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The High State Council (HSC) announced today that it has passed the 13th Constitutional Amendment passed earlier by parliament, the House of Representatives (HoR).
The amendment was passed during an emergency session chaired by HSC head Khaled Mishri, at the Council’s headquarters in Tripoli.
The HSC reported that during the session the 13th Constitutional Amendment was approval by a majority of the members present after a quorum was completed.
The HSC also reported that it was also agreed to start forming a committee to draft electoral laws to be approved during the next session.
What is the 13th Amendment?
The 13th amendment is an amendment to the 2011 Transitional Constitutional Deceleration governing post-Qaddafi Libya.
It sets out the roles of the president, prime minister and parliament and a constitutional path to elections. Most of the amendment had already been agreed during numerous overseas talks between Ageela Saleh and High State Council (HSC) head Khaled Mishri, and between the two chambers.
The main outstanding issue has been the eligibility of candidates with dual nationality (Khalifa Hafter) which the HSC has been opposed to.
The HSC must approve the 13th Amendment
As prescribed by the December 2015 Skhirat Libyan Political Agreement (LPA), the HSC had to approve the 13th Constitutional Amendment passed by the HoR.
The 12th Constitutional Amendment had been rejected
It will be recalled that the HSC had rejected a previous attempt by the HoR to set out a roadmap for elections when in February 2022 it rejected the 12th Constitutional Amendment.
It had also rejected the HoR’s amendment of the executive authority creating the new Fathi Bashagha-led government.
The HSC had stated that the HoR decisions were rejected based on their violation of the 2015 Skhirat Libyan Political Agreement and the form and spirit of consensus between the HSC and HoR.
HoR and HSC do not want elections?
There is enormous international pressure on both entities to hold elections in 2023. However, it must be pointed out that there are many cynics domestically and internationally that believe that both bodies will do everything possible to avoid elections. Elections would end the political life of both bodies.
