POMED Notes: “Libya in Transition: The Significance of U.N. Resolution 1973 and Democracy in the Middle East and North Africa”

On Wednesday, the United States Institute of Peace (USIP) and the United Nations Association of the National Capital Area (UNA-NCA) co-hosted an event entitled “Libya in Transition: The Significance of U.N. Resolution 1973 and Democracy in the Middle East and North Africa.” Panelists included Dean Pittman, Principal Deputy Assistant Secretary at the Bureau of International Organization Affairs, Laith Kubba, Senior Director of the Middle East and North Africa at the National Endowment for Democracy, Manal Omar, Director of Iraq, Iran, and North Africa Programs at USIP, and Ted Piccone, Deputy Director of Foreign Policy at the Brookings Institution. Dick Rowson, Board Member at UNA-NCA, gave a brief introduction. Colette Rausch, Director of the Rule of Law Center at USIP, moderated the event.

For full event notes, continue reading. Or, click here for the PDF. 

Rowson introduced the discussion by pointing out its timeliness given Secretary of State Hillary Clinton‘s concurrent visit to Libya in order to determine how the U.S. might assist Libya in its transition. Rowson also situated the topic within a broader regional and international context, mentioning the significance of Resolution 1973 as well as the potential lessons Libya can offer to other “Arab Spring countries.” Rausch announced that the panel would be taking questions from the live audience and via Twitter.

Kubba began the panel’s opening remarks by stating that Libya shares “critically important” similarities with the region, and that in the wake of recent events we can look at the region as “one” entity whose cultures and revolutions are tied by commonalities. For instance, virtually all the region’s nations have been ruled by small circles under a police state in which the armed forces were integrated into the ruling framework, and the societies are characterized by political stagnation. Furthermore, they all share the emergence of a new “digital generation” that has upset the status quo “nearly across the board.” Similarly, he added, “regimes can no longer contain” the “aspirations” of this digital generation. The responses and philosophies of each regime differ, however. Kubba compared Ben Ali’s response of “I hear you” to the demonstrators to Gadhafi’s response of “Who are you?” Thus, Kubba asserted, Gadhafi’s response symbolizes why Libya is in a “totally different category from the rest of the region.” Kubba also noted that with Resolution 1973, the worldwide definition of sovereignty shifted from allowing a “ruler” free-reign within his borders to predicating the notion upon said ruler’s legitimacy. Thus, with the case of intervention in Libya, a new precedent was set in which the “Arab street did not object to that intervention.“ He concluded his remarks by saying that the decision to recognize the National Transitional Council (TNC); the “gray area” lies in deciding “what to do going forward, what does it mean to push the country toward democracy?”

Omar gave insight from within Libya, asserting that Libyans are often frustrated by the term “post-Gadhafi,” as they feel he and his supporters have been adequately marginalized, and the country is thus eager to “move forward” and begin “building a new Libya.” Omar said that the Libyan people are “very grateful” for international intervention, and that there is a recognition that “they would have been crushed mercilessly” without it. She distinguished between “boots on the ground” and airstrikes, however, noting that there is “no appetite” for the former in Libya. Omar also discussed the role of tribes, and in response to a question about whether they could become a political force, she argued that the role of tribes is mostly social. If tribes were to feel alienated and ignored, however, they may be “pushed to the political realm.” She added that Libyans “want to have a voice in the process” of the building of a new Libya, that emerging civil society is particularly strong in its engagement of women and youth, and that the “international community must work with the TNC to ensure transition conditions” are fulfilled.

Piccone recounted “interesting developments” signaled by Libya and the U.N. Resolution. First, the importance of regional organizations in building consensus for intervention has become much more apparent to global actors. Consensus from bodies like the Arab League and the African Union lends legitimacy to decisions from international bodies. Thus, these regional organizations have served as the “gatekeepers in defining the right to protect.” While the right to protect (R2P) is not a new concept, Libya represents the first time it was enacted “against a host state.” In the case of Libya, the “threat of attack against civilians was enough for the international community to act.” Libya’s experience, however, cannot necessarily be duplicated elsewhere. For instance, some countries like India and China have “buyer’s remorse” and fear the application of R2P within their own borders. Piccone added that while Libya’s case is “unlikely to be repeated,” particularly in Syria, a precedent has nonetheless been set, and the international community will “build” upon this “very high” benchmark.

Pittman argued that Libya’s case is a “great example of why the U.N. is so important,” as it “played a critical and unique role,” which “underscores why the U.S. needs to be involved in multilateral organizations.” The U.S. worked “across the U.N.,” at the Human Rights Council and the Security Council, taking multiple approaches. Furthermore, Libya represents the first time the Security Council has unanimously recommended a case to the International Criminal Court. Pittman added that the support of the U.N. conferred a “huge amount of credibility” to the intervention. The General Assembly has also been instrumental in recognizing the TNC and helping with the destruction of weapons. Going forward, the international community must continue to “provide support” to Libyans, especially through “technical assistance.” As the U.N. wields “unique tools” and capabilities, so too is each situation unique, necessitating a careful calibration according to context.

During the question and answer session, Kubba said that the TNC was doing well in the “implementation of a democratic transition,” and that this process is “very new,” meaning the TNC must constantly negotiate between “stated intent” and “actual implementation.” With regard to the role of civil society in Libya’s transition, Omar emphasized the indispensible role played by civil society in bringing Libya to this point. There is worry, however, that because of civil society’s concentration on providing humanitarian assistance, it has “missed a political opportunity.” She added that “without civil society” being involved in nation-building, the transition will fall victim to a cycle of reversion to the status quo. Omar also clarified that while women have been exercising a more prominent role, they remain relegated to “second and third tier” positions.

Pittman asserted that while the U.S. and U.N. coordinate with one another, the U.S. wants “the U.N. to lead.” Kubba argued that the international community must be careful not to overreact to worries over extremists; rather, we must “keep an eye on the process” that will “put the country on the right track.”