UNSMIL’s Political Agreement that was signed on 17 Dec. 2015, by representatives of the HoR and some MPs from eastern Libya who were not mandated by the GNC continues to face an uphill journey. Although the Political Agreement stipulates that it should be approved by the HoR and the GNC (the Council of State), UNSMIL seems to have put aside this legal requirement and pressed on with forming the Government of National Accord within the 30-day deadline. Intense pressure on the Faiz Seraj and his Presidency Council delivered, two days beyond the deadline on 19 January, a 32-member government instead of the initially intended small cabinet of 10-22 portfolios. Those close to the intense negotiations explained how regional, tribal and even crony considerations weighed heavily on forming the government. As a result, some ministries were broken down into three to satisfy all. This was the case of the ministry of foreign affairs which was divided into another for Arab and African affairs, and a third for international cooperation. It was also the case of the justice portfolio which was broken down into one for national reconciliation and a third for human rights and refugees.

Despite the fact that the Political Agreement was not approved by the HoR nor the GNC, and that the Constitutional Declaration was not amended as the Agreement stipulates, a session of the HoR was convened to proceed to a vote of confidence on Seraj’s Accord Government, on 25 January, before the end of the ten-day deadline. Out of the 104 HoR MPs who attended the session, 97 rejected Seraj’s government. The block that declined to offer confidence to Seraj’s government evoked the necessity of amending the terms of reference of the Presidency Council of the Council of Ministers in Article 8.2.a which stipulate that the said council “assume the functions of the Supreme Commander of the Libyan army who appoints and removes the Head of the army”.

It is now clear that Khalifa Hafter’s lobbying has succeeded in blocking UNSMIL’s process. This is a major challenge for Martin Kobler since the Political Agreement is considered final. Giving in to Hafter’s pressure and blackmailing would put UNSMIL in a very awkward position since it has rejected Nouri Bousahmin’s calls to amend the draft political agreement, under Bernardino Leon, and then under Kobler, for the GNC to sign it. It is unclear how UNSMIL would respond to this new deadlock. Hafter’s camp is not that strong though. Last week’s resignation of Major Mohamed Hijazi, spokesman of Hafter’s Dignity Operation has shaken Hafter’s base and betrayed a shift in the tribal alliances underlying it. Some HoR MPs who signed the Political Agreement now say that the HoR confidence vote session was illegal since the Political Agreement was not yet approved by the HoR and the Constitutional Declaration was amended. Would UNSMIL press on and continue to disregard these legal considerations stipulated by the Agreement? It has just three days before the end of the ten-deadline. All this chess game is playing out against the backdrop of talks of imminent military intervention, while Seraj is in Algiers seeking support.

Links for more information:
http://unsmil.unmissions.org/LinkClick.aspx?fileticket=miXuJYkQAQg%3d
http://www.marsad.ly/en/2016/01/23/national-unity-government-built-on-cronyism-and-will-fail
https://www.libyaherald.com/2016/01/25/hor-agrees-skhirat-deal-subject-to-conditions-but-rejects-government-list
https://www.libyaherald.com/2016/01/25/kobler-takes-positive-view-of-hor-vote/
https://www.libyaherald.com/2016/01/22/hor-president-orders-inquiry-into-hijazis-allegations-against-hafter/
http://www.nytimes.com/2016/01/23/world/africa/us-and-allies-said-to-plan-military-action-on-isis-in-libya
http://www.aps.dz/algerie/35190

باشاغا : مجلس النواب ارتكب مخالفة دستورية جسيمة

Posted by lakhdarghettas

Dr. Lakhdar Ghettas Author of Algeria and the Cold War: International Relations and the Struggle for Autonomy (London & NY: IB Tauris, 2018)