Libya - Election 2021
Libya, a "country" without a long hstory of political unity, is trying to stuff two governments into one country. Libya entered a protracted political crisis after elections schedule for 24 December 2021 were cancelled, and the refusal of Prime Minister Abdul Hamid Dbeibah – who led the transitional Government of National Unity (GNU) in the capital Tripoli – to step down. In response, the country’s east-based parliament appointed a rival prime minister, Fathi Bashagha, who has for months sought to install his government in Tripoli.
The international community and the United Nations have repeatedly said that nationwide elections are key to ending the country’s decade-long power vacuum. But for years, rival leaders failed to agree to a set of election laws that would set the terms of that vote. Libya’s legislative elections were postponed until January 2022, the country’s eastern-based parliament has said, instead of being held on 24 December 2021 as planned. “The election for members of the House of Representatives will take place 30 days after the presidential vote,” still scheduled for December 24, parliamentary spokesman Abdullah Bliheg told a news conference on 05 October 2021. The House of Representatives, based in the eastern city of Tobruk, has been in disagreement about electoral laws with a rival body, the equivalent of Libya’s senate, in the western city of Tripoli.
Libya's civil conflict pits military commander Khalifa Haftar, commander of the eastern-based self-styled Libyan National Army (LNA). and its allies against forces aligned with the internationally recognised Government of National Accord (GNA) in Tripoli, in the west. Haftar is supported by Egypt, the United Arab Emirates, and Russia. Turkey, a bitter rival of Egypt and the UAE in a broader regional struggle over political Islam, is the main patron of the Tripoli forces, which are also backed by the wealthy Gulf state of Qatar.
Libya's warring rival governments announced in separate statements 21 August 2020 that they would cease all hostilities and organize nationwide elections soon, an understanding swiftly welcomed by the United Nations and Egyptian President Abdel Fattah al-Sisi. The statements were signed by Fayez al-Sarraj, head of the Government of National Accord based in the capital Tripoli, and Aguila Saleh, speaker of the eastern-based parliament. Sarraj, who heads the Presidential Council, said parliamentary and presidential elections would be held in March 2021. Both statements called for demilitarizing the city of Sirte and the Jufra area in central Libya, and a joint police force to be responsible for security there.
GNA head Fayez al-Sarraj "issued instructions to all military forces to immediately cease fire and all combat operations in all Libyan territories", a statement said. Al-Sarraj added the ultimate aim of the truce is to impose "full sovereignty over the Libyan territory and the departure of foreign forces and mercenaries".
The truce will make the strategic city of Sirte a temporary seat for a new presidential council to be guarded by security forces from various regions in the country. Already scarred by Libya's 2011 uprising and a takeover by the ISIL (ISIS) armed group, Sirte now finds itself not only at the centre of a civil war but also a focus of geopolitical enmities that span the region. Since Turkish intervention helped drive Haftar's LNA back in early June from its 14-month offensive on the capital, Tripoli, the front lines have settled around Sirte, in the middle of Libya's Mediterranean coast and close to major oil terminals.
As the GNA and Turkey looked ready to make further advances, Egypt declared Sirte a red line and pushed through parliamentary approval for possible military intervention. In recent weeks, Libyan factions and their foreign backers have been mobilising as diplomats try to avert a military escalation and secure a ceasefire.
The interim government in eastern Libya resigned hours after protesters set fire to its headquarters in Benghazi. Protests also erupted in the cities of Al-Marj, Sabha and Al-Bayda. Protesters set fire to the government's headquarters in the eastern city of Benghazi, as well as Al-Marj, which is a stronghold of Khalifa Haftar and his self-styled Libyan National Army (LNA). Protests also broke out in the southern city of Sabha and Al-Bayda, which is the former seat of government. After days of protests against corruption and poor living conditions, the government in eastern Libya announced its resignation on 13 September 2020. Prime Minister Abdallah al-Thani submitted the resignation to the speaker of the eastern-based House of Representatives, in a country that has seen rival governments in the east and west since long-time dictator Moammar Gadhafi was overthrown in 2011.
Libya’s internationally recognised Prime Minister Fayez al-Sarraj said on 17 September 2020 he wanted to quit by the end of October, which could feed political tensions in Tripoli amid new efforts to find a political solution to the country’s conflict. “I declare my sincere desire to hand over my duties to the next executive authority no later than the end of October,” he said in a televised speech. Citing the work of UN-sponsored talks in Geneva, he pointed to progress in agreeing a way to unify Libya’s fragmented state and prepare for elections.
This announcement came as a great surprise. Farrej al-Sarraj stepped down amid a flurry of speculation about his reasons for doing so, as well as fears that his resignation could cause further turbulence in a country racked by nearly a decade of chaos. Possibly Turkey or local militias directly pressured Sarrej to stand down. Sarrej said in his resignation speech that he had sought to achieve “as much consensus as possible” within an “extremely polarised” political and social climate but that the “difficulties were insurmountable”. Even today, some groups “insist on seeking their ends through military means”, he lamented.
Libyan Prime Minister Fayez al Sarraj, who had planned to step down on October 31, took back his decision to resign at the end of October. Sarraj will remain in office until the ongoing intra-Libyan political dialogue talks come to an end, Libyan government spokesman Galib al Zaklai said 31 October 2020. This came a day after the High Council of State urged Sarraj, the head of the Presidential Council, to stay until a new presidential council is selected in order to avoid a political vacuum and for Libya’s stability. The UN Support Mission in Libya and the parliament in Tripoli also called on Sarraj to postpone his decision, citing "reasons of higher interest."
Libyan envoys at UN-backed talks in Egypt agreed to hold a constitutional referendum before planned elections in the war-torn country later this year, Egypt's foreign ministry said 20 January 2021. Egypt "welcomes the agreement reached today between the Libyan parties in Hurghada in the framework of the constitutional process... and appreciates the efforts that led to the agreement to hold a referendum on the draft constitution in view of the Libyan elections scheduled for December 24, 2021," the ministry said in a statement. New talks will be held in Egypt in February 2021 with a view to settling the "road map for the referendum and elections", it added.
In late January 2021 the UN announced the names of 24 candidates for Libya's three transitional presidential posts, and 21 for the prime ministerial position. Out of 24 candidates, three will be elected for the presidential council, and one prime minister will be elected out of the 21 candidates. Together, these four elected people will have powers to guide the country to its first election after five years of war and turmoil by the end of December 2021.
With the UN approving Aguila Saleh president of Libya’s Tobruk-based House of Representatives, among the 24 candidates, experts say there is a potential it could spark violence since he is known for his notoriety and of having done more harm to peace building efforts than good. “The UN has approved the candidacy of this warmonger who under international law is ultimately responsible for potentially dozens of war crimes and crimes against humanity," pro-democracy Libyan activist Ahmed Sewehli said. “Russia and France are working together in Libya, supporting warlord Haftar and Aguila Saleh. They were behind the war on Tripoli. The UN has caved in to Russia and France’s demands that they are able to put forward their preferred dictator,” Sewehli said.
Saleh has sided with warlord Haftar on several occasions, and together they have made attempts to destroy the UN-recognised Government of National Accord (GNA), which governs some liberated parts of Libya from its capital city, Tripoli. Saleh has also come under international criticism for encouraging the Egyptian military-dictator-turned-president Abdel Fattah el Sisi to enter the Libyan conflict and use military force against the GNA if it attempted to liberate the strategic city of Sirte from Haftar's occupation.
Libya's new interim Prime Minister Abdul Hamid Dbeibah was sworn in on 15 March 2021 to lead the war-torn country's transition to elections on 24 December 2021, after years of chaos and division. Dbeibah, 61, a wealthy businessman from the western port city of Misrata, once held posts under Gaddafi but has shown no clear ideological position. He holds a master's degree from the University of Toronto in engineering, and his expertise introduced him to Gaddafi's inner circle and led him to head a company managing huge construction projects. During Gaddafi's rule, Misrata underwent an industrial and economic boom, from which the Dbeibah family and many others profited. Dbeibah is also known to be supportive of the Muslim Brotherhood and is close to Turkey.
Dbeibah was considered an outsider compared to other candidates vying for the job, and his election process has been marred by allegations of vote-buying. But Dbeibah jumped into his role even before his inauguration, including pledging to combat the coronavirus crisis, and taking anti-corruption measures by freezing state-owned investment funds.
A United Nations-supervised process is aimed at uniting the country, building on an October ceasefire between rival administrations in the country's east and west. Dbeibah, selected at UN-sponsored talks in February 2021 alongside an interim three-member presidency council, took the oath of office in front of lawmakers in the eastern city of Tobruk. Dbeibah's swearing-in comes after parliament approved his cabinet, in a move hailed by key leaders and foreign powers as "historic". His government includes two deputy prime ministers, 26 ministers and six ministers of state, with five posts including the key foreign affairs and justice portfolios handed to women, a first in Libya.
Dbeibah's administration was expected to replace both the UN-recognised Government of National Accord, based in Tripoli, and a parallel cabinet headquartered in the east, under the de facto control of forces of military strongman Khalifa Haftar. Turkey has backed the GNA, while Haftar's administration has drawn on support from the United Arab Emirates, Egypt and Russia.
A critical task of Libyan authorities and institutions remains to ensure the holding of parliamentary and presidential elections on 24 December as set out in the LPDF roadmap and called for by the Security Council Resolution 2570. This priority lies at the core of the mandate of the GNU. The House of Representatives has the responsibility to clarify the constitutional basis for elections and adopt the necessary electoral legislation. This must be done latest by 1 July, to allow Libya’s High National Elections Commission (HNEC) adequate time to prepare for the elections.
In May 2021, Turkish Foreign Minister Mevlut Cavusoglu said that foreign fighters and mercenaries should leave Libya, but these forces should not be confused with legitimate forces training Libya's military under a pact with the legitimate government.
The second Libya conference concluded in Berlin 23 June 2021 with a final declaration stressing the need for holding elections in the North African country as agreed and withdrawal of all foreign forces and mercenaries. "National presidential and parliamentary elections scheduled for 24 December 2021 need to take place as agreed in the roadmap adopted by the Libyan Political Dialogue Forum in Tunis in November 2020, and their results need to be accepted by all. The necessary constitutional and legislative arrangements must be adopted," read the declaration. It also said the election results "need to be accepted by all and "the necessary constitutional and legislative arrangements must be adopted."
The statement also called for the withdrawal of all foreign forces and mercenaries from Libya. "All foreign forces and mercenaries need to be withdrawn from Libya without delay," it said, noting Turkey's reservation. The 2019 security cooperation agreement between Turkey and Libya has been credited with helping end the civil war in the country and promoting peace and unity under the legitimate government. The communique underscored the importance of addressing and resolving the underlying causes of the conflict as well, saying the security sector needs to be "reformed and placed firmly under unified, civilian authority and oversight."
Libyan delegates have failed to agree on a legal framework to hold presidential and parliamentary elections later this year, the United Nations has said, putting an agreed-upon road map to end the conflict there in jeopardy. The Libyan Political Dialogue Forum (LPDF), a 75-member body from all walks of life in Libya, concluded five days of talks in a hotel outside Geneva, the UN support mission in Libya said on 03 July 2021.
Parliamentary speaker Aguila Saleh in September 2021 legislation governing the presidential ballot but critics said he bypassed due process to favor his ally, the eastern strongman Khalifa Haftar. The clause, passed in a vote with a small number of lawmakers present, said officials could step down three months before the election and return to their posts if they did not win.
Parliament then passed a no-confidence vote in the unity government of interim Prime Minister Abdulhamid Dbeibah. The upper house based in the capital rejected the vote, saying it violated established procedures, laying bare once more the extent of divisions between the country’s east and west.
Libya’s eastern strongman Khalifa Haftar paved the way to take part in December’s proposed presidential election, saying he would step down from his military role for three months. In a statement on 29 September 2021, Haftar said he had named an interim replacement as head of the self-proclaimed Libyan National Army (LNA) until December 24, the date of the legislative and presidential vote.
Two rival Libyan factions wound up a meeting in Morocco o2 October 2021 without any sign of agreement on a disputed electoral law, ahead of polls scheduled for December 24. Libya’s foreign minister refused to exclude the possibility that general elections set for December may be postponed if Parliament continued to delay the ratification of an electoral law.
Seif al-Islam Kadhafi, son of slain Libyan dictator Moamer Kadhafi, registered 14 Novemer 2021 to run in the country’s December presidential polls, the electoral commission said. “Seif al-Islam Kadhafi submitted... his candidacy for the presidential election to the High National Electoral Commission office in the (southern) city of Sebha,” a statement by the commission said. It said he had completed “all the required legal conditions” and that he was also issued with a voter registration card for the Sebha district. The dictator’s erstwhile heir apparent is wanted for crimes against humanity by the International Criminal Court (ICC). But on 16 NOvember 2021 Libya's election authority rejected Muammar Gaddafi's son's candidacy to run for president.
Libya’s High National Electoral Commission (HNEC) said 24 November 2021 that Saif al-Islam Gaddafi was ineligible to run in the country’s planned presidential election 24 December. Gaddafi was one of 25 candidates disqualified by the commission, in an initial decision pending an appeals process that will ultimately be decided by the judiciary. Some 98 Libyans had registered as candidates. The military prosecutor in Tripoli had urged the commission to rule out Gaddafi after his conviction in absentia on war crimes charges in 2015 for his part in fighting the uprising that removed his late father in 2011. On 02 December 2021 a court in Sebha accepted Saif al-Islam Gaddafi’s appeal, lodged earlier in the day, and that he would therefore be reinstated in the presidential election scheduled to take part later this month.
As the timeline for organising the vote became increasingly unrealistic, authorities seemed unwilling to confirm the news. Analysts feared a contested vote, or one with clear violations, could derail a peace process that this year led to the formation of a unity government in an effort to bridge the rift between warring eastern and western factions.
Authorities overseeing war-torn Libya's first presidential election confirmed 22 December 2021 that holding it as scheduled was "impossible". The chairman of the parliamentary committee wrote to the assembly's speaker saying that "after consulting the technical, judicial and security reports, we inform you of the impossibility of holding the elections on the date of December 24, 2021". It did not propose an alternative. The country's electoral board the HNEC later suggested delaying the vote to 24 January 2022. The House of Representatives would have to approve the date, which it is unlikely to do. The new date in January looked unlikely to be approved, leaving the country paralysed by tensions between rival groups who disagree on electoral law.
The vote was intended to mark a fresh start for war-torn Libya, a year after a landmark ceasefire and more than a decade after its 2011 revolt that toppled and killed dictator Muammar Gaddafi. But speculation of a delay had been mounting for weeks, amid bitter disputes over the vote's legal basis, the powers of the winner and the candidacies of several deeply divisive figures.
The process was also mired by rancorous divisions over whether controversial figures should be allowed to stand. Seif al-Islam Kadhafi, a son of Moamer, and eastern military chief Khalifa Haftar were both in the running despite accusations of war crimes. Interim Prime Minister Abdulhamid Dbeibah's candidacy also sparked controversy as he had pledged not to run as part of his original leadership bid. Every single faction in Libya had an issue with one of these three candidates. "So they tried to stop these candidates from running using legal means, but failing that there seems to have been an informal agreement between some factions not to let the elections go forward.
Long-standing divisions between the east and west of the country are entrenched to the point that either side is liable to reject the results of an election, and there is no guarantee they would agree to accept the result if a new election date were announced in January. The current climate is not conducive to holding elections of this kind, and the main candidates do not seem ready to participate in a ballot in a serious and fair manner.
It was expected that parliament will postpone the election until after January 24 because there was the question, behind the scenes, of forming a new government and a new presidential council for the next six months to a year.
Libya’s parliament said 07 February 2022 it would name a new prime minister within a week to head the transitional government, a move that would likely lead to parallel administrations in the already chaotic nation. Two candidates — former Interior Minister Fathi Bashaga and Minister-Counsellor Khalid al-Baibas — had submitted their bids to replace Prime Minister Abdul Hamid Dbeibah. Lawmakers had argued that the mandate of Dbeibah’s government ended on 24 December, when the presidential election was originally scheduled. This vote was postponed over disputes between rival factions on laws governing the elections and controversial presidential hopefuls, and Dbeibah repeatedly said he and his government will remain in power until “real elections” take place.
Libya found itself with two prime ministers 10 February 2022 , after its parliament named a rival to replace the existing unity government’s chief Abdulhamid Dbeibah, threatening a new power struggle in the war-torn nation. The House of Representatives, based in Libya’s east, “unanimously approved Fathi Bashagha to head the government,” the parliament’s spokesman Abdullah Bliheg said. The move threatened to deepen the struggle for control between the assembly and the Tripoli-based administration of Dbeibah, while experts warned of potential violence in the capital in western Libya. The UN said it continued to support and recognise Dbeibah as head of Libya’s unity government. The UN, western powers and even some members of parliament called for Dbeibah to stay in his role until elections, for which a new date has not yet been set.
Libya’s east-based parliament approved a new government 01 March 2022 despite the incumbent administration pledging not to cede power, pushing a fragile peace process to the brink of collapse and raising the risk of new conflict. Prime Minister-designate Fathi Bashagha on Tuesday submitted his Cabinet to the east-based House of Representatives, where 92 of 101 legislators in attendance approved it, during a vote that was broadcast live from the city of Tobruk.
The vote aggravated a power struggle with the interim administration of Abdulhamid al-Dbeibah, who was installed through a UN-supported process in 2021. It is likely to produce two parallel administrations, which could derail the United Nations-led efforts to reconcile the war-torn country.
One of Libya’s rival prime ministers was forced to leave the capital Tripoli on 17 May 2022 just hours after he arrived to establish his government there, following clashes between warring militias. Former Interior Minister Bashagha had arrived in Tripoli with several ministers, according to his office. Fathi Bashagha had been appointed by the country’s eastern parliament, which based in the city of Tobruk, three months ago. The sitting Prime Minister Abdul Hamid Dbeibah refused to step aside, however, saying he would only do so for an elected government. Dbeibah is supported by powerful armed militias in the capital.
Protesters stormed Libya's parliament building in the eastern city of Tobruk on 01 July 2022, demonstrating against deteriorating living conditions and political deadlock. Protesters managed to penetrate the building and committed acts of vandalism, while media outlets showed images of thick columns of black smoke coming from its perimeter as angry young protesters burned tyres. Libya's parliament, or House of Representatives, had been based in Tobruk, hundreds of kilometres (miles) east of the capital Tripoli, since an east-west schism in 2014 following the revolt that toppled dictator Moamer Kadhafi three years earlier. A rival body, formally known as the High Council of State, is based in Tripoli. A protester driving a bulldozer had managed to smash through part of a gate, allowing other demonstrators to enter more easily, while cars of officials were set on fire. Other protesters, some brandishing the green flags of the Kadhafi regime, threw office documents into the air.
Libya’s feuding parties reached an agreement on legal steps to hold long-delayed elections in the troubled North African country, yet contentious issues blocking the democratic process remain unresolved. A 6+6 committee drawn from Libya’s two rival legislative bodies – the Tobruk-based House of Representatives (HoR) and the Tripoli-based High Council of State (HCS) – agreed on 06 June 2023 on draft laws for presidential and parliamentary elections, inching forward in the country’s current political crisis.
One of the main roadblocks to the democratic process has been reaching an agreement on the eligibility criteria for presidential candidates. The two sides had agreed that candidates with military affiliations must automatically resign from their posts. However, no additional provisions are made to ensure that a candidate does not resume their post once the electoral process is concluded. The loser in the election can go back to being military and mobilise a force to go after the winner.
The draft law requires dual nationals to provide a “statement certified by the granting country’s embassy that proves the submission of final waiver of the citizenship of [the second] country”, but does not specify mechanisms to verify compliance. The debate over the eligibility criteria for the presidential election has become shorthand for the engagement of Khalifa Haftar, the commander of the Tobruk-based Libyan National Army (LNA), who also holds US citizenship.
Among the provisions of concern was the requirement to form a new government ahead of elections. If a brand-new government is installed, that government will do everything in its power to make the elections fail and to stay in power for as long as possible. Additionally, the definition of a “new” government was still up for debate. If Abdul Hamid Dbeibah reshuffles his ministries and implements a big change, is it a new government even if he remains prime minister?
The draft law provides for cancelling parliamentary elections if the first-round presidential vote is not held or completed. The criteria determining whether to hold a second round of voting were very vague. There are still mechanisms to force a second round even if a candidate wins with an absolute majority in the first round.
The Tripoli-based High State Council (HSC) on 06 August 2023 chose Mohammed Takala in a run-off by 67 votes to 62, unseating its former head Khaled al-Mishri, who had led the HSC since 2018. The introduction of a new leader at the helm of a key political institution could add more uncertainly to the country’s already divided politics. The interim government is headed by Prime Minister Abdul Hamid Dbeibah, a rival of both al-Mishri and the HoR speaker Aguila Saleh, due to disagreements over rules for an election.
After calling for elections in Libya ahead of government unification for years, the United Nations said 22 Aug 2023 that unification should come before voting. Its Libya envoy, Abdoulaye Bathily, said that it is imperative stakeholders agree on a unified government that could then lead Libya into elections. Many Libyans suspect their political leaders have little interest in a lasting settlement or elections that could remove them from positions of authority that they have held for years. Until recently, the UN’s diplomacy had focused on national elections rather than replacing Dbeibah and forming another interim government to oversee the vote.
Bathily told the UN Security Council that he was working with the head of the Tripoli-based Presidential Council, Mohammed al-Menfi, to look at bringing the leading players to a meeting to resolve major issues. He also said he was talking with Dbeibah, Haftar and Tobruk House Speaker Aguila Saleh. “A negotiation over a new interim government has a chance because there is a carrot for rivals to participate, but once it is created, all incentives for elections disappear and Bathily has no stick,” Tim Eaton, Libya researcher at Chatham House, told the Reuters news agency.
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