On the Escalating Campaign Against Migrants, Refugees, and UNHCR in Libya

Ref: PRS 2026/06/1038

June 4, 2026

Human Rights Solidarity (LHRS) is following with deep concern the escalating campaign over recent weeks targeting migrants, refugees, and the Office of the United Nations High Commissioner for Refugees (UNHCR) in Libya. This campaign has reached the point of public calls to expel UNHCR from the country, questioning the legality of its presence, and accusing it of working to “settle” refugees in Libya in a manner that allegedly infringes upon national sovereignty.

This campaign, amplified through social media platforms and certain media outlets, has been accompanied by calls to gather outside UNHCR’s office in Tripoli, and by inflammatory rhetoric that threatens civil peace and exposes vulnerable groups, including women and children, to the risk of violence and abuse, as witnessed in several cities over the past month.

1. On the Claim that UNHCR Has No Legal Basis to Operate in Libya

International legal instruments, the Libyan constitutional framework, and rulings of the Libyan Supreme Court all affirm that UNHCR’s presence in Libya rests on solid legal foundations, including:

• UN General Assembly Resolution 428 (V) of 1950, which established UNHCR and to which Libya became bound upon its accession to the UN Charter without reservation.
• Libya’s accession to the 1969 OAU Refugee Convention, which obliges States Parties to cooperate with UNHCR.
• The 1946 and 1947 Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies, which grant UN agencies independent legal personality and the right to communicate and contract.
• The Libyan constitutional framework, which affirms the binding nature of international treaties and the obligation of the State to uphold human rights commitments.
• Supreme Court jurisprudence affirming the supremacy of ratified international treaties over domestic legislation.

Accordingly, the claim that UNHCR’s presence in Libya is “illegal” or “without mandate” is legally and diplomatically unfounded and contradicts Libya’s international obligations.

2. On the Claim that UNHCR’s Work Infringes Upon Libyan Sovereignty

The belief that UNHCR’s presence infringes upon Libyan sovereignty stems largely from the failure of successive Libyan governments, since UNHCR began operating in Libya in 1991, to negotiate and sign a clear Memorandum of Understanding (MoU) regulating the relationship. This institutional vacuum has allowed misconceptions to grow and has fueled claims that UNHCR operates without oversight.

An example of this longstanding gap is the statement delivered in 2000 by Libya’s Ambassador to the United Nations in Geneva, affirming that Libya was at that time “studying a Memorandum of Understanding with UNHCR.” More than two decades later, no such MoU has been concluded.

A Memorandum of Understanding with UNHCR does not diminish sovereignty; it is a sovereign instrument that grants the Libyan State full control over UNHCR’s work inside Libya.

Such an MoU would:

• Clearly define the scope of UNHCR’s activities,
• Establish a unified governmental channel for communication,
• Prevent institutional overlap and confusion,
• Ensure full respect for Libyan sovereignty, and
• Grant the State authority to regulate registration, protection, and evacuation procedures.

In reality, it is the absence of an MoU that creates ambiguity and leaves the relationship without a clear legal and administrative framework.

3. Risks Posed by the Ongoing Campaign Against UNHCR

The continuation of incitement against UNHCR and refugees exposes Libya to serious political, diplomatic, and economic risks. It weakens the State’s ability to manage migration and asylum, deprives Libya of essential international support, strengthens human trafficking networks, threatens civil peace, and places Libya in direct conflict with its international obligations—especially with the imminent entry into force of the “New European Pact on Migration and Asylum” in the coming months.

4. Recommendations of Human Rights Solidarity
5. Issuing an official government statement

LHRS urges the Government of National Unity to issue a clear public statement rejecting hate speech and incitement against refugees and migrants, reaffirming Libya’s international human rights obligations, and clarifying that UNHCR operates within a recognized international legal framework that the State seeks to regulate, not obstruct.

2. Inviting UNHCR to an urgent meeting

LHRS recommends that the government promptly invite UNHCR to a formal and urgent meeting to present the State’s concerns and observations regarding UNHCR’s performance, and to discuss ways to improve coordination and operational mechanisms in a manner that enhances transparency and ensures respect for Libyan sovereignty without undermining humanitarian protection duties.

3. Initiating formal negotiations to conclude a Memorandum of Understanding

LHRS stresses that launching serious negotiations to conclude an MoU with UNHCR is a necessary sovereign and regulatory step. It would allow the Libyan State to define UNHCR’s scope of work and communication channels, safeguard Libya’s interests, and provide a legal framework that protects refugees and asylum-seekers from violations and disorder.

4. Protecting UNHCR’s office and staff

LHRS calls on the government to take all necessary measures to ensure the safety of UNHCR’s office and its national and international staff, and to prevent any threats or attacks against them. Protecting UN missions is a core obligation of host States, and any attack would expose Libya to international accountability and harm its reputation.

5. Preventing inciteful gatherings that may lead to violence

LHRS recommends instructing security agencies to prevent gatherings or calls that carry an inciteful or discriminatory tone, particularly those that may escalate into violence against refugees, migrants, or UNHCR staff. The management of migration must be carried out through State institutions, not through street mobilization or populist rhetoric.

Conclusion

Libya, with its humanitarian legacy and regional role, is fully capable of managing migration and asylum in a manner that preserves its sovereignty, aligns with its international obligations, and protects vulnerable refugees and migrants who have found in Libya a temporary refuge or a point of transit. Taking responsible and measured steps, beginning with calming public discourse, strengthening coordination with UNHCR, and concluding a Memorandum of Understanding to regulate the relationship, will enhance Libya’s international standing, safeguard its internal stability, and ensure that this sensitive file is handled away from incitement and disorder, in a manner consistent with Libyan values and the higher interests of the State.

Beyond the legal and humanitarian obligations, LHRS emphasizes that protecting the vulnerable and assisting those in transit is also a deeply rooted moral and religious duty in Islam, the faith embraced by the overwhelming majority of Libyans. The Qur’an repeatedly commands kindness toward the wayfarer (ibn al‑Sabeel), and Islamic tradition upholds the principle of al‑jiwār, offering safety and protection to those seeking refuge. The early Muslims fled persecution in Mecca and found sanctuary under the just rule of the Negus in Abyssinia, and the Prophet Muhammad (peace be upon him) and his companions were welcomed as migrants in Medina. These foundational moments reflect values of compassion, justice, and solidarity that stand in stark contrast to the rhetoric of hostility and exclusion. LHRS regrets that some religious institutions in Libya have aligned themselves with the current campaign against refugees and UNHCR, a stance that does not reflect the spirit or ethical teachings of Islam.

Human Rights Solidarity Organization

Tripoli, Libya
June 4, 2026