His Excellency Mr. Ján Kubiš,
Special Envoy of the United Nations Secretary-General and Head of the United Nations Support Mission to Libya (UNSMIL)
Further to our best greetings,
We commend and appreciate the efforts of Your Excellency’s esteemed Mission to Libya for its exerted efforts towards holding direct Presidential and Parliamentary Elections on their scheduled date on December 24, 2021.
We also thank Your Excellency for your support for the elected Libyan Parliament, and for publicly emphasizing in your statements and briefings that the issuance of the constitutional rule and election laws is a genuine right of the House of Representatives, and that the outcomes of the meetings of the unelected Committee of 75 must return to the House of Representatives to gain its legitimacy based on the electoral legitimacy of the House of Representatives.
In this context, we appeal to the House of Representatives, on its part, to urgently assume its responsibilities and issue the constitutional rule and election laws on the specified date according to the Roadmap.
We also draw the attention of the Committee of 75 and the Legal Committee emanating from it not to delve into constitutional and foundational affairs or try to convert their advisory drafts into an alternative Constitutional Declaration, because they are a selected, unelected Committee.
We believe that the constitutional rule necessary for holding the elections already exists in the decisions of the February Commission, which were included in the Seventh Constitutional Amendment, in addition to the relevant decisions and laws issued by the House of Representatives, especially Resolution No. (5) of 2014 which is still en force, valid and binding to hold direct Presidential elections.
We also thank your esteemed Mission and the international community for your firmness regarding all those who try to obstruct, sabotage, or countermand the results of the Libyan national elections.
While we commend the outcomes of the Berlin Conferences (I) and (II) on Libya, and the relevant Security Council Resolutions, we recall, in particular, Paragraph No. (30) of the Berlin Conference (I) conclusions, which states: “We call on the UN Security Council, the African Union, the League of Arab States and the European Union to act against Libyan spoilers of the political process, in line with relevant UNSC decisions,” and Paragraph No. (23) of the Berlin Conference (II) conclusions, which call, among other items, for the full compliance of all actors with UNSC sanctions against those who obstruct or undermine the successful completion of the elections, in addition to what has been stipulated regarding the obstructionists of the political process in Resolution No. (2510) issued by the UN Security Council.
We call on your esteemed Mission to address the UN Security Council, the African Union, the League of Arab States and the European Union to urgently activate those provisions for obstructionists, to be a deterrent to anyone who seeks to obstruct or sabotage the Libyan national elections, or to overturn their results.
Unfortunately, several Libyan public figures have issued extremely dangerous statements that, according to the criteria of what have been posted, require the application of rigorous international sanctions against them, due to their inflammatory nature and incitement to obstruct or sabotage the elections, or violently countermand their results.
Among those statements are:
(1)- Mr. Abdulrahman Al-Sweihli , in a televised programme on June 12, 2021, in which he publicly stated that the election results should be rejected if they came with certain personalities.
(2)- Mr. Khaled al-Mishri, in statements on Clubhouse posted in media outlets on June 25, 2021, stated that force should be used to reject the election results if they came with certain personalities.
(3)- Mr. Noaman Bin Othman, made statements inciting violence and the rejection and sabotage of the elections in Suleiman and Noaman talk show, aired by Libya Al-Ahrar TV. Bin Othman made the inflammatory statements in the said TV programme in which he participates with the Channel’s director, Mr. Suleiman Dogha.
We, hereby, call on Your Excellency, to expediently sanction all obstructionists, while monitoring all new statements and actions that would obstruct and sabotage the upcoming elections through a list of obstructionists that is constantly updated.
We extend our deep thanks and appreciation to Your Excellency for your cooperation and support for the Libyan people in achieving their inherent right to choose their leadership and representatives, through direct Presidential and Parliamentary elections that are fair, transparent and monitored nationally, regionally and internationally.
Civil Democratic Party
Ihya Libya Movement