Sadeq Institute: Analysis of Legislation No.13 2013: Impact on Libya’s Political Sphere

by Tarek Megirisi
July 4, 2013

For a full text copy of the brief, click here.

The Political Isolation Law is one characterised by vagaries and the considerable discretion afforded to commission members. Whilst a substantial amount of high-level staff across the public sector will undoubtedly be isolated for their actions under the previous regime, it is still unclear to what extent this law will impact on other segments of the political and public sphere.

It would not be “technically” unlawful for the commission to extend its rulings, to a large proportion of the public sector. For example, within article 2’s definition of roles which those found guilty will be excluded from, sub-article 1 effectively prevents membership to all areas of government and civil service. The malleability of article 1’s criteria given the lack of definitions applied to general terms would make finding a reason merely a formality for anyone who worked within the previous regime. This is an incredibly dangerous path to take, in a country where 60-70% of the population work for the public sector, and each having multiple dependents. Not only would it be a travesty of justice to forcefully un-employ such a large amount of people, as Qaddafi’s quasi-Communist system provided little option but the public sector for employment; it would also be incredibly destructive to the country’s stability and ability to function, through setting off multiple crises. It would be an ironic, but foolish action, for the new Libyan government to repeat the mistakes of Iraq’s de-baathification process in the year of its tenth anniversary.

About the Author

Tarek Megirisi is a Political Affairs Research Fellow at the Sadeq Institute.

About the Sadeq Institute

The Sadeq Institute is the world’s first non-governmental policy institute in Libya. Specialising in Libyan affairs, the Institute’s mission is to foster a culture of informed citizenship and plurality of thought. The Sadeq Institute is dedicated to informing and empowering Libyan policy makers and key stakeholders by engaging in cutting edge research and advocacy on issues of public health, democratic governance, economic development, law, and security.

For more information, please visit the Sadeq Institute’s website.

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