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In Fezzan, stateless minorities continue to demonstrate for their right to vote

Although they consider themselves citizens, hundreds of thousands of Libya’s non-Arab minorities are not officially recognized as Libyans. Most of them are first-, second-, or third-generation migrants who have lived in Libya for over 50 years. They exist with temporary records while their applications for citizenship remain pending. Despite being registered with the Civil Registry Authority, their undocumented status denies them any civil rights, limiting their access to public services, political participation, employment, and even marriage.

Moreover, during the regime of former president Muammar Gaddafi, the social exclusion of non-Arab minorities in southern Libya worsened due to a focus on Arab identity and policies of “Arabization.” This further exacerbated citizenship challenges for various non-Arab minority groups in the country.

Their concerns intensified during the drafting of the constitution as Libyan citizens became more aware of upcoming parliamentary and presidential elections. They feared being ignored if not given the opportunity to register in the electoral system.

Libya’s presidential and parliamentary elections remain a distant dream, especially after the failure to hold them in December 2021. While the international community sees these elections as a pillar of national unity, such unity cannot be achieved through elections alone. Despite the inclusion of minorities like the Tuareg and Tebu in Libyan society, they have only been granted temporary records and administrative numbers, excluding them from political participation. They have not been allowed to register in the upcoming electoral system. As a result of deliberate marginalization by government authorities, their hopes of voting in the next elections remain unattainable.

With temporary records, the Tuareg and Tebu cannot prove their Libyan identity or exercise full citizenship rights. This issue became even more complex after the issuance of Law No. 8 in 2014, which introduced a national identification number system, depriving stateless people of all civil and political rights in the country. Consequently, addressing their status and resolving their issues became increasingly difficult. In 2015, Resolution 102 allowed them to obtain administrative numbers, but these did not grant any civil rights, further adding to their daily struggles.

As a result, they could not obtain a family book or a national ID number after 2011, forcing them to live under temporary registration. This has led to greater marginalization in political and developmental fields, making them more vulnerable to deprivation of essentials and basic services like education, healthcare, employment, and even marriage—all of which depend on the national ID system that is inaccessible to those without it.

The issue of registering the Tuareg and Tebu for Libya’s upcoming elections remains unclear. Although Clause 2.8 of the Geneva Roadmap states the need to “address the issue of administrative numbers in accordance with Libyan legislation and international agreements and treaties ratified by the state” to ensure their participation in the electoral system, individuals with temporary records and administrative numbers are already registered as citizens, not as foreigners, with the Civil Registry Authority. However, they are still denied participation in electoral processes or any other form of political engagement.

According to statistics from the Libyan Institute for Investigative Journalism, more than 14,000 families today lack the right to education, access to free healthcare, or participation in political processes due to their temporary records.

For Libyans with temporary records and administrative numbers, participation in electoral processes is not new. They participated in the General National Congress in 2012, organized under Law No. 4, which allowed all Libyans, without exception, to participate in elections. As a result, stateless individuals took part in this one electoral process. However, because voter registration later required a national ID number, minorities with administrative numbers were excluded from subsequent elections, including the more critical presidential and parliamentary elections.

The Government of National Unity, selected by the Libyan Political Dialogue Forum (LPDF) in February 2021, issued Resolution No. 322, which established a central committee to review applications for Libyan citizenship and verify the Libyan authenticity of certain categories, including stateless minorities with temporary records and administrative numbers. This step was intended to achieve the goals of the Geneva Roadmap, as mentioned in Article 1, Clause 2.8. However, the resolution faced opposition and condemnation from several local organizations and members of parliament, who saw it as a threat to national security by altering the demographic composition.

Since 1951, several laws have been issued granting minorities returning to Libya the ability to apply for citizenship. They were treated under a law passed in 1954 that granted Libyan citizenship to those born or residing in the country for more than ten years before October 7, 1950. Several subsequent laws regulated Libyan citizenship for returnees and nomadic populations. During Gaddafi’s rule, Law No. 24 of 2010 included all the rights sought by stateless individuals, but the problem lay in its implementation.

After the 2011 revolution, the hopes of stateless minorities, particularly the Tuareg and Tebu, rose, expecting new Libyan legislation to bring equality and justice. However, the situation deteriorated further after the introduction of the national identification number system, stripping stateless individuals of all civil rights and confining them to temporary documents.

The suspension of the legal status of the Tuareg and Tebu by the Libyan government is not merely a legal issue but a result of the absence of social justice. Despite this, their cause remains a societal question. The Tuareg, Tebu, and other stateless Arab returnees have reassembled to organize campaigns and initiatives under the slogan “No to Discrimination” to combat prejudice. In mid-February 2022, they met with the UN Secretary-General’s Special Adviser on Libya in Tripoli, calling for cooperation with the UN on several issues, including emphasizing the objectives of the Geneva Roadmap to resolve minority citizenship issues.

On the other hand, despite current political divisions, a new government and political roadmap were chosen by the eastern-based parliament. Amid the country’s political instability, holders of temporary records continue to seek hope. The Tuareg returned to protest at the Sharara oil field in mid-February, joined by other stateless individuals, threatening to shut down the field if neither of Libya’s current governments responded to their demands or worked to resolve their temporary record issues.

Before Libya’s upcoming presidential and parliamentary elections, this issue must be resolved. Ensuring the participation of Libyan minorities in the democratic process has become increasingly critical. In 2014, the security risks caused by their inability to participate in elections led to polling stations in their southern Libyan cities being shut down. Therefore, the social exclusion of minorities with temporary records from voting does not reflect national unity, especially when a significant portion of minorities is barred from voting. Addressing unresolved citizenship issues for the Tebu and Tuareg communities in southern Libya, which have persisted for over half a century, is essential for these elections and social stability.

On the other hand, minorities feel frustrated by the postponement and suspension of their legal status. Their fears of exclusion from upcoming elections have grown, and their problems have been compounded by the uncertainty surrounding the Geneva Roadmap, rendering any decree issued in this difficult situation ineffective. As a result, the challenges faced by stateless populations in Libya are primarily social and require a stable political context to coordinate effective initiatives granting them civil and political rights on both social and legal levels.

By Bushra Al-Hadhiri

Bushra Al-Hadhiri is the head and operations manager of Fezzan Libya, an NGO based in Sabha focused on youth-led reporting and community peacebuilding. Bushra is pursuing a Master’s in Sustainable Development at the University of Sussex.