Libyan Political Agreement (Sukhairat Agreement)

Country/entity
Libya
Region
Middle East and North Africa
Agreement name
Libyan Political Agreement (Sukhairat Agreement)
Date
17/12/2015
Agreement status
Multiparty signed/agreed
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.

Libyan Conflicts (1969 - 1994) (2011 - ) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Government
Peace process
76: Libyan peace process
Parties
22 participants. 4 members from the General National Congress, 4 members from the National Transitional Council, and 4 members from the House of Representatives.

Independent stakeholders including armed groups, municipal councils, political parties, tribal leaders, and women's organizations.
Third parties
Description
The Agreement is to initiate peace talks between the Tripoli-based General National Congress, the Tobruk-based House of Representatives and the original transitional body, the National Transitional Council. The majority of participants signed the agreement in July 2015 except the GNC, who finally signed a revised agreement in December 2015. Agreement touches on Governing Principles; the creation of a Government of National Accord including the creation of a House of Representatives; a high Council of State; Confidence Building Measures; Security Arrangements; Constitutional Process; the creation of Institutions and Councils; Arrangement for International Support. Differences between the July and December agreements include an increase of Deputy Prime Ministers and a decrease in the number of members of the House of Representatives as well as the means of breaking deadlocks and the removal of Article 23 and 68 from the July document and the inclusion of Article 66 in the December document. It is the December agreement that is coded.

Agreement document
LY_151217_Libyan Political Agreement.pdf

Main category
Page 2, Introduction, The dialogue's political track included key players in the Libyan democratisation process. The members of the House of Representatives, chosen in a free and fair election that was organized under and recognized by the General National Congress, have a responsibility to respect the democratic rights of the voters and represent their constituencies. The General National Congress managed the transitional process for more than two years. The National Transitional Council led the country through the earliest stages of the transition. Members from all these three legislative bodies made very important contributions to the dialogue process and to the conclusion of this agreement. Other independent stakeholders participated as well. The armed groups, municipal councils, political parties, tribal leaders, and women's organizations contributed to other elements of the dialogue to promote a genuine and stable reconciliation.

Page 3, Introduction, Underscoring the important role of Libyan women in conflict prevention and resolution as well as in peace building, and the importance of their equal contribution to all efforts that aim to resolve the Libyan crisis; also, the need to increase their decision-making role in relation to those efforts and participation in the political process.

Page 6, Article (2),
2. The Government of National Accord shall give the necessary consideration to the geographic dimension, cultural components and fair representation of women and youth when selecting its members.

Page 9, Government of National Accord,
... Article (11)
The Government of National Accord shall commit itself to the formation of a Women Support and Empowerment Unit under the Presidency of the Council of Ministers.

Page 14, Article (37)
1. The Government of National Accord, immediately after gaining the vote of confidence of the House of Representatives, shall establish and chair the “Committee for Monitoring the Implementation of the Interim Security Arrangements” as agreed. The Committee shall establish sub-committees and other supporting mechanisms as may be required, taking into consideration the representation of local communities, including men and women, in such mechanisms. The Committee shall submit its periodical reports to the Government of National Accord. Until the Committee has been formed, the Security Track of the Libyan Political Dialogue shall determine suitable mechanisms to implement the security arrangements.

Page 24, Annex (2) Priorities of the Government of National Accord
8. Establish Women Empowerment Unit and provide it with the necessary resources as well as represent it in all committees and bodies that emanate from the Libyan Political Agreement.

Page 26, Annex 3, Basic Rules for the Functioning of State Council
Article 1
The State Council shall comprise one hundred and forty five (145) members who were elected during the General National Congress elections on 7 July 2012 as per the following:
1. One hundred and thirty four (134) male and female members of the General National Congress who enjoy sound membership at the signing this Agreement. The Presidency of the General National Congress shall submit a list containing the names of those members.
2. Eleven (11) male and female members shall be completed based on the lists of the General National Congress elections dated 7 July 2012. The General National Congress shall address the High National Electoral Commission in this regard, while taking into consideration the fair representation of the electoral constituencies.

Women, girls and gender

Participation
Effective participation
Page 6, Article (2),
2. The Government of National Accord shall give the necessary consideration to the geographic dimension, cultural components and fair representation of women and youth when selecting its members.

Page 14, Article (37)
1. The Government of National Accord, immediately after gaining the vote of confidence of the House of Representatives, shall establish and chair the “Committee for Monitoring the Implementation of the Interim Security Arrangements” as agreed. The Committee shall establish sub-committees and other supporting mechanisms as may be required, taking into consideration the representation of local communities, including men and women, in such mechanisms. The Committee shall submit its periodical reports to the Government of National Accord. Until the Committee has been formed, the Security Track of the Libyan Political Dialogue shall determine suitable mechanisms to implement the security arrangements.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
Institutions for women
Page 9, Article (11)
The Government of National Accord shall commit itself to the formation of a Women Support and Empowerment Unit under the Presidency of the Council of Ministers.

Page 24, Annex (2) Priorities of the Government of National Accord
8. Establish Women Empowerment Unit and provide it with the necessary resources as well as represent it in all committees and bodies that emanate from the Libyan Political Agreement.
Reconciliation and peace
Page 2, Introduction, The dialogue's political track included key players in the Libyan democratisation process. The members of the House of Representatives, chosen in a free and fair election that was organized under and recognized by the General National Congress, have a responsibility to respect the democratic rights of the voters and represent their constituencies. The General National Congress managed the transitional process for more than two years. The National Transitional Council led the country through the earliest stages of the transition. Members from all these three legislative bodies made very important contributions to the dialogue process and to the conclusion of this agreement. Other independent stakeholders participated as well. The armed groups, municipal councils, political parties, tribal leaders, and women's organizations contributed to other elements of the dialogue to promote a genuine and stable reconciliation.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
Women's role and consideration in implementation of the agreement
Page 14, Article (37)
1. The Government of National Accord, immediately after gaining the vote of confidence of the House of Representatives, shall establish and chair the “Committee for Monitoring the Implementation of the Interim Security Arrangements” as agreed. The Committee shall establish sub-committees and other supporting mechanisms as may be required, taking into consideration the representation of local communities, including men and women, in such mechanisms. The Committee shall submit its periodical reports to the Government of National Accord. Until the Committee has been formed, the Security Track of the Libyan Political Dialogue shall determine suitable mechanisms to implement the security arrangements.
Other
No specific mention.

The University of Edinburgh