The United Nations Support Mission in Libya released a report today outlining the options put forth by the Advisory Committee to resolve key contentious issues that are blocking progress toward elections.
To prepare the report, the Advisory Committee, a group of 20 Libyans with expertise in legal, constitutional and electoral issues met more than 30 times in Tripoli and Benghazi over the course of three months. They examined Libya’s electoral laws and constitutional rules, including Constitutional Amendment 13 and Laws 27 and 28 (2023) for electing parliament and the president. They also consulted with the High National Elections Commission and members of the 6+6 Committee, which produces the current electoral laws in 2023.
The report constitutes Libyan advice to the Mission and will help inform the next phase of the UNSMIL-facilitated political process to build consensus, unify state institutions and move toward elections.
“This report is a launching point for a country-wide conversation about how best to overcome the political gridlock that has prevented elections since 2021, leading to increasing political, economic and security instability,” said Special Representative to the Secretary-General for Libya Hanna Tetteh. “The final path forward will be developed in dialogue with Libyans with the goal to build consensus on a way foreward, ensuring all perspectives are considered, with mutual agreement. It is vital that it is not only Libyan led but also backed by broader Libyan support.”
The report analyzes and proposes options to address disagreements about linking presidential and legislative elections, candidate eligibility criteria, requiring a mandatory second round of presidential elections, one government as a condition for elections, an electoral dispute resolution mechanism, the representation of women and cultural components, administrative number holders, and seat allocation, according to UNSMIL.
It puts forward four options that could serve as a roadmap towards conducting elections and ending the transitional phase:
- Conducting presidential and legislative elections simultaneously;
- Conducting parliamentary elections first, followed by the adoption of a permanent constitution;
- Adopting a permanent constitution before elections; or
- Establishing a political dialogue committee, based on the Libyan Political Agreement to finalize electoral laws, executive authority and permanent constitution
SRSG Tetteh has presented the summary to Libyan leaders in the east and west. Next, the SRSG will bring the options to the Libyan people for feedback, conducting polling and consulting the wider public, including political parties, youth, women, civil society organizations, security actors, notables and community leaders, said UNSMIL.
“Legal reforms must be accompanied by genuine political commitment,” SRSG Tetteh said. “We urge all parties to seize this opportunity to engage constructively, in a spirit of compromise, putting the needs of the Libyan people first,” SRSG Tetteh said.
UNSMIL said it facilitated the discussion and supported the committee by providing secretariat assistance and constitutional and electoral, experts to provide technical support, including insight on global best practices in similar contexts.