Page 11 - Issue 33

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ELITE Vol.1, Issue 33, July 2021 Express freely
Exprimer librement

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In Libya, there were some unprecedented things, including the But so far the referendum has not been held, because the political
composition, as well as the combination of the election and the circumstances have disrupted anything, including the constitutional
referendum, in the sense that the Commission was elected by the track. Unfortunately, we have very much demanded that the State
general public, and minorities have refused to vote, especially the push for a referendum on the Constitution and emphasize the need
Amazigh minority. Members were required not to belong to any to complete the project through the referendum fund.
parliamentary parties. The Libyan state was coming from the The Constitution is not only a legal document, but it is the supreme
experience of Muammar al-Qadafi and the subsequent absence of law, and it regulates the governance of any state and has clear
political parties or formations, all of which were new experiences for implications for political action in any state. Along with all the
the Libyan people. They had much larger but destroyed aspirations constitutional procedures there was a political path, and I was the
and ended up disapproving of political parties for the Constitution. chief writer of the Ambassadors' Agreement, not only my thoughts
But a referendum was added, and what's new. Because the but I was the draftsman for these texts, and it ended with a political
committee is usually formed either by election or by appointment agreement between the rival parties. This agreement was created by
from either side or then a draft approved by a majority of the people what is called the Government of National Accord, and it created a
by referendum, Libya combined the two. In the context of this bad institution called the Presidential Council, composed of 9
situation, I have participated with many experts in the entire process people. When we start dedicating the holes, they continue with us
they have undertaken to draft the Constitution, which will eventually and are a problem for us, and these are not legalized, but they will
be put to a referendum. continue with us until 2021. There is a so-called Libyan Political
And there were a lot of shockwaves on the road. The first shock is Dialogue Forum, a structure of 74 members and members formed
the establishment of 3 months for the establishment of the by the United Nations and a key player in Libya, based on
Constitution, which is of course unrealistic and will not be achieved. deliberations with many parties. The Forum developed the road
Especially in a state that has, throughout its history, developed only map and established a Presidential Council composed of a
a single constitution, it started with 60 days, ended with four months President and 2 vice presidents.
in the end, and was, of course, an unrealistic timeline. The second is The major problem currently facing Libya is two-fold. The first
the Commission's desire to write the Constitution themselves, part lies in the Marshal Haftar, which is not a problem in itself. But
although they are not specialized at all, and the Commission is not his role in future Libyan politics is a problem. Is he the
mandated to do so, but it lays the foundations and sets ideas and the Commander-in-Chief of the Armed Forces or is he the
writing of the Constitution must be left to a competent commission. Commander-in-Chief? So is he going to agree to be under
This led to a terrible delay in timing. We started on 21/4/2004, and someone's presidency? Second, it's unclear how the elections will
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the final draft of everything we went through was adopted on take place, we're at a crossroads, there are many ideas, but there's
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29/7/2017, and so what was supposed to end in 120 days took 3 no consensus. There are three ways, a referendum on the
years. This is the current Libyan constitutional framework. constitution, parliamentary elections, and presidential elections,
and no one knows the order of these steps and the picture is
unclear. On December 24, 2021, elections are scheduled to take
place, but no one knows which elections will take place first.

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