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A legal exit to the crisis of the unity government 

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By: Azza Maghur*

The objection of the General National Congress, GNC, and the House of Representatives, HoR, to the formation of the national

Azza Maghur
Azza Maghur

accord government is obvious. The formation was announced by the United Nations representative to Libya, Bernardino Leon, on 8th of October 2015.

The objection was clear in the GNC chief’s message on 15th October. Also the HoR wasn’t definitive about accepting the agreement or the government and delayed the announcement of its stance to October 19th. This indicates to dissatisfaction with the formation of the government.

Going back to the agreement’s articles; the fifth paragraph of the first article dictates that; “the HoR doesn’t consider requests of withdrawing the confidence from government unless accompanied with a request signed by 50 of its members. In this case, the HoR deliberates with State Council to reach consensus before resuming measurements to withdraw confidence. State Council must express its opinion within 14 days. Withdrawal of confidence form the government requires 120 accepting votes in the HoR”.

The fourth paragraph of the first article also states that, the term of the national accord government is one year starts when it gains the HoR’s confidence and it extends another year automatically, incase the constitution wasn’t issued yet.

As many say today, after a year of tugs under the name of the Libyan talks, that talks should be only Libyan. The article mentioned above, about the government, proves that the talks in essence are Libyan-Libyan talks. Leon’s suggestion about the government is flexible and can be adjusted in 3 ways:

Firstly, withdrawing confidence from the government, according to what mentioned above.

Second, Term ending after a year or two at most.

Thirdly, amending the constitution and articles of the agreement, this will be a part of the constitution, according to the fourth annex of the agreement.

12th article of the conclusion rules section state that; “in case a modification to the constitutional declaration relating to the agreement or emanating institutions, the HoR and state council must agree upon the wording of this amendment to be adopted permanently, without changes, and according to the HoR mechanism mentioned in the constitutional declaration”

Accordingly, with consensus reached by dialogue, changes can be made to the formation of the national accord government through the mechanism explained in the political agreement.

Thus, we believe that addressing difficult issues that from a stumbling block to the adoption of this agreement or its implementation, must be through dialogue and its mechanisms in order to reach a consensus not to adopt easy solutions or extremist with its dire consequences.

*A Libyan lawyer and writer

Translated By LIBYAPROSPECT: Source