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Op-Ed: UN reports differences between parties on Libyan unity government

Samir Ghattas, spokeperson for the UN mission in Libya (UNSMIL) said differences had emerged in written observations by each side on a draft agreement presented to them by the UN envoy Bernardino Leon. Ghattas said: “We have received the text from the parties on their remarks. There are differences that we are working to narrow. But there are many elements that they are in agreement on. Ghattas failed to provide any details. Surprisingly, Leon did not meet with delegates on Friday. He was said to have been analysing the written comments in order to find common ground.
While UNSMIL has repeatedly threatened sanctions against those who threaten the success of the talks and also pleaded for both sides to stop fighting, Khalifa Haftar , the commander of the Tobruk government armed forces, has bombed the Mitiga airport used by the Tripoli government not once before the attacks but three times. The second time the Tripoli representatives were late as a result and the talks started a day after they were scheduled. During the talks Haftar announced an offensive to take Tripoli. Before recent talks he launched a bombing mission just as the Tripoli representatives plane was to take off although no bombs appear to have hit the airport but a target nearby. During the present talks he is continuing his offensive to take Tripoli.
Part of the unity government as earlier described by UN envoy Leon would consist of a three-person presidential council, each member being agreed upon by both parties. The House of Representatives would remain and be the sole legislative body. This is a tremendous concession by the Tripoli or Salvation Government as it calls itself. The Libyan Supreme Court ruled back on November 6, 2014 that the June elections were unconstitutional and that the Tobruk based House of Representatives formed as a result of those elections should be dissolved. The Tripoli government holds that the legitimate government is hence the government formed by the General National Congress as evident in this quote from the Libya Observer a Facebook news source that supports the Tripoli government: The dissolved parliament of Tobruk suspends its participation in the Libyan national dialogue in Morocco, saying it needs guarantees that the proposed unity government would be given a vote of confidence and monitored by Tobruk parliament, according to Tareq al-Jaroshi, a member of the dissolved parliament. Notice the reference to the “dissolved” parliament as opposed to the standard mainstream press phrase of “internationally recognized” government. Rarely if ever now will you see mainstream news articles mention the Supreme Court ruling. If it is mentioned it will be only to claim that it is not valid since it was done under duress. The Tobruk government seems to have been granted what it wanted after it returned to participate in the talks.

One problem now is that the Tripoli government apparently wants some representation in the House of Representatives, a request that seems not unreasonable given that it has given up its own claim to be the legitimate government. Yet the Tobruk government has always insisted that it is the sole legitimate government and no doubt would argue that it would be illegitimate to add members from an illegitimate body such as the Tripoli government. The two sides are so opposed to each other on the question of legitimacy that in the whole dialogue process they have refused to talk to each other.They only talk through the UN mediator.

On Friday, Mohammed Chouaib of the Tobruk parliament said he hoped the dialogue would continue to reach an agreement in the next two days. Mohamed Maazab, a representative from the Tripoli parliament, said there was an attempt to reach a consensus on which authorities will take charge during the transitional period before new elections under a new constitution. Tawfiq Offman, a Torbruk representative, said he expects the talks to continue Sunday. Leon warned participants this round of talks would be the last.

In a very recent report, Leon, the UN Special Envoy to Libya, threatened to freeze ongoing dialogue if clashes did not stop on the ground in Libya, according to a spokesperson for the Tobruk-based parliament after he met with the envoy. Leon himself has yet to say anything. Now that will really worry Khalifa Haftar who is busy trying to recapture Tripoli and believes that if the talks fail he has a military solution. Speaking on CNN Arabic, Haftar said he would not reject Arab countries sending volunteers to Libya and he decried the ongoing dialogue with what he calls “terrorist” groups, that is the Tripoli government and Libya Dawn. Instead of imposing sanctions on Haftar as punishment for his actions Leon will freeze the talks! The UNSMIL motto is: See no Haftar. Hear no Haftar. Punish no Haftar.

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