By Philippe Ryfman
Translation: Davina Durgana
Passage au crible n°43
Since mid-February 2011, the confrontations between insurgents and the loyal forces of Colonel Gaddafi have provoked a humanitarian crisis. Nearly 750,000 people (Libyans and Foreigners) have left the country since the end of the month of May. First mobilized by the massive exodus of foreign workers, humanitarian organizations have extended their activities towards the injured and towards the assistance of the civil population in combat zones and have taken charge of refugees.
> Historical background
> Theoretical framework
> Analysis
> References
Humanitarian action is particularly visible in the public space through the prism of natural catastrophes, such as in Haiti in 2010 for example. However, recall that in the first place, the violence of the wars to which it remains indissolubly tied since its origin, in the XIXth century. In a conflict context, this is articulated around three areas: 1) Medical needs of civilian and military victims, 2) Essential services (food, water, sanitary), 3) population displacement. The principle humanitarian preoccupations (autonomy of aid agencies, access, logistic difficulties, insecurity, logic of instrumentalization, humanitarian law) remain recurring, but progressive.
1. During an armed conflict, the humanitarian role of non-governmental agencies and specialized United Nations forces has been proven essential. They must respect five basic principles – humanity, impartiality and non-discrimination, neutrality, independence and responsibility – as distinguished from politics. Then, operators must not have a monopoly with respect to other actors – notably State actors – who pursue overtly political objectives.
2. The situation in Libya reflects in international public law a non-international armed conflict with civilian populations as the principal victims. Additionally, on the humanitarian field, the distinction between civilians and combatants reveal a normative imperative. Finally, Resolution 1973 of February 26th, 2011 of the Security Council serves as the foundation of a military campaign – under the leadership of NATO – driven since March 19th, 2011, constituting the first concrete application of a new concept of International Humanitarian Law, as that of R2P (the Responsibility to Protect).
Since the end of the month of March, the number of Libyans leaving the country has remained weak. The economy of oil rents function in Libya and rests on the number of foreign workers engendered by unsolicited humanitarian consequences. The flow of Egyptians, Chinese and Filipinos has been rapidly reabsorbed thanks to the intervention of their governments, of European countries and the IOM (International Organization of Migrations). In return, the departure of many Sub-Saharan nationals or natives of the Horn of Africa has remained precarious. Some have been able to regain their country, but many have not been able to or do not desire to. The EU (European Union), who dreads a migratory influx, is enforcing the prevention of all entry into the Schengen space, especially by sea. This humanitarian situation seems new, as well as the magnitude of the population flows due to the absence of all protective statutes. Around 55,000 Libyans are refugees in Tunisia, while 15,000 have succeeded in winning Italy.
Nevertheless, the two camps opened by the United Nations High Commissioner of Refugees at Dehiba and Ramada thus have been put in place by Qatar in Tataouine which are practically empty and which cannot shelter but hundreds of people. All of the other refugees are sheltered by their parents, individuals, or by local charitable associations. Often stripped and victims of violence on the road of exile, many – estimated at more than a thousand – are also dead in traversing towards Italy on small rafts of fortune. Thousands of Eritreans, Somalians and Sudanese continue to crowd into Tunisia in the camps of Chouch and of Ras Jdir, while on the Egyptian coast, at Saloum, they have sheltered cottages of fortune, authorities are resolutely opposed to the installation of camps. For now, ACF, Solidarity, CARE, the Red Cross and the Red-Crescent have provided sanitation needs, water and food. Considered as migrants and not as refugees – which explains further why the IOM is present on the sides of the UNHCR – their departure continues to be uncertain. While IOM has repatriated to Egypt 35,000 people in three months, but thousands are still blocked. At the same time, Somalians, Eritreans, and Darfouris have demanded to be recognized as refugees. Nevertheless, only Australia, the United States and Sweden have accepted for now to study reinstallation dossiers.
On the interior, the humanitarian situation seems very contrasted. Thus, in the Western part placed under the control of the NTC (National Transition Council), the needs today are limited and are almost covered by local aid and by international aid. As for the front line around towns of Brega and Ajdabya, specialized agencies in war surgery and the needs of the wounded (Medical NGOs and ICRC) have achieved punctual interventions. Note on this regard that the sanitary system put in place by the regime – overall of good quality – has not collapsed and continues to function. In return, humanitarians are busy by the departure of civilians living in the rebel villages besieged by government troops and blindly bombed, particularly Misrata and Zinten. The use of heavy artillery and of Grad missiles has been revealed to be deadly and destructive. Misrata, between mid-March and the beginning of May, has consequently become known as an urgent humanitarian situation; the health structures have been overwhelmed by the influx of wounded, combatants and overall civilians. Access to food, drinkable water and medications has been limited and directly dependent on supplying by sea. Thousands of foreigners have run for flimsy cover while ICRC and MSF have assured the essentials of the humanitarian response. The conditions are now improved, the rebel forces have succeeded in loosening the stranglehold of government troops. However they continue to bombard many quarters. In the mountainous zone, people of the Berber tribes, situated in the South-West of Tripoli and towards the Tunisian border, humanitarian agencies have virtually no access. The needs in terms of aid are probably considerably, even as all evaluation remains currently impossible.
It is important to emphasize the absence of the distinction between combatants and civilians, asserted by the regime, constituting a violation characterized by IHL (International Humanitarian Law). To this end, it must provoke the engagement of prosecution before the ICC (International Criminal Court).
Barnett Michael, Weiss Thomas. (Eds.), Humanitarianism in Question: Politics, Power, Ethics, New-York, Cornell University Press, 2008.
Holzgrefe J.-L., Keohane Robert O., Humanitarian Intervention, Ethical, Legal and political dilemmas, Cambridge, CUP, 2003.
Ryfman Philippe, Une histoire de l’humanitaire, Paris, La Découverte, Collection Repères, 2008.
Société Française de Droit International, La Responsabilité de protéger, Paris, Pedone, 2008.
