Mr. President,
4. When I last briefed the Council in March, I noted a growing polarisation on the Libyan political scene manifested, most particularly, in the disagreement over a proposed law on political isolation and the related attempts to undermine the authority of the democratically elected bodies and legitimate state institutions.
5. It is undeniable that the law on political isolation garnered significant political support over the past months. It demanded the exclusion of figures associated with the former regime and others who had committed human rights violations, from public office. But deliberations over the law were divisive. There was disagreement on the scope of exclusionary measures and their criteria.
6. Commencing on 28 April, a number of revolutionary groups laid siege to several government ministries in an attempt to force through the adoption of the law. These actions had been preceded in March with the storming of the General National Congress and the assaults on some General National Congress members, including a shooting incident which targeted then President el-Magariaf. This escalation in exerting pressure set a dangerous precedent in its resort to the use of military force in order to extract political concessions.
7. The political isolation law was adopted on 5 May. However, the siege of ministries continued for a few more days and more political demands were voiced. A growing popular discontent, and a commitment of Prime Minister Zeidan to address some of the numerous demands, helped put an end to a show of force that threatened the stability of the country. Mr. Zeidan announced his intention to reshuffle his cabinet. Two ministers have resigned and have been replaced, so far.
8. The adoption of the Political Isolation Law will have far-reaching repercussions on the political process and the public administration. The Law lists a wide range of political, administrative and other posts, and defines types of affiliation and conduct, as a basis for the exclusion of individuals from public life for ten years. Proposals that the Law include provisions for exempting persons on the basis of their support to the Revolution were rejected.
9. Despite his distinguished record in active opposition to the Qadhafi regime over three decades, Mohammad El-Magariaf would have been excluded from office, in application of the law. He chose to resign as President of the General National Congress on 28 May. I would like to take this opportunity to pay tribute to Mr. El-Magariaf’s leadership of the Congress since its inauguration, and express appreciation and gratitude for his support to the UN’s role in Libya and his confidence in UNSMIL and in me since I took up my duties as Special Representative of the Secretary-General. We also owe him a word of praise and respect for his dignified statesmanship as he distanced himself from the Libyan political scene.
10. Written advice was provided to the General National Congress on international standards, best practices and potential risks of exclusionary measures. The current law falls short of these standards in a number of areas. We believe many of the criteria for exclusion are arbitrary, far-reaching, at times vague, and are likely to violate the civil and political rights of large numbers of individuals.
11. In the context of Libya’s transition and the legacy of weak state institutions, the implementation of the law risks further weakening of those institutions. On 5 June, the day the law came into force, many prosecutors and judges went on strike in protest at some of the provisions of the law which they believe would affect them.