Libya’s Presidency Council issued three decrees last Tuesday (29 April), which it described as a ‘‘National Rescue Plan’’. It said its decreed are based on the Constitutional Declaration which gives it the right to legislate and issue laws.
The three decrees are meant to be part of the first package of 12 Presidency Council decrees to be launched at a later date as part of the so-called National Rescue Plan.
The three decrees include the promulgation of the law on the safeguarding, unity and independence of the judiciary, the activation of the national reconciliation process, and the activation of the process of direct resort to the people’s self-determination.
Decree 1: Supreme Constitutional Court
The Presidency Council issued decree 1/2025 to stop the effects of Law No. 5 of 2023 issued by the House of Representatives, regarding the suspension of the establishment of a Supreme Constitutional Court.
Decree 2: National Reconciliation
The Presidency Council also issued a decree 2/2025 on the election of the General Conference for National Reconciliation, in which each municipality shall have a member of the National Reconciliation, which consists of members elected from all municipalities in Libya.
Decree 3: National Referendum and Information Commission
The third Presidency Council decree (3/2025) provided for the creation of a National Referendum and Information Commission, headed by Othman Gajiji, with 11 other members.
Presidency Council member Abdullah al-Lafi opposes the decrees
Meanwhile, Presidency Council, Abdullah al-Lafi, expressed his objection to the Presidency decrees, arguing that the decrees require a collective decision of the Presidency Council. Al-Lafi explained in a post on his Facebook account that the decrees do not represent the Presidency Council collectively, and do not have a constitutional or legal effect.
A precedent: The August 2024 Central Bank of Libya Presidency Council decree
It will be recalled that the Presidency Council had first used its controversial and contested power of decree in August 2024. It had issued a unanimous decision to suspend Resolution No. 3/2018 assigning Mohamed Al-Shukri as Governor of the Central Bank of Libya (CBL), and to re-form a new Board of Directors for the CBL. It had described at the time the move as assuming national responsibility in order to preserve the country’s capabilities and prevent it from being exposed to any damage.
But a positive outcome..
The decision of the Presidency Council resulted in the consensus appointment of a new CBL Board of Directors headed by Governor Naji Issa, and his Deputy, Marei al-Barassi, and the unification of the CBL.
Status quo and political quagmire resisting elections
The decrees, and the idea of the use of decrees by the Presidency Council, is an attempt to force Libya out of its political quagmire. It is an attempt to break the status quo favoured by Khalifa Hafter, the Speaker of the House of Representatives and his minority rump, and various power centres, including militias, prospering from Libya’s stagnant political status quo. It is a minority that seeks to avoids elections, and hence change, at any cost. A minority that is holding Libya back from real development and progress.
The Grand Mufti supports the decrees
Meanwhile, the Grand Mufti of Libya, Sadig al-Ghariani, announced in a video recording his support for the Presidency Council decrees. He rejected those from inside and outside who bypassed them, pointing out that the UN mission does not want to hold elections in Libya.
Commenting about the move, UNSMIL and the U.S. Special Envoy to Libya, Richard Norland, have warned against unilateral actions.
