Roadmap for the Preparatory Phase of a Comprehensive Solution
- Country/entity
-
Libya
- Region
-
Middle East and North Africa
- Agreement name
- Roadmap for the Preparatory Phase of a Comprehensive Solution
- Date
- 19 Nov 2020
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Pre-negotiation/process
- Conflict nature
- Government
- Peace process
- Libyan peace process
- Parties
- Not signed, agreement mentions Libyan Political Dialogue Forum as the body reaching agreement.
- Third parties
- Not signed, agreement mentions support of United Nations Support Mission in Libya (UNSMIL)
- Description
- In this agreement, the Libyan Political Dialogue Forum, supported by UNSMIL, sets the plan for the interim (preparatory) governance institutions and defines the institutions and bodies relevant for the electoral process.
- Agreement document
- LY_191120_Roadmap.pdf (opens in new tab) | Download PDF
- Main category
-
Page 2,
Article 2/ Governing Principles of the Roadmap
2. This road map shall emphasize full equality of all citizens, men and women, in rights and responsibilities of citizenship as per the Constitutional Declaration and international conventions ratified by the Libyan State. All authorities shall protect these rights and obligations.
Page 4,
Article 5/ Structure of the Executive Authority during the Preparatory Phase
6. In the formation of the Government of National Unity, competency, merit, and fair representation of the political and geographic diversity shall be taken into account; participation of cultural components shall be guaranteed, and the importance of real representation of women and youth shall also be taken into consideration. The representation of women shall be no less than 30% of leadership positions of the Government (ministers or deputies).
Women, girls and gender
- Participation
- Participation→Gender quotasPage 4,
Article 5/ Structure of the Executive Authority during the Preparatory Phase
6. In the formation of the Government of National Unity, competency, merit, and fair representation of the political and geographic diversity shall be taken into account; participation of cultural components shall be guaranteed, and the importance of real representation of women and youth shall also be taken into consideration. The representation of women shall be no less than 30% of leadership positions of the Government (ministers or deputies). - Equality
- Equality→Equality (general)Page 2,
Article 2/ Governing Principles of the Roadmap
2. This road map shall emphasize full equality of all citizens, men and women, in rights and responsibilities of citizenship as per the Constitutional Declaration and international conventions ratified by the Libyan State. All authorities shall protect these rights and obligations. - Particular groups of women
No specific mention.
- International law
No specific mention.
- New institutions
No specific mention.
- Violence against women
No specific mention.
- Transitional justice
No specific mention.
- Institutional reform
No specific mention.
- Development
No specific mention.
- Implementation
No specific mention.
- Other
No specific mention.
Source agreement
Roadmap
"For the Preparatory Phase of a Comprehensive Solution"
Based on United Nations Security Council Resolution 2510 (2020), which adopts the conclusions
of the Berlin Conference held in January 2020, which in turn calls for the creation of a Presidency
Council and an effective and unified Government of National Unity in order to pave the way for
ending the transitional period through free, transparent and credible presidential and parliamentary
elections;
Building on the Libyan Political Agreement as a general framework for the political solution, and
on the Constitutional Declaration and its amendments;
and based on Article 64 of the Libyan
Political Agreement;
In response to the popular demands expressed in the extensive consultative meetings that involved
multiple segments from Libyan society and various political stakeholders;
Discussions of the Libyan Political Dialogue Forum (LPDF) started in Tunis on 9 November 2020
under the auspices of UNSMIL;
After positive consultations and discussions, the participants of the LPDF agreed to resolve the
current political deadlock by resuming the political process aiming at holding presidential and
parliamentary elections as soon as possible, taking into account the need for serious and adequate
preparation, unification of institutions and provision of basic services to citizens.
This political process shall be called the "Preparatory Phase for a Comprehensive Solution”
and its aspects shall be defined as in the following articles:
Article 1/ Objectives of Roadmap
1. The overarching objective of the Preparatory Phase is to strengthen the political
legitimacy through presidential and parliamentary elections on a constitutional basis.
2. Forming a new executive authority to create the necessary conditions and circumstances
conducive for elections by addressing the following issues:
2.1.Establishing the national sovereignty over the entire Libyan territory and end the
foreign presence;
2.2. Providing security for the citizens and end the state of armed conflicts,
2.3.Unifying state institutions and liberating national sovereign decisions from any
material coercion or moral internal or external influence
2.4.Improving services and economic performance developing the work of state
institutions and the good governance of public resources;
2.5.Enabling local institutions and municipalities to carry out their duties;
2.6.Combating corruption and squandering of public money;
2.7.Protecting and promoting human rights;
2.8.Address the issue of the administrative numbers, according to the Libyan legislation
in force and to international agreements and conventions ratified by the State;
2.9.Launching a comprehensive national reconciliation process based on the principles of
transitional justice and promoting the culture of amnesty and tolerance in parallel
with truth-seeking and reparation.
Article 2/ Governing Principles of the Roadmap
1. This road map shall adhere to the governing principles of the Libyan Political
Agreement;
2. This road map shall emphasize full equality of all citizens, men and women, in rights and
responsibilities of citizenship as per the Constitutional Declaration and international
conventions ratified by the Libyan State.
All authorities shall protect these rights and
obligations.
3. This road map shall emphasize that democratic means ought to be invoked in the
management of political competition;
the rejection to resort to violence;
the acceptance
by all of the principle of peaceful transfer of power, and commitment to the rules of
integrity and transparency in elections, and acknowledge the results of elections.
Article 3 / Timeframe towards General Elections:
1. The "Preparatory Phase for a Comprehensive Solution" shall begin from the
declaration of the outcomes of the Libyan Political Dialogue Forum held in Tunis in
November 2020.
2. The "Preparatory Phase for a Comprehensive Solution" shall end with the holding of
presidential and parliamentary elections - in accordance with the constitutional process -
on 24 December 2021.
3. The LPDF shall follow up on the progress of issues of the Preparatory Phase according to
the specified dates.
Article 4 / Deadlines and rules governing the Roadmap:
Implementation of the Roadmap, the decisions and necessary measures shall be a joint
responsibility of all state institutions and political actors.
Dealing selectively with the texts of
legislation to obstruct progress of the Roadmap shall not be permissible.
The Roadmap for the Preparatory Phase shall be implemented according to the established rules
and schedule.
A. Constitutional and Legal Framework of the Electoral Process:
1. The institutions concerned with the constitutional process shall agree to accomplish the
constitutional arrangements within a period not exceeding 60 days from the beginning of
the Preparatory Phase.
2. The LPDF shall set up a Legal Committee to follow-up on the progress in the constitutional
process.
The LPDF shall define the structure and functions of the Legal Committee.
3. In the event of expiration of the period specified in paragraph 1 of this Article without
achieving the required result, it is for the LPDF to decide on the progress of the
constitutional process and the legislation needed for the achieving the elections
B. Sovereign Institutions and bodies relevant for the Electoral Process:
4. The executive authority shall commit to providing prompt financial support and fulfilling
the necessary logistical and security conditions for the High National Elections
Commission (HNEC) and state institutions concerned with electoral process, to enable
carrying out their duties in the best way possible.
5. The House of Representatives and the High Council of State shall agree on the sovereign
positions provided for in Article 15 of the Libyan Political Agreement within a period not
exceeding 60 days from the start of the Preparatory Phase.
In their agreement, the two
Councils shall respect the complete independence of the judicial authority and its selection
rules in accordance with the legislation in force and international standards for
independence of the judiciary.
C. Commitments and Deadlines
6. All state institutions shall work to fulfil their obligations on schedule.
They shall be held
accountable for their work before the Libyan people, and their work shall be monitored by
the LPDF.
7. In the event that the required decisions cannot be issued within the specified deadlines,
these decisions shall be referred to the LPDF to take action.
8. The LPDF shall meet periodically during the Preparatory Phase.
Its meetings shall be
facilitated and supported by UNSMIL.
9. Should the need arise, the LPDF shall convene upon a proposal of 25 its members or upon
an invitation by UNSMIL.
Article 5/ Structure of the Executive Authority during the Preparatory Phase
1. The executive authority shall consist of the Presidency Council and the Government of
National Unity.
The LPDF shall define their respective prerogatives.
2. The Presidency Council shall consist of a president and two deputies in accordance with the
geographical balance/three regions.
3. The Government of National Unity shall consist of the Prime Minister, two deputies and a
number of ministers.
4. The Presidency Council and Presidency of the Government of National Unity shall be selected
according to a mechanism agreed upon by the LPDF.
5. The LPDF shall determine the decision-making mechanism within the Presidency Council.
6. In the formation of the Government of National Unity, competency, merit, and fair
representation of the political and geographic diversity shall be taken into account;
participation of cultural components shall be guaranteed, and the importance of real
representation of women and youth shall also be taken into consideration.
The representation
of women shall be no less than 30% of leadership positions of the Government (ministers or
deputies).
7. Immediately from the date of granting confidence to the government and without further
actions, the full powers of the executive authority shall transfer to the new Presidency Council
and Government of National Unity, as per the prerogatives defined by the LPDF.
All existing
executive powers shall expire upon granting confidence to the new government
Article 6:
Priorities of the Executive Authority during the Preparatory Phase
1. The executive authority shall complete the administrative, financial and security
procedures necessary for the success of the elections through confidence-building
measures, including rehabilitation and regulating of the media sector in a manner that
preserves the national social fabric and creates general de-escalation.
2. Once there is agreement on the executive bodies, the process of national and social
reconciliation shall be launched to address the impacts of various conflicts ranging from
ending arbitrary arrest , forced disappearance, release of the prisoners of opinion and of
those who have been arbitrarily detained;
;
to work for the voluntary and safe return of
displaced persons inside and outside the country;
and reparations for damages without
prejudice to the right to litigation.
3. The executive authority shall promote human rights, positive cooperation with the judicial
institutions, law enforcement agencies, national and international protection mechanisms
and civil society organizations.
4. All public institutions and facilities shall be harnessed to serve all Libyans.
5. The executive authority shall commit to strengthening local governance and administrative
decentralization through the comprehensive development of relevant Libyan legislation.
6. The executive authority shall ensure the good management of public expenditures, and that
the principles of financial responsibility and transparency are adhered to.
7. The executive authority shall combat corruption and ensure effective cooperation with
oversight bodies.
8. The executive authority shall support the Civil Society Commission to perform its
functions and remove the obstacles and restrictions on the work of civil society institutions
without prejudice to public order.
The executive authority shall also take the necessary
measures to ensure respect for civil and political rights and shall ensure their regulation in
a manner that ensures freedom of expression and political organization and action.
9. The executive authority shall manage the foreign policy of the Libyan state in a manner
that maintains friendly and peaceful relations with regional and international partners in
accordance with the rules of good neighbourliness and mutual interests.
10. During the Preparatory Phase, the executive authority shall not consider any new or
previous agreements or decisions that harm the stability of foreign relations of the Libyan
State or impose long-term obligations on it.
Article 7/ Legal Framework of Roadmap
1. The Roadmap is an essential part and a general framework of the outcomes of the LPDF
and the Preparatory Phase for a comprehensive solution.
2. The outcomes of the LPDF combined shall be considered as one package after completion.
3. The outcomes of the LPDF combined shall be considered an added agreement to the
Libyan Political Agreement signed in 2015 as incorporated in the constitutional
framework.
4. The LPDF shall agree on only the necessary rules that govern the political process during
the Preparatory Phase.
These rules shall be a temporary legal measure.
Its provisions
should not be considered a principle or an established custom.