Libyan constitution could be adopted with no referendum

The Libya Observer reports on leaks from a source in the Libyan Constitutional Drafting Assembly indicating that members who favor the draft intend to send a letter to the Tobruk-based House of Representatives (HoR) to cancel polls for the draft.

 

Press Solidarity reported the leaks were confirmed. The news outlet was told that the referendum on the constitution was not needed since the Constitutional Drafting Assembly (CDA) was elected by the people. If their proposal was approved by the HoR and the constitutional declaration of 2011 was amended, then the draft approved by the CDA could be considered the permanent Libyan constitution. If this suggestion is adopted, there will be even more conflict and division within Libya as the present draft is rejected by many residents in the western region where the majority of Libyans live. There are a number of western representatives of the CDA who have boycotted meetings and reject this draft, complaining that the whole process of approval is illegal. The boycotters also say the draft ignores general principles of citizenship and enshrines regionalism in the constitution.

There were a number of meetings of the CDA in Oman. There were 11 members of the CDA not present at the meetings. They object to the division of jobs and positions on the basis of the three traditional divisions of Libya with Tripolitania in the west, Cyrenaica in the east, and Fezzan in the south. Tripolitani contains two thirds of the Libyan population. Members of the judiciary have also objected to the draft, complaining that the independence of the judiciary is not in the draft as they had recommended. I noted in an article on the meetings; Articles to be included in the draft constitution must be approved by a vote of two-thirds plus one or 41 votes. There are only 33 members in the sessions in Oman according to the Libya Herald. There are not enough to pass any articles. There are only 41 members altogether taking part in CDA proceedings. In other words they need all to be present and all vote in favor of any article for it to be adopted. A number of members of the CDA refused to travel to Oman. They said the discussions could have taken place in Libya just as easily.

After the CDA returned they met again in Bayda. Martin Kobler issued a press release praising their work. In the release he says that boycotting is not an alternative. What he meant is it would not make any difference. The CDA had just rewritten its own rules for a quorum: An article in the Libya Observer reports that a number of the boycotting members claim all the CDA meetings held in Oman and in Bayda "are illegal and a sheer violation of the constitutional declaration as well as the internal regulations of the CDA." A statement by the group said: “The CDA does not have the right or the authority to amend the quorum whatsoever because the amendment is one of the jobs of the legislative authority.”When the CDA returned from Oman it held a meeting in Bayda at which it decided it would amend the quorum required for the passage of any item in the draft. I presume it made the rule retroactive, thus legitimizing the motions made in Oman. The strategy appears to be this: if the rules are inconvenient, then ignore them or rewrite them. Deciding not to have a vote on the constitution is just another example of the same strategy. It is probably a strategy copied from and approved by the UN.

UN's Martin Kobler praises the work of the Constitutional Drafting Committee in Libya

The Special Representative of the Secretary-General, Martin Kobler has issued a press release welcoming the progress made on the latest draft constitution agreed upon in a meeting in Bayda on April 19.

The Constitution Drafting Assembly(CDA) met in Bayda after previous meetings in Oman. Kobler said:

“I applaud the diligent effort, courage and commitment of all members of the Constitution Drafting Assembly in trying to forge agreement on a draft constitution that can serve as the basis moving Libya beyond the transition period, and building a new modern Libyan state, anchored in the principles of democracy and separation of powers, rule of law, and respect for human rights, including equality for all, and guaranteeing the rights of women and all components of the Libyan national identity."

He encouraged all the members of the Assembly, including those not participating in the meetings over the last few months, to work together to uphold "the higher national interest of Libya." Kobler said: “Boycotting is not an option, boycotters should join the assembly and defend their opinion”.Whether Kobler likes it or not, there are a number of people boycotting the meetings of the CDA. Kobler said:“Any future referendum on the constitution must be an opportunity for the Libyan people to demonstrate their clear and unequivocal support of the fundamental pillar that will govern their country. This must be the cornerstone principle guiding the constitution making process.”As usual, Kobler leaves many important aspects of the situation out of his release, especially those that contradict his rosy outlook.

There were several meetings of the CDA in Oman. I wrote an article at the time which noted that there did not seem to be enough members present to pass any resolutions. A number of representatives had been boycotting the meetings and others objected to going to Oman when there could have been meetings in Libya. All Kobler has to say about this is that boycotting is not an option. It appears that it is not an option because the CDA has just rewritten the rules.

An article in the Libya Observer reports that a number of the boycotting members claim all the CDA meetings held in Oman and in Bayda "are illegal and a sheer violation of the constitutional declaration as well as the internal regulations of the CDA." A statement by the group said: “The CDA does not have the right or the authority to amend the quorum whatsoever because the amendment is one of the jobs of the legislative authority.” The Observer explains what happened:Over the last period, a number of CDA members have been holding consultation meetings in Oman, after which they announced an agreement on some of the disputed issues. Then, the CDA members came back and held a session in Al-Bayda, where they amended the internal regulations to allow lessening the quorum required for passing any item in the draft.This is just one more example where the UN sanctions breaking of the rules when there are difficulties preventing what they want done.

There have been many problems with the CDA. Kobler fails to mention any. The draft has been criticized by members of the Libyan judiciary. The chairperson an American was disqualified. Representatives of some tribes have also left the CDA. The UN will go ahead anyway.

Libya's Constitutional Drafting Assembly holding meetings in Oman

The Libyan Constitutional Drafting Committee (CDA) has already held two meetings in the city of Salalah, Oman. The most recent meeting concentrated on efforts to end the boycott of the CDA by members from the Tebu and Tuareg tribes.

The two Tebu and two Tuareg members walked out of the CDA last August after complaining that the Committee refused to take into account rights of Libyan minorities. However, they attended the most recent meeting. The Special Representative of the Secretary General, Martin Kobler, also attended the meeting. No one attended from Oman as officials did not want to interfere in Libyan affairs. Kobler tweeted:“Listening to Tebu and Twareg @CDALibya. Protection of rights is absolute must. Constitution must satisfy all.” Kobler said he was also encouraged by the spirit of compromise among those at the meeting. Kobler said that the mission of the UN in Libya is not to intervene in the political issues but to support by providing technical advice.

Kobler thought the meeting important enough to issue a short press release on the UNSMIL site. The meeting was designed to discuss constitutional issues that had yet to be solved. As usual any negative aspects of what has been happening with the CDA are completely ignored. For example, the head of the CDA, Ali Al-Tourani, who has dual American and Libyan citizenship,was disqualified from his position after some members of the CDA brought a suit against him resulting in a court decision that he did not qualify for the position.

There are also 11 members, mostly from western areas of Libya, who were not present at meetings. They are boycotting the meetings because they object to the manner in which jobs and positions are being divided on the basis of a third each to the three traditional divisions,Tripolitania, Cyrenaica and Fezzan. Tripolitania in the west contains two-thirds of Libya's population and the boycotters think this should be reflected in the division of jobs. The boycotting members have other objections as well. Members of the judiciary have protested against the draft constitution, complaining that the group refused to enshrine independence of the judiciary in the draft as they recommended.

Articles to be included in the draft constitution must be approved by a vote of two-thirds plus one or 41 votes. There are only 33 members in the sessions in Oman according to the Libya Herald. There are not enough to pass any articles. There are only 41 members altogether taking part in CDA proceedings. In other words they need all to be present and all vote in favor of any article for it to be adopted. A number of members of the CDA refused to travel to Oman. They said the discussions could have taken place in Libya just as easily. None of this is mentioned in Kobler's press release. The Gulf News claims that 56 of 60 members of the CDA attended the first meeting on Saturday. This conflicts with other sources and makes no sense when there are 11 boycotters plus a number of members who objected to meeting in Oman and refused to go.

Libyan Constitutional Drafting Committee moving to Oman

An official with Libyan Constitutional Drafting Assembly(CDA) has told the Libya Herald that most members will go to Oman next week to continue its sessions there.

The official did not say exactly how many will go. While there are only 56 members of the CDA rather than the 60 needed, decisions by the CDA require a two-thirds plus one majority. However, according to Mohamed Tumi, a Tripoli lawyer boycotting the committee, there are 11 boycotters in all. The boycotters are mostly from the west of Libya, Tripolitania, who feel that the east and the south, Cyrenaica and Fezzan get too many posts, given that two-thirds of the population reside in Tripolitania. The CDA has been demanding that posts be divided more or less equally in the three areas. The two Tebu and two Tuareg members from the two southern tribes have suspended participation because they feel their communities are being discriminated against. Some CDA members are trying to have the two-thirds majority based upon 56 rather than 60, which would mean 38 votes are needed to pass a resolution. Unverified reports claim four boycotters have returned, leaving only seven. Some members will refuse to go to Oman. While the CDA can meet anywhere it wants many do not understand why it cannot operate from a base in Libya such as Ghadames or Ghat.

Etimad Al-Messallati , a member of the CDA, refuses to move to Oman to participate in the drafting sessions. She claims she and other boycotting members still insist that the current draft of the constitution be removed because it is illegal:The CDA member said if the draft were not removed, no one would think of travelling to Oman to attend the CDA sessions, pointing out that she could not understand why they chose Oman in particular while Libya has many cities ready to fulfill this purpose, regarding this move as a foreign intervention in the CDA work.Formerly, 13 CDA members from the western regions of Libya boycotted the sessions to protest the outcome of the Work Committee and the decision-making mechanism.

Boycotting members complained there was an attitude within the CDA that stressed regionalism and some members insist there be three regions with three capitals. There were attempts to impose regional quotas. The group claim the CDA seemed to ignore the concept of a state based upon rights of citizenship wherever citizens live. The boycotters were particularly scathing in attacking the then-head of the CDA Ali Al-Tarhoouni. They accused him of obstructing the work of the committee. Boycotting member Daou Al-Mansouri claimed that Al-Tarhouni addressed international organizations without informing the members. He and others filed a lawsuit in the Al-Bayda Court of Appeal claiming Al-Tarhouni was not eligible for his post since he held dual Libyan American citizenship. The court later ruled against Al-Tarhouni so he has been disqualified.

There have been other protests against the CDA. A number of members of the judiciary held a demonstration in Tripoli against the CDA. The members from a number of judicial associations saying: “We suspend our communication with the Constitution Drafting Assembly after they violated the independency of the Libyan judiciary in the forthcoming constitution, not to mention that they also ignored all the recommendations in favor of the greater good of the country.” It is important that the CDA produce soon a draft constitution that can be voted on in a referendum. If passed it will pave the way for new elections so that Libya will again have one elected government.