Libyan constitutional committee member Rania Al-Said has put forth an urgent national plan to unify the country's judiciary and protect the integrity of upcoming elections. The proposal comes amid growing concerns over the impact of judicial divisions on the electoral process. Al-Said emphasized that an independent and impartial judiciary is crucial for ensuring the integrity of the elections and upholding the will of the Libyan people.
Al-Said's proposal was sparked by a statement from the UN mission in Libya regarding a meeting of the 4+4 group in Tunisia. The meeting discussed the potential consequences of the judicial division on the electoral process. Al-Said argued that referring the issue of judicial division to a small political committee that meets outside Libya would undermine the judiciary's dignity and independence. She believes this approach contradicts the constitutional declaration and law number 6 of 2006 governing the judiciary.
The Libyan state institutions continue to suffer from the effects of political and institutional divisions. This has directly impacted the ability of Libyan citizens to access unified institutions capable of performing their duties without being influenced by political calculations. Al-Said stressed that addressing the judicial crisis should not be turned into a card within political understandings. The judiciary should be responsible for resolving its internal affairs to maintain the principle of separation of powers.
Al-Said proposed convening a unified general assembly of the Supreme Judicial Council. The assembly would comprise all members from various circuits and aim to officially and definitively end the division. She also suggested unifying the judicial administration under one leadership and headquarters. Furthermore, Al-Said called for a clear judicial statement affirming that judicial reform and unification are purely judicial matters. Any resolution to the crisis should come from within the judiciary itself, without external interference.
Al-Said emphasized the need to activate the judicial inspection department. This department would investigate any violations that may compromise the judiciary's impartiality and protect judges from political pressures. She highlighted that the judiciary should not be a party to any political agreements. Instead, it should remain an independent entity that resolves disputes according to the law. This is particularly important for the electoral process, which requires a unified judiciary capable of handling appeals and resolving them in a manner that ensures public trust.
Al-Said also proposed establishing a higher judicial committee for elections. This committee would be responsible for setting legal controls for accepting and resolving appeals. The goal is to reassure the Libyan public and the international community about the ability of the Libyan judiciary to protect the electoral process. The proposal reflects the complexity of the Libyan crisis, which extends beyond determining election dates or providing technical conditions for conducting elections.
According to Al-Said, the integrity of elections begins with the independence of the judge who will protect the electoral process and resolve related disputes. Therefore, the issue of judicial unification is a priority for creating a stable electoral environment. This is crucial given the ongoing political and institutional divisions that have exhausted Libyan citizens and eroded their trust in state institutions' ability to function uniformly and independently.
Key points
- The plan aims to protect the integrity of the electoral process by ensuring an independent and impartial judiciary.
- Rania Al-Said's proposal includes convening a unified general assembly of the Supreme Judicial Council to end the judicial division.
- The plan also involves establishing a higher judicial committee for elections to handle appeals and ensure the integrity of the electoral process.
