Posting on his personal X account and through the official WhatsApp Media Group, the head of Libya’s Presidency Council, Mohamed Menfi, said it is necessary to resort to the will of the Libyan people in a free and fair referendum on the remaining points of contention in the draft electoral laws, completed by the 6+6 Committee, to move Libya forward.
Menfi said: ‘‘We appreciate the strenuous efforts of the Deputy Special Representative of the Secretary-General of the United Nations, which will culminate in the formation of an Advisory Committee for the United Nations mission (UNSMIL). We hope that it will enjoy balance, and its members will have the ability to be independent from pressures.
We call on the Libyan institutions emerging from the political agreement to “take heed” and evaluate the recommendations of the advisors of the United Nations mission to overcome obstacles towards holding general elections.
We continue to coordinate closely with the United Nations and its institutions, renewing our vision of the necessity of resorting to the (will of the) people in a free and fair referendum on the remaining points of contention in the draft electoral laws completed by the 6+6 Committee and moving forward’’.
Aldabaiba made similar call on 24 December Independence Day celebrations
It will be recalled that in his speech delivered on 24 December celebrating the 73rd anniversary of Libya’s independence from Italian colonial rule, Tripoli based Libyan prime minister, Abdel Hamid Aldabaiba, called for the adoption of a constitution that ends the current transitional stages and regulates political life.
Aldabaiba criticised the absence of the will of the people (the lack of elections and lapsed mandates) and the absence of the draft constitution and demanded that the draft constitution be put to a public referendum.
The Tripoli PM also called on politicians to assume their responsibility and respect the will of the people in choosing their leadership.
Comment: Libya is in a political quagmire
Menfi was referring to the heart of the matter that has led to the continuing political quagmire that Libya finds itself in today.
The 2011 Transitional Constitutional Declaration (TCD)
Libya arrived at a political consensus in the form of a Transitional Constitutional Declaration (TCD) during the 2011 Revolution that ended the 42-year Qaddafi regime.
TCD prescribes for a permanent constitution
The TCD deemed any Libyan government in the transitional period as interim governments – with limited mandates and powers. It called on these governments to organise elections, and the TCD, and its amendments, called on interim parliaments to draft a permanent constitution. These governments were then constitutionally obliged to hold a public referendum on this constitution and then hold an election based on this popularly approved permanent constitution.
The current draft constitution
The current interim parliament, the House of Representatives (HoR), has finally (with a rump of members) ‘‘approved’’ a constitution, but it has not been able to organise a referendum. This is because Libya is politically split between the west and east. The internationally recognised government is based in the West – in the capital Tripoli. This government is headed by Prime Minister Abdel Hamid Aldabaiba.
The HoR is boycotted by most of its 200 members
The internationally recognised HoR, in the east, is currently headed by Speaker Ageela Saleh and under the influence/control of military strongman, Khalifa Hafter. The political split of Libya means that the HoR is currently boycotted by most of its 200 members. Only a rump of about 25 to 50 members participates in the HoR’s sessions. This has raised questions about the issue of its quorums, and hence the legality / constitutionality of its deliberations and laws – including the draft constitution it has approved.
A ‘fixed’ draft constitution
Moreover, the details of the draft constitution approved by a rump of HoR members prescribes that HoR Speaker Saleh and Khalifa Hafter maintain their positions held prior to any elections if they were to lose in those elections. These are the ‘‘contentious points of the draft constitution’’ that Menfi is referring to.
A unified government – before or after the holding of elections?
Equally, Salah and Hafter want to form a new unified Libyan government before elections are held. Aldabaiba has rejected this – insisting that elections should be held first – based on a fair constitution.
Status quo forces refuse to give up power for elections
This has been Libya’s political impasse. The current political incumbents in both the west and east refuse to give up power. They continue to use various fig leaves to avoid elections – at the expense of the Libyan people.
Interim governments are weak
The problem is that interim governments and parliaments are inherently weak. They do not have the mandate or constitutionality to enforce the deep-rooted reform that is needed across the country.
This includes the economic reform needed to decentralise the inherited socialist, welfarist economy borne out of 42 years of Qaddafi rule. But it also needs social, security and political reform to enshrine a new social contract and the concepts and practices of democracy and citizenship.
A fully mandated government should also be better equipped to faceoff Libya’s militias and form unified police forces and armies.
Libyans must have right to vote on draft constitution through referendum: CDA | (libyaherald.com)
Amazigh Supreme Council boycotts planned referendum on draft constitution | (libyaherald.com)
HoR commences discussion of draft constitution and its referendum | (libyaherald.com)
CDA vote on draft constitution ruled invalid by Beida court | (libyaherald.com)
New draft constitution “gives everyone something and nobody everything” | (libyaherald.com)
Libya’s Draft Constitution – Overview | (libyaherald.com)
