THE LIBYAN POLITICAL AGREEMENT
At this critical juncture in Libya’s history, representatives from throughout the country came together to negotiate this agreement, which represents a unique opportunity to both address the immediate suffering of the Libyan people and build a democratic civil state through national consensus. In doing so they have demonstrated their commitment, as true leaders, to place the Libyan people and Libyan State above narrow self-interests and readiness to take difficult decision for the sake of Libya.
The dialogue’s political track included key players in the Libyan democratization process. The members of the House of Representatives, chosen in a free and fair election that was organized under and recognized by the General National Congress, have a responsibility to respect the democratic rights of the voters and represent their constituencies. The General National Congress managed the transitional process for more than two years, and is still of the view that it retains some role in national politics as a result of its interpretation of legal and political developments. The National Transitional Council led the country through the earliest stages of the transition. Members from all these three legislative bodies made very important contributions to the dialogue process and to the conclusion of this agreement. Other independent stakeholders participated as well. The armed groups, municipal councils, political parties, tribal leaders, and women’s organizations contributed to other elements of the dialogue to promote a genuine and stable reconciliation.
The Libyan Political Agreement that this dialogue produced rests on four main principles: ensuring the democratic rights of the Libyan people, the need for a consensual government based on the principle of the separation of powers, oversight and balance between them, as well as the need to empower state institutions like the Government of National Accord so that they can address the serious challenges ahead, respect for the Libyan judiciary and its independence.
The possibility of accepting the decision of the Supreme Court should not necessarily conflict with ensuring and safeguarding the stability of the political system and the non-occurrence of a political vacuum as per the principle of the continuity of the state based on the practice in many democracies around the world.
The implementation of this agreement in good faith will provide the tools needed to address the challenges of fighting terrorism, reforming and building state institutions, stimulating economic growth, confronting the phenomenon of illegal migration and consolidating the rule of law and human rights throughout the country.
The Libyan people will always owe their revolutionaries a debt for the part they played in the country’s liberation from decades of autocratic rule, or the sacrifices they made in their struggle for a free, democratic state that upholds the rule of law and respect for human rights The time has come to move on to a new stage in Libya’s transition, which offers the revolutionaries an opportunity to be part of a modern, professional, and reformed military under direct government control, or to be reintegrated into civilian life in a manner befitting their sacrifices. This is a time to put an end to the fighting that has crippled the country’s democratic transition and is increasingly threatening its national unity. Working for a better future for Libya should continue through peaceful means.
This agreement is the first step down a long road towards Libya’s recovery and prosperity. Political transitions are always difficult, and replacing authoritarianism with genuine democracy is a tremendous undertaking under the best of circumstances. There are no short-cuts, and it will not be easy. It is, however, a good first step that places Libya on solid ground to face the challenges ahead.
Concurring that the peaceful settlement of the crisis in Libya requires a clear commitment and an unequivocal determination on the part of Libya’s political representatives, with the broad support of all parties, as well as the concerted and sustained efforts of all of the people of Libya, Responding to the needs of the legitimate state institutions to have clear arrangements with regards to the management of Libyan affairs until the adoption and implementation of the Libyan Constitution,
Expressing their commitment to the higher national interest of Libya and to placing it above all other priorities,
Asserting the importance of drafting a permanent constitution for Libya that achieves the ambitions and aspirations of the Libyan people towards building the state of institutions based on the rule of law and respect of human rights,
Affirming their commitment to the democratic track based on respect for the outcome of the electoral process and the principle of peaceful transfer of power,
Expressing their determination to ensure that all Libyans have the opportunity to participate effectively in state-building efforts,
Expressing their resolve to re-establish a stable environment that enjoys peace and security so as to enable state institutions to effectively meet the needs of the Libyan people and maintain their gains,
Expressing their resolve that the legitimate state authorities shall have the exclusive use of force in Libya in a manner that complies with the principle of the rule of law, Libya’s obligations under international human rights law and the rights and liberties of the Libyan people; and that security sector officials are subject to civilian oversight and accountability in accordance with the Libyan legislations in force,
Expressing their condemnation of violations of human rights and international humanitarian law, including the targeting of civilians and civilian institutions; and their commitment to put an end to impunity,
Underscoring the important role of Libyan women in conflict prevention and resolution as well as in peace building, and the importance of their equal contribution to all efforts that aim to resolve the Libyan crisis; also, the need to increase their decision-making role in relation to those efforts and participation in the political process.
Expressing their determination to engage the youth in peace making, promote their role in the political process, and strengthen them so as to confront all forms of terrorism,
Expressing their grave concern over the growing threat posed by terrorist groups against Libya’s sovereignty, national unity, territorial integrity and democratic transition; and their total rejection of extremism and terrorism, in all its forms and manifestations and regardless of its motives,
Looking forward to building a secure and coherent society in which national reconciliation, justice, respect for human rights and freedom of expression prevail,
Expressing their commitment to preserving Libya’s independent institutions and resolve to act in the long term interests of the Libyan people with unified governance structures under a Government of National Accord, whose role is to safeguard Libya’s resources for the benefit of all Libyans, and
Reiterating Libya’s commitment to its international obligations,
The Participants in the Libyan Political Dialogue agree to the following:
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This Agreement as well as its implementation and interpretation shall invoke the following principles:
- Commitment to the protection of the national and territorial integrity of Libya, as well as its sovereignty, independence and its full control over its international borders, and rejection of any foreign intervention in Libyan internal affairs.
- Full commitment to the Constitutional Declaration, and to the political process that is based on the principles of democracy and peaceful transfer of power.
- Commitment to the respect of the principle of separation of the three powers, legislature, executive, and judicial.
- Commitment to the principles of the 17 February Revolution as included in the preamble of the Constitutional Declaration, and that are based on justice, equality, respect for human rights and the building of the state of law and institutions.
- Affirmation of the principle of equality between Libyans in terms of enjoyment of civic and political rights and equal opportunity, and rejection of any discrimination between them for whatever reason.
- Commitment to the principle of respect of the judiciary and its independence and ensuring its integrity and impartiality.
- Commitment that the House of Representatives is the only legislative authority in the country during the transitional period.
- Commitment to authorities and powers granted to the Government of National Accord and State Council, as well as their role in contributing to the legislative process in accordance with this Agreement.
- Commitment of the House of Representatives, State Council and Government of National Accord as well as other institutions that stem from this Agreement to upholding the principle of consensus during the performance of its functions and the promotion of cooperation and coordination between them in order to ensure proper conduct of the democratic process as well as integration and balance between all authorities.
- Full commitment to the pertinent Security Council resolutions.
- Commitment to the formation of a government of national accord that leadstheexecutive body and that works towards the implementation of an agreed actionprogramme.
- Monopoly by the State over the exclusive right to the legitimate use of force.
- Rejection and criminalization of all forms of violence, threat of use of violence,orincitement to use violence to achieve political goals, and the need to apply the law toanyone who incites hatred and violence.
- Condemnation of and combatting terrorist acts of all forms, types and funding sources,as well as commitment to the exclusive responsibility of the State for counter-terrorism, provided that it adheres to legal procedures as well as human rights law and international humanitarian law as stipulated in the relevant international agreements, conventions and standards.
- The state’s monopoly of the establishment of the two institutions of army and security in accordance with the law and in service to the public interest. The Army shall commit itself to the non-prejudice of the constitutional system; officers and non- commissioned officers as well as soldiers shall be prohibited from exercising political action. It shall also be prohibited for any individual, body or group to establish military or para military formations, groups or organizations outside the legitimacy of the state.
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- Commitment to establish and activate security institutions at the top of which are the army and police that protect the homeland and ensure the safety and security of citizens, as well as support and develop them based on Libyan legislations in force that guarantee transparency, accountability, effectiveness and professionalism, and under the supervision of the civilian authority.
- Commitment to the implementation of the decisions of the legislative authority concerning the disbandment of armed formations, rehabilitation of their members and their integration in civilian and military state institutions in keeping with international standards and practices.
- Commitment to removing all armed formations from all residential areas.
- Safeguarding the rights of cultural components, as they are considered an integralandfundamental component of the Libyan people, within the state of citizenship and theunifying national identity.
- Rejection of inciting hatred and spreading accusations of blasphemy, treason,extremism, fundamentalism and defamation as well as all forms of discrimination and contempt; and commitment to the non-use of media outlets, of all types, in committing any of such acts.
- Non-permissibility of detention or arrest except according to the law. Commitment to placing all prisons, detention and holding centres under the effective control of the judicial authority, and implementing Libyan laws that relate to the release of all persons held without charge or trial, and promptly and fairly bring to trial persons required for prosecution. Also, commitment to disclosing the fate of missing persons.
- Pursuing and punishing perpetrators of all forms of torture crimes and other forms of mistreatment against those detained, whoever they are.
- Activate transitional justice and national reconciliation mechanisms in order to uphold the truth and achieve accountability, reconciliation, reparation and reform of state institution, in line with the Libyan legislations in force and international standards.
- Total Commitment to addressing the humanitarian situation of the refugees and displaced persons as well as facilitating their voluntary return in dignity and safety to their areas as soon as possible; also pledge providing them with protection and compensation for the damages they sustained, taking into account the financial burdens borne by the Libyan State.
- Commitment to work towards combatting human trafficking and illegal migration through the concerted efforts of concerned states and in close cooperation with the international community and neighbouring states, while reaffirming respect for the pertinent rules of international law.
- Activation of the decentralized system as a basis for local governance within the framework of the unity of the State.
- Commitment to the principles of transparency and anti-corruption, and adherence to international standards in the area of the State’s public contracting and in all its internal and external transactions.
- Recognition of the importance of the continuing independence and integrity of the economic and oversight sovereign institutions.
- Preservation of natural wealth, national resources as well as the state’s financial and economic institutions that belong to all Libyans, and investing them for the benefit of the people and future generations. It shall not be permissible to control or dispose of them unless by official state authorities and in accordance with the relevant Libyan legislations in force; and they shall not be made involved in any political conflict.
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Government of National Accord
- The formation of the Government of National Accord comes at a time when the country is experiencing exceptional circumstances. It derives its strength from being the culmination of the Libyan political agreement. Its success requires continued support from all parties to enable it to perform its tasks properly.
- The Government of National Accord shall be established on the basis of competency and equal opportunity. It shall be assigned to exercise the tasks of the executive authority. It shall consist of a Council of Ministers chaired by the Prime Minister, and the membership of two Deputy Prime Ministers and a number of ministers. Its main headquarters shall be in the capital, Tripoli and it can perform its functions from any other city.
- A Presidency Council for the Council of Ministers shall be established and chaired by the Prime Minister with the membership of the two Deputy Prime Ministers and two Ministers, one of whom shall be for the Presidency of the Council of Ministers and Legislation Affairs, and the other shall be for Specialized Councils Affairs. Any decision shall require unanimity of the President of the Presidency Council of the Council of Ministers and his two deputies.
- The term of the Government of National Accord shall be one year as of the date of entry into force of this Agreement. In case the formation of the new government pursuant to the Libyan Constitution is not possible during the term of the Government of National Accord, the Libyan Political Dialogue shall meet two weeks prior to the end of the term of the Government of National Accord in a session specifically convened for this purpose to consider the renewal of that term for one additional year only. In all cases, the term of the Government shall end immediately after the formation of the executive authority as per the Libyan Constitution or the expiry of its specified duration, whichever is earlier.
- A vote of no confidence against the Government of National Accord shall require the agreement of two-thirds of the members of the House of Representatives. In this case, the dismissal shall not be valid unless with the agreement of two thirds of the members of the State Council via a decision that shall be issued within a period that does not exceed fifteen (15) days as of the date of the House of Representatives voting.Article (2)
- While taking into account the two principles of competency and non-discrimination, the following conditions as stipulated in the Constitutional Declaration must be fulfilled by whomever is appointed for the membership of the Government of National Accord:
- Must be a Libyan citizen, who enjoys civil and political rights
- Age upon appointment must be no less than thirty (30) years for the PrimeMinister and twenty-five (25) years for ministers.
- Must not hold the nationality of another state
- Must not be married to a non-Libyan woman
- Must submit a declaration that includes his movable and immovable propertiesinside and outside Libya, as well as those of his spouse and minor children.
- The Government of National Accord shall give the necessary consideration to the geographic dimension, cultural components and fair representation of women andyouth when selecting its members.
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- The assigned Prime Minister and his two deputies shall select the ministers based on a unanimous agreement between them and after convening a consultation session with members of the Libyan Political Dialogue specifically for this purpose.
- Annex 1 of this Agreement specifies the names of the Prime Minister as well as his two deputies and members of the Government.Article (3)
The Prime Minister, within a period that does not exceed one month of the adoption of this Agreement, shall submit a full list of the members of the Government of National Accord and its programme to the House of Representatives in order to be endorsed in accordance with the legally stated procedures within a period that does not exceed ten (10) days of its submission to the House of Representatives.
The resignation of the Prime Minister, his death or vacancy of his position for any reason whatsoever shall lead to the resignation of the whole Government. In this case, the outgoing government shall continue functioning as caretaker government until the formation of a new government. The Libyan Political Dialogue shall meet, in addition to five representatives for each of the House of Representatives and the State Council, in a session specifically convened for this purpose within a date no later than ten (10) days of the date on which the post became vacant in order to agree on a replacement for him. This selection shall be endorsed by the House of Representatives.
In case either Deputy Prime Ministers positions becomes vacant for any reason whatsoever, the Libyan Political Dialogue shall meet, in addition to five representatives for each of the House of Representatives and the State Council, in a session specifically convened for this purpose within a date no later than ten (10) days of the date on which the post became vacant in order to agree on a replacement for him. This selection shall be endorsed by the House of Representatives.
The Prime Minister and his two deputies may remove any minister based on their unanimous agreement, provided that the Minister continues in a caretaking capacity until the replacement is presented to the House of Representatives within ten (10) days of the removal to receive the vote of confidence.
The Government of National Accord shall adopt during its first meeting its own decision- making mechanisms with a two-thirds majority of its members.
The Presidency Council of the Council of Ministers, which comprises the Prime Minister, as well as the membership of the two Deputy Prime Ministers and the two Ministers for the Presidency of the Council of Ministers and Legislation Affairs and Specialized Councils Affairs, shall have the following terms of reference:
1. Terms of Reference of the President of the Presidency Council of the Council of Ministers
- Represent the State in its foreign relations.
- Accredit representatives of states and foreign bodies in Libya.
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c. Supervise the work of the Council of Ministers, and guide the Council of Ministers with regards to the performance of its terms of reference as well as preside over its meetings.
d. Issue laws endorsed by the House of Representatives within two weeks of their endorsement.
2. Terms of Reference of the Presidency Council of the Council of Ministers:
- Assume the functions of the Supreme Commander of the Libyan army
- Appointment and removal of the Head of the General Intelligence Service uponthe approval of the House of Representatives.
- Appointment of ambassadors and representatives of Libya in internationalorganizations based on a proposal from the Minister of Foreign Affairs.
- Appointment and removal of senior officials.
- Declaration of states of emergency, war and peace, and adoption of exceptionalmeasures upon the approval of the National Defence and Security Council. The matter shall be presented to the House of Representatives for endorsement within no more than ten (10) days of its issuance.
- Conclude international agreements and conventions provided that they are endorsed by the House of Representatives.Article (9)
The Council of Ministers shall exercise the executive authority and ensure normal functioning of public state institutions and structures according to the following terms of reference:
- Establish and implement the Government programme for the duration of its term, taking into consideration the priorities stated in Annex 2 of this Agreement.
- Propose the necessary draft laws for performing its tasks and submit them to the House of Representatives for endorsement.
- Issue bylaws as well as administrative decisions and directives as required for the implementation of the Government programme in accordance with legislations in force.
- Manage national affairs in the interest of the country, according to laws, bylaws, regulations, and decisions in force,
- Prepare the draft general budget and balance sheet of the State.
- Develop and implement temporary emergency financial arrangements as appropriateupon conducting necessary consultation with the Central Bank of Libya, the Audit Bureau and relevant oversight authorities, according to the provisions of the financial law in force.
- Issue decisions regarding the structure and management of the executive bodies and institutions affiliated with the Government as it deems necessary and appropriate, and after consultation with the relevant authorities,
- Negotiate international conventions and agreements
- Implement the tasks stipulated in this Agreement.Article (10)
The Government of National Accord shall commit itself to submit a draft law upon consultation with the State Council and the National Defence and Security Council. The draft law shall specify the competencies of the Supreme Commander of the Libyan Army as well as the competencies of the leadership levels in the army within a period that does not exceed three months of the date of commencing its functions; it shall be presented to the House of Representatives for its endorsement.
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The Government of National Accord shall commit itself to the formation of a Women Support and Empowerment Unit under the Presidency of the Council of Ministers.
The Legislative Authority
The legislative authority of the State, during the transitional period, shall be undertaken by the House of Representatives, which was elected in June 2014; it shall practice its competencies based on the Constitutional Declaration and its amendment as per this Agreement.
The House of Representatives shall undertake the legislation authority through enacting legislations for the transitional period, granting the vote of confidence or no confidence to the Council of Ministers as per the items of this Agreement, adopting the general budget, performing oversight over the executive authority and endorsing the public policy submitted by the Government.
The submission of draft laws shall be initiated by no less than ten (10) members; and draft laws shall be submitted by the Council of Ministers. The Prime Minister shall undertake the submission of draft laws on endorsing international conventions as well as draft financial laws.
- Governor of the Central BankofLibyaThe Libyan Political Dialogue, in addition to five representatives for each of the House of Representatives and the State Council, shall meet within sixty (60) days of the date on which the Government of National Accord is established, in a session specifically convened to deliberate on the suitable decision for:
- Governor of the Central Bank of Libya
- Head of the Audit Bureau
- Head of the Administrative Oversight Authority
- Head of the Anti-corruption Authority
- Head of the High National Electoral Commission
- The Public Prosecutor.
- The appointment and removal of sovereign positions indicated in the previous paragraph shall require the meeting of the Libyan Political Dialogue in a sessions specifically convened for this purpose in the presence of five representatives for each of the House of Representatives and State Council so as to take the suitable decisions. Such decision shall be endorsed by the House of Representatives.Article (16)
The House of Representatives, after being joined by the boycotting members who wish to do so shall convene a session dedicated to the consideration of the following issues:
- The interim location for the convening of the House of Representatives.
- Review of the rules of procedure of the House of Representatives.
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- Formation of the House of Representatives’ committees.
- Decisions and legislations that were issued by the House of Representatives.
- Development of legislative work in order to promote efficiency and transparency.
Provided that action is taken on such issues no later than 30 June 2015.
United Nations Support Mission in Libya shall facilitate an urgent meeting between the House of Representatives and its boycotting members so as to prepare for the implementation of the previous article.
The term of the House of Representatives, convened as per Article 16 of this Agreement, shall continue until the end of the mandate of the Government of National Accord, or the convening of the first session of the legislative authority as per the Libyan Constitution, whichever is earlier.
The High Council of State
- The State Council shall be the highest consultative body of the State and shall carry out its work independently guided by the Constitutional Declaration and the Libyan legislations in force. It shall have legal personality and financial independence.
- The State Council shall express binding opinion with a qualified majority on draft laws and decisions of a legislative nature, which the Government of National Accord intends to refer to the House of Representatives.
- The State Council shall express advisory opinion and offer necessary proposals to the Government of National Accord in matters relating to concluding of or acceding to international agreements.
- The State Council must reply in writing to any request by the Government of National Accord within fourteen (14) days of the date of receiving it.Article (20)
The State Council shall organize its work based on Annex 3 of this Agreement.
In its first meeting, the State Council shall elect its President, two deputies and a rapporteur, and shall develop its own bylaws. The Council shall hold periodical meetings, the duration between which shall not exceed thirty (30) days.
- The main headquarters of the State Council shall be in the capital, Tripoli.
- The term of the State Council shall end with the end of the term of the GovernmentofNational Accord as per the text of this Agreement.Article (23)
1. The State Council shall consist of one hundred and twenty (120) members. They shall be selected via consultation among the parties participating in the Libyan Political Dialogue, provided that ninety (90) members of them are selected from among the members of the General National Congress, who were elected in July 2012 through an agreed mechanism in Annex 4 of this Agreement. The remaining members of the
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Council shall be selected from personalities, who are respected and trusted by the Libyans, and whose standing in state affairs, civil society, local and tribal community is well recognized. The selection shall take into account geographic dimension, cultural components and the representation of women and youth.
2. In case any of the State Council members’ seats becomes vacant for any reason whatsoever, the Council shall appoint a replacement during any of its subsequent meetings with the agreement of two-thirds of its members.
- The House of Representatives and State Council shall commit themselves, two months before concluding the work of the Constitution Drafting Assembly, by 24 October 2015, to establish a joint committee between them, which task shall be proposing the necessary draft laws for completing the transitional period, on top of which are the laws on referendum and general elections. The Government of National Accord shall submit such laws to the House of Representatives for endorsement.
- The House of Representatives, the State Council and the Government of National Accord shall commit themselves to the promotion of cooperation and coordination between them so as to provide a suitable atmosphere for the conduct of the referendum on the Constitution and the general elections, as well as the peaceful transfer of power.Article (25)
The State Council shall also be competent to examine and propose the necessary policies and recommendations for the following topics:
- Support to the implementation of the Libyan Political Agreement.
- Support to national unity.
- Protection of the core foundations of society.
- Economic and social development projects according to the Government’s programmeand priorities.
- Combatting terrorism, extremism, violence and exclusion.
- Support to national reconciliation efforts and social peace through current mechanisms.
- Voluntary and safe return of refugees and displaced persons.
- The role of media in supporting peace efforts and rejection of the culture of violenceand hatred.
- Support and assist fact-finding commissions and anti-corruption institutionstowardsthe conduct of their duties.Article (26)
- The State Council shall express its opinion in other matters on which the Government of National Accord wants to seek its advice. It may, to that end, prepare the necessary notes, studies and reports, provided that when submitting its proposals it adheres to the standards and limitations that the Government specifies for it.
- In order to fulfil its tasks, the Council may establish specialized committees from among its members, and may utilize the assistance of the competent and experienced Libyan experts.Article (27)
The House of Representatives shall have the right to take the opinion of the State Council in issues that it deems suitable.
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The Prime Minister, his deputies and ministers may attend the sessions of the State Council or one of its committees so as to express opinion in related topics.
Confidence Building Measures
- All parties to this Agreement shall work towards collecting complete information on abductees and missing persons and submit it to the Government of National Accord, which shall commit itself to establish an independent body on missing persons pursuant to the provisions of Law 1 of 2014 within sixty (60) days of commencing the performance of its tasks.
- All parties to the conflict shall, within thirty (30) days of the Government commencing the performance of its tasks, release persons held in their custody without legal basis or hand them over to the judicial authorities, which will determine within the following sixty (60) days whether they should be brought before the judiciary or released on the basis of Libyan legislations in force and international standards.
- All parties shall participate in the provision of effective protection to the competent judicial authorities and enable them to review of all detention or arrest cases and an immediate release of all persons who are held or detained without legal basis.The competent authorities shall take the necessary legal procedures in case of non- compliance with implementation.
- Parties to this Agreement shall commit themselves to ensure that the power to hold detainees and prisoners is exclusive to the competent judicial authorities and in officially recognized facilities as per the Libyan legislations in force.
- Parties to this Agreement shall commit themselves to work towards the implementation of Law 9 of 2013 on Transitional Justice, including the appointment of the Board of the Reconciliation and Fact Finding Commission within ninety (90) days of the entry into force of this Agreement.Article (30)
All parties to this Agreement shall commit themselves to cooperate with the efforts of the Government of National Accord, and the United Nations agencies as well as other relevant authorities to assist refugees and displaced persons in order to return voluntarily and safely as soon as possible to their areas. The Government of National Accord shall establish a committee to oversee this according to a suitable timetable.
- Parties to the conflict shall commit themselves to lift the siege in all besieged cities and areas.
- The Government of National Accord shall provide humanitarian assistance to areas and persons affected by the current conflict, while giving special attention to cities and areas that are most affected by the conflict.
- It shall not be permissible for any party to prevent, obstruct or otherwise interfere with the provision of humanitarian aid by the Government of National Accord, civil society institutions or international organizations.
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- It shall not be permissible for any party to this Agreement to launch or participate in any media campaign that aim to incite or promote any form of violence, hatred, or threat to civil peace and national unity for any reason whatsoever.
- The parties to this Agreement shall support the use of media to promote reconciliation, tolerance and national unity, and to educate the public about this Agreement.Article (33)
- The Government of National Accord shall have full power and control over the borders of the Libyan State, all airports, maritime ports, land crossings and all vital installations in the Libyan State.
- Parties to this Agreement shall affirm the need to track those who commit the crime of using force against the Government of National Accord’s control over any airport, maritime port, land crossing or other vital installation, and the need to arrest and prosecute them so as to receive penalties established by the law.
- All parties to this Agreement shall fully cooperate with measures taken by the Government of National Accord to open airports, maritime ports and land crossings, and to secure air, maritime, and land transportation and navigation. It shall not be permissible to any party to this Agreement to take any action intended to obstruct air, maritime, and land transportation and navigation.
- All parties shall commit themselves to ensure the safety of headquarters and properties that belong to the State and its different institutions and bodies, and to hand them over to it so they become under its full control.Article (34)
All Libyan, males and females, shall have the right to free movement throughout Libya, and the right to travel abroad via any of the airports, maritime ports or land crossings. No action shall be taken with the intention to restrict anyone’s freedom of movement except in accordance with the Libyan legislations in force and based on the orders of the competent judicial authorities.
The Government of National Accord shall continue to support the National Number System project to ensure several financial and administrative purposes, including the fair payment of salaries to Libyans in accordance with the Libyan legislations in force and without any discrimination.
- The Libyan Army is the regular military force that comprise officers, non- commissioned officers and soldiers. It undertakes defending Libya, maintaining national unity and the non-prejudice of the constitutional civil system as well as preserving public order and security when needed.
- The police is a civil regular body with judicial powers, tasked with maintaining peace, public order and public health as well as ensuring security, tranquility and the application of laws and regulations, in addition to combating crime before it takes place and arresting its perpetrators upon its occurrence, and protecting lives, money and properties.
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3. The Government of National Accord shall commit itself to establish and activate the security institutions at the top of which is the army and police, and to support and develop them based on professional and national bases, taking into consideration the importance of recruiting new elements who are able to enhance the capacities of the Libyan army along with the current military units and formations
- The interim security arrangements shall work towards ending the armed conflict in Libya, confronting terrorist threats, and stabilizing security in the country.
- The Government of National Accord shall be responsible for the implementation of the interim security arrangements, through its official bodies including the army, police and security institutions, in coordination with the National Defence and Security Council and with the support of the United Nations and the international community, while respecting the Libyan national sovereignty.
- The interim security arrangements shall comprise:
- Ceasefire arrangements,
- Arrangements for the withdrawal of armed formations from cities, residential areasand critical infrastructure installations.
- Monitoring arrangements for disarmament as well as weapons and ammunitioncantonment across the country within a specific timetable.
- Arrangements for confronting the terrorist threats in the country.
- Monitoring and verification mechanisms with regards to the aforementionedarrangements.
- The Government of National Accord shall undertake the power to take thenecessarymeasures in support of the stabilization of the country, as well as the implementation of the security arrangements in accordance with the agreed measures and timelines attached to this Agreement, in a manner that is consistent with the decisions issued by the legislative authority, or decisions that will be issued in the future in this regard.Article (38)
All interim security arrangements stated in this Agreement shall not restrict the efforts of the Government of National Accord aimed at combatting terrorist organizations that are classified under the relevant Security Council resolutions; such organizations include ISIS – Ansar Al Sharia and Al Qaeda.
- The Government of National Accord, upon taking the opinion of the National Defence and Security Council, shall take the necessary internal legal procedures to classify any Libyan entity as a terrorist group in accordance with international humanitarian law and international human rights law as well as the relevant Security Council resolutions.
- The Government of National Accord, through its different relevant institutions, including the army and police, shall take the necessary steps to combat terrorist threats in Libya that threatens the national security and social peace. This includes the adoption of the necessary plans and strategies as well as their implementation mechanisms in accordance with Libyan legislations, international humanitarian law and international human rights law, as well as international resolutions on anti-terrorism.Article (40)
1. The Government of National Accord shall establish and chair the “Committee for Monitoring the Implementation of the Interim Security Arrangements” as agreed. The
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Committee shall establish sub-committees and other supporting mechanisms as may be required, taking into consideration the representation of local communities, including men and women, in such mechanisms. The Committee shall submit its periodical reports to the Government of National Accord. Until the Committee has been formed, the Security Track of the Libyan Political Dialogue shall determine suitable mechanisms to implement the security arrangements. Annex 5 of this Agreement shall specify the terms of reference of the Committee.
- The Government of National Accord, after consulting the House of Representatives and the State Council, shall have the right to request the necessary assistance for the Committee from the United Nations the international community.
- The tasks of the Committee shall include:
- Supervising the implementation of the ceasefire and the temporary redeployment ofarmed formations according to the agreed arrangements and timelines.
- Investigating reports on ceasefire violation and taking any suitable measures in thisregard.
- Taking the necessary decisions related to the withdrawal of armed formationsformcities, residential areas and vital installations, as well as disarmament and collectionof all weapons and ammunition.
- Facilitating the withdrawal of armed formations to specific assembly areas outsidecities, and monitor these areas to ensure compliance with the ceasefire plan.
- Facilitating the delivery of humanitarian aid.
- Taking the necessary procedures and developing the operational plans for theimplementation of this Agreement.
- Other necessary tasks for the Committee to perform its work.
- The Committee shall develop mechanisms as required to facilitate the participation of community leaders in the implementation of the ceasefire, disengagement, redeployment and disarmament. The Committee shall conduct the necessary consultations with representatives of armed formations when needed.Article (41)
- The comprehensive and permanent ceasefire agreement shall enter into force throughout Libya as of the date of the signing of this Agreement. The parties to the conflict shall commit themselves to immediately cease hostilities and freeze any military movement once the ceasefire enters into force. The Committee shall supervise the disengagement arrangements between the forces according to a written plan and timetable to be agreed within fourteen (14) days of the entry into force of the ceasefire. The Committee shall develop the necessary plans for the implementation of that.
- The ceasefire plan shall include a definition of acts that constitute a violation to the ceasefire and violations reporting mechanism as well as mechanisms for the implementation of the ceasefire plan.Article (42)
- Armed formations shall withdraw from all cities and residential areas, starting from the capital, Tripoli, and redeploy in specific and agreed upon locations at an agreed upon distances outside the cities, based on written plan and timetable to be agreed within thirty (30) days of the entry into force of the ceasefire, provided that the Committee develops the necessary plans for the implementation of that.
- The Government of National Accord shall take the necessary decisions in relation to the formation and deployment of units of the army and police units to maintain security
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and order in areas from which conflicting forces have been vacated, as well as ensure the safety and orderly functioning of the judicial authorities.
- Armed formations shall withdraw from all vital and infrastructure installations, including airports, ports, border crossings, oil installations, power plants, vital water installations, and governmental headquarters, to specific and agreed upon locations. The Government of National Accord shall assume full control over the vital and infrastructure installations according to written plan and timetable to be agreed within thirty (30) days of the entry into force of the ceasefire, provided that the Committee develops the necessary plans for the implementation of that.
- The Government of National Accord shall take the necessary action for the formation and deployment of units of the army and police to protect vital and infrastructure installations.Article (44)
- The Government of National Accord, through the army and security institutions, in accordance with the relevant procedures and laws, and in coordination with armed formations and municipal councils, as well as with the supervision and assistance of the United Nations, shall collect all heavy and medium weapons as well as related ammunition based on written plan and timetable to be agreed within sixty (60) days of the entry into force of the ceasefire. The categories of weapons and ammunition as well as storage areas for ammunition that will be cantoned and the location of cantonment shall be determined and agreed in writing, provided that the Government of National Accord specifies subsequent phases for the cantonment process and the needed timelines for their conclusion.
- The Government of National Accord shall, in coordination with relevant bodies, take the necessary measures to organize possession of light weapons.Article (45)
Until the decision on their disbanding has been implemented and the status of their members has been settled, all armed formations shall commit themselves to the provisions of the Libyan legislations in force, international humanitarian law and the international human rights law, especially with regards to the protection of civilians and the provision of safe passage and freedom of movement for them.
Upon its endorsement, the Government of National Accord shall be the one and only authorized body to import arms and ammunition in accordance with Libya’s international obligations, including the relevant United Nations Security Council resolutions.
The Government of National Accord shall ensure that the authority to detain or arrest persons is strictly limited to statutory law enforcement bodies, and that such authority is exercised in compliance with Libyan legislations in force, international human rights law and international humanitarian law. In all cases, no arrests or searches shall be conducted without the written warrant from a competent judicial body, except in cases of flagrant delicto, in which case the person shall be immediately referred to the competent judicial authority. No armed formation shall be granted the authority to arrest or detain persons, and the necessary legal measures shall be taken to ensure this.
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- The Government of National Accord shall work towards activating all existing laws, decisions and regulations in force and develop the necessary arrangements related to the integration and rehabilitation of members of armed formations according to a suitable timetable. It may submit new draft laws to the House of Representatives as it deems necessary and appropriate for the implementation of this purpose.
- The Government of National Accord shall work according to a specific timetable to account for all armed formations.
- The Government of National Accord shall work towards developing strategies and plans that aim to, integrate and rehabilitate members of the armed formations into civilian and military state institutions, and shall provide them with job opportunities to live in dignity within the Libyan society.
- Members of armed formations shall have the right to join the State’s military institutions whenever they fulfil the conditions and standards necessary for that.Article (49)
The start of implementation of the security arrangements in accordance with the stipulations of this Agreement shall coincide with the formation of the Government of National Accord.
The parties affirm the need to finalize the constitutional process as per its decided timelines.
All parties shall commit themselves to respect the independence and impartiality of the Constitution Drafting Assembly, and the Government of National Accord shall commit itself to undertake all necessary measures to guarantee the security of the Assembly and create a suitable environment that would enable it to work freely, independently, and in a manner that allows it to have unhindered access and communication with all sections of the Libyan society, inside and outside Libya.
The Government of National Accord shall commit itself to provide the necessary financial and logistical support to the Constitution Drafting Assembly, in order to be able to perform its duties in the best possible way and to be able to finalize a permanent constitution that is capable of articulating the ambitions and aspirations of the Libyan people.
All parties call on the Constitution Drafting Assembly to expedite the development and announcement of a roadmap along with a clear timetable for the remaining phases of its work, as well as work towards finding a suitable way for the Amazigh to participate in the work of the Assembly.
The Constitution Drafting Assembly shall commit itself to take the opinion of the House of Representatives, State Council, and the Government of National Accord on the draft constitution upon the completion of the final draft and before it is sent for referendum in a manner that does not prejudice the decided timelines for the conclusion of the constitutional
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process. The remarks of such bodies must be sent in writing to the Assembly within thirty (30) days of them receiving the draft constitution, provided that the Constitution Drafting Assembly is guided by such remarks once it prepares the final draft of the Constitution.
The work of the Constitution Drafting Assembly shall continue until a date no later than 24 December 2015. In case the Assembly is not able to conclude its mission by that date, the Libyan Political Dialogue shall meet, in the presence of five representatives for each of the House of Representatives and State Council and participation of the Presidency Council of the Council of Minister, at a date that does not exceed two weeks of that date to deliberate regarding this matter.
Specialized Institutions and Councils
The Government of National Accord shall establish a supreme council for local administration. It aims at promoting cooperation and coordination between municipal councils and the relevant competent executive authorities. The Council shall also work towards supporting the implementation of confidence building mechanisms stipulated in this Agreement and assisting the efforts of the Government of National Accord to implement the security arrangements.
The Government of National Accord shall establish a reconstruction commission to coordinate reconstruction efforts in areas affected by the conflict after consulting with the State Council on issues that it deems suitable.
Within forty five (45) days of receiving the vote of confidence, the Government of National Accord shall commit itself to submit to the House of Representatives a draft law on the terms of reference and work system of the National Defence and Security Council, while taking into account the creation of mechanisms that allow the Council to communicate with representatives of armed formations in relation to issues that concern them.
The Government of National Accord shall request the Security Council to issue a resolution that endorses this Agreement and supports its implementation, especially in relation to the provision of necessary international assistance to implement the security arrangements.
The Government of National Accord shall work with the United Nations Support Mission in Libya towards the development and adoption of a comprehensive plan for international support to the Libyan state institutions throughout the remainder of the transitional period. The Government of National Accord shall work with UNSMIL towards the coordination of international community efforts during the implementation of this plan through a mechanism adopted by the Government of National Accord, including the establishment of a specialized technical support unit, under thePresidency of the Council of Ministers, for this purpose.
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The Government of National Accord, in cooperation with UNSMIL, the League of Arab States and regional organizations, shall organise as soon as possible an international conference to mobilise and coordinate international support for Libya in all aspects relating to capacity- building and good governance, as well as combatting terrorism, while taking into consideration the previous outcomes of the Paris and Rome conferences on supporting Libya.
- Parties to this Agreement shall commit themselves to give special priority to making the capital, Tripoli, which is the headquarters for the Government of National Accord, a safe place for all Libyans, and activate the concerned state institutions, especially the police service, so as to carry out their tasks fully to maintain security and order as per the law.
- Parties to the Agreement shall commit themselves to give special importance to addressing all aspects of the security situation in the city of Benghazi. The Government of National Accord shall establish a special committee for this purpose, which shall submit its recommendations on means of remedy within a period that does not exceed thirty (30) days of the Government commencing the performance of its tasks.Article (63)
- All parties shall commit to refraining from taking any action or decision that contradicts in any way with the items of this Agreement. They shall also work towards supporting this Agreement by all ways and means possible.
- All parties shall commit themselves to respecting the institutions that stem from this Agreement, including the Government of National Accord and the State Council. They shall pledge to support such institutions and not prejudice their independence or the competencies conferred on them.Article (64)
Parties to the Agreement shall give extreme priority to the need to promote cooperation and coordination between the bodies and institutions that stem from this Agreement to enhance stability, security and national reconciliation until the Constitution has been adopted, while stressing the importance of giving extreme priority to ensuring the functioning of institutions in a manner that achieves public interest. In case any of such bodies or institutions is unable to fulfil its obligations in terms of taking suitable decisions within the timelines specified in this Agreement, the parties shall commit themselves to resort to the Libyan Political Dialogue as a mechanism to resolve potential conflicts.
- The Libyan Political Dialogue shall convene after the adoption of this Agreement so as to implement the tasks intrusted to it as per the items of this Agreement.
- Any party to the Agreement shall have the right to request the convening of an urgent meeting to examine what it deems a severe breach to one of its items.Article (66)
The Government of National Accord shall commit itself to work towards accounting for and returning offshore Libyan funds. It shall utilize the necessary Libyan and international expertise to achieve that end.
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The House of Representatives shall commit itself to amend the Constitutional Declaration in accordance with the stipulations of this Agreement as per the legally stated procedures and based on the proposal submitted by the Libyan Political Dialogue in Annex 6 of this Agreement within a date that does not exceed 15 July 2015.
All parties shall commit themselves to the principles of international legality, international human rights law and international humanitarian law, and to exclude any person, who is under investigation by the International Criminal Court or who is included in the measures specified in SCR 2174, from any official position.
This Agreement shall enter into force once adopted and endorsed in its entirety and signed