Eye on the Libyan General National Congress: Fourth Report

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Mar 24, 2013 Libya
[Eye on the GNC logo. Image from ignc.net.ly] [Eye on the GNC logo. Image from ignc.net.ly]

Eye on the Libyan General National Congress: Fourth Report

By : Jadaliyya Reports

[The following report was issued by Bokra Youth Organization and H2O Team on 9 March 2013. This is the fourth in a year-long series of reports covering the actions of Libya`s General National Council. This issue focuses on the period from 1 February to 15 February 2013. Click here to access the previous report.]

Eye on the General National Congress: Fourth Report

Introduction

The General National Conference (GNC) held five sessions during this period, the final one being 13 February 2013. These sessions were not broadcast on television due to strikes in the meeting hall by handicapped revolutionaries demanding reparations and healthcare benefits from the GNC.

Summary of General National Congress Sessions

61st Meeting:

On Sunday, 3 February, the GNC discussed the recommendations of the president of the GNC following meetings he held with party and bloc leaders and independents on Friday, 1 February.

The GNC reviewed Prime Minister Ali Zidane’s memo concerning confirmation of the following ministers:

  • Mohammed Hassan Abu Baker, Minister of Higher Education
  • Yusuf Mohamed Sharif, Minister of Information
  • Ali Abubakar Ghaddor, Minister of Welfare of the Families of Martyrs and the Missing
  • Ali Moftah Aobeid, Minister of Education
  • Abdul Salam Abu Saad, Minister of Religious Endowments

The GNC also reviewed updates regarding the procedure for drafting of the constitution.

In this session, handicapped revolutionaries demanding reparations and provision of care from the GNC stormed the hall, wielding weapons. While this was not the first time such an incident has occurred, it was the first time weapons were brought inside the corridors of the Congress, inciting panic and chaos. Negotiations between the protestors and Minister of the Wounded, Ramadan Zarmoh, are currently underway.

62nd Meeting:

On Wednesday, 6 February, Mr. Soloman Belhaj discussed the break-in that occurred during the previous session. Mr. Belhaj confirmed that the issue would be addressed and a settlement reached, even if the GNC is forced to hold sessions outdoors due to attempts to interrupt their work. He stated that working in a tent in this cold weather would be difficult, but may be necessary as these sorts of bold decisions must be made, for the sake of the Libyan people and the longevity of the state.

Mr. Abdulfattah Hablus declared the session exceptional in terms of timing and place despite the ordinary work agenda, due to the suspension that occurred following the break-in. In his discourse he remarked upon the discussion on the constituent committee, the GNC vote on the constitutional declaration that had been amended by the National Transitional Council, and how the GNC is still awaiting the Supreme Court’s ruling on the amendments. If the Supreme Court does not uphold the reforms in its upcoming vote, the document will return to its original form.

In accordance with the procedures in the Constitutional Declaration on forming the constituent committee, and following the GNC’s decision to elect a board, president of the GNC Dr. Mohammad Mgariaf and his first deputy Dr. Jum`aa Etaiga met with Mr. Nuri Abbar, the former chairman of the electoral commission. They discussed the restructuring of the electoral commission and the formation of a committee to prepare the election law.

In the evening session Mr. Muhammad Ammari discussed an incident that occurred in the previous meeting, which he described as shameful. He stated that GNC members were dissatisfied with the behavior of those responsible for inciting anger in the Libyan street by moving the tent to a different location so they could proceed with their sessions without interruption or delay. Mr. Ammari noted that GNC members were surprised by the entrance of a protestor into the tent, who accused members of the GNC of plotting with handicapped revolutionaries to break into the hall and attack them. He also added that the head of Tripoli security had provided evidence to the Prime Minister and the Deputy Minister of the Interior that two GNC members of the National Forces Alliance had instigated the scheme. A committee has been formed to investigate this matter, and Mr. Abdulmajeed Mlaigta, the head of the steering committee of the National Forces Alliance, has also issued a resolution to do the same.

63rd Meeting:

On Sunday, 10 February, in the hall of the Rexus Hotel, 142 of 190 GNC members discussed a number of matters, including Prime Minister Ali Zidane’s memo concerning confirmation of the ministers discussed in the 61st Meeting.

A sit in took place at the main entrance of the hotel, demanding speedy adoption of the political isolation law.

64th Meeting:

On Tuesday, 12 February, the GNC ratified the International Convention on the Rights of Persons With Disabilities. The GNC spokesman Mr.Omar Hmaidan announced in a press conference that Libya had finally become party to the convention, with provisions regarding paragraph 1 of Article 25. The convention aims to: define the rights of persons with disabilities, and try to support them, encourage their reintegration into society, protect their interests, and promote respect for their inherent dignity.

Mrs. Ebtisam Staita, a GNC member from Derna, remarked upon the ratification of the UN convention, and pointed out that some members refused to approve it because they had not read it. She added that the GNC legal, social affairs, and human rights committees had discussed the convention and reached a resolution on all the articles that address the rights and privileges of persons with disabilities, including benefits, special infrastructure, and suitable housing. Mrs. Staita also said that persons with disabilities will now enjoy full equal rights, with the exception of rights to sexual health, and reproductive services, which she contended contradicts with Islamic law and could result in sexual exploitation. The phrase “with no contradiction to Islam” was added as a safety measure to the document, and the convention passed with a majority vote.

The second item discussed was a proposal concerning the amendment of a provision of the Code of Criminal Procedure Part I (article 187). This article addresses crimes affecting state security, and the amendment proposed by the Ministry of Justice would lengthen the period of arrest without charges, justified by the current volatile security situation. The amendment was approved.

The third item discussed was the GNC’s refusal to amend Article 46 of the Civil Status Law (Law No. 36, from 1968). Under the previous regime, many people would change their ages to evade conscription or retire early. Some have called for an amendment that would render such petitions the responsibility of the Department of Civil Status rather than the courts. The decision on the adoption of this amendment was postponed until an explanatory memo has been submitted.

Mr. Omar Hmaidan announced in a press conference that the (GNC) would hold a special session on Wednesday,13 February to discuss a package of laws and legislation, including the law on the wounded of the war of liberation, and those with permanent disabilities who are members of the Libyan Heroes Society. Hmaidan also declared that the (GNC) would discuss the transitional justice law, the electoral commission law, and the political isolation law.

Special Session (65th Meeting):

On 13 February, the GNC discussed the law on the wounded of the war of liberation, as well as a proposition for appointing the members of the electoral commission, which will consist of three GNC members and six from the outside. They also reviewed the GNC president’s proposal calling for a GNC-led national dialogue, in addition to the political isolation law, and parliamentary absenteeism. Mr. Hmaidan clarified that the GNC has agreed to pass the law on the wounded of the war of the liberation and those with permanent disabilities who are members of the Libyan Heroes Society. A GNC committee has been formed to collect notes in preparation for the final adoption of the law.

The GNC also agreed to form a committee to lead the national dialogue and define its goals. Hmaidan also noted that the GNC discussed the transitional justice law, which provides the compensation for Libyans whose rights were violated by the former regime or during the transitional period. A fund would be established to pay reparations of all those affected socially, economically, or in other ways, in order to achieve reconciliation between Libyans and foster social peace through the construction of effective laws, institutions, and administrative systems that would obstruct exploitation or the misuse of public funds.

Hmaidan also announced that the GNC agreed to forming a committee to draft the law on the constituent committee. The drafting committee will consist of thirteen members, including three from the GNC (Shaban Abu-Sitta, Solomon Zoobi, and Mohammed Attomi). The other ten will be selected from outside the GNC.

Hmaidan said that the GNC had not yet voted on the political isolation law by request of the committee charged with drafting the billing the law draft, until it has been published by the media and reviewed by the majority of people, whose opinions will inform the final draft on which the GNC will vote.

GNC Resolutions

The GNC issued a number of decisions on Monday, 4 February, (Resolutions 5-8) concerning ambassador assignments:

  • Mr.Salah-Eddin Muhammed Bshari, Ambassador to China
  • Mr.Ramadan Muftah Tyari, Ambassador to Mexico
  • Mr.Nuri Abu-Baker Faituri, Ambassador to Malaysia
  • Mr.Assadey Muhammed Ben-Othman, Ambassador to Indonesia

Resolution 9 on the Initiation of the Formation of the Constituent Committee to Draft the Constitution: During the 6 February session the GNC issued a resolution concerning the initiation of the formation of the 60-member constituent committee. The resolution requires the necessary procedures begin immediately to elect the committee that will draft the constitution via direct vote. The GNC annulled Resolution 18 (from 2012) regarding the establishment of a social dialogue committee, as the resolution also authorizes the GNC president to propose a law on the restructuring of the electoral commission, and appoint three of its members from the GNC to prepare a draft of the law regulating the constituent committee, then submit it to the GNC for approval.

Sources:

  • Live broadcast GNC sessions
  • Official website of the GNC
  • GNC social media page on Facebook
  • Libyan news agencies
  • Attadamun News Agency
  • Libyan News Newspaper
  • Various Facebook pages of members and parties in the (GNC)

[Click here to download the full report.]

[Click here to download the report in Arabic.]  
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Jadaliyya Reports By :
Jadaliyya Reports

Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 

[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412