Afriqiyah hijack sheds light on persecuted Gaddafi supporters in Libya

The United Nations has identified supporters of the former Gaddafi regime amongst the vulnerable groups most in need of international protection. 

Two Libyan men were arraigned in a Maltese court on charges relating to the hijacking of a domestic Libyan flight and having it diverted to the Mediterranean island. Defendants Moussa Shah and Ahmed Ali each entered pleas of innocent and wore bulletproof vests in their court appearance. They face a possible sentence of life in prison.

The hours-long hijacking standoff on Friday at Valletta airport ended peacefully after negotiations.

Afriqiyah Airways said the hijackers - who said they were supporters of Muammar Gaddafi - wanted to go to Rome but ended up in Malta due to fuel limitations.

In an October 2015 report, the UN’s refugee agency (UNHCR) urged all countries to allow all Libyan nationals and residents fleeing the North African country access to their territories, and to reconsider the claims of failed asylum seekers who re-apply for protection. Countries are advised to give particular attention to, among others, pro-Gaddafi regime supporters, activists, journalists, members of the judiciary and law enforcement officers, LGBT people and ethnic and religious minorities.

“People with these and other profiles may be in need of international protection in accordance with the 1951 [Refugee] Convention, for reasons of real or imputed political opinion, or for reasons related to other 1951 Convention grounds,” the UNHCR report states. “Claims need to be considered on an individual basis, carefully taking into account the particular circumstances of each case.”

The UNHCR advises states to exclude from international protection people who are individually responsible for crimes, and to separate the civilian Libyan refugee population from the militias seeking asylum.

It encourages countries to suspend forced deportations of Libyans, including those who have had their asylum claims rejected, until the security and human rights situation has improved considerably. 

“Given the volatility of the situation, the fragmentation of control and the plethora of armed groups, UNHCR considers that, in the current circumstances, the relevance and reasonableness criteria for an internal flight or relocation alternative are unlikely to be met. “Suspension of forcible returns of nationals to Libya serves as a minimum standard and should not replace international protection for people found to meet the criteria for refugee status under the 1951 Convention and the 1969 [Organisation of African Unity] Convention.”