Eye on the Libyan General National Congress: Eighth Report

[The following report was issued by Bokra Youth Organization and H2O Team on 20 May 2013. This is the eighth in a year-long series of reports covering the actions of Libya`s General National Council. This issue focuses on the period from 1 April to 15 April 2013. Click here to access the previous report.]

Eye on the Libyan General National Congress: Eighth Report

Introduction

The General National Congress held four sessions in this period, during which members of the Congress discussed three constitutional amendments that require debate and dialogue: reducing the minimum quorum for voting, electing vs. appointing the constituent committee for the constitution drafting, and the political isolation law. The law criminalizing torture, forced disappearances and discrimination was put to a vote. The GNC also discussed the draft law of transitional justice and a proposal submitted by the Foreign Affairs Committee regarding the designation of new ambassadors to a number of Arab and foreign states. The GNC decided to set up a committee to prepare the draft  law on the constituent committee for the constitution.

Sessions of the General National Congress

77th Meeting:

On Tuesday April 2, 2013 the items discussed during the session included: constitutional amendment 1/2013, restructuring the National Elections Commission, and the draft law on transitional justice. 

Regarding the first item, official spokesman of the National General Congress Omar Hmeidan pointed out that they had already discussed the issue at length at the March 31 session, where it was decided to table the discussion until Tuesday. Hmeidan stated that this move resulted from some GNC members preferring to examine it more closely before voting, so  no decisions have been made regarding the constitutional amendment; it is expected that the voting would be delayed until the upcoming session, although some members objected to this postponement. Regarding strengthening the political isolation law, Hmeidan stated that a proposal was discussed which stipulates the addition of a new article to constitutional declaration No. 6 that precludes Libyans from engaging in politics for a limited duration in the name of preserving the principles the February 17th Revolution.

Regarding the constitutional declaration, Hmeidan stated that a proposal was presented relating to the reduction of the quorum, or minimum presence, for voting. The current rule necessitates two-thirds of members be present to participate in votes pertaining to constitutional amendments, and achieve majorities of half plus 1 for ordinary resolutions, and 120 votes for important resolutions. The submitted proposal stipulates that the minimum quorum for voting shall be 100+1, which facilitates decision making processes, particularly relating to the accountability of the government. Hmeidan highlighted that this proposal is supported by some members of the Congress, and opposed by others, so discussion continues.

GNC member Majda Alfalah commented that the political isolation law has become accepted by parliamentary blocs, as isolation will include all those who were involved with the former regime and will not be eligible to retain sovereign posts or file a complaint at the court. In relation to the amendment on voting, Alfalah made it clear that debate is still ongoing on the proposal submitted by the legislative committee. She clarified that the parliamentary blocs still prefer to postpone voting. Regarding the election of the constituent committee, Alfalah said after the issuance of a revocation by the Supreme Court against the Transitional Council decision pertaining to the election of the committee and the return of the matter to the GNC, parliamentary blocs agree on the legislative committee`s proposal.

Regarding the deliberations of the day‘s session on the issue of transitional justice, Hmeidan said that it was requested the Minister of Justice personally attend and give his opinion. Likewise, it is worth noting that during the session some members submitted a proposal to the GNC chair concerning the amendment of article 1 of the constitutional declaration. Sawan Milad confirmed the change, saying that Sharia is the main source of legislation and the proposal submitted by GNC members stipulates  the addition of a text to the law which reads ”any contravening law or legislation shall be deemed null and void.” He also added that the number of those who agreed that this proposal should be drafted by the GNC legislative committee and included on the agenda of the following session were 75 GNC members.

78th Meeting: 

On Sunday April 7, 2013 64 members were absent during the session. Voting had been scheduled on an amendment of article 30 on the temporary constitutional declaration and on the political isolation law. Due to absenteeism the quorum was not reached, so it was decided to delay voting on the draft constitutional amendment until the Tuesday April 9 session. It is worth mentioning that some consider this absence an attempt to disrupt voting. A list of the names of absent members was issued. The agenda, which was tabled, includes continuation of discussion on the draft transitional justice law, consideration of the law criminalizing torture, forced disappearances and discrimination submitted by the legislative committee, as well as examination of the proposal submitted by the Foreign Affairs Committee pertaining to appointment of new ambassadors in a number of Arab and foreign countries, as follows:

• Mohamed Faiez Jebril, Ambassador to Egypt
• Ashour Saied Ben Khayal, Ambassador to Portugal
• Abdulbasset Abdulgader Albadri, Ambassador to Saudi Arabia
• Mahfodh Rajab Erhaiym, Ambassador to Ethiopia
• Fathi Mohamed Albajaa, Ambassador to Canada
• Ahmed Yacoub Yosef,  Ambassador to Greece
• Hassan Ali Alsaghayer, Ambassador to Senegal
• Ahmed Omar Ameish, Ambassador to Romania

The GNC also deliberated on a proposal that states the last week of every month should be dedicated for GNC members to return to their constituencies. The National Forces Alliance Bloc expressed their reservations on voting on the political isolation law. GNC member Abdelfatah AlHalboos of the Alliance Bloc made it clear that their withdrawal resulted from non-consensus of all blocs on the modifications to the law, so the Alliance decided not to enter into conflict with those blocs. Regarding the constituent committee, GNC member Mohamed Amari Mohamed Zaid mentioned that some GNC members are pushing for appointment although it had been previously decided to utilize direct elections, and that the rest of members are in disagreement. Majda Falah said that the members of the GNC representing Tripoli and local councils in Tripoli have agreed that there should be 13 municipalities in Greater Tripoli provided that, later on, one province will encompass all of them.

79th Meeting:

During the Tuesday April  9, 2013 morning session, the GNC discussed the law criminalizing torture, forced disappearances and discrimination submitted by the legislative constitutional committee. 81 of 120 members voted in favor of passing this law. It is worth noting that this law is not retroactive; it shall come into force on the date of issuance. During the afternoon session, after substantial debate and discussion the GNC approved the amendment of the constitutional declaration following voting; 140 of 144 members voted to endorse the amendments as follows:

1. Adoption of the political isolation law
2. Changing the quorum for passing the political isolation law to a minimum 101 votes instead of 120 votes
3. Direct election of the constituent committee. It is worth noting that passing the proposed amendment of the constitutional declaration took place after GNC members and parliamentary blocs debated with the aim of achieving a consensus on the constitutional amendments and indeed, that was what happened.

Commenting on the adoption of the political isolation law, the Libyan Observatory for Human Rights issued a statement on Thursday April 11, 2013 in which it described the process as a constitutional contravention and an unprecedented violation of the rights of citizens. The Observatory made it clear in its statement, that this process is the imposition of partisan, political and personal interests. It went on to say that approving the law is a crime against humanity that should not be overlooked.  Likewise, the Observatory cautioned the GNC as the legislative power in Libya; it may deviate from its track and that by this decision the GNC will drag Libya into an era similar to the previous one as it will be the beginning of a series of violations.

In the same vein, Mahmud Shamam commented on the adoption of the political isolation law, saying that this adoption is deemed a gross infringement on the principle of separation of powers, as it will open the door for exceptions on the pretext of sensitivity or criticalness, citing the stage of revolutionary transformation as an example. He underlined that this law would be breached extensively and by adopting it, we degrade it and send a message to the whole world indicating that  this law relies upon suspicion. It is worth mentioning that while GNC sessions were being convened, there was a demonstration outside its premises, demanding the adoption of the political isolation law.

GNC Amendment to the Constitutional Declaration

On Wednesday April 10, 2013 the GNC passed amendments on the draft amendment of the preamble of the draft constitutional amendment 3/2012, voted on the political isolation law, and on article 30 of the draft constitutional declaration. These proposed amendments were as follows:

• Reference shall be made to the Supreme Court ruling on constitutional amendment 3/2012, promulgated on July 5, 2012
• Deletion of the last paragraph of the preamble
• Article 1: a new paragraph shall be added to Article 6 of the Constitutional Declaration, which shall read as follows:
  • It is not a violation of the provisions of the declaration to prevent some persons from occupying sovereign posts, and jobs and posts in the high administrations of the state for a temporary period, provided that this is carried out within the context of the law, so as not to contravene the principles of human rights in the right of litigation for those concerned.
• Article 2: voting on the political isolation law shall by a majority of 101 members
• Article 3: The text of article 30 of the temporary constitutional declaration shall be amended to read as follows:
  • The GNC, within a period not exceeding 90 days of its first meeting shall undertake the following:
    • Appointment of a prime minister who, in turn, shall propose the names of his government provided that they gain the approval of the GNC before commencing their functions as an interim government. Likewise, the GNC shall designate the heads of sovereign ministries.
    • The High Commission of Election re-establishes a constituent committee through free direct voting made up of non-members to draft a permanent constitution for the country, will be called the Constituent Committee for Drafting the Constitution, and made up of sixty members akin to the sixty-member committee that was set up to prepare the constitution of Libya’s Independence in 1951. The GNC shall define linguistic and cultural criteria and controls. When electing this committee, all segments of Libyan society must be represented.
    • Proposals of the Constituent Committee shall be passed by a two-thirds plus 1 majority of its members. It shall finalize the formulation and adoption of the draft constitution within a period not exceeding 120 days after its first meeting.

80th Meeting:

On Sunday April 14, 2013 the minutes of the three previous sessions were adopted, in addition to the discussion of the proposal of the foreign affairs committee on the appointment of new ambassadors. The GNC Media Office stated the GNC also considered two proposals submitted by the legislative committee on the amendment of the penal code, military procedures and Article 13 of Law 16/1985. The GNC also discussed the draft transitional justice law. During the morning session the GNC adopted the proposal submitted by the social affairs committee, which stipulates providing basic pensioners with 450 Libyan dinars and a bonus family allowance. It is worth mentioning that the basic pension is granted to widows and people with special needs.

Saleh Musbah Attayeb requested that the GNC focus upcoming sessions on the security situation in the south, mentioning that the GNC had discussed security vulnerabilities in the south. This issue raised immense controversy among GNC members,  and  discussion is still on-going. He added that GNC members expressed their dissatisfaction concerning the performance of the military governor, Chief of Staff and the interim Minister of Defence in the southern region. It is worth noting that the South is still subject to attacks by illegal armed groups and gangs specializing in smuggling, creating a state of chaos and confusion amongst the residents.

The GNC also decided also to set up a committee to prepare the draft law on the constituent committee to draft the permanent constitution of the country, chaired by GNC member Suliman Awad Zoby.

Laws Passed by the General National Congress 

• Law 10/2013 on the criminalization of torture, forced disappearances and discrimination dated April 14, 2013:
  • By virtue of this law, Article 1 declares, whoever kidnaps, detains a person or deprives him of his personal freedom by force, threat or deception, shall be imprisoned for a period no less than seven years, and a period no less than eight years if this act is committed with the intent to gain money in return for releasing that person once the culprit achieved his purpose.
  • Similarly, Article 2 stipulates imprisonment for no less than 5 years to whoever, either personally or indirectly, inflicts physical or mental suffering on a detained person under his control in order to coerce him to confess to a crime, whether he has or has not committed it or because of discrimination, or revenge regardless of the motivation. The same punishment shall be imposed on whoever keeps silent about torture and was able to stop it. Likewise, the law prescribes imprisonment for no less than 10 years if torture results in serious harm, and a life sentence in case of the death of the victim.
  • Article 3 stipulates the punishment of whomever deprives any person of his rights because of his affiliation to a certain category, group or region or because of his race, ethnicity or skin color.
  • Article 4 prescribes the penalty of jail for a period of no less than one year and a half to any public servant who discriminated between Libyans on regional, tribal or ethnic grounds or with regard to their entitlement of benefits or services with the aim of depriving them thereof or hindering them from benefiting from them or inhibiting their ability to obtain them.
  • In accordance with Article 5, the same penalty shall apply to any political, executive or administrative official or military commander or any person acting for the military commander, if the crimes, provided for in the previous articles, were committed by a force under his command or by an employee under his responsibility, once it becomes clear that he did not take the necessary measures to prevent committing the violations or neglected to expose it while able to do so through disciplinary measures or investigation or prosecution.
  • Article 6 cancelled any provision that may contravene the provision of this law, whereas Article 7 stipulated the publication of this law in the official gazette and entry into force on the date of promulgation.
• Law 29/2013 regarding the withdrawal of GNC decision 24/2013: The GNC passed decision 29/2013 regarding the withdrawal of GNC decision 24/2013 on the creation of a committee to prepare a draft law relating to the election of the constituent committee that will draft the permanent constitution dated April 11, 2013. This decision stipulated the withdrawal of GNC decision 24/2013 and considered it void.
• Decision 30/2013 on the creation of  a committee to prepare a draft law relating to the election of the constituent committee: 
  • The GNC passed decision 30/2013 regarding the creation of a committee to prepare a draft law relating to the election of the constituent committee that will draft the permanent constitution, dated April 11, 2013. This decision ruled that a committee will be formed headed by GNC member Suliman Awad Faraj Zobi. The committee set up by GNC decision 30/2013, includes the following members:
    • Shaban Ali Abusetta, GNC member
    • Mohamed Abdullah Attomi, GNC member
    • Attia Abdurrahman
    • Abdurrahman Assonosi
    • Saad Ehmeida
    • Abubaker Maroof
    • Mohamed Lagha
    • Emhemed Albarbar
    • Ramadan Abughalia
    • Salem Kishlaf
    • Assadeg Ksheir
    • Abdurrahman Hassan
    • Mustafa Lindi
    • Mohamed Embarek
    • Naema Jebril
    • Amina Algheweil
    • Khadija Barka
  • Article 2 of the decision assigned the committee to prepare the draft law on electing the constituent committee charged with the drafting the permanent constitution that was provided for in the temporary constitutional declaration and its amendments, and obliges it to submit this draft to the GNC in a period not exceeding 45 days of the date of promulugation.
  • Article 3 gives the committee the right to obtain assistance from anyone it deems necessary, such as experts, advisers and technicians.
• Law 31/2013 on the adoption of the legal opinions of the GNC legislative and constitutional committee: The GNC issued decision 31/2013 concerning the endorsement of the legal opinions of the GNC legislative and constitutional committees dated April 15, 2013. The GNC adopted the legal opinion of the GNC legislative and constitutional committee relating to the non-entitlement of political parties and entities to replace any GNC member who hold seats except in cases of withdrawing membership as provided for in the temporary constitutional declaration or the rules on GNC procedures.

Sources:

• Direct follow up of televised sessions
• The official website of GNC
• Portal of the GNC Media Centre
• Libyan News Agency
• Attadamin News Agency
• Alanba Newspaper
• Social media pages of GNC members and political parties of the GNC

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