrants in vulnerable situations, migrant children, or other migrants in need of international human rights protection. Law No. 6 was amended by Law No. 2 of 2004 to tighten visa requirements. The amendment required all non-nationals, with some Arab states excepted, to obtain a valid visa to enter the country. Law No. 6 also regulates the deportation of non-nationals. In 2010, Law No. 19 on Combatting Irregular Migration was adopted. According to this law, the provisions laid down by previous laws on migration will be voided in case of contradiction. It stipulates that when arrested, migrants are to be treated “in a humane manner, keeping their dignity and rights, without assault on their money or assets” (Article 10). Migrants are allowed two months to regularize their stay from entry into force of the law. After this time, according to the provisions of the law, they face criminal penalties, which include “imprisonment with labour or by a fine not exceeding 1,000 Libyan Dinars” (Articles 6 and 11). It further states that “in all cases, a foreigner convicted of any of the crimes set forth in this law shall be expelled from the territory of the Great Jamahiriya immediately upon execution of the sentence” (Article 6). The person convicted could be exempt from punishment if he/she takes the initiative of informing the authorities provided the information leads to the prosecution of the criminals (Article 8). In addition, Law No. 6 of 1987 stipulates that entry, stay, or exit without a valid visa could be punishable with a sentence of imprisonment. The Penal Code stipulates that a sentence of imprisonment is up to three years (Article 22). It appears that there are no legal provisions that empower State institutions to undertake the administrative detention of irregular migrants.42 However, the public prosecution has the power to suspend criminal actions against any defendant, including those detained under immigrationrelated criminal proceedings. Therefore, administrative measures foreseen in other laws, such as deportation, can be still implemented. 41 A draft law on human trafficking was prepared by the Ministry of Justice in 2013. It provided for protection of victims of human trafficking. However, the law has not been adopted. 42 See Immigration Detention in Libya, Global Detention Project, February 2015, p 4. http://www.refworld.org/pdfid/5567387e4.pdf 11