The politics of Libya have been in an uncertain state since the collapse of the Libyan Arab Jamahiriya in 2011, a recent civil war and various jihadist groups and tribal elements controlling parts of the country.
Libya is divided into two rival governmental authorities in the years following Gaddafi's overthrow; the Islamist-led General National Congress (GNC) and its militia coalition the Libya Dawn, which is based in Tripoli, and the House of Representatives in Tobruk, with its military coalition named Operation Dignity. As a result, the Libyan Political Agreement (LPA) was adopted in December 2015. Under the terms of the agreement, a nine-member Presidential Council and a seventeen-member interim Government of National Accord (GNA) was formed to replace the GNC. This attempt at unification was unsuccessful, and three competing governments still remained by the end of 2016.
In the east, Haftar has managed to consolidate control over various armed militias under his command, ruling with an iron fist. In the west rival factions continue to compete for influence.
In March 2021, the interim Government of National Unity (GNU), unifying the Second Al-Thani Cabinet and the Government of National Accord was formed, only to face new opposition in Government of National Stability, until Libyan Political Dialogue Forum assured the ongoing ceasefire.
History
Gaddafi Era
After originally rising to power through a military coup d'état in 1969, Colonel Muammar Gaddafi's governance of Libya became increasingly centric on the teachings of his Green Book, which he published in the mid-1970s chapter by chapter as a foundation for a new form of government. This jamahiriya, as he called it, was supposedly a form of direct democracy in which power was balanced between a General People's Congress, consisting of 2,700 representatives of Basic People's Congresses, and an executive General People's Committee, headed by a General Secretary, who reported to the prime minister and the president. However, Gaddafi retained virtually all power, continuing to operate and control vestiges of the military junta put in place in 1969.
Gaddafi's authoritarian rule, a transition from the former monarchical structure, aligns with Samuels' finding that most military coups spark change from one form of non-democratic government to another.Samuels, David (2021). Comparative Politics (2nd ed.). Pearson. p. 123. . Gaddafi acted as a military/personalist leader during his 42-year reign, nearly tripling the average ruling length of 15.1 years for this regime type, as found by political scientist Barbara Geddes in her 1999 publication.Geddes, Barbara (1999). "What Do We Know About Democratization After Twenty Years?". Annual Review of Political Science. Still, Gaddafi's regime did follow many of the military/personalist tropes that Geddes outlined: failing after its leader's death, relying on unstable personal networks to rule, and facing military opposition during the reign.
As an oil-rich state with an abundance of petro-dollars, Gaddafi's rule did not require political appeasement from citizens, since the government derived means of power through oil wealth. The first human rights report against the Gaddafi Foundation was submitted in 1999 in hopes of immediate reform. Unfortunately, reports were periodically submitted over the following 10 years, with a notable Human Rights Watch report in December 2009, and ultimately intensified repression from Gaddafi's regime. Namely, in response to the 2009 report, Gaddafi banned all civil society organizations, closed newspapers, and arrested journalists speaking out against the regime's corruption and abuse of its citizens. Apart from being an oil economy, Gaddafi's shallow state constructed weak governance capacity within security structures, institutions, and bureaucracy. Overall, Gaddafi exemplified the strategy of systemically overpowering opposition and obstructing civil society formation, and his repressive rule allowed for him to deconstruct state structures and security, forcing the state to be rebuilt after his downfall.
Crisis and civil war
The Libyan revolt of 2011 that ultimately ended Gaddafi's reign was partially inspired by both Tunisia and Egypt's attempted democratization, demonstrating the neighborhood effect: a theory that postulates countries will be influenced by their neighbors when adopting regime types.Samuels, David (2021). Comparative Politics (2nd ed.). Pearson. p. 130. . The political divide and pressure from groups with differing religious, regional, or ethnic affiliations and goals for the country contributed to the overthrow of Gaddafi, as well as the collapse of the Libyan Arab Jamahiriya in 2011, an economic model which rejects capitalism and favors a stateless and socialist society. Despite its anti-western position, this economic model relied on foreign trade, weaponry, and technology to sustain totalitarian control; this model facilitated wealth disparities and the centralization of power, while deconstructing state and social institutions. These uprisings temporarily unified the disparate groups within Libya. Although, the flaws in institutions left by Gaddafi brought back the divide within various religious, regional, and ethnic groups. Ultimately, the unrest following Gaddafi's ousting led to Libya's recent civil war and various jihadists and tribal elements controlling parts of the country.
National Transitional Council
Political parties were banned in Libya from 1972 until the removal of Gaddafi's government, and all elections were nonpartisan under law. However, during the revolution, the National Transitional Council (NTC), a body formed on 27 February 2011 by anti-Gaddafi forces to act as the "political face of the revolution", made the introduction of multiparty democracy a cornerstone of its agenda. In June 2011, Saif al-Islam Gaddafi said his father would agree to internationally monitored general elections, and would step down if he lost them, but his offer was refused in face of the Resolution 1970, which referred Gaddafi, his family, and his security entourage to the International Criminal Court as a result of war crimes and crimes against humanity.
On 8 March, the NTC issued a statement in which it declared itself to be the "sole representative all over Libya". The council formed an interim governing body on 23 March. As of 20 October 2011, with the support and protection of NATO, the NTC captured Muammar Gaddafi, where he was subsequently killed in a cross-fire. As an immediate result, 100 countries declared full support to the council by severing all relations with Gaddafi's rule and recognizing the National Transitional Council as the "rightful representative of Libya".
On 3 August 2011, the NTC issued a Constitutional Declaration which declared the statehood of Libya as a democracy with Islam as its state religion, in which the state guarantees the rule of law and an independent judiciary as well as civic and human basic rights (including freedom of religion and women's rights), and which contains provisions for a phase of transition to a presidential republic with an elected national assembly and a democratically legitimized constitution by 2013. The drafting of the constitution is particularly difficult considering the different interests of the shareholders involved. Vice Chairman Abdul Hafiz Ghoga declared Libya to be "liberated" on 23 October 2011, announcing an official end to the war. Chairman Mustafa Abdul Jalil said Libya would become an Islamic democracy in the wake of Gaddafi's death, though the extent of Islamic law's influence would be determined by elected lawmakers. Ghoga later confirmed that Libya will continue to adhere to all international agreements to which it was signatory prior to the uprising.
The National Transitional Council only possessed moral, legal, and ethical authority, while Libya's opposing militias had access to a large supply of arms and local networks. This deepened the loyalties of many localities with the militias, ultimately granting these militias as de facto political authority.
On 7 July 2012 an election was held for the General National Congress (GNC) to replace the NTC. There were 2,501 candidates for the 200 seats – 136 for political parties and 64 for independent candidates. About 300 candidates' views were considered unacceptable and removed from candidates list, suspected of sympathizing with the defeated forces of the Jamahiriya. Accreditation centers have also been organized in European cities with larger Libyan communities like Berlin and Paris, in order to allow Libyan nationals, there to cast their vote.High National Election Commission: Press Release 16. June 2012 On 8 August 2012 the NTC officially dissolved and transferred power to the General National Congress.
Libya is divided into two rival governmental authorities in the years following Gaddafi's overthrow. The governmental authorities include the Islamist-led General National Congress (GNC) and its militia coalition the Libya Dawn, which is based in Tripoli, and the House of Representatives in Tobruk, with its military coalition named Operation Dignity. Although, it is vital to note that these militias held military power independently of the authorities to which they claimed loyalty. As a result, outbreaks of violence continued across the region, as governments could not convince their militias to allow a state-imposed monopoly on violence.
General National Congress
The General National Congress (also translated as General National Council) was the legislative authority of Libya. It was elected by popular vote on 7 July 2012, and from 8 August replaced the National Transitional Council that had governed the country since the end of the Libyan Civil War. The General National Congress was composed of 200 members of which 80 were elected through a party list system of proportional representation, and 120 were elected as independents in multiple-member districts.
Although it claimed a provisional sort of sovereign authority over Libya, the General National Congress was not permitted to take actions like those of a true sovereign and legitimate state; General National Congress did not have Weberian monopoly of force and could not enforce many of its said plans of action. Although, at the time, no other political body had clearly claimed to possess authority to govern Libya.
The executive branch was appointed by the GNC and led by the prime minister, Fayez-al-Sarraj, while the president of the GNC was the de facto head of state, though not explicitly described as such in the Declaration.
The main responsibility of the GNC was to form a constituent assembly which would write Libya's permanent constitution, for approval by a referendum. The GNC was unable to choose how this assembly would be elected until they brought the amendment to the Temporary Constitutional Declaration, a document serving as a temporary constitution during the transitional period post-Gadhafi. Accordingly, the GNC decided the method of direct elections to be more efficient in creating this assembly, as they believed it would also please federalist rivals like the House of Representatives, and create progress in the political process.
On 30 March 2014, the General National Congress voted to replace itself with a new House of Representatives. The new legislature would allocate 30 seats for women, would have 200 seats overall (with individuals able to run as members of political parties) and allow Libyans of foreign nationalities to run for office. While elections were held and lawmakers took office, the former General National Congress rejected the results and reconvened in opposition to the new parliament, which now meets in the eastern Libyan city of Tobruk.
House of Representatives