Ihya Libya to Guterres: Another Unelected Government Contravenes UN Charter – Al Marsad

Dr Aref Ali Nayed, the Chairman of the Ihya Libya (Reviving Libya), addressed a letter to the Secretary-General of the United Nations, António Guterres, concerning the Libya-Libyan dialogues facilitated by the United Nations Support Mission to Libya (UNSMIL) in several countries. Nayed proposed that the UNSMIL-facilitated ‘Libyan Dialogue’ should return to the only true source of legitimacy, namely the sovereign choice of the Libyan people, as per the principle of self-determination enshrined in the UN Charter rather than creating yet another unelected government.

(Libya, 12 October 2020) – “Presidential and/or Parliamentarian elections to which the Libyan people are most solemnly and urgently entitled can only be conducted on a solid constitutional basis agreed to by the Libyan people. Since there is currently no consensus on such a constitutional basis, and to avoid dangerous disagreements and fragmentations, we propose that the UN organizes and monitors a nation-wide Referendum,” added the Chairman of Ihya Libya.

He considered that such “a ‘Libyan Foundational Referendum’ (LFR) can use ‘Ranked-Choice Voting’ to ask Libyan citizens to each rank their preferences amongst Libya’s five historical foundational documents as options“, namely:

(1) The Constitution of 1951.
(2) The Constitution of 1951, as amended in 1963.
(3) The Declaration of People’s Authority of 1977.
(4) The Constitutional Declaration of 2011, with February Committee Outputs, and Decree 5/2014.
(5) The Constitutional Draft of 2017.

“Presidential and/or Parliamentarian elections can then be held on the basis ranked highest by the Libyan people, within 3 months of the announcement of the Referendum results,” argued Nayed.

He went on to indicate that the “Elections Commission has been ready to conduct Referenda and Elections for many months, but has been deliberately deprived of funds. To avoid such monitory manipulation, the UN can temporarily fund the Referendum and Elections, on the understanding that the funds will be returned after a proper government of Libya takes office.
“As for the security of the Referendum and then Elections, each of the GNA and LNA can protect voting in areas currently under their respective control, with UN monitoring,” assured Nayed.

In this way, Nayed added, “The Libyan people can thus freely choose their constitutional basis in around 3 months’ time, and then choose their leadership in another 3 months’ time. Libya can then have a truly legitimate government, with both local and international legitimacy within no more than 6 months. The ‘sui generis’ situation in which Libya has been forcibly put since 2011 can then rightly end. The abuse of the ‘status quo’ ruling class can then also end.”

“Frankly, for the Libyan people to be forced to submit to another unelected ‘transitional’ or ‘preparatory’ government, that may repeat the GNA’s overstaying by multiple years, is unfair and violates the very basic principles of the UN Charter“, said Nayed.

Concluding his letter to the UN Secretary-General, Nayed submitted that “No ‘Libyan Dialogue’ can provide authentic local legitimacy. The best task for such ‘Libyan Dialogue’ is to organize a Foundational Referendum soonest, with the facilitation and support of the UNSMIL, the UN Security Council, and all UN Member States. This is the best way to implement the outcomes of the Berlin conference, and to give Libyans their sovereignty back,” as he put it.

© Al Marsad English (2020)


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