Law No. 24 of 2023 regarding combating the resettlement of foreigners in Libya includes a definition of the meaning of this resettlement, how it occurs, and its penalties.
What does the settlement of foreigners mean?
The law defined the settlement of foreigners in Article (1) as:
- Bringing foreigners into Libya with the intention of making it a permanent home for them, whether the foreigner entered through the official border crossings or otherwise, and whether he entered with a valid visa or without a visa, as long as the intention was to settle.
- It is also considered endemic, the stay of a foreigner in Libya after the expiration of the period specified for his stay in it or if he stayed after the reason for his entry ceased. The entry or residence of a foreigner without a known reason is considered evidence that the reason is endemic in Libya
- It is also considered to be repatriation, the return of foreigners to the country after their exit and transit through the Libyan territory.
Penalties for those seeking settlement
The Libyan Parliament also approved penalties of fines and imprisonment in Articles 2, 3 and 4 for:
- Who intends to settle in Libya.
- Whoever harbors or occupies a foreigner with the intention of settling him, whether the harborer is a natural person or a representative of a legal person, and a penalty of confiscation of his money and property related to the crime is also added to him.
Introducing the sponsorship system
As another form of combating the random entry and spread of foreigners in the country, and to impose another type of control over them, the law introduced in Article 6 the sponsorship system.
In this regard, it was stated that:
- A foreigner may not enter and reside in Libya unless there is a “Libyan sponsor who is responsible for all procedures related to him until his exit.”
- The foreigner is obliged to pay fees estimated by the competent authorities in return for facilitating the means of living.
powers of the judge
Article 7 granted the judge the right to:
- Deportation of a foreigner who entered the country with the intention of resettlement.
- Deportation of the legal representative of the legal person if he commits any of the behaviors criminalized in accordance with the provisions of this law.
The ‘disturbing’ Rome Conference
Concern about the settlement of foreigners increased after the International Conference on Migration and Development, which was held in Rome last July 23, in which the outgoing Prime Minister, Abdel Hamid al-Dabaiba, participated.
At the time, the Libyan News Agency reported that Libya was under pressure, and that Italy and other countries wanted to limit the arrival of illegal immigrants to Libya. Libya’s unstable conditions were “exploited” to settle these people and “burden its people for the consequences of the file.”
Government agreement with Parliament
The government appointed by Parliament, headed by Osama Hammad, agrees with his concern about transforming Libya into a center for the settlement of immigrants, under any name.
The government confirmed in a statement that:
- It will confront any attempts in this regard, and will take the necessary measures against any party proven to be involved in any arrangements related to this file.
- Regarding the Rome Conference, it was noted that it raises slogans of cooperation between the countries that share the Mediterranean basin, in confronting the waves of illegal immigrants, and creating a new model to combat this phenomenon. Including Libya, as a form of relieving the pressure of illegal immigration to Europe.
accusations of “concessions”
On the other hand, the outgoing government, headed by Abdul Hamid al-Dabaiba, is accused of making “concessions” to the major countries regarding the settlement of foreigners. In order to obtain the support of these countries to remain in power for the longest period, according to the representative in Parliament, Ali Al-Sol.
Warning to Europe
The Libyan political analyst, Izz al-Din Aqil, points out that “Western countries are the ones that bear the moral responsibility in the issue of immigrants, because they are the ones who exploited the wealth of African countries during the colonial period, and they are able to absorb them now with their large economies.”
At the same time, Al-Aqil warns Europe that Libya will not be the only one affected by the resettlement of foreigners there.
The political analyst explains that Europe will also be affected; Because if Libya turns into a “national catastrophe or tragedy” as a result of this settlement, it “will not be confined within its borders, and its dangers will extend to the region and European countries.”
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