Libya – The High National Election Commission (HNEC) Council issued an official statement. It responded to claims regarding its failure to implement the constitutional draft referendum. The HNEC affirmed these allegations are inaccurate. They do not reflect the legal and procedural path the commission has followed. This path started with the referendum law’s issuance.
The statement clarified the House of Representatives’ actions. It issued the Tenth Constitutional Amendment on November 26, 2018. Law No. (6) of 2018 followed this. This law concerned the referendum on the permanent constitution draft. It was issued on November 27, 2018. The law was referred to the HNEC on November 28, 2018. The HNEC then began a technical review of its articles. This aimed to prepare for issuing regulatory bylaws. It sought to initiate the implementation process.
The statement mentioned a letter from the State Council. The HNEC Council received it on December 12, 2018. The letter’s reference number was (MD/1.58/2018). It requested an immediate halt to the referendum law’s implementation. This law had been issued by the House of Representatives. The HNEC Council did not comply with the suspension. After its technical review of the law’s text, it requested amendments. These were proposed to the House of Representatives. The request was in a letter dated January 9, 2019.
The statement reported on Law No. (1) of 2019. The House of Representatives issued it. This law amended certain provisions of Law No. (6). It was referred to the HNEC for implementation on January 29, 2019. Subsequently, the HNEC Council issued regulatory bylaws. It also released executive procedures. These actions were taken to implement the referendum law.
The statement detailed the HNEC Council’s funding request. It asked the Government of National Accord (GNA) for 40 million Libyan dinars. This was to cover the referendum’s implementation costs. The request was made in letter No. (0146) dated December 3, 2018. The GNA Prime Minister later refused to fund the referendum. This happened during an official meeting. The HNEC Council head and the Deputy Special Envoy of the UN Secretary-General attended. The meeting ended without convincing reasons for the refusal. This was according to the statement.
The statement continued its timeline. The State Council and GNA’s refusal obstructed the HNEC’s efforts. The HNEC aimed to implement the constitutional referendum. This was under the law then in force. On March 21, 2022, the Twelfth Constitutional Amendment was issued. It mandated forming a committee. This committee would review contentious articles in the draft constitution. It would also address the referendum law. The amendment stipulated referring the amended draft directly to the HNEC for a referendum. However, the committee did not achieve its purpose. The HNEC has not yet received the amended draft constitution. Therefore, the referendum process cannot resume as per the law.
The HNEC Council concluded its statement. It affirmed that this timeline clarifies its role. The HNEC was never an obstacle to implementing the referendum. Resuming the referendum process requires two things. First, a return to the Tenth and Twelfth Constitutional Amendments. Second, political parties must agree to move forward. The HNEC Council affirmed it will spare no effort. It is committed to implementing this entitlement.