Roadmap for the Preparatory Phase of a Comprehensive Solution

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Roadmap for the Preparatory Phase of a Comprehensive Solution
Date: 19 Nov 2020
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: Not signed, agreement mentions Libyan Political Dialogue Forum as the body reaching agreement.
Third parties: Not signed, agreement mentions support of United Nations Support Mission in Libya (UNSMIL)
Description: In this agreement, the Libyan Political Dialogue Forum, supported by UNSMIL, sets the plan for the interim (preparatory) governance institutions and defines the institutions and bodies relevant for the electoral process.

Agreement document: LY_191120_Roadmap.pdf (opens in new tab) | Download PDF

Main category: Page 2,
Article 2/ Governing Principles of the Roadmap
2. This road map shall emphasize full equality of all citizens, men and women, in rights and responsibilities of citizenship as per the Constitutional Declaration and international conventions ratified by the Libyan State. All authorities shall protect these rights and obligations.

Page 4,
Article 5/ Structure of the Executive Authority during the Preparatory Phase
6. In the formation of the Government of National Unity, competency, merit, and fair representation of the political and geographic diversity shall be taken into account; participation of cultural components shall be guaranteed, and the importance of real representation of women and youth shall also be taken into consideration. The representation of women shall be no less than 30% of leadership positions of the Government (ministers or deputies).

Women, girls and gender

Participation: Participation→Gender quotas
Page 4,
Article 5/ Structure of the Executive Authority during the Preparatory Phase
6. In the formation of the Government of National Unity, competency, merit, and fair representation of the political and geographic diversity shall be taken into account; participation of cultural components shall be guaranteed, and the importance of real representation of women and youth shall also be taken into consideration. The representation of women shall be no less than 30% of leadership positions of the Government (ministers or deputies).
Equality: Equality→Equality (general)
Page 2,
Article 2/ Governing Principles of the Roadmap
2. This road map shall emphasize full equality of all citizens, men and women, in rights and responsibilities of citizenship as per the Constitutional Declaration and international conventions ratified by the Libyan State. All authorities shall protect these rights and obligations.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

Roadmap

"For the Preparatory Phase of a Comprehensive Solution"

Based on United Nations Security Council Resolution 2510 (2020), which adopts the conclusions

of the Berlin Conference held in January 2020, which in turn calls for the creation of a Presidency

Council and an effective and unified Government of National Unity in order to pave the way for

ending the transitional period through free, transparent and credible presidential and parliamentary

elections;

Building on the Libyan Political Agreement as a general framework for the political solution, and

on the Constitutional Declaration and its amendments;

and based on Article 64 of the Libyan

Political Agreement;

In response to the popular demands expressed in the extensive consultative meetings that involved

multiple segments from Libyan society and various political stakeholders;

Discussions of the Libyan Political Dialogue Forum (LPDF) started in Tunis on 9 November 2020

under the auspices of UNSMIL;

After positive consultations and discussions, the participants of the LPDF agreed to resolve the

current political deadlock by resuming the political process aiming at holding presidential and

parliamentary elections as soon as possible, taking into account the need for serious and adequate

preparation, unification of institutions and provision of basic services to citizens.

This political process shall be called the "Preparatory Phase for a Comprehensive Solution”

and its aspects shall be defined as in the following articles:

Article 1/ Objectives of Roadmap

1. The overarching objective of the Preparatory Phase is to strengthen the political

legitimacy through presidential and parliamentary elections on a constitutional basis.

2. Forming a new executive authority to create the necessary conditions and circumstances

conducive for elections by addressing the following issues:

2.1.Establishing the national sovereignty over the entire Libyan territory and end the

foreign presence;

2.2. Providing security for the citizens and end the state of armed conflicts,

2.3.Unifying state institutions and liberating national sovereign decisions from any

material coercion or moral internal or external influence

2.4.Improving services and economic performance developing the work of state

institutions and the good governance of public resources;

2.5.Enabling local institutions and municipalities to carry out their duties;

2.6.Combating corruption and squandering of public money;

2.7.Protecting and promoting human rights;

2.8.Address the issue of the administrative numbers, according to the Libyan legislation

in force and to international agreements and conventions ratified by the State;

2.9.Launching a comprehensive national reconciliation process based on the principles of

transitional justice and promoting the culture of amnesty and tolerance in parallel

with truth-seeking and reparation.

Article 2/ Governing Principles of the Roadmap

1. This road map shall adhere to the governing principles of the Libyan Political

Agreement;

2. This road map shall emphasize full equality of all citizens, men and women, in rights and

responsibilities of citizenship as per the Constitutional Declaration and international

conventions ratified by the Libyan State.

All authorities shall protect these rights and

obligations.

3. This road map shall emphasize that democratic means ought to be invoked in the

management of political competition;

the rejection to resort to violence;

the acceptance

by all of the principle of peaceful transfer of power, and commitment to the rules of

integrity and transparency in elections, and acknowledge the results of elections.

Article 3 / Timeframe towards General Elections:

1. The "Preparatory Phase for a Comprehensive Solution" shall begin from the

declaration of the outcomes of the Libyan Political Dialogue Forum held in Tunis in

November 2020.

2. The "Preparatory Phase for a Comprehensive Solution" shall end with the holding of

presidential and parliamentary elections - in accordance with the constitutional process -

on 24 December 2021.

3. The LPDF shall follow up on the progress of issues of the Preparatory Phase according to

the specified dates.

Article 4 / Deadlines and rules governing the Roadmap:

Implementation of the Roadmap, the decisions and necessary measures shall be a joint

responsibility of all state institutions and political actors.

Dealing selectively with the texts of

legislation to obstruct progress of the Roadmap shall not be permissible.

The Roadmap for the Preparatory Phase shall be implemented according to the established rules

and schedule.

A. Constitutional and Legal Framework of the Electoral Process:

1. The institutions concerned with the constitutional process shall agree to accomplish the

constitutional arrangements within a period not exceeding 60 days from the beginning of

the Preparatory Phase.

2. The LPDF shall set up a Legal Committee to follow-up on the progress in the constitutional

process.

The LPDF shall define the structure and functions of the Legal Committee.

3. In the event of expiration of the period specified in paragraph 1 of this Article without

achieving the required result, it is for the LPDF to decide on the progress of the

constitutional process and the legislation needed for the achieving the elections

B. Sovereign Institutions and bodies relevant for the Electoral Process:

4. The executive authority shall commit to providing prompt financial support and fulfilling

the necessary logistical and security conditions for the High National Elections

Commission (HNEC) and state institutions concerned with electoral process, to enable

carrying out their duties in the best way possible.

5. The House of Representatives and the High Council of State shall agree on the sovereign

positions provided for in Article 15 of the Libyan Political Agreement within a period not

exceeding 60 days from the start of the Preparatory Phase.

In their agreement, the two

Councils shall respect the complete independence of the judicial authority and its selection

rules in accordance with the legislation in force and international standards for

independence of the judiciary.

C. Commitments and Deadlines

6. All state institutions shall work to fulfil their obligations on schedule.

They shall be held

accountable for their work before the Libyan people, and their work shall be monitored by

the LPDF.

7. In the event that the required decisions cannot be issued within the specified deadlines,

these decisions shall be referred to the LPDF to take action.

8. The LPDF shall meet periodically during the Preparatory Phase.

Its meetings shall be

facilitated and supported by UNSMIL.

9. Should the need arise, the LPDF shall convene upon a proposal of 25 its members or upon

an invitation by UNSMIL.

Article 5/ Structure of the Executive Authority during the Preparatory Phase

1. The executive authority shall consist of the Presidency Council and the Government of

National Unity.

The LPDF shall define their respective prerogatives.

2. The Presidency Council shall consist of a president and two deputies in accordance with the

geographical balance/three regions.

3. The Government of National Unity shall consist of the Prime Minister, two deputies and a

number of ministers.

4. The Presidency Council and Presidency of the Government of National Unity shall be selected

according to a mechanism agreed upon by the LPDF.

5. The LPDF shall determine the decision-making mechanism within the Presidency Council.

6. In the formation of the Government of National Unity, competency, merit, and fair

representation of the political and geographic diversity shall be taken into account;

participation of cultural components shall be guaranteed, and the importance of real

representation of women and youth shall also be taken into consideration.

The representation

of women shall be no less than 30% of leadership positions of the Government (ministers or

deputies).

7. Immediately from the date of granting confidence to the government and without further

actions, the full powers of the executive authority shall transfer to the new Presidency Council

and Government of National Unity, as per the prerogatives defined by the LPDF.

All existing

executive powers shall expire upon granting confidence to the new government

Article 6:

Priorities of the Executive Authority during the Preparatory Phase

1. The executive authority shall complete the administrative, financial and security

procedures necessary for the success of the elections through confidence-building

measures, including rehabilitation and regulating of the media sector in a manner that

preserves the national social fabric and creates general de-escalation.

2. Once there is agreement on the executive bodies, the process of national and social

reconciliation shall be launched to address the impacts of various conflicts ranging from

ending arbitrary arrest , forced disappearance, release of the prisoners of opinion and of

those who have been arbitrarily detained;

;

to work for the voluntary and safe return of

displaced persons inside and outside the country;

and reparations for damages without

prejudice to the right to litigation.

3. The executive authority shall promote human rights, positive cooperation with the judicial

institutions, law enforcement agencies, national and international protection mechanisms

and civil society organizations.

4. All public institutions and facilities shall be harnessed to serve all Libyans.

5. The executive authority shall commit to strengthening local governance and administrative

decentralization through the comprehensive development of relevant Libyan legislation.

6. The executive authority shall ensure the good management of public expenditures, and that

the principles of financial responsibility and transparency are adhered to.

7. The executive authority shall combat corruption and ensure effective cooperation with

oversight bodies.

8. The executive authority shall support the Civil Society Commission to perform its

functions and remove the obstacles and restrictions on the work of civil society institutions

without prejudice to public order.

The executive authority shall also take the necessary

measures to ensure respect for civil and political rights and shall ensure their regulation in

a manner that ensures freedom of expression and political organization and action.

9. The executive authority shall manage the foreign policy of the Libyan state in a manner

that maintains friendly and peaceful relations with regional and international partners in

accordance with the rules of good neighbourliness and mutual interests.

10. During the Preparatory Phase, the executive authority shall not consider any new or

previous agreements or decisions that harm the stability of foreign relations of the Libyan

State or impose long-term obligations on it.

Article 7/ Legal Framework of Roadmap

1. The Roadmap is an essential part and a general framework of the outcomes of the LPDF

and the Preparatory Phase for a comprehensive solution.

2. The outcomes of the LPDF combined shall be considered as one package after completion.

3. The outcomes of the LPDF combined shall be considered an added agreement to the

Libyan Political Agreement signed in 2015 as incorporated in the constitutional

framework.

4. The LPDF shall agree on only the necessary rules that govern the political process during

the Preparatory Phase.

These rules shall be a temporary legal measure.

Its provisions

should not be considered a principle or an established custom.