Eye on Congress: 14th Report
The Eye on the General National Congress is a joint initiative of Bokra and H2O to prepare accurate . . .[restrict]reports on the performance of Libya’s General National Congress.
Introduction:
During this period, the GNC held 7 sessions that sparked widespread controversy among members of all affiliations. The GNC focused in these sessions on the completion of the Law of the Election of the Committee of 60, which was an issue of contention. However, the law was finally put to the vote on this committee which is charged with drafting the constitution. Meanwhile, Articles 5 and 6 of the law raised controversy amongst GNC members.
GNC also issued the Resolution No. 61 for the year 2013 on the child tax subsidy.
GNC Sessions:
103rd Session:
The GNC held its 103rd regular session on Tuesday 2 July, 2013 and the items to be discussed were as follows:
1st Item: Continued discussion of the draft election law of the Constituent Authority to draft a permanent constitution for the country.
2nd Item: other issues.
Regarding the first item, in the morning session a number of GNC members made remarks about the draft law. GNC member Majda Al-Fallah of the Justice and Construction Party announced that GNC members have already begun voting on articles of the Constituent Authority law. She said that Articles 7, 8, 14, 18, 21, 31, and 32 were put to vote. Ms. Al-Fallah added that GNC members had completed the discussion of the remaining controversial articles in the evening session, namely Articles 1, 6, 9, 44, 45, and 51. She stated that only two articles were put to vote out of the disputed six, and she also made it clear that article 44 was put to vote. This article designates the city of Beida as the headquarters of the Constituent Authority and provides for the selection of the President, the Vice-President, and the Rapporteur of the Authority by secret ballot within two weeks of the date of the announcement of the election results.
It is worth noting that 131 GNC members voted for the town of Beida to be the headquarters of the Constituent Authority. The GNC also voted on Article 45, which stipulates that the Authority will draft its Rules of Procedure within ten days of its first session. Ms. Al-Fallah also noted that Article 9 dealt with criteria of nomination, and that Articles 1, 6, and 51 are on definitions, distribution of seats by constituency, the system of election and external election, and reasons for the end of membership in the Authority. She explained that political blocs would discuss these articles before putting them to the vote next Sunday if a consensus was reached. Meanwhile, statements made by some GNC members indicated the likelihood of carrying out a constitutional amendment in the event of the adoption of the proposal to work with the 1951 constitution and amend it.
Professor of Constitutional Law at the University of Benghazi Mrs. Salwa Al-Daghaili said that the GNC does not have the right to amend articles of the Constitutional Declaration through which the elections were held except, as she put it, in cases of absolute necessity. Professor Al-Daghaili made it clear that the GNC has vowed to respect the Constitutional Declaration when power was handed over from the National Transitional Council. For this reason Al-Daghaili thinks that GNC should avoid any constitutional amendments.
Meanwhile, Al-Daghaili’s colleague, Professor of Constitutional Law Abdel Qadir Gadura commented that the Constitutional Declaration was drafted by a body which he described a Constituent Authority, namely the NTC. Therefore, only another Constituent Authority has the right to make any amendments to the Constitutional Declaration .
104th Session:
The GNC held its 104th regular meeting on Sunday 7 July, 2013 with the following items on the agenda :
1st Item: Continued discussion of the draft election of the Constituent Authority to draft a permanent constitution for the country.
2nd Item: Other issues.
It should be noted that the Office of the Presidency of the GNC called on all members of the Congress to attend the session, stressing that all members needed to attend due to the importance of the vote on the draft law on the election of the Constitutional Commission to draft a permanent constitution for the country. Meanwhile, an official statement released by the High Steering Committee of the National Forces Alliance (NFA) on Thursday 4 July, 2013, announced that it would suspend its membership in the GNC. The NFA move came in protest of the situation inside the GNC and also for several other reasons mentioned in the statement. “The NFA chose to give back the trust bestowed upon them by the Libyan people who have the inherent right to self-determination.” It is worth mentioning that the NFA has decided to suspend its activities in the GNC except in sessions discussing the constitution, according to the NFA statement.
On this subject, Tawfiq Al-Shahaibi, head of the NFA bloc in the GNC, said that the Alliance’s withdrawal from the GNC is, as he put it, the start of a course correction. “The NFA intended the move to speak frankly to those who cast their votes for the Alliance in the elections and tell them that the NFA does not have a voice in the GNC,” said Tawfiq Al-Shahaibi. He made it clear that the decisions within the GNC are steered by what he called the people of influence, who are supported by the armed groups. Al-Shahaibi believes that the NFA’s return to the GNC is contingent upon drawing up a roadmap for the end of the GNC’s work. He concluded by saying that all articles of the constitution have been agreed upon except two.
It is worth mentioning that the NFA bloc’s decision to suspend its membership in GNC has raised controversy among members of the Congress.
Commenting on the NFA move, Mohamed Khalil Al- Zaroug said that the GNC rules of procedures did not provide for the so-called suspension of membership. GNC members were either present or absent, functioning or resigned. “The NFA is the biggest bloc in the GNC. It has 39 members and controls some 80 other votes. As a result, the largest responsibility in the GNC lies with the NFA bloc, and alleging that there is a specific influencing force inside GNC is utterly untrue, because all decisions in the GNC are taken via voting involving all democratically elected GNC members including the NFA bloc,” said Mohamed Al-Zaroug.
Speaking about the election of the Constitutional Commission, Al-Zaroug said that the Constitutional Declaration provided for the election of the Constitutional Commission in the space of one month, which was realistically impossible. He added that since the court had abrogated this amendment in the Constitutional Declaration, efforts were underway to elect the Constitutional Commission, make constitutional amendments, appoint members of the Commission, assign a committee for drafting the election law, discuss the law and adopt most articles. He said only a few articles were still unsettled including the articles on the electoral system. Al- Zaroug also pointed out that the NFA bloc insisted on the list system and the admission of parties. Otherwise the NFA would, as Al-Zaroug put it, disrupt the work of the GNC and reject its decisions as illegal, although they had participated in the vote and were among the parties that negotiated on the Constitutional Declaration.
Moreover, Mrs. Huda Al-Banani, a member of the Justice and Construction Party in the GNC, announced that the NFA position was, as she put it, a disappointing betrayal at this particular stage. She said that NFA members challenged the Political Isolation Law under the pretext that it was passed under the threat of arms, something Al-Banani considered unacceptable.
The Justice and Construction Party (J&C) released a statement on Saturday 6 July, in which it froze the Party’s participation in both the GNC and the interim government. However, the J&C Congressmens and ministers are still members in both institutions as independents not associated with the party’s policies and programs. The J&C asked the GNC to deal with its members as independents non-affiliated to the party. It also demanded that the interim government deal with J&C ministers as technocrats according to the public interest. The J&C statement highlighted that the move came as an initiative from the party to promote stability and social peace and take into account the sensitivity of the current stage and defuse all adverse affect on the unity of the country.
Commenting on the J&C statement, Safwan Al-Mesouri, a member of the Steering Committee of the NFA, said that he was responding to what he described as a fraud and confusion of issues by some GNC members who are affiliated to Muslim Brotherhood following the NFA’s suspension of membership from the Congress. Safwan Al-Mesouri indicated that he had changed his mind and withdrawn his statements due to the Muslim Brotherhood’s announcement that it would freeze party activities just one day after the NFA’s decision. He stated that after the NFA decision, Khalid Al-Meshri, Mohamed Al-Zaroug and Omar Abushah began criticising the decision in a non-objective manner. Al-Mesouri concluded his statement by saying that he had decided to change his mind to give further explanations or responses to the above-mentioned names after the Muslim Brotherhood’s move. “These individuals, though they have some prominence, neither make their own decision nor participation in decision-making. They have not the slightest idea of what is going on behind the scenes of this group,” he said.
105th Session:
The GNC held its 105th regular meeting on Monday 5 July, 2013, with the following items on the agenda:
1st Item: Continued discussion of the draft election of the Constituent Authority to draft a permanent constitution for the country.
2nd Item: Other issues.
The GNC could not reach a compromise regarding the election law of the Constitutional Commission for drafting a permanent constitution for the country during this session. Huda Al- Banani, a GNC member and member of the Women’s bloc in Congress, attributed the lack of quorum during the vote on Articles 5 and 6 to the diversity of the proposals submitted by the political blocs, with each sticking to its vision. These articles determine the percentage of women’s representation in the Commission. “Demanding that women should be granted fifteen seats has been met with outright rejection from GNC members, which prompted the bloc to reduce the number of women’s seats to only six,” said Ms. Al-Banani. She reaffirmed that the women’s bloc hoped to support the proposal establishing the highest female representation on the Commission. She highlighted the divergence of views and proposals of the blocs. For example, the J&C argued that women should be free to stand for the election of the Commission in accordance with the individual system while maintaining the six seats for women. She also said that the NFA proposed a combination of the individual and list systems as an effective means to achieve the desired balance in female representation. She went on to say that the Ya Biladi bloc suggested the closed list system during the election process, something which fulfils the right of female representation on the Commission. Al-Banani stated that the Al-Wafa bloc confirmed its refusal to limit female representation by approving the quota system. She also pointed out that a number of women’s civil society organisations staged several sit-ins demanding the GNC approve the quota system and increase female representation to 35 seats.
It is worth mentioning that negotiations are in full swing on the remaining unapproved Articles 5 and 6 of the Law on the Election of the Constitutional Commission. Both articles deal with mechanisms for the representation of cultural and linguistic minorities, and the allocation of seats for women.
Negotiations and consultations continued between members and the political blocs within the GNC in this session.
106th Session:
The GNC held its 106th regular meeting on Tuesday 9 July, 2013, with the following items on the agenda:
1st Item: Continued discussion of the draft election of the Constitutional Commission to draft a permanent constitution for the country.
2nd Item: Other issues.
In this meeting, the GNC set conditions that must be met by candidates for the election to the Committee of 60 (the Constitutional Commission) entrusted with drafting a permanent constitution for the country. The GNC set the following conditions:
- Candidates should be 25 years of age or over on the polling day.
- Candidates should not to be a member of the GNC or the interim government.
- Candidates should not to be associated with one of the security or regular military bodies or security or military formations of the Ministries of Defense or Interior or the Chiefs of Staff.
- Candidates should not to be a candidate of a political party or entity.
- Candidates should meet standards of assumption of public office in accordance with the Political Isolation Law.
- Neither the candidate nor his/her spouse should hold citizenship of a foreign state.
- Candidates must be recommended by two hundred voters of his constituency excluding those who recommended another candidate . The recommendation should be in writing and signed by those who made the recommendation as well as certified by a contract registrar.
- Candidates must deposit a sum of 500 Libyan dinars in the bank account of the Commission or one of its subsidiaries . The sum is non-refundable and will be transferred to the public treasury.
- Candidates should commit to the general rules set by the Commission regarding the conduct of candidates.
Ahmed Al-Sa’adi, a member of GNC, announced that during this session, the head and the members of the Authority performed the legal oath for members of the application of criteria of assuming public offices, after having been granted confidence on Monday 8 July, 2013. The ceremony was attended by:
- Mr. Hilal Ezzdeen al-Sanusi Chairman of the Authority
- Mr. Emhamed Esa Sijuk member
- Mr. Omar Mustafa Al-Habasi member
- Mr. Ali Badi Hassan member
- Ms. Bahija Mahmoud Al-A’yeb member
- Mr. Tahar Hassan Asmio member
- Mr. Ahmed Mohamed Abbas member
- Mr. Abdul Hadi Ramadan Abushahaiwa member
- Mr. Ashour Zayed Salem Al- Mansouri member
- Mr. Musa Yakhlif Krar member
It is worth noting that MrTariq Mahdi Mahjoub and Rashid Abdel Salam Guieder are due to be sworn in shortly.
107th Session :
The GNC held its 107th regular meeting on Sunday 14 July, 2013, with the following items on the agenda:
1st Item: Continued discussion of the draft election of the Constitutional Commission to draft a permanent constitution for the country.
2nd Item: Other issues.
This session was marked by the final vote on the draft law of the election of the Constitutional Commission to draft a constitution. A general rapporteur was to be elected on Tuesday during the morning session. It should be noted that the GNC had been debating the draft law of the Election of the Constituent Authority of the Constitution in order to reach a final formulation on this issue.
In another context, Ms. Ibtisam Estaita, a member of the GNC, said that for the time being there was no consensus between the blocs in relation to Article 5 of the Law of the Election of the Constituent Authority for drafting the Constitution, which is concerned with how the election will be held. “No compromise solutions have been found as of yet,” said Ms. Estaita. She added that opinions differed between those who supported the open list and those who supported the closed list or the individual system.
Regarding women’s representation in the Authority, Ms. Estaita said there was no agreement between the blocs on a percentage for women’s seats. Ms. Ibtisam Estaita said that the morning session, which preceded the date of the next meeting on Monday, would include a meeting that brought together heads of blocs to find a solution on these issues. Next Tuesday, Ms. Estaita added, would be the final deadline to vote on the law, noting that in the case that a solution was not found, the law would be put to the vote without the possibility of abstention. “There are conflicting opinions among members of the political blocs with an outright rejection of the proposal to adopt the closed list,” said Ms. Estaita. She expressed concern that some members could be admitted to the commission for drafting the constitution as independent and then proven to be associated with political parties and blocs.
On the other hand, in a telephone interview on Libya Al Ahrar Satellite Channel on Saturday 13 July, 2013, Sulaiman Zubi, a GNC member and chairman of the Committee for the Drafting of the Law of the Election of the Constitutional Commission, said that NFA members of the Congress were the ones who had been delaying the issuance of the law for more than two months. Zubi explained that the NFA insisted on the electoral list system and wondered why they took this position. He also inquired as to why they do not introduce the independent system to the people. “The majority of GNC members want the independent system, while NFA are prioritising personal interest,” said Zubi. He added that the list system facilitated fraud and deceit as occurred in the previous elections, and wondered why the NFA did not adopt the independent system and allow the people to elect them. Zubi stressed that the independent system was in the people’s interest, reminding everyone that this was the future of Libya.
In a statement to clarify the NFA’s position, Abdel Fattah Al-Hablus, a GNC member of the NFA, said the NFA still adhered to the proposal submitted by itself on Articles 5 and 6. Al-Hablus confirmed that NFA would propose a solution that split the difference between the two existing proposals. The first was submitted by the J&C, and the other was introduced by the Ya Biladi bloc, which provides for the adoption of the election list system. He also explained that the NFA proposal sought to achieve some amount of consensus, and envisioned a combination of electoral systems in all constituencies of the country so that all political entities and independents as well as regional and tribal entities which want to have a share in the Commission of 60 could be satisfied.
“Adopting the election list system would reduce problems that may occur between those movements,” said Al-Hablus. He condemned the campaigns being waged against the NFA which he believed were the work of movements aiming to antagonise the NFA and other beleaguered politicians.
He also refuted accusations that the NFA was impeding the issuance of the law of the Constitutional Commission, saying that they were utterly untrue. “We actually offered our own proposal,” said Al-Hablus. He made it clear that the NFA was dealing positively with all proposals. At the same time he said that all articles of the law of the Constitutional Commission were put to vote except Articles 5 and 6. These articles both required need and further debate in order to avoid the violation of the Constitutional Declaration, which made all Libyans equal in power, rights and duties. He noted that it was the duty of the NFA to maintain that Declaration.
He said that opinion polls showed that people supported the list system without the need for lists to represent political entities. Instead, it could be made up of independent individuals who stood for the elections on the lists in a single constituency on the provincial level, so that multiple groups could make coalitions on the lists and enter the Committee of 60. He expressed rejection and sorrow that these accusations came from some members of the Congress, including the first vice-president who attacked the NFA with groundless accusations, alleging that the NFA was always obstructing the work of the Congress
During this session, the Minister of Awqaf and Islamic Affairs was endorsed in a vote of confidence. GNC member Faraj Sassi of Benghazi said that 96 GNC members gave confidence to the new Minister of Awqaf and Islamic Affairs Ali Mohamed Bashir Ahmouda to succeed the former minister Abdul Salam Abu Saad. Sassi pointed out that the new minister was one of the most prominent members of the National Front for the Salvation of Libya in 1980s. Finally, Mohamed Ali Abdullah, chairman of National Front Party, announced hat the current transitional phase places the country at a political crossroad. “The country is at a crossroad. There is no way out of it unless all political parties are willing to work to build state institutions and the rule of law. They can also choose to continue wrangling over challenges, winners, and losers,” said Mohamed Ali Abdullah. He added that the ongoing political feuds and ideological conflicts were far from the nature of the Libyan people, and have no roots in Libyan society. Abdullah went on to say that imported political channels have infiltrated to the country and some of these have been granted political platforms.
108th Session :
The GNC held its 108th regular meeting on Monday 15 July, 2013, with the following items on the agenda :
1st Item: Continued discussion of the draft election of the Constituent Authority to draft a permanent constitution for the country.
2nd Item: Other issues.
In this meeting, the GNC decided that Tuesday, 16 July 2013 would be the deadline to vote on the Law on the Election of the Constitutional Commission and the election of the Rapporteur of the Constitutional Commission. It is worth noting that the GNC Presidency invited all members to attend at 11 am, including the NFA bloc members who withdrew from the GNC except for Constitution-related issues. The same applies to members of the J&C bloc who froze their membership in the Congress.
109th Session:
The GNC held its 109th regular meeting on Tuesday 16 July, 2013 with the following items on the agenda:
1st Item: Continued discussion of the draft election of the Constitutional Commission to draft a permanent constitution for the country.
2nd Item: Other issues.
Articles 5 and 6 of the Law of the Election of the Constituent Authority were ratified. Both sparked controversy and GNC spent more than one session discussing them but failed to reach any consensus. Article 6 was approved by 124 votes, and establishes the mechanism of the election with both the independent and the list systems. The NFA and Ya Biladi blocs made a proposal suggesting that the electoral system should use the closed list and the independent systems. This proposal received 36 out of the 166 votes. Another proposal for Article 6 was presented by J&C and Al-Wafaa, as well as a number of independent members. The proposal envisions the electoral mechanism as an individual system based on simple majority whereby the winner of the seat is the candidate who obtained the highest vote. In the case of a tie, a draw is made between those who got the same highest vote. The proposal also included the allocation of 6 seats for women. It received 124 out of 166 votes, and it was finally adopted.
Abdul Salam Nassiya, a GNC member for Zintan, announced that he withdrew from today’s session when Article 6 of the law of the Constituent Authority was being introduced. “The Western Mountains was deprived of a separate constituency, and all cities of the Mountains were given just two seats and a single seat for the Amazigh. They should have been given four seats due to the historic rights of the Jebel,” said Nassiya. Finally, he wondered, if the distribution of seats was not subject to population density, why this was a factor for the Western Mountains.
Jumaa Ateega, first Vice-President of the Congress, submitted his resignation. In his resignation speech, Ateega attributed his resignation due to objective personal and health reasons.
Meanwhile, Mr. Omar Humaidan, GNC official spokesman said voting has been postponed until next week to elect a new GNC rapporteur due to the impact of the resignation of Mr. Jum’aa Ataiga. Humaidan also said after the vote on articles 5 and 6, the High Electoral Commission could proceed with the election of the 60 members.
Decisions of the GNC:
Resolution No. 61 for the year 2013 on the authorisation of the Ministry of Finance to transfer of financial allocations to the Ministry of Social Affairs:
The GNC issued on 6 July, 2013 a decision granting permission to the Ministry of Finance to transfer LD 2,400 million to the Ministry of Social Affairs to cover the value of the child tax subsidy under Law No. 6, through the budget reserve.
In Article 2, the resolution provided that the ministry concerned is to speedily execute the law with accurate application of conditions relating to females who are over the age of eighteen years.
Sources:
• Direct monitoring of live transmitted sessions
• GNC official website
• Page of GNC Media Center
• Libyan News Agency
• Al-Tadam0n News Agency
• Libyan Al-Anbaa newspaper
• Social networks of GNC members and parties
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Bokra Organization and H2O Team
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