Political Statement on the Matter of Libya

Country/entity
Libya
Region
Middle East and North Africa
Agreement name
Political Statement on the Matter of Libya
Date
29/05/2018
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Libyan Conflicts (1969 - 1994) (2011 - )
Agreements relate to two distinct conflict dyads.
Libya-Chad. Since the 1970s, Libya under Colonel Muammar Gaddafi had a tense relationship with its neighbour Chad, predominantly focused on the resource-rich Aouzou Strip in northern Chad. Libyan claims of the Aouzou Strip were held in an un-ratified treaty between France and Italy in 1935, similarly Chadian claims of the Strip were argued with support of a 1955 treaty between Libya and France. In 1973, Libya effectively annexed the Strip to gain access to natural resources. This spurred cross-border clashes between 1979 until 1987 until escalated to a brief war known as the Toyota War, wherein Chadian government troops succeeded in repelling Libyan forces. A brief and repeatedly violated ceasefire was held from 1987-88, followed by a series of unsuccessful negotiations, until an International Court of Justice ruling in 1994, which granted sovereignty of the Strip to Chad.

Libya post-Gaddafi. Gaddafi’s downfall following the Libyan Civil War in 2011-2012, led to several factions fighting for the country’s leadership. Since 2013, the country effectively split into three entities, with the National Army controlling the east including the city of Benghazi, and the New General National Congress and their militias such as the Golden Dawn controlling the northwest including the capital of Tripoli. Significant portions of the country in the south-west are currently held by Tuareg forces. The civil war and chaos continued into 2014 as the General National Congress refused to disband after the expiry of its mandate, resulting in eruption of mass protests. The UN efforts continue to broker peace between the Libyan Army and the Libya Dawn factions, and a partial ceasefire was declared in January 2015. A new interim-government (Tunisia-based) called ‘Government of National Accord’ is formed with the backing of UN despite the refusal of the other forces to recognise its authority and arrived to Tripoli with the UN in 2016. A state of emergency was declared by the UN backed government amid clashed between rival militia in Tripoli’s southern suburbs. Since April 2019 there has been sustained fighting between the Libyan National Army and the UN-backed government in Tripoli as the Libyan National Army aims to seize Tripoli.

Libyan Conflicts (1969 - 1994) (2011 - ) )
Stage
Pre-negotiation/process (Principles)
Conflict nature
Government
Peace process
70: Libyan peace process
Parties
Fayez Al Sarraj - Government of National Unity
Aguila Saleh - House of Representatives
Khalid Al Mashri - High Council of State
Khalifa Haftar - Libyan National Army (not actual army)
Third parties
Sponsorship of the UN
Description
Agreement between the main conflict parties providing for elections to be held with support from UNSMIL. Agreement also provides for some security sector reform.

Agreement document
LY_180529_Political Statement on the Matter of Libya_EN.pdf []

Agreement document (original language)
LY_180529_Political Statement on the Matter of Libya_AR.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
New political institutions (indefinite)
Page 1, 6) Committing to the improvement of the general situation, in any way possible, in order to organize national elections, including moving the headquarters of parliament, based on the constitutional declaration, gradually dissolving the government and parallel institutions, and encouraging the parliament and the High Council of State to urgently work to unify the Central Bank of Libya and other institutions.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 1, 1) Declaring the importance of putting in place a constitutional basis for the elections and supporting the Special Representative of the Secretary General of the United Nations in the talks that he is conducting with the Libyan authorities to submit a proposal for approval of the constitution and setting a timeline for this. The approval of the constitution will be a crucial stage in the process of ensuring the sovereignty of the Libyan people.
Elections
Page 1, 1) Declaring the importance of putting in place a constitutional basis for the elections and supporting the Special Representative of the Secretary General of the United Nations in the talks that he is conducting with the Libyan authorities to submit a proposal for approval of the constitution and setting a timeline for this. The approval of the constitution will be a crucial stage in the process of ensuring the sovereignty of the Libyan people.

Page 1, 2) Agreeing on conducting parliamentary elections, as well as presidential elections, in accordance with what is specified by the Special Representative of the Secretary General of the United Nations in consultation with the Government of National Accord, the members of parliament, the High Council of State, and the High National Elections Commission. The parties have agreed to put in place a constitutional basis for elections, approve the necessary electoral laws by 16 September 2018, and conduct presidential and parliamentary elections on 10 December 2018. The preparations for the elections must be soundly implemented with all Libyan institutions, with the objective of moving forward in achieving the shared aim of bringing stability to Libya and uniting the country.

Page 1, 3) Formally committing to the requirements of elections that were presented by the Special Representative of the Secretary General of the United Nations in his statement to the United Nation’s Security Council on May 21, including organizing a new round of voter registration on the electoral lists for an additional period that is specified by the United Nations. Libyan leaders commit to accepting the results of the elections and ensuring the availability of the necessary funding and strict security measures. Anyone who violates or hinders the elections will be held accountable.

Page 1-2, 4) Agreeing to work constructively with the United Nations in order to ensure that the technical, legislative, political, and security requirements needed to organize national elections are met, including the parliament approving the electoral laws that are needed and implementing them in accordance with a specific timeline and the consultation mechanism with the High Council of State that was agreed upon in the Libyan Political Agreement.

Page 2, 6) Committing to the improvement of the general situation, in any way possible, in order to organize national elections, including moving the headquarters of parliament, based on the constitutional declaration, gradually dissolving the government and parallel institutions, and encouraging the parliament and the High Council of State to urgently work to unify the Central Bank of Libya and other institutions.
Electoral commission
Page 1, 2) Agreeing on conducting parliamentary elections, as well as presidential elections, in accordance with what is specified by the Special Representative of the Secretary General of the United Nations in consultation with the Government of National Accord, the members of parliament, the High Council of State, and the High National Elections Commission. The parties have agreed to put in place a constitutional basis for elections, approve the necessary electoral laws by 16 September 2018, and conduct presidential and parliamentary elections on 10 December 2018. The preparations for the elections must be soundly implemented with all Libyan institutions, with the objective of moving forward in achieving the shared aim of bringing stability to Libya and uniting the country.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
Central bank
Page 2, 6) Committing to the improvement of the general situation, in any way possible, in order to organize national elections, including moving the headquarters of parliament, based on the constitutional declaration, gradually dissolving the government and parallel institutions, and encouraging the parliament and the High Council of State to urgently work to unify the Central Bank of Libya and other institutions.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 1, 5) The Libyan security forces shall undertake ensuring the safety of the elections process and the right of all Libyans to express their will and determine the future of their countries safely and democratically, and this shall be done with the support of and in coordination with the United Nations, regional organizations, and the international community. No delay or obstruction of the election process will be accepted, and all entities responsible for these actions will be held accountable.

Page 1, 7) Committing to supporting the efforts of the United Nations to build military and security institutions that are professional, unified, and subject to accountability, in addition to encouraging the current Cairo Talks and constructively working to unify Libyan military and security institutions
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 2, 8) Agreeing to participate in a comprehensive political conference, to be sponsored by the United Nations, to follow up with the implementation of this statement, and ensuring that it adheres to the timetable and requirements that are specified by the Special Representative of the Secretary General of the United Nations with Libyan institutions

Page 2, As the Libyan leaders pledge to implement these commitments, the international community shall work, as one, to support the Libyans that are working constructively with the United Nations in order to conduct safe, sound, and credible national elections and striving for a prosperous future for the Libyan people by introducing appropriate and substantial reforms to the Libyan economy.

The University of Edinburgh