Waging Peace:  Libya
 
Monitoring Elections

The July 7, 2012, elections mark a pivotal moment in Libya's history as the country transitions from authoritarianism to democratic governance. For the past few decades under Muammar Qaddafi's governance, Libya was a self-declared form of government called a Jamahiriya, where the country supposedly implemented a form of direct democracy by people's committees.  Political parties were banned and the government strictly monitored political activity; organizing or joining a political party could result in a long prison term or death sentence.

Despite the occasional holding of non-partisan indirect elections through a hierarchy of people's committees, Qaddafi retained virtually all power from 1969 through the revolution in 2011. During those years, Libya was generally considered "not free," and received one of Freedom House's lowest scores due to a very poor civil liberties record including no freedom of press, expression, or assembly, and a judiciary that was subservient to the political leadership and regularly penalized political dissent.

These elections may provide the first peaceful transfer of political power in the country's history. The Libyan people are anxious to elect a government that meets their needs and aspirations. Libyans have been quick to form several political parties following the decision of the National Transitional Council (NTC) to repeal the law that made their formation illegal. Libyans are also eager for rapid action, evidenced by the cities of Misrata, Benghazi, and others having already held local municipal elections.

The U.N. General Assembly recognized the NTC as the legitimate interim governing body in Libya in September 2011. On Oct. 23, the NTC declared Libya liberated after defeating the last remaining pro-Qaddafi stronghold and his death, and made plans to transition toward elections. In October 2011, the NTC announced that elections for a General National Congress (GNC) would be held in June 2012. The date was later set for July 7. The GNC's role will be to appoint an interim government and a constituent council to draft a constitution.

The NTC created the High National Electoral Commission (HNEC), which is charged with preparing for and overseeing the election of a National Congress.  Following an invitation and accreditation from the HNEC, The Carter Center established a field office in Tripoli staffed by several electoral, legal, and operational experts. In June 2012, the Center deployed several teams of observers in Libya to monitor and report on the preparations for the NGC elections and the lead-up to the polls.

Their assessment focused on election preparations, campaigning by political entities and candidates, polling and counting, the tabulation of results, and the resolution of any electoral disputes. They were joined during the immediate election period by additional teams of short-term observers who visited polling stations in many parts of the country.

In light of security considerations, which prevent deployment of observers in some areas of the country and which restrict their movements in others, the Center conducted a limited election observation mission and did not offer a comprehensive assessment of the electoral process. However, observers' findings and analysis were shared with HNEC and the public in a spirit of cooperation to enhance the quality of future elections.

Carter Center observers come from eight countries including Canada, Cyprus, Egypt, Germany, Iraq, Sudan, the United States, and Yemen. The Carter Center has been welcomed by representatives of the National Transitional Council, political entities, and civil society.

The Center found that despite the country's inexperience with elections, and the creation of the HNEC only in January 2012, the election commission effectively conducted the polls in a politically sensitive and potentially volatile environment. Libyan voters and polling staff on election day demonstrated dedication and enthusiasm to a successful democratic transition.

In a preliminary statement released on July 9, 2012, the Center offers the following recommendations to be considered for future elections:

• Consolidate the electoral law to include polling, counting, and tabulation procedures, as well as all other important aspects of the legal framework.
• Encourage consensus building of Libya's diverse population to ensure an inclusive electoral system and fair representation for all its citizens.
• Enhance the work of the HNEC and Ministries of Interior and Defense to coordinate formal election security and develop robust security plans.
• Develop electoral dispute resolution procedures and judicial bodies to provide for a timely and effective remedy to challenges and appeals by voters and candidates.
• In drafting a new constitution and in future elections, allow adequate time for preparations, deliberation, and public consultation.
• Apply important lessons learned during the General National Congress elections to future electoral activities and in support of Libya's continued democratic development.

Press release: Carter Center Launches Limited Election Observation Mission to Libya >

Press release: Carter Center Congratulates Libyans for Holding Historic Elections >