On 4 October, the Speaker of Libya’s House of Representatives Aguila Saleh issued laws regulating presidential and parliamentary elections for both chambers, the House of Representatives and the Senate. Saleh had signed the legislation and referred it to the High National Elections Commission (HNEC), but the move was rejected by the High Council of State (HCS) in Tripoli.
Meanwhile, the UN and US urged the Libyan rivals to participate in an upcoming dialogue, which will soon be announced by Deputy Special Representative of the Secretary-General and Head of the UN Support Mission in Libya (UNSMIL) Abdoulaye Bathily.
Saleh’s seemingly unilateral move on electoral laws was criticised not only by the HCS but Bathily himself too. The former accused Saleh of introducing amendments to draft laws approved by the Joint Committee (6+6) on 3 June. It stated that the revisions contradict the 13th constitutional amendment adopted by the House of Representatives, and the Libyan Political Agreement signed in Skhirat.
HCS President Mohamed Takala called on those involved in the political process to continue with dialogue, in order to reach a consensus on controversial issues in draft laws and other aspects of the UN-sponsored settlement process.
Bathily censured House Speaker Saleh for not sending him a copy of the electoral laws before they were approved, as agreed at meetings held in Benghazi and Al-Qubba.
With the exception of Seif Al-Islam Gaddafi and a number of Saleh’s supporters, reactions to the adoption of these electoral laws were unexpected. Parties in western Libya rejected the legislation, including political and social actors, while international powers interested in Libya have said nothing – except for the UN and US.
On Friday, UNSMIL confirmed receiving a copy of the electoral laws sent by Saleh. In a statement, it reiterated its respect for the sovereignty of Libyan institutions and the principle of national ownership of any political solutions. However, it stressed “these solutions should be viable and reached by consensus to ensure a smooth electoral process that establishes a sustainable peace and stability in Libya.” This means the laws require broader approval by major parties in the country.
UNSMIL also restated its commitment to work with all Libyan actors to reach compromise solutions, including forming a unity government. It noted that, in consultation with relevant authorities, it will review the electoral laws to assess whether they can be implemented and give an opinion – namely expected amendments – that will be shared with all Libyans.
Commenting on the controversy over the electoral laws, US Special Envoy to Libya Richard Norland urged the House of Representatives, the HCS, and the interim national unity government to participate in the talks Bathily is preparing for the next phase. Norland stressed the need for all Libyan actors to engage in these discussions “without imposing certain parties”, and the UN is willing to play a positive role.
In a news briefing via Zoom on 5 October, Norland said Bathily proposed positive ideas and reoffered a platform for negotiations that gathers all parties in the hope of making progress towards holding elections. He added that the need for reconstruction in areas devastated by floods in eastern Libya runs parallel to the need to unify political efforts and directly focus on the electoral law.
The US diplomat said he is open to the formation of a new government, as promoted by Libyan parties who lost in the previous UN process and are eager to overhaul the executive authority, including the Presidential Council and cabinet. This move would indefinitely postpone elections, which would dash the hopes of the UN, the US and Western powers.
On Sunday, the head of the HCS Mohamed Takala met with HNEC Chairman Emad Al-Sayeh to convey the council’s position on the electoral laws issued by Saleh and the latter’s refusal of any amendments. Takala urged HNEC to remain neutral and not to recognise any laws until they are approved by both chambers. Al-Sayeh noted that electoral laws “require consensus in order to be implemented and acted upon,” according to the Facebook page of HCS’s media office.
The HCS was not alone in objecting to the process through which Saleh issued the electoral laws. The Amazighs, as well as several presidential and legislative candidates also rejected the move because it overturns the process that HNEC started in November and December 2021, according to House Representative Salha Fhima from Al-Sada Bay.
Electoral laws provide all Libyans with the opportunity to run in presidential elections, including Seif Al-Islam Gaddafi who is being prosecuted inside and outside Libya, as well as the commander of the Libyan National Army Field Marshal Khalifa Haftar, who holds dual US citizenship. Haftar would have to renounce his US citizenship if there is a run-off, according to the law.
Although these clauses will enable most active players to run in the presidential race in Libya, they also contain texts that prevent holding elections because of the multitude of authorities required to oversee the elections, and dividing the decision on the dates of elections among the government, House of Representatives, and HNEC. They would never be able to come through, despite open and full support from the US and Western powers.
The new version of the law does not specify who is responsible for setting the voting dates, and tethers the process to other political and legal steps and procedures inside and outside Libya. These include the requirement to form a new government, dual nationals proving they have relinquished their other citizenship if they reach the second round, and the annulment of all election arrangements, including the 13th constitutional amendment. This means these laws would take the country back to square one.
Meanwhile, the security and political situation in Libya does not allow for holding presidential and legislative elections, which Western powers hope would replace current leaders who are holding onto their seats and show no sign of loosening their grip.
* A version of this article appears in print in the 12 October, 2023 edition of Al-Ahram Weekly
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