At last, the UN has actually published the English text of the Libyan Political Agreement signed on December 17 in Skhirat, Morroco. There are some changes from the earlier draft of July 2, 2015.
|The draft as of July 2 has long been available on the United Nations Support Mission in Libya (UNSMIL) website. I was surprised the draft as it was when signed by members of the Libyan Dialogue, including some from each of the rival governments, has just been published in English on the UN website. The draft was signed in Skhirat, Morocco on December 17, 2015. Publication of the English text is a welcome move towards some transparency by UNSMIL. I was particularly interested in seeing whether the status of Khalifa Haftar, the commander in chief of the Libyan National Army associated with the internationally-recognized House of Representative (HoR) located in Tobruk in eastern Libya, had changed. The rival General National Congress (GNC) government is located in the west in Tripoli. Once the GNA term begins after the HoR gives a vote of confidence suppporting the GNA, only the GNA will be recognized as the sole legal Libya government.|
2. Terms of Reference of the Presidency Council of the Council of Ministers:I had always thought that it was this provision that those favoring Haftar had objected to in the LPA and why they support it only in principle and are demanding that Haftar remain as commander in chief of the LNA. However, to my astonishment there is an addition to Article 8 in what are called Additional Provisions added to the LPA. Part of the addition to article 8 reads as follows:a. Assume the functions of the Supreme Commander of the Libyan army
Article (8)All powers of the senior military, civil and security posts stipulated in the Libyan legislations andlaws in force shall be transferred to the Presidency Council of the Council of Ministers immediatelyupon signing this Agreement. The Presidency Council must take a decision on the occupants of suchposts within a period that does not exceed twenty (20) days. In case a decision is not reached duringthis period, the Presidency Council shall take decisions on new appointments within a period thatdoes not exceed thirty (30) days...,
Article (64)Perhaps it is time that some of the signers of the LPA convene the Libyan Political Dialogue to examine some of the severe breaches of the LPA that have already taken place.The Libyan Political Dialogue may convene after the adoption of this Agreement at the request ofany party to the Agreement to examine what it deems a severe breach to one of its items.
Article (65)The Constitutional Declaration shall be amended in accordance with the stipulations of this. Agreement as per the legally stated procedures and according to the proposal in Annex 4 of this Agreement within a date that does not exceed 20 October 2015.Why would no one change the date? What sense does it make to sign an agreement with dates that ensure that as soon as you sign the agreement you have violated it? The agreement was signed on December 17, 2015.