The full text of the latest UNSMIL draft political agreement

By Hadi Fornaji.

Tripoli, 28 April 2015:

UNSMIL chief Bernardino Leon accepted when he sent out the third and latest draft of the Libyan Political Agreement that not everyone would be happy, though he may not have anticipated the almost immediate rejection by the GNC in Tripoli.

In his covering letter, he wrote: “This draft will not meet all the expectations of all the parties, particularly with regard to the distribution of competencies among the different institutions” he continued,  “It does, however, go a long way towards forging a common ground for a fair and reasonable political agreement that addresses the concerns of all parties”.

He said that the document was anchored in the inviolability of the democratic process and in the recognition of judicial decisions. Nevertheless, it seems clear that the Supreme Court’s November 2014 ruling as unconstitutional the way that the GNC drafted the law for last June’s elections, has not been given the respect on which the rump of the GNC is insisting.

Leon continued: “This includes upholding the results of Libya’s democratic elections in June 2014, as well as taking all steps necessary to prevent a constitutional vacuum in line with the principle of the continuity of the state”.

He asked for everyone involved in the dialogue to say by 3 May whether the “general terms” of the agreement were acceptable and to send any amendments.

Leon, who is due in New York tomorrow to brief the United Nations, outlined his next moves. These would include a further round of talks to finalise the agreement and bring together all the different “dialogue tracks” at a formal signing ceremony, which would establish a Government of National Accord.

He said that he is now in consultations over nominations for the posts of the prime minister and the two deputies.  He also planned to call a “Security Track” . The draft agreement calls for an immediate ceasefire when it is signed and the surrender of all weaponry within 60 days. He also intends to call the much-delayed meeting of tribal leaders.
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He concluded his letter: “After months of intense discussions and negotiations, countless meetings with all the parties, I am confident that we have approached the final stages of this phase of the dialogue process. It is now time to for the main parties and participants in this process to decide whether or not they want to take that key and courageous step towards reaching a political solution facilitated by the United Nations and enjoying the support of the wider international community.

“The alternative is to continue fighting, and take the country further down the path of chaos and destruction”.

The draft of the agreement (which lacks appendices and attachments) is below.

Version 3 (26/4/2015)
The Libyan Political Agreement (draft)

Preamble
Concurring that the peaceful settlement of the crisis in Libya requires a clear commitment and an unequivocal determination on the part of Libya’s political representatives, with the broad support of all parties, as well as the concerted and sustained efforts of all of the people of Libya,

Responding to the needs of the legitimate state institutions to have clear arrangements with regards to the management of Libyan affairs until the adoption and implementation of the Libyan Constitution,

Expressing their commitment to the higher national interest of Libya and to placing it above all other priorities,

Affirming their commitment to the democratic track based on respect for the outcome of the electoral process and the principle of peaceful devolution of power,

Stressing the principle of respect of the judiciary and its independence and their commitment to its integrity and impartiality,

Expressing their determination to ensure that all Libyans have the opportunity to participate effectively in state-building efforts,

Expressing their resolve to re-establish a stable environment that enjoys peace and security so as to enable state institutions to effectively meet the needs of the Libyan people and maintain their gains,

Expressing their determination that the legitimate state authorities shall have the exclusive use of force in Libya in compliance with the rule of law, Libya’s obligations under international human rights law and the rights and liberties of the Libyan people; and that security sector officials are subject to civilian oversight and accountability in accordance with the Libyan legislations in force,

Underscoring the important role of Libyan women in conflict prevention and resolution as well as in peace building, and the importance of their equal participation in all efforts that aim to resolve the Libyan crisis; also, the need to enhance their decision-making role in relation to those efforts and participation in the political process.

Expressing their determination to engage the youth in peace making, promote their role in the political process, and strengthen them so as to confront all forms of terrorism and extremism,

Expressing their grave concern over the growing threat posed by terrorist and extremist groups against Libya’s sovereignty, national unity and territorial integrity, as well as its democratic transition; and their total rejection of extremism and terrorism, in all its forms and manifestations and regardless of its motives,

Expressing their condemnation of violations of human rights and international humanitarian law, including the targeting of civilians and civilian institutions; and their desire to put an end to impunity,

Looking forward to building a secure and coherent society in which national reconciliation, justice, respect for human rights and freedom of expression prevail, and

Reiterating Libya’s commitment to its international obligations,

The Participants in the Libyan Political Dialogue agree to the following:

Governing Principles
This Agreement and its implementation shall be guided by the following principles:

1. Commitment to the protection of the national and territorial integrity of Libya, as well as its sovereignty, independence and its full control over its international borders, and rejection of any foreign intervention in Libyan internal affairs.

2. Full commitment to the Constitutional Declaration and its amendments, as well as to the political process that is based on the principles of democracy and peaceful devolution of power.

3. Commitment to the respect of the principle of separation of the three powers, legislature, executive, and judicial, and that the [text missing]

4. Commitment that the House of Representatives is the only legislative authority in the country.

5. Commitment to the principles of the 17 February Revolution that are included in the preamble of the Constitutional Declaration, and that are based on justice, equality, respect for human rights and the establishment of the state of law and institutions.

6. Affirmation of the principle of equality between Libyans in terms of enjoyment of civic and political rights and equal opportunity, and rejection of any discrimination between them for whatever reason.

7. Full commitment to the pertinent Security Council resolutions.

8. Commitment to the formation of a government of national accord that leads the executive body and that works towards the implementation of an agreed action programme.

9. Exclusive monopoly by the State over the legitimate use of force.

10. Rejection and criminalisation of all forms of violence, threat of use of violence, or incitement to use violence for political goals. The law shall apply to anyone who incites hatred and violence.

11. Condemnation and combatting of terrorist acts of all forms, types and funding sources, as well as commitment to the exclusive responsibility of the State in counter-terrorism, provided that it adheres to legal procedures as well as human rights and international humanitarian law as stipulated in the relevant international agreements and conventions.

12. Commitment to support, develop and activate the army, police service and security institutions; for they protect the homeland, ensure the safety and security of citizens and work based on legislations in force that guarantee transparency, accountability, effectiveness and professionalism under the oversight of the civilian authority. Military and security institutions shall commit themselves to impartiality; they shall not prejudice the constitutional system, and they shall prohibit their members from
practicing political action.

13. Commitment to the implementation of the decisions of the legislative authority concerning the disbandment, integration and rehabilitation of members of armed formations in civilian and military state institutions, in addition to removing all armed formations from the Greater Tripoli and its suburbs.

14. Safeguarding the rights of cultural components, as they are considered an integral and fundamental component of the Libyan people, within the framework of the state of citizenship and the unifying national identity.

15. Rejection of the use of all types of media outlets for inciting hatred and spreading accusations of blasphemy, treason, extremism, fundamentalism and defamation as well as all forms of discrimination and contempt.

16. Non-permissibility of detention or arrest except according to the law. Commitment that all prisons and detention centres are placed under the effective control of the judicial authority, and to implement Libyan laws that relate to the release of all those held without charge or trial, and promptly and fairly prosecute those who have to face legal proceedings.Also, commitment to disclosing the fate of missing persons.

17. Accountability for all forms of torture and other forms of mistreatment against those detained by any party.

18. Activate transitional justice and national reconciliation mechanisms in line with the Libyan legislations in force and international standards, so as to uphold the truth and achieve accountability, reconciliation and reparation.

19. Commitment to work towards combatting human trafficking and irregular migration through the concerted efforts of concerned states and in close cooperation with international community and neighbouring states, while reaffirming respect for the pertinent rules of international law.

20. Total Commitment to addressing the humanitarian situation of the refugees and displaced persons as well as facilitating their voluntary return to their areas as soon as possible; also commitment to providing them with protection and reparation for the damages they sustained, taking into account the financial status of the Libyan State.

21. Activation of the decentralised system as a basis for local governance within the framework of the unity of the State.

22. Preservation of natural wealth, national resources as well as the state’s financial and economic institutions that belong to all Libyans, and investing them for the benefit of the people and future generations. Only official state authorities shall be able to control or dispose of them in accordance with the relevant legislations in force; and they shall not be involved in any conflict.

Government of National Accord
Article (1)
1. The formation of the Government of National Accord comes at a time when the country is experiencing exceptional circumstances. It derives its strength from being the culmination of the Libyan political agreement. Its success requires continued support from all parties to enable it to perform its tasks properly.

2. The Government of National Accord shall be established on the basis of competency and equal opportunity. It shall be assigned to exercise the tasks of the executive authority. It shall consist of a Cabinet chaired by the Prime Minister, with two Deputy Prime Ministers and a number of Ministers as members. Its headquarters shall be in the capital, Tripoli and it can perform its functions from any other city.

3. A Presidency Council for the Cabinet shall be established. It shall be chaired by the Prime Minister, and its membership shall comprise the two Deputy Prime Ministers and two Ministers. Any decision shall require unanimity of the President of the Presidency Council of the Cabinet and his two deputies.

4. The term of the Government of National Accord shall be one year as of the date on which it receives the vote of confidence from the House of Representatives. In case the Constitution is not issued during its term, such term shall be automatically renewed for one additional year only. In all cases, the term of the Government shall end immediately after the formation of the executive authority according to the Libyan Constitution or the expiry of the duration specified for it, whichever is earlier.

Article (2)
1. Appointed members of the Government of National Accord must fulfil the conditions stipulated in the Constitutional Declaration, taking into account the principles of competency and non-discrimination.

2. The Government of National Accord shall give the necessary consideration to the geographic distance, cultural components and the fair representation of women and youth when selecting its members.

3. The assigned Prime Minister and his two deputies shall select the ministers based on a unanimous agreement between them and after convening a consultation session specifically for this purpose with members of the Libyan Political Dialogue.

4. Annex A of this Agreement specifies the names of the Prime Minister and his two deputies and members of the Government.

Article (3)
The Prime Minister shall submit the list of the members of the Government of National Accord and its programme to the House of Representatives, within no more than one month of the adoption of this Agreement, in order to be endorsed in accordance with the legally stated procedures within a period that does not exceed 5 days of the submission to the House of Representatives. The House of Representatives shall exercise oversight functions over the Government. The Government of National Accord cannot be dismissed except with the approval of two-thirds of House of Representatives members.

Article (4)
The resignation of the Prime Minister, his death or vacancy of his position for any reason shall lead to the resignation of the whole Government. In this case, the outgoing government shall continue functioning as caretaker government until the formation of a new government. The Libyan Political Dialogue shall meet in a session specifically convened for this purpose in order to select a replacement, provided that the House of Representatives endorses this.

Article (5)
In case either Deputy Prime Ministers positions becomes vacant for any reason, the Prime Minister, within a period that does not exceed ten days of the vacancy of the position, and after consulting with the remaining members of the Presidency Council of the Cabinet, shall select a replacement and present him to the House of Representatives to receive the vote of confidence.

Article (6)
The Prime Minister and his two deputies may remove any minister based on their unanimous agreement, provided that the Minister continues in a caretaking capacity until a replacement is presented to the House of Representatives within ten days of the removal to receive the vote of confidence.

Article (7)
The Government of National Accord shall adopt during its first meeting its own decisionmaking mechanisms with a two-thirds majority of its members.

Article (8)
The Presidency Council of the Cabinet, which comprises the Prime Minister, as well as the membership of the two Deputy Prime Ministers and two Ministers, shall have the following terms of reference:

1. Terms of Reference of the President of the Presidency Council of the Cabinet
a. Represent the State in its foreign relations.
b. Accredit representatives of states and foreign bodies in Libya.
c. Preside over the Cabinet meetings.

2. Terms of Reference of the Presidency Council of the Cabinet:
a. Assume the functions of the Supreme Commander of the Libyan army until the competencies of this position as well as the competencies of the leadership levels in the Libyan army have been specified by a law, which is to be submitted by the Government of National Accord within a period that does not exceed three months of the date of the assuming its duties, and to be endorsed by the House of Representatives.

b. Appointment and removal of the Head of the Intelligence Service upon the approval of the House of Representatives.

c. Appointment of ambassadors and representatives of Libya in international
organisations based on a proposal from the Minister of Foreign Affairs.

d. Appointment and removal of senior officials, with the exception of the following positions: Governor of the Central Bank of Libya, Head of the Audit Bureau, Head of the Administrative Oversight Authority, Head of the Anti-corruption Authority, Head of the High National Electoral Commission, and the Public Prosecutor. The appointment or removal of such sovereign positions shall require the approval of two thirds of the members of the House of Representatives, provided that the House of Representative enacts, as soon as possible, a legislation that works towards affirming the independence of such institutions

e. Declaration of states of emergency, war and peace, and adoption of exceptional measures upon the approval of the National Defence and Security Council. The decision shall be submitted to the House of Representatives for endorsement within no more than ten days of its issuance.

Article (9)
The Cabinet shall have the following terms of reference:

1. Establish and implement the Government programme for the duration of its term, taking into consideration the priorities stated in this Agreement,

2. Propose the necessary draft laws for performing its tasks and submit them to the House of Representatives for endorsement,

3. Issue bylaws as well as administrative decisions and directives as required for the implementation of the Government programme and in accordance with legislations in force,

4. Manage national affairs in the interest of the country, according to laws, bylaws, regulations, and decisions in force,

5. Prepare the draft general budget and balance sheet of the State,

6. Develop and implement temporary emergency financial arrangements as appropriate upon conducting necessary consultation with the Central Bank of Libya, the Audit Bureau and relevant oversight authorities, according to the provisions of the financial law in force,

7. Issue decisions regarding the structure and management of the executive bodies and institutions affiliated with the Government as necessary and appropriate, and upon consultation with the relevant authorities,

8. Negotiate international agreements,

9. Implement the agreed tasks in this Agreement.

Article (10)
The Government of National Accord shall commit itself to the formation of a Women Support and Empowerment Unit under the Presidency of the Cabinet.

Confidence Building Measures
Article (11)
1. All parties to this Agreement shall collect complete information on abductees and missing persons and submit it to the Government of National Accord, as well as release persons held or detained without legal basis.

2. All parties to this Agreement shall report all individuals held or detained in their custody, and state reasons for their detentions. This information shall be submitted in writing to the Government of National Accord within no more than thirty (30) days of when the Government assumes its duties. They shall also participate in the provision of effective protection to the competent prosecution and judiciary to ensure a review of all detention and arrest cases and an immediate release of all persons who are detained
without legal basis.

3. All parties to the agreement shall ensure that all detainees and prisoners are held only in officially recognized facilities under the control of the competent authorities according to Libyan law.

Article (12)
All parties to this Agreement shall cooperate with the efforts of the Government of National Accord, and the United Nations agencies as well as other relevant authorities to assist refugees and the internally displaced to return swiftly to their areas. A committee shall be established to oversee this according to an agreed timeline.

Article (13)
1. The Government shall provide humanitarian aid to areas and persons affected by the current crisis, while giving special attention to regions and areas that are most affected by the conflict.

2. It shall not be permissible for any party to prevent, obstruct or otherwise interfere with the provision of humanitarian aid by the Government of National Accord, civil society institutions or international organisations.

Article (14)
1. No party to this Agreement shall launch or participate in any media campaign or messages intended to incite or promote any form of violence or threat to civil peace and national unity.

2. The parties to this Agreement shall support the use of media to promote reconciliation, tolerance and national unity, and to educate the public about this Agreement.

Article (15)
1. The Government of National Accord shall have full authority and control over all airports, maritime ports, land crossings and all vital installations in the Libyan State.

2. Parties to this Agreement shall affirm the need to track those who commit the crime of using force against the Government of National Accord’s control over any airport, maritime port, land crossing or other vital installation, and the need to arrest and prosecute them so as to face penalties established by the law.

3. All parties to this Agreement shall fully cooperate with measures taken by the Government of National Accord to open airports, maritime ports and land crossings, and to secure air, maritime, and land transportation and navigation. No party to this Agreement shall take any action intended to obstruct air, maritime, and land transportation and navigation.

Article (16)
All Libyan citizens have the right to free movement throughout Libya, and the right to travel abroad via any of the airports, maritime ports or land crossings. No action shall be taken with the intention to restrict anyone’s freedom of movement except in accordance with legislations in force.

Article (17)
The Government of National Accord shall continue to support the National Number System project as a guarantee for several purposes, including the fair payment of salaries to Libyans in accordance with the Libyan law and without any discrimination.

Security Arrangements
Article (18)
1. The interim security arrangements shall work towards ending the armed conflict in Libya and stabilising security in the country. The Government of National Accord shall be responsible for the implementation of the interim security arrangements, through the army, police and security institutions, with the support of the United Nations, the League of Arab States and the international community.

2. The interim security arrangements shall comprise:

a) Ceasefire arrangements,

b) Arrangements for the withdrawal of armed formations from cities, residential areas and critical infrastructure installations as a prelude to the implementation of decisions issued by the legislative authority on their disbandment, integration and rehabilitation.

c) Monitoring arrangements for disarmament as well as weapons and ammunition cantonment across the country and within a specific timeline.

d) Monitoring and verification mechanisms with regards to the aforementioned arrangements, with the support of the United Nations, the League of Arab States and international community.

3. The Government of National Accord shall have the authority to take the necessary measures in support of the stabilisation of the country, as well as the implementation of the security arrangements in accordance with the agreed measures and timelines attached to this Agreement.

Article (19)
All interim security arrangements stated in this Agreement shall not restrict the efforts of the Government of National Accord aimed at combatting terrorist organisations that are classified under the relevant Security Council resolutions and Libyan legislations in force; such organisations include ISIS – Ansar Al Sharia and Al Qaeda.

Article (20)
1. The Government of National Accord, upon seeking the opinion of the National Defence and Security Council, shall classify any Libyan entity as a terrorist group according to the Libyan legislations in force and in accordance with international humanitarian law and international human rights law as well as the relevant Security Council Resolutions.

2. The Government of National Accord, through its different relevant institutions, including the army and the police, shall take the necessary steps to combat terrorist threats in Libya that threatens the national security and social peace. This includes the adoption of the necessary strategies and their implementation mechanisms in accordance with Libyan legislations, international humanitarian law and international human rights law, as well as international resolutions on anti-terrorism.

Article (21)
1. Once it receives the vote of confidence by the House of Representatives, the Government of National Accord shall establish and chair the “Committee for Monitoring the Implementation of the Ceasefire, Disengagement, Redeployment and Disarmament” as agreed. It shall be the only competent authority in this regard. The Committee shall establish sub-committees and other supporting mechanisms as may be required, taking into consideration the representation of local communities, including men and women in such mechanisms. Until the Committee has been formed, the Security Track of the Libyan Political Dialogue shall determine suitable mechanisms to implement the security arrangements.

2. The Government of National Accord shall look into requesting the necessary assistance for the Committee from the United Nations and the League of Arab States, in addition to the international community.

3. The tasks of the Committee shall include:

a) Supervising the implementation of the ceasefire and the temporary redeployment of armed formations according to the attached agreed arrangements and timelines,

b) Facilitating the withdrawal of armed formations to specific assembly areas outside cities, and monitor these areas to ensure compliance with the ceasefire plan,

c) Investigating reports on ceasefire violation and taking any suitable measures in this regard,

d) Taking the necessary decisions for the withdrawal of armed formations form cities, residential areas and vital installations, as well as disarmament and collection of all weapons and ammunition, Facilitating the delivery of humanitarian aid,

e) Developing the necessary operational plans for the implementation of this
agreement,

f) Other necessary tasks for the work of the Committee.

4. The Committee shall develop mechanisms as required to facilitate the participation of community leaders in the implementation of the ceasefire, redeployment and disarmament.

Article (22)
1. The comprehensive and permanent ceasefire agreement shall enter into force throughout Libya as of the date of the signing of this Agreement. The parties to the conflict shall commit themselves to immediately cease hostilities and freeze any military movement once the ceasefire enters into force. The Committee shall supervise the disengagement arrangements between the forces according to an agreed written plan and timeline to be implemented within fourteen (14) days of when the ceasefire enters into force.

2. The ceasefire plan shall include a definition of acts that constitute a violation to the ceasefire and violations reporting mechanism as well as implementation mechanisms.

Article (23)
1. Armed formations shall withdraw from all cities and residential areas, starting with the capital, Tripoli, and redeploy in specific and agreed upon locations at an agreed upon distance outside the cities, based on an agreed written plan and timeline to be implemented within thirty (30) days of the entry into force of the ceasefire.

2. The Government of National Accord shall deploy police and army forces to maintain security and order in areas from which conflicting forces have been vacated, as well as ensure the safety and orderly functioning of the judicial authorities.

Article (24)
1. Armed formations shall withdraw from all vital and infrastructure installations, including airports, ports, border crossings, oil installations, power plants, vital water installation, and governmental headquarters, to specific and agreed upon locations. The Government of National Accord shall assume full control over the vital and infrastructure installations according to an agreed written plan and timetable to be implemented within thirty (30 days) of the entry into force of the ceasefire.

2. The Government of National Accord shall deploy police and army forces to protect vital and infrastructure installations.

Article (25)
1. The Government of National Accord, through the army and security institutions, in accordance with the relevant procedures and laws, and in coordination with armed formations and municipal councils, as well as with the supervision and assistance of the United Nations and the League of Arab States, shall collect all heavy weapons and related ammunition. This shall occur within sixty (60) of the entry into force of the ceasefire and according to an agreed written plan and timetable. The categories of weapons and
ammunition as well as storage areas for cantoned ammunition and the location of cantonment shall be determined and agreed in writing.

2. The Government of National Accord shall, in coordination with relevant bodies, take the necessary measures to organise possession of light weapons.

Article (26)
Until the decision on their disbanding has been implemented and the status of their members has been settled, all armed formations shall commit themselves to the provisions of the Libyan law, international humanitarian law and the international human rights law, especially with regards to the protection of civilians and the provision of safe passage and freedom of
movement for them.

Article (27)
Upon its endorsement, the Government of National Accord shall be the one and only authorised body to import arms and ammunition in accordance with Libya’s international obligations, including the relevant United Nations Security Council resolutions.

Article (28)
The Government of National Accord shall ensure that the authority to detain or arrest persons is strictly limited to statutory law enforcement bodies, and that such authority is conducted in compliance with Libyan laws, international human rights law and international humanitarian
law. No armed formation shall be granted the authority to arrest or detain persons, and the necessary legal measures shall be taken to ensure this. In all cases, no arrests or searches may be conducted without the written authorisation of a competent judicial body, except in cases of flagrant delicto, in which case the person shall be immediately referred to the competent judicial authority.

Article (29)
1. The Government of National Accord shall activate all existing laws, decisions and regulations in force and develop the necessary arrangements related to the disbandment of armed groups according to a timeline. It may submit new draft laws to the House of Representatives as necessary and appropriate for the implementation of this purpose.

2. The Government of National Accord shall strive to support, activate and develop the army, police and security institutions according to modern and clear professional and national bases

3. The Government of National Accord shall work according to a specific timeline to identify and list all armed formations.

4. The Government of National Accord shall develop strategies and plans that aim to disband, integrate, and rehabilitate members of the armed formations into civilian and military state institutions, and shall provide them with job opportunities to live in dignity within the Libyan society.

Article (30)
The formation of the Government of National Accord shall coincide with the application of the security arrangements in accordance with the stipulations of this Agreement.

Constitutional Process
Article (31)
The parties shall affirm the importance of committing themselves to finalising the constitutional process in order to conclude the transitional period.

Article (32)
All parties shall commit themselves to upholding the independence and impartiality of the Constitution Drafting Assembly, and shall pledge to undertake all necessary measures to guarantee its security and create a suitable environment that would allow it to work freely, independently, and in a manner that enables it to have unhindered access and communication
with all sections of the Libyan society, inside and outside Libya.

Article (33)
The Government of National Accord shall commit itself to providing the necessary financial and logistical support to the Constitution Drafting Assembly, in order to be able to perform its duties in the best possible way and to be able to finalise a permanent constitution that reflects
the ambitions and aspirations of the Libyan people.

Article (34)
The parties call on the Constitution Drafting Assembly to expedite the development and announcement of a roadmap along with a clear time schedule for the remaining phases of the its work.

Article (35)
The Constitution Drafting Assembly shall commit itself to consult the Government of National Accord, the State Council and the House of Representatives about the draft constitution upon the completion of the final draft and before it is presented for referendum. The remarks of such bodies must be sent in writing to the Assembly within two weeks of them receiving the draft constitution.

Article (36)
The work of the Constitution Drafting Assembly shall continue until no later than 25 December 2015. In case the Assembly is not able to conclude its mission by that date, the Libyan Political Dialogue shall convene within a period that does not exceed two weeks of that date to deliberate in this regard.

Specialised Institutions and Councils
Article (37)
A supreme council for local administration, chaired by the Minister of Local Government, shall be established. It aims at promoting cooperation and coordination between municipal councils and the relevant competent executive authorities as per Law 59 of 2012 on Local Administration. It will also follow up on the implementation of confidence building mechanisms stipulated in this Agreement.

Article (38)
The Government of National Accord, after consulting the State Council, shall establish a reconstruction commission to lead and coordinate reconstruction efforts in areas affected by the conflict.

Article (39)
Within thirty (30) days of assuming its duties, the Government of National Accord shall submit to the House of Representatives a draft law on the terms of reference and work system of the National Defence and Security Council, while taking into account the creation of mechanisms that allow the Council to communicate with parties capable of promoting its work in relation to issues that concern them.

The Supreme Council of State

Article (40)
1. The State Council shall be the highest consultative body of the Government and shall carry out its work independently guided by the Constitutional Declaration and the Libyan legislations in force. It shall express opinion on draft laws and decisions of a legislative nature, as well as offer necessary advice and proposals to the Government of National Accord.

2. The Council shall have a legal personality and financial independence.

3. The Council shall consist of one hundred members. They shall be selected in consultation with the participants in the Libyan Political Dialogue, including former parliamentarians and personalities, who are respected and trusted by the Libyans, and whose standing in state affairs, civil society and local community is well recognised. The selection shall take into account geographic distance, cultural components and the representation of women and youth.

4. In case any of the State Council members’ seats becomes vacant for any reason whatsoever, the Council shall appoint a replacement in any of its subsequent meetings and after an agreement by a two-thirds majority of its members.

Article (41)
The State Council shall organise its work based on Annex (…) of this Agreement, provided that the Council works with the Government of National Accord towards the formulation of a draft law which the Government shall submit to the House of Representatives for endorsement.
The House of Representatives shall vote on this law within a period that does not exceed two weeks of the date of its submission.

Article (42)
In its first meeting, the State Council shall elect its President, two deputies and a rapporteur, and shall develop its own bylaws. Upon the issuance of its law, the Council shall hold periodical meetings, the duration between which shall not exceed thirty (30) days.

Article (43)
1. The headquarters of the State Council shall be based in the capital, Tripoli.

2. The term of the State Council shall end with the end of the term of the Government of National Accord as per the text of this Agreement.

Article (44)
The Government of National Accord shall consult with the State Council on the other issues:

1. Draft laws and decisions of a legislative nature.

2. Concluding or accession to international agreements. The State Council shall reply in writing to any of such proposals within 14 days of the date of
receiving them.

Article (45)
The State Council shall be competent to examine and propose the necessary policies and recommendations for the following topics:

1. Supporting the implementation of the Libyan Political Agreement.

2. Supporting national unity.

3. Protection of the core foundations of society.

4. Economic and social development projects according to the Government’s action programme and priorities.

5. Combatting terrorism, extremism and violence.

6. Supporting national reconciliation efforts and social peace through current mechanisms.

7. Return of refugees and displaced persons.

8. The role of media in supporting peace efforts and rejection of the culture of violence and hatred.

9. Support and assist fact-finding commissions and anti-corruption institutions towards the conduct of their work.

Article (46)
1. The State Council shall express its opinion in other matters on which the Government decides to seek its advice. It may, to that end, prepare the necessary notes, studies and reports, provided that when submitting its proposals it adheres to the standards and limitations specified by the Government of National Accord.

2. In order to fulfil its duties, the Council may establish specialised committees from among its members, and may utilise the assistance of the competent and experienced Libyan experts.

Article (47)
The House of Representatives shall have the right to seek the opinion of the State Council in issues that it deems fit.

Article (48)
The Prime Minister, his deputies and ministers may attend the sessions of the State Council or one of its committees so as to express opinion in related topics.

International Support

Article (49)
The Government of National Accord shall request the Security Council to issue a resolution that endorses this Agreement and supports its implementation, especially in relation to the necessary assistance to monitor compliance to security arrangements.

Article (50)
The Government of National Accord shall work with the United Nations Support Mission in Libya (UNSMIL) towards the development and adoption of a comprehensive plan for international support to the Libyan state institutions throughout the remainder of the transitional period. The Government of National Accord shall work with UNSMIL towards the coordination of international community efforts during the implementation of this plan through a mechanism adopted by the Government of National Accord including the establishment of a technical support unit for this purpose.

Article (51)
The Government of National Accord, in cooperation with UNSMIL and the League of Arab States, shall organise as soon as possible an international conference to mobilise and coordinate international support for Libya in all aspects relating to capacity-building and good governance, as well as combatting terrorism.

Final Provisions
Article (52)
The House of Representatives shall continue until the end of the mandate of the Government of National Accord, or the convening of the first session of the legislative authority as per the Libyan Constitution, whichever is earlier.

Article (53)
The House of Representatives shall, as soon as possible, take the necessary steps to develop the legislative work in a manner that promotes this Agreement. This shall include the bylaws of the Council and the participation of all of its members in its meetings, which require effective efforts on the part of all of its members so as to create conducive efforts for that. UNSMIL shall facilitate meetings between the House of Representatives and its boycotting members to this end by no later than 15 June 2015.

Article (54)
1. All parties shall commit to refraining from any action or decision that contradicts in any way the items of this Agreement. They shall also commit themselves to supporting this Agreement by all means possible.

2. All parties shall commit themselves to respecting the institutions that stem from this Agreement, including the Government of National Accord and the State Council. They shall pledge to support such institutions and not prejudice their independence or the competencies conferred on them.

Article (55)
Parties to the Agreement shall give extreme priority to the need to promote cooperation and coordination between the institutions that stem from this Agreement to enhance stability, security and national reconciliation until the Constitution has been adopted.

Article (56)
1. The House of Representatives and State Council shall commit themselves, two months before concluding the work of the Constitution Drafting Assembly, to establish a committee to work towards identifying the necessary draft laws for completing the transitional period, on top of which are the laws on referendum and general elections, and submit ideas on them. The Government of National Accord shall refer these draft laws to the House of Representatives for endorsement.

2. The House of Representatives and the State Council shall commit themselves to the promotion of cooperation and coordination between them so as to provide a suitable atmosphere for the conduct of the referendum on the Constitution and the general elections, as well as the peaceful devolution of power.

Article (57)
The Libyan Political Dialogue shall convene after it adopts this Agreement to follow up on its implementation. Any party to the Agreement shall have the right to request an urgent meeting to examine what it deems a severe breach to one of its items.

Article (58)
The Government of National Accord shall work towards accounting for and returning offshore Libyan funds. It shall utilise the necessary Libyan and international expertise to achieve that end.

Article (59)
The House of Representatives shall amend the Constitutional Declaration in accordance with the stipulations of this Agreement as per the legally stated procedures and based on the proposal on the amendment of the Constitutional Declaration attached to this Agreement.

Article (60)
All parties shall commit themselves to the principles of international legality, international human rights law and the international humanitarian law, and to exclude any person, who is under investigation by the International Criminal Court or who is included in the measures specified in SCR 2174, from any official position.

Article (61)
This Agreement shall enter into force once adopted and endorsed in its entirety by the Libyan Political Dialogue parties.

Annexes
1. Names of the Prime Minister, his two deputies and members of the government.
2. Priorities of the Government of National Accord
3. Proposal on the amendment of the Constitutional Declaration
4. …    [No further text]

 

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