Legal aid in extremely challenging conditions

Libya has been in a state of permanent crisis ever since Muammar Gaddafi was ousted in 2011. Two civil wars (in 2011 and 2014-20) wreaked widespread destruction and suffering. Today, the North African country is politically divided, with several militias controlling areas mainly in the western part of the country. Institutions have become weak and fragmented as a result.

There are enormous challenges for the reconstruction of healthcare, energy and education systems. At the height of the war in June 2020 there were 425,000 internally displaced persons. In February 2023, the International Organisation for Migration reported that the number was still about 143,000. Added to this are 680,000 migrants and refugees, primarily from neighbouring countries (Niger, Egypt, Sudan and Chad).

Many of them live on the streets and receive little help from the Libyan side. Hundreds of thousands have lost everything in the war or while fleeing, often even their identity papers, birth certificates, marriage certificates and other official documents. They all face a higher risk of exploitation.

Karim* grew up in Libya, studied international law in Tripoli and was a lecturer at his university. Today, he works as one of 12 legal advisers at the community centre of the Norwegian Refugee Council (NRC) in Tripoli, in the western part of the country. The NRC has been active in the country since 2017. In 2022 it initiated a project together with the SDC to make information about legal rights available free of cost to the most vulnerable groups in the country and provide them with legal aid. "Our doors are always open," says Karim. "We help 20 people every day on average, and sometimes twice as many come to legal awareness-raising sessions." The NRC runs a similar community centre in Ajdabiya in the eastern part of Libya. In the port city of Benghazi it works through a local partner.

Karim explains the kind of assistance people need: recently a woman with two children came to him for help. Her husband had died a short while ago. He had bequeathed the house to his family, but the owner of the property refused to accept this. He blackmailed the woman, demanded more money and threatened to evict her from the house. Karim first discussed the case with the team to get their views on how they could best help the woman. "If the victims agree, we usually talk directly to the other party and try to find a solution through dialogue and within the parameters of the Libyan legal system."

Disputes over property rights, as in the case of the widow, are common in Libya. Often there are no written agreements regarding land and house ownership, or such documents were lost during the war. In such cases solutions must be sought through direct negotiation.

Another area where abuse is common is the workplace. "Displaced persons and refugees want to hold on to their jobs at all costs because their livelihoods depend on it," Karim says. "Unfortunately, employers regularly exploit this." Working conditions are usually poor and wages unfair. It is difficult to demand better conditions because employment contracts are rare.

"Labour laws in Libya are actually quite good," says Karim. "But many employers disregard them, and employees themselves do not know their rights." That is why his team regularly conducts training sessions at the community centre to raise awareness about the legal situation amongst employees and employers, as well as local NGOs and companies. If violations occur, the team tries to mediate and arrive at a settlement. Alternatively, they involve a lawyer who initiates formal legal action.

Access to essential services in Libya, such as healthcare in hospitals, is now severely curtailed for displaced persons. "Everything depends on whether you can prove your identity," says Karim. Without registration even children are denied access to public schools. In such cases the team supports families in obtaining civil documents, such as birth certificates, which can provide admission. The NRC also supports children by offering tuition classes at the community centres. Karim hopes that his work, which often takes place under extremely challenging conditions, will contribute in the medium term to better protecting the rights of the most vulnerable in Libya.

*The name has been changed to protect identity.