[The following report was issued by Bokra Youth Organization and H2O Team on 9 March 2013. This is the fourth in a year-long series of reports covering the actions of Libya`s General National Council. This issue focuses on the period from 1 February to 15 February 2013. Click here to access the previous report.]
Eye on the General National Congress: Fourth Report
Introduction
The General National Conference (GNC) held five sessions during this period, the final one being 13 February 2013. These sessions were not broadcast on television due to strikes in the meeting hall by handicapped revolutionaries demanding reparations and healthcare benefits from the GNC.
Summary of General National Congress Sessions
61st Meeting:
On Sunday, 3 February, the GNC discussed the recommendations of the president of the GNC following meetings he held with party and bloc leaders and independents on Friday, 1 February.
The GNC reviewed Prime Minister Ali Zidane’s memo concerning confirmation of the following ministers:
- Mohammed Hassan Abu Baker, Minister of Higher Education
- Yusuf Mohamed Sharif, Minister of Information
- Ali Abubakar Ghaddor, Minister of Welfare of the Families of Martyrs and the Missing
- Ali Moftah Aobeid, Minister of Education
- Abdul Salam Abu Saad, Minister of Religious Endowments
The GNC also reviewed updates regarding the procedure for drafting of the constitution.
In this session, handicapped revolutionaries demanding reparations and provision of care from the GNC stormed the hall, wielding weapons. While this was not the first time such an incident has occurred, it was the first time weapons were brought inside the corridors of the Congress, inciting panic and chaos. Negotiations between the protestors and Minister of the Wounded, Ramadan Zarmoh, are currently underway.
62nd Meeting:
On Wednesday, 6 February, Mr. Soloman Belhaj discussed the break-in that occurred during the previous session. Mr. Belhaj confirmed that the issue would be addressed and a settlement reached, even if the GNC is forced to hold sessions outdoors due to attempts to interrupt their work. He stated that working in a tent in this cold weather would be difficult, but may be necessary as these sorts of bold decisions must be made, for the sake of the Libyan people and the longevity of the state.
Mr. Abdulfattah Hablus declared the session exceptional in terms of timing and place despite the ordinary work agenda, due to the suspension that occurred following the break-in. In his discourse he remarked upon the discussion on the constituent committee, the GNC vote on the constitutional declaration that had been amended by the National Transitional Council, and how the GNC is still awaiting the Supreme Court’s ruling on the amendments. If the Supreme Court does not uphold the reforms in its upcoming vote, the document will return to its original form.
In accordance with the procedures in the Constitutional Declaration on forming the constituent committee, and following the GNC’s decision to elect a board, president of the GNC Dr. Mohammad Mgariaf and his first deputy Dr. Jum`aa Etaiga met with Mr. Nuri Abbar, the former chairman of the electoral commission. They discussed the restructuring of the electoral commission and the formation of a committee to prepare the election law.
In the evening session Mr. Muhammad Ammari discussed an incident that occurred in the previous meeting, which he described as shameful. He stated that GNC members were dissatisfied with the behavior of those responsible for inciting anger in the Libyan street by moving the tent to a different location so they could proceed with their sessions without interruption or delay. Mr. Ammari noted that GNC members were surprised by the entrance of a protestor into the tent, who accused members of the GNC of plotting with handicapped revolutionaries to break into the hall and attack them. He also added that the head of Tripoli security had provided evidence to the Prime Minister and the Deputy Minister of the Interior that two GNC members of the National Forces Alliance had instigated the scheme. A committee has been formed to investigate this matter, and Mr. Abdulmajeed Mlaigta, the head of the steering committee of the National Forces Alliance, has also issued a resolution to do the same.
63rd Meeting:
On Sunday, 10 February, in the hall of the Rexus Hotel, 142 of 190 GNC members discussed a number of matters, including Prime Minister Ali Zidane’s memo concerning confirmation of the ministers discussed in the 61st Meeting.
A sit in took place at the main entrance of the hotel, demanding speedy adoption of the political isolation law.
64th Meeting:
On Tuesday, 12 February, the GNC ratified the International Convention on the Rights of Persons With Disabilities. The GNC spokesman Mr.Omar Hmaidan announced in a press conference that Libya had finally become party to the convention, with provisions regarding paragraph 1 of Article 25. The convention aims to: define the rights of persons with disabilities, and try to support them, encourage their reintegration into society, protect their interests, and promote respect for their inherent dignity.
Mrs. Ebtisam Staita, a GNC member from Derna, remarked upon the ratification of the UN convention, and pointed out that some members refused to approve it because they had not read it. She added that the GNC legal, social affairs, and human rights committees had discussed the convention and reached a resolution on all the articles that address the rights and privileges of persons with disabilities, including benefits, special infrastructure, and suitable housing. Mrs. Staita also said that persons with disabilities will now enjoy full equal rights, with the exception of rights to sexual health, and reproductive services, which she contended contradicts with Islamic law and could result in sexual exploitation. The phrase “with no contradiction to Islam” was added as a safety measure to the document, and the convention passed with a majority vote.
The second item discussed was a proposal concerning the amendment of a provision of the Code of Criminal Procedure Part I (article 187). This article addresses crimes affecting state security, and the amendment proposed by the Ministry of Justice would lengthen the period of arrest without charges, justified by the current volatile security situation. The amendment was approved.
The third item discussed was the GNC’s refusal to amend Article 46 of the Civil Status Law (Law No. 36, from 1968). Under the previous regime, many people would change their ages to evade conscription or retire early. Some have called for an amendment that would render such petitions the responsibility of the Department of Civil Status rather than the courts. The decision on the adoption of this amendment was postponed until an explanatory memo has been submitted.
Mr. Omar Hmaidan announced in a press conference that the (GNC) would hold a special session on Wednesday,13 February to discuss a package of laws and legislation, including the law on the wounded of the war of liberation, and those with permanent disabilities who are members of the Libyan Heroes Society. Hmaidan also declared that the (GNC) would discuss the transitional justice law, the electoral commission law, and the political isolation law.
Special Session (65th Meeting):
On 13 February, the GNC discussed the law on the wounded of the war of liberation, as well as a proposition for appointing the members of the electoral commission, which will consist of three GNC members and six from the outside. They also reviewed the GNC president’s proposal calling for a GNC-led national dialogue, in addition to the political isolation law, and parliamentary absenteeism. Mr. Hmaidan clarified that the GNC has agreed to pass the law on the wounded of the war of the liberation and those with permanent disabilities who are members of the Libyan Heroes Society. A GNC committee has been formed to collect notes in preparation for the final adoption of the law.
The GNC also agreed to form a committee to lead the national dialogue and define its goals. Hmaidan also noted that the GNC discussed the transitional justice law, which provides the compensation for Libyans whose rights were violated by the former regime or during the transitional period. A fund would be established to pay reparations of all those affected socially, economically, or in other ways, in order to achieve reconciliation between Libyans and foster social peace through the construction of effective laws, institutions, and administrative systems that would obstruct exploitation or the misuse of public funds.
Hmaidan also announced that the GNC agreed to forming a committee to draft the law on the constituent committee. The drafting committee will consist of thirteen members, including three from the GNC (Shaban Abu-Sitta, Solomon Zoobi, and Mohammed Attomi). The other ten will be selected from outside the GNC.
Hmaidan said that the GNC had not yet voted on the political isolation law by request of the committee charged with drafting the billing the law draft, until it has been published by the media and reviewed by the majority of people, whose opinions will inform the final draft on which the GNC will vote.
GNC Resolutions
The GNC issued a number of decisions on Monday, 4 February, (Resolutions 5-8) concerning ambassador assignments:
- Mr.Salah-Eddin Muhammed Bshari, Ambassador to China
- Mr.Ramadan Muftah Tyari, Ambassador to Mexico
- Mr.Nuri Abu-Baker Faituri, Ambassador to Malaysia
- Mr.Assadey Muhammed Ben-Othman, Ambassador to Indonesia
Resolution 9 on the Initiation of the Formation of the Constituent Committee to Draft the Constitution: During the 6 February session the GNC issued a resolution concerning the initiation of the formation of the 60-member constituent committee. The resolution requires the necessary procedures begin immediately to elect the committee that will draft the constitution via direct vote. The GNC annulled Resolution 18 (from 2012) regarding the establishment of a social dialogue committee, as the resolution also authorizes the GNC president to propose a law on the restructuring of the electoral commission, and appoint three of its members from the GNC to prepare a draft of the law regulating the constituent committee, then submit it to the GNC for approval.
Sources:
- Live broadcast GNC sessions
- Official website of the GNC
- GNC social media page on Facebook
- Libyan news agencies
- Attadamun News Agency
- Libyan News Newspaper
- Various Facebook pages of members and parties in the (GNC)
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[Click here to download the report in Arabic.]