Political Statement on the Matter of Libya

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Political Statement on the Matter of Libya
Date: 29 May 2018
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: 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 (opens in new tab) | Download PDF
Agreement document (original language): LY_180529_Political Statement on the Matter of Libya_AR.pdf (opens in new tab)| Download 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

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): 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.
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.
Constitution: Governance→Constitution→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.

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 general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: 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: Socio-economic reconstruction→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.
Related cases: No specific mention.
Source: Innfrad, Paris Statement Confirms agreement to conduct elections between two Libyan sides next December 10’, 29 May 2018, https://bit.ly/2YhfPpi

Political Statement on the Matter of Libya

Paris, 29 May 2018

As a reminder of the commitment of the international community to support peace, security, and stability in Libya,

A reminder that the current political and security situation in Libya cannot continue as it is,

A reminder of the loud appeal from all Libyans to conduct comprehensive, peaceful, and credible elections,

In accordance with the Libyan Political Agreement that was drafted on 17 December 2015,

In accordance with the comprehensive political roadmap that was put forth by the United Nations on 20 December 2017 and got the support of the international community,

And in the framework of the political process that is led by Libyans, and no one else, with the full participation of all concerned Libyan parties, we have agreed, in Paris on 29 May 2018, under the sponsorship of the United Nations and with the attendance of representatives of the international community, to constructively work with the United Nations in order to conduct peaceful and credible elections as soon as possible and adhere to the results of the elections after they are conducted.

We have also agreed on the following principles in support of the efforts of the United Nations to bring stability to Libya:

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.

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.

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.

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

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.

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.

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

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

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.

Joint statement by Fayez Al Sarraj, Aguila Saleh, Khalid Al Mashri, and Khalifa Haftar