Libya: Briefing and Consultations
On Monday morning (18 December), the Security Council will hold an open briefing, followed by closed consultations, on the situation in Libya. Special Representative and head of the UN Support Mission in Libya (UNSMIL) Abdoulaye Bathily will brief on the latest political, security, and humanitarian developments in the country.
Bathily is expected to update Council members on the political impasse in Libya, which continues between the UN-recognised Government of National Unity (GNU), based in Tripoli and led by Prime Minister Abdul Hamid Mohammed Dbeibah, and the eastern-based Government of National Stability (GNS), led by Prime Minister Osama Hamad and aligned with the House of Representatives (HoR) and the self-styled Libyan National Army (LNA) under the command of General Khalifa Haftar. The stalemate between the rival governments has persisted since the indefinite postponement of the Libyan national elections that were planned for December 2021.
The Secretary-General’s latest report on UNSMIL, which was issued on 7 December and covers developments since 8 August, notes that the mission has continued to support the work of the “joint 6+6 committee” established by the HoR and the GNU-aligned High State Council (HSC) to draft electoral laws, with the aim of enabling elections to unify the country’s divided government. Following the committee’s completion of an initial draft of the electoral laws in June, Bathily encouraged the committee to address shortcomings in the draft based on feedback provided by UNSMIL and Libya’s High National Elections Commission (HNEC).
On 29 September, the committee submitted an amended version of the draft legislation to the HoR, which approved it on 2 October. On 4 October, however, the HSC rejected the revised legislation, instead endorsing the 6+6 committee’s previous version, as drafted in June. The HSC also withdrew its members from the committee, reportedly contesting some of the changes made, such as a provision to allow military officers to stand for election—an amendment that would apparently allow Haftar to run.
Nonetheless, on 5 October, the HoR officially issued the revised legislation as binding laws and tasked the HNEC with their implementation. On the same day, the HSC sent separate letters to UNSMIL, the HoR, and the HNEC, stating that the issuance of the revised electoral laws without the HSC’s approval was unconstitutional. The letters also called on the HNEC to refrain from implementing the electoral laws issued by the HoR.
On 9 October, the HNEC confirmed receipt of the laws, affirmed its technical preparedness to begin the electoral process, and called for a wider political commitment to ensure its successful completion. According to the Secretary-General’s report, during a meeting held on 10 October, the Chairperson of the HNEC informed Bathily that the commission would not begin to implement the electoral process until the outstanding political issues had been resolved. Similarly, in a 12 October statement, UNSMIL said that it had completed a “technical review” of the amended legislation, which it described as a “working basis” for holding elections, while finding that it still contained “[c]ontentious issues that need to be addressed and resolved through a political settlement”. The controversial provisions UNSMIL highlighted in the statement include:
- mandating a second round of presidential elections even if one candidate receives a majority of votes in the first round;
- making the holding of parliamentary elections contingent on the success of the presidential elections; and
- establishing a unified interim government to organise elections.
Since then, Bathily has continued to consult with national actors. In a 23 November statement, UNSMIL announced that Bathily had invited key Libyan institutional stakeholders to a meeting to reach a settlement on the politically contested electoral issues. To this end, the statement said that Bathily had requested the HoR, HSC, LNA, and the Presidential Council to designate representatives to attend a preparatory meeting to discuss the date, venue, and agenda of the meeting of their principals. On 27 November, however, the HoR issued a statement expressing its disappointment that the GNS—which the UN does not officially recognise—had not been invited to the meeting and reportedly reiterating its “rejection of any political dialogue or agreement failing to respect the Libyan will and elected institutions”. Bathily may provide an update on preparations for the potential meeting, which are not described in the Secretary-General’s report.
At Monday’s briefing, Bathily is also expected to update the Council on recovery and reconstruction efforts following Storm Daniel, which hit eastern Libya on 10 September, causing massive flooding and catastrophic damage in the city of Derna. According to the Secretary-General’s report, which cites the latest available numbers from the World Health Organization (WHO), the storm caused at least 4,255 deaths, with an additional 8,540 people still missing and more than 43,000 displaced. In total, OCHA estimates that 250,000 people have been affected by the storm. As at 17 October, the agency’s flash appeal for Libya—which calls for $71.4 million to support priorities such as water and sanitation, mental health and psychosocial services, and non-food items and education—was funded at 43 percent.
As outlined in his 2 October statement, Bathily may reiterate his concern about parallel initiatives by Libyan actors in the east and west vying for control over the management of reconstruction funds, and call again for a “unified national mechanism” to coordinate humanitarian efforts. The Council echoed this call in resolution 2702 of 30 October, which most recently renewed UNSMIL’s mandate, underscoring the need for “the reconstruction to be managed and distributed transparently, with effective oversight and accountability to the Libyan people”. The Secretary-General’s report also reiterates this call.
Libya’s security situation is another expected topic at Monday’s briefing. No violations of the 2020 ceasefire agreement were recorded during the reporting period, but the overall security situation remained fragile. Armed clashes were reported in densely populated areas of Tripoli, Benghazi, and the western city of Gharyan, “exposing the continued fragmentation of security actors and the absence of command and control”, according to the Secretary-General’s report. In addition, hostilities escalated between the Chadian National Army and Chadian opposition armed groups operating along Libya’s southwestern border. The LNA reportedly carried out airstrikes against Chadian opposition groups in the region.
The Secretary-General’s report underscores the “importance for the international community to speak in unison, including within the Security Council, to demonstrate unequivocal support for the Libyan people’s aspirations for sustainable peace and development”. At Monday’s briefing, Council members may reiterate their call on Libyan actors to engage in good faith negotiations to finally achieve consensus on outstanding political issues blocking implementation of the electoral legislation, noting that the rival governments had originally expressed their intention to finalise legislation in time to hold elections by the end of the year. In this context, some members may welcome Bathily’s proposed meeting of institutional stakeholders and urge them to participate productively in these discussions.
