Manipulated migration: Libya under the west power Lampedusa in Hamburg case-study Zhenqi Liu Martina Fraternali Sara Sousa 1 Table of contents Introduction………………………………………………………………………………...p.1 Methodology……………………………………………………………………………….p.5 Ethical and practical problems…………………………………………………..p.9 Theory……………………………………………………………………………………….p.11 World-system theory………………………………………………………………p.11 Libya as a semi-peripheral country………………………………………………p.16 Can Libya be a core country?.......................................................................p.17 Libya’s dependence on the West………………………………………………..p.20 The case of Libya………………………………………………………………………….p.25 Introduction…………………………………………………………………………p.25 Independence of Libya, the discovery of massive oil reserves and the European pressure to curb migration flows………………………………………………………...p.25 The Qaddafi revolution……………………………………………………………p.27 Confrontation with the US and sanctions from the international community..p.29 Libya’s compensation and wholesale privatization…………………………….p.32 Bilateral border control and tightened market…………………………………..p.33 Anti-Qaddafi uprising and the war………………………………………………..p.35 Aftermath of the War………………………………………………………………p.40 European migration legislation…………………………………………………………..p.42 Frontex……………………………………………………………………………..p.44 EURODAC and EUBAM………………………………………………………….p.44 Analysis……………………………………………………………………………………..p.48 2 Migration to Libya…………………………………………………………………p.48 Libya – a transit country?.................................................................p.48 Refugees and migrants in Libya………………………………………..p.53 Leaving Libya…………………………………………………………….p.58 The war period……………………………………………………………………p.59 Life in Europe…………………………………………………………………....p.62 Semi-peripheral Libya…………………………………………………….…….p.67 Conclusions……………………………………………………………………………...p.70 List of references………………………………………………………………………..p.73 3 Introduction We are recognized as refugees from a war in which the European countries have participated and yet they act as if we do not exist. But if we show up and make visible our situation, you want to deport us. (…) It is painful, after we were able to stabilize our lives in Libya to have to fight again for survival – in the countries that call themselves democracies. This statement represents clearly how Lampedusa in Hamburg refugees perceive Europe. Lampedusa in Hamburg is a movement created in March 2013 as a response to the end of the Italian program – Emergency North Africa1 – which included 22.000 refugees fled from the Libyan war. 300 of them eventually arrived in Hamburg in March 2013. According to the Dublin Regulation, people who were granted refugee status cannot live or work in a different Schengen country from the one that they first arrived. However, Lampedusa in Hamburg has been challenging this regulation, asking for the right of free movement within Europe. “The group ‘Lampedusa in Hamburg’ is united by a common fate: they are all from different countries, have gone at different times and from different existential reasons to Libya. There they have lived and worked – even fighting between rebel groups and government forces”2. The refugees made a proposal to the city senate in order to be recognized as a homogenous group fled from war, according to the article 23 of the German residential act3. Accomplishing this would mean a valid residence and work permit for all of them, within the German territory. “We did not survive the NATO war in Libya to die on the streets of Hamburg.”4 In their view, NATO is responsible for having forced them out of Libya and for now leaving them on the streets of Europe without any 1 This program started after the Libya war broke out, in 2011, when thousands of people fled the country and arrived to shore of Italy. The Italian government declared the humanitarian emergency and through the program, accommodated those who were granted refugee status. The program was a temporary measurement and in February 28th 2013 ended. 2 This statement can be retrieved from the website: http://lampedusahamburg.info/informationen/hintergrund/ 3 They, however, are not recognized by the Hamburg Senate as a homogeneous group because don’t come from the same country, but from different nations in the sub-Saharan Africa. 4 This statement can be retrieved from the website: https://libcom.org/news/lampedusa-hamburgrefugee-protests-escalate-update-recent-weeks-protest-25102013. 4 future. First of all NATO intervened in the war with the stated intent of freeing Libyans from the Gaddafi’s dictatorship, and now Europe is impeding them from starting a new life due to its strict migration regulations. The primary contact with people involved in this movement motivated the scope of the project, namely telling the stories of those people and of million others who are victims of wars caused by the Western countries and who, at the same time, see their lives as refugees limited by draconian international and national laws. scope of the project. Most existing literatures concentrate the study of migration on receiving countries, “but it is not possible to do so exclusively” , because “many countries are both sending and receiving countries for different types of migrants, or are in the process of transition from the one type to the other”(Castles, 2009, p.2), especially true in the case of Libya. Moreover, western intervention through NATO forces adds another dimension of Libya’s migratory flows: it fueled the transition of Libya’s own situation and its power relations with the interests of Western capital in the name of “international community” (Campbell, 2011). However, the advocates of liberal interventions kept “silence when African migrant workers in Libya were being butchered by elements from the National Transitional Council (NTC)” (p.66). Consequently, we decided not to concentrate on the current situation of Libya´s refugees in Europe but to trace back to their previous lives in Libya. After all, “Migration, development and international relations are closely linked” (Castles, 2009,p.2). Our approach introduces a new perspective because it describes migration not in Europe, the land of arrival, but from the point of departure, Libya. As a result, the problem formulation of this study is: How economic and socio-political relations of power affect migration flows to Europe: The case study of Libya and of the 'Emergency North Africa' in the stories of the refugees of Lampedusa in Hamburg. The economic situation of Libya coupled with international socio-political power relations with the West had created a unique setting. Oil and gas foreign companies have been exploiting Libyan reserves while European states have singularly dealt with the Libyan government in order to stop migration flows. 5 Italy has been the only country which signed bilateral agreements with the Libyan authorities since 2000. Positioning us in this setting, the aim was to analyze its consequences on migrant flows to Europe. To support our idea, narrative/biographical interviews of Lampedusa in Hamburg refugees were conducted, whose main focus was the conditions under which they have lived in Libya, from a social and working point of view. The voices of the refugees helped us to have a direct insight into the economic life of Libya and how the intersection between economic and power relation interests have forced them to leave the country and face perilous travel to escape. What the research aimed at showing is that the European immigration policies tell a different story about the motives of the intense flows of refugees within European borders. The continuous use of words such as ‘emergency’ and the tightening of regulations over migration suggest a scenario in which Europe is attacked by those flows of people and has to deal with the issue in any way possible. “Italy has declared migration emergencies almost every year for the past 10 years” (Perkowski, 2012)5; however, the situation is far more complex and the Libya case displays of it. The powerful influence that Western countries has exercised over Libya, especially regarding the oil and gas fields exploitation pictures a situation in which NATO had to intervene into the Libyan civil war in order to defend the economic interests of its member states. After having achieved its primary goal, namely overthrowing Qaddafi’s regime, NATO and Europe are very much present in the process of rebuilding the country, providing expertise and capitals through programs such as UNSMIL and EUBAM. But a problem arose: the militias who fought against Qaddafi have now taken control of some areas of the country, and especially strategic areas in which the production of oil was concentrated, such as Cyrenaica. Those armed groups do not recognize the central government and the international community as well as major oil and gas companies are really worried about the critical situation that has been created. For example, the CEO of ENI “Paolo Scaroni reiterated to the Prime Minister (of Libya) the importance of Libya to 5 The whole article can be retrieved from: http://www.opendemocracy.net/5050/nina-perkowski/migration-in-italy-%E2%80%98state-ofemergency%E2%80%99 6 Italy’s gas supply security, and as a strategic country for ENI’s activities. Mr Scaroni expressed the hope that Libya will continue on its path towards stability and security”6 Besides all these issues, however, the situation of the refugees has been left in the shadow. To clearly approach our problem we divided the paper into six chapters: introduction, methodology, theory, history, analysis and conclusion. Since our report follows a deductive approach, we start by presenting the background theories which will be applied in the history and analysis chapters. The methodology describes the process of our practical steps, from the secondary data collection and analysis to the fieldwork research in Hamburg. The analysis, which includes the history of Libya and the interviews of the witnesses of the war, illustrates the convergence of the theory with the research findings. In the conclusion section, we summarize the discoveries and its relevance to the academia. 6 The whole article can be retrieved from http://www.libya-businessnews.com/2014/03/10/eni-boss-meets-with-ali-zeidan/ 7 1. Methodology During and after the Libyan war many words have been dedicated to the description of a country on the other side of the Mediterranean but in many ways so closed to ‘Fortress Europe’. Our research tried to look at the Libyan situation post and after-war within a different framework: Europe and its draconian policies of immigration are not the only factors to blame, but an entire and more composite scenario needs to be considered, involving economic and political powers and the way these have directly or indirectly been able to affect the flow of migration that arrived to Europe during and after the Libyan war in 2011 producing what at that time was termed by Italian authorities the ‘Emergency North-Africa’. To approach our problem was primarily necessary to reflect on the research strategy. Since we began with a theory (from various readings on the subject) we came out with a hypothesis that evolved to data collection and sub consequent results/findings: in this sense, we followed deductive pattern to theory process and approach. In our project, that meant to use the worldsystem theory, in which we associated Libya to a semi-peripheral country. Thus, after collecting data on the same topic, we reached results that shown how our theory applied. Concerning our type of research, we decided to follow a mixed methods research – “This term is widely used nowadays to refer to research that combines methods associated with both quantitative and qualitative research” (Bryman, 2012, p. 37). This project can be divided in two parts: the first focusing more on the theoretical and historical background of Libya where we took hold of the ‘setting’ by collecting secondary data; the second part consisting of qualitative/ethographic research making use of interviews with the refugees, where the aim was mainly to get a view of individual cases in a specific social reality and context. Before further explanation, some epistemological and ontological considerations need to be exposed and clarified in this chapter. We first used 8 critical realism to approach our problem, by doing a categorized descriptive data collection of all the history and facts related to the Libyan situation. However, as Bryman explains, “realists argue that the scientist´s conceptualization is simply a ways of knowing that reality” (2012, p. 29), this meaning, that we do not try to explain the problem with the fixed and total reality but only a perspective created through the reading of different literature. Even more, critical realism was also the approach we had through our experience in fieldwork. In this sense, we learned and explored this social reality but with the notion that these observations were just one perspective of it, namely the lived experience of the refugee. We also combined it with a phenomenology approach because, especially in this case, it was essential to know how our LiHH (Lampedusa in Hamburg) interviewees made sense of the world, observing at close their opinions and conditions. From an ontological point of view, we used a social constructivist perspective “that asserts that social phenomena and their meanings are continually being accomplished by social actors, (…) not only produced through social interaction but they are in constant state of revision” (Bryman, 2012, p. 33). The case study of ‘Lampedusa in Hamburg’ demonstrates that refugees have interpreted their current situation in Germany according to the experiences that they went through in Libya before, during and after the war. Returning to our two topics of research, in the quantitative approach we used the method of secondary analysis. Collecting new data on historical facts or on Libyan refugees would be almost impossible for student researchers with limited monetary and time resources. For that reason we chose to read literature that gave us information about the history of Libya, literature about Qaddafi (pro and cons positions) as well as different articles concerning: our main theory and the contemporary critics of it, migration in Libya as well as diverse online material about the more current events concerning Libya and the LiHH. Through this secondary data we could understand the reality in which our problem is placed and create a new individual interpretation. However, the secondary analysis lacks a refugees’ perspective. For that reason, our casestudy is based on a qualitative methods in order to support the secondary data. 9 In our fieldwork experience we combined participant observation and interviews as the most adequate methods for our objectives. ( isn’t this clear enough on how both parts complete each other?) The quantitative component of the project was dedicated to the description of the Libyan context and how this has changed over the years, focusing especially on the last years of the Qaddafi’s era until the post-war situation. This is because migrant flows and their lives changed dramatically due to the war and subsequent west intervention which helped to over-thrown Qaddafi´s regime. Much has been written before the fall and killing of Muammar Qaddafi7, which has been useful to reconstruct his figure and the policies characterizing his years at power and the economic and of international relations in the period 1969-2011. Libya was placed in a particular socioeconomic and geostrategic position into the chess board of international powers since the discovery of oil reserves underneath its territory and this influences the country developments and international role both before and after the 2011 war. However, the events that occurred during and after the 2011 and which led to the defeat, ousting and killing of Qaddafi remain much less known, particularly to the public opinion. The international attention has emphasized, during the fights, the role of militia groups and the foreign armies, but what was happening within the territory, regarding both the conflict, the interests involved and the population is still largely left in the shadow. Given the no-fly zone and the impossibility of going back to their country of origin in sub-Saharan Africa, many Africans were forced to flee and shipped to the Italian shores, seeking for refuge in Europe. As the Libyan war broke out, the European debate concentrated especially on the ‘invasion’ of refugees fleeing the Libya conflict, who had to be added to the numerous others who escaped the upheavals of the Arab Spring. "WE MUST not allow Libya to become another Afghanistan just next door to us,” declared Italy's interior minister, Roberto Maroni, at the end of a European ministerial meeting in Brussels yesterday (February 25th)” (Economist, 25th of 7 St.John 2012, McKinney 2011, Boyle 2013 10 May, 2011). “Defense Minister Ignazio La Russa of Italy has warned Europe to prepare for migrations on a “biblical scale” as a result of the unrest” (Kanter and Dempsey, 24th of February, 2011). The situation was unbearable and the international community, especially Europe, decided to become part of the reconstruction project of the country, in order to sponsor tight migration control and preserve the economic interests that were still much alive in Libya. The literature which we have looked at in this project, concerned especially two aspects: the economic interests of the West and of other countries into the Libyan territory and the international relations that have been built up before and after the war, with the major objective of providing a comprehensible background in which the lives of migrants would be fitted into. We wanted to demonstrate how economic interests and power relations affect the lives of migrants, and specially, in the aftermath of the war. Our second step of the research consisted in supporting the theory with a concrete case-study, represented by the Lampedusa in Hamburg group (see here p.1 Introduction). For this connection, we resorted to participant observation and interviews. During the three days we stayed in Hamburg (7-9 May 2014), we had the opportunity to explore the places and observe some of the activities that the Lampedusa in Hamburg group is involved in. The “tent”, where the group meets and provides information to the visitors, which is located outside the Hamburg main station, is where dozens of LiHH refugees gather, provide information, sell merchandise (badges, t-shirts, bags,..) and make their struggle public; the social center B5, at Birgittenstrasse 5 in St.Pauli is another of the locations which hosts some refugees for a temporary situation. More important than the locations were the observations of their precarious living conditions and the conversations with some members of the group. In these we tried to gain their trust and to present ourselves as listeners of their cause instead of researchers focused on results. The conclusions from our observations helped us to see how the situation is complicated and how the refugees want to talk and share with us their life experience, but always with two main barriers: the language (most of the refugees we encountered felt most comfortable talking in French) and the sensitive topic of war. 11 The interviews were conducted between 7th and 9th of May 2014. Some of the African migrants we interviewed had lived in Libya for many years, in some cases even more than 10 years (interviewee N.). Several of them worked for foreign European or Libyan companies. Our respondents are only from subSaharan countries and have worked in Libya in order to escape from poor situations in their homelands. The five interviewees are all members of the group ‘Lampedusa in Hamburg’. Since their precarious situation in the German city, with crowded places to live and without space for privacy, the interviews were not an easy task, especially because biographical story interviews require time to be completed, and the use of technological device to record them needed a quite environment. We chose to use semi-structured interviews with a narrative component because our major interest was to analyze the lives of migrants of ‘Lampedusa in Hamburg’ in Libya: their work experiences, the relation with the local population and the company, what happened during the war and what they have been experiencing during the raise of the conflict. The narrative interview approach allowed us to unfold the major events of this specific period of their lives. It was not a fully biographical “life history” approach (Bryman, 2012, p. 488), because the main focus was posed on the last years of their lives, namely just before the Libyan war, during and in the immediate aftermath. The main objective was, through their stories, to draw a picture of their relations with the international powers which were operating in Libya and the economic assets of the country, in which many of them were implicated as workers. The narration of their lives allowed us to look at these plots of power relations from a different perspective, which is often forgotten, but which can widen our understanding of the migration flows and the reasons behind them. 1.1 Ethical and practical problems While working on this project some considerations and obstacles arose. Since part of our work was based on secondary data, ethical problems were not a concern. The only detail worth pointing out was the strategy we, as a group, used to deal with all the sources. Since the amount of literature needed was 12 demanding and we had limited time, we divided some data between group members. Inevitably, we made a selection of the literature both pro and antiQaddafi. Our main problems during this project were hindrance throughout the fieldwork experience. The first concerns the anonymity in our interviews. Although all of the interviewees show no concern on exposing their names, it was our choice, as researchers, not to use that personal information, especially regarding a sensitive situation that addresses political and traumatic experiences. Since the relevance of their names is inexistent, we decided to name the interviewees by the first letter of their names. The second apprehension was related to the language in which we conducted the interviews. Our main idea was to interview in English so all members of the group could translate them and because the meaning of their ideas would remain intact. Even though a great number of refugees talked English, the majority felt more comfortable in French and Italian (all of them learned the language during their stay in Italy between 2011.2013). Four of our interviewees made the effort and shared their thoughts in English, while one of them preferred to do it in Italian since we offered that option. Our main goal here was to make them the most at ease as possible a since it is a very emotional topic. In order to illustrate our research with the case-study of Lampedusa in Hamburg, a fieldwork trip was necessary. With a limited budget and some distance from Aalborg to Hamburg, we decided to stay for 3 days of ethnographic work. A longer stay could have brought us closer to the LiHH group and resulted on more primary data but since our aim was to use the interviews just as a support method. The last difficulty regarded the selection of the interviewees. As understandable, some members were not willing to share their stories with us. As a matter of fact, the only requirements we asked for were the ability of speaking either English or Italian, and a work experience in Libya. 13 2. Theory 2.1 World-system theory One of the descriptions of the term ‘development’ is based on the idea of a world subdivided in Western developed countries and the underdeveloped ‘others’. The association between development and modernization was established in a Western context where the two concepts are consequential: modernization implies development, and vice versa. “For Lerner modernization is ‘the social process of which development is the economic component” (Bernstein, 1971, p.141), whereas some regard modernization as a “transformation of culture” (Idem). Modernization in this sense is understood to be a convergence of characteristics that have been reached by the Western countries over years of development, but that all the traditional (culturally speaking) nations will gradually achieve, in the scholarly vision in the aftermath of the WWII. Lately the concept has been expanded and now it is also associated with notions of human rights and democratization. Karl Marx indicates the bourgeoisie as the fuel of democratic transition; “similarly, Moore, in his study of major western democracies, and Soboul, in his analysis of the French Revolution, stressed the role of the middle class in the transformation” (Arat, 1988, p.21). Finally, even Max Weber with his theory of the Protestantism and Tockqueville with the concept of voluntary association as the basis of democracy (Arat, 1988) From a Western point of view the idea of itself as the highest representative in terms of modernization is still valid and much present. The theorists argued that the development consists of ‘stages’ and, thus, the only difference between the Western world and the so-called ‘others’ is that the latter has not reached the same stage of development of the former yet. Non-Western states, in order to reach the same level of development of the Western nations rapidly, have to follow the economic stage that the latter had been going through. When it happens, the gap between underdeveloped and developed will be filled. In this context the primary source of analysis of the social sciences and of the modernization approach were the nation-states, which were considered a combination of social norms, economies and political systems. As a matter of 14 fact, countries could be evaluated according to the similarities and diversity in these areas. In the immediate post- WWII years, the influential work by the historian Fernand Braudel, whose positions were explained in his book on The Mediterranean and the Mediterranean World in the age of Philip II (Braudel, 1949), described the economic and political aspects of the Mediterranean region. This region, though divided between boundaries and despite all differences within, is described as being a single region to explore and described in its complexity and in the interdependence of its singular parts. Braudel expanded in this way the level of investigation to an entire area, rather than singular nation-states. However, it was the new-developed World-system theory – or how Wallerstein calls it, analysis – that sought to switch the study towards a global scale. These theoretical approaches centered on single nation states and on a singular path of development towards modernization were questioned by antidiscrimination and decolonization movements that broke out between the 1960s-70s. According to scholar Immanuel Wallerstein, as expressed in a interview to Theory Talks8 (Wallerstein, 2008), the “world revolution of 1968” (Wallerstein, 2008) has been the moment in which the concept of nation-states and all the modernization theories related could be finally questioned and challenged. From that moment people around the globe arose because they realized that the promises of development of the society and of the system as a whole had not brought the expected fruit: the gap between rich and poor nations had remained the same or even increased (Wallerstein, 2004), and all the leftwing movements/parties which had pledged these changes provoked disillusion among the population. The Dependency theory was the first critical response to the modernization approach. It was adopted and developed by Samir Amin (1976), which also highly influenced Wallerstein´s positions and work. The authors basically affirmed that underdeveloped countries were not able to purchase anymore manufactures from the developed ones despite that they provided the latter with 8 The full interview can be retrieved from http://www.theory-talks.org/2008/08/theory-talk-13.html 15 raw materials9. Even though the Dependency theory was primarily explored in the Latin America context, it was Samir Amin who adapted the theory to the Islamic world context. Both Amin and Wallestein’s theories share the vision of a world-system economy which can be studied as a whole, without looking at the single states. The world-system in Wallerstein and Samir Amin´s perspective is a combination of mechanisms that aims at redistributing the surplus value gained from the periphery to the core areas through a mechanism called “unequal development” (Samin, 1976) of the poor areas of the periphery compared to the rich ones at the center. The world-system does not need “a single political system” (1976, p.230) because the economy, which represents the core of the system, can be adopted by any political structure: “the only totalities that exist or have historically existed are mini-systems and world-systems, and in the nineteenth and twentieth century there has been only one-world system in existence, the capitalist world-economy” (1974, p.390). The current capitalist system is a world-economic system with the unique characteristic of having encompassed the entire globe and being spread in all its corners, in states and regions where political structures are totally diverse: “The new world is capitalist: it defines and recognizes itself according to the characteristics of this mode of production” (Amin, 1988, p. 155). It is precisely in this context that our case study of Libya can be placed. Looking in-depth at Libyan history, Qaddafi’s primary idea was to exit the capitalist world-system and follow a different path from the other Western countries, but as Wallerstein theory explains, the capitalist economic system is widespread nowadays all around the world and there are economic interests that cannot be simply dismissed. In Libya especially those interests were related to oil, gas and construction, resources much desired in the modern world. All the world-systems that came before, e.g the feudal system, “were highly unstable structures which tended either to be converted into empires or to disintegrate” (Wallerstein, 1976, p.230). The strength of capitalism derives 9 A further Marxist approach to this theory has been given by the work of Paul Raban in 1957: The political economy of growth. 16 exactly from its peculiarity of having been flourishing for 500 years without creating a world-empire with a fixed political structure. Empires rise and fall over the years, but this world-system economy does not. “The capitalist strata formed a class that survived and gained droit de cite, but did not yet triumph in the political arena” (Wallerstein, 1976, p.233). If the system was formed by states with similar political systems, the disparities between them, which are the core of capitalism, would not occur. We take the defining characteristic of a social system to be the existence within it of a division of labour, such that the various sectors or areas within are dependent upon economic exchange with others for the smooth and continuous provisioning of the needs of the area. Such economic exchange can clearly exist without a common political structure and even more obviously without sharing the same culture (Wallerstein, 1974, p.390). The division of labour does not simply refer to the type of occupation, but to a geographical division: The range of economic tasks is not evenly distributed throughout the worldsystem. It is a function of the social organization of work, one which magnifies and legitimizes the ability of some groups within the system to exploit the labour of others, that is, to receive a larger share of surplus (Idem, 1976, p.230) Who benefits and exploits the others’ labour are the core capitalist-states in the West, which have a strong state-machinery, whereas underdeveloped/developing areas do not. As a matter of fact, “once we get a difference in the strength of the state-machinery, we get the operation of ‘unequal exchange’ which is enforced by strong states on weak ones, by core states on peripheral areas” (Wallerstein, 1974, p. 401). The core states appropriate the surplus-value of the entire world economy, while exploiting the labour and the resources of the peripheral areas. The endless expansion of the core areas and semi-periphery is always accompanied by a weakening of the political and economic position of the periphery. Therefore, in Wallerstein´s approach (1976), the world is essentially divided into three typologies of countries: the core, the semi-peripheral and peripheral countries. For instance, 17 in the 17th century the core countries were the North-West European nations, the periphery was composed by Eastern and the Western hemisphere of Europe; and semi-periphery the Mediterranean Europe. This is where the world-system theory differs from the Dependency theory. Even considering Dependency theory as a theoretical starting point, it lacks one of the main world-system ideas: the existence of semi-peripheral countries. According to our interpretation of theory, Libya, before the 2011 war, might have been considered a semi-peripheral country. Amin´s approach only looked at center and peripheral countries, in where the second group depends on an extreme level on the first economically and politically powerful group of countries. Contrary to modernization idea, not all countries can develop in the same way because both groups are needed to balance the world economics: “unequal development” (Amin, 1976). When the big economic interests of the West had the chance to overthrow the Libyan government, justifying the intervention with a rhetoric of human rights and democracy, the modernization theory is demonstrated to be partly ineligible from our perspective. Since the moment that Qaddafi tried to raise Libya up and transform it into a core country, the U.S. and U.N., with the excuse of lack of human rights, imposed sanctions and halted the transformation. Semi-periphery countries such as Libya are, in turn, doomed to remain in the same position. Non-Western countries, even following similar economic paths, cannot reach the level of the core countries. The distinction drawn by Wallerstein between core, semi-periphery and periphery has to be maintained, in order to let the capitalist system and the consequent surplus value robbery to work. As a matter of fact, Wallerstein explored how semi-peripheral countries make the capitalist world economy work smoothly (1974, p. 403). Semi-peripheral states were once core or peripheral ones whose power decreased or increased during the years. Their main role in the system is to avoid the insurgence of the periphery ones against the core nations. The semi-periphery is both exploited and exploiter and has a major interests in maintaining the status quo (Idem, 18 p.405). Libya case in this sense is different, and can be regarded a semiperiphery willing to change the status quo, but without success. The strengthening of the state-machineries in core areas has its direct counterpart in the decline of the state-machineries in peripheral areas…the strength of the state-machinery in core states is a function of the weakness of the other state-machineries. Hence intervention of outsiders via war, subversion, and diplomacy is the lot of peripheral states (Idem, p.403). The submissive and underdeveloped condition of the peripheral areas is not a temporary passage from an earlier stage of development to a later one as was described in the modernization theory, but rather a permanent one. They are doomed to remain in this submissive situation because of their relation with developed nations: “it is rather the result of being involved in the world-economy as a peripheral, raw material producing area” (Wallerstein, 1976, p.392). 2.2 Libya as a semi-peripheral country Libya is the example of this theoretical approach: once a peripheral country, it turned to be a semi-periphery after the discovery of oil fields underneath its territory in 1959 and, especially, the revolution which occurred in 1969 by Qaddafi. “Being nearly sulfur-free, Libyan oil is even more valued for its extremely high quality” (McKinney, 1970, p. 232). From then on, Libya developed its own economy: U.S. and European companies immediately tried to enter the new developing market of oil and banking in Libya. The collaboration was necessary and profitable for both parties: “in order to develop its hydrocarbon resources, Libya had to remain on friendly terms with the West to encourage exploration and investment as well as to gain access to the technicians and technology of Western oil companies” (St.John, 2011, p.43) On the other hand, the West was similarly bounded to Libya because of its urgent and high need of hydrocarbons. However, Gaddafi, soon after his revolution in 1969, brought changes into these sectors. “He reportedly channeled early oil wealth into national free health care and education” (McKinney, 2012, p. 461). Although Libya in the 1970s was one of the only two country belonging to OPEC not to nationalize foreign oil 19 company properties – but instead offered partnership (Joffè, 2001, p.78) -, its Leader aimed at transforming Libya and the whole Africa into an independent region from the Western lucrative interests. “He has tended to regard Libya not as the sufficient unit of community, but as a base from which to export his revolution to the Arab world and even beyond” (Hinnebusch, 1984, p.60). Libya, in Qaddafi’s view, should have been a socialist state, because socialism was the only political form that could solve the economic problems of the world. He strongly “condemned both communism and capitalism, the former as a monopoly of state ownership and the latter as a monopoly of individuals and companies” (St.John, 2011, p.56). Libya began to employ the African workforce coming from the sub-Saharan regions: Qaddafi invited several African states to send people to Libya. With all the listed characteristics, Libya can be considered a semi-peripheral country, according to Wallerstein’s definition. 2.3 Can Libya be a core country? According to our understanding of the world-system theory, Gaddafi’s goal was to transform Libya into a core country. However, Libya should not be a core country according to the specific meaning given to the term by the world-system theory, which looks at core areas under the rule of a global capitalist economy, but rather a socialist country, which does not comply with the exploitative global capitalist system. In order to achieve its objective he started and/or proposed several grand projects (McKinney, 2012): - A shared currency in all the Muslim and African countries, called Gold Dinar which would have challenged the supremacy of US dollar and euro; - Independent pan-African financial institutions such as the Libyan Investment Authority and the Libyan Foreign Bank; - The first Africa satellite network called the Regional African Satellite Communication Organization (RASCOM); - A wealth redistribution project funded by the profits coming from oil exports and other national profitable sectors; 20 - Nationalization of the Libyan oil “to better control prices by the increase and decrease in production” (McKinney, 2012, p. 232); - Free education for everyone from elementary school up to university and post-graduate studies both in Libya and abroad; - Interest-free housing loans; - Free lands for farmers. Despite all the grand projects listed above and “a number of large-scale infrastructure development projects such as highways, railways, air and seaports and telecommunication, as well as the efforts to diversify the economy and encourage private sector participation, the extensive controls of prices, credit, trade and foreign exchange have constrained the growth” (Kerr & Cantu, 2012, p. 92). Furthermore, much of the country’s income over the years has been lost to waste, corruption, conventional armaments purchases, and attempts to develop weapons of mass destruction, as well as to large donations made to developing countries in attempts to increase Gaddafi’s influence in Africa and elsewhere 10. Although oil revenues and a small population have given Libya one of the highest per capita GDPs in Africa, the government’s mismanagement of the economy has led to high inflation and increased import prices. These factors resulted in a decline in the standard of living from the late 1990s through 2003, especially for lower and middle income strata of the Libyan society (Kerr et al, 2012, p. 92). In addition, the revolution that he aspired to accomplish did not happen due to the alienation of “big and strategic sectors of the upper and middle strata” (Hinnebrusch, 1984, p.71) who saw themselves attacked by his socialist reforms. In fact, Qaddafi was extremely critical of both the communist and capitalist systems ruling respectively the Soviet Union and the United States, though 10 His main goal was to reduce the influence of Israel and oppose the Western interests ad influence in Africa. He built up relations with Uganda, supporting the country when it was invaded by Tanzania in 1972; Chad and several others. “The Libyan diplomatic offensive gained momentum, particularly in the largely Muslim states on the southern edge of the Sahara, and, by early 1974, Libya had largely achieved its central goal in Africa, a sharp reduction in Israeli influence, with Libya often supplanting it” (St.John, 2011, p.120) 21 “Libya for years maintained close commercial ties with the West, selling most of its oil to Europe or the United States and using the proceeds to purchase Western technology. Qaddafi was also critical of the Soviet Union, especially the atheist aspect of communist..nevertheless Libya purchased soviet technology” (St.John, 2011, p.52). The Leader “did not challenge the emerging capitalist sector of the economy” (Hinnebrusch, 1984, p.62) but rather created a mixed economy encouraging local entepreneurship and private investments: “the fact that all enterprises are nationalized in these countries [semi-periphery] does not make the participation of these enterprises in the world-economy one that does not conform to the mode of operation of a capitalist market-system” (Wallerstein, 1974, p. 413). Libya remained strongly linked to a capitalistic mode of production and power relations, even though its leader had tried to overcome this world-system. Furthermore, “the opposition of powerful established interests” (Hinnebrusch, 1984, p.60) was another pivotal factor that halted the revolutionary project of Qaddafi. The NATO military expedition was “was to disrupt an emerging pattern of independence and a network of collaboration that could facilitate increased African self-reliance which was at odds with the geostrategic and political economic ambition of extra-continental powers” (Forte, chapter 1, 2012). As Sirte symbolizes the revival of a pan-African ideology, the city was entirely destroyed during the war, suggesting the failure of this ideal. As a matter of fact, a month before Gaddafi was killed, “investments funds benefitting Libya’s African partners were blocked, bt the production of oil and natural gas for European consumption was enabled” (Idem, 2012). As Samir Amin said about the main motif of Libya´s failure, “Libya has never truly existed as a nation” (2011, p. 25). According to the author, Gaddafi was only trying to please the West, submitting to every demand of Washington and NATO. A manipulated and uncontrolled political situation does not constitute the base for a strong nation, and Gaddafi with his unpredictability (Amin, 2011) destroyed any chance of Libya to become a core country. Even at the present 22 time, to Amin, Libya is a peripheral country11 that will remain in this status until a very unlikely and resilient socialist revolution, like most Arab world countries “The United States and Europe seek in the Arab world a repetition of what happened in Mali, Indonesia, and the Philippines: to change everything in order that nothing changes!” (2011, p. 26). The core countries will always manipulate the peripheral ones through supporting popular revolutionist movements to “get rid” of the dictators and then setting up a government easily commanded (Amin, 2011). Overall, considering all the reasons mentioned, Libya cannot be considered neither a core country nor a socialist one due to the failure of Gaddafi’s projects and its weak state-machinery, as Wallerstein would define it. 2.4 Libya’s dependence on the West The mismanagement of African states after their decolonization is a considerably recurrent topic in the literature12 which tries to propose that a recolonization of the country would bring positive effects. Colonialism laid the seeds of the intellectual and material development in Africans. It brought enlightenment where there was ignorance...Formal education and modern medicine were brought to people who had limited understanding or control of their physical environment. The introduction of modern communications, exportable agricultural crops and some new industries provided a foundation for economic development...Africa is in political and economic turmoil today, defenders of the imperialism say, because it failed to take advantage of its inheritance from colonial rule..It was, they summarise, Africa’s inadequacies that made colonisation necessary and the outcome of post-independence self-rule suggests that the withdrawal by the colonial powers was premature (Obadina, 2000, p.2) In the Libyan case, after the war, the dependency position of the country to Western influence is well emphasized by the words of David Cameron in the opening speech at the London Conference on Libya, the 29th of March 2011: 11 Amin´s Dependency theory places Libya as a peripheral country (the author does not recognize semiperipheral). 12 Pfaff 1995, Mazrui 1994, Lewis 2009 et al. 23 “The Libyan people cannot reach that future on their own...we must help the Libyan people plan for their future after the conflict is over” (Forte, Introduction, 2012). Although generally scholars agree on the damages that colonization provoked in Africa, “given the nature of both the development challenge in sub-Saharan Africa and the quality of governance in the region, as unpalatable as it may seem, neo-colonialism could actually be a desirable factor in positively pushing the frontiers of current levels of socio-economic and political development in the region” (Ngomba, 2011, p.10)13. A scenario that call for the definite end of neocolonialist is “significantly illusionary” (Idem, p.5). In this context the intervention of NATO in Libya, though wanted by some strata of the Libyan population, is the symptom of the belief that the “our” intervention and actions will benefit “them” (Forte, Introduction, 2012). The influence that ex-colonial powers continue to exercise upon ex-colonies are several: the first one is the economic interdependence of two states. In the Libyan case, the north African country has been economically dealing with the ex-homeland Italy and to, generally speaking, the West and emerging countries. In the aftermath of the coup, “Libya respected American expertise and desired continued access to American technology…and several thousand Libyans continued to study at American colleges and universities” (St.John, 2011, p.118). Moreover, ENI, the biggest Italian energy company, has been making profits in Libya since the discovery of the oil reserves, in 1959, and is still today the largest international company in the North African country14 (Libya-business news, 10 March 2014). After Qaddafi was overthown thanks to NATO intervention into the civil war, UE and UN have immediately positioned themselves as supporters of the new democratic transition and offered help and million of euro in programs. Through this assistance, “these ‘donor countries or agencies’ arguably appropriate a certain level of leverage in their dealings with these countries (Libya) and it is at 13 Ngomba’s “The (un) desirability of neo-colonialism and the development challenge in Africa” can be retrieved from: http://www.aefjn.be/index.php/home.html 14 The entire article can be retrieved from http://www.libya-businessnews.com/2014/03/10/eni-boss-meets-with-ali-zeidan/ 24 the level of ‘making use’ of their acquired (deserved?) leverage that sparks of neo-colonialism are exhibited and related charges levied” (Ngomba, 2011, p.7). Here lies the second typology of influence, the financing of the peripheral country which, as a result, will be always in debt. The third typology of influence works through the use of prominent personalities who are related to the West. “Neocolonialist is not about Western agency, but also of local collaborators and upholders of Western powers” (Forte, Introducion, 2012). A clear example of it is the actual president of Ivory Coast, Aassane Outtara, who is married to a Frenchwoman and he has spent much of his professional life working for the International Monetary Fund where he even became a deputy managing director of IMF. So he is what the Gambian government has called ‘Western Neo colonialist sponsored agents in Africa’ who are likely to ‘owe allegiance only to themselves and their Western Masters (Ngomba, 2011, p.5) The concept is known in some of the academic literature as bourgeoisie comprador, which in essence embodies or internalizes the basic theoretical problem of the peripheral political economy: economic activity oriented primarily for the benefit of the other. By strict definition, compradors are native agents or partners of foreign investors who operate in some form in the local economy. However, in the theoretical context of assessing the possibilities for the local industrial development, compradors represent forces that hinder change. As “agents of foreign imperialism, they act “against the interest of the national economy” (Vitalis, 1990, p.291) In ex-colonies and Third world countries the bourgeoisie comprador usually replaces the national bourgeosie, which “history has shown..is not capable, in our era, of achieving what it achieved elsewhere, in Europe, North America and Japan in the nineteenth century” (Amin, 1987, p.1144). The developed states are a model for the underdeveloped ones and that is the reason why the comprador class of Third world countries arises and follows the Western model of development, contributing, as a result, to their underdevelopment. 25 The level of the influence of the core countries is “not only in terms of national economic planning, finances and technology, but also in terms of consumption, culture and the ideology of everyday life” (Amin, 1987, p.1146-7). The Libyan bourgeoisie comprador emerged from a particularly favorable context in which The bureaucracy was extremely wasteful, the development effort was excessively dependent on foreign manpower, and massive urbanization fuelled consumption demands and further eroded indigenous agriculture. State capitalism stimulated , not a productive Libyan entrepreneurship, but middleman ventures between the state and foreign contractors, an explosion of import commerce, and absentee agriculture dependent on imported labour. Non-productive state employment mushroomed. Libyans were becoming a non-productive, dependent leisure class and a new comprador bourgeoisie , swelled by exorbitant profits, was in formation (Hinnebrusch, 1984, p.69). In fact, both former prime ministers elected in the post-Gaddafi’s era, Mustafa Abushagur and Ali Zeidan, have lived years in western countries, the former in the US and the latter in Geneva, and it is likely that they have assimilated the Western culture and have been influenced by it during their governmental period. In addition, many members of Lampedusa in Hamburg and some of the interviewee cited in this project worked for years in foreign companies operating in Libya. Athough the initial difficulties in dealing with the new-born Qaddafi government, the profits that they made were incredible. Libya needed their expertise and facilities in order to exploit its own oil reserves, thus this created a balanced relationship between the two parties, that, as the Libyan history shows, has never remained on Libya’s side for long. The critical approach we employed, which sees Libya being a semiperipheral country that tried to differentiate itself from the capitalist system, is useful to analyze Qaddafi’s role and its continuos change of policy regarding oil, gas and international relations. The interests of the West in Libya were powerful, thus, after an attempt to nationalize and redistribute to the Libyan population, the respond, mainly from the U.S. and UN, left Qaddafi without 26 choice. Furthermore, the weak bureaucratic and administrative machine, the strong dependence on oil as the only reserve of income for the state, put Libya in the position of relying heavily on the West and its economic power. While Western nations need the Libyan oil and gas, at the same time they push and keep Libya down because they do not want to be left apart in this profitable market. 27 3. The case of Libya Describing the history of a single nation might be imagined to be a simple process of facts and names. On the contrary, in our portray of Libyan history we tried to dip from different sources, in order to give a more variegate and complex scenario in which the Qaddafi’s figure and the 2001 war are seen from an ordinary point of view. Therefore, the main focus of the chapter is posed on the characterization of the economic and politican interests that were much present within Libya during the Qaddafi government and how these have been shaping Libyan internal policies and international relations, until the culmination of the 2011 war, which determined a definite end of Qaddafi and his ideology. 3.1 Introduction Especially during the last 80 years, Libya has passed through various historical developments worth mentioning. Libya´s changing historical periods and developments need here to be clarified and underlined in order to better comprehend the more recent situation and events on this country , the situation of migration flows and refugees’ current conditions. In retrospect, the following milestones comprised and resume the pre-2011 war history of Libya: 1) the discovery of massive oil reserves; 2) Qaddafi socialist revolution; 3) confrontation with the U.S.; 4) sanctions from international communities; 5) Libya’s compensation and wholesale privatization 6) bilateral border control and tightened market. 3.2 Independence of Libya, the discovery of massive oil reserves and the European pressure to curb migration flows After years of colonization, before under Italy (1910-1947) and subsequently France and Britain, Libya finally declared its independence in 1951 and proclaimed itself as a constitutional and hereditary monarchy under King Idris. From then on, it became “the first country to achieve independence through the United Nations and one of the former European possessions in Africa to gain independence” (Kerr & Cantu, 2012, p.87). Despite its independence, throughout the first decade of a new beginning, Libya was an agricultural- 28 centered barren country, lacking natural resources, capital and skilled labor. “Upward of 80 percent of the labour force was engaged in agricultural or animal husbandry…Moreover, the industrial sector offered even less potential than agriculture” (St. John, 2013, p.38). Facing internal challenges, Libya “rested heavily on the income and developmental assistance generated by American and British bases in the country” (Idem, p. 41). According to the Petroleum Law of 1955 and “attractive terms of the new law”, the monarchy managed to engage oil companies into the territory by assuring to base their future decisions on commercial rather than political considerations. As a result, these initiatives lowered the level of political risk in Libya compared to elsewhere, but increased the country dependence on foreign support and interests. Even “military coups after independence were led by men trained in British military schools and staff colleges, though the regimes had no intention of accepting British influence” (Oakes, 2012, p.129). In 1959, significant oil reserves were discovered in the North African country and “the subsequent income from petroleum sales enabled what had been one of the world’s poorest countries to become extremely wealthy, as measured by per capita GDP” (Kerr & Cantu, 2012, p.87). Additional to its high-quality oil, Libya was advantaged over its African and Middle Eastern competitors for low transportation costs thanks to a closer location to European markets. In 1962, Libya joined the Organization of the Petroleum Exporting Countries (OPEC) (St. John, 2013). “Following the discovery of oil, Libya developed into a classic example of a rentier state, one in which the economic rent derived from the sale of a single resource, often hydrocarbons, enables the state to act as the distributor of this rent in the form of education, housing, and other social services” (Idem, p. 83). The exploitation of Libyan oil deposits by the monarchy proved paradoxically in that it freed Libya from one form of dependence, the income from military bases, only to replace it with another. In order to develop its hydrocarbon resources, Libya had to remain on friendly terms with the West to encourage exploration and investment as well as to gain access to the technicians and technology of Western oil companies. (Idem, p. 43) 29 On the other hand, the West was similarly bounded to Libya because of its urgent and high need of hydrocarbons. Britain and Italy, for instance, comprised their political relation with Qaddafi’s regime in exchange for oil concessions. In August 2009, the British government freed Abdelbaset al-Meghrahi, the convicted Lockerbie bomber, while, in 2008, Berlusconi handed over $5 billion as an apology for Italian colonialism. “In his characteristic bluntness, Berlusconi said he apologized so that Italy would get ‘less illegal immigrants and more oil” (Prashad, 2012, p.132) 3.3 The Qaddafi revolution For the oil companies, “the honeymoon ended in December 1969” (St. John, p.88), when Mu’ammar Abu Minyar al-Qaddafi, by then a 28-year-old army officer overthrew the monarch of King Idris and claimed in power. On the other hand, as Boyle (2013) defends, one can say that “before the Qaddafi coup against King Idris the Libyan people lived in a situation of dire poverty. Qaddafi completely reversed this situation” (p.85). He accomplished this improvement firstly by “attacking the old social order and calling for radical change in the socioeconomic and political system” (idem, p.50). Secondly, drastic changes occurred in the agreements between Libya and western oil companies. Qaddafi “changed the geopolitics of oil forever” by nationalizing most oil companies in Libya with Occidental as the role model and” the other Arab oil-producing states soon followed suit”(idem, p.88). The measure undermined especially the most vulnerable companies which did not have oil resources outside Libya: “Occidental conceded a majority of profits to Libya, ending the traditional 50:50 split and introducing a new ration of 55 percent of the producing state and 45 percent for the oil company” (idem, p.88). Libya consecutively nationalized BP’s oil concessions, including the Sarir field shared with Bunker Hunt, withdrew Libya’s sterling balances in London and imposed a partial oil boycott which was supported by other Arab states, doubling the posted price of oil. Politically, Qaddafi tried to impose the revolutionary goals of freedom, socialism, and unity from top down, while criticizing both communism and capitalism, “the former as a monopoly of state ownership and the latter as a 30 monopoly of individuals and companies” (idem, p.56), and maintaining a hostile foreign policy. In 1973, Qaddafi declared a “cultural revolution” which led to government control of schools, universities, hospitals and workplaces (Oakes, 2012). In the 1970s, Libya claimed leadership of Arab and African revolutionary forces and the people’s bureaus, aided by Libyan religious, political, educational, and business institutions overseas, attempted to export Qaddafi’s revolutionary philosophy abroad (Kerr & Cantu, 2012). Initially his main focus was the Arab states of North Africa and Middle East: Qaddafi’s main ambition was to create strong ties between those nations, linked by the Islamic religion. After years of attempts, however, Qaddafi understood that those countries were not interested at all in his project, and thus his interests switched toward sub-Saharan Africa (Forte, 2012). From the WikiLeaks cables America seemed really worried about the role that Qaddafi was acquiring in Africa at that time, in fact “Libya led by Gaddafi was also a major source of aid and investment in numerous African countries” (Idem). It invested mainly in infrastructure and agriculture, constructing mosques, hospitals, schools. Qaddafi’s investments in Africa are estimated to be around 150 billion dollar. Notably, after he was release from his imprisonment Feb 11, 1990, Nelson Mandela met with Qaddafi who supported his fight against Apartheid by training ANC fighters and funding their education abroad15. From 1969 to around 1973, however, the Revolutionary Command Council (RCC)16 not only encouraged but actually subsidized indigenous capitalism. Throughout this period, Qaddafi stressed his respect for private ownership and carefully differentiated between domestic (characterized as bad only when they were exploitative) and foreign capitalists (subject to severe regulation). Consequently, “domestic capitalism flourished and substantial private fortunes were accumulated in a period in which the regime officially advocated a socialist system” (St. John, 2013, p.90-91). By the end of the 1970s, a serious recession plagued Libya due to its socialist revolution that considerably changed long-standing economic and 15 Article retrieved from: http://english.pravda.ru/opinion/columnists/05-01-2014/126547mandela_gaddafi-0/ 16 After the coup, RCC was the ruling body of Libya, from 1969 to 1977. 31 social structures. Oil-dominated economy drained manpower from farmland to urban areas and eventually led to declining global oil prices and Libyan exports reduced. In response, the regime imported large numbers of expatriate workers to remedy the agricultural sector. Besides the failure in economic revolution, the ideal way of direct democracy based on Qaddafi’s Green Book17 was also haunted by the enemies of democracy, apathy and bureaucracy. “In Libya, these ills were exacerbated by the huge distances people were required to travel to attend the various conferences. Frustration occurred and local issues were constantly raised but rarely resolved” (Oakes, 2012, p.137). All these setbacks forced Libya and Qaddafi to slow down some ambitious development projects “which would have led to a greater diversification of the economy because the regime refused to curtail military expenditures even as the revenues dropped” (Idem, p.96). Libya had to cut public expenditure, expelled foreign workers and postponed payment to foreign contractors and some grand projects such as the Sirte fertilizer complex, the Misrata steel works and the Great Manmade River18 had to be delayed. 3.4 Confrontation with the US and sanctions from the international community The wealth redistribution was externally viewed as threats by the US, the EU and objected internally by some officials such as Mahmoud Jibril, who was selected to transform the Libyan economy by Saif Al-Islam Qaddafi but strongly influenced by the advice from western society. “Mahmoud wanted to downsize the Libyan government and lay off a large segment of the public sector, but in exchange increase government regulations in Libya” (McKinney, 2011, p.212). In the 1980s, Libya was confronted with bitter economic sanctions out of previous hostile diplomacy toward the West. This hostile relationship started with the shift of American administration that prioritized the international 17 It is a book written by Qaddafi himself, which was published in English in 1976. In the three volumes of it, Qaddafi explores the reasons of his policies and justifies them. The first volume explains why the form of direct democracy is the best form of government. In the second, resuming from his Third Universal Theory, he explains his idea of socialism; while in the third one he addresses certain strata of the society such as minorities, women and black people. 18 The project was inaugurated in 1983 and involved an investment of 3.3 billion dollar for the 1,900 km pipeline that would carry two million cubic meter of water per day and irrigate 180,000 hectares of land in Benghazi and Sirte. The aim was to revitalize industrial and agricultural activities. 32 terrorism above the human rights issue. “In January of 1981, the Reagan administration forthrightly proclaimed its intention to replace president Carter’s purported emphasis on human rights with a war against international terrorism as the keystone of its foreign policy” (Boyle, 2013, p.38). However, We must never forget that the overwhelming majority of terrorist acts – whether in number or in terms of sheer human and material destructiveness – have been committed by strong state against weak states, as well as by all governments against their own citizens. (Idem, p.40) In other words, according to Boyle19, America needs to recognize responsibility for crimes against humanity and not to exclusively blame “weaker” countries. “Until that time, Americans will continue to become targets of attack by these frustrated and aggrieved individuals throughout the Middle East and the Mediterranean” (Idem, p.42). Consequently, president Reagan “ordered that all economic transactions between the United States and Libya essentially be terminated and a freeze of Libyan assets held in the United States as well as Libyan assets held in subsidiaries of U.S. banks located abroad”(Idem, p.45). In 1982, The United States banned the imports of Libyan oil and prohibited the export of oil and gas machinery to Libya, and three years later it ordered American oil companies out of Libya. Exxon and Mobil had already pulled out of Libya in 1981 and 1982, respectively, claiming that their ventures were no longer profitable (St. John, 2013, p. 95-6). As a matter of fact, in 1984, UK broke off diplomatic relations with Libya after a British policewoman was shot dead outside the Libyan embassy in London while anti-Qaddafi protests were taking place20. But surprisingly, US intervention did not expectedly reduce Libya’s military expenditures while “its main effect was to increase sales to European markets” instead (Idem, p.96). In fact, European states had little involvement in the dispute between U.S. and Libya. They would take only minimal gestures in support of the U.S. position…they would not actively support America in its “war against international terrorism” 19 Boyle is clearly a Qaddafi supporter and friend (as mentioned several times throughout his book), thus, his position, ideas and theory should be referred to with caution in order not to be misinterpreted by the reader 20 Available in: http://www.bbc.com/news/world-africa-13755445 33 primarily because of economic motivations was simply unwarranted...The main reason was simply because of their good faith belief that America’s approach was fatally flawed (Boyle, 2013, p.91) Nevertheless, that involvement changed later on, especially during the recent war period when “the United Nations became an accomplice to, and an aid and abettor of, U.S./NATO international crime against Libya and the Libyans during 2011 and beyond” (Idem, p.188) In 1992, UN imposed sanctions on Libya in an effort to force it to hand over for trial two of its citizens suspected of involvement the 1988 bombing of Pan Am flight 103 over Lockerbie, Scotland and passed UN Security Council resolutions (UNSCRs) obliging Libya to fulfill requirements related to the bombing before sanctions could be lifted. Qaddafi initially refused to comply with these requirements, leading to Libya’s political and economic isolation for most of the 1990s (Kerr & Cantu, 2012) In the second half of 1999, Libya launched fresh initiatives in Africa and Europe, followed by surrendering the two Libyans suspected to had been involved with the bombing for trial before a Scottish court in the Netherlands. In 1999, UN sanctions were suspended and Libya’s diplomatic relations with UK restored21. By 2000, Libya had reestablished ties with a large number of states, ending its commercial and diplomatic isolation via open investment opportunities and a strong emphasis on agriculture, tourism, and trade (Kerr & Cantu, 2012; St. John, 2013). Two years later, Libya and the U.S. announced that the countries had held talks to mend relations derived from all the hostility caused by the U.S. accusations of Libya sponsored terrorism like the Lockerbie bombing case. Libya signed the UN deal accepting responsibility and compensating the family victims with 2.7 billion dollars (St.John, 2013). Consequently, UN lifted the sanctions (McKinney, 2011). Even though Libya took responsibility, there are still some uncertainty about the facts since the U.S. was extremely focused on accusing Libya: “the United States and the United Kingdom were never interested in obtaining justice or truth when it came to the Lockerbie bombing and its victims” (Boyle, 2013, p.119). These sanctions seem to serve as a political strategy rather than humanitarian ones. Besides 21 Available in: http://www.bbc.com/news/world-africa-13755445 34 Lockerbie incidents, the U.S. also criticized Qaddafi’s plans concerning women rights as a mean to justify sub consequent actions. Even though it can be argued and susceptible to interpretation, the Green Book proclaims to consider women and men as equal: “Women were free and empowered to do anything they wanted all over the country…Qaddafi decreed that women are equal to men..I doubt very seriously that the 2011 US/NATO war will advance the cause of women in Libya” (Boyle, 2013, p.12). By the end of the year 2003, Libya disposed weapons of mass destruction (WMD) and Missile Technology Control Regime (MTCR), and in exchange, the International arms embargo was lifted (Kerr & Cantu, 2012). Gaddafi was going to buy his way into elite circles. Some call it being “in bed with the west”, but one might still see this as an alternative route of what Reagan administration officials called a “diplomacy of subversion”. Indeed Obama seems to have understood it in that matter, refusing at every possible instance any state visit with Gaddafi (Forte, 2012, chapter 2). Despite the diplomacy change, Qaddafi continued to criticize the West for having given Libya little in return though all the concessions it made: “Libya, in fact, continued to remain on the U.S. list of “state sponsors of terrorism” (Forte, 2012, chapter 2). 3.5 Libya’s compensation and wholesale privatization In 2003, Libya was elected chairman of the UN Human Rights Commission. The US and Human rights groups opposed this decision, but the UN decided to do so, because it believed that if the state were to be appointed chairman, changes in their Human Rights policies would be enhanced.22 At the same time, Qaddafi “called for a wholesale privatization of hydrocarbon industry and pledged to bring Libya into the World Trade Organization (WTO)” (St. John, 2013, p.101-3). This economic policy shift can be illustrated by the Western Libya Gas Project (WLGP) – major project activated by Libya to exploit its natural gas fields. The project moved the gas from the offshore platform to 22 Article available in: www.milanmun.it/DATA/bacheca/file/The%20Respect%20Of%20Human%20Rights%20in%20Libya.pdf 35 onshore near the Algeria’s border and was expected to provide the 30 percent of Italian’s needs. The Green Stream pipeline made possible the connection between Libya and Sicily, and then distributed the gas throughout Europe (St. John, 2013). Continuing in its humanitarian improvement, in 2004 January, Libya agreed to compensate the victims of 1986 Berlin nightclub bombing with 35 million dollars. Once again, the U.S. repaid by ending the economic sanctions. In August 2004, Libya announced a new round of EPSAs which offered enhanced incentives for oil and gas exploration in an open, competitive bidding environment…The high level of interest in Libyan oil development was due in part to the fact that only 25 percent of the country had been explored to this point (St. John, p.105). Libya´s auction of oil and gas exploration licenses interested several U.S. (mostly Occidental, Amerada Hess and Texaco) and international oil companies to return to Libya after 20 years of absence. When the oil prices started declining, around 2007/8, Qaddafi threatened to nationalize the industry, arguing that the oil-producing states should maximize revenues from their key resource. This “empty” (was never expected to happen) threat worked and contracts with ENI, Occidental, Total and Repsol reduced “their oil take from as much as 49 percent to less than half that amount” (St. John, 2013, p.108). In the meanwhile, WikiLeaks published US diplomatic cables involving Libya relations. In which the US, France, England and Italy were “accomplices” of Qaddafi who collaborated with him, armed him and supported him in order to protect the oil interests. This support was meant to prevent Qaddafi from nationalizing the oil and jeopardizing their own interests (McKinney, 2011). 3.6 Bilateral border control and tightened market Libya entered a new phase, after compensating all victims of terrorism, in where it had the highest Human Development Index in Africa and the highest Gross Domestic Production (GDP) in Africa (McKinney, 2011, p. 591). “Using the removal of sanction as an incentive, the European Union exerted some pressure on Libya to cooperate with it in intercepting African migrants 36 before they reached EU states” (Forte, 2012, chapter 3). It is not in fact a coincidence that the same day the sanctions were lifted, the European Union decided to deal with Libya regarding the immigration concern. In May 2009, Italy and Libya launched controversial joint naval patrols with the purpose of intercepting and returning immigrating Libyans that tried to cross the Mediterranean to Italy. Shortly after, Qaddafi visited Italy formalizing the trading between the two countries. The history of the deal between Italy and Libya starts in 2000 with an agreement which aimed at fighting terrorism, organized criminality, drug traffic and illegal migration. However, only in May 2009 an operative agreement was reached. The protocol consisted in joint naval operations under the training of the Italian forces and with technology provided by Italy (Battista, 2011). The agreement describes the modalities in which illegal migrants can be sent back to Libya if found heading to Italy. This specific part of it raised question about the legality of the actions described because, according to the Geneva Convention of 1951, the refoulement practice violates the human rights of people who seek refuge. This agreement can be justified by Europe´s fear that many Africans could enter Europe through Libya. Meanwhile, many reports condemned the treatment of Libya to the migrants sent back at that time. Libya was once again (but more strongly) associated with lack of Human rights 23: September 2006 was a huge date for Human Rights in Libya. “Human rights Watch” accuses Libya of abusing the human rights of African Migrants trying to enter the EU by forcibly repatriating them. Some of the migrants face possible persecution or torture at home, according to the report. This was the first case where the Countries Policy on Human rights was actually argued.24 For years Libya had permitted sub-Saharan African workers to cross its borders to work and study in the country, since it depended heavily on the work of migrants for the economic growth, especially in sectors such as agriculture and construction. 23 An example of this was when Sarkozy refused to meet with Qaddafi because of Human Rights issues, after a profitable agreement between Libya and France. This deal was immediately criticized by some European countries and later Sarkozy denied the deal and referred to it as “negotiations”. 24 Cited from: http://edition.cnn.com/2013/09/20/world/libya-civil-war-fast-facts/ 37 After Qaddafi’s policy towards the Middle Easter countries failed, his attention turned to Africa and in the attempt of collecting consensus, he invited Africans to come to Libya for working (De Haas, 2008). However, in 2000 “the Libyan economy had to deal with the presence of 1.5 million foreign workers, while 200,000 Libyans were unemployed” (Forte, 2012, chapter 3). In September 2000 Libyans, tired of the situation, launched “pogroms” (Idem, 2012) against black Africans and killed many of them. According to some diplomats, “at least 150 people were killed, 16 of them Libyans”25. Entering an instable period for Libya, in 2010 the UNHCR was expelled “due to their operational work on refugees and Human Rights. This was a major issue because it was the first case of a major UN agency expelled from a country.”26 Nonetheless, Libya collaborated with the European Union by signing an agreement designed to slow illegal immigration. Libya played a crucial role in slowing down the flow of illegal African immigrants to Europe. 3.7 Anti-Qaddafi uprising and the war Libyan foundamentalists Muslims had always been a strong opponent group to Qaddafi’s change. Qaddafi’s foremost opponents had always been Libya’s Muslim fundamentalists who detested him for (1) his secular-nationalist rule deliberately modeled upon his hero and role model, Egypt’s Gamal Abdel Nasser; (2) his liberation and empowerment of Libyan women; and (3) Qaddafi’s Green Book that tried to carve-out a third way between capitalism and communism that was consistent with Islam, but which they nevertheless considered to be heretical. For the most part, Libyans constitute a moderate Sunni Muslim population. Yet, in order to overthrow Qaddafi in 2011, the U.S. and NATO states worked hand-in glove with Libyan and imported foreign Muslim fundamentalists including members of Al Qaeda and Salafists (Boyle, 2013,p.13). 25 The whole article can be retrieved from http://www.economist.com/node/392844 26 Article available in: www.milanmun.it/DATA/bacheca/file/The%20Respect%20Of%20Human%20Rights%20in%20Libya.pdf 38 In the beginning of the year of 2011 Libya was one of the many countries involved in the Arab spring protests, starting with a series of peaceful protests. Yet according to Prashad(2012), NATO brought up the issue of “Arab spring” so as to justify its intervention in Libya, as “they provided the best fog for the conversion of the previously peaceful Arab Spring into a military conflict” (p.90) . 15 February marked the beginning of the Libyan war. It started with violent protests in Benghazi that rapidly spread to other cities, leading clashes between security forces and rebels, pro and anti-Qaddafi groups. In spite of the threats, Qaddafi insisted in not quitting and remained in control of Tripoli. The next big development of the war Libya occurred at the end of February, when the National Transitional Council (NTC) was created with the objective of representing a political movement that the world could recognize as in opposition to Qaddafi. The Council obtained the recognition of the Western world as a legitimate government. The political control of the leadership faction of the NTC was firmly in the hands of two neoliberal reformers, both of whom had previously worked in Qaddafi’s regime. One of them was Mahmoud Jibril, the lead neoliberal "reformer" in the Qaddafi regime, closely with Saif al-Islam on the privatization of Libya. The other was Ali Abd al-Aziz al-Isawi who was Qaddafi’s Director General for the Ownership expansion program (privatization fund), and then later Secretary of the Committee for Economy, Trade and Investment. They are labeled as “America’s Libyans”(Prashad, 2012, p.202). The Council obtained the recognition of the Western world as a legitimate government. Neither NATO nor the NTC was interested in the humanity of Africans. These forces were interested in removing Gaddafi from power, and having to negotiate with the African Union was seen as a minor irritation. (Campbell, 2012, p.244) It is also important to note that NTC held an ambiguous attitude toward NATO interventions. For example, on February 27, Abdul Hafiz Ghoga, the NTC’s spokesperson announced in Benghazi, “We are completely against foreign intervention. The rest of Libya will be liberated by the people and Qaddafi’s security forces will be eliminated by the people of Libya” (Idem, p.180). Nevertheless, Benghazi called for intervention only after March 10, when 39 France recognized the NTC. (..) NATO intervention strengthened NTC’s own hand among the rebels, and marginalized the more patriotic and anti-imperialist among them. In that sense, “the NATO intervention was an essential part of the attempt to hijack the Libyan rebellion” (Idem, p.180). After the United Nations Security Council Resolution 197327, NATO’s intervention became legitimate in the war. Although the official purpose of the intervention was to save lives and free the Libyan population, controversy arose toward its military actions, especially in Sirte. “The problem was that UN aid workers were not permitted to enter Sirte, “for security reasons”. Somebody must have been restricting their movements in particular, especially as journalists entered Sirte. Those who supposedly claimed the right to protect civilians were blocking food and medical supplies [from them]” (Forte, 2012, chapter 2). Besides Libyan civilians, during and after the war black Libyans and African migrant workers were hunted down and executed because they were considered mercenaries of Qaddafi. But, in fact, “NATO’s bombings ceased immediately on the same day (of Qaddafi’s murder), and within days the operation as a whole was formally ended. Meanwhile the new regime continues to threaten civilians seen as pro-Gaddafi with arbitrary detention, abduction, ethnic cleansing, torture, and outright execution” (Idem). At the same time, several control measures started to be imposed on Libya: the U.S. and the European Union froze Qaddafi´s assets and imposed an arms embargo; NATO began a 24 hour air surveillance of Libya; the EU imposes sanctions on the Libyan Investment Authority.28 These are perfect examples on how the developed and powerful countries controlled smaller and more vulnerable countries so easily, despite all the previous “peaceful” agreements. 27 Resolution 1973 (2011) was adopted by UN with a vote of 10 in favour to none against, with 5 abstentions (Brazil, China, Germany, India, Russian Federation), the Council authorized Member States, acting nationally or through regional organizations or arrangements, to take all necessary measures to protect civilians under threat of attack in the country. It demanded an immediate ceasefire in Libya, including an end to the current attacks against civilians, which it said might constitute “crimes against humanity”, the Security Council imposed a ban on all flights in the country’s airspace — a no-fly zone — and tightened sanctions on the Qadhafi regime and its supporters. (http://www.un.org/News/Press/docs/2011/sc10200.doc.htm ) 28 Available in: http://edition.cnn.com/2013/09/20/world/libya-civil-war-fast-facts/ 40 In March, “the U.S. and allied forces against Qaddafi regime established an initial no-fly zone over major cities and air bases near Libyan coast. The first offensive operation was carried out by French aircraft striking armored units near Benghazi” (Kerr & Cantu, 2012, p. 11). There were two main reasons why the no-fly zone was instituted: first of all, the propaganda of the African mercenaries who arrived flying to Libya to combat in Qaddafi’s forces enforced the idea of airport as a dangerous hub. Secondly, the alleged suspicion that Qaddafi was using his air forces for killing his own people. But the information was not confirmed, according to the words of the U.S. Secretary of Defense, Robert Gates, when asked. (Forte, 2012, chapter 5). Therefore, the ban of aircraft did not apply to NATO and its allied flights in the name of humanitarian assistance, medical and food supplies or evacuating foreign nationals from Libya. The NATO operation not only aimed at a no-fly zone, but regime change and foreign nationals residing in the Libyan Arab Jamahiriya. “These international strategists lost no time in pushing through the UN resolution, because, in the midst of the capitalist crisis, Libya’s leader was threatening to nationalize Western’s interests” (Campbell, 2012,p.134). In this instance, “international community” evolved into a synonym for the interests of Western capital. While Qaddafi´s discourse focus on how the countries involved in the airstrikes are terrorists, “the new Nazis” and promises a “long-drawn war”29, Obama´s speech of March 28, 2011, addresses to the American public about the Libya situation endorsed these positions: “Tonight, I can report that we have stopped Gadhafi's deadly advance" and that the United States will "support the aspirations of the Libyan people" as the "military effort ratchets down."30 Later on, Qaddafi urged Obama to end the NATO bombing campaign. In Sirte, Qaddafi’s home town and major hub of development, the population fought against the NATO and rebel’s forces in order to protect the Leader. “Many of those fighting the opposition militias were, like the militias, largely composed of armed civilians..this also jeopardized the “humanitarian protection” 29 30 Cited from: http://edition.cnn.com/2013/09/20/world/libya-civil-war-fast-facts/ Cited from: http://edition.cnn.com/2013/09/20/world/libya-civil-war-fast-facts/ 41 motive. If the UN and NATO could work to protect armed civilians supposedly represented by the NTC, then why not the armed civilians of Sirte?” (Forte, 2012, chapter 1). The United Nation Security Council did not pass a resolution or take actions regarding the brutal and indiscriminate murders of Sirte population that happened during the conflict by rebels. Although the war in Libya was publicized as a humanitarian intervention in order to save lives and free the people of Libya, the words of Hillary Clinton on NBC 2011/3/27 seem to contradict it: Did Libya attack us? No. They did not attack us. Do they have a very critical role in this region and do their neighbor two countries – you just mentioned one, Egypt, the other Tunisia – that are going through these extraordinary transformations and cannot afford to be destabilized by conflict on their borders? Yes. Do they have a major influence on what goes on in Europe because of everything from oil to immigration?...So, you know, let’s be fair here. They didn’t attack us, but what they were doing and Gadhafi’s history and the potential for the disruption and instability was very much in our interests and seen by our European friends and our Arab partners as very vital to their interests” (Forte, 2012, chapter 2). As a demonstration of economic and geopolitical interests in the region it is worth mentioning two episodes that occurred. During the war, the American ambassador in Libya, Gene Cretz, had a conference call with 150 American companies which hoped to do business in Libya after the war, particularly in the infrastructure field. While, a week before Qaddafi was murdered, a delegation of 80 French companies arrived in Tripoli for a meeting with the NTC and, in the meanwhile, the British defense minister urged British companies to do the same, in order not to be left behind the newly opened profitable market (Forte, 2012, chapter 1). After strong NATO airstrikes hit several rebel vehicles and kill rebel fighters and civilians, Italy became the third country, after France and Qatar, to recognize the rebel Council as the legitimate international representative of Libya. Even though in April 2011, Qaddafi publically stated that he was ready to negotiate a ceasefire (but without stepping down), NATO launched a missile 42 attack on a house in Tripoli, killing Qaddafi´s youngest son and three grandchildren. The crowds responded by attacking the British and Italian embassies in Tripoli. The Libya Contact group, constituted by the U.S, France, Great Britain, Italy, Qatar, Kuwait and Jordan, played a major role in the war by helping the rebels to overthrow Qaddafi. After the U.N. Human rights Council alleged finding’s on evidence of war crimes against humanity committed by Qaddafi´s forces the persecution against him increased exponentially. In June, Qaddafi´s son, Saif al-Islam, announced that Libya was open to national elections and his father would step down. But the Libyan opposition, NATO and the U.S. rejected it. Qaddafi´s convictions were never seen to have disappeared: "The strikes will be over and NATO will be defeated. Move always forward to the challenge; pick up your weapons; go to the fight in order to liberate Libya inch by inch from the traitors and from NATO. Be prepared to fight if they hit the ground."31 After being captured by rebel forces in Sirte, Qaddafi was killed in October 20th. Eight months of official war finished on the 23th October. A week passed, the National Transitional Council elected Abdurrahim El-Keib as acting prime minister. NATO secretary general announced the official end of the mission in Libya marking the end of the war. 3.8 Aftermath of the War With Qaddafi out of the way and the end of NATO´s intervention, one can suppose that the violence and death rate would cease but the post-war violence in Libya was and is still evident. Without an organized military, the armed militias continued to attack Qaddafi´s supporters. The proliferation of weapons from Qaddafi´s stock was an international concern, since it could fall into the hand of al-Qaeda: there were "increasing concerns over the looting and likely proliferation of these portable defense systems, as well as munitions and mines, highlighting the potential risk to local and regional stability” (Sengupta & Hughes, 2011). Adding to the Libyan already instable environment, thousands of combatants from Mali and Niger that supported Qaddafi or the National Transitional Council returned to their countries with innumerous weapons. 31 Cited from: http://edition.cnn.com/2013/09/20/world/libya-civil-war-fast-facts/ 43 The National Transitional Council was dissolved and elections took place in July 2012, where Ali Zeidan was nominated Prime Minister. A month later, the power passed to a General National Congress whose main concern is to organize an assembly to write Libya´s new constitution. The Constitutional Declaration done by the NTC will remain effective until the next constitution is finalized. The instability of the Libyan situation can be represented by several episodes that occurred over these 3 years after the war. First of all, Zeidan was forced to leave the country in the early months of 2014 due to internal problems in his coalition. Secondly, briefly before he fled, one of the several militia groups which control territories of Libya loaded a boat with oil which belongs to a reserve owned by an American company and shipped away. When it reached international sea it was blocked by the American navy and forced to ship back to the shore of Libya. This is the clear evidence of the weak government that cannot even control the whole territory of the country. Although the precarious situation that hit Libya, the initial temporary government NTC admitted that it would carry on the policy of demonization and hunting of black illegal migrants, who were thought to be responsible for criminal activities and having been supporters of Qaddafi. In addition, before Qaddafi was deposed, Italy and NTC signed an agreement about continuing the policy of patrols against illegal immigration, causing, thus, many violations of human rights that have been reported. (Forte, 2012) In December 2011, with the same speed that European and US oil companies rushed to Benghazi to shore up existing contracts or secure new one, AFRICOM (the United States Africa Command) was equally interested to play a role in rebuilding Libya’s army…AFRICOM would also be part of developing Libya’s border security forces and women’s role in the constitution, with training and equipment” (Idem, 2012, chapter 4). Throughout the history, at the complex intersection of economic and political powers in Libya, the ideas of third-world countries being backward and in need of the West to develop are still persistent in the Western world. As Forte (2012) admits, “We are the standard by which others are measured. We are what the future of all humanity looks like. The absence of our institutions and values in 44 other societies is a measure of their inferiority. We should help them. We should help them to become more like us” (Idem, conclusion chapter) 4. European migration legislation According to the article 1(2) of the 1951 Convention Relating to the Status of Refugees, a refugee is an individual who Owing a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group , or political opinion, is outside the country of his nationality, and it is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, in unwilling to return to it32. Libya has never signed the Geneva Convention and, furthermore, “given the lack of distinction between refugees and migrants, even at legal level” (Hamood ,2006, p.14-15) the violation of human rights and protection of people in urgent need were not accomplished by the Libyan authorities. All migrants coming to Libya are defined as ‘economic migrants’. On the other side of the Mediterranean, EU has been involved in the fight against illegal migration for years. Since the Tampere Council in 199933 when priorities regarding migratory policies were settled in terms of joint actions and partnership, asylum policies, management of migration flows and patrolling, the interventions of Europe in the matter have been various but mainly with the same objectives. The Laeken Council in 2001 strengthened the idea of combating illegal migration through cooperation, special trainings and the creation of a European school for it34. Libya is a dangerous country in this 32 The entire text of the Convention can be retrieved from http://www.unhcr.org/3b66c2aa10.html 33 During a special meeting regarding the area of freedom, security and justice in the European Union, “one of the focal points of the Union’s work in the years ahead will be to strengthen the common foreign and security policy, including developing a European security and defence policy” (http://www.europarl.europa.eu/summits/tam_en.htm ) 34 The Council reviewed the Tampere Declaration listening the failures, one of those the lack of a “true common asylum and immigration policy (http://www.euractiv.com/future-eu/laeken-summit- 45 sense, because it is a hub for migrants coming from the sub-Saharan Africa, who desire to cross the narrow strait of sea to reach Europe in search of refuge or economic fortune. The West wants the Libyan resources, but not its people. Therefore, several European countries stipulated bilateral agreements with third countries, one of these cases is between Italy and Libya. From 2005, the European Union declared that in all these singular agreements, the type of collaboration has to include control of borders, contrast of irregular migration and repatriation as priorities. The collaboration between Libya and Italy regarding irregular migration started in 2000. Libya at that time had not recovered yet its position on international level, but Italy dealt individually with it. From that year, many agreements followed, always pointing out the importance of joint actions between the two countries. In December 2007 Italy and Libya adopted a protocol whose aim was to put into practice the mutual cooperation signed previously in 2004. Each partner had to intensify the collaboration. The protocol expects the two states to do maritime patrols with boats provided by Italy, but with a mixed crew of Italians and Libyans. The latter would have been trained by the Italian counterpart. The main task was to patrol the Libyan coasts and sea looking for unexpected boats, eventually carrying rescue operations. Due to the scarce collaboration of the Libyan authorities, in 2008 Berlusconi and Qaddafi signed the Benghazi Treaty in order to make operative all the previous protocols and agreements. This time the patrol of Libyan shores was under the control of Italian companies which have the technological competences to succeed. Eventually, on the 6th of May 2009, for the first time, the operative phase began and Libya agreed on receiving back illegal migrants found in international and Italian sea. From the declaration of Italian and Libyan authorities regarding the missions, they were respecting the international law regarding human rights (Universal Declaration of Human Rights) and the UN charts regarding refugees. Unfortunately, Libya has not signed the UN Convention on refugees, and, milestone-europe/article-117058 ); for this reason, justice and home affairs ministers were called to make proposal on the matter of asylum and immigration in order to reach a common regulation. 46 furthermore, cases of refoulement, which are absolutely forbidden in the 1951 Refugee Convention, have been documented35. The Article 33 of the Convention states clearly that the receiving states cannot expel or send back a person without a previous and accurate checking, because lives can be at risk36. 4.1 Frontex One of the more important programs that the European Union has devised in order to manage its external borders is FRONTEX. FRONTEX is a European agency for the management of the operative cooperation to the external borders of the member states of EU. It was created in 2004 and became operative in 2005. Its budget has been increasing over the years, from 19,1 in 2006 to 118,1 million euro in 2011. Its major activities are joint maritime, terrestrial and air actions at the frontiers. Besides the core actions, it includes additionally training programs for border guardians, analysis of risk areas and the development of fast and efficient technology. It collaborates with EUROPOL, the EU anti-crime agency. The agency and its activities are not transparent (Lunaria, 2013, p.22), and many organizations have raised doubts about the respect of human rights during the operations. For example, from 2011 FRONTEX can stipulate agreements with third countries without the approval of the European Commission and parliament. In its database of operation, from 2005 until 2012, 219 joint operations were listed, “but the number of interventions is surely higher since, for example, the operations of forced repatriation performed in 2008 (15) and in 2009 (32) are not registered” (Idem, p.27). 4.2 EURODAC and EUBAM Since 2003 EURODAC (European Dactyloscopy or fingerprint identification) has been a system which permits the comparison of fingerprints of asylum 35 Vassallo, July 2010. The entire article can be retrieved from http://fortresseurope.blogspot.dk/2010/07/litalia-finanzia-e-la-libia-deporta-gli.html 36 The entire text of the Convention can be retrieved from http://www.unhcr.org/3b66c2aa10.html 47 applicants and certain groups of illegal immigrants. Its aim is to help in the identification of the EU state responsible for the asylum application according to the criteria set by the Dublin Convention. Furthermore, the system helps to determine whether individual had already sought the asylum status and eventually crossed illegally its borders. During and in the immediate aftermath of the Libya war and all the others Arab uprisings, the flow of refugees heading towards Europe increased, to the point that Italy declared the state of emergency. EUBAM is the European response to the Libya crisis and, as stated in the website’s factsheet, a civilian Mission under the Common Security and Defence Policy (CSDP), to support the Libyan authorities in improving and developing the security of the country’s borders..EUBAM Libya supports the Libyan authorities in developing border management and security at the country’s land, sea and air borders. It does not carry out any executive functions and the Mission is to achieve its objectives mainly through the transfer of know-how, not funds..The work is carried out through advising, training, and mentoring Libyan counterparts in strengthening the border services in accordance with the international standards and best practices37. The program was signed by European member states the 31st of January 2013, after the insufficient results of many others programs, such as the Tripoli Action Plan, which was signed the 12th of March 2012 between Libya and neighboring countries (Morocco, Algeria, Tunisia, Mauritania, Chad, Egypt, Mali, Niger and Sudan) aiming at strengthening their border control with advanced technology. The amount of bilateral agreements and programs set by EU to halt the irregular migration demonstrates the extreme importance that the phenomenon has gained recently. According to the words of the Lampedusa in Hamburg’s interviewees, they did not have the intention to come to Europe, because their lives were in Libya, where they could earn enough money to send remittances back to their family. On the other hand, Europeans “don’t want me to go forward. It’s like to lock me in the prison and lock the door. But Libya is not like 37 http://eeas.europa.eu/csdp/missions-and-operations/eubamlibya/pdf/factsheet_eubam_libya_en.pdf 48 that. Even though I was living in there, they would come and ask me if I have a job. Work and get your money” (Interviewee J., 08-05-2014). NATO, by intervening in the war, worsened it and people were forced to escape. Italy, and now Hamburg and Germany in general, have been trying to get rid of them because there is neither money nor facilities to accommodate and welcome them all. NATO does not take the responsibility of its actions or acknowledge that the current refugee crisis within Europe has been its fault. “It’s called the pottery store rule: “you break it, you own it”. But it doesn’t just apply to pots and mugs, but to nations..Western governments have resembled the customer who walks away whistling, hoping no one has noticed the mess left behind” (Jones, 24th March 2014, the Guardian)38 According to interviewee R., “They just come and destroy Libya. But they did not think before intervening ‘we need to find some solution for the people living in Libya’. Before to destroy the house you are supposed to know another place to put him, you must find a solution for you to stay” (08-05-2014). The influence of the international community over Libya does not stop at the level of migration regulation and patrolling, but the United Nations, European Union and other countries have been trying to raise their leverage on Libya since the war ended. The reasons behind this can be several, but it is to remember that Libya is still one of the major deposits of petroleum and natural gas on earth, and the interests related to this market do not end with a war, especially when the leaderships of the country is on its way of reconfiguration. The 12th of March 2012 the United Nations Mission in Libya was approved, whose major objectives were the assistance through the democratization process by offering strategic and technical advice. At the beginning the Mission was meant to last three months, but was prolonged several times on the Libyan authority’s request. In addition to this, Europe allocated several million of euro in long-term projects for Libya. Just to give some example, 4.5 million were allocated in support of the constitution writing and the development of a democratic and efficient public 38 The full article can be retrieved from http://www.theguardian.com/commentisfree/2014/mar/24/libya-disaster-shames-westerninterventionists 49 administration, while 8.5 million for health system and 4 million in protection of vulnerable groups (women, kids, minorities) in order to meet their needs. Finally, on the 29th of March 2011 after the London conference of Libya the group called ‘Friends of Libya’ was created (at the beginning its name was Contact Group). It comprises delegates from Arab League, European countries as well as NATO and its main scope after the war is to support the democratic transition of Libya. 50 5. Analysis The analysis chapter is divided into four main sections: the first addresses the migration flows towards Libya and the living and working conditions in the country. It points out a major shift in the immigration policy of Libya: at the turning of the century, the control at the border with sub-Saharan Africa was tightened39. The Libyan lives of our interviewees can be placed in this period of time. Although Libya is considered by many scholars a transit country40, for some of the members of Lampedusa in Hamburg, it was the final destination: many of them had stayed long in the country, had a nice place to live in, work opportunities and good salaries. The second part of our analysis focuses on the war consequences for the migrant workers in Libya and subsequent influences on their survival in Europe This section aims to reveal the narratives of the war and how (mostly foreign) employers left the African worker behind when the war broke out, exposing them to great risks as they were abused by the rebels who mistook them for being Qaddafi’s “mercenaries”. The third section illustrates the comparison of migrants’ living conditions in Libya with that in Germany and Italy, which justifies their approval of Qaddafi’s projects and resentment toward NATO, or more generally, Europe as a whole. The fourth and final section concludes the analysis by drawing a connection with the theories. 5.1 Migration to Libya 5.1.1 Libya - a transit country? Western North Africa has been always highly differentiated from the rest of the continent for its transitory migration component. Also entitled Maghreb region41, this area is associated to a crossroad for migration to Europe, even though such association can be over simplistic: 39 Coincidentally, the first agreement between Italy and Libya regarding the border control was set in 2000. 40 Boubakri, 2004; Hamood, 2006; Bredeloup & Pliez, 2011; De Haas 2008. 41 Algeria, Morocco, Tunisia, Libya and Mauritania. 51 Since the 1990s, the media have directed the public opinion to the thousands of Southern Saharan Africans who take life threatening risks crossing the Mediterranean Sea and Atlantic ocean. This image reflects reality, but only partially so, for it leads one to believe that the crossing of it - the Sahara in the hope of reaching Europe is the only and prearranged goal of the migrants. This simplistic view is misleading because it erases the historical dimension of the movement of people and its consequences. The Sahara is not merely a desert to be crossed; it is an area that has been shaped for more than half a century by the various migrant, trader or pastoral communities who have contributed to its massive urbanization and economic development. There are tens of thousands of these migrants who settled down more or less durably in these new transit areas…where migrants seek employment, create new economic activities, or develop new skills while working, studying or practicing other tongues. (Bredeloup & Pliez, 2011, p. abstract) The Maghreb region, besides being geographically close to Europe, “in comparison with the majority of African countries even the North Africa looks prosperous (…) and therefore a stepping stone to a better life. Thus, in recent years, North African countries have attracted significant numbers of Africans and also some Asian migrants” (Baldwin-Edwards, 2006, p. 316). Libya, as one of the Maghreb countries, can also be described as a transit country (Boubakri, 2004; Hamood, 2006; Bredeloup & Pliez, 2011, De Haas, 2008). A transit country can be defined as a country where migrants or refugees, in this case Africans, pass and have a short-term stay with the aim of reaching, in this case, Europe. However, Libya was not always and not only a transit country, quite the contrary. Before 2004, Libya represented, for the majority of migrants and refugees, their chosen destination country. Libya has a rather different history of migration policy in comparison to its neighboring countries. Owing to the development of its oil and an high per capita GDP, it was always a destination country for labour migrants…the number and proportion of immigrants in Libya is high: estimates range from 1.1-1.4 million up to 1.8 52 million, of which only 600,000 are legal workers...The majority of temporary workers traditionally have come from Egypt, Tunisia and Morocco, although more recent visa-free entry for all of Africa resulted also in large numbers of sub-Saharan Africans. (Baldwin-Edwards, 2006, p. 313) As explained in the previous chapter on Libyan history42, Libya started as a small and poor country but in a decade changed the economic situation due to the discovery of hydrocarbons. From the early sixties, the petroleum industry came to dominate the whole economy, developing swiftly and expanding widely. Libya (…) launch ambitious programmes for economic and social development with its newfound resources (…) thus to make Libya self-sufficient in food production. (Hamood, 2006, p. 17) This economic improvement combined with Qaddafi´s plans to unify Africans, including an internal and external campaign encouraging Africans to work in Libya, turned Libya in the most desired destination country in Africa. In 2004, Libya had a large Maghrebi community: “200.000 Moroccans, 60.000 Tunisians, 20.000/30.000 Algerians” (Boubakri, 2004). “In many places in Sahara, in Kufra, al-Qatrun and Sabha in Libya, entire sections of the city have been renamed as «African neighborhoods»” (Bredeloup & Pliez, 2011, p.3). Yet migrants in Libya coming from sub-Saharan countries were also in the country looking for the best route to reach Europe. “Libya has a large illegal immigrant population – of which a great part is sub-Saharan” (Edwards, 2006, p. 319). Many of the migrants ended up wanting to stay in Libya since there was work and conditions at the time. Libya was among the biggest producing countries of immigration: “2 to 2.5 million foreigners live there, i.e. 25 to 30% of the country’s total population” (Boubakri, 2004, p. 2). Hamood (2006) points to Libya´s transformation from a destination country to a transit country. Multiple factors made Libya an ideal transit country: the events happening in 200043; its ease to entry; geographical vicinity to the poorest and 42 43 The case of Libya, page 26 The case of Libya, page 35 53 most conflicted societies; recognition as a destination country; a long coast line close to Italy and the islands; and, several developments in the field of irregular migration in neighboring countries of Maghreb (most Morocco and Tunisia). Libya was “a major arrival and transit zone for flows of people from the African interior” (Boubakri, 2004, p.7). More important than the reasons why Libya was a transit country are the reasons why it stopped being such an attractive destination country. First of all, Libyan law did not distinguished refugees from migrants. Libya has effectively no immigration policy. There is no clear distinction between legal and illegal immigrants, no asylum procedure of system of protection for refugees, it has not ratified the Geneva Convention on refugees and it does not recognize the UNHC. (Baldwin-Edwards, 2004, p. 319) With a legal framework and official rhetoric that did not recognized the existence of refugees on Libyan territory resulted in a “generalized category of ‘economic migrants’” (Hamood, 2006, p.19). Refugees had no special treatment, no national asylum legislation and no administrative structures to place them. Even though there was no national law on this topic, some brief references of refugee protection existed in Libyan legislation. Like article 11 of Libyan Constitution Proclamation in 1969, in Qaddafi´s power, that prohibits extradition of political refugees. Moreover, Libya as signatory to the OAU Refugee Convention, applied a broad definition of refugees that obliges states parties to protect the rights of refugees, including the principle of non-refoulement (Hamood, 2006). One of the justifications from Libyan officials is that distinguishing refugees from migrants would result in unfounded applications for asylum, leading to more intense and undesired migration flows. Another difficulty posed by Libya to refugees and migrants was all the requirements of the law since the beginning of the 21st century44. According to Hamood´s research (2006) foreigners needed a valid visa to enter, to reside and to leave Libya and violating these could result in prison and a fine. They also needed to carry 500 dinars to cover expenses while in Libya. A contract of employment was also a requirement but there was some flexibility here by 44 Whereas, before that period, African workers could enter the country freely. 54 allowing them to obtain it after arrival. For some foreigners obtaining all the documents was impossible. Libyan officials had mixed messages, as reported in the media – some showing sympathy and recognizing the reasons of foreigners, and others describing illegal immigration as an invasion that costs to Libyans. Migrants are often presented as causing wide-ranging problems in Libya related to health, cultural norms, social relations, and the economic situation. They are also portrayed as bringing about a degradation in the security situation. (Hamood, 2006, p. 22) Another method for the Libyan authorities while dealing with migrants was to label them as migrants in transit, in that way justifying their expulsion from the country. There is a blurry frontier between migrants waiting for an opportunity to continue their journey to Europe and those who settle down – even on a temporary basis – in a foreign African town. Furthermore, public authorities encourage such confusion through the media. During police round-us in Tripoli, Benghazi and Sabha, several sub-Saharan workers who had been mechanics, tailors and carpenters for many years were expelled from Libya because they were mistaken for migrants in transit. (Bredeloup & Pliez, 2011, p.6) Furthermore, Libya was also a very restricting country towards international organizations and NGOs intervention. Even though Libyan authorities did not recognize UNHCR, a small office in Tripoli processed refugees’ applications. Judging by the proportion of people who apply for asylum on arrival in Italy having passed through Libya and by the accounts of those refugees and asylum-seekers in Italy, it would indicate that the majority of people do not apply for refugee status while in Libya. Rather, they wait until they reach the EU or elsewhere before doing so, or remain in Libya without recognition of their specific status as refugees as many do not conceive of applying for asylum in Libya as a viable or safe option. (Hamood, 2006, p. 23) 55 Despite UNHCR’s attempts to have access to the refugees that were returned to Libya (from Italy), these were detained and sent to their origin countries (refoulement). The only international aid agreement with Libya resulted in a one-year plan of action (started in 2004) with IOM. It implied four main activities: enhancement of three reception centers including health services; voluntary programs including social and economic reintegration assistance; information campaigns in origin and transit countries with information on risks of irregular migration; initiation of dialogue between selected countries of origin, transit and destination. From all these improvements, one key step was missing: ensuring refugee protection (Hamood, 2006). In conclusion, Libya, at the beginning of the new century, had major political and humanitarian problems to foreigners. Even so, the main reason Libya lost its destination status was due mainly to the decrease of labour offer, thus resulting in Libya being a road to reach Europe. Libyan economy no longer requires such a high supply of predominantly unskilled labour. Information about the decline in the economy coupled with difficult living conditions and a lack of adequate state protection for refugees and migrants has filtered out to those thinking of migrating to or through Libya. Thus, the majority of those interviewed did not present Libya as their target destination but rather felt that they had little choice but to end up there. This was either for lack of another place to go to or since they saw Libya as a temporary stop along their route to the desired destination of Europe. (Hamood, 2006, p. 28) 5.1.2 Refugees and migrants in Libya Despite the difficulties mentioned above, there were numerous migrants and refugees who wanted to work and live in Libya since earlier times. “During the fifties and the sixties, new worker migrants from the most remote regions (…) sought employment in the building industry, and on Libyan and Algerian oil production sites” (Bredeloup & Pliez, 2011, p. 2). 56 According to the official statistics from European Commission of 2005, there were 600.000 legal foreign workers in Libya45 at that time. That is the case of our interviewees, members of the Lampedusa in Hamburg group. All respondents ended up in Europe not by free choice46, their final destination was always Libya. My life in Libya was all very delicious. (Interviewee J., 08-05-14) In Libya I find my life well and forget the problem.” “The Libyan revolution forced in the direction to Europe, which we are not wishing to come. [The interviewee indicated how they were happy in Libya] (Interviewee A., 08-0514) When I came from Mali I looked for a job in Libya. The salary was good and I sent money to my family (…) I was working in a Libyan factory…I have never thought to come to Europe. In Libya I was doing my own life. (Interviewee Mo., 09-05-14) In at least two cases in our interviews47, even the exit from the origin country was forced and Libya appeared as the best solution: “If someone is speaking [human] rights in front of other people, they [the Togo government] can kill you, or rape you. They took people to prison because of that… Even when you are sleeping at home, they come and put [your house] on fire and shoot you (Interviewee M., 07-05-2014). On reaching Libya, the interviewee felt like “heaven”, because he no longer lived on the street and was well paid. I left my country against my choice, because we had an election and our former president died and the government put in power his son. We felt betrayed by our leaders. So we explained our anger and demonstrated and then came hunting (these) people. And if you did not escape they would put in the jail or kill (…) In Libya I find my life well and forget the problem”. (Interviewee A., 08-05-14) 45 Majority of the foreigners came from Egypt (around 323.000). War consequences and Europe trip will be addressed further on the analysis. 47 Not all interviewees wanted to tell us why they left their origin country. 46 57 Since all our interviewees (and most of LiHH members) were from sub-Saharan countries48, arriving in Libya was a complicated trip. The refugees and migrants acknowledged the difficulty of the travel but the options were limited. As seen from our interviews, push-factors from their origin country were mainly based on political persecution, lack of human rights (like interviewee M.) and mostly the absence of employment opportunities. Meanwhile, the pull factors to Libya were mainly the possibility of financial improvement (“When we were there [Libya] we were able to support ourselves, our family”, [interviewee A., 08-05-14]), and the relative ease to access (at the time the majority of our interviewees went to Libya). All these factors influenced refugees and migrants to overcome the dangerous component of the trip. While for some foreigners, like Egyptians, the journey is simpler and straightforward, thousands of sub-Saharan Africans cross the desert “in treacherous conditions, often facing starvation and thirst leading to death” (Hamood, 2006, p. 43). The majority of travelers died in the desert. As our interviewee M. told us, it took him almost two months walking through the Saharan desert to Libya that is more than 5000 km away from Togo, where he came from. Most people that went with him died on the way due to lack of water and food. “Even if your brothers or sisters are dying, you can only leave them and went on the journey by yourself. We all take care of ourselves” (Interviewee M., 07-05-14). One another case was our interviewee R. that was born in Cameroon but ran to Nigeria and from there to Algeria until finally arrived in Libya in a truck with 63 people crossing the desert for 10 days. But the hard journey does not finish there. “Libyan life is getting difficult. Because they arrested us, they picked us up and put in prison. They life in prison is difficult, many people were dying in there”. As mentioned previously, Libyan authorities and Libyan law were obstacles for the foreigners. Our interviewees went to Libya in the beginning of the century (between 2004 and 2008), when the Human rights also became a major issue in the country: “poor human rights protection” for all residing in the country, even Libyans. “These violations, which take place in a context of near 48 Interviewees were from: Ghana, Cameroon, Togo, and Mali. 58 total impunity, include: arbitrary and unlawful detention, incommunicado detention, torture and ill-treatment, unfair trials, and the death penalty” (Hamood, 2006, p. 29). In Hamood´s research, the majority of the sub-Saharan interviewees was detained, deported and suffer torture because of their black skin color. In our interviews, like the already mentioned R. experience, the welcoming in Libya was not the easiest. However, all our interviewees expressed a complex and well-thought opinion about the welcoming by Libyan nationals. Even though interviewees recognized an extreme racist Libyan society, they mainly appreciate the opportunities they were given (as in opposite of their conditions at the present moment). Our interviewees’ general appreciation of Libya must be carefully analyzed. To us, their discourses were mainly influenced by their war experiences and the forced trip to Europe. When they praise Libyan life and conditions they do so by comparing it with the counterpart now in Hamburg (and in Europe in general). Libyans were good people. I have been discriminated for the color of my skin. I have been in prison for three months in Libya. It was very dangerous and there were many Africans in there. (Interviewee Mo., 08-05-14); For most Africans you see in Libya, we are coming there because of Qaddafi authority asked to several African countries, they can come, we were welcome there. You can enter and go. That’s why when the crisis started the people assimilated us as mercenary, but that is not true. Qaddafi opened his country to Africans. That’s why for most of us we don’t need to take a visa49…The racism is in any part of the society and it depends how you are approaching the people. When the black and the white have contact, as soon as the contact come in between they fight because they don’t have same ideology, but in Libya they are very good (…) As soon as you are leaving with them they know you and it is ok. When you start to know each other it is easier and you are welcome (Interviewee A., 08-05-14). 49 However, all foreigners needed documentation to enter Libya, as mentioned before. This interviewee conditions were an exception and for that reason he did not pass by the long and complicated process, since he entered Libya easily with already a contract to work in the Congo embassy as chief security. 59 The main (to some, the only) motive to make these refugees appreciated of Libya was the employment opportunities. Interviewee J., to start with, worked for a German construction company and he had a contract before even leaving Ghana. The company also provided him accommodation. He did not have relationships with Europeans, Americans and even Libyan colleagues but he socialized better with the Libyans, “they are not like Europeans. Libyans are more quite good than Europeans” (…) they (Libyans) would come and ask me if I have a job. They give you food, money, everything. Walk and get you money” (Interviewee J., 08-05-14). Like interviewee J., interviewee A. came to Libya already with a job offer in the embassy. “When we were there we were able to support ourselves, our family. I had to help my family. (…) I worked in Congolese embassy and that’s the opportunity Libya gives to foreigners to have more possibilities to wake. When us sub-Saharans came to Libya, we finally find more easily a way to live a normal live” (Interviewee A., 08-05-14). To our interviewee R., the reality was quite different. He was forced out of his country and from there he passed through different countries. For him, racism is the main problem but the work offer is worth it. Libyans don’t like our color. Nobody gives you money. But some are good and some no good. There are so many jobs. (…) In Libya everything is free. Just pay the house. Rent, light, water is free, gas is free (…) I worked a lot, I worked in a restaurant, painter. Nobody can ask document, you can work free. But the problem is that so many people hate our color. (…) I had some Libyans friends. When I need to go out there were Libyans, they take stones and throw at you.(Interviewee R., 08-05-14). To another interviewee working in Libya was also a way to provide for his family: “I came to help my family (…) I was working in a Libyan factory. There were many Africans from different places, Mali, Ghana. The boss was Libya. (…)The salary was good and I sent money to my family” (interviewee Mo., 0905-14). 60 Lastly, interviewee M. summarizes what all our interviewees (and several members we had contact with in LiHH group) felt while in Libya: “heaven” - he no longer lived on the street and was well paid (Interviewee M., 07-05-14). 5.1.3 Leaving Libya As discussed in this chapter, Libya was mainly a transit country in the turning of the century, however our interviewees did not choose to leave Libya. The war of 2011 changed the phenomenon of exiting Libya in direction to Europe. And before analyzing the conditions of our interviewees’ journey during the war, it is necessary to note that immigration out of Libya was already an occurrence chosen by many. To those who reached Libya in order to achieve “the dream that is Europe”50, the journey was still yet to be completed. The final step is the boat trip to reach Europe: “The European Commission [2005: 48] estimates «approximately 15,000 migrants tried to reach the Italian coast illegally by crossing the Mediterranean Sea»; however, it does not specify the period of time nor how many of these people departed from Libya” (Hamood, 2006, p. 49). In recent years, research has attested to four main sea routes operating across the Mediterranean: from the Maghreb (I.e. Tunisia, Algeria and Morocco) to the southern coast of Spain; from Turkey to Greece or Sicily; from the south-eastern Adriatic coast to Italy; from Egypt and Tunisia to Sicily or mainland Italy, sometimes via Malta. What is new is the addition of Libya to this list as a main Mediterranean sea route to gain access to Italy and thereby to mainland Europe. (Idem, p. 49) Libya, then, came out as a new and relative easy route to reach Europe. However, the journey was a business (for the smugglers who profited from it) with serious difficulties. The three main problems relating to the boat trip are: overcrowding, the poor condition of the boat resulting in technical failures, and the lack of a ‘professional driver’. The boats seem to vary significantly in size and quality. 50 As said by one of the members of the LiHH group, during our participant observation in 8th May of 2014. 61 Small inflatable boats as well as large, old wooden fishing boats of differing sizes are commonly used. Regardless of the type of boat, the prerogative of the smuggler is to squeeze in as many passengers as possible into each boat. The number of passengers per boat, as related in interviews, varies between 20 and 199. (Idem, p. 51) To sum up, the risk and dangers of the travel before the war were beyond imagination, “however, their feelings of despair and frustration in their countries of origin, transit or asylum, are such that they are willing to risk everything for a chance, albeit slim, to reach Europe” (Hamood, 2006, p. 77). Libya represents a viable location for short term residence for some foreigners. For others, the stay is overshadowed by racism, risk of detention and ill-treatment and possible deportation to their country of origin. These experiences push them to continue the journey to a more secure place in Europe. 5.2 The war period After the Libyan war broke out, few Africans were either informed of the situation or offered any humanitarian assistance, as was promised in NATO’s mission for legitimizing its intervention. “Despite the fact that Western and Asian foreigners are being increasingly evacuated from the country, few African embassies have started repatriating their citizens” (Bredeloup & Pliez, 2011, p.14). Our interviews also shed lights on the helpless situation of African migrants who were exposed to war crimes in Libya: The German company I worked for proposed me not to go during the war, saying that ’we will help you and protect you’, but when the war started we did not see anybody. They just left us. The only way [left] to me to escape is coming to Europe. (Interviewee J, 08-05-2014); When the war started everyone was in really hard situation, we Africans, mainly sub-Saharan because Westerns send planes and take their people. [While] those Africans countries don’t have enough possibilities to move their population direct by air to their own countries. We were in trap (Interviewee A, 08-05-2014); 62 When the war started [there was] no place to go, they blocked all the roads. I cannot go back home. Everybody [in the company] left but a [Libyan] soldier helped me to a boat and saved me. (Interviewee R, 07-05-2014) According to western propaganda, the Libyan “civil war” (Forte, 2012) was waged against Qaddafi’s abuse of the civilians. But ironically, from the perspective of migrants, it was Europeans who tramped on their lives during the war while Libyans, or more likely, Qaddafi who took effort to help them out of the life-threatening condition. For me I was a chief security and I had to stand, the staff left and I there. Later the Qaddafi’s regime sent the military to come and assist us, to make the embassy secure. (Interviewee A, 08-05-2014); Talking about the soldiers who took some people and brought them to boats, they did not want you to be affected by the war, they said to leave the place, that’s why I trusted them. They were Libyans. It is Qaddafi doing it.(Interviewee J, 08-05-2014); When the war started, the factory closed and I wanted to go back to Mali but all the frontiers were closed. Soldiers came to my house in Tripoli and brought me in a boat. They were pro-Qaddafi. I have not paid anything. (Interviewee M, 09-05-2014) On the one hand, given little concern of western companies in Libya to their migrant employees’ life or death, most African migrants held suspicious view of NATO’s “benevolent” purpose for “saving lives”, which planted in their head the seeds of hatred even before they came to Europe. On the other hand, however, Europe’s indifference towards African workers in contrast to the emergency aid from pro-Qaddafi forces led Libyans, the rebels in particular, to regard subSaharan Africans as mercenaries, resulting in more jeopardized situation for them: “many Libyan civilians tend to confuse the bulk of immigrants with those militia members, because the Islamic Legions, a motley crew of mercenaries recruited among immigrants, have history of wreaking havoc in Africa…[They] are therefore trapped on Libyan soil” (Bredeloup & Pliez, 2006, p.14). 63 Reasonably, most African migrants in Libya firmly believe that the EU has to be blamed for their losses at war and should thus compensate them with more than just a grant of refugee status. Unfortunately, partly due to silence in media coverage, the opposite mentality is still persistent among European governments and some of its citizens. They tend to perceive refugees as trouble-makers of their own, and are thus reluctant to channel national resources into helping them. Conventional narratives about migration and North Africa…ignore the significance of Libya as a guest-worker country for the region. Such approaches…focus upon illegal migration to Europe, advocate a policy of ‘root causes’ of migration which can be remedied with economic aid. (Edwards, p.311-12) Despite that there was also negative publicity associated with NATO (Campbell, 2012) in the period of Qaddafi’s death, French, British and the US politicians all issued similar statements about the “historic victory” of NATO mission. Anders Fogh Rasmussen, the NATO Secretary General, declared on October 31, 2011 the end of NATO intervention and gloated in his speech, “It’s great to be in free Libya” (Idem, p.321). “In public, the NATO information department claimed that ‘the actions of NATO were in compliance with international law. But in private, the NATO information operations experts wanted Western media to focus on Gaddafi’s crimes.” (Idem, p.320) Mass media fed western audience with this distorted image of democracy and freedom in Libya and thus distracted them away from the truth of insecurity and bloodletting crimes during the “civil war”. As a result, rumor spread over Europe that Libya war was now but an excuse for African immigrants to be smuggled into their countries, leading to a strict border control adopted in the Mediterranean. Worse still, Libyan authorities could not afford adequate protection to the vast majority of refugees and migrants in Libya because lack of distinction between them. “The irregular status of many, both while en route to the European Union (EU) and when based in Libya, leads to a heightened sense of vulnerability” (Hamood, 2006, p.8). 64 At the harbor you can see thousands and thousands of people and if you asked ‘what are you doing here?’ they would say ‘arrested, arrested’. When NATO and allies decided to shoot a lot of missiles, Qaddafi [also] shot his own missiles with people through the Mediterranean because Europe is always scared of immigrants, [and] of refugees. (interviewee A, 08-05-2014) Reports on the hunting of Qaddafi also eclipsed news about rebel attacks on so-called "mercenaries", who were often dark-skinned migrant workers or some hapless southern Libyans. One rebel, Ahmed Bin Sabri showed The Independent's Kim Sengupta the bodies of thirty men, hands tied behind their backs, bound and dumped on the side of the road. "Come and see' he said, These are blacks, Africans, hired by Gaddafi, mercenaries." Racism combined with a visceral hatred for Qaddafi found its outlet on these dark-skinned soldiers and migrant workers. "Any Libyan with a black skin accused of fighting for the old regime may have a poor chance of survival," wrote Patrick Cockburn in late August. (Prashad, 2012, p.227) On February 18, 2011, fifty “African mercenaries” and Libyan conspirators were said to be executed by rebels in Al Bayda (Idem, 2012). “Statistics surrounding deaths of irregular migrants are notoriously difficult to locate”(Hamood, 2006, p.59). According to the Italian Ministry of the Interior, 500 people are thought to die attempting to reach Italy by sea each year (Hamood, 2006). One of our respondents claimed that he was arrested by the militias before he managed to escape, “when the situation (conflicts) increased, even military were not secure, neither me. So I left. It’s not [that] I left with my choice. I was arrested on the streets because the escalation went high” (Interviewee A, 08-05-2014). 5.3 Life in Europe Unfortunately, even for African immigrants who survived the arduous voyage, they have to deal with new frustrations- their nightmare of life struggle in Europe was yet to come. As one of LiHH members put it, “We came here for a better life only to find out we had to wake up from a sweet dream and face with the miserable reality”. In our field trip to Hamburg, we took a visit to “the tent”, in 65 Steindamm 2, a shelter where most African refugees gathere, distribute information and rest, located next to the central train station. The tent is only a few square meters but almost packed with (approximately 15) people during the day. It is open day and night and when we were there it was said to us that more than 50 refugees take turns to sleep there at night, since other shelters were shut down by the German government at the end of April, because the municipality “winter program” (protecting refugees from the harsh winter) was over. Inside the tent, there was water stored in a large plastic container, several packages of plain bread, and electricity provided from 8.a.m. to 8 p.m. by the pharmacy behind. After introducing ourselves to the refugees, we were treated quite friendly and let to sit on their seats even though they themselves could hardly move due to limited space (only four chairs and a trunk case for sitting). Based on our observations, some of the local people are supportive to the LiHH group and recently (May 1st) a group attempted to occupy a dismissed school and to establish permanently a refgee welcome center in St.Pauli district for the new and future refugees to come. We participated at one of the assemblies, but got the impression that they are not well-organized and spend long hours negotiating with the refugees instead of initiating specific actions to improve their general well-being. Gradually, the migrants lost patience with either the support group and local authorities after years of homeless life on streets in Italy and Hamburg. Once again, their resentment grew towards current situations especially when the topic of Libya was brought up. See how we are living in Germany…They are not doing anything (Europe and NATO), they just come and destroy Libya. But they did not think before intervening we need to find some solutions for the people living in Libya. Before to destroy the house you are supposed to know another place to put him, you must find some solutions for you to stay. You are supposed to think about our future before the war to kill Qaddafi, but they don’t think about us. I spent 3 years in Italy and after the program they push everybody out. How can you do it? (Interviewee R, 07-05-2014); They (NATO) are the same people that were pushing the human rights, democracy and then they went there to overthrow a legitimate government. 66 They said they wanted to save civilians, but now the civilians are here in their country and they are not able to take care of them…When we came to Italy we were 60,000 of people (and it) is nothing for Europe, but they are not able to handle us. You see here in Hamburg, we are 300 and Hamburg does not want to care of us. It (the European policy) is really disappointing. (Interviewee A., 08-05-2014) Our interviews confirm the scale of hypocrisy from the Western “humanitarian” mission, considering EU’s ill treatment to African immigrants. There is also evidence from a Western strategic report: The tactical air campaign was initially shaped to protect civilian lives, in accordance with the UN mandate. As such, it was a gradualist and coercive approach, and not one that was designed to remove Qaddafi from power rapidly. However, the latter goal appeared to be the implicit desire of the main countries involved—France, Britain and the United States. (Campbell, 2012, p.212) Compared with other refugees who had only negative experiences before coming to Europe , it is even harder and more painful for those migrant workers who used to earn their living in Libya to integrate into a hardly African-friendly society. In spite of some local support, the homeless life in Europe constantly reminds them of their “good old days” and in a way prevented them from moving forward. The respondent J told us that “Libyans are not like Europeans. Libyans are quite (better) than Europeans. Sure 100%.” (Interviewee J., 08-052014). Paradoxically, the groups that deserve most attention and assistance in assimilation turn out to be the most neglected ones in the migration flow, solely because their country of origins are not categorized as war-place emergency. In fact, they were cornerstones in shaping Libya as a “semi-peripheral” country. Migrants’ dependence on Libya’s booming economy on the one hand tied the sub-Saharan African countries (peripheral countries), to the North African ones and thus on the other hand exempted them from direct manipulation of the west, accompanied by less insurgence against the core nations as a result. Moreover, as a geographically attractive host country (bridging Europe and Africa), Libya leveraged its oil interests with migration policy bound to European 67 border control. Nevertheless, respondent A told us that they were the first group to be kicked out by Italy: I did not receive any of the 500 Euros offered by the Italian government to others who left the country later. They (the government) bought us ticket and asked us ‘where do you want to go’. [We said]’Ok, now we stick together and go to Hamburg’. They gave us 100 Euros for the travelling. Can you imagine? I used that money for getting passport and changing from Munich to Hamburg. On the 15th November 2013, the program [in Italy] closed and we cannot go back to Italy because they have the same problems (unemployment and crisis). They kicked us out. We are left behind by the European policies. They (the German government) asked us to go back but if we go back to Italy, where should we stay? That is the problem and this is why we move to Hamburg. Some of the people understand, come close to us and give us a shelter. But the government denied us and said it was Italy’s problem but it was not true. (Interviewee A, 08-05-2014) Although NATO had overthrown an authoritarian Libyan government, it failed to replace the chaos with either economical or geographical security because the war cut off the close ties between sub-Saharan African and North African countries abruptly. Like most authoritarian populists, Qaddafi won great popularity among migrant workers for his idea of wealth redistribution, but he was never keen on the transfer of authority and decision-making to localities who might then harness their newly provided wealth for the betterment of their towns and villages (Prashad, 2012). “Instead, Qaddafi turned over the fruits of social wealth to the people at the same time as his regime centralized the mechanism for the redistribution of those fruits” (Idem, p.108). Fragile as they were, Libya’s economic structure and social welfare system depended heavily on the Qaddafi regime, which, when it collapsed, incurred a chain of reactions in the whole African world. Qaddafi helped so many countries in Africa, many Africans. Many Africans travelled to Libya, but when you reached Libya you are free, nobody can ask you permission to work. He has done a lot of things. When Qaddafi was alive many people go to Libya. I cannot say Qaddafi is good or bad. He is not a 68 bad person. Even in Libya, you cannot see people living outside. Everybody gets his own place to rest, everybody lives well in Libya. (Interviewee R, 0705-2014); Libya comes from almost 10 years of sanctions. When the sanctions were released Qaddafi tried to build pan-africanism but Westerners think that the position Qaddafi takes was really strong and that tomorrow they would not have any benefits and decide directly. That’s why already they tried to make propaganda to weaken Qaddafi, that he was a criminal, terrorist. I am not Qaddafi’s loyal, but I defend the actions he did for us. We are the reality. (Interviewee A, 08-05-2014) Now that Libya is no longer an attractive destination for sub-Saharan immigrants, they invariably turn to Europe for help and thus “emergency” arose. Moreover, “Libyan winter”(Prashad, 2012) caused a pan-African winter in terms of economy since the war crippled several ongoing profitable projects, for example, the LAP (Libyan African Investment Portfolio) established in 2007. LAP announced the launch of a satellite which would have covered the entire continent. In this way the communication through the Internet and voice as well as educational services would have been provided with relatively low cost. Having its own satellite, Africa did not need any more to pay 500 million dollar for using Western one. But when the UN authorized intervention in Libya it imposed an asset freeze on both the LIA and the LAP, and without any explanation continued to freeze well past six months after NATO’s bombing campaign ceased. (Forte, 2012, chapter 3) In times of deteriorating economies, the wishful thinking of better lives in Europe generated huge migration flows through Libya among sub-Saharan Africans.“Since internal migration possibilities (in Africa) diminished with worsening economies, and South labor migration options were reduced…, ‘migration for survival’ has emerged as a composite type” (Edwards, 2006, p.315) after Libya was forced to end its role as a semi-peripheral country. Most African countries fell back to its mire of corruption, thus widening the gap between the rich and poor. According to one of our respondents, before the 69 outbreak of the war, he managed to send remittances back to Mali, supporting his family with schooling and medical care. But when NATO started to intervene, “soldiers attacked our house and stole our money”(Interviewee Mo., 09-05-2014).“The impact of migrant remittances for sub-Sahara is now such that … ‘all local development is based on emigration’ ” (Edwards, 2006, p.315). In that sense, now that Libya ceases to support the sub-Saharan development after the war, family concerns of African workers also affect their decisions to migrate further to Europe. 5.4 Semi-peripheral Libya Getting to know the number of migrant workers in Libya, the conditions and experiences that some of these workers had in their time in Libya (through the interviews) came to illustrate the theoretical assumptions of this report. In a previous theoretical chapter, Libya was defined as a semi-peripheral country in Wallerstein´s world-system theory. The semi-periphery status was described as both exploited and exploiter country that has as main interest to maintain a balance between the core countries and peripheral countries (Wallerstein, 1974). Libya was once a peripheral country, dependent on the resources and labour force from other powerful countries. However, its geographical characteristics, oil and other natural resources, made North Africa more interesting and useful for core countries (mostly to Europe and U.S.) interests. “(…) there is not a serious problem of brain-drain for any North African country; unfortunately, the same cannot be said for much of the rest of Africa” (Edwards, 2004, p. 316). While most Maghreb countries remained peripheral countries, Libya started to gain to some extent autonomy after the discovery of oil fields. According to the theory, Qaddafi was even trying to ascend Libya to a core country (independent Pan-African, nationalization of Libyan oil, etc.). The growth of Libya was undeniable. Libya´s improvement was strictly influenced by its migration flows and vice-versa. In a first moment, Libya became more resourceful and in a need for force labour, moment in which innumerous migrant workers, especially from sub-Saharan countries, chose 70 Libya as the destination country. When the work force became obsolete, Libya started marking some rules and impediments, slowing the migration down, or turning these working migrants in transitory migrants. In a sense, Libya showed to oscillate between open-door policy and expulsion periods according to the international economic situation and the relations with neighboring countries (Bredeloup & Pliez, 2011). On the other hand, Libya was still dependent on U.S. and Europe´s interests. Most of our interviewees worked for core countries’ companies (like so many more from the LiHH did). The influence of these core countries on Libya was already visible and they just turned clearer with the outbreak of the war. But still, under Qaddafi´s power, Libya was still a powerful migrant-creator country that had a strong influence over several sub-Saharan countries. Libya being defined as a transit country can be relative compared with how Libya is a semi-periphery. Libya became mainly a transit country due to its good conditions, ease to enter and even the possibility of short-term stay to transform in a longer stay since there was work opportunities. But it was the geographical characteristic that made migrants and refugees aim to go to Libya in order to achieve the real destination, the “dream” that is Europe. In a sense, the way Libya is perceived in the matter of migration is similar to the role Libya has in the world-system. Libya was not the destination that migrants searched for, because that corresponds to the core countries (where the assumption is that innumerous work and educational opportunities exist, where everyone relies on security and human rights to protect them, and where the general quality of life is superior). At the same time, Libya was not either the country from where people tried to escape, that corresponds to the peripheral countries (where the life conditions are unbearable and have a high number of immigrants). Therefore, Libya was a transit country. Even though this is a very abstract and relative comparison, this exemplifies how Libya has always been a mediator, an intermediate between two opposite yet complementary sides/realities. This mediator characteristic can also be seen in the political history of Libya - Qaddafi´s plans that were sometimes oriented to a nationalized and independent Libya, and other times oriented to follow the west 71 demands and interests. These Interests culminated in a war that would come to transform Libya´s semi-peripheral status. Since the end of the Libyan war in October 2011, Libya has been struggling to maintain peace within its borders. Militias that have fought Qaddafi’s forces do not recognize the central government and still control some regions. The oil companies that once were operating in the country now are seeing their possessions occupied by those militias and the production strives to come back to the pre-war level. Moreover, many migrants who were employed in foreign and local companies and participated in the economic growth, left the territory. The current situation jeopardizes the semi-peripheral status of Libya, since its resetting depends heavily on the West’s programs described above. 72 6. Conclusion While most existing literatures investigate the influence of migration flow on its receiving countries and recognize the issue as an “emergency”, especially in Europe, our project takes an alternative route: it attempts to examine the political and economic dynamics of departure country-Libya in our case-that shaped such migration decisions in a global context. Although Libya is considered by many scholars a transit country51, for the majority of our interviewees in Hamburg, it used to be their final destinations, where they enjoyed a great improvement in financial situation and life quality, provided by decent jobs. Most of their jobs involve construction and oil oriented work that is not only critical to Libyan economy but also cater to Western interests. The refugees and migrants acknowledged the hardship of the emigrating travel but when most our interviewees left their countries, it was relatively easy for them to enter Libya, because not until the turning of the century did Libya tighten its border control with sub-Saharan Africa. As a semiperipheral country at the time, Libya attracted countless sub-Saharan Africans with its diplomatic hospitality towards migrant workers. In spite of the occasional exposure to racism, most of them prioritize their concerns for work offer over discrimination. Nevertheless, the “civil” war in Libya destroyed their previous life “in heaven” and forced them to flee the country at all possibilities. Meanwhile, they were left behind by the foreign employers when the war broke out, hunted and abused by the rebels who mistook them for “mercenaries”. According to them, however, they managed to escape mainly with the support of pro-Qaddafi allies. As a result, their narratives on the war were largely based on personal experiences, implying the hypocrisy of NATO intervention in the name of human rights. Unfortunately, after arriving in Europe from Libya, those immigrants remained homeless and unemployed for years and the local governments denied their basic rights for survival. There are almost 300 members of LiHH and based on our observation, most of them have to sleep together at a quirky little tent that can hardly accommodate 6 people in ordinary times. Worse still, to 51 Boubakri, 2004; Hamood, 2006; Bredeloup & Pliez, 2011, Haas, 2008 73 appease some local complaints, Hamburg authorities attempt to shut down even B5, the only relatively spacious shelter for refugees to stay overnight. Resentment towards NATO or more generally, Europe as a whole thus grew among migrant workers due to Europeans’ hostile “welcome” and its sharp contrast to previous living condition in Libya. Once again, their perception of the war was reconfirmed by how they were treated as refugees in Europe. Finally, beyond the country level, the European Union also played an essential role in patrolling its borders, and in the aftermath of the Libyan war, participated actively in the control of Libyan coastline, via launching a series of programs such as FRONTEX and EURODAC. As the power relations and economic interests develop over time between Libya and the west, migration flow in Libya evolves accordingly, once under control but exploded into chaos later and resulting in emergency at present. Much has been debated on the current situation of refugees and immigrants but the mechanism behind their life struggle was kept in shadow. Concluding, our research aimed not only at providing a description of the recent and current events before and after the Libyan war and its refugees, but it is meant to bring more reflections about the role and the responsibilities of the international community, especially composed by U.S. and Europe, into recent wars, among which Libya is only the last one. Draconian immigration legislations are the tip of the iceberg, because underneath it, an extensive amount of economic and political interests are at play, which provide justifications and, at the very end, create even more complications (see the current situation of Libya and its government). The refugees of Lampedusa in Hamburg and their struggle to survive within Fortress Europe are an example of this intersection of powers. 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