By: Idris Tayeb Lamin*
There should be a quite discussion about the formation of the
advisory State Council, as one of three institutions of the State structure in the recent transitional phase. Therefore, we have to depend on analyzing the Political Agreement, which is the only reference we have.
The first article, with its two paragraphs 1 and 2 from the third annex, clearly specifies the configuration of the State Council, and as noted in the mentioned article, it didn’t say that the General National Congress (GNC) is the one to form it.
It is known that the GNC wasn’t mentioned at all across the political accord, the first article from annex six named “basic rules for the work of the State Council,” says: The State Council consists of 145 members, chosen via the GNC general elections of 7 July 2012 like follows:
1- 134 members, GNC valid members, and the GNC should provide a list of their names.
2- 11 members to be added, based on the GNC elections list dated 7 July 2012; the GNC should address the Electoral Supreme National Commission, bearing in mind fair representation for electoral constituencies.
Analyzing, preliminary, the article shows us some points:
First: The GNC is the body that provides the needed lists to other entities to the United Nations mission, which is brokering the dialogue and entrusted to take the required procedures to conclude the composition of this council.
Thereby the GNC is not even required to convene, because the State Council, despite composed of the GNC former members, not under the auspices of the GNC nor works with its measures.
Second: It is clear that there is a body will benefit from the lists provided by the GNC, which is its only task, to arrange and coordinate measures and hold preliminary conventions, after inviting the specified members.
This step is to reach announcing the formation of the State Council that will hold the first session after 10 days from modifying the Constitutional Declaration.
Third: The article hadn’t referred to the necessity of the GNC convention, not mentioning the right to modify the Constitutional Declaration.
Based on that, all steps taken by the GNC in Tripoli, or then in Benghazi, are nothing but attempt to revive the GNC, without any required need for the configuration of the State Council.
That would be under a delusion that this council is born from its lists and procedures while the article clearly says that the State Council emerges from the Political Agreement that mediated by the United Nations. And from former GNC members, not entity, which is the only relation links between the State Council and the GNC.
Therefore, what is required from the GNC members, who signed the political accord, is to perform their specified task, no less and no more, and provide the needed lists for the United Nations mission, which will, in turn, coordinate with the dialogue body to form that new entity.
All measures taken in Tripoli, or will be taken in Benghazi, will be in violation to the clear indicated political deal. Such procedures, in general, will not benefit the GNC, but will further complicate the matter and severely violate the political deal, and might encourage others to follow the same steps and eventually lead to the collapse of the deal and return to infighting.
*A Libyan Writer and Diplomat
Translated By LIBYAPROSPECT: Source