SRSG Leon Meets Group of Political Dialogue Participants, Representatives of Municipalities

11 Jul 2015

SRSG Leon Meets Group of Political Dialogue Participants, Representatives of Municipalities

Skhirat, Morocco, 10 July 2015 - The Special Representative of the Secretary General for Libya (SRSG) convened a number of meetings with a group of participants in the Libyan Political Dialogue and representatives of the municipal councils of Misrata, Sebha, Zleitin, Tripoli the Centre and Mislata to consult on means to support the Libyan Political Dialogue. Participants are convinced that it is important to provide clear guarantees to the dialogue parties for some items in the Agreement. The SRSG called on all parties to leave the constraints of the past and look forward to formulating a common future that promotes collaboration, reconciliation and national unity.

During those meetings, the SRSG underscored the following points:

1. The attendance of some representatives from the Municipalities Track, as well as political parties and personalities in this round was with the aim to send a clear message that the tracks are integrated and consensual, and that all participants in other tracks will be invited after Eid Al-Fitr break to take part in a joint meeting for all tracks to emphasize that the dialogue has achieved significant progress by concluding the Libyan Political Agreement document in preparation for the start of the next phase of the dialogue.

2. With regards to some previous decisions and laws that are considered problematic, and that may pose an obstacle to the implementation of the Libyan Political Agreement and statements if not addressed swiftly, the SRSG explained that the Agreement included a number of articles related to this issue, including the Committee that will be established by the House of Representatives and boycotting members to look into some of such decisions and laws, also, the Committee that will be established by the Presidency Council of the Council of Ministers to look into laws and decisions that were issued during the previous period with the aim to find suitable solutions. In all cases, and as recognized in all similar agreements, all previous legislations, agreements or decisions that contradict the items of the Political Agreement shall be considered void as soon as the Agreement is endorsed, and this is guaranteed by the intended amendment of the Constitutional Declaration according to the text of this Agreement.

3. In case it is not possible to reach consensus over some detailed issues before the initialing of the Agreement, there will still be room to address such matters through the annexes, which are considered an integral part of the Agreement, and will be negotiated among participating parties through the same mechanism that was adopted when negotiating the items of the Agreement. The last article of the Agreement stipulates that, even with the initialing, the Agreement will not enter into force until parties to the Libyan Political Dialogue endorse and adopt it in full and sign it. This is one of the many guarantees that the parties wanted to include in the Agreement.

4. The acceptance of one party to the agreement with specific reservations is a recognized practice that maintains the right of the parties to continue negotiations over those reservations until the final signature and adoption of the agreement

5. It is the norm and practice under international law for the relevant authorities to provide guarantees against prosecution of any individual for merely fighting his adversaries during the conflict. The aim of this is to facilitate national reconciliation, provided that this is not applied to crimes committed in breach of the international law, and carried out in a manner that does not conflict with the law.

6. One of the objectives of this Agreement, as expressed repeatedly by the participants, is to put an end to the political and institutional division, and to give pre-eminence to the spirit of national reconciliation and the wise handling of the concerns and interests of all segments without bias, exclusion or marginalization, in line with the principles set forth in the Agreement, namely the rule of law and respect of human rights.

7. The Libyan Political Dialogue emphasized that the implementation of decisions related to the disbandment of armed formations should be after the integration and rehabilitation of members of armed formations in civilian and military state institutions, as well as providing them with employment opportunities for a decent life according to a clear plan and timetable. This is considered one of the priorities of the Government of National Accord, which will contribute positively to the implementation of the part on security arrangements.

8. The Libyan Political Dialogue includes a clear vision for the necessary institutional structure needed to activate and restructure security institutions, based on clear foundations and principles that correspond with the aspirations of the Libyan people for security and stability in an institutional manner, far from personalization and in a way that respects the rule of law.

9. The Special Representative of the Secretary General for Libya explained that the international community is fully committed to all forms of support to ensure the implementation of all parts of the Libyan Political Agreement, especially support of all institutions that stem from the Agreement. He added that he will work with the Government of National Accord in its endeavor to seek a Security Council Resolution that endorses the Agreement and supports its implementation, and brings Libya back to the democratic path.

10. The Special Representative of the Secretary General for Libya underscored that the composition of the State Council is key for the success of the Agreement, and it will be addressed in detail in one of the annexes of the Agreement. He called upon all parties to submit their proposals on this matter while taking into consideration the principles of consensus, balance and fair representation.

The participants stressed their full support to the dialogue and their readiness to support its implementation. They are comfortable with the progress that has been achieved and they look forward to start, immediately after the initialing of the Agreement, reaching a consensus over the Government of National Accord, who will assume its duties as soon as possible.