a statement on the work and recommendations of the roundtable entitled: “The National Dialogue in Libya in Light of the Current Developments”

21 December 2015 – Tunisia

Organized by the Democratic Transition and Human Rights Support Center (DAAM), the Defenders Network for Human Rights (DNHR) in partnership with the Friedrich Naumann Foundation for Liberty (FNF), a roundtable on “The National Dialogue in Libya in Light of the Current Developments” was held on Saturday 19 December 2015 in Tunis, and was attended by a distinguished group of Libyan human rights experts, politicians, academics and lawyers among whom some took part in the various dialogue tracks whether in Algeria or Skhirat, as well as the representatives of the Department of Political Affairs and the Rule of Law and Human Rights, the United Nations Support Mission in Libya (UNSMIL). This roundtable dealt with the following themes:

– A diagnosis of the political and human rights scene in light of the current developments.
– An evaluation of the political agreement (Skhirat).
– After the implementation of the political agreement: the restoration of the Rule of Law State and addressing human rights violations.
– The role of civil society and human rights activists in the dialogue and monitoring.
– The security challenges facing the Libyan governments: the possible solutions.
The discussions dealt with the nature of the Skhirat agreement. Some participants expressed their concern about some formulations related to the agreement as well as the non-fulfillment of the agreement annexes to specific plans and extensions of time with regard to the security aspect. Although the majority of the participants stressed that despite the criticism and fears of the agreement nature and mainly the fear to be only reflective of the balance of power on Libyan territory, they will still seek to work hard to ensure its success.

The participants had in this roundtable discussion a set of recommendations that they see important to be considered by the consensus government and which were as follows:

On the human rights level:

1. the importance of supporting the National Council of Public Freedoms and Human Rights, restructuring and activating it and providing it with the necessary legal, administrative and operational mechanisms to carry out monitoring, follow-up and evaluation activities, with an emphasis on ensuring its financial and administrative independence.
2. The need for urgency to subdue the prisons and detention centers to the official authority of the State.
3. Provision of the necessary security protection to the courts and prosecutors’ offices as well as for the members of the judiciary to allow them working in independence and impartiality.
4. Work on investing in media for the service of human rights issues and positive support for the democratic transition process and to work for the success of the political agreement.
5. Support to the civil society and pay attention to building the capacity and skills of its members to enable them creating an effective and institutional civil society.
6. Emphasis on the fact that the relationship between the civil society and the consensus government is a partnership relationship and the need to enact a law regulating its work to be compatible to the international standards.
7. Opening direct dialogue areas with the civil society in order to support the success of the political agreement.

On the political and security level:

1. The importance of working to find a local and national legitimacy of the political agreement commensurate with its international legitimacy.
2. The adoption of specific and transparent mechanisms to restore security and military institutions and work to contain the alternative institutions of armed formations that believe in the State and its institutions.
3. Respect for the multiple periods of time that were mentioned in the political agreement.
4. It is essential that the Government of reconciliation vigorously works to combat terrorism and drain its resources.
5. The need to review the financial and material benefits that are disbursed to join the official security and military institutions.
6. The importance of the adoption of the United Nations for the dialogue between military leaders in the East and the West with the participation of Libyan civil society.
7. Taking advantage of the presence of military and security expertise recognized for its integrity and patriotism in restoring security and military institution-building process.
8. The need for clear and specific professional standards to identify the elements of the armed formations who deserve to join the army and police.
9. Prioritize the humanitarian and security crisis in the cities of Benghazi and Sirte as well as the Libyan cities facing similar circumstances
10. Immediate action on the priorities of the current stage related to displaced persons and facilitation of the basic daily services.
11. Protection of the Libyan Central Bank and energy national institutions’ funds and application of the principles of transparency, accountability and anti-corruption.
12. Support to the Audit Bureau in monitoring the State administrations, stopping wastage of public funds and activation of the national figure related to salaries.
13. The need for continued and expanded efforts of the national dialogue body and take advantage of the political agreement to ensure success to its activities.
14. Support the work of the Commission to be formed in order to put formalities, procedures, and the necessary security plans for the restoration of security provided that the security plan includes the security, development and social aspects and does not only rely on the security side.
15. Speed up the revision of the transitional justice law and emphasizing on the participatory approach in the transitional justice legislation through a comprehensive national dialogue leading to national and comprehensive reconciliation.

The conferees stressed on their acceptance to cooperate in order to work for the success of this agreement to take Libya out of this delicate stage and assert their quest to open communication channels with the dialogue parties and the national consensus government, as well as the United Nations Support Mission in Libya (UNSMIL).

The Democratic Transition and Human Rights Support Center (DAAM) and the Defenders Network for Human Rights (DNHR) expressed full readiness to support any initiatives or processes in this direction in order to support the democratic transition and uphold the rule of law and human rights in Libya.