UN Libya envoy urges addressing legal loopholes in draft electoral law

UN Secretary General’s Special Representative for Libya Abdoulaye Bathily said his recent exchanges with local actors throughout the country illustrated that Libyans want to end successive interim arrangements towards an elected and legitimate leadership.

“All Libyan leaders have agreed to amendment of the draft laws,” he said in a briefing to the UN Security Council on Tuesday.

Bathily, also head of the UN Support Mission in Libya (UNSMIL), urged the country’s two chambers (House of Representatives and High State Council) to finalize and make electoral laws implementable towards a reasonable electoral timeline.

“The electoral landscape should be a level playing field for all candidates,” he stressed, noting that citizens yearn for unified political, military, security and economic institutions to safeguard the territorial integrity and national identity of the country.

Highlighting economic progress, he noted that the reunification of the Central Bank of Libya as a sovereign Libyan institution has been finalized. However, the fragile stability that had prevailed in Tripoli since August 2022 was shattered by fierce armed clashes on 14 and 15 August between the Deterrence Apparatus for Combating Organized Crime and Terrorism and the 444 Brigade, with 55 killed. Stressing the need for all parties to preserve security gains achieved in recent years, he said UNSMIL will continue to engage relevant actors to advance the reunification of military and security institutions.

Voicing concern over severe restrictions on civil society space in Libya, Noura Al Jerbi, civil society briefer and women’s rights activist, spotlighted draconian laws and regulations, unwarranted investigations and enforced disappearance of human rights defenders and activists.

Libya’s legal framework only serves to suppress civil society, she asserted, calling for a new civil society law and an independent civil society commission whose work will not be subject to interference from political authorities or the security sector.

Detailing new procedures which discriminate against females by imposing unjust restrictions on women’s travel in Libya, she stressed the need for legal reform and international cooperation.

Also briefing the Council today was Ishikane Kimihiro (Japan), in his capacity as Chair of the Council Committee established pursuant to resolution 1970 (2011) concerning Libya.

He detailed the Committee’s work from 20 June to 22 August 2023.

The update for the two-month period covered acts by armed groups that threaten the peace and security of the country; violations of human rights, including human trafficking and migrant smuggling; illicit exports of petroleum products; and implementation of the asset freeze.

He further discussed the arms embargo, the travel ban and the sanctions list, including new delisting requests received by the Committee.

In the ensuing debate, Council members underscored that presidential and parliamentary elections in Libya are the only way to restore the legitimacy of the country’s institutions.

However, security is also a precondition for an environment conducive to elections, numerous delegates pointed out, as they expressed concern about the fragile security context recently manifested in armed clashes between rival groups in Tripoli.

Rounding out the discussion, Libya’s delegate said issues with achieving consensus on electoral laws and organizing elections have led to increasing tensions between stakeholders in the country.

Recent events in Tripoli are proof of this, he noted, warning that “if the political impasse continues, these events won’t be the last that we see.” Accordingly, he called on the international community to provide technical support to the High National Elections Commission so that it is prepared once the electoral law is enacted.

Source: Kuwait News Agency