Do you hear me Libya? ... The subordination of political power to accountability
Do you hear me Libya? ... The subordination of political power to accountability
Years ago, we had many unfulfilled benefits, we have discovered that the problems in the country were caused by the Libyan political circles and not outside it, the problems of difficulties are based on the conflict between the poles of the political conflict.
It was necessary to demand the adoption of the draft referendum law on the permanent constitution of the Libyan state and then fortify the constitutional referendum law, before the start of the upcoming presidential and parliamentary elections.
But, where is the constitutional draft? Where are his texts and constitutional articles? It should have been held accountable by the Libyan politicians who failed to perform their political roles according to the draft constitution that did not come out until this moment on the Libyan political scene?
A power that does not know its constitutional limits, is capable of corrupting what remains in Libya from the rules of the internal political conflict, that puts all the parties in power and are governed by equal constitutional rules under which everyone is committed.
We know well, for those who do not have enough knowledge in constitutional jurisprudence and constitutional disciplines, that is, the constitution of a mechanism to manage the conflict means that determines the rules of practice of the political approach.
We have repeatedly stated that the danger is not to hold hurried and rapid elections at the end of the present time, but the danger lies in the content of the conditions and foundations of constitutional legitimacy, that will subject all parties to the ruling and governed by the Libyan constitutional legitimacy.
We do not agree with some of the national forces, that they demand and call for dialogue between the conflicting poles on the ground without reference to the Libyan constitutional legitimacy, that is, the tribes, political forces and the Libyan armed militias must be involved under a constitutional cover to be protected.
The real consensus and communication to a unified government in Libya is not simply by involving these conflicting forces in political programs, the programs may change according to the mood of the political parties to the conflict, which is now free of constitutional guarantees, duties, and rights.
The Libyan armed forces, we consider it to be the unified shield of the people of Libya, are the one under Libyan military command.
Yes, with the UN requirements by Ghassan Salama, calls for a roadmap consisting of three non-sequential transitional stages, but the Libyan Constitution is of paramount importance, ensuring that none of the parties to the conflict will rebel in the future.
The decisions of the Libyan people are decisions to adopt the constitution, and because they are democratic decisions that everyone agrees with. Constitutional legality is impossible to violate the nature of things.
People are keen to disagree, in the state, political differences don’t disappear, but there is no dispute in the texts and constitutional rules agreed upon by all group of conflicting parties.
One needs a perspective of the elections at the end of this year or the beginning of next year or even in the coming years to follow the successful rules that codify the constitutional process in Libya, and then run through the ballot boxes to manage the state of Libya.
That is to say, the achievement of the UN guarantees of elections, for the sake of urgency and the satisfaction of Ghassan Salama, who insist on the holding of the presidential and parliamentary elections without establishing the permanent constitution.
Acceptance of this situation without the existence of a constitution on which we rely, we may turn back to failure and political impotence, the basis of the constitutional process is subject to the general authority of the constitutional boundaries cannot be overcome.
So that the consensus during the session held by the House of Representatives in the presence of 92 members of the draft referendum law to be voting on constitutional immunity, as a matter of seriousness because of its constitutional importance and political weight in resolving the conflicts between the parties to the conflict.
However, there is no alternative to constitutional legitimacy in the management of conflict, to prevent the conflict itself between the parties to the political conflict, which can work to achieve conflicting economic interests, but we also know that the political action related to the thought of measurement mentioned in the constitutional process.
It is clear that fortifying the electoral law constitutionally is to amend the constitutional declaration and to immunize Article 6; the law itself is not challenged. In general, the constitutional process is characterized by the existence of the constitution itself on the ground, which relates to relations between political objects.
The draft constitution is a historical document and the confidence of the Libyan people in the existing political entity, but the problem lies in the multiplicity of parallel sovereign bodies that have no connection to the experimentation process and the observation and authorization in the government of the National Accord, the Interim Government, the Council of Representatives and the Supreme Council of the Libyan State.
After the adoption of the Constitution in the Libyan by the Libyan people, national forces, the Libyan parties, and tribes are to run and conduct presidential and parliamentary elections.
We achieve a peaceful exchange of power without the dominance, which does not seem that we are able to achieve now in the absence of the Permanent Libyan Constitution.
Those who try to demonstrate that all the benefits are owed to the Libyan people without a permanent constitution in the country are grossly wrong.
Modern states are founded by presidential and legislative elections through a constitution that works to manage the state among its members of society; therefore, it is an absolute necessity in the stability of the Libyan state.
On the other hand, this situation, which is characterized by Libya in the constitutional declaration, the establishment of a political platform to overcome the dominance of one political trend or one element, the political game!!?
Real coexistence, before the elections and compromise on the political conflicts, should not be hegemonic, because it can only be imposed by real democracy and the suppression of tyranny and resistance to violence from the current armed operations in Libya, which now constitutes be a humanitarian disaster.
The coexistence of Libya's political forces, parties, tribes and Libyan armed groups under the constitution avoids conflicts and bloodshed, all of which are not provided by constituencies, but are provided by a constitution that embraces everyone and encourages everyone.
The voting on the constitutional declaration and the adoption of all its articles relating to the structure of the new Libyan political system within the scope of the state of the Libyan Arab Republic provided for in the constitutional declaration, the political authority is on the ballot box. The voters decide who is responsible for the affairs of the Libyan state.
Excessive specialization in political action does not serve the freedom of expression, organization, and access to information, in terms of public participation and political components of the Libyan nation, but it is due to the general political freedoms between the circulations of power.
If the people of Libya have the right to self-determination, they need powers from within and not from outside, when it comes to a government that is capable of putting brakes on the authority from within and not from outside, the three powers stipulated in the constitution are in a position to set the record straight.
There is no doubt that the choice of government by the people is the basis of control and supervision over the government, but our political experience confirms to us the need to put additional hedges enabled by the laws enacted by the legislative authority and the judicial authority to issue constitutional provisions that will determine the way of the mechanism of each other.
Accounting, it is essentially constitutional accountability; all authorities are accountable when that authority exceeds its constitutional limits, this is done in democratic regimes in varying degrees.
The keys to resolving this legal issue are the real power of the Libyan people to hold accountable the three authorities declared in the Constitutional Declaration.
The texts in the Constitutional Declaration do not mean anything in their absence, but they remain locked in books and office desks when the effective instruments governing are not available in the Libyan national institutions.
For the period in which we live, Libya is in the state of confusion between the Constitution of the Libyan State of 1951 that was amended in 1963 and the constitutional declaration, which derives from its articles and other international constitutions, is clear and does not need to be explained.
Current governments in the west of the country and the east of the indisputable will continue to operate as required by this critical stage without a democratic constitution in an attempt to improve the current conditions, they are the best within the available resources in the Libyan political arena.
In general, Libyan politicians today are not obliged to answer the constitutional provisions stated in the Libyan constitutional declaration, which inquires the possibility of implementing the constitutional document and the provisions of the Libyan state related to the rights of the Libyan people, which were not ratified by a general referendum of the Libyan people.
However, on the assumption that the existence of what is alleged to be the transfer of the political authorities to the law and to the authority of public rights and freedoms, if the Libyan State does not confiscate or detract from them, the interpretation is consistent with the global democratic understanding of the concept “FREEDOM”!
By Professor Ramzi Halim Mavrakis
Businessman - Libyan political and economic writer and analyst