Libya: Uncertainty abounds around Elections and Federalism – By Jason
Pack and Ronald Bruce St John



June 6, 2012


It is now all but official, Libya’s elections will be delayed. But by
how long nobody knows. The Libyan Election Commission has repeatedly
leaked news about a delay but made it clear that they are still not
ready to announce it officially. Simultaneously, they have
semi-officially promised the public that the delayed elections will
take place before Ramadan begins on July 20th. This game of shadows
and mirrors borders on the surreal, given that the elections’
scheduled date, June 19th, is less than two weeks away.

In early May, there were cryptic tweets from Al-Jazeera’s
correspondent Omar al-Saleh suggesting that the deputy Head of the
Libyan Election Commission, Sghair Majeri had  attempted to resign. In
late May the voter registration drive was completed, and deemed
successful by UN observers. Yet in early June, Western Diplomats
stationed in Tripoli were anonymously stating that the overarching
reason for the imminent delay is that the ballot papers will not be
ready on time. On the other hand, the Election Commission themselves
have attempted to justify the ‘potential’ delay by pointing to the
fact that the finalized list of candidates and parties was just
released on Tuesday, June 5th. This would only allow for two weeks of
campaigning – clearly not enough to allow voters to make informed
decisions.

Many speculate that the real rationale underlying this song and dance
is that if a delay were announced presently, the Election Commission
is not yet sure it would be able to hold the elections by the new
date. While the Egyptians and Tunisians have both managed to hold
their elections on time, the Libyans seem insufficiently prepared even
to be able to delay their elections coherently. In short, true to
form, uncertainty reigns in post-Qaddafi Libya.

But when Libyans do finally go to the polls they should not conflate
their frustration with the National Transitional Council (NTC) or the
Electoral Commission with a perceived need to bifurcate their country
into semi-autonomous provinces, or even worse, boycott the electoral
process – as some supporters of regional autonomy have threatened to
do. Dangerously, the logical leap between upset with the current
central government and calls for weakening the institutions of central
governance is becoming one of the defining features in Libya’s
post-Gadhafi political discourse.

In today’s Libya, local is king.  In late February, Misurata, the
third largest city, held elections for its city council. This council
frequently contests the authority of the NTC inside Misrata. In early
March, notables in Benghazi, Libya’s second largest city and capital
of the eastern region of Cyrenaica, announced plans to establish an
autonomous Cyrenaican government. In mid-May, Benghazi held its own
local elections and some strongly anti-NTC candidates did very well.

Repeated armed clashes in cities like Sebha and Kufra have also led to
calls for decentralization or special regional autonomy arrangements.
These calls for the delegation of overlapping, autonomous, and
ill-defined powers to local and regional councils – dubbed
“federalism” in Libyan political discourse – bear little resemblance
to arrangements found in Switzerland, India, or the United States.

Poorly informed commentators warn that the country is poised to
fracture along tribal and regional lines, often suggesting
decentralization is the solution to Libya’s problems. They forget that
the United Kingdom of Libya emerged at independence in 1951 as a
federal state. For the next 12 years, four governments sitting in two
national and three provincial capitals ruled Libya. Liaison between
them was poor, often resulting in conflicting policies and a
duplication of services. With the rapid construction of a modern
infrastructure after the discovery of oil in 1959, the deficiencies of
a federal system became increasingly obvious. In 1963, the King
changed Libya into a unitary state. By that time, the number of
government employees had mushroomed to 12 percent of the labor force,
the highest then in the world.

In the short term, a decentralized government, with the Oil Ministry
in Benghazi, the Culture Ministry in Zintan, and so forth, would be
popular with powerful regional constituencies (and their militias). In
the long run, it would result in bloated bureaucracies and
dysfunctional governance. The talk of creating 50 local councils and
administrative offices, each with its own budget, would add to the
confusion and waste. More dangerous still, is the concept of convening
the constitutional convention along the lines of the 1951 precedent.
Bewilderingly, this principle was enshrined in a late March amendment
to the draft NTC constitution – seemingly as a gesture of appeasement
to the Cyrenaican federalists. It entails that the 200 person elected
National Assembly select 20 unelected members from each of
Tripolitania, Fezzan, and Cyrenaica to draft the constitution.  This
method would give far more weight to Fezzan and Cyrenaica than is
their due demographically and would severely short change
Tripolitania. In 1951, this method was imposed by Britain via their
accomplice the UN High Commissioner, Adrian Pelt, to secure Western
interests in Libya. In 2012, it could serve to tip the scales in
favour of counter-productive federalism.

Instead of returning to past practice, Libya should move forward and
seize the opportunity to diversify its economy and strengthen its
institutions.   The Libyan people are intelligent, hard-working,
entrepreneurial, and capable of the highest ethical standards.
Unfortunately, the Gadhafi regime did not promote and reward these
virtues. Advancement in his command economy more often depended on
family, clan, and tribal ties or other forms of nepotism and cronyism.
The new Libya requires the rapid creation of nation-wide institutions
and the development of the human resources necessary to improve
productivity, and guarantee competitiveness in the global economy.
History suggests these goals are incompatible with excessive
decentralization and overlapping jurisdictions.

The proponents of federalism want to decide taxes and budgets at the
municipal and provincial levels – a sure recipe for gridlock. One of
the few positive legacies of Gadhafi’s rule was his construction of
extensive oil and water pipelines that linked the provinces together.
The bulk of Libya’s oil is extracted in Cyrenaica and brought via
pipelines to the Sirte Basin, and the majority of Libya’s groundwater
comes from aquifers in southern Cyrenaica but is consumed in the
populous areas of Western Tripolitania. A return to a federal model
would endanger these gains, unleashing competition between the
provinces over these strategic resources.  It would also weaken the
central government, making it difficult to improve security and secure
the nation’s borders.

The myriad shortcomings of the interim government point to an
alternative: the careful delegation of limited powers to the local
bodies formed during the uprising, linking them to the central
government.  Misratans and Benghazians should run municipal affairs
through their new democratically-elected local councils – but only as
representatives of the central government, not as their own fiefdoms.
In post-Gadhafi Libya, local and regional bodies must have a say, but
federalism is not the best way to give them that voice.

Jason Pack researches Libyan history at Cambridge University and is
President of Libya-Analysis.com. Ronald Bruce St John is the author of
several books on Libya, including Libya: From Colony to Revolution
(2012) and Libya: Continuity and Change (2011).

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