When the General National Congress issued a decision to extend its mandate for another year at the end of 2013, the Libyan people went to the streets to respond with a definitive “no” to an extension of the congress and government. A number of initiatives have emerged to resolve the newly created crisis.
When the General National Congress issued a decision to extend its mandate for another year at the end of 2013, the Libyan people went to the streets to respond with a definitive “no” to an extension of the congress and government. A number of initiatives have emerged to resolve the newly created crisis.
The political Libyan landscape, in this transitional period, was characterized by the frequent use of the term “road map” and the “withdrawal of confidence from the interim government” headed by Prime Minister Ali Zeidan. Several demonstrations demanded the overthrow of the interim government and an end to the GNC’s term in February 2014.
Considered the highest legislative body in Libya, the GNC was elected in July 2012 and it assumed its powers in August of the same year. Its main task was to draft the future Constitution of the country and to prepare for the general elections within a period of 18 months, according to the constitutional declaration issued by the Transitional National Council, the ruling party during the February 17, 2011 revolution.
According to this schedule, the congressional term ends in February 2014. However, on December 23, 2013, the national congress voted in favour of a proposal submitted by the Road Map Committee for the transitional period, by 102 votes out of 126 MPs who attended the session, which stipulates that the congress mandate shall end in December 2014 and on that date, it shall hand over power to any other elected legislative body.
The extension decision
Mohammed Ammari, a member of the GNC and the Roadmap Committee said: “The Roadmap Committee submitted to the congress a draft containing all initiatives that were submitted by all parties such as civil society organizations and the political elites of the country with whom the committee communicated.”
He stressed that the committee refuted, with evidence -based on communications with the High Commission for the Election of the Constituent Committee for the Drafting of the Constitution- that the congress would seize to exist on February 7. He noted that the congress considers everything stipulated in the constitutional declaration has no binding timeframes.
Ammari added that the committee proposed a road map and organized in a clear timetable the remaining work of the congress, so as to finalize its job on December 24, 2014. The congress had in principle voted on this timetable and gave its initial approval because “the memorandum contained a study of all the initiatives on the one hand, and the responses on these initiatives on the other”.
He pointed out that the initial approval depended on the ability of the committee to suggest a number of reforms in the work of the congress in order to continue to be present in its remaining period as well as to wait for the finalization of the work of the constitution’s constituent commission, the preparation for the general elections, the conduction of the general parliamentary or presidential elections and the handing over of power to a legitimate elected body.
The road map
Fawzi Frag El-Agab, the head of the GNC’s Roadmap Committee, said: “The committee has received a number of initiatives reaching 13 and these have led to six ideas addressing three key points: the time frame of the transitional phase, the alternative institutional framework, and the constitutional framework, which is linked with the organizing legislation.”
Based on this, the head of the Committee submitted a final roadmap which contains three points. First, the issuance of the referendum law by August 2014, second, re-assigning the Supreme National Commission for Elections until December 24, 2014; third, the issuance of the General Elections Law.
The people have spoken
This decision, which the members of congress defend, was met with demonstrations launched by several Libyan cities in the eastern and western parts of the country, under the slogan “No to extension” for the National Congress’s mandate for another year and “No for the postponement of the drafting of the constitution and the holding of elections.”
The cities of Benghazi and Tripoli have had the largest share of these demonstrations. Organizers of demonstrations went to the streets carrying brooms and chanting slogans demanding the departure of the National Congress at the end of its original term which according to demonstrators ends on the seventh of February this year.
Civil society organizations too have been active in a number of the Libyan cities and held discussion sessions with the participation of politicians, lawyers and human rights activists some of whom were supporters of the extensions, while others have opposed it. Moreover, there were those who accepted the extension but under certain conditions and terms.
Initiatives for solutions
A number of officials and public figures have launched several initiatives in this regard, such as the initiative launched by the head of the national forces’ coalition Mahmoud Jibril. In his initiative, Jibril refused the “extension of the mandate of the National Congress” and suggested the formation of a national salvation government and the adoption of a revised version of the 1951 constitution.
For its part, the Justice and Development Party emphasized in its initiative on the need to keep the National Congress and improve its performance because it is the only elected and legitimate body “in spite of the weakness of its performance.” It said that “any change should be introduced through the congress,” but it said that confidence should be withdrawn from the interim government. It also added that national qualified figure should be assigned to immediately form a new government.
Mustafa Abdul Jalil, the former head of the National Transitional Council, launched the “reconciliation and national dialogue” initiative, but many said that this initiative came too late. In his initiative he suggested two options for the GNC: first, it should form a supreme state council composed of the head of the supreme court, the general commander of the Libyan army and four members of the GNC to be chosen according to their ages from the east, west and south and an older member to represent the different cultural components. If they do not accept this choice, they may choose any person they deem appropriate and who fits within the same classification “.
The head of the freedoms and human rights council should also be present in this council because of his importance at this phase in the files of the displaced people, the national reconciliation and transitional justice. The general secretary and the official spokesman position of the council should go to the older woman in the national congress. If she does not accept the post, she shall have the right to select another woman from among her colleagues. It is also important to create a new post under the name of the Libyan Army Commander in Chief to combine the powers of the Defence Minister and the Chief of Stafff.
A conditional continuation
The other option is to let the national congress continue while specifying its tasks, the period of its work, the powers of its president (which shall not be executive powers) and on the conditions that the president concedes his executive powers to a technocrat government including the diplomatic corps’ affairs and the appointment of the Army Commander in Chief.”
Abdul Jalil explained his vision of the time frame saying that he envisions a period of three months for the preparation of the constitution, two months for the referendum, and one month to re-examine it if it does not reach the quorum.” He added that this six-month period should go hand in hand with the reformation of the Commission, and the preparation of the election law, in line with what you 60-member national committee’s vision and this is how Libya is going to be ruled in the future.
In a statement made on the national Libyan channel, Abdul Jalil said: “The extension of the congress’s term after the seventh of February with its current powers would lead to confrontations and clashes with parties looking for settling partisan, sectarian and tribal accounts.”
He considered that there is a consensus and everybody agrees that the government has failed. Moreover, everybody agrees that “ruling the country by the 60-member national committee will not allow it to draft the constitution. Moreover, Libya is not suffering from political vacuum in order to entrust its leadership to the President of the Supreme Court.
Failure to vote
Voices coming from within the national congress and from outside of it, calling for the withdrawal of confidence and there were protests organized in front of the congress’s premises demanding the withdrawal of confidence from the government which is accused of “failure in imposing security and in dissolving armed formations, as well as its failure in ending centralization,” according to slogans chanted by demonstrators.
Until now, the National Congress is still discussing in a number of its session the memorandum submitted by 72 members and which proposed the withdrawal of confidence from the government of Ali Zeidan, but until this minute, it hasn’t been able to take a decisive decision regarding this issue.
The disagreement between the different political blocs, during discussions taking place under the dome of the congress, is that some blocs are demanding the withdrawal of confidence directly while others want to question the government first and then approve or reject the withdrawal of confidence from it.
A reform attempt
In a press conference, interim Prime Minister Ali Zeidan said that he did not join the government because he likes to hold high-ranking positions nor did he do so to enjoy the privileges of such posts. “I accepted the post to provide a service for the country which is undergoing very difficult conditions and everybody knows it. The government is an incinerator for everyone who joins it and whoever dares to do so will not come out of it unscathed.”
Zeidan announced that in compensating for the lost time there would be an important ministerial reshuffle because a number of ministers did not want to continue. He promised to name the new ministers this week, among them is the Interior Minister and the Minister of Local Government. The selection of ministers will not be based on their party affiliations and they will be technocrats, he claimed.
