Libyans at odds over post-Gaddafi charter
2013-01-07 12:33
Tripoli - Libyans paid with their lives to end the 42-year
dictatorship of Muammar Gaddafi, but nearly 15 months after he was killed by
rebels they remain at odds over a democratic constitution to replace it.
There is not even consensus on who should draw up the
charter. Some want the 200-member General National Congress elected in July to
appoint a panel to carry out the task. Others want fresh elections to a
constitutional convention.
The GNC came to power with a mandate to appoint a government
and oversee the drawing up of a new constitution, but the mechanics of that
process remain the subject of intense debate.
GNC chief Mohammed Megaryef told civil society groups in
December that the assembly would make its decision after broad consultations
with the public, without setting a time frame for the process.
He recalled that the provisional constitution, as amended
just days before the GNC's election in a bid to head off a federalist boycott,
stipulates that the charter should be drawn up by an elected convention with
equal representation for each of the three historic regions, Tripolitania, the
Fezzan and Cyrenaica.
Abu Baker Bueira, a leading pro-federalism personality, said
his camp wanted a qualified committee to be elected directly by the people in
free and fair elections.
"We don't know how far we'll go but we are against the
notion of selecting those people by appointment," he told AFP.
National dialogue
There are no members of the federalist movement in the
congress because they boycotted the last election, but many Libyans support the
idea of a decentralised system of government.
"Before deciding one way or the other, the assembly
determined that there should be a national dialogue... and whatever the
decision, we hope to do this transparently, taking into consideration the
citizens' opinion" Megaryef said.
The International Crisis Group's senior analyst for Libya,
Claudia Gazzini, said there was wisdom in that approach.
"It is better to take things calmly and consult people
rather than rushing the process and alienating public opinion," she said.
But others say it would be folly for Libya to prolong the
political and legal uncertainty while it is still struggling to rein in the
former rebel militias that are the legacy of the armed uprising that ousted Gaddafi
in October 2011.
"I think they are leaning towards an elected committee
because they don't want to take responsibility for the results," an international
electoral observer based in Tripoli told AFP.
"An elected committee is the least logical - it makes
no economic or political sense - but it seems the most likely," added the
observer, speaking on condition of anonymity.
"By delaying the constitution, you prolong legislative
uncertainty because laws are not based on the constitution. Instead you have
interim laws and that affects everything, the economy, investment."
Key issues
Hassan Lamin, an independent GNC member from the city of
Misrata, insisted that the assembly should bite the bullet and draw up a new
constitution itself as quickly as possible.
"The national assembly is passing laws... and it is
neglecting its priority. There is no excuse for this delay," said Lamin,
adding that he was considering freezing his membership of the assembly in
protest.
Whoever draws up the constitution will have to decide a host
of key issues, including not only the system of government but also the
country's official language or languages, which could include Berber as well as
Arabic, and the status of women and ethnic minorities.
In a country where conservative Muslim values run deep,
there is little doubt that Islam will be a major plank of any new charter, but
its drafters will have to decide just how big.
"There is broad consensus that the new constitution
should draw heavily from Islamic sharia law, but also consensus on the need to
avoid extremism," said the Washington-based National Democratic Institute.
