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The Governing Principles of the Libyan Political Accord.

Pulbished on:
Tripoli, 09.06.2015(Lana) The draft Libyan Political Accord presented by UNSMIL to the parties taking part in dialogue in the Moroccan city of Skhirat included governing principles comprising 30 items. The principles provided for protection of the national and territorial integrity of Libya, as well as its sovereignty, independence and its full control over its international borders, and rejection of any foreign intervention in Libyan internal affairs. - Full commitment to the Constitutional Declaration, and to the political process that is based on the principles of democracy and peaceful transfer of power. - Commitment to the respect of the principle of separation of the three powers, legislature, executive, and judicial. - Commitment to the principles of the 17 February Revolution as included in the preamble of the Constitutional Declaration, and that are based on justice, equality, respect for human rights and the building of the state of law and institutions. - Affirmation of the principle of equality between Libyans in terms of enjoyment of civic and political rights and equal opportunity, and rejection of any discrimination between them for whatever reason. - Commitment to the principle of respect of the judiciary and its independence and ensuring its integrity and impartiality. - Commitment that the House of Representatives is the only legislative authority in the country during the transitional period. - Commitment to authorities and powers granted to the Government of National Accord and State Council, as well as their role in contributing to the legislative process in accordance with this Agreement. - Commitment of the House of Representatives, State Council and Government of National Accord as well as other institutions that stem from this Agreement to upholding the principle of consensus during the performance of its functions and the promotion of cooperation and coordination between them in order to ensure proper conduct of the democratic process as well as integration and balance between all authorities. - Full commitment to the pertinent Security Council resolutions. - Commitment to the formation of a government of national accord that leads theexecutive body and that works towards the implementation of an agreed actionprogramme. - Monopoly by the State over the exclusive right to the legitimate use of force. - Rejection and criminalization of all forms of violence, threat of use of violence, orincitement to use violence to achieve political goals, and the need to apply the law toanyone who incites hatred and violence. - Condemnation of and combatting terrorist acts of all forms, types and funding sources,as well as commitment to the exclusive responsibility of the State for counter-terrorism, provided that it adheres to legal procedures as well as human rights law and international humanitarian law as stipulated in the relevant international agreements, conventions and standards. - The state's monopoly of the establishment of the two institutions of army and security in accordance with the law and in service to the public interest. The Army shall commit itself to the non-prejudice of the constitutional system; officers and non- commissioned officers as well as soldiers shall be prohibited from exercising political action. It shall also be prohibited for any individual, body or group to establish military or para military formations, groups or organizations outside the legitimacy of the state. - Commitment to establish and activate security institutions at the top of which are the army and police that protect the homeland and ensure the safety and security of citizens, as well as support and develop them based on Libyan legislations in force that guarantee transparency, accountability, effectiveness and professionalism, and under the supervision of the civilian authority. - Commitment to the implementation of the decisions of the legislative authority concerning the disbandment of armed formations, rehabilitation of their members and their integration in civilian and military state institutions in keeping with international standards and practices. - Commitment to removing all armed formations from all residential areas. - Safeguarding the rights of cultural components, as they are considered an integral and fundamental component of the Libyan people, within the state of citizenship and the unifying national identity. - Rejection of inciting hatred and spreading accusations of blasphemy, treason,extremism, fundamentalism and defamation as well as all forms of discrimination and contempt; and commitment to the non-use of media outlets, of all types, in committing any of such acts. - Non-permissibility of detention or arrest except according to the law. - Commitment to placing all prisons, detention and holding centres under the effective control of the judicial authority, and implementing Libyan laws that relate to the release of all persons held without charge or trial, and promptly and fairly bring to trial persons required for prosecution. Also, commitment to disclosing the fate of missing persons. - Pursuing and punishing perpetrators of all forms of torture crimes and other forms of mistreatment against those detained, whoever they are. - Activate transitional justice and national reconciliation mechanisms in order to uphold the truth and achieve accountability, reconciliation, reparation and reform of state institution, in line with the Libyan legislations in force and international standards. - Total commitment to addressing the humanitarian situation of the refugees and displaced persons as well as facilitating their voluntary return in dignity and safety to their areas as soon as possible; also pledge providing them with protection and compensation for the damages they sustained, taking into account the financial burdens borne by the Libyan State. - Commitment to work towards combatting human trafficking and illegal migration through the concerted efforts of concerned states and in close cooperation with the international community and neighbouring states, while reaffirming respect for the pertinent rules of international law. - Activation of the decentralised system as a basis for local governance within the framework of the unity of the State. - Commitment to the principles of transparency and anti-corruption, and adherence to international standards in the area of the State's public contracting and in all its internal and external transactions. - Recognition of the importance of the continuing independence and integrity of the economic and oversight sovereign institutions. - Preservation of natural wealth, national resources as well as the state's financial and economic institutions that belong to all Libyans, and investing them for the benefit of the people and future generations. It shall not be permissible to control or dispose of them unless by official state authorities and in accordance with the relevant Libyan legislations in force; and they shall not be made involved in any political conflict. =Lana=