The Selection Mechanism for the Unified Executive Authority Adopted by LPDF Members

Export agreement:

Export agreement coding (PDF)

Country/entity: Libya
Region: Middle East and North Africa
Agreement name: The Selection Mechanism for the Unified Executive Authority Adopted by LPDF Members
Date: 19 Jan 2021
Agreement status: Unilateral document
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/territory
Peace process: Libyan transitional process
Parties: Advisory Committee of the Libyan Political Dialogue Forum (LPDF)
Third parties: United Nations Support Mission in Libya (UNSMIL)
Description: A short unilateral agreement set out by the Libyan Political Dialogue Forum as a guide for selecting the national executive.

Agreement document: LB_210119_The Selection Mechanism for the Unified Executive Authority Adopted by LPDF Members.pdf (opens in new tab) | Download PDF
Agreement document (original language): LB_210119_The Selection Mechanism for the Unified Executive Authority Adopted by LPDF Members.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)→Temporary new institutions
Page 1, The Selection Mechanism for the Unified Executive Authority Adopted by LPDF Members,

Each electoral college shall separately nominate their respective representative to the Presidency Council based on the principle of agreement in selection (70%). If this is not possible, lists shall be formed from all regions. Each list shall consist of 4 persons, who will specify the position for which they are running (President of the Presidency Council, member of Presidency Council, and Prime Minister). For the list to be presented for voting by the Plenary, it must receive 17 endorsements (8 from the West, 6 from the East and 3 from the South). The winning list shall be the one that receives 60% of the votes of the Plenary in the first round. If none of the lists receive this percentage, the two lists that receive the highest percentages shall compete in the second round. The winning list shall be the one that receives 50%+1 in the LPDF Plenary.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: 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 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: No specific mention.

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: No specific mention.
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: No specific mention.
Related cases: No specific mention.
Source: https://reliefweb.int/report/libya/unsmil-announces-lpdf-approves-proposal-selection-mechanism-executive-authority

The Selection Mechanism for the Unified Executive Authority Adopted by LPDF Members

Each electoral college shall separately nominate their respective representative to the Presidency Council based on the principle of agreement in selection (70%).

If this is not possible, lists shall be formed from all regions.

Each list shall consist of 4 persons, who will specify the position for which they are running (President of the Presidency Council, member of Presidency Council, and Prime Minister).

For the list to be presented for voting by the Plenary, it must receive 17 endorsements (8 from the West, 6 from the East and 3 from the South).

The winning list shall be the one that receives 60% of the votes of the Plenary in the first round.

If none of the lists receive this percentage, the two lists that receive the highest percentages shall compete in the second round.

The winning list shall be the one that receives 50%+1 in the LPDF Plenary.