MinbarLibya – International
Constitutional Legitimacy: (2) Goals of the Return to Constitutional Legitimacy

Based on the reasons in listed above (section A), the Return to Constitutional Legitimacy (RCL) aims to achieve the following goals on all levels.

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PART TWO

 

Goals of the Return to Constitutional Legitimacy

First; at the national level

The political developments in Libya reveal that the true crisis in Libya is the difference in interpretation of the revolutionary concept of legitimacy and the constitutional legitimacy according to the interests of each party.

The RCL aims to ensure inclusion of all Libyan parties in the political process. No party shall be excluded. Real democratic transition depends on the degree of political participation and the mechanisms that make political inclusion possible.

Political inclusiveness strengthens the public’s confidence in the democratic process. The work through the mechanism that the constitution provides and through the focus on government performance on priorities and goals can be achieved within a transitional period in response to the basic needs of the citizens.

Political, economic and military power is founded on internal cohesiveness of the society which will in turn reinforce the cohesiveness between the political and social powers in Libya.

The RCL allows for the development of a constitutional, legal framework through which plans can be made to disarm and reintegrate the many armed groups.

It will also create an environment in which the government can enforce security, stability and a revival of the economy and lay the foundation of diversification of the economy.

Second; at the regional level

The security of Libya forms an integral part of the security of the region. The RCL is considered to be the start of a process to stabilize and build the state’ security institutions.

It is a response to the aspirations of the neighboring countries, north and south of the Mediterranean Sea, for effective security cooperation, especially in the area of border security, fighting all forms of cross-border smuggling, illegal immigration, extremism and terrorism.

Cooperation will also extend to economic partnerships which will benefit all countries involved.

The constitution would provide the legal framework through which government institutions in Libya can fulfill its regional commitments.

Special attention should be paid to the presence of extremist organizations that cross borders.

Organizations like Al Qaeda and ISIS try to embed themselves in Libya, which may result in further fragmentation of the Libyan society and weakens the spirit of Libyan Citizenship.

Their presence also has a negative effect on the security of neighboring countries north and south of the Mediterranean Sea.

Third; at the international level

Reviving the Constitution of the State of Independence, as envisioned by The RCL, will enable the Libyan state to respond to its international obligations vis a vis international treaties, to which Libya is a party, as well as United Nations Security Council and United Nations General Assembly resolutions.

The continuing internationalization of the Libyan issue will only increase the conflict between the Libyan parties who aim to achieve their individual gains, partisan or ideological. This could lead to more polarization and division and undermines the unity and sovereignty of Libya.

The Libyan issue is an internal matter, rather than regional or international.

The solution for the crisis in Libya falls on the shoulders of the Libyan parties who are directly involved in the political process with the support and engagement of the United Nations, friendly countries as well as brotherly nations.

The failure to reach a political agreement to save the country, irrespective of their sense of belonging to one party or the other, will only lead to continuing foreign interference in the Libyan Affairs, growing influence of extremist groups and the fragmentation of the Libyan state.

The RCL offers the most promising Libyan-owned solution which enjoys widespread support amongst the Libyan people.

It allows for a transitional period to establish the second Independent State and gives a chance to the Libyan nation to determine its destiny.

It will allow the Libyan people to choose their own political system which best fits the Libyan society specifities.

To be continued

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