Al-Majbari Calls on the Supreme Court to Take Action Against GNA-Turkey Maritime Agreement – Al Marsad

BREAKING: Boycotting Presidential Council member, Fathi al-Majbari, issued a strongly-worded statement on Saturday regarding the Maritime Borders Demarcation MOU announced last week in Istanbul between the President of the Presidential Council, Fayez al-Sarraj, and Turkish President Recep Tayeb Erdogan. He calls on the Supreme Court to take action against the agreement. 

[Libya, 30 November 2019] – Al Marsad obtained a copy of the statement in which Al-Majbari stated that he categorically rejects the aforementioned agreement, which he said was concluded in the name of Libya in violation of all laws and in contravention with the provisions of the Skhirat Libyan Political Agreement (LPA) from which the Presidential Council of the Government of National Accord is derived. The LPA states that the Presidential Council’s resolutions are taken collectively, and this is applicable to the issue of concluding treaties and agreements.

The statement by Fathi al-Majbari accused Fayez al-Sarraj of abusing the international recognition of the UN-appointed Government of National Accord.

Al Marsad publishes below an exclusive English translation of the statement:


I have followed with special interest the official statements issued by the Government of National Accord regarding the signing of a Memorandum of Understanding in the name of Libya with Turkey, and in this regard I would like to emphasize the following:

1) This step by Fayez al-Sarraj, who solely monopolizes the decisions of the Presidential  Council in Tripoli, represents another breach of the Libyan Political Agreement, which only authorizes the Presidential Council collectively, after gaining the vote of confidence from the Libyan House of Representatives, to negotiate and conclude treaties, agreements, and memoranda provided that they are submitted as  bills before the elected Parliament for approval, ratification, and promulgation in accordance with articles 8 and 14 of the Libyan Political Agreement.

2) Fayez Al-Sarraj cannot constitutionally, legally or politically represent Libya, except in accordance with the Libyan Political Agreement. This diplomatic and protocol representation does not rise to the point of taking decisions or concluding agreements individually without adhering to the mechanisms specified in the same Libyan Political Agreement.

3) We reiterate our rejection of the abusive exploitation by al-Sarraj of the international recognition of the Skhirat Libyan Political Agreement. The insistence of Fayez al-Sarraj to continue this approach prior to the convening of the Berlin Conference on Libya confirms to all stakeholders, on both the national and international levels, that he is no longer legible to be present, or represented, in any prospective political solution to the Libyan conflict.

4) We warn of this serious breach of the Libyan Poltical Agreement and ignoring its mechanisms and procedures of decision-making by the Presidential Council which have taken a serious international trend in which the President of the Presidential Council is entangling Libya and its people in crises with their neighbouring countries and regional geopolitical strategic sphere. Involving Libya in regional political polarization is certainly against the high interests of Libya and the Libyan people.

5) We hereby affirm our firm rejection of the Presidential Council’s attempts to institutionalize the flagrant and dangerous Turkish intervention in Libyan internal affairs, and to legitimize its dubious activities in support of terrorism under the insignia of a Memorandum of Understanding. All Libyans fully understand such illicit schemes.

6) We have embarked, using our legal and political tools, on efforts to abort and invalidate these breaches by Fayez al-Sarraj. We highly appreciate in this context the positions taken by the Arab Republic of Egypt and the Republic Greece, in which both countries stressed the voidness to individually sign such treaties by al-Sarraj in contravention with the Constitutional Declaration and the Libyan Political Agreement. We look forward for similar positions by the regional and international organizations, particularly after the suspicious silence of the UN Support Mission in Libya and its Head vis-a-vis this flagrant breach, which inevitably resulted from the legitimization of the UNSMIL for the repeated violations of the Libyan Political Agreement by Fayez al-Sarraj.

I call upon the Law Department of the Ministry of Justice and the Constitutional Chamber of the Libyan Supreme Court to clarify their position on this grave infringement  on Libya’s sovereignty and its laws, and renew the call for all Libyans to join forces to end this dark era, in which Al-Sarraj has succeeded in turning the Libyan Political Agreement and its emanating bodies into a national and regional disaster that must be eradicated immediately.

Dr. Fathi Al-Majbari

Vice-Chairman of the Presidential Council of the Government of National Accord

Issued on 30 November 2019

© Al Marsad English (2019)