Political Organizations Warn UNSMIL Against Legislative and Political Chaos if Constitutional Declaration Disregarded – Al Marsad

Several national political organizations and blocs issued a joint statement on the Libyan Political Dialogue Forum (LPDF) organized by the United Nations Support Mission in Libya (UNSMIL).

(Libya, 3 December 2020) – In a joint statement issued today by the Civil Democratic Bloc, Ihya Libya (Reviving Libya) Bloc, the Centre Youth Movement, the August 23 HIMT Youth Movement, the Modern Libya Organization Movement in the United States of America, the Libyan National Movement, and the Libyan American Group, they confirmed they have been following up the UNSMIL-sponsored political dialogue sessions.

 

They expressed “their concern over the content of the opening remarks by the Acting Special Representative of the UN Secretary-General (ASRSG) and Head of the UNSMIL at the session on Wednesday, December 2, 2020” confirming “their keenness on reaching a political solution that alleviate the daily suffering of the Libyan people, restores national sovereignty, end any foreign political or military hegemony over the country, and charts a viable path for a democratic, civil state in which Libyans enjoy security and stability as equal partners.” The signatories to the statement also supported setting a date for general elections In December 2021.

These bodies also expressed their satisfaction with the outcomes of the military security agreement concluded in Geneva by the 5+5 Joint Military Committee (JMC), stressing “the need for all stakeholders to remain committed to implementing the agreement” and “to observe the constitutional provisions in force represented in the Interim Constitutional Declaration.”

In this regard, they expressed concern over some sections of the Roadmap “For the Preparatory Phase of a Comprehensive Solution” presented to the members of the Libyan Political Dialogue (LPDF), especially the following points:

1. The roadmap considered, wrongly though, the Skhirat Agreement, which is not a constitutionally-incorporated document, the prime constitutional reference prior to the Constitutional Declaration thus rendering it, argumentum a contrario, as the basic legal framework. The roadmap document tried to put forth political legitimacy as an alternative to constitutional legitimacy, stipulating the adherence to the “governing principles” contained in the Skhirat Agreement, a document that remains controversial and unfit for the current phase.

2. In its search for a constitutional base for the upcoming general elections, the road mapdocument disregarded the constitutional rule contained in the Seventh Amendment to the Constitutional Declaration, which includes the February Committee recommendations. It also excluded Decree No. 5/2014 adopted by the House of Representatives (HoR) on the direct election of the head of state by the people.

3. The roadmap document referred to the “institutions concerned with the constitutional process” as a constitutional base for elections without specifying them. The multiplicity of such institutions would make their agreement to “accomplish the constitutional arrangements” within 60 days a problematic task, failing which, the LPDF would undertake this task without a specific time frame.

The statement called for the “need for adopting a transparent mechanism to agree on the document, review it, and avoid its slips. This is particularly the case regarding restoring the importance of the Constitutional Declaration as an interim constitution for the country that forms the legitimacy of the legislative, executive, and judicial authorities.”

In conclusion, the seven political organizations called for “averting the repercussions of failure to achieve the objectives of the political dialogue and the success of the preparatory phase and warn against relegating it to legislative and political chaos.”

© AlMarsad English (2020)

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