Lastly, smuggling and trafficking are central concerns of migration in Libya. While under the UNTOC protocols these are very distinct (i.e. the intent of the perpetrator and the migrant’s consent), in Libya their line has been increasingly blurred, as smuggling can be choreographed as a first phase towards eventual exploitation and trafficking. Under Gaddaffi, as part of a social contract, smuggling networks were overlooked in exchange of political loyalty and revenue share. Since 2014 these practices gained in importance as the internal environment allows for more overt smuggling and as militias battle over power and territorial control, and hence need financial resources. In the communities living near the Mediterranean and the southern border of Libya, smuggling has become the most, if not the sole profitable business. Smuggling of human beings, in fact, is an important source of revenue towards the illicit economy as, with the help of middlemen, smugglers ask migrants to pay for their travels, for additional fees through forced labour and some are kidnapped and left in detention centres with ransoms being the only way out. Migrants are also often used to trade goods. When it comes to trafficking, migrants caught by the Libyan coast guard are frequently put in jail and sold into slavery, sexually exploited or tortured for money.

The EU and its member states have various policies and mechanisms put in place to manage migration in Libya. These include the Memorandum of Understanding on Migration between Italy and Libya. It was first signed on February 2nd 2017 and was renewed and extended for three years with no amendments in February 2020. The Malta declaration came the day after and endorses the same terms. The memorandum stipulates Italy’s material and technical support to the Libyan Coast Guard under the UN-recognised Government of National Accord (GNA). Italy supports training, and equipment of Libyan authorities, enhancing their abilities to intercept migrants at sea and return them to detention centres in Libya. As previously highlighted, in detention centres migrants face abuse and unlawful detention. Since the start of the memorandum 40 000 people have been reportedly intercepted at sea returned to Libya and subject to suffering, 3 000 are said to be in official detention centres where humanitarian organisations have little access. The GNA is also said to have paid militias involved in trafficking to join operations and stop Mediterranean crossings, resulting in a further unstable situation in the country. Given that the EU and the international community are well aware of the abhorrent human rights violations perpetrated on the intercepted migrants it is unjustifiable to maintain such deal. Yet for the deal to be voided, more cooperation to find better ways to protect migrants’ rights is required.
Another measure in place until recently was operation Sophia, formally known as EUNAVFOR MED, and implemented in 2015. The operation’s mission was to “identify, capture and dispose of vessels […] used by migrant smugglers and traffickers, in order […] to disrupt human smuggling and trafficking networks and prevent further loss at sea.” The mandate was extended in 2017 to include training of the Libyan coast guard and enforcement of the UN arms embargo. In February 2020, the EU decided to put an end to operation Sophia, as member states believed