The founding body of the draft constitution entered into a sharp clash with the United Nations mission in Libya after the latter announced the formation of a legal committee to agree on the constitutional arrangements leading to the elections, while on the other hand, disputes between members of the Libyan Parliament over the new presidency escalated.
The UN mission in Libya has formed a legal committee of 18 members from among the members of the political dialogue, with the aim of following up the constitutional committee formed by the House of Representatives meeting in Tobruk and the State Council in Tripoli, and to make recommendations on the constitutional path.
Cairo, under UN sponsorship, previously hosted the first round of the constitutional track meeting in Libya with the participation of the delegations of representatives and the state, where the attendees agreed on the need to end the transitional phase, and they discussed the possibility of a referendum on the current draft constitution or not.
The UN mission at the Egypt meeting urged the Libyan parties to come out with a legal agreement that would guarantee consensual constitutional arrangements that would allow the implementation of the comprehensive political agreement.
The Constitutional Assembly elected in February 2014 completed the Libyan constitution draft on July 29, 2017 in the eastern city of Al-Bayda, but the parliament did not succeed in ratifying the draft constitution to present it to the people for a referendum.
On the other hand, the meeting of the members of the House of Representatives stalled after members loyal to Aqila Saleh refused to change the presidency of the parliament before choosing a president for the Presidential Council, the candidate for whom Aqeelah Salih was nominated, whom his opponents accuse of having obstructed the submission of the draft constitution for ratification within the House of Representatives, and enabling the people to vote on it.
The cause of the crisis
Member of the constitutional draft constitution Salem Kashlaf believes that one of the causes of the crisis is the UN mission that is trying to amend some provisions of the draft constitution, which was completed by an elected body delegated by the people and committed to the constitutional declaration and decisions of the Supreme Court, which is the highest judicial authority, which said explicitly, “No punished for Actions of the Constitutional Commission only by the people through a general referendum.
Kashlaf continues, “The Constitutional Commission tried to communicate with the mission and is working according to the constitutional declaration and abiding by the decisions of the Supreme Court, but the UN mission did not respond to the correspondence of the head of the Constitutional Commission, and did not communicate with its members, although the head of the United Nations Mission to Support Libya, Stephanie Williams, declares that she is in contact with the Commission.” The constitution, and it is itself closed to the Constitutional Commission, and is not bound by Security Council resolutions that stipulate the mission’s support for the constitutional process. “
In his statement to Al-Jazeera Net, Kashlaf states that the position of the Constitutional Commission was clear not to amend any letter in the draft constitution, whether from the UN mission or any other party, and to abide by the constitutional declaration. He pointed out that this position disturbed the mission and made it view the Constitutional Commission as an intransigent party, which is not true.
Kashlaf describes the UN mission’s tendency to set up a legal committee to agree on a law for elections and referendums on a constitutional basis that it is a kind of guardianship over Libya, and a dangerous precedent in the United Nations, which is supposed to support states in democratic transition rather than working to bypass a people-elected body, from Order the complete takeover of the constitutional process and remove the Constitutional Commission from the scene.
And he added, “The UN mission is trying to justify its interference by saying that the draft constitution did not achieve consensus, and this is not true, as the mission is trying to satisfy some parties, although the draft constitution received 43 votes from members of the Constitutional Commission out of 44 votes present at the session, and if we look at the regions, 16 From Tripoli, 11 from Cyrenaica and 18 Fezzan members of the commission voted on the draft constitution.
Kashlaf asserts that the mission’s attempt to create a constitutional path other than the path of the Libyan people, under the pretext of the presence of rejectionist parties, means that any path that approves the future will be obstructed by other parties, and we will become in an endless spiral, and it warns of the failure of all future tracks. He pointed out that the Constitutional Commission will not stand idly by in the face of the violations of the UN mission, and will resort to judicial, media and popular means.
Exclusion of the draft constitution
A member of the constitutional draft constitution, Nadia Omran, accuses the UN mission of excluding the draft constitution and searching for complex alternatives, and ignoring an elected body of the Libyan people who approved a proposal for a draft constitution that is expected to be submitted to the people for referendum.
She added to Al-Jazeera Net, “What happened in the Cairo dialogue, which was inaugurated by the Egyptian intelligence chief regarding the Libyan foundational path between the House of Representatives and the state, illustrates the reality of the blatant interference by the UN mission and the attempt to manipulate it, which is a violation of Libyan sovereignty and a clear violation of the United Nations Charter, which supports democracy and the right of peoples to decide. Her destiny. “
Omran asserts that the dependence of the fate of the Libyans with a legal committee selected from the United Nations mission and most of its members have an extremist opinion and opposes the draft constitution, “is evidence of the UN mission’s intention to undermine the constitutional path, seeking to impose certain personalities and implement the agendas and purposes of other parties.”
She believes that “giving the mysterious dialogue committee broad powers indicates the UN mission’s endeavor to impose a constitutional rule prepared by non-Libyan hands and vision.” The UN mission demands the recognition of the failure of all the dialogue tracks it opened without a clear study.
The new presidency
A member of the House of Representatives, Ali Al-Sol, considers that choosing a new presidency of the Council of Representatives is one of the reasons for the deep disagreement between the members of the House of Representatives, after the conclusion of their meetings.
Al-Sol reports that members of the South are demanding the right of the South to preside over the House of Representatives, under the pretext that the new President of the Presidency Council will be from the East, and the government to the West, “which brought the parliament’s sessions into a despicable quota system, interests and ambitions.”
Al-Sol continues his speech to Al-Jazeera Net, “Parliament’s sessions did not stumble. But the Corona pandemic prevented the parliament from meeting, especially after a number of members were injured.”
Al-Sol explains that the members of the House of Representatives continue their meetings via video technology to discuss the internal regulations of the House and find realistic solutions that satisfy the meeting parties upon the installation of a new presidency to achieve the supreme interest of the homeland.