Eye on the Libyan General National Congress: Third Report

On Tuesday evening, 15 January 2013, Mr. Omar Hemedan, the official spokesperson for the General National Congress (GNC), held a weekly press conference to discuss the latest work and updates from the GNC in the past week. The following points came up:

With regards to hearing from the President of the Electoral Commission on the possible outlooks about forming the constituent body to write the constitution, Mr. Hemedan reported that the President of the Commission stated that the election law needs some modifications to comply with the process of electing sixty committee members, should they be elected via direct elections. This election process will take longer time than if the GNC decides to nominate the Constituent Assembly.

Mr. Hemedan additionally reported that there is a dialogue committee in the GNC that is studying the question of how to best form the sixty-member assembly. The dialogue assembly has decided to bring back this discussion to the broader Libyan society for several reasons, one of which is to avoid suspicion. In addition, the committee set a mechanism to consult with members of the society, one of which includes discharging the GNC for two consecutive weeks so a public discussion can occur about whether the sixty-member assembly should be elected or nominated.

The second order of business from the 15 January meeting was about whether to continue discussing the proposal calling for the previous transitional government to be held accountable. Hemedan confirmed that the GNC still cannot properly discuss this issue. The GNC currently has several conflicting opinions on this question, one of which suggests that transitional government officials be questioned by specialized committees in the GNC or by the Audit Bureau.

In addition, Mr. Moez Al-Khoga has taken the legal oath front of the Congress as the Ministry of the General National Congress Affairs. He will therefore serve as the primary liaison and point of contact between the GNC and the government.

Regarding, the visit of the President of the GNC to Italy, he reported that the visit was highly successful. In it he discussed various political, economic and cultural issues with Italian officials.

Finally, Mr. Hemedan reported that there are several committees still working on various issues, including the Political Isolation Committee, which consists of nineteen members. This committee has held four meetings in the past and should complete its work within the coming weeks. The committee has also established a mechanism that includes the participation of different civil institutions. Everyone who has something to contribute should present it to the committee via mail or by contacting the appropriate Congress member for their region.

There is also a committee working on a final version of the GNC`s internal bylaws and regulations. While the committee is responsible for drafting these bylaws, any Congress member can submit a proposal to this committee.

The General National Congress Meetings:

From 20 January through 27 January, the GNC selected to hold secret meetings.

Fifty-Seventh Meeting:

The agenda for 20 January 2013:

• Introduce the draft resolution which was submitted by the Prime Minister regarding the opening of monthly credits and the need for provisions in accordance with the legislation currently in place.
• Present the proposal put forward by thirteen members about Article 8th of the Rules of Procedure for the local councils issued by the interim National Transitional Council (No. 176 of 2011). Article 8 states the following: "In all cases, the decision to end memberships will not be valid until it is confirmed by the interim National Transitional Council."
• Present the proposal submitted by the Committee of Labor and Social Affairs, Youth and Sports, which proposes the addition of a new article to the Social Security Act No. 13 of 1980.
• Open a discussion about creating policies for members of the constituent body to draft the constitution.

Summary:

• Approval of the proposal which was submitted by the Prime Minister on a resolution to give the government permission to open monthly temporary credits, based on (1/12) from the 2012 fiscal year for Articles 1, 2, and 4 from the general budget for fiscal year 2013.
• Transferring the proposal put forward by some members about the amendment of Article 8th of the internal rules of the local councils, by decision No. 176 of 2011, to the Local Government Commission and Legislative commission for consideration. The commissions should report back to the Congress about this amendment.
• Approval of the proposal submitted by the Committee of Labor and Social Affairs to add a new article to the Social Security Act No. 13 of 1980. This addition states that when there is an increase in the pay of state workers, pensions for retirees will increase by the same percentage in correspondence to the degree of their pension at retirement. Moreover, the pension of assumed pensioners and those with pensioners insurance will increase by a middle amount between the minimum and maximum of the increase that was approved.
• Continuation of discussions about the regulations and criteria of members of the constituent body to draft the constitution. Congress members suggested many criteria and rules that should be used to form the body. The Social Dialogue Committee will draft the criteria based on what the members proposed and on suggestions that will come up in dialogue sessions held around the country.
• Agreement to discuss sovereign government positions (Attorney General, the President of the Supreme Court, the Governor of the CBL, Chairman Audit Bureau, the Chief of Staff and head of the General Intelligence Service) during the next meeting. There was also agreement to follow up with previous Congress decisions, as well as with procedures required for the formation of the Electoral Commission. The Electoral Commission will observe the formation of the Constituent Assembly, assuming it will be elected. The Commission will also observe the constitutional referendum.

Fifty-Eighth Meeting:

The agenda for 22 January 2013:

• Hearing from the Minister of Interior, the President of the General Intelligence, and Chief of the General Staff about the security situation in the country.
• Discussing the Family Bonus Law.
• Discussing the proposal presented by thirty-seven Congress members regarding the amendment adopted by the GNC about patrol chairmanship of the permanent commissions.

Summary:

During this meeting, the GNC approved the Family Bonus Law which stipulated that, starting from 1 January  2013, each family head will receive 100 dinars for each child that has not yet reached 18 years of age.

In addition, Mr. Hemedan stated that the Congress listened to the remarks of the Minister of Interior and the Chief of Staff, at the request of the Congress and the Presidential Office to discuss the security situation. They stated that security is not the responsibility of one single state entity, but it is the responsibility of everyone. They also claimed that Libyans should know that it is their responsibility to contribute to the upholding of security within the country. Mr. Hemedan also confirmed that the reason behind security provisions is to begin implementing development plans, providing the necessary services, raising the standard of living for the individuals, and facilitating access of services to citizens. This will be achieved by activating the Local Government Act via municipalities, making these municipalities independent administratively and financially, in order to provide the necessary services to citizens. In the upcoming days, the formal municipalities will be adopted.

Fifty-Ninth Meeting:

The agenda for January 27, 2013:

• Presenting the Family Bonus Law after the draft`s adjustment by the Legislative and Financial Commission of the Congress.
• Discussing a law project presented by the Council of Ministers to amend Law No. 59 of 2012 about the system of local administration.
• Presenting the Prime Minister`s writing directed to the President of the Congress about amending the renaming of three ministries, the Ministry of Foreign Affairs, the Ministry of International Cooperation, and the Minister of Higher Education.
• Presenting a recommendation to the Congress Foreign Affairs Committee about the appointment of each of the following gentlemen as Ambassadors in the Embassies later:
  • Mr. Salah al-Din Muhammad Bashari (Ambassador of Libya to China).
  • Mr. Muftah Ramadan Alteear (Ambassador of Libya to Mexico).
  • Mr. Anwar Abu Bakr Faitouri (Ambassador of Libya to Malaysia).
  • Mr. Sadiq Mohammed Othman Bin Sadiq (Ambassador of Libya to Indonesia).

Sixtieth Meeting:

The agenda for 29 January 2013:

• Discuss the project presented by the Council of Ministers to amend Law No. 59 of 2012 about the system of local administration.
• Suggest delegating the Presidency of the Congress to provide a proposal to the GNC on the restructuring of the Electoral Commission.
• Suggest delegating the president to nominate three members of the Congress to participate in the drafting of the constituent assembly elections law, provided that agreement is reached to elect the assembly.
• Presenting a recommendation to the Congress Foreign Affairs Committee about the appointment of each of the following gentlemen as Ambassadors in the Embassies later:
  • Mr. Salah al-Din Muhammad Bashari (Ambassador of Libya to China).
  • Mr. Muftah Ramadan Alteear (Ambassador of Libya to Mexico).
  • Mr. Anwar Abu Bakr Faitouri (Ambassador of Libya to Malaysia).
  • Mr. Sadiq Mohammed Othman Bin Sadiq (Ambassador of Libya to Indonesia).

Summary:

Salah El Makhzoom, the Second Deputy Chairman of the GNC, asked GNC members to vote on the project presented by the Council of Ministers to amend Law No. (59) of 2012 about the system of local administration. Mr. El Makhzoom noted that members should vote on each of the project articles individually. If the amendment is rejected, the law retains its original form and the government is committed to it.

In addition, Mr. El Makhzoom stated that any amendment is not confirmed unless it reaches the quorum, as stipulated in the constitutional declaration. The Local Government Act needs 120 votes for any amendment to be approved. If a quorum is not achieved, the proposal stays the same and the government is committed to it from today`s date. One should note that the proposal was rejected after the quorum was not achieved.

Before starting to vote on the first article, a verbal altercation occurred between Mr. Mohammed Maqarief (The President of the Congress) and Mr. Ibrahim Ghariani. Mr. Ghariani stated that the Congress works without an approved internal system, meaning that there is no accountability for any member or for the presidential office because the law does not recognize interim accreditation. He stated that the main concern should be to adopt the internal system so that all members can be made accountable, implying that he would be the first to be subjected to it. In his response, Mr. Mohammed Magarief stated that the decision to adopt the regulation is an interim one that was issued by the Congress, as a whole including Mr.Ibrahim Ghariani himself. He also stated that if Mr. Ghariani was absent, then this is not an excuse. Mr. Mohamed Magarief pointed out that this does not mean that it is a wrong decision, because the decision was made by required majority. He then called on Mr. Gharian to stop his unnecessary, exaggerated speech.

With regards to the second article, Magarief noted that the current actual number of member attendees at this session is ninety-nine members out of the original 190 members. Voting on the second article approved the President of the Congress to present a proposal to the GNC about the restructuring of the Electoral Commission within a week. The approval came about after seventy-four members voted for this proposal.

Magarief was surprised by the variety of statements given by GNC members. He noted that GNC members from one side demanded the need to expedite Electoral Commission matters and the formation of the Elections Commission. However, the Presidency also noted that when they set out to start to show the articles related to the elections and the Higher Electoral Commission, they found skepticism in the process of counting actual attendance and doubt in quorum of the Congress. He explained that the meetings quorum of the Congress is ninety-five members. He was also surprised after one member demanded a re-counting of the actual attendance, while another member questioned the quorum of the Congress, explaining that the quorum of the Congress was not available. In this regard, Mr. Mahmoud Abdel Aziz was astonished by all the noise and fuss about questionings of the count and about the Congress session quorum, explaining that the actual number of attendees at the beginning of the meeting was 124 members, noting that this question affects compatibility in the next stage.

With regards to the third article, the proposed suggestion has approved to nominate three members of the Congress to participate in the drafting of the constituent elections law, provided that that the Constituent Assembly will be elected not nominated.

Mr. Faraj Sassy was surprised about the disappearance of the proposal that was presented by seventy-three members to the Presidency of the Congress to accelerate the application of Article 30 of the Constitutional Declaration. Mr Sassy stated that the proposal was presented last Sunday, but that it was not scheduled for discussion during the day’s session.

On the other hand, Mr. Sassy asked the Presidency of the Congress to stop broadcasting the Congress meetings on air. Mr. Sassy explained that whenever the session is broadcasted live, a large number of speeches and exaggerated speech occurred.

Special Session held on 31 January 2013:

On Thursday, 31 January 2013, the GNC held a special meeting to discuss the performance of the Congress against the backdrop of some of the claims received from some Congress members. The meeting was devoted to particularly address the claims made by the first deputy chairman of the GNC Mr. Juma Ootaiqh, who criticized the general performance of the Congress and the Presidency in particular. The meeting concluded with the idea of formulating an Evaluation and Proposals Committee to improve the performance of Congress, its components and the administrative system. This new committee consists of seven members of the GNC.

Laws Approved by the General National Congress:

The GNC approved the Family Bonus Law which provides 100 LD per head of a family and for each child who has not yet reached eighteen years of age. The Law additionally applies to each unmarried female (even if her age exceeds eighteen), with the only condition being that she does not get paid nor receive a grant from any other source. The Law applies to divorced women as well as to Libyans married to non-Libyan husbands.

Sources:

• Official website of the General National Congress.
• Official Facebook page of the Press Office of the General National Congress.
• Social networking pages for parties and the members of the General National Congress.
• Eltadamon News Agency.
• Alanbaa News (Libyan news agency).
• Alanbaa Newspaper.
• Arow El bahir News (Libyan news agency).
• GNC Meetings aired live through National TV.

[Click here to download the full report.]

[Click here to download the report in Arabic.]