8/10/2019 On the Ruling of the Supreme Court regarding the Constitutionality of the Libyan House of Representatives

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On the Ruling of the Supreme Court

Despite my many reservations from the outset regarding theproposal of the February Commission, as well as the

irresponsible manner in which the General National

Congress handled the proposal in March 2014, when it

rushed to adopt it without discussing, or for some of its

members, even reading the proposal, I, like many others,

was surprised by the Supreme Court's recent decision. I hadanticipated only that the Court might invalidate the

convening of the House of Representatives in Tobruk, and

rule that it violated the Constitutional Declaration with

regard to the manner of its commencement, and would

consequently nullify all of its resolutions and actions. I was

under the impression that the 7th Amendment had become

part of the Constitutional Declaration, which, along with

subsequent amendments, has not been without its flaws

since it was first issued by the Transitional National

Council in August 2011, chief among them the decision to

opt for direct election in the creation of the Constitution

Drafting Assembly, on the basis of dividing Libya into three

regions, a decision which continues to delay theconstitution's completion and has exacerbated the current

regional tensions, further contributing to the crisis which

plagues Libya today.

Despite these issues, it seems that we have arrived at a

crossroads--each path fraught with great risk--and that we

now face a difficult test with little choice for us Libyans but

to affirm the need for all parties to respect, without

exception, the ruling of the Supreme Court, for the sake of

the national interest and regardless of our personal views,

and to oppose those who seek to undermine the unity and

independence of the country and its future. In so doing, we

continue to lay the foundations for the establishment of a

state based on a constitution and the rule of law, and to

honor all those who sacrificed for the sake of this country.

It is my belief that the Court's ruling may be viewed as an

opportunity for all parties to put the constitutional debate

which has prevailed over the past few months behind them,

and to embark on a sincere effort toward achieving a

national consensus and developing a national rescue

roadmap for the remainder of the transitional phase, until a

Constitution is adopted. To be sure, political and securityproblems abound, and unless the conflicting parties succeed

in managing the crisis, appreciate the gravity of this historic

responsibility, and avoid political exploitation of the court's

ruling, the divisions will continue to deepen and thesituation will surely deteriorate, further escalating the

current conflict and dragging the country into terrifyingscenarios.

It is the civic duty of all parties to exercise prudence and

restraint in the wake of the Supreme Court's ruling and to

avoid actions and statements that would intensify the

severity of our present crisis and deepen the unfortunate

divisions. Rather, we must work to create the necessary

conditions for reconciliation and national dialogue, to

restore hope to Libya and its people, and to preserve the

gains of its revolution.

God save Libya and its people.

Naeem al-Gheriany

November 6, 2014

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