Chicago Chronicle
08 Jan 2020, 10 GMT+10
Political experts from around the world publish their comments on Libya in the media. In these articles, they express the view that the Government of National Accord (GNA) in Libya has completely lost its legitimacy. In particular, Femi Mimiko's (professor of Political Science at Obafemi Awolowo University) article, published in the British Herald (https://britisherald.org.uk/2020/01/04/legality-versus-pragmatism-or-pandoras-box-of-turkish-parliament/) which was widely reprinted in the media.
Recall, the Libyan Political Agreement (Skhirat Agreement) was signed at the end of 2015 by representatives of the main Libyan factions. The document provided for the creation of the GNA and the formation of the Presidential Council for the transitional period. This was supposed to end with elections and the adoption of a constitution. Elections have not been held amid instability.
One of the key provisions of the Skhirat Agreement for the transition period: the entire legislative branch belongs to the House of Representatives, led by Aguila Saleh. The Libyan Political Agreement affirmed the powers of the House of Representatives. For example, without its approval, the GNA has no right to conclude a single international treaty. According to Article 18, the terms of office of the House of Representatives continue until the convening of the first session of the legislative body, in this case the Constitutional Parliament.
Since the Libyan constitution has not yet been adopted, elections have not been held, and international agreements with the House of Representatives are not coordinated and not approved with its participation.
The GNA did not agree on any candidacy for such key posts as the Chairmen of the Central Bank of Libya, the Libyan Investment Fund and National Oil Corporation, contrary to the Skhirat agreements. Mustafa Sanalla, chairman of the National Oil Company, is under criticism for apparently representing only the interests of Turkey and not Libyan people. The GNA term has expired and Fayez Mustafa al-Sarraj usurped power and revenues from Libyan oil.
The term of the GNA was to be valid for one year and could be extended for a maximum of another year if the constitution was not adopted in the first year. It means that since the beginning of 2018, the GNA has lost its legitimacy. As such, the new government of Libya can only be created by the will of the entire Libyan people as a result of elections or a new pan-Libyan conference.
In addition to not fulfilling other obligations of the Skhirat Agreement, the GNA does not counteract terrorist groups on its territory and does not fulfill its obligations to counteract the flow of illegal migrants penetrating Europe (at least 3,170 migrants have died while attempting to cross international borders this year).
Al-Azhar senior scholars urged the world, starting with Islamic nations, to prevent foreign intervention in Libya: Any foreign meddling in Libya will only further complicate the situation in the country and lead to more bloodshed and losses of innocent lives, - said the scholars in a statement. They called on Libyans to listen to reason and reject turning to foreign powers because that will "destroy the country's future and lead to its fragmentation" (https://aawsat.com/english/home/article/2066226/al-azhar-urges-world-thwart-foreign-intervention-libya ).
It is important to emphasize that until recently, the West actively supported the GNA. However, even the United States now understands the illegitimacy of the Libyan authorities (https://www.washingtonpost.com/opinions/global-opinions/libya-is-at-risk-for-becoming-the-site-of-a-multinational-war/2019/12/29/7f0fd762-28cd-11ea-ad73-2fd294520e97_story.html).
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