Introduction

On 30 April 2025, the Special Rapporteur on trafficking in persons, especially women and children, the Working Group on Arbitrary Detention, and the Special Rapporteur on the human rights of migrants issued a joint communication to the Government of Italy regarding concerns over serious human rights violations associated with the implementation of Voluntary Humanitarian Return (VHR) programs in Libya. These programs are operated under the framework of the Multi-Sectoral Support for Vulnerable Migrants in Libya Project, implemented by the International Organisation for Migration (IOM) and financially supported by Italy.

Background

Since 2017, the Government of Italy has allocated more than €56.5 million in funding for migration-related interventions in Libya through the Fund for extraordinary interventions to boost dialogue and cooperation with African countries and other countries of priority importance for migratory movement (the “Migration Fund”). On 13 June 2024, a new agreement was signed between Italy’s Directorate General for Italian Citizens Abroad and Migration Policies and IOM to support the Multi-Sectoral Support Project, with an implementation period from 1 July 2024 to 30 June 2026.

Under this arrangement, €7 million was allocated, of which €2.48 million was dedicated to VHR and reintegration activities. Approximately €1 million was specifically allocated to support the return of 820 migrants, refugees, and asylum seekers stranded or detained in Libya. 

Concerns raised

The UN experts expressed concerns over the voluntariness and lawfulness of the returns conducted under the VHR framework, particularly for vulnerable individuals, including women, children, victims of trafficking, and persons with medical needs. Reports indicate that a significant portion of individuals repatriated through VHR were held in Libyan detention centres, with 76.5% of beneficiaries reportedly detained prior to repatriation. The experts noted that the project documentation itself acknowledges that 43% of 2023 beneficiaries were identified in detention and 7% were trafficking victims.

The communication raises issues surrounding the lack of due process, absence of informed consent, and potential exposure to non-refoulement violations, collective expulsions, and re-trafficking. There is also concern that returns may be accepted under coercive conditions, given the lack of alternatives to indefinite detention in unsafe environments. 

The criminalisation of irregular migration in Libyan law is also noted, which permits detention without legal recourse, increasing the risk of exposure to inhuman and degrading treatment. In such conditions, VHR may function less as a voluntary solution and more as a last resort for detained migrants.

Reintegration Support and Limitations 

The project’s reintegration component was assessed as limited in scope and insufficiently adapted to individual contexts. Reintegration outcomes are measured primarily by the number of returnees receiving support and by the percentage of beneficiaries employed or in training within six months. These indicators assume the availability of opportunities in countries of origin, without addressing structural barriers such as discrimination, inadequate public services, or social instability.

While individual reintegration plans are to be developed and uploaded into IOM’s case management system, the communication notes a lack of preventive mechanisms, durable solutions, and transparent oversight. Migrants returning under such programs may face economic precarity, re-victimisation, or be compelled to undertake riskier migration routes.

Externalisation and Migration Management

The communication highlights the externalisation of migration controls as a point of concern. Technical and operational support is being provided to Libyan authorities, including the Coast Guard, Border Guard, and Department of Combating Illegal Migration, for specialised Search and Rescue (SAR) operations and infrastructure at border points. While these measures may improve operational capacity, the communication warns that such support may also lead to increased interceptions and unlawful returns to Libya, a country not considered a safe port under international standards.

The experts caution that such arrangements could amount to the outsourcing of migration responsibilities and risk breaching international obligations, particularly when protection assessments are not conducted or safeguards are lacking. 

Data Collection and Privacy

Concerns were also raised about the collection, analysis, and sharing of personal data of migrants under Output 4.1 of the project, which involves the use of IOM’s Displacement Tracking Matrix. The lack of anonymisation or clear protection measures was flagged as potentially exposing migrants to discrimination, targeting, or exploitation.

Additionally, the use of data to assess migration trends and publish profiles may reinforce stigmatisation and influence restrictive migration policies. Without informed consent or ethical data governance, such practices may compromise migrants’ rights.

Legal and Judicial Developments

In November 2024, a joint appeal was filed by seven Italian human rights associations and NGOs (including ActionAid, ASGI, Differenza Donna) before the Administrative Court (TAR Lazio) seeking to annul part of the funding (specifically €970,000) allocated to the VHR component and reallocate it to humanitarian measures. Italy’s Court of Cassation, in a February 2024 ruling, declared that transferring migrants to Libya was unlawful, given that Libya does not qualify as a safe harbour.  The Supreme Court (judgment no. 4557/2024) ruled that enabling the interception and return of migrants by Libyan authorities may constitute a criminal offence of abandonment in a state of danger and violate the European Convention on Human Rights, particularly the prohibition of collective expulsion.

Requests to the government of Italy

The communication includes formal requests to the Government of Italy to:

1. Provide information on the allegations described.
2. Clarify the administration and oversight of funds provided to Libyan authorities and related safeguards.
3. Explain measures taken to ensure compliance with international human rights and refugee law in return and reintegration processes. 
4. Share any strategic evaluations of the human rights impacts of migration management programmes carried out in partnership with IOM and Libyan authorities. 

A reply from the Government of Italy was received on 21 July 2025 and is currently being processed. Once finalised, the response will also be made public in accordance with applicable protocols.