UNSMIL publishes Libya’s ”Preparatory Phase Roadmap”

By Sami Zaptia.

London, 19 November 2020:

UNSMIL has published Libya’s political ”Roadmap for the Preparatory Phase of a Comprehensive Solution” guiding the ongoing 75-member Libya Political Dialogue Forum (LPDF) talks that ended their face-to-face phase in Tunis 19-15 November. The talks will resume virtually on 23 November.

The detailed document underlines that any new roadmap would be within the 2015 Skhirat Libyan Political Agreement and Libya’s 2011 Transitional Constitutional Declaration and its amendments. The outcomes of the LPDF combined shall be considered as one package after completion. The outcomes of the LPDF combined shall be considered an added agreement to the Libyan Political Agreement as incorporated in the constitutional framework.

The LPDF shall agree on only the necessary rules that govern the political process during the Preparatory Phase. These rules shall be a temporary legal measure. Its provisions should not be considered a principle or an established custom.

The Roadmap aims to re-establish legitimacy to Libya’s political bodies through the holding of constitutionally based elections on 24 December 2021.

It insists any new election results must be respected and dealing selectively with the texts of legislation to obstruct progress of the Roadmap shall not be permissible. The needed constitutional arrangements needed for holding elections need to be completed within a period not exceeding 60 days, otherwise the LPDF would takeover and decide on these arrangements.

The representation of women shall be no less than 30 percent of leadership positions of the Government (ministers or deputies).

Immediately from the date of granting confidence to the new Government of National Unity (GNU) and without further actions, the full powers of the executive authority shall transfer to the new Presidency Council and Government of National Unity, as per the prerogatives defined by the LPDF. All existing executive powers shall expire upon granting confidence to the new government.

The executive authority shall manage the foreign policy of the Libyan state in a manner that maintains friendly and peaceful relations with regional and international partners in accordance with the rules of good neighbourliness and mutual interests.

It adds that during the Preparatory Phase, the executive authority shall not consider any new or previous agreements or decisions that harm the stability of foreign relations of the Libyan State or impose long-term obligations on it.

Here is the full Roadmap as published by UNSMIL:

Roadmap

“For the Preparatory Phase of a Comprehensive Solution”

Based on United Nations Security Council Resolution 2510 (2020), which adopts the conclusions
of the Berlin Conference held in January 2020, which in turn calls for the creation of a Presidency
Council and an effective and unified Government of National Unity in order to pave the way for
ending the transitional period through free, transparent and credible presidential and parliamentary
elections;

Building on the Libyan Political Agreement as a general framework for the political solution, and
on the Constitutional Declaration and its amendments; and based on Article 64 of the Libyan
Political Agreement;

In response to the popular demands expressed in the extensive consultative meetings that involved
multiple segments from Libyan society and various political stakeholders;
Discussions of the Libyan Political Dialogue Forum (LPDF) started in Tunis on 9 November 2020
under the auspices of UNSMIL;

After positive consultations and discussions, the participants of the LPDF agreed to resolve the
current political deadlock by resuming the political process aiming at holding presidential and
parliamentary elections as soon as possible, taking into account the need for serious and adequate
preparation, unification of institutions and provision of basic services to citizens.
This political process shall be called the “Preparatory Phase for a Comprehensive Solution”
and its aspects shall be defined as in the following articles:

Article 1/ Objectives of Roadmap

1. The overarching objective of the Preparatory Phase is to strengthen the political
   legitimacy through presidential and parliamentary elections on a constitutional basis.
   2. Forming a new executive authority to create the necessary conditions and circumstances
   conducive for elections by addressing the following issues:
   2.1. Establishing the national sovereignty over the entire Libyan territory and end the
   foreign presence;
   2.2. Providing security for the citizens and end the state of armed conflicts,
   2.3.Unifying state institutions and liberating national sovereign decisions from any
   material coercion or moral internal or external influence
   2.4.Improving services and economic performance developing the work of state
   institutions and the good governance of public resources;
   2.5.Enabling local institutions and municipalities to carry out their duties;
   2.6.Combating corruption and squandering of public money;
   2.7.Protecting and promoting human rights;
   2.8.Address the issue of the administrative numbers, according to the Libyan legislation
   in force and to international agreements and conventions ratified by the State;

2.9. Launching a comprehensive national reconciliation process based on the principles of transitional justice and promoting the culture of amnesty and tolerance in parallel with truth-seeking and reparation.

Article 2/ Governing Principles of the Roadmap

1. This road map shall adhere to the governing principles of the Libyan Political Agreement;
2. This road map shall emphasize full equality of all citizens, men and women, in rights and responsibilities of citizenship as per the Constitutional Declaration and international conventions ratified by the Libyan State. All authorities shall protect these rights and obligations.
3. This road map shall emphasize that democratic means ought to be invoked in the management of political competition; the rejection to resort to violence; the acceptance by all of the principle of peaceful transfer of power, and commitment to the rules of integrity and transparency in elections, and acknowledge the results of elections.

Article 3 / Timeframe towards General Elections:

1. The “Preparatory Phase for a Comprehensive Solution” shall begin from the declaration of the outcomes of the Libyan Political Dialogue Forum held in Tunis in November 2020.
2. The “Preparatory Phase for a Comprehensive Solution” shall end with the holding of presidential and parliamentary elections – in accordance with the constitutional process – on 24 December 2021.
3. The LPDF shall follow up on the progress of issues of the Preparatory Phase according to the specified dates.

Article 4 / Deadlines and rules governing the Roadmap:

Implementation of the Roadmap, the decisions and necessary measures shall be a joint responsibility of all state institutions and political actors. Dealing selectively with the texts of legislation to obstruct progress of the Roadmap shall not be permissible. The Roadmap for the Preparatory Phase shall be implemented according to the established rules and schedule.

1. Constitutional and Legal Framework of the Electoral Process:
2. The institutions concerned with the constitutional process shall agree to accomplish the constitutional arrangements within a period not exceeding 60 days from the beginning of the Preparatory Phase.
3. The LPDF shall set up a Legal Committee to follow-up on the progress in the constitutional process. The LPDF shall define the structure and functions of the Legal Committee.
4. In the event of expiration of the period specified in paragraph 1 of this Article without achieving the required result, it is for the LPDF to decide on the progress of the constitutional process and the legislation needed for the achieving the elections
5. Sovereign Institutions and bodies relevant for the Electoral Process:
6. The executive authority shall commit to providing prompt financial support and fulfilling the necessary logistical and security conditions for the High National Elections Commission (HNEC) and state institutions concerned with electoral process, to enable carrying out their duties in the best way possible.
7. The House of Representatives and the High Council of State shall agree on the sovereign positions provided for in Article 15 of the Libyan Political Agreement within a period not exceeding 60 days from the start of the Preparatory Phase. In their agreement, the two Councils shall respect the complete independence of the judicial authority and its selection rules in accordance with the legislation in force and international standards for independence of the judiciary.
8. Commitments and Deadlines
9. All state institutions shall work to fulfill their obligations on schedule. They shall be held accountable for their work before the Libyan people, and their work shall be monitored by the LPDF.
10. In the event that the required decisions cannot be issued within the specified deadlines, these decisions shall be referred to the LPDF to take action.
11. The LPDF shall meet periodically during the Preparatory Phase. Its meetings shall be facilitated and supported by UNSMIL.
12. Should the need arise, the LPDF shall convene upon a proposal of 25 its members or upon an invitation by UNSMIL.

Article 5/ Structure of the Executive Authority during the Preparatory Phase

1. The executive authority shall consist of the Presidency Council and the Government of National Unity. The LPDF shall define their respective prerogatives.
2. The Presidency Council shall consist of a president and two deputies in accordance with the geographical balance/three regions.
3. The Government of National Unity shall consist of the Prime Minister, two deputies and a number of ministers.
4. The Presidency Council and Presidency of the Government of National Unity shall be selected according to a mechanism agreed upon by the LPDF.
5. The LPDF shall determine the decision-making mechanism within the Presidency Council.
6. In the formation of the Government of National Unity, competency, merit, and fair representation of the political and geographic diversity shall be taken into account; participation of cultural components shall be guaranteed, and the importance of real representation of women and youth shall also be taken into consideration. The representation of women shall be no less than 30% of leadership positions of the Government (ministers or deputies).
7. Immediately from the date of granting confidence to the government and without further actions, the full powers of the executive authority shall transfer to the new Presidency Council and Government of National Unity, as per the prerogatives defined by the LPDF. All existing executive powers shall expire upon granting confidence to the new government.

Article 6: Priorities of the Executive Authority during the Preparatory Phase

1. The executive authority shall complete the administrative, financial and security procedures necessary for the success of the elections through confidence-building measures, including rehabilitation and regulating of the media sector in a manner that preserves the national social fabric and creates general de-escalation.
2. Once there is agreement on the executive bodies, the process of national and social reconciliation shall be launched to address the impacts of various conflicts ranging from ending arbitrary arrest , forced disappearance, release of the prisoners of opinion and of those who have been arbitrarily detained;; to work for the voluntary and safe return of displaced persons inside and outside the country; and reparations for damages without prejudice to the right to litigation.
3. The executive authority shall promote human rights, positive cooperation with the judicial institutions, law enforcement agencies, national and international protection mechanisms and civil society organizations.
4. All public institutions and facilities shall be harnessed to serve all Libyans.
5. The executive authority shall commit to strengthening local governance and administrative decentralization through the comprehensive development of relevant Libyan legislation.
6. The executive authority shall ensure the good management of public expenditures, and that the principles of financial responsibility and transparency are adhered to.
7. The executive authority shall combat corruption and ensure effective cooperation with oversight bodies.
8. The executive authority shall support the Civil Society Commission to perform its functions and remove the obstacles and restrictions on the work of civil society institutions without prejudice to public order. The executive authority shall also take the necessary measures to ensure respect for civil and political rights and shall ensure their regulation in a manner that ensures freedom of expression and political organization and action.
9. The executive authority shall manage the foreign policy of the Libyan state in a manner that maintains friendly and peaceful relations with regional and international partners in accordance with the rules of good neighborliness and mutual interests.
10. During the Preparatory Phase, the executive authority shall not consider any new or previous agreements or decisions that harm the stability of foreign relations of the Libyan State or impose long-term obligations on it.

Article 7/ Legal Framework of Roadmap

1. The Roadmap is an essential part and a general framework of the outcomes of the LPDF and the Preparatory Phase for a comprehensive solution.
2. The outcomes of the LPDF combined shall be considered as one package after completion.
3. The outcomes of the LPDF combined shall be considered an added agreement to the Libyan Political Agreement signed in 2015 as incorporated in the constitutional framework.
4. The LPDF shall agree on only the necessary rules that govern the political process during the Preparatory Phase. These rules shall be a temporary legal measure. Its provisions should not be considered a principle or an established custom.

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