What is the legal and constitutional basis of GNU PM #Dabaiba plan for holding elections in June 2022 (before the expiration of the #LPDF Roadmap)?
Let’s have a closer look at this proposal, disclosed on 21/02/22
The proposal creates a committee to prepare a parliamentary elections law, that would be handed to the #HSC, and then to the #HoR for adoption within 2 weeks. Should the process fail, it will be referred to the #LPDF and then issued as a decree by the Presidency Council.
The proposal also stipulates, as a « Plan B », to apply Parliamentary Elections Law 2/2021, Law 4/2012 as a legal basis. It allows for holding electronic vote should any party use force to prevent voting.
At the same time, a referendum on the constitutional proposal of the #CDA, on the basis of the 10th Constitutional Amendment (Nov. 2018) and the existing referendum law (issued as part of the Hurgada agreement between #HoR & #HSC) would be held.
Now, let’s look at the legal basis for this:
1- A vote of the HOR is legally required for passing elections laws. Similarly, setting election dates is the prerogative of the Parliament. However, the executive is legally entitled to refer laws and propose them to the HoR
2- Referring the process to the LPDF is likely to be legally challenged, because it was never constitutionally endorsed by the HoR. For that same reason, a decree by the PC can be challenged by the HoR, since the only legal basis for the PC’s existence is the LPDF roadmap
3 – Electronic voting is currently not allowed in Libya – nor is it immediately possible.
4- The Hurgada agreement was never formally endorsed, and was consultative in nature. Members of both Chambers contested some of the outcomes of the process.
5- Holding a constitutional referendum before elections is the most legal path forward now, as it is planned by Libya’s Constitutional Declaration, Article 30 (7th & 10th Amendments), and because the proposed 12th Amendment was not endorsed by HSC.
6- The Proposal of the GNU & the PC contradicts current efforts led by UNSMIL to find a constitutional « basis » for elections.
However, should that process fail, the UN could activate Article 64 of the #LPA, and re-convene a Political Dialogue to reach consensus.