What is the story behind the President’s Election Law adopted by the HoR on 09-09-2021 and sent to HNEC on the same date?
Commentators and political actors have either welcomed the passing of the presidential election law as a step towards holding #elections on 24 December, or denounced a unilateral adoption that violated the #HoR’s bylaws and the Libyan Political Agreement. Where is the truth?
The #HoR based its discussion on the presidential elections law on Resolution No. 5 of 2014, which plans to elect a president of the state through direct secret ballot, as well as on the declared failure of the #LPDF the reach an agreement on the constitutional basis of elections
A first session was held in #July, followed by a meeting of the #HoR and #HNEC in Rome organized by the #UNSMIL, but which excluded the High State Council, despite UNSMIL’s public call to abide to the #LPA and the Roadmap .
A second session as organized on 3/8/2021 to discuss the draft presidential election law. The session was held in presence of a limited number of Parliamentarians, but on 17/8 the #HoR spokesman announced that an agreement was reached and referred to the LC for finalization
n 9 September, the #HoR Chairman referred the Presidential elections law to the UNSMIL and HNEC. The High Council of State in Tripoli has expressed its objection for not being involved in the drafting, to which the HoR responded that the draft was sent to HSC,
in line with the #LPA and the roadmap, which both stress the need for consultation between the two bodies on any electoral law. However, the exact nature and timing of this « consultation » of HSC was not described.
After the Parliament’s announcement, some members of the HoR said that the process did not respect the HoR bylaws, and that no quorum was met. The Chairman of the HoR technically considers that the HoR quorum is maintained ever since the vote of confidence of the GNU,as this session was never lifted. Nonetheless, legal challenges have already been filed before the administrative courts.
hese procedural challenges are a threat to the #electoral process, as they could be used to challenge the results as well. A parliamentary elections law is also required according to the Roadmap.
No steps have yet been taken to ensure the holding of a constitutional referendum during the transition period. A Constitution is key when electing a president with wide powers, as planned for in the current HoR law.
Spoilers are likely to use this confusion to create alternative narratives that could play a role in further polarizing the country, including through online campaigns.
Astroturfing campaigns that aim to create the false perception of grassroots support or opposition of different positions could be utilised to promote inorganic hashtags or amplify different groups and pages.
so beware of not amplifying any online activity before verifying its origins, you could be unintentionally promoting misinformation or disinformation .