Libya

1. Country Profile

Capital: Tripoli (Tarabulus)
Population: 6,597,00 (2011 est.)
Ethnic groups: Arab-Berber 97%, other 3% (includes Greeks, Maltese, Italians, Egyptians, Pakistanis, Turks, Indians, and Tunisians)
Religions: Sunni Muslim 97%, other 3%
Languages: Arabic (official), Italian, English, all widely understood in the major cities
GDP / Capita: $13,800 (2010 est.)
Human Development Index (2010): 0.755 (53rd)
 
Transitional government: The National Transitional Council (NTC) was formed on 27 February 2011 to act as the political face of the revolution. Officially established on 5 March 2011 in Benghazi, the unicameral legislative body is composed of 33 members, representing the different Libyan cities and towns, in addition Political Affairs, Economics, Legal Affairs, Youth, Women, Political Prisoners and Military Affairs. The Chairman of the NTC is Mustafa Mohammed Abdul Jalil.
 
On 21 November the new interim government was formed. It is led by Abdurrahim El Keib and dominated by secular liberals, key militia and NTC figures. 
 
2. Political Situation
 
Libya's new era
After four decades of the Gaddafi regime and a revolution led by the Libyans since mid February 2011, a long and painful chapter for the Libyan people closed with the death of Muammar Gaddafi on 20 October 2011. Following the capture of the last two Gaddafi's strongholds: Sirte and Bani Walid, the Libyan National Transitional Council (NTC) declared the liberation of the nation on 23 October 2011.
 
But Libya now risks sliding into internal conflicts unless it cracks down on the rival militias which filled the vacuum left by Gaddafi's downfall. Libya's interim government is still struggling to exert their authority as rival militia leaders refuse to cede control of their fighters and hand their arms.  
 
In the biggest demonstration in Benghazi since the revolt against Gaddafi started in that city, between 20,000 and 30,000 protestors gathered on 12 December 2011 to show their frustration with the new leaders.
 
Gaddafi's death
 
The Chief prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo said on 16 December 2011 that the way in which Gaddafi was killed created suspicions of war crimes.
 
Under pressure from Western allies NTC has promised to investigate how Gaddafi and his son Mo'tassim were killed. Mobile phone footage showed both alive after their capture. Gaddafi was seen being mocked, beaten and abused before he died, in what NTC officials said was crossfire.
 
NATO said its aircraft struck 11 vehicles in an armoured convoy in which Gaddafi was trying to escape from the besieged city of Sirte on Oct. 20, although NATO said it did not know at the time he was in the convoy. They were part of a larger group of about 75 vehicles manoeuvring near Sirte, NATO said.
 
Gaddafi and his son Mo'tassim were buried in the dessert on 25 October 2011, five days after the deposed Libyan leader was captured, killed and his body put on public display.
 
 
ICC arrest warrant for Gaddafi
The International Criminal Court (ICC) issued on 27 June 2011 the arrest warrant for Colonel Gaddfi, his son Saif Al-Islam Gaddafi and his former intelligence chief Abdullah Al-Senussi for alleged crimes against humanity.
 
Saif al-Islam was captured on 19 November 2011 near the southern city of Sabha with two aides trying to smuggle him out to neighbouring Niger. The ICC has given Libya more time, till 23 January 2012, to say whether Saif al-Islam will face trial for war crimes and to give more information on his mental and physical health. Human Rights Watch urged Libyan authorities to allow Saif al-Islam immediate access to a lawyer to help ensure he has due process.
 
NATO's mission in Libya  
 
NATO ended its Libyan mission on 31 October 2011, seven months after launching air and sea operations. NATO Secretary General Anders Fogh Rasmussen visited Tripoli to mark the formal end of a mission.
 
* PROTECTING CIVILIANS
Initial attacks against Libyan air defence targets began on March 19, shortly after a meeting in Paris which brought together senior NATO, EU, Arab League and African Union diplomats. NATO formally took over the operation end of March under the U.N. Security Council resolutions 1970 and 1973. The aim of the operation, named Unified Protector, was to protect civilians and civilian-populated areas under attack or threat of attack. It comprised three elements: an arms embargo, a no-fly zone and actions to protect civilians from attack or the threat of attack.
 
* MILITARY ASSETS
Equipment for the mission included supply ships, frigates, destroyers, submarines, amphibious assault ships (also called landing platform docks) and aircraft carriers. At its peak, 21 naval assets were assigned to NATO in support of the operation. By the end of September, 10 nations were providing 12 naval assets to enforce the arms embargo. Sixteen countries provided air assets and flew sorties in support of the operation. This effort was complemented by NATO-owned AWACS surveillance and reconnaissance planes.
 
* SOME NUMBERS
NATO's 26,000 sorties, including 9,600 strike missions, destroyed about 5,900 military targets. These included Libya's air defences and more than 1,000 tanks, vehicles and guns, as well as Gaddafi's command and control networks.
 
Legal Basis for the intervention in Libya
The UN Security Council has adopted two resolutions since the eruption of the violence.
 
UNSC resolution 1973
The United Nations Security Council has adopted on 17 March 2011 the resolution 1973 authorising a no-fly zone over Libya and "all necessary measures" to protect civilians. Ten of the council's 15 members voted in favour of the resolution, while Russia, China, Germany, India and Brazil abstained.
 
The resolution 1973:


  • Authorises UN member states "to take all necessary measures ... to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory".

  • Decides "to establish a ban on all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians", but says humanitarian flights and flights authorised by the UN and Arab League can take place.

  • Further strengthens the arms embargo imposed on February 26.

 
UNSC resolution 1970
The UN Security Council has adopted on 26 2011 a comprehensive resolution to respond to the violence perpetrated by Gaddafi on the Libyan people. This resolution imposes immediate measures to stop the violence, ensure accountability and facilitate humanitarian aid. The Security Council has demanded an end to the violence and urged Libyan authorities to respect human rights, ensure the safety of foreign nationals allow the safe passage of humanitarian supplies and lift restrictions on all forms of media.
 
 
Significantly, the resolution 1970:

  • Refers the situation to the International Criminal Court (ICC)

  • Imposes an arms embargo and other arms restrictions

  • Imposes targeted sanctions on key regime figures

  • Provides for humanitarian assistance

  • Commits to review the measures

 
On 16 December 2011 the UN Security Council lifted sanctions on Libya's central bank and a subsidiary, clearing the way for tens of billions of dollars they hold overseas to be unfrozen to ease an acute cash crisis. 
 
The interim government and transition towards elections
The forming of the new interim government has been delayed by inter-factional wrangling which has raised fears of destabilising power struggles within the NTC. The new cabinet was announced on 21 November 2011 by the NTC's interim Prime Minister Abdurrahim El Keib. Dominated by secular liberals and key militia and NTC figures, the key posts filled include: Osama al-Juwali, the commander of the Zintan Brigade that led the advance on Tripoli in August, as defence minister; Ibrahim Dabbashi, the former Libyan deputy ambassador the UN who defected to the NTC in February, early in the uprising, as foreign minister; Ali Tarhouni, who was the internationally respected finance minister in the previous NTC council of representatives, is retained in his post. Hassan Ziglam, an executive in the Libyan National Oil Company, was named oil minister.
 
The NTC's current timetable for the transition process envisages this government only serving for a period of eight months, after which elections will be held for a constituent assembly to write a new constitution. Libyans with ties to Gaddafi will be banned from running in elections under a bill drafted by the interim government. Academics who wrote about Gaddafi's Green book, containing his musings on politics, economics and everyday life, will also be barred from running. This legislation also bans former officials accused of torturing Libyans or embezzling public funds, active members of the Revolutionary Guard, and opposition members who made peace with Gaddafi. It gives women 20 seats in the 200-member national assembly.
 
On 3 January 2012 Yousef al-Manqoush, a retired general from Misrata, was named head of armed forces. The appointment was announced as four fighters were killed in a gun battle between rival militias in Tripoli. Earlier in December 2011 the soldiers of the new national army failed to wrest control of Tripoli's international airport from a militia force from Zintan.
 
Sharia's shadow looms in Libya
NTC Leader Mustafa Abdel Jalil's declaration on sharia as the source of law raised serious concerns in the international community. The role of sharia is still to be debated in a democratic constitutional drafting process but Libyan women, in particular, were concerned about the implications of this declaration. Sharia can be applied in different ways and it is up to the Libyans to choose their legal and constitutional framework. But a free Libya must fully respect human rights, including women's rights. And there are interpretations of the sharia that clearly contradict human rights and discriminate women.
 
3. Key Issues
 
EU response 
 
HR/VP Ashton opened the EU delegation in Tripoli on November 12. Earlier on, during the revolution, Ashton opened the EU office in Benghazi (May 22).

Operation EUFOR LIBYA
Under a formal decision adopted on 1 April 2011, the Council created the legal framework for "Operation EUFOR LIBYA", which could be launched at the request of the UN Office for the Coordination of Humanitarian Affairs (OCHA) in order to "contribute to the safe movement and evacuation of displaced persons and support humanitarian agencies in their activities in the region".
EU-Libya Relations - Negations on a Framework Agreement suspended on February 22
The EU stands ready to resume negotiations of the Framework Agreement, which can serve as a basis for political, economic, social and cultural dialogue and cooperation with the new post-Gaddafi Libya.
 
EU sanctions
In view of the fall of Tripoli, the Council lifted on 1 September 2011 the freeze on the financial assets and economic resources of 28 Libyan entities. The 28 organisations in question were subject to the EU's autonomous measures. This decision amends Council decision 2011/137/CFSP of 28 February 2011, which introduced a travel ban and an assets freeze of the Gaddafi regime, while granting the necessary humanitarian exemptions.
 
EU humanitarian aid and responding to the challenge of stabilisation in post-conflict Libya
The EU has provided over €152 million in humanitarian support - with €80 million coming from the EU budget, and mobilised EU civil protection teams and assets to alleviate the plight of all civilians both in Libya and at its borders. In addition to its humanitarian assistance, the European Commission can make up to €25 million available for immediate stabilisation needs including: state institutions and public administration capacity building, strengthening of the respect of human rights and democratisation, ensuring a role for the civil society; urgent support to various key sectors, such as health, migration, disarmament, demobilisation and reintegration.
 
European Parliament Response
 
EP President Buzek visited Libya on 29-30 October 2011.
 
EP resolution adopted on 15 September 2011 calling for reconciliation in the country as the civil war seems to be nearing its end. The resolution also calls on the EU to help in the preparation of a constitutional system and the reconstruction of civil society.
 
EP resolution adopted on 10 March 2011 calls on the EU Member States to stand ready for a decision within the UNSC on a no-fly zone and demands close coordination with the Arab League and the African Union. It also called for de-facto recognition of the National Transitional Council and demanded the use of air and naval CSDP assets for the implementation of the arms embargo against the Gaddafi regime.
 
S&D Group Response
 
EP Rapporteur for Libya, MEP Ana Gomes visited Tripoli from 18 to 22 September 2011.
MEP Gomes visited Benghazi and several liberated cities from 17 to 20 May 2011.
The Group organised a very successful workshop The Road towards democracy in Libya on 29 June 2011.
 
Migrations and humanitarian crisis
Of the nearly 1.2 million people who have fled Libya since the beginning of the conflict in February 2011, more than 660,000 are migrants, many of whom have lived through traumatic experiences.
 
Updated: 16.1.12

Theme: 
Listening to the Progressive Mediterranean

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