Libya’s Constitutional Twilight

Carmen Geha & Gilbert Doumit

The incidents of violence that took place during the election of the General National Congress (GNC) this past summer across the east of Libya—and in Benghazi particularly—revealed deep political divisions and a number of serious security threats. Since the rise of the National Union Party (presided over by Mahmoud Jibril) to the GNC, Libya’s increasing political polarization has been much neglected in the media. Pro-federalist groups in Benghazi burnt ballot boxes and called for voter boycotts. Tensions erupted in the wake of former National Transitional Council chairman Moustapha Abdel Jalil’s promise that the Committee of Sixty—which would be responsible for drafting the constitution—would be elected from the people, rather than appointed from the GNC. Dissatisfied with the allocation of GNC seats, the pro-federalists demanded that the eastern region of Barqa be represented with more than 60 seats in the GNC—compared to the 100 allocated for the western Tripolitania region and 40 for Fezzan in the South. Pro-federalists also seek equitable representation in the Committee of Sixty in charge of drafting the constitution, demanding direct election, rather than GNC-appointment of the 20 committee members from each of the three regions.

The committee’s ability to gain legitimacy and garner consensus is the next critical milestone for Libya’s legislature as outlined in Article 30 of the August 3, 2011 constitutional declaration. Modeled on the 1951 constitutional development process (with each of Libya’s three regions—Barqa (East), Tripoli (West), and Fezzan (South)— represented equally) determining the system of governance will nonetheless be one of the most contested issues, as the choice between a federal versus unitary administration will have long-lasting implications on future political stability, economic prosperity, and social cohesion. Disagreements over the mechanisms and prerogatives of the Committee of Sixty are thus rooted in Libya’s deep and historic schisms. Once in place, the committee would have no more than 60 days to draft a constitution and submit it to the GNC who would organize a referendum in 30 days: hardly enough time to address priorities for the country’s future or agree on a system of governance that appeases both sides. At present, Libya awaits the appointment of a new government, and the GNC has not yet agreed on the selection process–potentially a sign of deadlock. The process of selecting the committee requires that immediate measures of dialogue and consensus be addressed.

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