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.
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