Libyan Political Agreement (Sukhairat Agreement)

Export agreement:

Export agreement coding (PDF)

Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Libyan Political Agreement (Sukhairat Agreement)
Date: 17 Dec 2015
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: Framework/substantive - comprehensive
Conflict nature: Government
Peace process: 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. As regards political power-sharing, Summary: Provides for power sharing at state level, through forms of proportionality and merging of the Government of Natonal Accord (GNC) and the House of Representatives (HoR) into the Libyan Peace Agreement Government. It also provides for a complicated legislative system to involve a new power sharing State Council, and a power sharing relationship with the House of Representatives (which itself has provisions for power sharing between boycotting and non-boycotting members).

Agreement document: LY_151217_Libyan Political Agreement.pdf (opens in new tab) | Download 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: 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: 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.
New institutions→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: 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.

LIBYAN POLITICAL AGREEMENT

As signed on 17 December 2015

Introduction

At this critical juncture in Libya's history, representatives from throughout the country came together to negotiate this agreement, which represents a unique opportunity to both address the immediate suffering of the Libyan people and build a democratic civil state through national consensus.

In doing so they have demonstrated their commitment, as true leaders, to place the Libyan people and Libyan State above narrow self-interests and readiness to take difficult decision for the sake of Libya.

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.

The Libyan Political Agreement that this dialogue produced rests on four main principles:

ensuring the democratic rights of the Libyan people, the need for a consensual government based on the principle of the separation of powers, oversight and balance between them, as well as the need to empower state institutions like the Government of National Accord so that they can address the serious challenges ahead, respect for the Libyan judiciary and its independence.

The implementation of this agreement in good faith will provide the tools needed to address the challenges of fighting terrorism, reforming and building state institutions, stimulating economic growth, confronting the phenomenon of illegal migration and consolidating the rule of law and human rights throughout the country.

The Libyan people will always owe their revolutionaries a debt for the part they played in the country's liberation from decades of autocratic rule, or the sacrifices they made in their struggle for a free, democratic state that upholds the rule of law and respect for human rights The time has come to move on to a new stage in Libya's transition, which offers the revolutionaries an opportunity to be part of a modern, professional, and reformed military under direct government control, or to be reintegrated into civilian life in a manner befitting their sacrifices.

This is a time to put an end to the fighting that has crippled the country’s democratic transition and is increasingly threatening its national unity.

Working for a better future for Libya should continue through peaceful means.

This agreement is the first step down a long road towards Libya's recovery and prosperity.

Political transitions are always difficult, and replacing authoritarianism with genuine democracy is a tremendous undertaking under the best of circumstances.

There are no shortcuts, and it will not be easy.

It is, however, a good first step that places Libya on solid ground to face the challenges ahead.

Preamble

Concurring that the peaceful settlement of the crisis in Libya requires a clear commitment and an unequivocal determination on the part of Libya’s political representatives, with the broad support of all parties, as well as the concerted and sustained efforts of all of the people of Libya,

Responding to the needs of the legitimate state institutions to have clear arrangements with regards to the management of Libyan affairs until the adoption and implementation of the Libyan Constitution,

Expressing their commitment to the higher national interest of Libya and to placing it above all other priorities,

Affirming their commitment to the democratic track based on respect for the outcome of the electoral process and the principle of peaceful transfer of power,

Stressing their adherence to the Constitutional Declaration, respect to the independence of the judiciary and complying with its rulings and decisions,

Affirming their commitment to take into consideration the general international law, including the international humanitarian law and obligations stemming from international treaties to which Libya is a party, as well as the pertinent Security Council Resolutions, while underscoring the need to maintain the Libyan sovereignty.

Expressing their determination to ensure that all Libyans have the opportunity to participate effectively in state-building efforts,

Expressing their resolve to re-establish a stable environment that enjoys peace and security so as to enable state institutions to effectively meet the needs of the Libyan people and maintain their gains,

Expressing their resolve that the legitimate state authorities shall have the exclusive use of force in Libya in a manner that complies with the principle of the rule of law, Libya’s obligations under international human rights law and the rights and liberties of the Libyan people;

and that security sector officials are subject to civilian oversight and accountability in accordance with the Libyan legislations in force,

Expressing their condemnation of violations of human rights and international humanitarian law, including the targeting of civilians and civilian institutions;

and their commitment to put an end to impunity,

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.

Expressing their determination to engage the youth in peace making, promote their role in the political process, and strengthen them so as to confront all forms of terrorism,

Expressing their grave concern over the growing threat posed by terrorist groups against Libya’s sovereignty, national unity, territorial integrity and democratic transition;

and their total rejection of extremism and terrorism, in all its forms and manifestations and regardless of its motives,

Looking forward to building a secure and coherent society in which national reconciliation, justice, respect for human rights and freedom of expression prevail,

Expressing their commitment to preserving Libya’s independent institutions and resolve to act in the long term interests of the Libyan people with unified governance structures under a Government of National Accord, whose role is to safeguard Libya’s resources for the benefit of all Libyans,

Affirming commitment to the democratic track based on respect of the results of the electoral process, the principle of peaceful transfer of power, respect for the independence, rulings and decisions of the judiciary, and condemnation of all forms of tyranny that characterized the former regime, which was an unfair and tyrannical era that represented a dark period in Libya’s history as it controlled the country from 1 September 1969 until the victory of the blessed February Revolution.

Also, underscore the non-repetition of this tyranny and prevention of any act that calls for a reproduction of that era in any form, as well as rejection of any attempt for the non-peaceful transfer of power, including all forms of coups, and

Reiterating Libya’s commitment to its international obligations,

The Participants in the Libyan Political Dialogue agree to the following:

Governing Principles

This Agreement as well as its implementation and interpretation shall invoke the following principles:

1. Commitment to the protection of the national and territorial integrity of Libya, as well as its sovereignty, independence and its full control over its international borders, and rejection of any foreign intervention in Libyan internal affairs.

2. Full commitment to the Constitutional Declaration, and to the political process that is based on the principles of democracy and peaceful transfer of power.

3. Commitment to the respect of the principle of separation of the three powers, legislature, executive, and judicial.

4. Commitment to the importance of drafting a permanent constitution for Libya that achieves the ambitions and aspirations of the Libyan people towards building the state of institutions based on the rule of law and respect of human rights,

5. Commitment that Islamic Sharia is the source of all legislation, and that all that contradict it shall be deemed null and void.

6. Commitment to the principles of the 17 February Revolution as included in the preamble of the Constitutional Declaration, and that are based on justice, equality, respect for human rights and the building of the state of law and institutions.

7. Condemnation of all forms of tyranny that characterised the former regime between 1 September 1969 and the victory of 17th February Revolution and commitment to prevent their recurrence.

8. Affirmation of the principle of equality between Libyans in terms of enjoyment of civic and political rights and equal opportunity, and rejection of any discrimination between them for whatever reason.

9. Commitment to the principle of respect of the judiciary and its independence and ensuring its integrity and impartiality.

10. Commitment that the House of Representatives is the only legislative authority in the country during the transitional period.

11. Commitment to the executive authorities and powers granted to the Government of National Accord and the role of the State Council, as well as their contribution to the political process in accordance with this Agreement.

12. Commitment of the House of Representatives, State Council and Government of National Accord as well as other institutions that stem from this Agreement to upholding the principle of consensus during the performance of its functions and the promotion of cooperation and coordination between them in order to ensure proper conduct of the democratic process as well as integration and balance between all authorities.

13. Full commitment to the pertinent Security Council resolutions.

14. Commitment to the formation of a government of national accord that leads the executive body and that works towards the implementation of an action programme according to the constitutional declaration.

15. Monopoly by the State over the exclusive right to the legitimate use of force.

16. Rejection and criminalization of all forms of violence, threat of use of violence, or incitement to use violence to achieve political goals, and the need to apply the law to anyone who incites hatred and violence.

17. Condemnation of and combatting terrorist acts of all forms, types and funding sources, as well as commitment to the exclusive responsibility of the State for counter-terrorism, provided that it adheres to legal procedures as well as human rights law and international humanitarian law as stipulated in the relevant international agreements, conventions and standards.

18. The state’s monopoly of the two institutions of army and security in accordance with the law and in service to the public interest.

The Army shall commit itself to the non-prejudice of the constitutional system;

officers and non-commissioned officers as well as soldiers shall be prohibited from exercising political action.

It shall also be prohibited for any individual, body or group to establish military or para military formations, groups or organizations outside the legitimacy of the state.

19. Commitment to activate security institutions at the top of which are the army, police and affiliated security services that protect the homeland and ensure the safety and security of citizens, as well as support and develop them based on Libyan legislations in force that guarantee transparency, accountability, effectiveness and professionalism, and under the supervision of the civilian authority.

20. Commitment to the implementation of the decisions of the legislative authority concerning the disbandment and integration of armed formations in civil and military state institutions, rehabilitation of their members in keeping with international standards and practices.

21. Commitment to removing all armed formations from all residential areas, civilian and military headquarters.

22. Safeguarding the rights of cultural components, as they are considered an integral and fundamental component of the Libyan people, within the state of citizenship and the unifying national identity.

23. Rejection of inciting hatred and spreading accusations of blasphemy, treason, extremism, fundamentalism and defamation as well as all forms of discrimination and contempt;

and commitment to the non-use of media outlets, of all types, in committing any of such acts.

24. Non-permissibility of detention or arrest except according to the law.

Commitment to placing all prisons, detention and holding centres under the effective control of the judicial authority, and implementing Libyan laws that relate to the release of all persons held without charge or trial, and promptly and fairly bring to trial persons required for prosecution.

Also, commitment to disclosing the fate of missing persons.

25. Prosecuting and punishing perpetrators of murder, torture and other crimes under the international law, including all forms of mistreatment against those detained, whoever they are.

26. Activate transitional justice and national reconciliation mechanisms in order to uphold the truth and achieve accountability, reconciliation, reparation and reform of state institution, in line with the Libyan legislations in force and international standards.

27. Total Commitment to addressing the humanitarian situation of the refugees and displaced persons as well as facilitating their voluntary return in dignity and safety to their areas as soon as possible;

also pledge providing them with protection and compensation for the damages they sustained, taking into account the financial burdens borne by the Libyan State.

28. Commitment to work towards combatting human trafficking and illegal migration through the concerted efforts of concerned states and in close cooperation with the international community and neighbouring states, while reaffirming respect for the pertinent rules of international law.

29. Activation of the decentralized system as a basis for local governance within the framework of the unity of the State.

30. Commitment to the principles of transparency and anti-corruption, and adherence to international standards in the area of the State's public contracting and in all its internal and external transactions.

31. Recognition of the importance of the continuing independence and integrity of the economic and oversight sovereign institutions.

32. Preservation of natural wealth, national resources as well as the state’s financial and economic institutions that belong to all Libyans, and investing them for the benefit of the people and future generations.

It shall not be permissible to control or dispose of them unless by official state authorities and in accordance with the relevant Libyan legislations in force;

and they shall not be made involved in any political conflict.

Government of National Accord

Article (1)

1. The formation of the Government of National Accord comes at a time when the country is experiencing exceptional circumstances.

It derives its strength from being the culmination of the Libyan political agreement.

Its success requires continued support from all parties to enable it to perform its tasks properly.

2. The Government of National Accord shall be established on the basis of competency and equal opportunity.

It shall be assigned to exercise the tasks of the executive authority.

It shall consist of a Council of Ministers chaired by the Prime Minister, and the membership of Deputy Prime Ministers and a number of ministers.

Its main headquarters shall be in the capital, Tripoli and it can perform its functions from any other city.

3. A Presidency Council for the Council of Ministers shall be established and chaired by the Prime Minister with the membership of the five Deputy Prime Ministers and three Ministers, one of whom shall be for the Presidency of the Council of Ministers and Legislation Affairs, the second one shall be for Specialized Councils Affairs and the latter for Civil Society Affairs.

Any decision taken by the Presidency Council of the Council of Ministers, in accordance with its competencies listed in Article 8.2 of the Agreement, shall require unanimity of the President of the Presidency Council of the Council of Ministers and his deputies.

4. The term of the Government of National Accord shall be one year as of the date of granting it a vote of confidence by the House of Representatives.

In case the constitution was not finalized during its term, it shall be renewed automatically for one additional year only.

In all cases, the term of the Government shall end immediately after the formation of the executive authority as per the Libyan Constitution or the expiry of its specified duration, whichever is earlier.

5. The House of Representatives shall only consider the request to withdraw confidence from the Government of National Accord by a written request signed by fifty (50) of its members.

In this case, the House of Representatives shall consult with the State Council in order to reach consensus before proceeding with the withdrawal of confidence actions.

The state Council has to provide its opinion within a period no longer than fourteen (14) days as of the date on which it was addressed.

In this case, withdrawing confidence from the Government of National Accord requires the approval of one hundred and twenty (120) House of Representatives members.

Article (2)

1. While taking into account the two principles of competency and non-discrimination, the conditions stipulated in the Constitutional Declaration must be fulfilled by whomever is appointed for the membership of the Government of National Accord:

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.

3. The assigned Prime Minister and his deputies shall select the ministers based on agreement between them and after convening a consultation session with members of the Libyan Political Dialogue specifically for this purpose.

If their unanimity is not achieved during the first and second voting, the decision shall be taken in the third voting through the majority of the members of the Presidency Council of the Council of Ministers.

The President of the Presidency Council must be among the agreeing votes.

4. Annex 1 of this Agreement specifies the names of nominees for the Presidency Council of the

Council of Ministers.

Article (3)

The Prime Minister, within a period that does not exceed one month of the adoption of this Agreement, shall submit a full agreed list of the members of the Government of National Accord and its programme to the House of Representatives to fully endorse it, grant it a vote of confidence and adopt its program in accordance with the legally stated procedures within a period that does not exceed ten (10) days of its submission to the House of Representatives.

Article (4)

The resignation of the Prime Minister, his death or vacancy of his position for any reason whatsoever shall lead to the resignation of the whole Government.

In this case, the outgoing government shall continue functioning as caretaker government, headed by one of the deputies, until the formation of a new government.

The House of Representatives shall consult with the State Council in order to reach consensus on a replacement within a date no later than ten (10) days of the date on which the post became vacant.

This selection shall be endorsed by the House of Representatives.

Article (5)

1. In case one of the Deputy Prime Ministers positions becomes vacant for any reason whatsoever, the House of Representatives shall consult with the State Council in order to reach consensus on a replacement within a date no later than ten (10) days of the date on which the post became vacant.

This selection shall be endorsed by the House of Representatives.

2. In case any positions of the Ministers members of the Presidency of the Council of Ministers becomes vacant, the Prime Minister and his deputies shall unanimously select a replacement within a date no later than ten (10) days of the date on which the post became vacant.

The President of the Presidency Council must be among the agreeing votes.

This selection shall be endorsed by the House of Representatives.

Article (6)

The Prime Minister and his deputies may remove any minister based on their unanimous agreement, provided that the Minister continues in a caretaking capacity until the replacement is presented to the House of Representatives by the Prime Minister, after reaching consensus with his deputies, within ten (10) days of the removal to receive the vote of confidence.

If their consensus is not achieved during the first and second voting, the decision shall be taken in the third voting through the majority of the members of the Presidency Council of the Council of Ministers.

The President of the Presidency Council must be among the agreeing votes.

Article (7)

The Government of National Accord shall adopt during its first meeting its own decision-making mechanisms with a two-thirds majority of its members.

Article (8)

The Presidency Council of the Council of Ministers, which comprises the Prime Minister, as well as the membership of the Deputy Prime Ministers and three Ministers shall have the following terms of reference:

1. Terms of Reference of the President of the Presidency Council of the Council of Ministers

a. Represent the State in its foreign relations.

b. Accredit representatives of states and foreign bodies in Libya.

c. Supervise the work of the Council of Ministers, and guide the Council of Ministers with regards to the performance of its terms of reference as well as preside over its meetings.

2. Terms of Reference of the Presidency Council of the Council of Ministers:

a. Assume the functions of the Supreme Commander of the Libyan army

b. Appointment and removal of the Head of the General Intelligence Service upon the approval of the House of Representatives.

c. Appointment and dismissal of ambassadors and representatives of Libya in international organizations based on a proposal from the Minister of Foreign Affairs, according to Libyan legislations in force.

d. Appointment and removal of senior officials.

e. Declaration of states of emergency, war and peace, and adoption of exceptional measures upon the approval of the National Defence and Security Council.

The matter shall be presented to the House of Representatives for endorsement within no more than ten (10) days of its issuance.

f. Conclude international agreements and conventions provided that they are endorsed by the House of Representatives.

Article (9)

The Council of Ministers shall exercise the executive authority and ensure normal functioning of public state institutions and structures according to the following terms of reference:

1. Establish and implement the Government programme for the duration of its term, taking into consideration the priorities stated in Annex 2 of this Agreement.

2. Propose the necessary draft laws for performing its tasks and submit them to the House of Representatives for endorsement.

3. Issue bylaws as well as administrative decisions and directives as required for the implementation of the Government programme in accordance with legislations in force.

4. Manage national affairs in the interest of the country, according to laws, bylaws, regulations, and decisions in force,

5. Prepare the draft general budget and balance sheet of the State.

6. Develop and implement temporary emergency financial arrangements as appropriate upon conducting necessary consultation with the Central Bank of Libya, the Audit Bureau and relevant oversight authorities, according to the provisions of the financial law in force.

7. Issue decisions regarding the structure and management of the executive bodies and institutions affiliated with the Government as it deems necessary and appropriate, and after consultation with the relevant authorities,

8. Negotiate international conventions and agreements

9. Implement the tasks stipulated in this Agreement.

Article (10)

The Government of National Accord shall commit itself to establish a joint committee comprising the House of Representatives, State Council, Government of National Accord and National Defence and Security Council stipulated in the Constitutional Declaration to agree on a draft law to specify the competencies of the Supreme Commander of the Libyan Army as well as the competencies of the leadership levels in the army within a period that does not exceed three months of the date of commencing its functions, and the House of Representatives shall adopt it as agreed.

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.

The House of Representatives

Article (12)

The legislative authority of the State, during the transitional period, shall be undertaken by the House of Representatives, which was elected in June 2014;

it shall practice its competencies based on the Constitutional Declaration and its amendment as per this Agreement.

Article (13)

The House of Representatives, elected in June 2014, shall undertake the legislation authority for the transitional period, granting the vote of confidence or no confidence to the Government of National Accord as per the items of this Agreement, adopting the general budget, performing oversight over the executive authority and endorsing the public policy submitted by the Government.

Article (14)

The submission of draft laws shall be initiated by no less than ten (10) members;

and draft laws shall be submitted by the Council of Ministers.

The Prime Minister shall undertake the submission of draft laws on endorsing international conventions as well as draft financial laws.

Article (15)

1. While taking into consideration the Libyan legislations in force, the House of Representatives shall consult with the State Council, based on the mechanism stipulated in Annex 3 of this Agreement, in order to reach consensus within thirty (30) days of the endorsement of this

Agreement, to agree on the incumbents of the following sovereign leadership positions:

a. Governor of the Central Bank of Libya

b. Head of the Audit Bureau

c. Head of the Administrative Oversight Authority

d. Head of the Anti-corruption Authority

e. Head and members of the High National Electoral Commission

f. Head of the Supreme Court.

g. The Public Prosecutor.

2. After the implementation of paragraph 1 of this article, the appointment and removal of sovereign positions indicated in the previous paragraph shall require the approval of two thirds members of the House of Representatives.

Article (16)

The House of Representatives, after being joined by the boycotting members who wish to do so shall convene a session dedicated to the consideration of the following issues:

1. The interim location for the convening of the House of Representatives.

2. Review of the rules of procedure of the House of Representatives.

3. Formation of the House of Representatives’ committees.

4. Decisions and legislations that were issued by the House of Representatives.

5. Development of legislative work in order to promote efficiency and transparency.

Provided a decision is made on those issues no later than 15 October 2015.

Article (17)

A committee shall be formed from the House of Representatives and boycotting members, to meet on a date no later than 17 September 2015 to agree on the necessary procedures to implement the previous article of this agreement, provided that the United Nations Support Mission in Libya shall facilitate the work of the committee.

Article (18)

The term of the House of Representatives, as per Article 17 of this Agreement, shall continue until convening of the first session of the legislative authority as per the Libyan Constitution.

The High Council of State

Article (19)

1. The State Council shall be the highest consultative Assembly of the State and shall carry out its work independently according to the Constitutional Declaration amended in accordance with this agreement and the Libyan legislations in force.

It shall have legal personality and financial independence.

2. The State Council shall express binding opinion to the Government of National Accord, with the majority decided by its rules of procedure, within twenty one (21) days of submitting draft laws, before submission to the House of Representatives.

The House of Representatives shall have the right to accept or refuse them.

3. The State Council shall express advisory opinion and offer necessary proposals to the Government of National Accord in matters relating to concluding of or acceding to international agreements.

4. The State Council must reply in writing to any request by the Government of National Accord within twenty one (21) days of the date of receiving it.

Article (20)

The State Council shall organize its work based on Annex 3 of this Agreement.

Article (21)

In its first meeting, the State Council shall elect its President, two deputies and a rapporteur, and shall develop its own bylaws.

The Council shall hold periodical meetings, the duration between which shall not exceed thirty (30) days.

Article (22)

1. The main headquarters of the State Council shall be in the capital, Tripoli.

It may hold meetings in any other city.

2. The term of the State Council shall end with the end of the term of the House of Representatives as per the text of this Agreement.

Article (23)

1. Without prejudice to its legislative competencies, the House of Representatives and State Council will, two months before concluding the work of the Constitution Drafting Assembly, establish a joint committee between them, which task shall be proposing laws on referendum and general elections as well as other relevant legislations necessary for the completion of the transitional period.

The draft laws shall be submitted to the House of Representatives for adoption.

2. The House of Representatives, the State Council and the Government of National Accord shall commit themselves to the promotion of cooperation and coordination between them so as to provide a suitable atmosphere for the conduct of the referendum on the Constitution and the general elections, as well as the peaceful transfer of power.

Article (24)

The State Council shall also be competent to examine and propose the necessary policies and recommendations for the following topics:

1. Support to the implementation of the Libyan Political Agreement.

2. Support to national unity.

3. Protection of the core foundations of society.

4. Economic and social development projects according to the Government’s programme and priorities.

5. Combatting terrorism, extremism, violence and exclusion.

6. Support to national reconciliation efforts and social peace through current mechanisms.

7. Voluntary and safe return of refugees and displaced persons.

8. The role of media in supporting peace efforts and rejection of the culture of violence and hatred.

9. Support and assist fact-finding commissions and anti-corruption institutions towards the conduct of their duties.

Article (25)

1. The State Council shall express its opinion in other matters on which the Government of National Accord wants to seek its advice.

It may, to that end, prepare the necessary notes, studies and reports, provided that when submitting its proposals it is guided by the standards and limitations that the Government specifies for it.

2. In order to fulfil its tasks, the Council may establish specialized committees from among its members.

Confidence Building Measures

Article (26)

1. All parties to this Agreement shall commit to collecting complete information on abductees and missing persons and submit it to the Government of National Accord, which shall commit itself to establish an independent body on missing persons pursuant to the provisions of Law 1 of 2014 within sixty (60) days of commencing the performance of its tasks.

2. All parties to the conflict shall, within thirty (30) days of the Government commencing the performance of its tasks, release persons held in their custody without legal basis or hand them over to the judicial authorities, which will determine within the following sixty (60) days whether they should be brought before the judiciary or released on the basis of Libyan legislations in force and international standards.

3. All parties shall participate in the provision of effective protection to the competent judicial authorities and enable them to review of all detention or arrest cases and an immediate release of all persons who are held or detained without legal basis.

The competent authorities shall take the necessary legal procedures in case of non-compliance with implementation.

4. Parties to this Agreement shall commit themselves to ensure that the power to hold detainees

and prisoners is exclusive to the competent judicial authorities and in officially recognized facilities as per the Libyan legislations in force.

5. Parties to this Agreement shall commit themselves to work towards the implementation of Law 9 of 2013 on Transitional Justice, including the appointment of the Board of the Fact Finding and Reconciliation Commission within ninety (90) days of the entry into force of this Agreement.

6. Parties to this Agreement shall commit themselves to maintain the independence of the National Council on Civil Liberties and Human Rights and support it to perform its functions properly.

This includes prison visits and inmate follow-up.

Article (27)

All parties to this Agreement shall commit themselves to cooperate with the efforts of the Government of National Accord, and the United Nations agencies as well as other relevant authorities to assist refugees and displaced persons in order to return voluntarily and safely as soon as possible to their areas, and facilitate the free, safe and unobstructed communication with humanitarian agencies and organizations.

The Government of National Accord shall commit to develop the necessary plans for the safe and dignified return of the internally displaced and refugees to their cities, within 90 days of the date of the ceasefire entry into force

Article (28)

In accordance with this agreement, all parties shall be committed to the following:

1. Lift the siege in all besieged cities and areas.

2. The Government of National Accord shall provide humanitarian assistance to areas and persons affected by the current conflict, while giving special attention to cities and areas that are most affected by the conflict.

3. Facilitate the provision of humanitarian aid by the Government of National Accord, civil society institutions or international organizations to those in need and refraining from obstructing such aid by any means.

This shall be implemented under the supervision of the state.

Article (29)

1. It shall not be permissible for any party to this Agreement to launch or participate in any media campaign that aim to incite or promote any form of violence, hatred, or threat to civil peace and national unity for any reason whatsoever.

2. The parties to this Agreement shall support the use of media to promote reconciliation, tolerance and national unity.

Article (30)

1. The Government of National Accord shall have full power and control over the all the Libyan

territory, all airports, maritime ports, land crossings and all vital installations in the Libyan State.

2. Parties to this Agreement shall affirm the need to track those who commit the crime of using force against the Government of National Accord's control over any airport, maritime port, land crossing or other vital installation, and the need to arrest and prosecute them so as to receive penalties established by the law.

3. All parties to this Agreement shall fully cooperate with measures taken by the Government of National Accord to open airports, maritime ports and land crossings, and to secure air, maritime, and land transportation and navigation.

It shall not be permissible to any party to this Agreement to take any action intended to obstruct air, maritime, and land transportation and navigation.

4. All parties shall commit themselves to ensure the safety of headquarters and properties that belong to the State and its different institutions and bodies, and to hand them over to it so they become under its full control.

Article (31)

All Libyan, males and females, shall have the right to free movement throughout Libya, and the right to travel abroad via any of the airports, maritime ports or land crossings.

No action shall be taken with the intention to restrict anyone’s freedom of movement except in accordance with the Libyan legislations in force and based on the orders of the competent judicial authorities.

Article (32)

The Government of National Accord shall continue to support the National Number System project to ensure several financial and administrative purposes, including the fair payment of salaries to Libyans in accordance with the Libyan legislations in force and without any discrimination.

Security Arrangements

Article (33)

1. The Libyan Army is the regular military force that comprise officers, non-commissioned officers and soldiers.

It undertakes defending Libya, maintaining national unity and the nonprejudice of the constitutional civil system as well as preserving public order and security when needed.

2. The police is a civil regular body with judicial powers, tasked with maintaining peace, public order and public health as well as ensuring security, tranquility and the application of laws and regulations, in addition to combating crime before it takes place and arresting its perpetrators upon its occurrence, and protecting lives, money and properties.

3. The Government of National Accord shall commit itself to activate the security institutions at the top of which is the army and police, and to support and develop them based on professional and national bases, taking into consideration the importance of recruiting new elements who are able to enhance the capacities of the Libyan army along with the current military units and formations

Article (34)

1. The interim security arrangements shall work towards ending the armed conflict in Libya, confronting terrorist threats, and stabilizing security in the country.

2. The Government of National Accord shall be responsible for the implementation of the interim security arrangements, through its official bodies including the army, police and security institutions, in coordination with the National Defence and Security Council and with the support of the United Nations and the international community, while respecting the Libyan national sovereignty.

3. The interim security arrangements shall comprise:

a. Ceasefire arrangements,

b. Arrangements for the withdrawal of armed formations from cities, residential areas and critical infrastructure installations.

c. Monitoring arrangements for disarmament as well as weapons and ammunition cantonment across the country within a specific timetable.

d. Arrangements for confronting the terrorist threats in the country.

e. Monitoring and verification mechanisms with regards to the aforementioned arrangements.

4. The Government of National Accord shall undertake the power to take the necessary measures in support of the stabilization of the country, as well as the implementation of the security arrangements in accordance with the agreed measures and timelines attached to this Agreement, in a manner that is consistent with the decisions issued by the legislative authority, or decisions that will be issued in the future in this regard.

Article (35)

All interim security arrangements stated in this Agreement shall not restrict the efforts of the Government of National Accord aimed at combatting terrorist organizations that are classified under the relevant Security Council resolutions;

such organizations include ISIS – Ansar Al Sharia and Al Qaeda.

Article (36)

The Government of National Accord, through its different relevant institutions, including the army and police, shall take the necessary steps to combat terrorist threats in Libya that threatens the national security and social peace.

This includes the adoption of the necessary plans and strategies as well as their implementation mechanisms in accordance with Libyan legislations, international humanitarian law and international human rights law, as well as Security Council resolutions on antiterrorism.

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.

2. The Government of National Accord, after consulting the House of Representatives and the State Council, shall have the right to request the necessary assistance for the Committee from the United Nations, the international community and relevant regional organizations.

3. The tasks of the Committee shall include:

a. Supervising the implementation of the ceasefire and the temporary redeployment of armed formations according to the agreed arrangements and timelines.

b. Investigating reports on ceasefire violation and taking any suitable measures in this regard.

c. Taking the necessary decisions related to the withdrawal of armed formations form cities, residential areas and vital installations, as well as cantonment and disarmament of all weapons and ammunition.

d. Facilitating the withdrawal of armed formations to specific assembly areas outside cities, and monitor these areas to ensure compliance with the ceasefire plan.

e. Facilitating the delivery of humanitarian aid.

f. Taking the necessary procedures and developing the operational plans for the implementation of this Agreement.

g. Other necessary tasks for the Committee to perform its work.

4. The Committee shall develop mechanisms as required to facilitate the participation of community leaders in the implementation of the ceasefire, disengagement, redeployment and disarmament.

The Committee shall conduct the necessary consultations with representatives of armed formations when needed.

Article (38)

1. The comprehensive and permanent ceasefire agreement shall enter into force throughout Libya as of the date of the signing of this Agreement.

The parties to the conflict shall commit themselves to immediately cease hostilities and freeze any military movement once the ceasefire enters into force.

The Committee shall supervise the disengagement arrangements between the forces according to a written plan and timetable to be agreed within fourteen (14) days of the entry into force of the ceasefire.

The Committee shall develop the necessary plans for the implementation of that.

2. The ceasefire plan shall include a definition of acts that constitute a violation to the ceasefire and violations reporting mechanism as well as mechanisms for the implementation of the ceasefire plan.

Article (39)

1. Armed formations shall withdraw from all cities and residential areas, and redeploy in specific and agreed upon locations at an agreed upon distances outside the cities, based on written plan and timetable to be agreed within thirty (30) days of the entry into force of the ceasefire, provided that the Committee develops the necessary plans for the implementation of that.

2. The Government of National Accord shall take the necessary decisions in relation to the formation and deployment of units of the army and police units to maintain security and order in areas from which conflicting forces have been vacated, as well as ensure the safety and orderly functioning of the judicial authorities.

Article (40)

1. Armed formations shall withdraw from all vital and infrastructure installations, including airports, ports, border crossings, oil installations, power plants, vital water installations, and governmental headquarters, to specific and agreed upon locations.

The Government of National Accord shall assume full control over the vital and infrastructure installations according to written plan and timetable to be agreed within thirty (30) days of the entry into force of the ceasefire, provided that the Committee develops the necessary plans for the implementation of that.

2. The Government of National Accord shall take the necessary action for the formation and deployment of units of the army and police to protect vital and infrastructure installations.

Article (41)

1. The Government of National Accord, through the army and security institutions, in accordance with the relevant procedures and laws, and in coordination with armed formations and municipal councils, as well as with the supervision and assistance of the United Nations, shall collect all heavy and medium weapons as well as related ammunition based on written plan and timetable to be agreed within sixty (60) days of the entry into force of the ceasefire.

The categories of weapons and ammunition as well as storage areas for ammunition that will be cantoned and the location of cantonment shall be determined and agreed in writing, provided that the Government of National Accord specifies subsequent phases for the cantonment process and the needed timelines for their conclusion.

2. The Government of National Accord shall, in coordination with relevant bodies, take the necessary measures to organize possession of light weapons.

Article (42)

Until the decision on their disbanding and integration has been implemented and the status of their members has been settled, all armed formations shall commit themselves to the provisions of the Libyan legislations in force, international humanitarian law and the international human rights law, especially with regards to the protection of civilians and the provision of safe passage and freedom of movement for them.

Article (43)

Upon its endorsement, the Government of National Accord shall be the one and only authorized body to import arms and ammunition in accordance with Libya’s international obligations, including the relevant United Nations Security Council resolutions.

Article (44)

The Government of National Accord shall ensure that the authority to detain or arrest persons is strictly limited to statutory law enforcement bodies, and that such authority is exercised in compliance with Libyan legislations in force, international human rights law and international humanitarian law.

In all cases, no arrests or searches shall be conducted without the written warrant from a competent judicial body, except in cases of flagrant delicto, in which case the person shall be immediately referred to the competent judicial authority.

No armed formation shall be granted the authority to arrest or detain persons, and the necessary legal measures shall be taken to ensure this.

Article (45)

1. The Government of National Accord shall work towards activating all existing laws, decisions and regulations in force and develop the necessary arrangements related to the integration and rehabilitation of members of armed formations according to a suitable timetable.

It may submit new draft laws to the House of Representatives as it deems necessary and appropriate for the implementation of this purpose.

2. The Government of National Accord shall work according to a specific timetable to account for all armed formations.

3. The Government of National Accord shall work towards developing strategies and plans that aim to, integrate and rehabilitate members of the armed formations into civilian and military state institutions, and shall provide them with job opportunities to live in dignity within the Libyan society.

4. Members of armed formations shall have the right to join the State’s military institutions whenever they fulfil the conditions and standards necessary for that.

Article (46)

The start of implementation of the security arrangements in accordance with the stipulations of this Agreement shall coincide with the formation of the Government of National Accord.

Constitutional Process

Article (47)

The parties affirm the importance of committing to finalize the constitutional process as per its decided timelines to end the transitional period.

Article (48)

All parties shall commit themselves to respect the independence and impartiality of the Constitution Drafting Assembly, and the Government of National Accord shall commit itself to undertake all necessary measures to guarantee the security of the Assembly and create a suitable environment that would enable it to work freely, independently, and in a manner that allows it to have unhindered access and communication with all sections of the Libyan society, inside and outside Libya.

Article (49)

The Government of National Accord shall commit itself to provide the necessary financial and logistical support to the Constitution Drafting Assembly, in order to be able to perform its duties in the best possible way and to be able to finalize a permanent constitution that is capable of articulating the ambitions and aspirations of the Libyan people.

Article (50)

All parties call on the Constitution Drafting Assembly to expedite the development and announcement of a roadmap along with a clear timetable for the remaining phases of its work, as well as work towards finding a suitable way for the all cultural components to participate in the work of the Assembly.

Article (51)

The Constitution Drafting Assembly will take the opinion of the House of Representatives and the State Council on the draft constitution upon the completion of the final draft and before it is sent for referendum.

The remarks of such bodies must be sent in writing to the Assembly within one month of them receiving the draft constitution.

Article (52)

The work of the Constitution Drafting Assembly shall continue until a date no later than 24 March 2016.

In case the Assembly is not able to conclude its mission by that date, a committee consisting of five representatives from each of the House of Representatives and the State Council with the participation of the Presidency Council of the Council of Ministers, shall be formed at a date that does not exceed two weeks of that date to deliberate regarding this matter.

Specialized Institutions and Councils

Article (53)

A supreme council for local administration shall be formed, the location of which shall be the city of Sabha.

It aims at promoting cooperation and coordination between municipal councils and the relevant competent executive authorities according to law 59/2012 on the system of local administration.

The Council shall also work towards supporting the implementation of confidence building mechanisms stipulated in this Agreement and setting the foundation of local administration.

Article (54)

The Government of National Accord shall establish a reconstruction commission to coordinate reconstruction efforts in areas affected by the conflict.

Article (55)

Within forty five (45) days of receiving the vote of confidence, the Government of National Accord shall commit itself to submit to the House of Representatives a draft law on the terms of reference and work system of the National Defence and Security Council, while taking into account the creation of mechanisms that allow the Council to communicate with representatives of armed formations in relation to issues that concern them.

International Support

Article (56)

The Government of National Accord may request the Security Council to issue a resolution that endorses this Agreement and supports its implementation, especially in relation to the provision of necessary international assistance to implement it.

Article (57)

The Government of National Accord may request the support and assistance of the United Nations Support Mission in Libya and regional organizations towards the development and adoption of a comprehensive plan for international support to the Libyan state institutions throughout the remainder of the transitional period, especially to consolidate security stabilization throughout the country, particularly in the capital, Tripoli, provide financial and economic stability and addressing the difficult humanitarian situation, including the status of the displaced and refugees.

The Government of National Accord shall work with UNSMIL towards the coordination of international community efforts during the implementation of this plan through a mechanism adopted by the Government of National Accord, including the establishment of a specialized technical support unit, under the Presidency of the Council of Ministers, for this purpose.

Article (58)

The Government of National Accord, in cooperation with UNSMIL, the League of Arab States and regional organizations, shall organise as soon as possible an international conference to mobilise and coordinate international support for Libya in all aspects relating to capacity-building and good governance, as well as combatting terrorism.

Final Provisions

Article (59)

1. Parties to this Agreement shall commit themselves to give special priority to making the capital, Tripoli, which is the headquarters for the Government of National Accord, a safe place for all Libyans, and activate the concerned state institutions, especially the police service, so as to carry out their tasks fully to maintain security and order as per the law.

2. Parties to the Agreement shall commit themselves to give special importance to addressing all aspects of the security situation in the city of Benghazi.

The Government of National Accord shall establish a special committee for this purpose, which shall submit its recommendations on means of remedy within a period that does not exceed thirty (30) days of the Government commencing the performance of its tasks.

3. In activation of their commitment to decentralization of the state within the framework of State unity, institutions, boards and commissions stemming from this agreement shall be committed to hold regular meetings outside their main headquarters, especially in cities of the south.

Article (60)

1. All parties shall commit to refraining from taking any action or decision that contradicts in any way with the items of this Agreement.

They shall also work towards supporting this Agreement by all ways and means possible.

2. All parties shall commit themselves to respecting the institutions that stem from this Agreement.

They shall pledge to support such institutions and not prejudice their independence or the competencies conferred on them.

Article (61)

Parties to the Agreement shall give extreme priority to the need to promote cooperation and coordination between the bodies and institutions that stem from this Agreement to enhance stability, security and national reconciliation until the Constitution has been adopted, while stressing the importance of giving extreme priority to ensuring the functioning of institutions in a manner that achieves public interest.

Article (62)

The Presidency Council of the Council of Ministers shall form a committee of specialists to consider laws and decisions issued by relevant entities from August 2014 until the adoption of this agreement, which resulted in legal, financial and administrative commitments to the Libyan state, with the aim of finding suitable solutions.

Article (63)

The Government of National Accord shall commit itself to take the necessary measures towards accounting for and returning offshore Libyan funds.

Article (64)

The Libyan Political Dialogue may convene after the adoption of this Agreement at the request of any party to the Agreement to examine what it deems a severe breach to one of its items.

Article (65)

The Constitutional Declaration shall be amended in accordance with the stipulations of this Agreement as per the legally stated procedures and according to the proposal in Annex 4 of this Agreement within a date that does not exceed 20 October 2015.

Article (66)

Based on legal rules of international and national laws, additional provisions and annexes are considered an integral part of the Agreement, and have the same legal force and authenticity with regards to their implementation.

Additionally, according to the rules for interpretation of legal texts, all articles of the Agreement and annexes must be interpreted as one package in a manner that ensures unity between them.

Article (67)

This Agreement shall enter into force once it is endorsed and adopted in its entirety and signed by parties to the Libyan political dialogue.

Skhirat 17 December 2015

Additional Provisions

Article (1)

The Transitional period mentioned in the Libyan Political Agreement is the period that proceeds the adoption of the Agreement until the convening of the first session of the legislative authority in accordance with the Libyan constitution.

Article (2)

After the adoption and endorsement of the Libyan Political Agreement, the Government of National Accord shall be considered the sole executive authority in the country and all executive decisions issued by other than the Government of National Accord shall be deemed null and void and shall not be taken into legal consideration.

Article (3)

The consultation mechanism for reaching consensus as stipulated in the Libyan Political Agreement shall require the agreement of the House of Representatives and State Council on issues stipulated in the pertinent articles.

Article (4)

The Government of National Accord shall commit itself to present draft laws that it prepares to the State Council prior to referring them to the House of Representatives.

Article (5)

Decisions of joint House of Representatives and State Council committees elaborated in the Agreement shall be taken by consensus agreement.

Article (6)

In line with the best international practices and standards, the national disarmament, demobilization and reintegration (DDR) programme shall be guided by the principles of non-discrimination and transparency, as well as fair and just treatment in a manner that ensures a dignified life for its participants and acknowledges their sacrifice.

Also, national commitment to their integration in state civil and military institutions after providing them with the necessary training.

Article (7)

In line with the best international practices and standards, commit to activate security institutions, at the top of which are the army, police and affiliated security services, in a manner that ensures their professionalism, patriotism and transparency, as part of the overall institutional reform and rebuilding that is essential for state institutions.

This shall be consistent with the principles of rule of law and the non-prejudice of the constitutional system and human rights.

Also, all those who are proven to have been involved in the perpetration of crimes against the Libyan people shall be excluded.

Article (8)

All powers of the senior military, civil and security posts stipulated in the Libyan legislations and laws in force shall be transferred to the Presidency Council of the Council of Ministers immediately upon signing this Agreement.

The Presidency Council must take a decision on the occupants of such posts within a period that does not exceed twenty (20) days.

In case a decision is not reached during this period, the Presidency Council shall take decisions on new appointments within a period that does not exceed thirty (30) days, while taking into account the Libyan legislations in force.

Article (9)

In case the Prime Minister’s position becomes vacant for any reason whatsoever, the two deputies shall alternate the Presidency of the Council of Ministers between them until consensus is reached on a replacement in accordance with the stipulations of this agreement.

Article (10)

In case one of the Deputy Prime Minister’s positions becomes vacant, he shall be replaced through the same mechanism used for his selection and by the same party.

Article (11)

Institutions that emanate from the Libyan Political Agreement shall guarantee that there would be no prosecution of any individual merely for fighting adversaries during the conflict.

This guarantee does not apply to anyone who may have committed war crimes, crimes against humanity and other crimes under international law, as there shall be no impunity for such crimes.

Article (12)

All institutions stipulated in the Libyan Political Agreement shall derive their legitimacy from the Constitutional Declaration and its amendment as annexed to this Agreement after its endorsement and adoption in its entirety, signing and entry into force.

Should it be necessary to introduce

subsequent amendment to the Constitutional Declaration that affects, whether directly or indirectly, the Agreement or any of the institutions that emanate from it, the House of Representatives and State Council shall commit to achieve consensus among themselves to agree on the format of such amendment.

The final endorsement of this amendment shall be given by the House of Representatives, without amendment, based on the mechanism stipulated in the Constitutional Declaration.

Article (13)

Any legal dispute over the interpretation or implementation of the Libyan Political Agreement and its annexes shall be referred to a committee comprising the chairmanship of a judge from the Supreme Court who shall be nominated by the Court’s general assembly and agreed by the two parties, and the membership of two members from each of the House of Representatives and State Council, who shall be selected by their respective authorities.

The committee shall take its decisions with the majority of its members within a period that does not exceed fourteen (14) days of the date on which the request was submitted to it.

The decisions of this committee shall be final, binding and public.

The Committee may seek a technical advisory opinion from the United Nations Support Mission in Libya whenever it sees a need for it.

Article (14)

Once the Agreement enters into force, all decisions and laws that were adopted during the period 4 August 2014 and the entry into force of this Agreement, and that contradict the items of this Agreement and its annexes, shall be deemed cancelled and must be addressed in accordance with

mechanisms elaborated by this Agreement, in a manner that takes into consideration the national interest, the interests and obligations of the Libyan State as well as the spirit of consensus that prevailed during the dialogue.

Article (15)

The Government of National Accord shall commit itself to take the necessary measures towards accounting for and returning offshore illicitly acquired Libyan funds.

Annexes

1. Names of the candidates for the membership of the Presidency Council of the Council of Ministers

2. Priorities of the Government of National Accord.

3. Basic Rules for the Functioning of the State Council.

4. Constitutional Declaration amendment proposal.

5. Organizational principles for the administration of Libyan financial policies and national assets

6. Security Arrangements.

Annex (1)

Names of the Candidates for the Membership of the Presidency Council

of the Council of Ministers

1. Fayez Mustafa Al-Sarraj

President of the Presidency Council of the Council of Ministers

2. Ahmed Omar Meitig