Key members from rival Libyan governments meet in Rome

Ageelah Saleh, president of the House of Representatives (HoR) based in the east in Tobruk, and Abdulrahman Sewehli head of the State Council of the UN-backed Government of National Accord (GNA) met in Rome to work on resolving the Libyan crisis.

A statement from the State Council claimed that "there was an atmosphere of friendliness and openness" during the meeting.

The council statement also said that there would have to be more talks between the two sides to bring about reconciliation. The HoR and the associated government in the east is a rival to the GNA in the west. The HoR has refused to far to vote confidence in the Government of National Accord based in Tripoli as required by the Libya Political Agreement. The GNA is recognized by the UN and many governments as the sole legitimate government of Libya. The GNA was last rejected by the HoR on August 22nd last year. At the time, ten days was allowed for a new cabinet to be presented. There has been virtually no progress since then towards that end.

The HoR is now demanding changes be made to the Libyan Political Agreement (LPA) before it will vote confidence in the GNA. According to the Libya Herald, the changes can be made only through a joint team from the HoR and the State Council and it sees the meeting between the two as a potential breakthrough. The paper also claims that both the HoR and the State Council need to appoint members for their team to join in a dialogue meeting to discuss the changes. One would think that any changes to the LPA would need to be approved by the members of the dialogue who originally signed the agreement. Both Saleh and Sewehli thanked the Italian foreign minister Angelino Afano for sponsoring the meeting.

Later comments on TV from Saleh indicate that the meeting was not meant to deal with Sewehli as an official but as an ordinary Libyan national and a boycotting member of the HoR. Saleh said: "The HCS is not legitimate as it has not been included in the constitutional declaration as per the Libyan Political Agreement." It is not clear why a meeting with an ordinary citizen needs to be arranged through a high Italian official. Saleh also said that the HoR choosing a new dialogue team had zero relevance to the meeting that took place in Rome. Saleh mentioned that he did not attend the session of the HoR in which the team was formed. One wonders, if the meeting that chose the dialogue members was even legitimate since the head of the HoR apparently did not call it and was not there. Saleh said: "I have always been a subject for bitter criticism by my opponents for my clear bias to the military and police institutions." Saleh is a strong supporter of the commander of the HoR forces Field Marshal Khalifa Haftar. Saleh said that the authority of the Commander in Chief had been given to Haftar and that he had to always be informed about intelligence classified information. But this is true only of Haftar's relation to the HoR government not the GNA. The Presidential Council under terms of the LPA has the function of commander in chief of the armed forces. Saleh further added: "Haftar should have a representative at the Presidential Council and the military must be inclusive of all Libyans." The meeting between the two hardly represents a breakthrough. The Italian government arranged the meeting because the two were important officials in the two competing groups. However, Saleh's statements simply deny that Sewehli represents a legitimate body. The meeting hardly represents an essential beginning of a comprehensive reconciliation process. The situation is as confused and unresolved as ever.

The HoR met earlier and set preconditions to return to the UN-sponsored political dialogue. At a recent meeting in Tobruk 60 HoR members voted in favor of resuming the dialogue if certain conditions were met. President Saleh said that the preconditions must be included in the political agreement. Among the demands are that article 8 that gives the PC the function of Supreme Commander of the Libyan armed forces be deleted. This would pave the way for Field Marshal Haftar to keep that role as Saleh has demanded for some time. This demand has little chance of being accepted by the PC or the State Council,

The HoR has at last announced a new 24 member Political Dialogue Committee after being delayed by divisions within the HoR membership. This group is expected to be part of a renegotiation of the LPA signed in December 2015 in Skhirat Morocco. The chair of the group is Abdulasalam Nasia from Zintan. There are 21 males and 3 females in the committee. The decree forming the committee charges them with abiding by "the national constants" stated in HoR resolution No. 4 for 2017. These national constants are the preconditions set for taking part in the dialogue and as noted earlier include the deletion of section 8 allowing Haftar to remain as commander in chief of the armed forces. It is hard to understand why the dialogue would go ahead when at least one precondition is quite unlikely to be accepted by the PC or State Council. No date has been set for a meeting of the dialogue members. One precondition set by the HoR is that the dialogue take place in Libya.

Read more: http://www.digitaljournal.com/news/politics/op-ed-rivals-from-competing-libyan-governments-meet-in-rome/article/491073#ixzz4h7LBapaU

General Khalifa Haftar criticizes UN envoy Martin Kobler

The Special Representative of the Secretary-General (SRSG) , Martin Kobler, has been criticized by Khalifa Haftar and Ageela Saleh president of the House of Representatives (HoR) and rival government to the UN-backed Government of National Accord (GNA).

The two said that Kobler also chief of the United Nations Support Mission in Libya, was a failure and should be fired. Haftar told the Egyptian news source Al Ahram that Kobler was "meddling in very sensitive issues." Haftar has repeatedly refused requests by Kobler to meet with him. Nevertheless Kobler has gone ahead arranging meetings to try and accommodate Haftar and have him approve the GNA. Haftar said that he respected the UN and secretary-general Ban Ki-moon.

In the east especially, there have been demonstrations supporting the seizure of four Oil Crescent oil ports by Haftar and his Libyan National Army. The demonstrators were particularly angered that some EU states and the U.S. had condemned the seizure. There was a recent counter-attack that was repelled and Haftar has advanced east towards Sirte defeating forces of the Petroleum Facilities Guard.

In an interview with Russia Today TV, Saleh, who is subject to sanctions, said that Kobler was acting as if he were the ruler of Libya. Saleh claimed Kobler had deepened divisions within Libya rather than bringing people together. Just last week, Kobler had met Saleh in Cairo in an attempt to forge an agreement for a new GNA with Haftar on board. Kobler said that there had been "an open and frank exchange of views," but clearly there was no agreement. Saleh said that he was preparing a letter to the UN asking that Kobler be replaced. There is speculation that Norwegian Espen Eide has already been chosen to take over from Kobler.

Sputnik also reports on Saleh's criticism of Kobler. Saleh told Sputnik that Kobler is unable to do good for Libya and should be replaced if he does not change his ways. He said that a letter was being drafted to be sent to the UN asking that he be replaced if he did not change his approach saying: "This man intervenes in everything, but he will be incapable to do any good for Libya."

Kobler was named UN special envoy to Libya in November of 2014, replacing former envoy Bernardino Leon, who took a position in the UAE immediately after leaving.

The GNA presidency council (PC) was to have come up with a new reduced cabinet of eight ministers after a vote of confidence in the GNA was defeated in the House of Representatives on August 22nd. The deadline for submitting the new list has long passed but there is as yet no sign that the list has been prepared and no date has been set for an HoR meeting on the issue. Until the HoR votes confidence in the GNA, the GNA is without a legislature. Apparently, the State High Council of the GNA has decided that it can serve the function of a legislature for now. A recent tweet says: "#Libya: High Council of State will exercise full legislative powers in accordance with #LPA's articles 16, 17 & 18." Critics claim this is illegal.

Meetings in Cairo to discuss plans for a new unity government

Faiez Serraj, who is the Prime Minister of the UN-backed Government of National Accord (GNA) is meeting in Cairo with Ageelah Saleh, president of the rival House of Representatives (HoR) based in Tobruk.

Reportedly, the two are attempting to come up with a government lineup that is acceptable to GNA and HoR. Saleh, who is sanctioned by the EU and US for obstructing the vote of confidence in the LPA, wants a down-sized government acceptable to each side. The HoR had earlier rejected a government with 30 ministers. On August 22 they rejected a government of 17 ministers and asked that the GNA return with a government with only 8 ministers. The deadline given for the presentation has long passed. No one even bothers to mention this anymore.

According to Ramzi Ramieh, a Libyan military analyst, the talks are centered on building a tightly knit government of under a dozen people. Ramieh said that Saleh and Serraj were trying to form a government with a three-member defense council, including Haftar, and a three-member presidential council (PC), "along with representatives of Serraj and PM of the HoR Al-Thinni". It is not clear how this can be reconciled with the present LPA which makes no mention of a defense council as I recall and which assigns the function of commander in chief to the PC. No mention as to whether Haftar has agreed to this. There are conflicting reports about what is happening. Certainly many in the present PC, GNA, and State Council will refuse to serve in a government that gives a prominent role to Haftar. While Martin Kobler, Special Representative of the Secretary-General is busy trying to devise schemes to accommodate Hafter within the GNA and form a unified GNA, Haftar is busy strengthening his power by seizing four oil ports and making GNA look weaker and less effective day by day. Kobler who said that Haftar's seizure of the ports would make exports more difficult is now praising the renewed exports of oil. In contrast to the statement of six nations including the U.S. and U.K. who condemned the seizure and demanded that the forces withdraw, Egyptian Foreign Minister Choukri said: “Egypt supports the legitimacy and actions of the Libyan army to maintain security in the country.” Another source confirms Shoukry's statement: "Egypt fully supports the Libyan army's moves to maintain security and stability of Libya and to secure its oil wealth,"

The Libya Herald reports that little information has been revealed about the talks between Serraj and Saleh. One obvious topic is the size and composition of the new cabinet that the HoR long ago requested be presented for a vote of confidence. However, the Herald notes that Egyptian media are suggesting that they are also talking of an Armed Forces Supreme Council. This must be the three member defense council as mentioned in the previous report, which was from the VOA.

The Herald version has five members: Serraj, Ahmed Maetig, Saleh, Khalifa Haftar, Ali Gatrani. The Herald points out that there is no such body mentioned in the LPA and that it is inconsistent with article 8 that make the PC, commander in chief. In a tweet with an accompanying photo Kobler says: "Open and frank exchange of views w/ HoR president #Agila & PC Member #Qatrani on the way forward in framework of LPA." Kobler has insisted that Haftar play a role in the GNA government even though many in the government reject his playing any role. Meanwhile, Haftar continues consolidating his power and gaining support. He may even decide to carry onOperation Dignity right within Tripoli the seat of the GNA government by invading the city using militia allies in the area. Ironic, that Saleh, sanctioned by both EU and U.S. is a key negotiator in these meetings.

Martin Kobler talks with head of House of Representatives in Oman

The Special Representative of the Secretary-General (SRSG), Martin Kobler, met with the speaker of the Tobruk-based House of Representatives (HoR) Ageelah Salah in Oman.

The talks discussed when the HoR might meet to vote confidence in the UN-backed Government of National Accord (GNA) and the Libyan Political Agreement (LPA). After the vote of confidence, the HoR will become the legislature of the GNA. According to the LPA, the HoR also has to amend the Constitutional Declaration of 2011 to include the GNA but this for some reason is not even mentioned.

Kobler tweeted later that the meeting was "constructive, franc (sic) & open dialogue." He said both had agreed upon the urgent need for political and military progress but there was no sign of any political agreement. As well as meeting with Salah, Kobler also attended a meeting with a number of HoR members who accompanied Salah to Muscat, the capital of Oman.

Separately, Kobler discussed the Libyan situation with Yusuf bin Abdullah, foreign minister of Oman. Oman has been attempting to mediate in Libya and invited Salah and his delegation to come to Oman to discuss the issues preventing the HoR from voting confidence in the GNA. Kobler has met numerous times with Salah but has been unable to have the HoR vote confidence in the GNA. A number of meetings of the HoR were held but there was no quorum. Two meetings where there was a quorum were disrupted with no vote. Salah has been sanctioned by the EU for impeding progress on implementation of the LPA, although it is not clear how he is responsible for the many meetings where there was no quorum. The HoR is unlikely to vote confidence in the GNA unless they are given assurances that Haftar will remain head of the Libyan National Army within the GNA. The LPA makes the Presidential Council (PC) of the GNA the acting commander in chief until a new one is appointed. Haftar has recently changed his position on working with milita associated wtih the GNA. This may be a sign that some deal with Haftar might be possible, although it is not clear how the requirements of the LPA can continue to be honored if Haftar retains his position.

No details are given of any positive results from the talks. As usual, inconvenient facts are left out. Kobler had tweeted last weekend: "Martin Kobler: I'll be in tobruk tomorrow to encourage everyone to vote on the Govt of National Accord #GNA". It appears that there was no meeting and that Kobler did not go to Tobruk. This is not worth mentioning apparently.

Kobler has used Oman before as a place to hold meetings — security is much better than in Libya. The Constitutional Drafting Assembly held meetings there. There were boycotters and many who would not go because they thought that the meeting should have been held in Libya. Nevertheless, the meeting was held and the draft was agreed upon. When the group returned to Libya they changed the quorum requirements to make the votes in Oman legal. A Bayda court ruled that the changes were not legal. Even the manner of submission of the draft to the HoR violated the LPA. The assembly earlier in February had to replace its chair who was disqualified as an American.

No quorum as Libyan House of Representatives meets to vote confidence in Government of National Accord

As has happened many times before, the Tobruk-based House of Representatives (HoR) met today but lacked a quorum and so was unable to vote confidence in UN-backed Government of National Accord (GNA).

A confidence vote by the HoR is required under the terms of the Libya Political Agreement (LPA). The HoR has met many times before to try and hold a vote. Every meeting has lacked a quorum except for two, in which there was a quorum but no vote because the meetings were disrupted.

A week ago on Monday, there was also a meeting called by speaker Ageela Salah, but not nearly enough showed up for a quorum nor did enough show up the next day. An informal meeting was held to discuss issues. A Libya Oberver report claims: Serraj and the GNA are not yet recognized by the HoR, however, the international community recognize Serraj and his GNA as the sole legitimate government of Libya, but also recognize that the HoR is the only legitimate legislature in Libya.The GNA recognizes the HoR only as a vehicle to vote confidence in the GNA and amend the constitutional declaration of 2011. I do not think that it recognizes the HoR as a legislature that can pass laws for all of Libya since it is not yet part of the only recognized government, the GNA. Once the HoR votes confidence in the GNA etc. then it will become the only legitimate legislature. The mandate of the HoR actually ran out last October but it simply extended its mandate itself in an illegal move.

The meeting this Monday again lacked a quorum. Instead an informal meeting was held to review internal regulations and challenges facing the legislature. There were reportedly less than 20 members present. The speaker Ageelah Salah had called on members to attend the session. Almost all the members were from the east. Some suggested that more will turn up tomorrow. However, it is unlikely that there will be enough for a quorum.

Even though a majority of members are said to agree to the GNA in principle they refuse to show up and force Salah to hold a vote. Yet Salah is under sanction by the EU for blocking the progress of implementing the LPA.. While he might be blamed for the 2 meetings where there was obstruction, it is hard to see why he should be held responsible when people simply do not show up. The Libya Herald says: Numerous members, particularly from the west, are refusing to go to Tobruk until there is a session to vote on the Government of National Accord (GNA). There have also been complaints of ill-treatment and intimidation in Tobruk of pro-GNA members.The meeting last week was specifically called to vote on the GNA and the required amendment to the constitutional declaration but not enough members showed for a quorum. Yet Salah appears still to get the blame. Forty members meeting in Tripoli two days ago said they would go if there was a session allowing a vote free of intimidation. That is not likely enough for a quorum. What sort of legislature will the HoR be as part of the GNA if it cannot even ensure that any votes will be free of intimidation or that a vote can even be held?

Martin Kobler, the Special Representative of the Secretary-General (SRSG) seems to have no idea what to do force a vote on the GNA by the HoR. At one time, there was a plan to hold a meeting in Ghadames with only members attending who supported the GNA on principle but for some reason the meeting never happened. Kobler will probably say nothing but will be busy hatching some new scheme, probably one that will bypass the LPA and gather together just members of the HoR who support the GNA. However, even those who support the GNA in principle also want assurances that General Haftar stays on as the commander in chief of the Libyan National Army. It is not clear at all how Kobler could allow that, given that the LPA states that the Presidential Council (PC)l is the commander in chief until a new one is appointed. The PC has already claimed that power in setting up a unified command for GNA forces.

Analysis of press release on Libya by Martin Kobler

Martin Kobler

This is a commentary on some parts of the report presented to the UN Security Council on June 6 by Martin Kobler, Special Representative of the Secretary-General (SRSG). 

Kobler begins by outlining the dire humanitarian situation in Libya including 6,0000 families from Sirte fleeing their homes ahead of military operations there. He claims the number of displaced persons in Libya had reached 435,000

Kobler also makes reference to the immigrant situation, claiming that in May  1,100 migrants died in the Mediterranean. On the 26 May alone 500 migrants drowned off the Libyan coast. 

Although he mentions a shortage of health workers, essential medicines and supplies, he fails to note the lack of medical resources for treating those wounded in the fight against the Islamic State.

On the political front he notes that it is almost six months since the Libya Political Agreement(LPA) was signed on December 17th in Skhirat. 

His description of the event is typical puffery: "The signing was the first time that the Libyan people had dared believe again that peace and unity in Libya were attainable." 

The Dialogue from which the LPA arose was meant to result in an agreement between the two rival parliaments. When neither would sign, Kobler simply gathered together all members of the Dialogue who agree to the draft agreement the UN had circulated and had them sign. None of those who signed from the two rival parliaments were authorized to do so. Details such as this never come up in UN reports. 

He claims that the people of Libya welcomed the Presidency Council (PC) of the GNA to Tripoli but this he admits stands in contrast to their present sense of growing impatience and concern. The capital and other places have been plagued by a cash crisis and also frequent power outages.

The GNA has gone ahead without any formal vote of confidence in the HoR although Kobler and the GNA declared themselves up and operating from Tripoli on the basis of a letter from an alleged majority of the HoR approving the GNA in principle. 

Kobler also brought together members of the dialogue whom he claims gave a green light to move to Tripoli. Now all of a sudden Kobler admits that "Libya is without a formally endorsed government". He says it has failed because some of the parties to the agreement have failed to uphold their commitments. The HoR has never agreed to the LPA in the first place so it is difficult to see how they fail to uphold their commitments. 

The head of the HoR Ageela Saleh has nevertheless been sanctioned by the EU for obstructing the LPA process. He notes that the HoR has an integral role to play in Libya's democratic transition. The HoR under the terms of the LPA becomes the sole legislative body of the GNA. The GNA has been operating all along without a legislature. Somehow by hook or by crook the GNA must find a way to bring the HoR or more likely some of the members on board.

Kobler had praise for international organizations such as the Arab League for supporting the GNA. In the case of the Arab League and some of its members such as the UAE and Egypt they support Haftar as well.

Kobler ends by emphasizing six points necessary for Libya to exit from what he calls the current state of chaos. He  claims: "First, that the Libyan Political Agreement, endorsed by the House of Representatives on 25 January, remains the sole legitimate framework for managing the remainder of Libya’s political transition until a permanent constitution is adopted." 

Yet on January 25th this year Reuters reports: " Libya's internationally recognized parliament voted on Monday to reject a unity government proposed under a United Nations-backed plan to resolve the country's political crisis and armed conflict." Whatever, Kobler meant to say what he does say is not true. 

Second, that the House of Representatives remains the institution to endorse and swear in the Government of National Accord. The HoR also needs to vote an amendment to the constitutional declaration of 2011. The GNA has long been operating without a formal vote of confidence from the HoR. The ministries have been operating as well without being sworn in. The real problem for the GNA is that the HoR is the legislature of the GNA. The GNA has been operating without a legislature.

The fifth point that Kobler makes is that the PC is the sole legitimate recipient of international security assistance in its capacity of commander in chief. This statement is certain to anger Khalifa Haftar, commander in chief, of the Libyan National Army and his supporters. Haftar loyalists want him to remain as commander in chief of the army in the new government and Section 8 of the LPA which makes the PC commander in chief to be deleted.

Sixth, averting hostilities between different security actors fighting against the Islamic state "requires an inclusive interim security  arrangement, including temporary command and control arrangements for the army" However, at present there are mostly  just various militia with various degrees of loyalty to the GNA.  

A regular GNA army is something to be formed rather than existing. Since Kobler's statement Solid Structure has entered the IS stronghold of Sirte and the Petroleum Facilities Guard is advancing from the east as well. 

While Khalifa Haftar announced weeks ago that he was marching to free Sirte, he has yet to take part in the battle for Sirte. He is busy attacking Derna with Operation Volcano and in Benghazi.

Speaker of House of Representatives urges new vote on new Libyan unity government

The president and speaker of the Tobruk-based House of Representatives(HoR), Ageela Salah, has called on all members of the HoR to come to a session in Tobruk as soon as possible.

This has happened before. Every time a meeting has been called there has been no quorum or the session has been disrupted and no vote taken. According to the Libyan Political Agreement (LPA) signed in Skhirat, Morocco, on December 17 last year, the HoR must vote confidence in the GNA before its term starts. It must also amend the constitutional declaration of 2011 to incorporate the GNA in the constitution.

Neither event has happened. The special representative of the secretary general (SRSG), Martin Kobler, called together members of the Political Dialogue after no vote was taken. A letter, allegedly from a majority of the HoR, supports the GNA in principle and the discussions in the Dialogue group were taken as a green light to activate the GNA and move the presidential council to Tripoli. Later the Sate Council was activated as well.

The HoR is to become the legislature of the GNA. The GNA and the UN hence need the vote of approval still in order to have a legislature and also to try and bring the HoR on board the GNA bandwagon. They also hope to somehow convince commander of the Libyan National Army, Khalifa Haftar and his supporters to join the GNA.

Salah issued his call in a video released by his media office. He warned members that if the Presidency Council did not show up in Tobruk to present the GNA government to the HoR there would be no vote and the PC would be dismissed. It is not clear that the security situation will even allow for the PC to appear in Tobruk. The atmosphere could be toxic. GIven that Salah is already sanctioned by the US and the EU, it is not too likely that the GNA will take orders from him. Salah demanded that the PC bring the CVs of proposed ministers. Salah said: “If some members of the Presidency Council refuse to attend it means they don’t recognise us. In this case, we cannot approve a government."

Salah said that there should also be a vote amending the 2011 Constitutional Declaration first. He also demanded that the LPA be changed so that the HoR could be the only body that could appoint the heads of sovereign institutions such as the governor of the Central Bank of Libya:At present, the LPA states that the appointment of heads of sovereign institutions is to be done by the HoR and the State Council together although after the initial appointment, they can be removed and new appointments made by the HoR alone, but by a two-thirds majority.Salah also said the HoR would review the performance of the Libya Dialogue Committee and that some of its members could be replaced.

Salah's announcement comes after he had a meeting with his two deputies, Emhemed Shouaib and Ahmaid Huma designed to break the GNA deadlock. The two have been spearheading attempts by those supporting the GNA in principle to have a vote of confidence. Near the end of April members of the HoR went to Ghadames to arrange a meeting there of HoR members who would vote for the GNA. The meeting was never held. There has been no explanation as to why it did not take place.

The Libya Herald questions the sincerity of Salah, claiming that he knows that the Presidency Council members will not all turn up in Tobruk. One, Ahmed Maeitiq has specifically said he will not go to Tobruk for security reasons. The Herald could have added that Salah must know that any amendments to the LPA were long ago ruled out by Martin Kobler the UN representative who helped have the LPA signed in Skhirat. The Herald concludes: Known to be opposed to the new government led by Faiez Serraj, he is under great pressure to find a solution. He has been sanctioned by both the US and the EU who accuse him of deliberately preventing a session to debate the GNA and the LPA from taking place. He also faces the prospect of the HoR splitting, with the majority of members setting themselves up in Tripoli and probably voting to sack him.

The Herald also notes that there may not be sufficient members present to amend the Constitutional Declaration and so the process would be stalled if it took place first. But it should since unless it is in the constitution the GNA would lack legal legitimacy. This has never bothered the UN or the many countries cheer leading for the GNA. They all will mouth support for the rule of law. The Herald suggests that "Events have in any case moved on with the Presidency Council’s announcement today that it was activating the GNA." Events may have moved on but Haftar is still there opposed to the GNA and no doubt the largest and most efficient military forces in Libya. Salah has gone off to Cairo to consult with some of those who count but do not accept all of the recent Vienna decisions as this tweet notes: "#Aguila_Salah Refused invitation to #Veintna meeting but traveled immediately to #Cairo."

Official statement after Vienna meeting on Libya

The Joint Communique issued after the Ministerial Meeting in Vienna has been published by a number of sources including the U.S. Department of State.

The statement starts out by welcoming Faiez el-Serraj, the prime minister of the UN-brokered Government of National Accord (GNA) and commending him for his leadership in moving the GNA to Libya which is said to be a turning point in the Libyan political process. It is a turning point in that it represents a concerted attempt to ensure that the wishes of many countries to create just one unified administration are met. The GNA can ask for foreign intervention to fight the Islamic State and help solve the problem of waves of immigrants using Libya as a taking off point to cross the Mediterranean and enter Europe. It is not surprising that Italy co-hosted the meeting along with the United Sates.

The statement says: "We express our strong support for the Libyan people in maintaining the unity of Libya." Yet the GNA is taking actions that do the opposite. The GNA has claimed that under the LPA, it is the commander-in-chief of the Libyan armed forces. However, it knows that Khalifa Haftar claims this role and that he will keep the HoR from voting confidence in the GNA as long as it continues to claim this. Both those who would not vote confidence in the GNA and the majority that are claimed to support it are united in demanding section 8 of the LPA, which gives the function of commander in chief of the LNA to the Presidential Council (PC), be deleted. The actions of the GNA thus ensure that the HoR and Haftar will not join with the GNA and so that there will be no unity of Libya. The statement finds it impossible to mention the name Haftar, a key player in all this, but the subject is taboo.

There is not the slightest thought that perhaps the Libyan Political Agreement (LPA) signed in Skhirat on December 17 might not be workable. There is no mention of the fact that two members of the nine member PC group are boycotting meetings. There is no mention of any criticisms of the formation and operation of the State Council. The GNA is supported as the sole legitimate government of Libya. The statement notes: " We urge all parties to work constructively towards the completion of the transitional institutional framework, particularly by enabling the House of Representatives to fully carry out its role as outlined in the LPA." Right. The GNA could use a legislature, which is the HoR under the LPA. No mention of the sanctions against the head of the HoR Ageela Saleh. No mention of the attempt to avoid a full meeting of the HoR by having a meeting of just those who support the GNA in Ghadames. There are many important events that are just not mentionable or worth mentioning in such an important document.

The document encourages authorities of the GNA "to strengthen their outreach inside Libya and seek effective mechanisms for a dialogue to support reconciliation." Kobler said long ago after the LPA was signed that the time for dialogue is over. Even before the LPA was signed he said the LPA could not be amended. What is now called dialogue are carrots such as jobs and aid, and sticks such as sanctions and cutting off funds to those opposed to climbing aboard the GNA bandwagon. The communique commends the work of the Special Representative of the Secretary-General(SRSG), Martin Kobler.

Claiming that security is the key to Libya's future, the ministers salute the creation of the Presidential Guard by the PC to protect national institutions, members of the PC, and other members of the government. So far security is being provided by militias. Militias have always been regarded as part of the problem in Libya and were to be disarmed according to the LPA or integrated into the regular forces. The problem is that the largest regular forces in Libya are those of Haftar and the Libyan National Army.

The communique says:We recognize the necessity of enhanced coordination efforts between legitimate Libyan military and security forces and urge them to work quickly to implement a unified command in accordance with the LPA, to coordinate the fight against Da’esh and UN-designated terrorist groups in Libyan territory. Ensuring security and defending the country from terrorism must be the task of unified and strengthened national security forces. Libyans must fight against terrorism with unity.The group does not explain how there can be "enhanced coordination" between the forces of Haftar and the LNA and the GNA when the GNA is not recognized by Haftar or the HoR. There is already a unified command but it does not include Haftar. How can it include Haftar, commander in chief of the LNA, when the unified command is a function of the GNA which claims it is the commander in chief? Impossibility is no bar to positive rhetoric.

Part of the GNA's expected role is to ask for foreign intervention. As of now the intervention is not to be called "intervention" but military aid to fight against the Islamic State and other terrorists:The Government of National Accord has voiced its intention to submit appropriate arms embargo exemption requests to the UN Libya Sanctions Committee to procure necessary lethal arms and material to counter UN-designated terrorist groups and to combat Da’esh throughout the country. We will fully support these efforts while continuing to reinforce the UN arms embargo.The group must be pleased that the GNA is doing what they wanted it to do fight the Islamic State with their help. This position is bound to create outrage among the supporters of Haftar and his loyalists whose Operation Dignity is designed to fight terrorism. From their point of view by supporting the militias loyal to the GNA they will.be helping terrorists even if not those associated with the Islamic State. The group makes it clear that the GNA is "the sole legitimate recipient of international security assistance." However, this will not stop countries such as Egypt, the UAE, and perhaps others who were among the signatories of the agreement from providing arms for Haftar I expect.

The group also reiterated their commitment to cease support and official contact with "parallel institutions." Yet there have been positive meetings between rival officials from the two central banks and from the two oil companies. It is good that many officials pay no heed to the directions in this august document. Among the signatories of the document are countries such as Egypt, the League of Arab States, Jordan, and the UAE all of whom support Haftar, a position inconsistent with supporting the document they have signed.

U.S. places sanctions on speaker of the Libyan House of Representatives

The United States Treasury Department has sanctioned Ageela Salah, president and speaker of the Tobruk-based House of Representatives (HoR) for blocking the formation of the UN-backed Government of National Accord (GNA).

John E. Smith, acting director of the department, claimed that Salah "is responsible for stalling political progress in Libya. Today's action sends a clear message that the U.S, government will continue to target those who undermine the peace, securiity, and stability of Libya." He said that all property and interests of property of Salah that were within the jurisdiction of the US or in the control of Americans are blocked. and that Americans were "generally prohibited" from carrying out any transactions with him.

The U.S. action follows that of the European Union which also sanctioned Salah some time ago. However, the EU also sanctioned Nouri Abusahmain president of the General National Congress (GNC) based in Tripoli and Khalifa al-Ghwell PM of the GNC's Salvation Government. The GNC and the Salvation Government have lost virtually all of their power and ministries to the UN-brokered GNA. Neither of the two have much clout any more and have not been able to stop the GNA from taking power from it. The U.S. also sanctioned al-Ghwell in April, as shown on the appended video.

Back in July of 2015, the EU had actually decided to sanction Khalifa Haftar, commander in chief of the Libyan National Army associated with the House of Representatives and his air force commander. However, the sanctions were never carried out and were ridiculed by Haftar. Since the sanctions threat Haftar has gained the support of Egypt, the UAE, the Arab League and Jordan, although many of his supporters also pay lip service to the GNA.

The HoR has met numerous times to vote confidence in the GNA but every meeting has either lacked a quorum or has been disrupted. While Salah may share some of the blame others no doubt contributed as well. The HoR is also influenced by the position of General Haftar, who wants to remain commander-in-chief of the LNA under any new unity government. Even those who support the GNA in principle want section 8 of the Libyan Political Agreement deleted as it removes the function of commander in chief from Haftar and puts it in the hands of the Presidential Council. In a recent move to set up a unified command to oversee the attack on the Islamic State, the Council made reference to this power. It is not clear what Kobler is intending to do now.. He needs the HoR to vote confidence in the GNA so that he will have a legislature as part of the GNA. The HoR is the sole legislative body of the GNA. He tried setting up a meeting in Ghadames attended by members of the HoR who approved the GNA but it so far has failed to materialize.

Alleged majority of HoR meet and issue a statement supporting the GNA but with conditions

The Libya Herald reports that a majority of the members of the HoR met in a hotel separately from the regular HoR meeting rooms. In a statement the group said it supports the UN-brokered Government of National Accord.

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However, it also said it wants Article 8 deleted. Actually as I have pointed out there are two articles numbered 8. One is in the main text of the Libyan Political Agreement signed in Skhirat, Morocco, on December 17. The other is in the additional provisions. The text of the Skhirat agreement is available in Engllsh here. I have talked about the two sections many times including here. The Libya Herald reports the HoR members as wanting section 8 in the additional provisions deleted:

 However, they also said they wanted the controversial Article No. 8 of the LPA’s additional provisions to be deleted. Under it, the Presidency Council is supposed to appoint or reappoint heads of major military, security and civilian posts within 20 days of the LPA being signed. Many see the article as an anti-Hafter move.

While what the Herald article says is true, it leaves out what is even more significant — namely that Haftar was supposed to lose his job as of the signing of the agreement. This is from page 20 of the text: All powers of the senior military, civil and security posts stipulated in the Libyan legislations and laws in force shall be transferred to the Presidency Council of the Council of Ministers immediately upon signing this Agreement. :In other words, Haftar lost his job back on December 17 but everyone ignores this including the press. The other section 8 is in the main text and would see Haftar lose his job as soon as the GNA becomes operative. This is supposed to be after a vote of confidence in the HoR. However, the GNA declared itself up and running and moved to Tripoli some time back on the basis of a statement from a majority of the HoR that it supported the GNA and a supposed green light from Libyan Dialogue members. So Haftar should have been removed by now according to that provision as well. The Presidency Council remains mum on this even though it contains some members who are opposed to Haftar. The State Council has said nothing either.

The Herald report said that there were some 100 members who declared their support at the meeting. However a tweet with a photo shows many less: "32 memb of HOR hide scary in hotel restaurant amendment #skhirat agreement." The group condemned their colleagues for not allowing a formal meeting and said that the GNA remained the only way out of the crisis.

The Herald reports that the day had started out with effort to hammer out a compromise by members from the two groups. This may be the committee of six from each side that had been struck the day before. Apparently the meeting became chaotic with both sides engaging in a shouting match. First and second deputy Emhemed Shouaib and Ahmaid Huma, both supporters of the GNA then left. They then reassembled at another hotel where they released their statement. They did not take a formal vote to approve the LPA or GNA: Instead, the supporters called for the HoR to endorse the LPA, adding that the latter should take its oath of office before parliament no later than the end of next week. This should at a venue to be determined by the office of the HoR presidency, they said.Presumably, they meant the HoR should take an oath of office as members of the GNA legislative assembly.

An HoR official told the Herald that 102 members had declared their support for the GNA while those opposed were between 55 and 60. Martin Kobler, Special Representative of the Secretary General (SRSG) issued a press release critical of those who prevented the vote. He regretted that what he called a clear majority were unable to exercise their intrinsic democratic right to vote and his release concludes:Taking note of the GNA supporters’ declaration, he paid tribute “to the spirit and courage of parliamentarians who gathered in Tobruk over the past few days”. He urged them to “remain faithful to their constituents” and to carry out their responsibilities “without obstruction, threat or intimidation”.Notice that he makes no mention of the fact that the majority statement also demands that section 8 be deleted. Kobler never notices things like that. Of course, he also fails to mention that the spoilers might have some connections with General Khalifa Haftar.

Ageela Salah, the speaker of the HoR, gave his opinion of the situation to the Libya Observer.. He said that a meeting could be held only with the attendance of the Speaker.

If HoR does not vote confidence in GNA, UN may make an illegal move

Although no regular news media are yet reporting on what is happening, it appears that the planned meeting of the Libyan House of Representatives on April 18 may not take place.

The meeting was planned for the House of Representatives (HoR) to provide a vote of confidence in the UN-brokered Government of National Accord (GNA) and also to amend the constitutional declaration of 2011. The meeting was to take place no later than April 18. Not too long ago the president of the HoR, together with two of the deputy presidents, met in Cairo to discuss the way forward. Afterwards, Emhemed Shouaib issued a statement clarifying what had been decided at the meeting.

Shouaib noted that part of the agreement was for the HoR to meet and vote on the GNA and the constitutional amendment. However, there were several other points as well including a meeting of the Libya Dialogue Committee on Thursday which appears not to have happened: Third, the head of the UN Support MIssion in Libya was to call a meeting of the Libya Dialogue Committee to discuss recent events. In particular the claim that the State Council was officially constituted at the recent meeting in Tripoli. He, Salah and the other deputy all consider the meeting a violation of the LPA under article 64.The meeting also agreed to denounce the sanctions imposed by the EU on the president of the HoR, Ageela Salah.

Martin Kobler, the UN Special Representative of the Secretary General (SRSG), in his press release on the meeting of the three, made no mention of the sanctions or any meeting of the Dialogue Committee. It appears not to have happened. However, Kobler did say:“The House of Representatives remains central to the political process and to the implementation of the Libyan Political Agreement. There should be no doubt in anyone's mind about this,” stated Martin Kobler.

Yet just today, Kobler issued a tweet clearly indicating that if the HoR does not vote on GNA he will consider other ways of proceeding and seek the advice of the Dialogue Committee. Nothing at all about the formation of the State Council or seeking advice about that issue:To @skynewsarabia: if HoR didn't vote on the GNA, I intend to convene the Libyan Political Dialogue to seek their advice on how to proceedThe tweet may be intended as a threat to force the HoR to vote on the GNA but it could be a threat that he carries out should the HoR not vote. He did this before when the HoR did not vote confidence in the GNA. He called together the Dialogue whom he claims gave him the green light for the GNA to be declared operational and move to Tripoli. He also referred to a letter by an alleged majority of the HoR in which they affirm their support for the GNA. There was never any formal vote on the issue.

When the rival General National Council (GNC) did not support the GNA and the president Abusahmain did not submit a list of members of the State Council as required by the Libyan Political Agreement, the UN simply avoided that requirement. Makhzoum, who supported the GNA and signed the agreement, drew up a list of members that was accepted by the UN and GNA. They held a meeting in Tripoli. At first they met as the GNC, passed motions approving the GNA and amending the constitutional declaration and then dissolved the GNC, becoming the State Council. The same type of action could happen again as I suggested in a recent article with the part of the HoR that supports the GNA pretending to be the Tobruk HoR.

Instead of more fruitless attempts to pass a motion through the HoR, Kobler can just gather together members of the HoR who approve the GNA in Tripoli. There they can pass the required vote of confidence and constitutional amendment and then become the legislature of the HoR leaving the Tobruk HoR isolated and probably without any funds coming from the Central Bank.

Another sign, that there will be no vote of confidence in the GNA is the fierce criticism of Kobler and the GNA of Faiez Serraj by Ageela Salah the president of the HoR. It does not sound as if Salah is about to do Kobler's bidding. The failure to address the issue of the State Council will make Salah and others even angrier. The east could be planning an exit from any unity government altogether. Supporters of Haftar and the influence of former members of the Gadaffi regime are becoming stronger in the east and they will have nothing to do with any government containing Islamists or other figures who oppose them. As a recent tweet put it:Ahmed El-Gasir ‏@amelgasir 46m46 minutes ago

Return of leading figures from #Gadhafi regime & holding meetings w/ #Haftar in #al_Marj

#Libya #GNA @UNSMILibyaOf course one never knows what is going to happen in Libya. Perhaps, Kobler will be able to make some deal over the weekend and the HoR will meet and vote confidence in the GNA and approve an amendment to the constitutional declaration of 2011.

EU ready to move security forces to Libya to help UN-brokered government

If requested by the new UN-brokered Government of National Accord (GNA) the EU is signaling that it will move security personnel into Libya to help the new government.

A draft statement to this effect was seen by Reuters. Increased concern about the Libyan situation appears to be caused by fears that there will be a new uncontrolled tide of migrants into Italy unless some means can be found to prevent them from leaving Libya. EU foreign and defense ministers will meet this Monday the 18th of April. They will look into border and training missions in Libya. The initial training would be in Tripoli, where the GNA presidency council is located. A draft statement by the diplomats is expected to say:

 "The EU stands ready to offer security sector support in response to possible (U.N.) Government of National Accord requests..A possible civilian ... mission could support Libyan efforts ... through advice and capacity building in the fields of police and criminal justice."

The GNA does not yet have the support of the rival House of Representatives (HoR), located in Tobruk, although a vote was scheduled for this Monday. There is as yet no certainty that the vote will take place. The president of the HoR, Ageela Saleh, has recently issued very critical remarks about Martin Kobler, the Special Representative of the Secretary General (SRSG), and also the GNA led by PM Faiez Serraj. Before the HoR will approve the GNA and pass a constitutional amendment it wants assurances that General Khalifa Haftar will remain as commander-in-chief of the Libyan National Army (LNA) among other demands. The Libyan Political Agreement (LPA) section 8 assigns this position to the Presidency Council until a new chief is chosen. At present, Salah is sanctioned by the EU for not ensuring that the GNA passed through the HoR.

The foreign community is anxious to intervene but does not want to act too soon so that their actions could be taken as foreign interference. So far, the GNA itself has not shown any great desire for any military help. The Prime Minister of the GNA, Faiez Serraj, will speak for the ministers meeting via video conference.

There is already talk of a possible EU security mission involving French, Italian, British and U.S. military planners. The U.S. is anxious to have EU countries take the lead in any mission. The mission is called the Libya International Assistance Mission. Planners have already briefed EU diplomats on the mission, which would help protect key institutions such as government buildings, ports and the airport.

There are also discussions on the EU "Sophia" naval mission. The mission operates in international waters and destroys boats used by people smugglers, apprehends traffickers, and is meant to head off a new surge of migrants as other routes are closed down. The mission could be much more successful if it could operate in Libyan waters. This would require permission from the GNA and also a UN resolution.

Italian Prime Minister, Matteo Renzi said:"It's fundamental that Libya has a government... Now we can work with an executive that isn't at the height of its powers, but it exists. In light of the fact that there is now a Libyan government, we will try to get the EU to invest in Africa to put a stop to the death journeys (on overcrowded boats) so we can have a decisively lower and more controlled migrant flow."

NATO also indicated that it would help.fight militants if the GNA requested military assistance. Secretary General of NATO, Jens Stotenberg. said that NATO had been in touch with the GNA and told the Presidency Council that it is ready to disarm militia groups and possibly provide military training in the future. Stoltenberg said: “We are ready to help.. But they have to request it – so we will not send in troops and we will not do any activities in Libya at all without a request from the Libyan government." There are already Special Forces from several countries including the UK, France, and the US in Libya. The UK apparently has a special vessel ready if there is a military operation as well. The international community may be waiting until the GNA is more firmly established before further action is taken. Especially in the east of the country, the future of the GNA is uncertain, until the HoR approves of the new government.