The final statement in Berlin came in nine pages and it included pledges to cease-fire and embargo on Libya in accordance with Security Council resolutions, as well as the steps that will be initiated in order to launch a path for a political settlement in Libya. But in addition to the closing statement, an appendix called ‘ The Libyan Baskets’ was issued, which are the paths that the UN mission in Libya will work based on the outputs that emerged in the Berlin conference in order to end the Libyan crisis.
The Baskets were as follows;
First; the political track – The document states that all Libyans wish to unify their country’s executive, sovereign, economic, financial, military, and security apparatus. Also, the United Nations Mission in Libya will engage in extensive consultations with the parliament in Tobruk and the State Council in Tripoli, and with local parties in order to reach the re-establishment of an effective executive branch, which is a clear indication of the establishment of the Libyan government. There is also a plan to prepare a forum for Libyan political dialogue, which will be in Geneva and consists of 40 members, 13 are from Parliament in Tobruk, 13 from the State Council, and 14 from the civil society associations, forums, and think tanks. Then a presidential council is chosen with three heads, and a prime minister and two deputies are chosen. The government presents itself to Parliament in order to gain confidence and Parliament will have the legislation in effect in the constitutional declaration until new elections are held in the country.
Second; the economic track-The document states the importance of unifying and strengthening Libya’s economic and financial institutions, and in this respect the role of Libyan institutions such as the Petroleum Corporation and the Central Bank of Libya and strengthening the departments that supervise these two institutions.
Third; the security track-There are a series of steps to strengthen the principle of the parties accepting a ceasefire, and calls for a truce to stabilize the security situation in the country. The demobilization of the armed factions in Tripoli and the reunification of the security institutions. This course consists of the first step, which provides for the establishment of the joint military commission, five officers from each party who are regular officers of the armed forces or of the police, and under the supervision of the United Nations. The second step is to strengthen the armistice situation so that there will be no breaches. Ground position to zero. The third step is to achieve negotiations between the ten officers so that the project to build the armed forces can be completed in the future.
Fourth track; arms embargo- The responsibility of the arms embargo rests with the Security Council and the United Nations Sanctions Committee. The text explains the commitment of the Security Council to preserving violations of the arms embargo. The council is also working to build confidence to support the ceasefire process between the two parties in Tripoli, Provided that all parties that participated in Berlin adhere to the arms embargo process, with international monitoring of airports, ports, and land in order for this international ban on bringing arms from abroad to Libyan territory to succeed.
Sixth; The human rights track- The last article provides for encouraging respect for human rights and achieving the principles of the United Nations in international peace and security and the creation of an atmosphere that helps humanitarian workers to carry out their humanitarian tasks easily in providing assistance and relief to those who have been displaced due to current events.
Notes on the Libyan Baskets;
• On the political track, the Libyans desire to unify their institutions does not take place at random, as proposed but must be done through governance and transparency, meaning that all of what these Libyan institutions have experienced from 2011, whether financial, administrative, or political, must be verified before judicial authorities because there are grave mistakes that have been committed whose perpetrators must be subject to Libyan justice and law. Especially since it has had economic damages for all Libyans. There are economic crimes that have caused serious damages to the Libyan people and must be taken into account, such as the investment funds and financial portfolios that have been tampered with abroad. Also, the issue of forming a government must be subject to transparent standards and parties that have committed crimes against the Libyan people and those whose hands are contaminated with blood or political corruption cannot exist in the government that is to be formed but rather the government must be made up of patriotic personalities known for their integrity and political purity.
• On the economic track, there are three institutions that must be reviewed and those in charge of these institutions submitted before judicial authorities. The Central Bank’s administration in which a decision was issued by Parliament, which is the legitimate and authorized body to appoint or assign a governor but Sadiq Al-Kabir did not implement the decision, which is an explicit legal violation punishable by Libyan law. The Oil Corporation issued a decision by the government of Ali Zaidan to move to the city of Benghazi, and its president Mustafa Sanaullah did not implement the decision, which is also against the law as the corporation is affiliated with the Council of Ministers. The Foreign Investment Company has many notes and transgressions from the Audit Bureau. These economic institutions, the Libyan baskets, did not talk about what happened within them from crimes that have violated the Libyan law. They were considered to be performing the highest standard of work while they practiced mistakes and gross financial and administrative transgressions that have harmed the future of the Libyan people’s economy.
• On the security track which is one of the most important tracks, but a very short vision was set for it. Berlin ignored the Cairo meetings that had took place between Libyan officers from the armed forces and officers present in Tripoli from the army with the government of Al-Wefaq, the committees of these meetings reached positive results but these successes achieved in Cairo were thwarted after being placed under pressure from the Muslim Brotherhoods government. The goal was to achieve a national guard similar to the Iranian experience. Also, the issue of disbanding the militias is unclear and they were described in the basket as armed groups only without the militia’s expression. The dialogue of five officers is an attempt to marginalize the outcome of the Cairo meetings between officers from both sides. There will be no clear understanding as to the armed forces officers’ control 90 percent of Libya. There will be an obstacle to reaching any achievement because the Al-Wefaq officers will continue to be under Islamic Brotherhood-led presidential pressure.
The arms embargo- The Berlin basket did not indicate the failure and negativity practiced by the Security Council, which by virtue of the resolutions 1970 and 1973 issued by the Council affirm that Libya is under Chapter VII. This prohibits the export or entry of any weapons to Libya. At a time when the world sees weapons entering Libya through television stations, the head of the UN mission and his staff watch the entry of these weapons and the entry of ISIS mercenaries who are on terrorism lists that are brought to the Security Council.
There is a dilution of the vision in the Berlin basket due to the unjustified bias of some international and regional parties. When an international organization which calls for peace on a global scale fails in such a suspicious way, it becomes unacceptable and calls for ridicule from international institutions.
The human rights course is disappointing. Unfortunately, Ghassan Salame told a lot of lies at the press conference when He said that the UN mission had provided the Libyans with everything they wanted and that they had not left Libya. What did Salameh bring to the table besides being aligned to a party? He did not talk about the victims of Gargour, Tamnant, Karbouli and the slaughters in Darnah and Benghazi so where are these human rights that he speaks of? He is also not located in Libya, but in Tunisia. The Benghazi office was finally opened given the safety of the city and Salame did not say a single word about the national army’s effort to achieve security and safety in eastern Libya, their war on terror or the elimination of illegal immigration in the liberated areas.
What happened in Berlin is a very dull dilution of an international failure to end the Libyan crisis. There were no clear milestones for any real solution.
So we subtract the following
1. Injustice, the issue of the militias is clearly presented in Berlin, until the German chancellor’s answers to the journalists’ questions regarding the dissolution of the militias at the press conference were very shy.
2. The operation of mercenaries, shabiha and Turks was not spoken of as a major threat to the security of the Mediterranean and regional countries, a clear spread of terrorism in these areas, and what King Abdullah of Jordan told the station ‘France24’ about the dangers of bringing Idlib’s mercenaries/ISIS to Libya should be shown to everyone.
3. The issue of the withdrawal of the Turks and mercenaries from Libya as foreign forces that violated Libyan sovereignty. The statement has drifted away from this issue which is the core of the crisis and will not bet on a cease-fire in light of this situation that threatens security and stability in Libya and neighboring countries, i.e. the countries of the region especially Egypt. Egypt’s national security is at imminent risk due to mercenaries arriving in Libya. The country has reached a major achievement for its national security after the liberation of Derna and the arrest of Hisham Ashmawy for trial as an international terrorist In Egypt.
4. There was nothing in the statement for any mechanism by which militias were disbanded, for example, the handing over of weapons to the national army, or how foreign and mercenary forces were to leave Libya.
The Berlin Conference will remain positive in the following;
• First- A major international recognition that the Libyan army led by Field Marshal Khalifa Haftar is the army that Libya is supposed to deal with internationally because of its real power on the ground and through its leadership the international community can reach an effective solution by which the entire Libyan stalemate can be ended.
• Second- The thwarting of Erdogan and the Muslim brotherhoods scheme in Libya. Revealing their project to transform Libya into an Ottoman colony in the Mediterranean in order to stand behind the Egyptian regime that destroyed the previous leader’s dream in Egypt.
• Third-The international community is beginning to learn about the reality of the situation in Tripoli and the militias that rule and stand in the way of establishing a civil state and constitutional institutions in Libya.
• Fourth- Emphasizing that the greatest player in the political scene in Libya is Field Marshal Khalifa Haftar, and he is the only one capable of resolving both military and political battles. Likewise, he is the largest number charting the next political stage in Libya.
Nasser Aldaaysi
Sahara Centre of Research and Studies.