State Council of GNA meets in Tripoli

Martin Kobler, Special Representative of the Secretary-General (SRSG), welcomed a meeting of the State Council of the Government of National Accord (GNA) that took place in Tripoli.

The GNA is part of the Libyan Political Agreement (LPA) signed on Dec. 17. Kobler welcome the preparatory meeting tweeting:

 “I welcome &strongly support 40 GNC meeting today in Tripoli to prepare 1st mtg of State Council (SC): right way forward, strengthens SC &LPA.”Even the Libya Herald, which is often pro-UN and favors the GNA, speaks of the membership of the State Council being something of a grey area. While the term of the State Council along with that of the GNA does not start until a vote of confidence, it does exist in some respects as soon as the LPA is signed. Supporters note Article 67 of the LPA supports this view. However, critics claim the group has no legal status until the HoR votes the LPA to be part of the 2011 constitution. There is no word as to when that might happen since the meeting of the HoR on Tuesday the 23rd of February did not take a vote. It could be next week. The 40 in Kobler's tweet presumably means just 40 members of the 145 member group met. The State Council is mainly a consultative body. The legislature of the GNA is the HoR.

The LPA requires that Nuri Abu Sahmain, president of the General National Congress (GNC) based in Tripoli, choose the members. However, the GNC did not approve the LPA or GNA and Sahmain has refused to cooperate with the GNA since it is not approved by the GNC. However, some members of the GNC did approve the LPA when it was signed in Skhirat, Morocco. Included among them were then deputy president Salah Makhzoum. He signed on to the LPA even though he had left the GNC negotiating committee in August.

Several weeks ago, Makhzoum announced a list of members of the State Council even though he had no authorization from the GNC to do so. However, the UN and Kobler have obviously accepted the list. Illegalities do not matter when the issue is what the UN and international community want done. Makhzoum is not even any longer a member of the GNC, having been expelled.

The Libya Observer reported some time ago that First Deputy President Awad Abdul-Sadiq said some absentees had begun to declare themselves as members of the State Council. He said this was baseless since the GNC never approved the Skhirat LPA. He said: "They also violated the constitutional declaration and signed the agreement without GNC approval." Other sources said that those expelled included Mohammed Amari who is a member of the GNA Presidency Council, Makhzoum, and Mohammed Emmazib. In all 10 members were expelled.

Another member who was expelled, Belgassem Gzeit, was the person who announced the "consultative" meeting in Tripoli to appoint a committee that would draft the council's procedures and regulations. These regulations would need to be approved at the Council's first official meeting.

Even though members of the GNC may be split on support for the GNA, they agree that Haftar should not be head of the armed forces in any new government. Makhzoum was quick to criticize the HoR for demanding that section 8 of the Skhirat agreement be removed. There are actually two sections 8,one in the main text and the other in additional provisions. The one in additional provisions has been ignored. If it were honored then Haftar would have lost his job on December 17 when the LPA was signed. However, the section 8 in the main text gives the function of commander in chief of the Libyan National Army to the Presidency Council immediately upon a vote of confidence from the HoR. The issue is simply dropped from discussion. All that is talked about now is the vote of confidence in the GNA and even that is not clearly discussed.

Meanwhile there is again talk of the EU sanctioning "spoilers" who interfere with all this illegal activity.The EU ministers, from Mediterranean countries in this case, have bad memories. What ever happened to the sanctions against Khalifa Haftar? This time around no specific person is named as being subject to sanctions.

Divisions increase within Libyan Government of National Accord

Divisions are increasing among parties to the UN-brokered Government of National Accord on the issue of allowing General Khalifa Haftar to keep his job as commander-in-chief of the Libyan National Army (LNA).

The internationally-recognized Libyan House of Representatives(HoR) met recently and rejected the GNA. The GNA officials are to come back with a reduced list of names for cabinet members within a few days. The HoR also approved the LPA but only if section 8 were deleted. There are actually two sections 8, as explained in a recent article. One in additional provisions gave the senior officials, the Presidency Council of the GNA the role of commander in chief of the LNA back on December 17 when the LPA was signed. This section appears to have simply been ignored by almost everyone without explanation or even noting its existence. The other provision in the main text gives the role to the Presidential Council immediately upon the approval of the GNA by the HoR. A vote on the issue as well as on other issues should come within a few days. However, it is not at all certain the HoR will give a vote of confidence in the GNA unless they have ironclad assurances that Section 8 will be deleted

Ten leading political figures, including Salah Makhzoum, deputy General National Congress president, said the HoR cannot unilaterally amend the LPA to delete Section 8. Makhzoum was one of the main signatories of the LPA from the GNC. However, he was not authorized to sign by the GNC and had left the GNC negotiating committee in August while the deal was signed in December. Another signatory to the statement was Mohamed Sawan leader of the Muslim Brotherhood's Justice and Construction Party. The group no doubt sees the GNA as a means of having a new commander of the LNA not committed to fighting against Islamists and more tolerant of the Brotherhood. The party was already split on agreeing to the GNA. The recent HoR vote and also a meeting between Haftar and the designated GNA prime minister Faiez Serraj will create even more pressure for them just to abandon the GNA. The statement was also signed by Misrata member Belgassem Gzeit. Kobler was able to split off some Misrata militia and politicians from rejecting the GNA as members of the GNC and Libya Dawn militias have done. Finally, Mohamed Ammari also signed the statement. Ammari had just suspended his membership in the GNA, in protest at Serraj's meeting with Haftar. Even Martin Kobler, the Special Representative of the Secretary-General(SRSG) for Libya pointed out that the LPA can be amended only after the HoR has given a vote of confidence in it as it is.

The Libya Observer also reports on the statement, noting the group members are all signatories of the LPA. The group urged the Presidency Council to adhere to their duties under the LPA noting: “The HoR’s vote of confidence for the Government of the National Accord is no more than a formal procedure because the HoR has got no right to reject the new cabinet formation nor has it the right to amend it. On the contrary, it should consult the yet-to-be-formed Supreme State Council in matters of no-confidence votes as stated in article (01) from paragraph (05) in Skhirat agreement..The HoR got its legitimacy from the political agreement in Skhirat as per article (12), yet it spoke out reservations on article (08) from the appendix provisions, which are part of the agreement and objected to the ministerial cabinet formation given to it.”The Observer claims that those who signed the statement are anti-Haftar signatories of the LPA. Jason Pack of Libya-Analysis warns of the dangers of the developing situation:The implicit endorsement of Haftar by GNA PM Fayez Serraj due to his visit could trigger violence between rival militias in the capital. The hardline faction controlling Tripoli, represented by a majority of the current members comprising the GNC, is still opposing the UN-mediated agreement, despite attempts by members of the GNC in the UN-mediated dialogue committee (Saleh Al-Makhzoum) to bring them on board. His attempts are even less likely to succeed given Serraj’s visit to Haftar.

The situation is becoming even more complicated because the GNC has now expelled eight members for unlawfully taking part in signing the LPA on December 17 in Skhirat. Those expelled include Salah Makhzoum, the second deputy president. He co-signed the LPA. The GNC noted the members expelled were declaring themselves members of the GNA State Council, a mainly advisory body composed of GNC members. The GNC said its claims had no basis since the GNC had not yet approved the GNA. The Libya Herald also reports on the expulsion. Ironically, Makhzoum has just finished announcing the formation of the State Council of the GNA. These will all be members of the GNC. However, the GNC gave no authority to Makhozoum to make the appointments and he himself will no longer be a member of the GNC if and when the HoR votes confidence in the GNA.

Pro-Misrata Municipality brigades pledged their support to the GNA but only on condition that controversial figures be excluded. As the Libya Observer reports:"Misrata's revolutionaries support the consensual political project which will lead us to forming a government of concord on the condition that the controversial figures are excluded, which would guarantee our legal rights," the statement reads, in a clear reference to reneged General Khalifa Haftar.

These conditions are in stark conflict with those of the HoR for approving the GNA. The HoR demands that Haftar keep his position as commander in chief of the LNA.

The Presidency Council of the GNA went to Skhirat today from Tunis to work on a new list of government cabinet ministers. For security reasons, no doubt, the GNA has not yet met in Libya, although it is supposed to set up headquarters in Tripoli.

UN not yet considering sanctions against any Libyans

Martin Kobler, the Special Representative of the Secretary General (SRSG) in Libya said the UN is not yet looking at sanctions against those the UN views as sabotaging the peace process.

The UN may not be looking at sanctions because it cannot guarantee the sanctions it suggests would be approved by the UN, as China or Russia could veto the suggestions, as has happened before.

The UN may be getting the EU to do the sanctioning. This was done earlier when the EU named both Khalifa Haftar and his Air Force chief to be subject to sanctions. Nothing ever happened though and Haftar went on to gain the support of the Arab League, Egypt, the UAE, and Jordan among others. This time around the sanctioned officials are the President and Prime Minister of the Tripoli-based General National Congress (GNC). As I argued in an earlier article it is Haftar and his supporters in the HoR who are the immediate threat to the GNA and the process since they are blocking the necessary confidence vote in the GNA that is required before its term begins.

At a press conference in Tunis, Kobler explained that he was trying to broaden support to have as many opponents as possible back the GNA. He noted that the entire international community backed the LPA and the only people who were opposing it were "some forces in Libya." The forces include the two rival parliaments and their associated military forces. However, Haftar might agree providing he remains commander-in-chief of the LNA.

According to the Libya Herald, Kobler insisted that the HoR could not make changes at this point to the LPA, signed December 17 in Skhirat and also approved by the UN Security Council later. The Libya Herald sums up the dilemma facing Kobler: Amendments to the LPA could only be made by the HoR acting “in consensus” with the planned State Council, he said. But “the State Council does not yet exist,” he stated. Although not saying so in as many words, he indicated that the only way that the deal could be changed was for the HoR to first vote for it it in its entirety.Kobler called on the HoR to sign the agreement but noted this could not happen until the Presidency Council of the GNA submitted a new list of names for the Government of National Accord. The HoR had rejected the 32 member list previously submitted as too large.

Kobler was sharply critical of the GNC regime for denying him landing rights at several airports in western Libya. The GNC refused to continue in the dialogue when Kobler would not consider their suggested amendments to the LPA . The GNC did not approve the LPA. While Kobler says talks with militia in Tripoli were working, what has happened is that Kobler, following the same strategy as his predecessor Leon, has taken advantage of a division within the militia who supported the GNC and especially those in the Misrata area. Kobler and Leon managed to have a number of them agree to support the GNA. Kobler would love for the GNA to gain control over the Libyan Central Bank to cut off salaries to those militia who oppose the GNA.. The headquarters of the Bank and also the National Oil Company are in Tripoli and Kobler wants the GNA to gain control of both. This is probably the main reason he insists that the GNA should be in Tripoli as soon as possible. It seems almost inevitable that any attempt to locate the GNA in Tripoli will result in even more conflict in the city and area. Kobler and his military adviser must know this.

Perhaps the plan is to have the Libyan National Army intervene, headed by Haftar. He has wanted to dislodge the GNC and the Libya Dawn militia from Tripoli for ages. He would gladly help the UN to establish the GNA in Tripoli, but at least one condition would be that he remain as commander in chief of the Libyan National Army. Should this happen it would provoke an exodus of most GNC-related members of the GNA. The group is already up in arms by the HoR demand that Section 8 of the LPA be deleted. As the Herald points out, Article 8 of the LPA supplementary provisions reads: 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.

As of December 17 when the LPA was signed at Skhirat, the Presidency Council was designated to carry out Haftar's function. Should not Prime Minister designate Ferraj be sanctioned for not carrying out his duties since he is head of the Presidency Council?And perhaps SRSG in Libya, Martin Kobler, should be sanctioned too since he has done nothing to ensure this provision was carried out. He has also watched while the LPA deadline for announcing the GNA was violated and now he is standing by as the deadline passes today for the vote of confidence in the GNA to have taken place.

Not surprisingly, the GNC members who signed the LPA at Skhirat completely reject the suggested deletion of section 8. As the Libya Herald reports:In a statement released late Monday and signed by Dialogue Committee head Salah Makhzoum, the GNC signatories referred to article 60 of the LPA which stipulates that all sides cannot take any actions or decisions contrary to the LPA. The statement said that the LPA must be accepted as a complete package and any rejection of any of its parts would be contrary to the agreement and to the UNSC Resolution 2259.The group said such an amendment would be a threat to the whole LPA. Somehow the group failed to notice that section in the additional provisions has already been violated for over a month. Kobler has said absolutely nothing critical about the role of Haftar and his insistence he remain as commander of the LNA. Because of his demand, the HoR failed to vote confidence in the GNA. For some reason, Haftar is not only untouchable, but he is unmentionable as well, at least as far as Kobler is concerned.