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“Atrocious crimes against the Libyan people” (memorandum of Dr. Saïf al-Islam Gaddafi)


“Atrocious crimes against the Libyan people” (memorandum of Dr. Saïf al-Islam Gaddafi)

Mid-November a report by CNN had caused an uproar. According to the American television channel, in Libya refugees are auctioned as slaves. On a recurring basis the main Western media report catastrophic conditions for refugees in Libya. But it does almost never mention how it came to these catastrophic and chaotic situations in Libya.

In October 2017. Dr. Saïf al-Islam Kadhafi, son of Muammar al-Gaddafi, wrote a memorandum for the postponement Herland. You can find more information about Saif Kadhafi in emissions that appear [www.kla.tv/11375, http://www.kla.tv/11613%5D.

Herland is a political portal on the Internet, which was founded by the Norwegian Hanne n Herland, writer and historian of religions. The internet portal has about a million visitors per month.

The memorandum of Saif al-Gaddafi was published in different languages in the world. Its goal is to clarify some facts and describe the terrible crimes committed against the Libyan people. The introduction of the memorandum indicates that these crimes were committed in the name of humanitarian military intervention. He said that civilians must be protected, introduced democracy and prosperity. The Member States of NATO attacked Libya with all the weapons at their disposal, and with the help of some Arab States and some Libyans. The justification was as phony as that of the military intervention in Iraq in 2003, because it was actually the systematic destruction of a sovereign State and a peaceful nation. The memorandum aims to publicize the crimes committed by the international community, human rights organizations and other non-governmental organizations (NGOs). The Libya and its people in their tireless efforts should be helped to rebuild this small country. This is for the submission of the memorandum.

SAIF Kadhafi tells how the supposedly peaceful uprising began early 2011 as part of the Arab and how a propaganda machine against Muammar al-Gaddafi has in the meantime been put on. The cruel crimes perpetrated by the so-called peaceful demonstrators are listed with their sources.

The second part describes how the International Criminal Court (ICC) has implemented two weights and two measures in the Libyan civil war and in the intervention of NATO. While Libyan politicians were associated with fictitious crimes, the barbaric murder of Kadhafi and his son al-Moutassim by militias supported by NATO was ignored and not sentenced.

In a third part are listed the human rights violations committed by Libyan militias and their leaders. The militias have also practiced ethnic cleansing, the traffic in organs of prisoners, etc. In addition, militias and their leaders have destroyed vital Libyan infrastructure, as Tripoli airport and the air fleet, in July 2014. All these crimes have been ignored by the international community and United Nations agencies.

Finally, the fourth part of the memorandum lists the atrocities committed by NATO against the civilian population. Many civilians have been killed by NATO air operations. After that NATO had helped the militias to govern the Libya, still more terrible terrorist crimes have been committed against Libyans and foreigners. Human Rights Watch had reported all these victims and, in some cases, NATO admitted that she was responsible for the deaths of these innocent people. However, the International Criminal Court has issued no arrest warrant against militia leaders or NATO forces.

If the memorandum of Saif Gaddafi is true, the International Criminal Court would be a Stirrup of the United Nations and NATO, a political instrument for the further justification for war crimes. Human rights violations are not reported because the human rights would be violated, but only in order to obtain the benefits in terms of power politics. The Libyan case was intended to get rid of a bad leader, Muammar al-Gaddafi, despite the disastrous consequences for the country.

Subsequently, we publish the memorandum drafted by Mr. Saïf al-Islam al-Gaddafi, which appealed to many sources. The translation of Arabic to the french has been verified by Klagemauer.TV.

voir le memorandum: https://www.kla.tv/index.php?a=showlanguage&lang=fr

de dd

Liens : [1] https://www.youtube.com/watch?v=POlbi9R9zdg
THE HANGING OF A LIBYAN SOLDIER IN THE STREETS OF BENGHAZI IN 2011 [2] https://www.youtube.com/watch?v=4sRqj8GwtW0
CIVILIANS DRIVING TANKS IN THE STREETS OF BENGHAZI [3] https://www.youtube.com/watch?v=MxOEzgnqViE
BURNING AND EATING THE LIVER OF A SECURITY OFFICER IN 2011 IN THE CITY OF MISRATA [4] https://www.theguardian.com/world/2013/jan/08/libyan-revolution-casualties-lower-expected-government
THE GUARDIAN REPORT ON THE ACTUAL NUMBER OF DEATHS IN THE 2011 WAR AMNESTY REPORT [5] https://humanrightsinvestigations.org/2012/11/14/amnesty-international-and-the-human-rights-industry/
RAPE CLAIMS [6] www.theguardian.com\world\2011\jun\09\libya-mass-rape-viagra-claim
RAPE CLAIMS IN 2011 [7] https://www.youtube.com/watch?v=1dRBAKDnIoo
THE LIBYAN PILOTS IN MALTA [8] https://www.hrw.org/ar/world-report/2012/country-chapters/259719
HUMAN RIGHTS WATCH REPORT [9] https://humanrightsinvestigations.org/2012/11/14/amnesty-international-and-the-human-rights-industry/
RAPE CLAIMS [10] https://www.hrw.org/news/2011/08/01/handing-qaddafi-get-out-jail-free-card
CRIMINAL JUSTICE COURT REPORT ON MUAMMAR QADDAFI, SAFI AL ISLAM AND ABDULLAH AL SANUSSI [11] https://www.icc-cpi.int/libya/gaddafi/Documents/GaddafiEng.pdf
CRIMINAL JUSTICE COURT REPORT ON SAIF AL ISLAM [12] https://www.youtube.com/watch?v=TpBjcD8Mac8&bpctr=1472059121
MUAMMAR AL QADDAFI’S DEAD BODY [13] https://www.youtube.com/watch?v=4pknYlmQSks&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D4pknYlmQSks&has_verified=1MUTTASIM
MUAMMAR AL QADDAFI’S BEFORE-AFTER DEATH FOOTAGE [14] https://www.youtube.com/watch?v=Kqq_W4NhlFo
ABDULLAH AL SANNUSI’S IMPRISONMENT IN MILITIA’S PRISONS [15] http://www.bbc.co.uk/news/world-africa-14786753
BBC REPORT ON ABDULHAKIM BELHAJ LIBYA [16] https://www.youtube.com/watch?v=ReQ2MGUmXWA
GENERAL AMNESTY LAW [17] https://www.youtube.com/watch?v=FUHodoC24Uk
SHELLING BANI WALID IN 2012 BY THE NEW GOVERNMENT’S MILITIAS IN 2012 [18] https://www.youtube.com/watch?v=yG-SJoFJn3o
BURNING OF HOUSES AND PROPERTIES IN THE CITY OF WERSHIFANA IN 2014 [19] https://www.youtube.com/watch?v=fIa5LPIIldw
A WIPEOUT OF THE CITY OF SIRTE BY THE SO CALLED “REBELS” IN 2011 [20] https://www.youtube.com/watch?v=ZW96ltI1qok
THE DISTRUCTION OF THE CITY OF BENGHAZI [21] https://www.youtube.com/watch?v=abVGdkdWgj0&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DabVGdkdWgj0&has_verified=1MUAMMAR
QADDAFI’S CONVOY AFTER GETTING STRIKED BY NATO IN 2011 [22] https://www.youtube.com/watch?v=WrfSrvseOCg
BURNING OF TRIPOLI INTERNATIONAL AIRPORT [23] https://www.youtube.com/watch?v=mgWdxbQM-7Y
BURNING OF LIBYA’S AIERIAL CONVOY AND AIRPLANES IN TRIPOLI INTERNATIONAL AIRPORT [24] https://www.youtube.com/watch?v=NBE3yFCSYio
SATTELITE IMAGES OF THE BURNING OIL TANKS IN TRIPOLI [25] https://www.youtube.com/watch?v=P8tpk0TRbTo
OIL TANKS BURNING FOOTAGE LINK [26] http://gate.ahram.org.eg/News/323668.aspx
YOUSEF AL-GHERIANI’S COURT DECISION [27] https://www.youtube.com/watch?v=5uE6eXHuWcU
AL-JFAARA FAMILY MASSACRE IN BANI WALID 2011 [28] https://www.rt.com/news/bani-walid-siege-source-211/
RT REPORT ON THE SIEGE OF BANI WALID AND CHILDREEN DEATHS IN THE CITY BY MILITIA SHELLINGS [29] https://www.youtube.com/watch?v=YTUdWFjnmHI
AL-KHWAILDI’S FAMILY MASSACRE BY NATO IN 2011 [30] https://www.youtube.com/watch?v=5uE6eXHuWcU
MAJER MASSACRE BY NATO IN THE CITY OF ZLITIN 2011 [31] https://www.youtube.com/watch?v=6t0ubOqaQk4
THE MURDER OF SAIF AL ARAB MUAMMAR AL QADDAFI BY NATO IN 2011 [32] https://www.youtube.com/watch?v=Uopl8o27TRc
KIDNAPPING AND TORTURING THE ISLAMIC SCHOLAR AL MADANI AL SHWEERIF BY “THE REBELS” [33] https://www.youtube.com/watch?v=7wrxLM7xgpg
HUSSAIN AL KARAMI’S (ISIS TERRORIST) FRIDAY PRAYER SPEECH IN THE CITY OF SIRTE [34] https://www.youtube.com/watch?v=FYupUv6v9GM
THE FORCE-ENTRY OF MUHAMMED HASSAN’S HOME BY THE SO-CALLED REBELS IN 2011 [35] https://www.hrw.org/news/2015/12/03/interview-dark-inside-libyas-prisons
HUMAN RIGHTS WATCH REPORT ON THE DARK PRISONS OF LIBYA [36] http://www.masress.com/tahrirnews/311658
THE KILLING OF THE EGYPTIAN POPE IN THE CITY OF MISRATA IN 2012 [37] https://www.theguardian.com/world/2015/feb/15/isis-21-egyptian-coptic-christians-beheading-libyaTHE
MURDER OF 21 EGYPTIAN CHRISTIANS BY ISIS TERRORISTS IN THE CITY OF SIRTE [38] http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/11548360/Islamic-State-murders-30-Ethiopian-Christians-in-Libya.html
THE MURDER OF 30 ETHIOPIAN CHRISTIANS IN LIBYA [39] https://www.theguardian.com/world/2013/dec/05/american-teacher-ronnie-smith-shot-dead-jogging-benghazi
MURDERING OF THE AMERICAN TEACHER IN THE CITY OF BENGHAZI [40] https://www.theguardian.com/world/2014/jun/05/red-cross-staff-member-killed-libya-sirte
THE MURDER OF THE RED CROSS CREW IN THE CITY OF SIRTE [41] http://www.bbc.co.uk/news/world-africa-22260856
THE FRENCH EMBASSY’S BOMBING IN TRIPOLI [42] https://www.youtube.com/watch?v=1Arl2mY01l8
US EMBASSY ATTACKS IN BENGHAZI 2012 [43] https://www.youtube.com/watch?v=uMJVAMD7axg
TONY BLAIR ADDMITING THE “MISTAKE” OF THE INVASION OF IRAQ [44] http://www.ahmedmaiteeg.com/%D8%B9%D9%86-%D8%A7%D9%84%D8%B3%D9%8A%D8%AF-%D8%A3%D8%AD%D9%85%D8%AF-%D8%B9%D9%85%D8%B1-%D9%85%D8%B9%D9%8A%D8%AA%D9%8A%D9%82/
AHMED MAETIEG’s WEBPAGE [45] http://www.unmultimedia.org/arabic/radio/archives/195390/#.V74RTvkrKUk
NIHAD MAETIEG SPEECH ON one WEBPAGE [46] http://www.who.int/countryfocus/cooperation_strategy/ccsbrief_lby_en.pdf
WORLD HEALTH organization REPORT ON HEALTH-CARE IN LIBYA [47] http://www.opec.org/opec_web/en/about_us/166.htm
LIBYAN OIL EXPORT REPORT IN 2015 https://en.wikipedia.org/wiki/Hanne_Nabintu_Herland
https://libyaagainstsuperpowermedia.org/2017/10/23/exclusive-memorandum-on-Libya-fabrications-against-the-State-leadership-and-army-by-Dr-Saif-al-Islam-Gaddafi/

 

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MEET THE KEY PLAYERS FIGHTING IN LIBYA


MEET THE KEY PLAYERS FIGHTING IN LIBYA

Since Qaddafi’s downfall, Libya has been overtaken by a chaotic mix of rival governments, armed groups and jihadi militants. ISIS has established bases in Libya, while an Al-Qaeda affiliated group is also active.

The Government of General National Congress (GNC)

Who?

On the 8th of August 2012 the NTC has officially handed over power to the General National Conference. In June 2014 the House of Representatives was democratically elected but the GNC did not accept this defeat. Thus they brought in the Misurata militias to burn the international airport of Tripoli and cause the biggest environmental disaster in Libya. All militias are financed by GNC and GNA otherwise they would have been overthrown.

 Where?

The GNC is based in Tripoli where they took power in August 2014, the GNC represents the Muslim Brotherhood and all other fanatic sects. Holds the capital of Tripoli under captivity till today together with the GNC.

Aligned with?

The GNC has a broad base of Qatar, Saudi Arabia, Turkey, England, France and the USA support. All these countries support the Muslim-brotherhood as moderate muslims.

The Government of National Accord (GNA)

Who?

Established in early 2016 after a U.N.-backed negotiation process, the GNA represents the international community’s hope for a return to peace and stability in Libya. It is led by the Presidential Council, headed by Prime Minister Fayez al-Serraj, a trained architect with little political experience prior to his appointment.

Where?

The GNA is based in Tripoli, the country’s capital located in western Libya. Which is under captivity of  the two governments  the GNC and the GNA..

Aligned with?

The GNA has a broad base of international support. The U.S. ambassador to Libya, Peter Bodde, visited Serraj in Tripoli on Tuesday—the first visit by an U.S. ambassador since 2014, where Safira Deborah run out off  Tripoli even-though she praised the Islamists and  five years after Islamist militants killed four U.S. officials, including the then-ambassador Christopher Stevens—where he pledged support the NTC, promising to assist with expanding its “counter-terrorism capacity” and train Libya’s armed forces. Various militias who are financed are also supportive of the 2 governments in Tripoli.

Fayez al-Serraj

Prime Minister of Libya’s Government of UN backed Gov, Fayez al-Serraj, attends a news conference with the U.S. ambassador to Libya Peter Bodde and Marine General Thomas Waldhauser, the top U.S. military commander overseeing troops in Africa, in Tripoli, Libya. Serraj represents the international community’s hope for restoring stability to Libya. HANI AMARA/REUTERS

The Libyan National Army

Who?

The Libyan National Army (LNA) constitutes the remnants of the country’s military, defeated under Qaddafi in the 2011 revolution and disbanded. It is led by Khalifa Haftar, who has pledged to fight terrorism in Libya but has rejected the authority of the GNA and the GNC. Haftar served alongside Qaddafi in the Libyan military, but later plotted to overthrow Qaddafi and fled Libya to the United States in the mid 1980s. He thought he had a senior role in forces that overthrew Qaddafi in 2011 till he had General Abdel Fatah Younes assassinated .

Where?

Haftar and his forces are based in the eastern city of Tobruk and control much of eastern Libya, including valuable oil fields and pipelines. The LNA has also been battling for control of Benghazi, Libya’s second-largest city, since 2014 against the Benghazi Revolutionaries Shura Council (BRSC), a group of Islamist militias and jihadi groups including Ansar al-Sharia, the main militant group in the country.

Aligned with?

While Haftar has refused to endorse theGNC and GNA, he met with Serraj recently in the United Arab Emirates for talks; Haftar released a statement calling for changes to the U.N.-backed deal that formed the GNA. Haftar has also courted international support from Russia.

Khalifa Haftar

General Khalifa Haftar during a press conference in Amman, Jordan, August 24, 2015. Haftar commands armed forces in the east of the country and has so far refused to recognize the U.N.-backed government in Tripoli. KHALIL MAZRAAWI/AFP/GETTY IMAGES

The Self-proclaimed Islamic State militant group (ISIS) in Libya

Who?

Since late 2014, ISIS has gradually built up its fighters and presence in Libya. Some former pro-Qaddafi strongholds turned to the jihadi group after their leader’s downfall, while the group has also been boosted by a flow of foreign fighters, many from other Arab states. The group’s leader, Iraqi national Abu Nabil, was killed in a U.S. airstrike in late 2015; it is unclear whether a new leader has been appointed, although an ISIS publication carried an interview with Abdul Qadr al-Najdi in March 2016, identifying him as the “emir tasked with administering the Libyan provinces.”

Where?

From 2012 till 2015 the jihadi group main base was Derna on the East side of Libya till it was destroyed what was left moved their base to Sirte until late 2016, a coastal city in central Libya that was Qaddafi’s hometown and was captured by ISIS in June 2015. But after six months of fighting, pro-government forces liberated the city from the militants in December 2016. ISIS has carried out attacks in all Libya’s major cities, including Tripoli, and previously controlled the cities of Sabratha in the west but has since lost control of all three.

Aligned with?

The group is aligned with Abu Bakr al-Baghdadi, the purported caliph of ISIS who is thought to be based between Iraq and Syria. ISIS in Libya has on occasion cooperated with Ansar al-Sharia, but the latter group has not given its allegiance to Baghdadi and has suffered defections to the former.

Misrata Libya ISIS

Libyan security forces and citizens inspect the damage after a car bomb attack on a security post in the Saddada area near the eastern Libyan city of Misrata, on April 13, 2016. The city was retaken from ISIS in December 2016 by pro-government militias. STRINGER/AFP/GETTY IMAGES

Ansar al-Sharia

Who?

Formed in 2012 after a merger of several Islamist militias, Ansar al-Sharia (ASL)—whose name means “Partisans of Islamic Law”—are an extremists militant group calling for the imposition of Islamic law across Libya. The group was headed up by Mohammad al-Zahawi, a Libyan imprisoned under Qaddafi; but the group said in January 2015 that Zahawi had been killed, and it is unclear whether a replacement has been appointed. U.S. officials also blamed ASL for the Benghazi consulate attack, although the group denied responsibility.

Where?

ASL is based in Benghazi, where it has been fighting against General Haftar’s forces for several years as part of the Shura Council.

Aligned with?

In 2014, the U.N. added Ansar al-Sharia’s brigades in Benghazi and Derna to its sanctions list of groups and individuals associated with Al-Qaeda, the global jihadi franchise. The U.N. said that ASL ran training camps for fighters traveling to Syria, Iraq and Mali. The group itself has denied links to Al-Qaeda and has in recent years focused its energies on charitable and da’wah—spreading the faith of Islam—in a bid to shake off its image as a militant group.

Benghazi Revolutionaries Shura Council (BRSC)

An umbrella group of Islamist militias and jihadis, including ASL, the BRSC is based in Benghazi and battling against Haftar’s forces for control of the city. In this respect, it is fighting alongside ISIS, and the group has experienced tensions because of the association with the militant group, according to the European Council on Foreign Affairs.

Various militias and brigades

Libya is home to a vast collection of local and tribal militias, some of which support the U.N.-backed government, others which are concerned with local interests. Prominent among these are the Misrata brigades, which played a key role in liberating Sirte from ISIS; the Zintan brigades, who  captured Qaddafi’s son Saif al-Islam in 2011; and the Third Force, a GNA-backed militia accused of perpetrating an attack on an airbase in southern Libya earlier in May that killed 141 people, mostly soldiers loyal to Haftar.

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OPINION: Libya has one government and one parliament


OPINION: Libya has one government and one parliament

By Azza K. Maghur

Everyone out there please read carefully & complete.

Libya has one government and one parliament.

Nevertheless, members of the international media and foreign policy makers around the world are distorting this simple fact by speaking of Libya’s government as divided. Repetition has created a misleading media narrative and imposed a perceptual reality that in effect divides Libya. It is pressuring the country’s beleaguered democratization process to a point where it may be aborted, or worse, push Libya towards partition.
A Constitutional Declaration was written in August 2011 to guide Libya forward through the transitional period following its Revolution. Nevertheless, this essential document and the plan it lays out to lead a unified Libya to a democratic civil state is overlooked.
It is disturbing to see legitimate institutions, formed within the framework of the Constitutional Declaration, equated with so-called governments and institutions that are the product of violence. How are acts of warstorming the doors of governmental institutions, forcibly occupying ministries, shelling cities with missiles and destroying the country’s largest airport along with hundreds of millions of dollars of planes – be considered comparable to democratic process?
Peaceful transfer of power is a cornerstone in the democratization processes of newborn democratic states. Libya went through three elections, two of which involved a transfer of power. In accordance with the Constitutional Declaration, Libyan voters elected the country’s House of Representatives (HoR) on 25 June 2014; the House of Representatives then appointed an interim government headed by Prime Minister Abdullah Al-Thinni.
How, after the hard-won steps Libya has taken towards democracy, can members of the diplomatic community and media refer to the democratically elected HoR as the “Tobruk parliament” and its legitimate government as the “Al-Thinni government,” thus ignoring the June 2014 election results and distorting the historical record?
Meanwhile, international media and diplomats refer to the remnant group of politicians in Tripoli as the “GNC,” the parliament that preceded the HoR. The General National Congress (GNC) mandate expired on 21 July 2014 when the results of the HOR election were announced. However, one week before, a coalition of Islamist and regional militias launched an armed operation, called Operation Dawn, to take over the capitol Tripoli. After weeks of urban warfare, it succeeded on 23 August. Operation Dawn’s first political move was to call on the GNC to resume sessions and to appoint a government. A small group of former GNC members began to meet and appointed Omar Al-Hassi as Prime Minister of, what he termed, a National Salvation Government.
Needless to say, the imposition of the rump GNC had no footing in the Constitutional Declaration and was in violation of democratic principles. The mandate of the GNC had expired and there is no constitutional provision for its return. In reality, the rump GNC, composed of thirty or fewer of the original 200-member parliament, became the political arm of the Operation Dawn militias.
How is it possible for a country unified under a Constitutional Declaration to have a “Tobruk parliament” and at the same time a rump “GNC”? The intent of this article is to dust off the truth and build a better understanding of Libya’s governing institutions and the plan laid out in the Constitutional Declaration.

Phase 1: The Constitutional Declaration, August 2011
The Constitutional Declaration was issued by the self-proclaimed political entity of the February 2011 Revolution, the National Transitional Council (NTC). It was simple and recognized the self-proclaimed NTC as the highest authority of the state, granting it a mix of legislative and executive powers. It allowed for the NTC to appoint (and dissolve) a cabinet to govern. A timetable stipulated that the NTC hand over power to an elected body, the GNC, within 240 days from the declaration of the liberation of Libya. Elections for the GNC were held on 7 July 2012 and on the 8 August, in a ceremonial event, the NTC publicly announced the transfer of power to the first parliament elected by Libyans in nearly 50 years.
The ceremony took place under the scrutiny of a people who had survived generations under dictatorship. On that remarkable day, at a time when militias were positioned in every corner, in every city, the NTC managed to transfer power to a purely civil entity chosen by the Libyan people. Nevertheless, the transfer ceremony was not without incident. Salah Badi, an elected GNC member who  demanded that a young Libyan woman leave the stage because her head was uncovered. Sarah Messelati, who was only 22, left the room quietly. However, shamefully no one in the gathering, including women representing 16% of elected GNC members, spoke up in her support. That day, everyone’s hearts and eyes were clinging to the power transfer ceremony and eager for it to take place as quickly and quietly as possible.
In addition to establishing the GNC, the Constitutional Declaration also created the Constitutional Drafting Assembly (CDA) tasked with writing the future Libyan constitution. It allowed 60 days for the CDA to draft the Constitution and then forward it to the Libyan people for referendum. This period was later extended to 180 days.

Phase 2: The General National Congress, July 2012-July 2014
In July 2012, the GNC replaced the NTC as the highest authority of Libya. The main goal and task of the GNC during its mandate was to establish the Constitutional Drafting Assembly (CDA). Following ratification of the Constitution, a second transfer of power would occur, with the GNC handing over to the newly-elected institutions prescribed in the Constitution. In summary, this second phase was about drafting a constitution and a subsequent peaceful power transfer, by which the transitional period would end and a new democratic civil state would be launched.
However, the GNC neglected its mandate, interfered with the executive branch and focused on promulgating a political isolation law by which Libyans became unequal before the law. This law was adopted in May 2013 under armed pressure from militias connected with sympathetic members of the GNC.
Finally, after eight months, the GNC realized it had been sharply diverted from its principle mission and appointed a committee to draft the CDA election law. The CDA election took place in February 2014, over a year and a half after the GNC assumed office. The CDA’s first session was held in the town of Baida in April 2014.

Phase 2.5: The February Committee, February-April 2014
As the GNC tenure wore on, it became increasingly apparent that the body was unable to run the country efficiently and its interference with the executive was making governance an impossible mission. When the GNC finally initiated the process of drafting the CDA election law in April 2013, disgruntled Libyans were already in the streets demanding that the GNC step down and transfer power to a new representative body.
Every time the GNC stretched the period of fulfilling its major duty, the establishment of the CDA, it also stretched its own mandate and continued to be the highest authority in the country. It became clear that the simplicity of the Constitutional Declaration did not account for a separation or balance of powers between the executive and legislative branches of government. The conclusion reached by the citizenry and many members of the GNC was that the limitations of the Constitutional Declaration made the GNC inadequate as a vehicle to take Libya out of the transitional period to a modern constitution.
Under tremendous pressure from within the GNC and the general public, a Sixth Amendment to the Constitutional Declaration was adopted by the GNC, by which a new phase was drawn to revive the democratization process. The GNC created a constitutional committee called the February Committee to take the necessary steps to amend the Constitutional Declaration to allow new parliamentary and presidential elections. Accordingly, the GNC decided to end to its existence, even before a constitution was issued and transfer power to a new parliament. This new parliament would be based on democratic principles, including separation of powers between branches, a series of checks and balances and a distinctly separate executive branch headed by an elected president with a clear mandate to state powers. By taking this step, the legislative power would no longer be the highest authority of the state of Libya.
A new road map introduced by the February Committee added an additional phase to allow for a new parliamentary body, the House of Representatives (HoR) and a directly elected President. Most significantly, the February Committee introduced a conventional module of governance based on equilibrium and separation of powers.
On 31 March 2014, the GNC adopted the February Committee’s first set of recommendations. However, the matter of the election of a President of the State was postponed to be reviewed by the HoR. The newly elected HoR would resolve whether the President would be elected directly by the people (as recommended by the February Committee) or by the HoR. By doing so, the GNC again created hurdles to the democratization process. The elements of the February Committee proposal were interconnected and could only be adopted as a whole. Any substantive changes or postponement of the proposal’s clauses rendered the concept of democratization refreshment useless.

Therefore, a third and additional phase, which was not originally anticipated in the Constitutional Declaration, was adopted by the GNC in March. On 29 April , the GNC passed Election Law Number 10 of 2014 to provide for the election of the HoR. This third phase afforded a dignified exit to the GNC and a peaceful hand over to a new parliament. The GNC was under an obligation to fulfill the peaceful transfer of power to the HoR as its predecessor had to it. Any failure to do so entailed individual legal responsibility of GNC members before the law.

Phase 3: The House of Representatives, June 2014-present
The GNC adopted a series of required legislative steps to insure a peaceful transfer of power to the HoR. These included a decree issued by the GNC President ordering preparations for the ceremonial transfer of power to the HoR and calling on the HoR to convene.

Beginning in May 2014 armed conflict ignited in parts of Libya and till now, this continues to complicate Libya’s transition to democracy. At the time of the 25 June election, fighting was underway in the city of Benghazi. An thinkable tragedy unfolded the night of the election when Salwa Boughaigis, a prominent civil society activist, lawyer, and deputy president of the National Preparatory Dialogue Commission, was brutally murdered in her home in Benghazi, not long after she posted on social media photos of herself voting. Her husband, Essam Gheriani, was kidnapped and to date has not been found. A national hero for her role in the revolution, Boughaigis became one of hundreds of Libyan civil society activists, military and security professionals, politicians and media figures assassinated in the years following the revolution.
On 21 July 2014, the High National Elections Commission announced the results of the H0R election: 188 members out of 200 were elected. The remaining twelve would have been from communities that were prevented from voting by extremist militias. In addition Amazigh communities chose to boycott the election as part of their campaign against what they claimed was constitutional marginalization.

In line with the February Committee recommendations, the seat of the HoR would be located in Benghazi. Preparations were already in progress to refurbish the Tibesti Hotel as its headquarters in order to allow the HoR to begin meeting there by the end of July. However, the combination of armed conflict, the closure of the airport in Benghazi and other violent incidents made it infeasible for the HoR to convene in Benghazi. The freshly-elected body was forced to quickly find a new place to meet. Given that armed conflict had spread to Tripoli, HoR members followed the suggestion of the body’s senior members and convened in the quiet eastern city of Tobruk on 4 August.
By the time the HoR convened, Libya’s democratization process was in deep crisis, but still surviving. Urban warfare in Tripoli compelled many residents to flee the city, including government ministers who began meeting in the relatively calm and secured city of Beida where the Constitutional Drafting Assembly had been working. This phase of the transitional period can certainly not be described as peaceful. How could it be in a country in the grip of militias?
The inaugural meeting of the HoR was attended by 158 of the 188 elected members; thirty members boycotted in protest of the change of location and some remnant GNC members tried to halt the process under pretext of ceremonial procedure.

Despite the series of decrees the GNC had issued to initiate the necessary steps to ensure a peaceful transfer of power, members of the body, led by its President, Nouri Busahmain, refused to attend the meeting in Tobruk. However, the inaugural session was attended by the GNC’s First Deputy, Ezzedine al-Awami. Al-Awami represented a large bloc of GNC members who supported the democratization and legitimacy requirements defined by the Constitutional Declaration. This document, as amended by the February Committee, emphasizes that the HoR must convene within two weeks of the date of the HNEC announcement of the final election results. This precise date, 21 July 2014, constituted the transfer of power between the GNC and its successor. The Constitutional Declaration stipulates that power and legitimacy originate from the people as “the source of powers.” Therefore, all other related acts and decisions from the previous legislative power are considered ceremonial only and add nothing to the result of the elections.

Immediately after the GNC was announced to be back on stage by the Operation Dawn militias, the media began to use different terms when writing about Libya. The international press went from celebrating the HoR elections, covering the HNEC’s announcement of the winners and speculating on the leadership and political composition of the new parliament, to writing as if Libya had two parliaments and two governments, in effect rendering Libya’s short but rich democratization process insignificant.

The democratization process and its values, including the transfer of power, do not depend on protocol and ceremonies. Ceremonial procedures are never considered an impediment during the democratization process; the crucial and substantive principle of the transfer of power overrides ceremonial procedures. Peaceful transfer of power constitutes a vital obligation for democracy, while the ceremonial process of “hand over,” if any, is merely a public declaration of it. Ceremonial steps cannot be used to impede or block the democratization process. The rump GNC, however, reached a point where it denied any transfer of power, for the simple reason that the GNC President’s insistence to hold the handover ceremony in Tripoli was not accepted by the HoR. To accept the rump GNC’s position would be to say that one person, i.e. “the Speaker of the Parliament,” can twist the whole concept of democracy, and block it.

In addition to the pressures exerted on Libya’s democratization process, foreign policy makers and the international media are undermining the process by imposing an unlawful, illegitimate and artificial reality. Each of the many references to members of the former GNC as the “GNC,” as if the dissolved body continued to exist, constitutes a false and erroneous statement. There is no longer the GNC body; rather, there are some former members of the former GNC who are contravening the spirit of the Constitutional Declaration and the essence of democracy. The GNC wittingly ended its term in office, amending the Constitutional Declaration and issuing legislation and decrees. It can never reverse this process because it is a legal obligation and the GNC is obliged to fulfill this obligation.

The remnant GNC members are claiming that they are still in power based on their interpretation of the Libyan Supreme Court November 6, 2014 ruling. They argue that it dissolves the HoR. Regardless of whether or not this is a correct interpretation, dissolving the HoR does not allow the GNC to return as the governing authority in Libya. If the HoR were dissolved, it would only open venues for new elections, a new road map and a new phase in Libya’s difficult road towards democracy based on the Constitutional Declaration, a political agreement or on a new constitution.

Today there is neither a GNC, nor a so-called National Salvation Government. Legitimacy is not a carte blanche conferred by the media or policy makers. Power can be divided and shared, but legitimacy cannot. If democracy is not only about elections, it is certainly about the transfer of power. If elections alone do not consign legitimacy, then refusal to transfer power is the suffocation and poisoning of democracy itself. The conclusion is that Libya has one government and one parliament.

To think or write about the Libyan State in any other way, gives a false image of Libya and threatens the country’s troubled democratization process, recklessly pushing it towards possible partition.

Azza Kamel Maghur is a Libyan lawyer, human rights activist and former member of the 2014 February Committee tasked by the General National Congress to amend the transitional Constitution and prepare the elections law.

BETTER LATE THAN NEVER: UN asked to investigate human rights violations in Libya


 

BETTER LATE THAN NEVER: UN asked to investigate human rights violations in Libya

The Rusaifa agency writes: the Human Rights Council at the United Nations asked the UN High Commissioner for Human Rights to investigate the violations committed in Libya since the fall of the late Colonel Muammar Gaddafi’s regime. All of us activists can sent to the HR commissioner all the documents we have for all the atrocities that occurred from the time of the illegal war in 2011 till today. We have videos, pictures, and very few prisoners who escaped that tell their horror in the hidden prisons that exist in the whole of Libya. We know for a fact that the HRight’s people will do nothing because all these documents that we have will have to go to the ICC which also includes foreign soldiers who were on the ground and unfortunately they have stayed till today, also NATO nations who were involved in these atrocities… but lets take this in good faith will they put in prison their star leader which is Abdelhakim Belhaj? or the phony PM Hassi? How about the lunatic Badi? lets not forget the 2 people the United States kidnapped from Libya and have them in their custody, well now one the other died or so they say during an operation he had and somehow a healthy man died on the operation table it’s just a fortunate coincidence so that he would not address the court and reveal what the American foreign policy together with the CIA did to Libya….

The Human Rights Council of the United Nations to begin an investigation into the crimes since 2014 in Libya violations witnessing the chaos since the fall of the former regime and the dispute adjudicated two governments. Well good luck to them first assailants are the USA, FRANCE, BRITAIN, QATAR, SAUDI ARABIA then come Belhaj and his crew which created 240 militias in Libya to terrorize all Libyan civilians.

Members of the 47 countries in the Council has unanimously adopted a resolution in this sense, the initiative of the African Group and the Group of Arab countries and a large number of EU countries, including France and Britain. Isn’t that grand the same countries that bombed Libya murdered in cold blood the President of the country so that they could have a regime change.. Who are they kidding?

The Council requested in this decision of the High Commission of the United Nations for Human Rights “to immediately send a mission to investigate violations and abuses of international human rights law committed in Libya since the beginning of 2014”. Do not go far, we have all the documents here ABDULHAKIM BELHAJ, BADI RESPONSIBLE FOR THE GARGOUR MASSACRE, TOTAL DESTRUCTION OF THE INTERNATIONAL AIRPORT OF TRIPOLI, You also have Hassi the taxi driver he is also responsible for attacks of HoR in Tobruk you can also look into the Muslim Brotherhood who altogether are financed, protected by the USA/QATAR/SAUDI ARABIA/UN. So you see whatever they say they want to do it’s not going to happen as they are all involved.

The investigators should “establish the facts and circumstances … so that there will be no impunity.” Yes this will happen when hell freezes over.

These will provide the first oral report in September, followed by a written report within a year during the thirty-first meeting of the Council.

The UN Security Council asked the International Criminal Court in February 2011 an investigation into crimes committed in Libya during the events that led Western military intervention after the fall of the late Colonel Muammar Gaddafi’s regime. HERE GOES THE SAYING BETTER LATE THAN NEVER.

But can not be available to the Court, means to conduct an investigation because of the chaos that prevails in the country

Libya bans Palestinians, Syrians and Sudanese from entry


Libya bans Palestinians, Syrians and Sudanese from entry

(Reuters) / 6 January 2015

Libya’s official government has banned Palestinians, Syrians and Sudanese from entry because their countries are undermining the oil producing nation’s security, the interior minister said.

The government of Prime Minister Abdullah Al Thinni runs only a rump state in eastern Libya after a rival group seized Tripoli in the summer, setting ups its own parliament and a government not recognised by world powers.

Thinni’s government would therefore only be able to enforce the ban at the eastern airports of Tobruk and Labraq and the land crossing with Egypt. The country’s crossing to Tunisia and airports in Misrata and Tripoli-Mitiga are out of its control.

“We’ve decided to ban nationals from Sudan, Syria and Palestine after the intelligence services and police established that some Arab countries are involved in undermining Libya’s security and sovereignty,” Thinni’s interior minister, Omar Al Sanki, told Reuters late on Monday.

Thinni’s main military partner, former army general Khalifa Haftar **(and a CIA AGENT), has repeatedly accused Sudanese, Palestinians and Syrians of having joined Ansar Al Sharia and other Islamist groups which are battling pro-government forces in the eastern city of Benghazi.

In September, Thinni said Sudan had attempted to airlift weapons and ammunition to the new Tripoli rulers. Khartoum denied this, saying the weapons were meant for a joint border force under a bilateral agreement.

 

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