Every day hundreds of African workers illegally cross the southern borders of Libya.

In the absence of a government authority in southern border checkpoints, local councils in the cities, with limited capacities, are struggling to control the entry of African migrants. Authorities claim, however, that they cannot ensure the migrants’ physical or human rights.

Every day hundreds of African workers illegally cross the southern borders of Libya.

In the absence of a government authority in southern border checkpoints, local councils in the cities, with limited capacities, are struggling to control the entry of African migrants. Authorities claim, however, that they cannot ensure the migrants’ physical or human rights.

“When the revolution broke out in Misrata, Gaddafi brigades took us from our workplace in Okezir and put us in the ‘African Market’ for several days,” remembers Jamal Ali Ismail, a 36-year old Sudanese refrigerator technician. “Then, they took us to Zliten, Tripoli and then to Tunisia. It was a journey of torment, and we were maltreated.”

Illegal Entry

As for his return to Libya, Ismail admits that he entered the country illegally through Kufra. He wasn’t subjected to any medical examination except at the Saddada checkpoint, 60 kilometres east of Misrata on the northern coast.

The poor living conditions back in his hometown forced Ismail to return to Libya, he says. Hailing from Darfur in western Sudan, which witnessed armed tribal conflicts, he says it was impossible for him to find a job to provide for his family.

Ali Touati, a 41-year old driver on the road between Misrata and Sabha in southwest Libya, says he often has to pay to for medical examinations for incoming African workers in order to avoid punishment. Touati confirms that the medical tests are made in the eastern entrance of Misrata and that they sign a pledge to agree with the sponsor.

“All African workers in the city hold fake permits and have no passports,” says Ramadan al-Rimali, head of the Employment and Recruitment Department at the Labor Office in Misrata. He explains that preliminary approval is granted to workers by the employment office in Libya, and then the immigration department completes the recruitment procedures.

“Large numbers of foreign workers forge permits using forged seals,” al-Rimali says. “Some people have exploited the lack of workforce and have begun trading-in licenses in large numbers.” He indicates that nothing guarantees the workers’ rights or minimum wages, as the labour law only sets a minimum wage for regular workers and does not cover the wages of temporary workers.

On the other hand, Saleh Ali, Head of the Misrata Security Committee, says that the issue of foreign labor needs to be addressed at the state level and that border crossings should be tightly controlled to reduce the flux of illegal immigrants. He explains that the agencies trusted with this task have so far had no premises or capacities to perform it. However, they have been able to detect many illegal border crossings.  

Ali Abu Oud, Chief of Passports Investigation Branch in Misrata, confirms that the branch offices have been seized, complicating the control of foreign workers.

Welcome to work, with papers

Abu Oud indicates that the branch coordinates with the Federation of Rebels and the Directorate of Security to prevent entry of any foreigner to Misrata unless he is subject to a full medical check-up. He also explains that temporary cards are issued for foreign workers and the sponsors should then complete their residence procedures.

On the other hand, Mohammed al-Rais, Head of Misrata Passports Branch disagrees. “We don’t deal with those who have entered without approval or formal procedure,” he explains.  “But we do not mind issuing a residency document for those who meet the requirements. The number of African workers who have legally entered does not exceed 5% of the total number in Libya. We demand the sponsor to provide residency requirements, including a health certificate for the worker and the approval of the labor office to granting him a work permit,” he says.

Since the Libyan labour market fully depends on expatriate workforces, especially handicrafts and hard manual labour, the problem of regulating workers’ entry and granting them work permits is still a hurdle for employers who then violate the laws and employ workers with no permits or forged ones.