New Libyan National Guards formed in Libya

(February 9) A number of different armed groups mainly from Misrata have announced the formation of the Libyan National Guards (LNG). Reports claim that dozens of Misratan vehicles entered the capital Tripoli overnight.

According to the Libya Herald the Guards are backing Khalifa Ghwell. Ghwell is the former prime minister of the former National Salvation government that was a rival to the then internationally-recognized government of the House of Representatives (HoR). After the Libyan Political Agreement(LPA) signed in Skhirat Morocco in December of 2015, the Salvation government was weakened. Neither it nor the HoR government recognized the GNA. However, many from the Salvation Government eventually joined the GNA as part of the High State Council. They met as the former General National Congress, the legislature of the Salvation Govenrment, dissolved it and then met as the High State Council. The GNA seized many ministries and militia loyal to the GNA seized the Rixos complex which was the headquarters of the GNC.

On October 16 GNC in what was consdiered a coup attempt Ghwell and armed supporters took back control of the Rixos complex. The GNA has never been able to retake the complex. Many of the GNA's Presidential Guards defected and gave support to the coup plotters. Now it seems that there are an even larger group of heavily armed brigades that will serve as a direct threat to the GNA.

Brigadier Mahmoud Al-Zigal announced the forming of the group. He said that the LNG is not linked to an political party and would operate away from regional, tribal, and politiical disputes. Its main objective was to rid Libya of the remnants of the Islamic State(IS). Although the IS no longer retains control of significant territory since their defeat in Sirte, there are still IS cells here and there throughout Libya no doubt.

Al-Zigal also said:“We will work on the protection of the state facilities and will guard the borders of Libya. We will fight the chaos caused by the spread of arms and shall defend all embassies and foreign diplomatic missions, in addition to our participation in fighting the illegal migration.”

The Presidency Council of the GNA has assigned these tasks to the new Presidential Guard. Just 3 days ago the EU applauded the deployment of the first units of the Guard. According to the Libya Herald the LNG is said to be under the authority of the remnants of the GNC the coup plotters led by Khalifa Ghwell.

Recent clashes in Tripoli have already involved gunmen loyal to Salah Al-Burki whose vehicles bore the insignia of the new LNG. His group clashed with the Abu Sleem Central Security Force of Ghneiwa. One of their main aides was killed in the clashes and they have vowed revenge. The Libya Observer notes that the Libyan National Guard was formed earlier:The Libyan National Guard was formed by the General National Congress in 2015. Military sources close to LNG confirmed that the new established force would not operate under the Salvation Government.It is surprising that the Observer would report that the LNG would not operate under the auspices of the Salvation Government since it, unlike the Herald, was favorable to that government on the whole. It certainly seems that the Guards do not recognize the GNA and is not linked to the eastern HoR government. Unless it recognizes the GNC Salvation government it hardly can claim any authority to guard borders or protect diplomats. It is amazing that the GNA has allowed the coup plotters to remain in control of their headquarters since last October without making any move to dislodge them. With this new development the GNA will be forced to once and for all defeat the group using force.

It is not clear what relationship this new group has to another group formed by the Misrata Military Council. This group joined the Libya Army as discussed in a recent DJ article. These groups however pledged loyalty to the GNA government. No doubt the two groups display a split within Misrata brigades between those who support the GNA and those who do not.

Some members of General National Council attempt a coup in Libya

The attempted coup by some members of the General National Council and Salvation Government is still ongoing after two days. There have been some clashes in Tripoli but the city was mostly calm by nightfall.

The coup leaders took over the Roxios Hotel and "Hospitality Houses" across the road. The buildings were the headquarters of the State Council of the Government of National Accord (GNA) which had seized them some time ago from the Salvation Government. The Salvation Government although still existing had its ministries taken over by the GNA.

The coup was immediately condemned by the UN, the GNA its Presidency Council (PC) the EU and the U.S. However, the rival government of the GNA the Al-Thinni House of Representatives (HoR) government had a less negative response. The coup leaders were probably hoping for a dialogue with some members of the HoR in the hopes of agreeing on a unity government.

The Libya Herald suggests that PM Al-Thinni had effectively rejected calls by coup leader Khalifa Ghwell for a joint government. Al-Thinni insists that Ghwell had to accept the HoR as the sole legitimate legislature. The Herald claims that Ghwell would reject this and also that Ghwell is not in any situation to ditch the former members of the GNC who are now members of the High State Council of the GNA. However, Ghwell declared the Council void and the coup members the only legitimate power. He has in fact ditched them. In fact, the members who originally joined the Council in effect ditched the other members of the GNC who have now carried out the attempted coup. The Herald in the past often opposed the Salvation government.

In a statement, the HoR government suggested it would investigate Ghwell's offer. One HoR member from Benghazi, Ziyad Daghim, a leader of a bloc strongly opposed to the Libya Political Agreement (LPA) and GNA welcomed the invitation. The Herald reports that Ghwell proposed the idea of a joint government with the GNC last month but Al-Thinni was said to reject the idea because he was not proposed as prime minister.

Although the Tripoli attorney general issued an arrest warrant for the people who took part in the coup the group still holds the buildings they seized. Today the Presidential Guard tasked with protecting the GNA are reportedly now supporting and helping guard the coup members. The Libyan Express reports: The Presidential Guard of the Government of National Accord has announced in a TV statement Sunday evening its defection from The GNA and says it now backs up the only legitimate and constitutional government, which is the Salvation Government of the General National Congress.

The Presidential Guard spokesperson said in a TV statement from the Roxio headquarters that the LPA signed in Skhirat was not the right thing and had failed to provide for the Libyan people. The statement went on: The UN-brokered political agreement and GNA was put forth in order to establish a place for Khalifa Haftar and enable him to rule Libya by force.” The statement added that “honorable revolutionaries must be ready to work with the Presidential Guard to protect the only legitimate government the GNC’s Salvation Government and to secure the capital, Tripoli, from all the misdeeds of the illegal armed forces."

Some commentators found it hard to believe that the Presidential Guards of the GNA switched sides tweeting that there must be two sets of Presidential Guards now, one group supporting the Salvation Government coup and the other supporting the GNA. However, the statement on TV seems to show this is not the case. This new development shows the GNA to lack even the power to defeat a coup launched by the few remaining members of the GNC who were left after the formation of the State High Council.

There have been clashes today in Tripoli and the Libya Observer reports that a woman was killed and six wounded when "indiscriminate shells" fell on a Tawerga internally displaced persons (IDP) camp. Security has been strengthened around the headquarters of the coup at the Rixos hotel. We will soon see if there are any militia loyal to the GNA who will attempt to end the coup.

UN, EU, and others condemn the attempted coup in Libya

The UN, the EU and the Libyan Government of National Unity (GNA) have all condemned the attempted coup yesterday by members of the Salvation Government of the former General National Congress (GNC).

Although the Interior Ministry of the GNA was ordered to arrest those involved in the coup, so far no action to do so appears to have been taken. There is tension and some violence in Tripoli but it is not clear that the violence is related to the attempted coup. As a tweet reminds commentators: User Actions "#Libya Worth noting there are pre-existing Tripoli militia disputes, some skirmishing may that + not related to rival govts. power struggle." Another tweet notes there are clashes between two militia in Tripoli: "Avoid BenGasheer,#Tripoli, due to ongoing fighting (tanks being used) btwn militias of BGasheer and Warshiffan. #Libya." So far, there appears to be no violence at the Rixos hotel buildings that the coup leaders seized which are now guarded by militia. The leader of the coup, Khalifa Ghwell is subject to EU sanctions for impeding the implementation of the LPA.

A recent DJ article gives details on the attempted coup. While the coup leaders captured the former headquarters of the Salvation Government, the Rixos Hotel, it did not occupy the naval base or quarters where the Presidential Council of the GNA meets. In fact the PC is meeting today to discuss the situation.

The EU issued a statement on the situation. The statement claimed that the use of force to claim power could only lead to "further disorder and a spiral of violence" with Libyans being the main victims. Of course, force is being used against the Islamic State and Haftar used force to seize four oil ports and is using it not only against the Islamic State (IS) but against jihadists in Derna who fought against IS. There is the standard never-ending call to support the implementation of the Libyan Political Agreement (LPA). The statement calls for the Presidency Council(PC) to set forth an inclusive new proposal for the formation of the GNA on which the House of Representatives(HoR) need to vote "in a fair and orderly manner". On October 22nd it will be two months since the GNA vote of confidence went down to defeat in the HoR. Yet there is no sign yet of a new cabinet nor a date for a meeting of the HoR on the issue. The EU offered continued support for the United Nations Support Mission in Libya. The UN envoy, Martin Kobler, was not named.

Kobler condemned the coup attempt warning that it would bring "further disorder and insecurity". A tweet sums up the reaction of several stakeholders to the coup: "UNSMIL, EU & Western ambassadors to Libya condemn takeover of #StateCouncil HQs in Tripoli by members of exGNC,reaffirm support for GNA &LPA."

The U.S. State Department issued its own statement and demands that the seized buildings be returned back to the GNA: The United States is concerned about reports of violence in Tripoli and the use of force to take over the headquarters of the State Council. Government buildings in Tripoli should be returned to the control of the Government of National Accord (GNA) and all parties should exercise restraint. The United States reiterates its support for the Government of National Accord and the Libyan Political Agreement, and calls on all parties to work together toward creating a safe, prosperous and free Libya that provides for the needs of its people.The statement does not mention that the buildings were originally seized some time ago from the GNC by militia loyal to the GNA.

The reaction of the HoR government does not condemn the coup. A recent tweet notes: "The Interim Govt declares it is following Tripoli events with utmost interest, acknowledging the Salvation Government's declaration'" The coup leader Ghwell may attempt to renew a Libya-Libya dialogue and an agreement without foreign intervention that was discussed in Malta back in December of 2015. The weakness of the GNA has been shown by the lack of any quick reaction by security forces to put down the coup and retake the High Council of State headquarters.

Critics pan GNA State Council and claim it lacks legitimacy

The State Council of the UN-brokered Government of National Accord (GNA) is meeting again to establish its administrative rules.

Critics claim the Council has no legitimacy until the GNA is given a formal vote of confidence by the Tobruk-based House of Representatives. Last week, the State Council established itself as described by the Libya Herald:

Last Tuesday, several dozen members of the General National Congress (GNC) announced the approval of the LPA, the GNC dissolved and the State Council in session. They then proceeded to elect Misratan politician Abdulrahman Sewehli as president and Saleh Makhzoum, the former GNC second deputy president, as the Council’s first deputy president.

There have been protests both in Tripoli and Benghazi against the establishment of the Council. Emhemed Shouaib, deputy president of the HoR, has said the self-declared formation of the State Council is a violation of the Libya Political Agreement. He said that there would be a meeting of Libya Dialogue members this Thursday to discuss the issue.

Faithu Bashagha, a boycotting member of the HoR from Misrata, said a meeting of the Dialogue members could only complicate matters. Apparently, a meeting of the Dialogue members was appropriate when the UN wanted to have the GNA up and running, with no vote from the HoR. It helped give a green light for the GNA to declare itself born and to move to Tripoli. Bahsagha said: “Where were these voices when the HoR violated the political agreement and removed (item 8) from the appendix rules.” There is no item 8 in the appendix as far as I can find. Probably he means article 8 in the main text or article 8 of the additional provisions. These are articles that give the Presidential Council the job of commander-in-chief of the Libyan National Army taking away Haftar's job. There is no way that the HoR can remove the sections as even UN representative Martin Kobler has said. What the HoR did was to approve the GNA only in principle and demanded that Section 8 be removed. Both sections are still there. The HoR does not have the power to amend the LPA. The Presidency Council has simply ignored both provisions of Section 8 continually violating the LPA. That is an issue the Dialogue members could take up.

The Libya Herald reports on the position of Makhzoum who drew up the list of the State Council and convened the meeting last Tuesday:For his part, Makhzoum has insisted that the meeting of the State Council was legitimate because at Tuesday’s meeting, the GNC had amended the Constitution and legalised the LPA. That, he claimed, in no way contradicted the HoR’s role in approving it. The State Council, he said, was committed to the LPA and the HoR was the country’s sole legislature.The list was supposed to be presented by Abusahmain, the president of the GNC, but he rejects the GNA and did not present a list. Violating the LPA, the GNA presidency — with the approval of the UN, no doubt — had Makhzoum draw up the list and approved it. There were two sections of the State Council meeting. In the first part, Makhzoum convened the group as the GNC. From the GNC point of view it is the sole legitimate legislature of Libya as the Libyan Supreme Court had ruled in November 14 that the HoR elections were unconstitutional and the HoR should be dissolved. Thus the GNC is the legitimate legislature in spite of the fact that the international community recognized only the HoR until the GNA came along. The GNC can thus legitimately amend the constitution and approve the GNA. As Makhzoum said the HoR can still approve the GNA although it seems only necessary since it will be the legislature of the GNA. Perhaps as I suggested recently, if the HoR does not sign on to the GNA soon, those favoring the GNA from the HoR will meet in Tripoli declaring themselves the HoR and pass a vote of confidence in the GNA.

In a recent article, Jason Pack also points out some of the difficulties in the formation of the State Council and some criticisms of the move. He describes the establishment of the State Council as follows: On 5 April the GNC announced its dissolution and the establishment of the State Council. On 7 April the 73 members of the GNC circumvented the HoR by ‘amending’ the constitutional declaration and electing the controversial Misratan politician Abdulrahman Sewhli as President of the SC.

Mohamed Eljarh on the Presidential Council in Tripoli Libya

A recent article by Mohamed Eljarh, non-resident fellow at the Atlantic Council, summarizes what has happened since most members of the Presidential Council (PC) of the UN-brokered Government of National Accord(GNA) arrived at a naval base in Tripoli.

Ejarh notes that the PC has managed to consolidate its position by getting support from key institutions such as the Central Bank and the National Oil Corporation. He points out that the PC will be expected to deal with problems such as the cash crisis. However, he notes control of these key institutions gives the PC huge advantages over its competitors. The advantages are that it can cut off funds and oil revenues from the GNC — and perhaps the HoR as well — if the head of the oil guards, Ibraihim Jahdran, who supports the GNA, is able to open the oil ports. The PC also gained the support of many municipal authorities. Eljarh says it is important that the international community delivers on its promises to help in order to strengthen the PC. Eljarh clearly favors the GNA and applauds efforts to help it succeed. He worries that a wrong move might lead to instability.

He notes that the PM of the Tripoli-based government still has not relinquished power and the president of the GNC Abusahmain also refuses to recognize the legitimacy of the GNC. Next Eljarh gives a very uncritical account of the meeting in Tripoli at which the new State Council was established:The pro-GNA bloc of the GNC (known as the Wefaq bloc) which is made up of around 73 members met in Tripoli on April 5 to announce the dissolution of the legislative body and the establishment of the new State Council—the highest consultative institution according to the LPA.He does note that "many legal arguments surround the circumstances of the State Council's meeting" but does not bother to tell us what they might be. His account of what the meeting did also omits much of what happened. As a bit of background I quote from the Libya Politlical Agreement (LPA) about the Council:The State Council shall comprise one hundred and forty five (145) members who were elected during the General National Congress elections on 7 July 2012 as per the following:1. One hundred and thirty four (134) male and female members of the General National Congress who enjoy sound membership at the signing this Agreement. The Presidency of the General National Congress shall submit a list containing the names of those members.

Note that there were actually half or less of the Council at the meeting. The members were supposed to be from a list submitted by the president of the GNC. Of course he does not recognize the GNA and so did not submit a list. The UN decided this was no problem they simply had Saleh Al-Makzhoum who was expelled from the GNC make up a list and then the UN and PC accepted it. Makzhoum presided at the Tripoli hotel meeting. As described in a recent article the meeting did several important things: The session, which was described also by the attendants as “the final session of the GNC, was put to effect by the second Deputy Speaker of the GNC, Saleh Al-Makhzoum, in which all of the attendants voted unanimously on amending the constitutional declaration and including the political agreement.Eljarh fails to mention that the GNC amended the constitutional declaration as well as approving the LPA and then dissolving itself.

Clearly one of those pesky legal problems is that the group was not the GNC and hence could not dissolve itself. Even worse, the GNC is not the internationally recognized legislature so it could not possibly amend the constitutional amendment. The only way this can make sense is if you accept the Libyan Supreme Constitutional Court decision of November 2014 that the the HoR was unconstitutional and should be dissolved, leaving the GNC as the sole legitimate government. It could the play the role of the HoR as in the LPA and do the amendment. I explain this in a recent article. An actual meeting of the GNC at their headquarters called the hotel meeting illegal and was to send the issue to the judiciary. However, the GNC needs militia not judges.

Eljarh notes that the question of the GNA's legitimacy is an obstacle to progress. However, this seems to be not so. The GNA declared itself up and running without a vote of confidence from the HoR. It used the letter signed by an alleged majority of the HoR supporting the GNA and a meeting with the political dialogue as a green light to go ahead and move to Tripoli. It is gathering support and gaining control without any HoR vote. The GNA needs to vote to placate Haftar and the HoR and bring them on board and also to serve as the legislature of the GNA.

Eljarh remarks: An important part of the debate within the Tobruk House of Representatives is the question of the Libyan National Army (LNA) and its General Commander Khalifa Haftar; finding an acceptable settlement on this issue will prove difficult and all parties involved will have to make difficult compromises.

As his first point in a guide for policymakers as Libya continues with the implementation with the LPA, Eljarh says:Implementation of the LPA: any legally or constitutionally controversial moves must be avoided, as such moves would open the door for legal challenges in the future that would destabilize the political transition. Legally or constitutionally questionable moves must not be condoned or welcomed by any of the parties involved, either Libyan or international.However, all along when the UN or GNA have a difficulty they get around it only by violating the LPA. The meeting of the State Council is a recent example. Ignoring section 8 of the LPA is another example. But that is just the tip of the iceberg. I discuss a few examples of violations here There have been numerous violations but the GNA still has the support of the UN Security Council and the international community. If the UN cannot find a solution that does not violate the LPA it will certainly violate the LPA again.

The strategy of the UNSMIL in Libya

The UN has one overriding aim in Libya: to create a unity government or Government of National Accord (GNA) which can then ask for military aid to fight the Islamic State, and for help to deal with migration to Europe.

The first phase of UN strategy was to convene a Libyan Political Dialogue of various stakeholders including representatives of the two rival governments. The former internationally recognized government is the House of Representatives (HOR) based in Tobruk in the east of Libya. The rival government is the Tripoli or Salvation government of the General National Congress (GNC) based in Tripoli. The scheme was to have dialogue members come up with a Libyan Political Agreement (LPA) which would then be approved by both parliaments.

The former UN Special Envoy to Libya, Bernardino Leon, was able to come up with what he regarded as a final draft of the LPA, which also included the outline of the GNA. However, Leon was never able to have the LPA passed through either parliament. Had he been able to do so, the two rival governments would have voluntarily handed over power to the GNA. It would have been a voluntary regime change from the HoR and GNC to GNA.

When Special Representative of the Secretary-General, Martin Kobler, took over for Leon. he also failed to get either legislature to approve the LPA. However, there must be a GNA and so Kobler gathered together all those representatives from the Dialogue who supported the LPA and had them sign the LPA in Skhirat, Morocco, on December 17 last year. Those who signed from the two rival governments had no authorization to do so. Now there is forced regime change at the stroke of a pen, so to speak. The UN Security Council supported the move along with the international community as a great leap forward. One problem remaining was that the HoR had to give a vote of confidence in the GNA before its term began according to the terms of the LPA.

The UN and the GNA have so far been unable to get this vote. Yet the GNA must go on. Instead of getting the vote, Kobler noted that after one failed meeting a letter approving the GNA was allegedly signed by a majority of the GNA. This letter, together with the alleged blessing of ,members of the Dialogue that Kobler convened, gave the GNA the go-ahead to announce its birth. The UN still noted that the HoR should give a vote of confidence but carried on without it. However, a recent meeting in the east with military commanders and others threatened to separate eastern Libya — Cyrenaica — from the rest of the country unless certain demands were met, including keeping Haftar as the head of the army. Two sections 8 of the LPA, as it is at present, require that the Presidency Council of the GNA take on Haftar's position as commander-in-chief of the Libyan National Army. Suddenly, it became important the HoR vote again.

Another reason why the HoR must decide to support the GNA is that it is the legislature of the GNA. It also approves some of the appointments of the Presidency Council. What could the GNA do without the HoR? One possible solution is found in the recent meeting of the State Council, a mainly advisory body of the GNA composed of GNC members. The GNC does not recognize the State Council. The members were chosen by Makhzoum, who was one of the unauthorized signers of the LPA. He was expelled by the GNC some time ago. The LPA says that Abusahmain, the president of the GNC, should present the list. But he and the GNC do not recognize the GNA so of course he did not send any names. The UN solution was just to have someone who does agree to make up the list — Makzhoum — to do so even though this violates the LPA.

The GNA decided that this State Council could also be the GNC. It convened a meeting in a Tripoli hotel at which the State Council during the first part magically transformed itself into the GNC. It passed a resolution that supported the GNA, amended the constitutional declaration of 2011, and then dissolved itself and became a meeting of the State Council. The actual GNC met and declared the other meeting illegal, but how many militia does it control now?

You might wonder how the amendment to the constitution could have any validity when passed by the GNC. In 2014 the Libyan Supreme Court held that the elections that led to the HoR were unconstitutional and the legislature should be dissolved. This leaves the GNC and the associated Salvation government as the one legitimate Libyan government. If the legitimate government's legislature amends the constitutional declaration that is all that is needed. The LPA claims it should be the HoR but it turns out that the HoR is not the legitimate government after all and it is the GNC that can do the amending.

Now the way is open for a new UN strategy should the GNA fail to get a vote of confidence and amendment from the HoR. The UN can simply gather together all those who support the GNA from within the HoR and have them meet in Tripoli as the legislature of the GNA, a reborn HoR just as there was a reborn GNC. Before they are reborn they could say they are the old HoR because after all they are a majority of it supposedly. They can then pass a motion to support the GNA and become the HoR of the GNA legislature. The actual HoR could call this all illegal as the GNC did with the State Council meeting. In this case the HoR might be backed by Khalifa Haftar and the LNA. If this happens we might see Cyrenaica separate. Tomorrow we will see if the HoR has a quorum and a vote. If everything is passed without any problem the strategy discussed here will not be necessary.

Interview with Toaldo and Eljarh on the Libyan situation in the Middle East Eye

The Middle East Eye had a recent interview with Mattia Toaldo, Policy Felllow for the European Council on Foreign Relations, and Mohamed Eljarh, non-resident Fellow at the Atlantic Council.

The two analysts are asked a number of questions in an attempt to make sense of the complex series of happenings in Libya. The whole interview is well worth reading in its entirety and much superior to the reporting in most coverage of Libyan events in my opinion. Toaldo gives an interesting account of why the Libya Dawn militia did not come out in support of the Tripoli government and mount a fight against the GNA when it arrived in Tripoli.

He also suggests: Some people in Libya fear that the GNC might try to take the lead [in the GNA] because of the HOR not moving forward with its implementation. They fear that some Europeans and the United States might say "okay, the HOR doesn't want to play ball, the GNC State Council has been purged of its hardliners, so let's work with the GNC".Toaldo thinks that will not happen because the HoR has the backing of Egypt and the UAE. He does not think France or Italy will go against the wishes of these supporters of the HoR. Actually, they are supporters of Khalifa Haftar the commander in chief of the Libyan National Army who virtually controls the HoR. Some might worry that members of the Muslim Brotherhood could dominate "Libyan politics" but Toaldo thinks this unlikely. What could happen however is that to bring the HoR on board and support the GNA, the UN might allow Haftar to keep his position and if this happens the GNA might implode with Islamists and many others leaving.

Mohamed Eljarh notes that the HoR must meet and vote an amendment on the constitutional declaration of 2011 and also vote confidence in the GNA. Eljarh believes that there will most likely be a positive vote but Article 8 of the additional provisions still is an obstacle:Article 8 of the additional provisions states that all senior military positions would be reset as soon as the agreement is signed, but that has not been the case because the House of Representatives about seven weeks ago met and voted to drop Article 8 or freeze it completely. I think that will be one of the sticking points there. But my reading is that there will be a compromise and that we will see Article 8 frozen or dropped altogether and then we will see the GNA approved.

There are two articles 8. One in the main text and one in the additional provisions, the one that Eljarh refers to. What it actually says is this: 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.This appears to say that the power of commander in chief is transferred to the PC. As I argued in an article back in the middle of January. Haftar lost his job back on December 17. Is that incorrect? Exactly why?

Eljarh says that it is "because the House of Representatives about seven weeks ago met and voted to drop Article 8 or freeze it completely." However, the article came into force immediately upon signing the agreement at Skhirat. Seven weeks ago is some time in February. It was already in force for some time but was ignored. The GNA ignored its own responsibilities under the Libyan Political Agreement (LPA).

The HoR has no power to drop an article or "freeze" an article, whatever that means. Even Kobler pointed out that the LPA had to be passed as it is before it could be amended. So how can there be such a compromise? It is legally impossible. Perhaps there will be more illegalities. The compromise Eljarh suggests breaks the terms of the LPA.

There is another section 8 that Eljarh does not even discuss that comes into effect immediately upon the vote of confidence in the GNA by the HoR, that is as soon as the term of the GNA begins:2. Terms of Reference of the Presidency Council of the Council of Ministers: a. Assume the functions of the Supreme Commander of the Libyan army

The GNA has already declared itself alive and up and running without a vote by the HoR. One should think then that even if the GNA somehow managed to "freeze" the article 8 in the additional provisions the article in the main text should now be in force. These are plain and rather simple illegalities perpetrated by the UN and the GNA but somehow they are not considered even by serious analysts.

Eljarh notes the Haftar's position is that he is head of the army and he does not do politics, and that he will back any government that is approved by the HoR. But arguably Haftar controls the HoR. The PM has twice been prevented by Haftar from flying out of Libya. Note that he still insists that he is head of the army and if both sections 8 are somehow frozen or deleted he will remain in his position. There will be huge conflict within the GNA if and when the GNA names a new commander in chief. Haftar being beyond politics but having plenty of loyal followers with guns may just ignore any appointment as commander in chief that is not himself or someone who has his blessing.

Coverage of the "dissolution" of the Tripoli-based GNC government

As the UN-brokered Government of National Accord, led by PM-designate Faiez Serraj, begins to establish more power in Tripoli and western Libya, the mainstream western media are beginning to take some notice of events in Libya.

This article will analyze CNN's recent coverage of the reported dissolution of the Tripoli-based General National Congress (GNC), a rival to the Tobruk-based House of Representatives (HoR) in the east of Libya. CNN repeats an account also found in the Libya Observer. Both accounts note that the statement came from Libya's Justice Ministry. The Observer adds that it was on the Ministry's Facebook page. Neither report bothers to note that a report that the Tripoli or Salvation Government as it calls itself is dissolved should surely come from the official government itself, not a ministry. The CNN report reads as follows:

The self-declared, Islamist-leaning National Salvation Government, headquartered in the capital, Tripoli, said in a statement it was ceasing its work in the "supreme interest of the nation," in a move to prevent further violence and division and remove the capital "from the specter of armed conflict." "We inform you that we are stopping our work as an executive power, as the presidency, members of parliament and ministers of the government," read the statement published by Libya's Justice Ministry on Monday.

The statement probably represents an attempt by Ministry officials to force the government to hand over power. The PM of the government,Khalifa Ghweil, sanctioned by the EU, issued his own statement contradicting the announcement: "Given the requirements of public interest... you are requested to continue your mission in accordance with the law." He even threatened to prosecute anyone who works with the new government. Alarabiya also reports on Ghweil's statement. The CNN account does not include it.

The Observer account gives more background to what has happened. It notes that on March 29 the Salvation Government issued a statement in which it described the Presidential Council members who came to Tripoli as infiltrators and said they should go back to Tunis. A later statement, on March 31, said the government decided to pass all legislative issues and decisions to the GNC. It said the GNC is the only legitimate authority in Libya and should do as it sees fit. The CNN article fails even to note that the GNC still exists. Even the contested declaration of the Justice Ministry says nothing about the GNC, just the associated government.

The CNN article cites Maher Shami, spokesperson for the HoR, as saying the government there is not ready to cede power to the GNA because "it was not properly consulted on the transfer of power." This makes it sound as if somehow it is merely a demand that it be consulted on the transfer of power that is at issue. This is quite wrong. It is one of the requirements of the Libya Political Agreement (LPA) that the GNA receive a vote of confidence by the HoR before its term even begins. Reading CNN one would never have an inkling that there might be something wrong in the GNA even claiming power. There is nothing in the CNN report about Khalifa Haftar, or the HoR demand that he stay on as commander-in-chief of the Libyan National Army. All we learn is that the HoR wants proper consultation on the transfer of power. There is no mention of the fact that if Haftar is not kept on as commander-in-chief, eastern Libya could separate.

Although the CNN is reporting on the dissolution of the Salvation Government, it has nothing to say about the meeting of the State Council of the GNA that met in a Tripoli hotel. There, the State Council decided that they were also the General National Congress and dissolved it and then unanimously passed a resolution approving the GNA and amending the Constitutional Declaration of 2011. They have no power to do the latter. There is nothing of Abusahmain's condemnation of the meeting and its actions or threats of court action.

The CNN report, as with many mainstream reports, is not so much wrong as simply misleading since it leaves out important information necessary to understand what is happening. The Salvation Government and the GNC might as well have dissolved as they do not seem to have any power but the CNN account does not give the reader any idea of what is behind the failure of the HoR to relinquish power and neglects the fact the General Haftar is a key player in any solution to the problems in the east.

GNA State Council meets in Tripoli pretends to be GNC dissolves itself and becomes State Council after approving GNA

The State Council of the UN-brokered Government of National Accord (GNA) met today in Tripoli. It called itself the General National Congress (GNC) and then dissolved itself to be reborn the State Council of the GNA.

The usually pro-GNC Libya Observer notes that a number of members of the GNC held a meeting that they described as the first meeting of the State Supreme Council of the GNA. The Council's function is described in article 19 of the Skhirat LPA of December 17. It is mostly an advisory body. The only legislative powers in the GNA are those of the House of Representatives (HoR). The makeup of the Council is described in Annex 3 p. 26:

The State Council shall comprise one hundred and forty five (145) members who were elected during the General National Congress elections on 7 July 2012 as per the following:1. One hundred and thirty four (134) male and female members of the General National Congress who enjoy sound membership at the signing this Agreement. The Presidency of the General National Congress shall submit a list containing the names of those members.

Note that the President of the GNC is to submit the list of names for the Council. There was a slight problem. The GNC has not accepted the LPA and Sahmain the president would not send a list. The solution was to enlist former Deputy Speaker Saleh Al-Makhzoum to draw up a list. The list was accepted and the PC the UN and everyone who counts accepted the resulting group as the Council even though this violates the terms of the LPA. Makhzoum also signed on to the Skhirat agreement even though he was not authorized to do so and was not part of the GNC negotiating committee. He and a number of others in the Council have been expelled from the GNC. These are just trifling illegalities of no importance.

The Council Session with 70 members present was held at the Radisson Blu hotel in Tripoli. The actual GNC met later at the GNC headquarters in Tripoli. The Observer notes:The session, which was described also by the attendants as “the final session of the GNC, was put to effect by the second Deputy Speaker of the GNC, Saleh Al-Makhzoum, in which all of the attendants voted unanimously on amending the constitutional declaration and including the political agreement.

This is a supposed meeting of the GNC called by Al-Makhzoum who was expelled from the GNC some time ago. The president of the GNC is not even there and the meeting is in a hotel because the actual GNC will not allow them to use the GNC headquarters. The actual GNC session said the hotel meeting was illegal. They decided to send the issue of the LPA to the judiciary.

Considering that the Libya Herald is often opposed to the GNC it has a quite critical report of the meeting. The Herald mentions that the meeting was at first chaired by Makhzoum and was held in the Radisson hotel because the headquarters of the GNC was still held by Sahmain and his supporters. The Herald quote Makhzoum as saying that 94 members were there but also noted that there were only 67 who were present in the hall. The Herald describes events after the unanimous vote on the constitutional amendment and GNA:In what appeared very much as a stage-managed event, after Makhzoum announced the end of the GNC, the GNC logo behind him was removed and replaced with this of the State Council.

The Herald ends with a statement that shows the entire meeting was illegal since the HoR alone under the terms of the LPA can endorse the agreement and since it has not done so, theoretically the State Council does not exist. One could add that the HoR also needs to pass the constitutional amendment. The State Council does not have the power to pass any legislation even if it does exist. It is an advisory body. These events are bound to result in a negative reaction from the HoR.

Deputy President of the HoR, Emhemed Shouaib, reacted quickly and called on the State Council to show political wisdom. He noted that it was the HoR that needed to vote confidence in the GNA and pass the constitutional amendment: ‘‘Ladies and gentlemen attending the meeting (of the State Council in Tripoli today) tried to pre-empt time and to burn through the various stages (of the LPA) and promoted interpretations and explanations, avoiding the facts of the (Libyan Political) agreement’’. Other members of the HoR and Haftar loyalists may react less diplomatically.

UN's Martin Kobler anxious for House of Representatives to vote confidence in Government of National Accord

Although the UN-brokered Libyan Government of National Accord (GNA) has moved to Tripoli and is recognized as the sole legitimate government by the UN, the House of Representatives (HoR) has yet to hold a formal vote of confidence in the GNA.

The formal vote is required by the Libya Political Agreement (LPA) signed on December 17 in Skhirat, Morocco. Those signing included members from both the HoR and the rival General National Congress (GNC). The members who signed had no authorization to do so by either parliament. Neither parliament ever voted approval of the agreement.

The Special Representative of the Secretary General (SRSG), Martin Kobler claims the HoR approved the LPA in January. This is false. They approved it only in principle. As I explained in a recent article:The claim that the HoR approved the LPA in January is strictly speaking a falsehood. What it did was accept the LPA in principle but in effect rejecting it and the GNA as well. They demanded that Section 8 of the LPA that gives the function of commander-in-chief of the LNA to the presidency council immediately upon the vote of confidence in the HoR be deletedNo one notices when Kobler distorts the truth in important ways.

Section 8 appears to be forgotten so it is worthwhile actually reading what the Skhirat agreement says. It is actually available online. There are two sections 8. One is in the main text on page 8 and says: 2. Terms of Reference of the Presidency Council of the Council of Ministers:a. Assume the functions of the Supreme Commander of the Libyan army.This is to take effect immediately upon the HoR vote of confidence, which marks the beginning of the term of office. However, the GNA is already operating, recognized as the sole legitimate government, and the Presidency Council meets with mayors, central bank head etc.etc. So the Presidential Council is supposed to be commander in chief of the Libyan National Army. Not a word about this in the press. But that is not all. There is another section 8 in the additional provisions on page 20: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.The agreement was signed on December 17. According to the agreement that the UN and others applaud Haftar lost his job last year. Apparently, Haftar did not receive notice of his termination. Perhaps the EU should sanction whoever forgot to send it.

For some time now the GNA has been acting as if it is already in operation and the UN and international community has accepted this as the case. After the HoR did not give a vote of confidence in the GNA, Kobler simply gathered together the members of the Libya Dialogue who signed Skhirat to get their blessing and prated on about the majority of the HoR who had sent a letter stating they accepted the GNA. Then the Presidency Council announced the birth of the GNA: The council said in a statement on Saturday that it had a majority of signatures approving the new government from the House of Representatives (HOR) – one of Libya’s two rival post-Gaddafi assemblies – as well as endorsement by other political figures. This amounted to a “green light to start work”, the council said.The Presidential Council warned that “all Libyan sovereign and public institutions and the heads of financial bodies to start communicating immediately with the Government of National Accord so as to hand over power in a peaceful and orderly manner. The Presidential Council also calls on the international community and international and regional organisations ... to stop dealing with any executive power that does not follow the Government of National Accord.”

While the UN still occasionally reminded the HoR that they should carry out their obligations under the LPA, they did not bother to say what they were. At least five meetings were held of the HoR afterwards with no quorum at any. In spite of the fact that a majority support the GNA, it seems that they cannot be bothered showing up at Tobruk to vote. Twice last week the president of the HoR, Ageela Salah pleaded with members to appear so there would be a quorum. You might think members of the majority might be subject to sanctions for not coming and obstructing the peace process. This did not happen. Salah was sanctioned by the EU.

Yet suddenly Kobler is anxious for a vote even though he has been successful in activating the GNA without a formal vote. In a tweet he says:The HoR remains the legitimate body to endorse the GNA. I urge the HoR to hold a comprehensive session to vote on the GNA in free will.No mention of the need for an amendment to the Constitutional Declaration of 2011. The reason for the need for a vote after the GNA went ahead without it can be found in the recent meeting of members of the HoR, mayors and notables from the east who rejected the GNA and demanded that their demands be met or Cyrenaica might separate. This is what lit the fire under Kobler. One of the demands is that Haftar remain commander-in-chief. Will Kobler agree to ignore the two sections 8 as has been done so far? Perhaps the HoR will demand an iron clad guarantee to keep Haftar on. If Kobler promises one, the GNA will probably implode with Islamist members leaving. So far they remain even though the GNA has clearly violated both sections 8 of the LPA and their sworn foe remains at the helm. What did Kobler promise them to keep them quiet?

GNA appears to be winning over GNC for control of Tripoli

Members of the Presidential Council from the Libyan Government of National Accord (GNA) led by PM Faiez Serraj recently arrived in a naval base adjacent to Tripoli. While at first there were threats to arrest the group from the rival General National Congress (GNC) and there were a few clashes during the first day, things have quieted down and the GNC appears to be in no position to launch any significant opposition to the GNA. While the description of what happened described in a recent Digital Journal article may not be accurate, the GNC might as well have vanished. The GNA has been able to meet with a number of local officials and 10 cities in the west of Libya have come out in support of the UN-brokered government. . There have also been demonstrations in support of the GNA in Tripoli. The PC has also met with the chair of the Central Bank. The GNA wants to gain control of it and other institutions and block off funds to the GNC. The chair of the bank appears to be cooperating with the GNA.

In a statement on Thursday, PM of the GNC Khalifa Al-Ghawell said he was not interested in power and he will abide by any GNC decision on the GNA. However, there appears to be no official statement yet from the GNC. Al-Ghawell said: "My rejection to the so-called Presidency Council will be in a peaceful and legal manner without any use of force." He said rumors of his departure and handing over power to the GNA were baseless. However, there is not a word about arresting members of the GNA or taking any actions that would block the GNA from taking power. He is under sanction now by the EU. Perhaps they will be lifted for good behavior.

The president of the GNC, Nuri Sahmain, also made a statement. He described the arrival of the GNA in Tripoli as an "illegitimate coup" yet said he still supported the Libyan Political Dialogue. This is rather senseless since there has been no dialogue since Kobler took over and said that there would be no more amendments to the Libyan Political Agreement. Of course he then went ahead and amended it. Sahmain ignores the fact that the GNA is simply using its power to bribe, support of the big powers, and the UN security power to create its own legitimacy. Once it gains control of the Central Bank, the GNC will have no means of financing itself. Sahmain however still thinks the GNA needs more national agreement before it begins operation:He said that there remained “disputed issues” in the Skirhat Libyan Political Agreement which would have to be resolved before the Government of National Accord under Faiez Serraj would have any authority. He said that there needed to be more national agreement before the GNA could start to operate.Apparently the statement was on behalf of the GNC as well. It ended by calling for self-control by all sides and avoidance of bloodshed. No talk of arrests of the presidency council members from the GNA. Sahmain is also sanctioned by the EU.

Kobler, Faiez, and international supporters are busy cheering and posting photos of the GNA crew in Tripoli. However, there is no news of what is happening in Tobruk and in the HoR. There is complete silence from Khalifa Haftar. Will the HoR meet Monday to vote on the GNA and amend the constitutional declaration of 2011? What happened to the two sections 8 of the LPA which took away Haftar's job? Are they "frozen"?

Imhamed Shouaib, the deputy president of the HoR had some revealing comments after arguing that the LPA should not be re-opened or amended: ".. he stressed that at times measures must be taken that are not strictly democratic. This is forced upon us by the situation that Libya finds itself in, he explained. He explained that the national interest of the country had to be balanced politically with strict legalistic or democratic practices. "Surely the UN, the GNA, or the international community would not do anything illegal.

Libya Herald report claims GNC government in Tripoli has vanished

There have been a number of rumors about what is happening in Libya, some turning out to be false. An article in the Libya Herald reports that the General National Congress (GNC) government in Tripoli has virtually disintegrated.

The Libya Herald is usually opposed to the GNC. An article by Saber Ayyub begins:

 The self-styled National Salvation government appointed by the rump of the General National Congress and led by Khalifa Ghwell has not so much collapsed as completely vanished. Ghwell left Tripoli last night for Misrata. The prime ministry on the Sikka Road was taken over yesterday afternoon by members of Presidency Council’s Temporary Security Committee. Its files and computers were sealed.Other reports also note that the prime ministry office was taken over.

The Libya Observer, usually pro-GNC, has no coverage at all of the most recent events. It does, however, have a report on changes that the Grand Mufti wants to the LPA before he finds it acceptable. One has to do with the definition of "terrorism." A key change would sideline Haftar and other former members of Gadaffi's army: Sheikh Al-Gharyani also called for amendment to the security arrangement article so that it excludes killers and oppressors who shed the innocents' blood, in reference to Khalifa Haftar and his army.Such an amendment would infuriate Haftar supporters and would never be passed.

The Herald article claims a Misrata source said that elders from the city as well as members of its military council went to Tripoli and met with Ghwell the GNC PM and told him he had to give up. Misrata is Ghwell's home and the report claimed he returned to Misrata with the delegation. The source also said:The Misratans also reportedly visited Martyrs’ Square where Misratan militia leader Salah Badi had been holding an anti-Serraj demo. “ They told him to go home,” said the source “and he did”.There is a considerable amount of psychological warfare going on and until other sources verify this account it remains unsubstantiated. Even so, the GNA is meeting with the Central Bank head, who is cooperating with the GNA in what appears to be a deliberate attempt to disrupt financial services and starve the GNC of funds.

Many of the GNC members will have jobs within the State Council that is part of the GNA. Giving in is not really an entirely losing proposition, especially when compared with having no means to have your salary paid. The Herald report also says Abu Sahmain, president of the GNC, also is thought to have gone home to Zuwara to the west of Tripoli. One person who did not go to meet with Serraj was the Grand Mufti Al-Ghariani.

Sahmain did make a statement. Surprisingly it is not yet reported by the Libya Observer but only by the Herald which called the statement unusually mild. However, he did describe the Tripoli arrival of the Presidency Council of the GNA as an "illegitimate coup". He claimed that there had to be more national agreement and disputed issues solved before the GNA would have legitimacy. He strongly condemned the attack on the pro-GNC TV station that closed it down, as well as an attack on a member of the GNC administration Abu Zakok. He called for self-control by all sides and avoidance of violence. It seems the statement was on behalf of the GNC.

Martin Kobler, the Special Representative of the Secretary-General (SRSG) congratulated Faiez and the Presidency Council on their work and noted their meetings in their headquarters. Surprisingly Kobler noted that he had just returned from Istanbul where he made met with a number of parties and also Abdelhakim Belhaj:Kobler confirmed that he had just returned from Istanbul where he had met with members of political parties including Belhaj where he said he urged them to use their influence to call for the peaceful transition to the GNA.

Belhaj is a radical Islamist. Meeting with him will be viewed with considerable suspicion by Haftar and his Operation Dignity supporters.

Perhaps the HoR will also decide to capitulate. All the members of the HoR will have jobs, as the HoR is the legislature of the GNA. It is not clear what the status of General Haftar is at present except that he is still head of the LNA when according to the LPA he should not be. Nevertheless, the Justice and Construction Party of the Muslim Brotherhood supports the GNA. This will make Haftar and supporters of his Operation Dignity quite wary of giving power to the GNA. One never knows what the next day will bring in Libya. Perhaps the vanished GNC will magically reappear tomorrow.

UN Secretary-General supports new Libyan Unity Government but no vote in HoR

Ban Ki-Moon, the UN Secretary-General, met Deputy Prime Minister of the Libyan Government of National Accord (GNA), Mr. Mousa Al-Kony.

The meeting was announced in a press release from the United Nations Support Mission in Libya website. Moon commended the efforts of the Presidency Council in leading the democratic transition. He said peace and stability in Libya are the highest priority for the UN and the international community. This is just nonsense. The UN and international community's top priority is for regime change. They want to replace the two rival governments by the GNA. They then want the GNA to ask for foreign military intervention so as to combat the Islamic State and stem the tide of refugees flowing from Libya to Europe. Attempting to force the rival General National Council (GNC) and its militia to accept the GNA in Tripoli is likely to create not peace and stability but more violent confrontations.

Moon expressed concern about the worsening humanitarian situation. However, instead of demanding immediate help, the UN appears to be using the situation as a lever to gain support for the GNA. Once the GNA is up and running, then and only then, will there be much international help. Moon also claims that the expansion of the Islamic State needs to be addressed. It is not clear the Islamic State is actually expanding much at present. They have suffered a number of setbacks. The release could have been written by the Special Representative of the Secretary-General, Martin Kobler, it has the same moralizing tone, praise for the GNA and pleas for the bad guys to be good:The Secretary-General also expressed his full support to the Presidency Council and encouraged them to exercise strong leadership to swiftly establish the Government of National Accord in Tripoli. He urged those who obstruct the return of the Presidency Council to Tripoli to cooperate in the immediate, orderly and peaceful handover of power. The people of Libya deserve a strong and United Government to end their suffering and bring back peace and stability.

Notice that the release no longer calls the GNA deputy PM "designate" but as already an official. Despite no formal vote of confidence from the HoR, the UN now recognizes the GNA as already in session. The UN, the GNA, and others apparently take the statement of an alleged majority of the HoR in support of the GNA as sufficient for it to be activated. It ignores that there should be a formal vote and an amendment to the Constitutional Declaration of 2011. There is no mention of the fact that the HoR rejects the GNA and its move to Tripoli until a vote is taken. There is no mention of the fact that for the last six meetings now there has been no quorum at HoR meetings.

Ageela Salah, the president of the HoR, urged members of the HoR to come to Tobruk on Monday to vote on the HoR. There was no quorum: The House of Representatives (HoR) has failed to meet in official session in Tobruk again today due to the lack of a quorum.The failure comes despite an earlier call by HoR president Ageela Salah on all members to meet in Tobruk today in order to vote on the constitutional amendment and the Government of National Accord (GNA).Today as well there was no quorum:Despite calls by Agilah Saleh, HoR failed to convene in #Tripoli again due to lack of quorum - pro-GNA members still boycotting. #LibyaWhere is the expression of concern by Ban Ki-Moon or Martin Kobler at this blocking of the "democratic transition" of Libya.?