Consultation Meeting for the Libyan Political Dialogue (Hammamet Agreement)

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Consultation Meeting for the Libyan Political Dialogue (Hammamet Agreement)
Date: 24 Jan 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Libyan Conflicts (1969 - 1994) (2011 - )
Agreements relate to two distinct conflict dyads.
Libya-Chad. Since the 1970s, Libya under Colonel Muammar Gaddafi had a tense relationship with its neighbour Chad, predominantly focused on the resource-rich Aouzou Strip in northern Chad. Libyan claims of the Aouzou Strip were held in an un-ratified treaty between France and Italy in 1935, similarly Chadian claims of the Strip were argued with support of a 1955 treaty between Libya and France. In 1973, Libya effectively annexed the Strip to gain access to natural resources. This spurred cross-border clashes between 1979 until 1987 until escalated to a brief war known as the Toyota War, wherein Chadian government troops succeeded in repelling Libyan forces. A brief and repeatedly violated ceasefire was held from 1987-88, followed by a series of unsuccessful negotiations, until an International Court of Justice ruling in 1994, which granted sovereignty of the Strip to Chad.

Libya post-Gaddafi. Gaddafi’s downfall following the Libyan Civil War in 2011-2012, led to several factions fighting for the country’s leadership. Since 2013, the country effectively split into three entities, with the National Army controlling the east including the city of Benghazi, and the New General National Congress and their militias such as the Golden Dawn controlling the northwest including the capital of Tripoli. Significant portions of the country in the south-west are currently held by Tuareg forces. The civil war and chaos continued into 2014 as the General National Congress refused to disband after the expiry of its mandate, resulting in eruption of mass protests. The UN efforts continue to broker peace between the Libyan Army and the Libya Dawn factions, and a partial ceasefire was declared in January 2015. A new interim-government (Tunisia-based) called ‘Government of National Accord’ is formed with the backing of UN despite the refusal of the other forces to recognise its authority and arrived to Tripoli with the UN in 2016. A state of emergency was declared by the UN backed government amid clashed between rival militia in Tripoli’s southern suburbs. Since April 2019 there has been sustained fighting between the Libyan National Army and the UN-backed government in Tripoli as the Libyan National Army aims to seize Tripoli.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Libyan peace process
Parties: 1. Salam Musa Madi
2. Balqasim Muhammad Qazit
3. Muhammad Said Am’azib
4. Sha’ban Ali Abusitta
5. Saleh Muhammad al-Makhzum
6. Mustafa Abushaqur Ghayth
7. Al-Sharif al-Wafi Muhammad
8. Fati Ali Bashagha
9. Ahmed Abdrabbu al-‘Abar
10. Abdalmoneim Farag al-Fiqih
11. Tawafiq Abrik al-Shahibi
12. Fayrouz Abdelrahim al-Na’as
13. Nuri Khalifah al-‘Abaar
14. Jam’ah Kusa ‘Adel
15. Muhammed Hassan Suwan
16. Hafez Abdelhamid Qadur
17. Muhammad Ali Abdallah
18. Jama’ah Abdallah al-Qumati
19. Jamal Muhammad ‘Ashur
Third parties: -
Description: Six point agreement identifying the issues to implementing the Libyan Political Agreement of 17/12/15. These issues include: the structure of the Presidential Council, who will be president of the Government of National Accord; the post of the Supreme commander of the Army; the implementation of Art. 16-17 of the LPA by the House of Representatives; broadening the membership of the State Council; ending the formulation of the draft constitution.

Agreement document: LY_170124_Hamammat Agreement_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_170124_Hamammat Agreement_AR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1, First: Restructuring of the presidential council of three members, who assume the presidential competences stipulated in the political agreement, provided that the decisions are made between them by consensus.

Page 1, Second: The President of the National Reconciliation Government will be chosen from among the non-members of the Presidential Council to assume executive competencies with his ministers

Page 1, Third: The post of supreme commander of the Libyan army shall be installed and a council composed of (the Speaker of the House of Representatives, the President of the Supreme Council of the State and a member of the Presidential Council to be named by the Presidential Council) shall be appointed in their capacity. The decision shall be taken by consensus.

Page 1, Fifth: Broaden the membership of the Supreme State Council according to the 7/7/2012 elections taking into account the equitable representation of all constituencies.
Elections: Page 1, Fourth: Application of the mechanism stipulated in the law for electing the House of Representatives on membership, after the House of Representatives commits to apply articles 16-17 of the Political Agreement.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, Sixth: In order to complete the constitutional process, we emphasize the need to activate Article 52 of the political agreement on the end of the term of work of the founding body to draft a draft constitution, within a month of signing these amendments.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 1, Second: The President of the National Reconciliation Government will be chosen from among the non-members of the Presidential Council to assume executive competencies with his ministers
Power sharing→Political power sharing→Executive coalition
State level
Page 1, First: Restructuring of the presidential council of three members, who assume the presidential competences stipulated in the political agreement, provided that the decisions are made between them by consensus.

Page 1, Second: The President of the National Reconciliation Government will be chosen from among the non-members of the Presidential Council to assume executive competencies with his ministers
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1, Fifth: Broaden the membership of the Supreme State Council according to the 7/7/2012 elections taking into account the equitable representation of all constituencies.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 1,
First: Restructuring of the presidential district of three members, who assume the presidential competences stipulated in the political agreement, provided that the decisions are made between them by consensus.

Page 1,
Third: The post of supreme commander of the Libyan army shall be installed and a council composed of (the Speaker of the House of Representatives, the President of the Supreme Council of the State and a member of the Presidential Council to be named by the Presidential Council) shall be appointed in their capacity. The decision shall be taken by consensus.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Joint command structures
Page 1, Third: The post of supreme commander of the Libyan army shall be installed and a council composed of (the Speaker of the House of Representatives, the President of the Supreme Council of the State and a member of the Presidential Council to be named by the Presidential Council) shall be appointed in their capacity. The decision shall be taken by consensus.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, In order to achieve the implementation of what has been agreed upon in these amendments as a single package, it is necessary to ensure that the constitutional declaration and the granting of confidence to the government be amended before signing these amendments from the parties to the Libyan political dialogue.
Related cases: No specific mention.
Source: Al Wasat.ly: http://alwasat.ly/news/libya/122738

Consultation Meeting for the Libyan Political Dialogue (Hamammet Agreement)

24 January 2017

The Libyan political agreement … Reached through various dialogues to achieve that which is hoped-for among the Libyan parties.

It is the state of division taking place in the country that threatens its security, stability and sovereignty.

Based on our conviction that the Political Agreement signed on 17/12/2015 still represents the political framework available to resolve the Libyan crisis, without ignoring some of the details, which have become problematic issues [that] excite controversy between the parties.

These invited us to discuss and put forward with courage, transparency and national responsibility.

Through the bundle of consensus dealing with the bottlenecks facing the implementation of the Political Agreement, it is necessary for the Libyan political dialogue team to reconsider and think about this crisis from all angles and the possible distance and full readiness for the breakthrough on all visions and sensitive treatments.

In response to this … the members of the Political Dialogue parties initiated a continuity to hold a consultative meeting, the first one held in Ghadames in 18/01/2017 during which paths were researched to address obstacles [to] implementing the Political Agreement.

Completed … in this meeting it was agreed to hold a consultative meeting in Tunis during the period from 22-24 January 2017.

We identified during it, the most important factors hindering the Political Agreement and proposed treatments to them.

The signatories agreed on the following:

First:

Restructuring of the presidential council of three members, who assume the presidential competences stipulated in the political agreement, provided that the decisions are made between them by consensus.

Second:

The President of the National Reconciliation Government will be chosen from among the non-members of the Presidential Council to assume executive competencies with his ministers

Third:

The post of supreme commander of the Libyan army shall be installed and a council composed of (the Speaker of the House of Representatives, the President of the Supreme Council of the State and a member of the Presidential Council to be named by the Presidential Council) shall be appointed in their capacity.

The decision shall be taken by consensus.

Forth:

Application of the mechanism stipulated in the law for electing the House of Representatives on membership, after the House of Representatives commits to apply articles 16-17 of the Political Agreement.

Fifth:

Broaden the membership of the Supreme State Council according to the 7/7/2012 elections taking into account the equitable representation of all constituencies.

Sixth:

In order to complete the constitutional process, we emphasize the need to activate Article 52 of the political agreement on the end of the term of work of the founding body to draft a draft constitution, within a month of signing these amendments.

In order to achieve the implementation of what has been agreed upon in these amendments as a single package, it is necessary to ensure that the constitutional declaration and the granting of confidence to the government be amended before signing these amendments from the parties to the Libyan political dialogue.

Issued in Tunis on 24/01/2017

1. Salam Musa Madi

2. Balqasim Muhammad Qazit

3. Muhammad Said Am’azib

4. Sha’ban Ali Abusitta

5. Saleh Muhammad al-Makhzum

6. Mustafa Abushaqur Ghayth

7. Al-Sharif al-Wafi Muhammad

8. Fati Ali Bashagha

9. Ahmed Abdrabbu al-‘Abar

10. Abdalmoneim Farag al-Fiqih

11. Tawafiq Abrik al-Shahibi

12. Fayrouz Abdelrahim al-Na’as

13. Nuri Khalifah al-‘Abaar

14. Jam’ah Kusa ‘Adel

15. Muhammed Hassan Suwan

16. Hafez Abdelhamid Qadur

17. Muhammad Ali Abdallah

18. Jama’ah Abdallah al-Qumati

19. Jamal Muhammad ‘Ashur