with information collected from other sources, corroborating the patterns of violations and abuse
described in this report 5 . The findings of this report are consistent with the findings of the
OHCHR investigation on Libya, which conducted monitoring missions to Italy and Malta in
2015 6 . The findings are also consistent with information collected by UNSMIL in 2014 and
2015. UNSMIL raised its concerns and discussed recommendations with the Director of DCIM,
over a number of meetings in 2016, as well as with other Libyan officials.
For the purposes of this report, “migrant” is used as an umbrella term to cover the categories of
refugee and asylum seeker, as well as international migrants in an irregular situation, trafficked
persons, smuggled migrants, and other categories, unless specified otherwise. In the absence of a
universal legal definition, OHCHR defines an “international migrant” as “any person who is
outside a State of which he or she is a citizen or national, or, in the case of a stateless person, his
or her State of birth or habitual residence”.7 A refugee is defined as a person outside of his or her
own country who has a “well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political opinion” 8 and requires
international protection as a substitute to the protection of his or her country of origin. An
asylum seeker is someone who is seeking protection as a refugee, but for whom a determination
of status has not yet been made. An asylum seeker may in fact already be a refugee even before a
state has granted recognition, since being a refugee is based on the facts of his or her situation,
rather than on the granting of status.
5
Others have also published information on the situation of migrants transiting Libya. See, for example,
“Trapped in Transit: Refugees, Migrants and Asylum Seekers Stranded and Suffering in Libya”, Médecins Sans
Frontières, 22 July 2016, http://www.doctorswithoutborders.org/article/trapped-transit-refugees-migrants-andasylum-seekers-stranded-and-suffering-libya ; “Refugees and migrants fleeing sexual violence, abuse and
exploitation in Libya”, Amnesty International, 1 July 2016,
https://www.amnesty.org/en/latest/news/2016/07/refugees-and-migrants-fleeing-sexual-violence-abuse-andexploitation-in-libya/ ; and “EU/NATO: Europe’s Plan Endangers Foreigners in Libya” , Human Rights Watch, 6
July 2016, https://www.hrw.org/news/2016/07/06/eu/nato-europes-plan-endangers-foreigners-libya
6
The OHCHR investigation on Libya was established pursuant to Human Rights Council resolution 28/30. For
more information see A/HRC/31/CRP.3, paras 246-271.
7
See Situation of migrants in transit, Report of the Office of the United Nations High Commissioner for Human
Rights, A/HRC/31/35, para.8, and OHCHR, Recommended Principles and Guidelines on Human Rights at
International Borders, 2014, p. 4.
8
1951 Convention relating to the Status of Refugees, article 1. See also article 1 of the Organization of African
Unity Convention Governing the Specific Aspects of Refugee Problems in Africa adopted by the Heads of State
and Government in Addis Ababa on 10 September 1969 to whi7ch Libya is a party.
4