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OPINION: The Libyan Transitional Government: Challenges and Recommendations
28/11/2011 12:22:00
By Mohamed Eljarh*

Effective transitional governance is one of the most pressing challenges facing the reconstruction and stabilisation in Libya, post February 17 Revolution. However, absent functioning institutions of governance will be an obstacle on the way of securing lasting peace by the recently appointed new government.

Effective governance is not a mission that the new prime minister can afford to ignore; it is a necessity for successful reconstruction and stabilisation operations and the ultimate elimination of all the threats that face the new Libya.

It is essential for the new Libyan leaders embodied in the National Transitional Council to ensure that there is a mandate that gives the new prime minister executive authority and provides adequate personnel and money for national and local governance, transitional strategies, and administration.

In order for the new government to fulfil its role, the government must be able to, firstly, procure enough resources to quickly set up ministries and other key local and national government institutions.

Secondly, develop plans to provide resources to fund, train, and equip local and national civil service employees.

Thirdly, the government will need to create a mission structure that provides for unity of purpose between civilian and military components and for broad participation from contributors by including key contributing nations and neighbouring countries such as, Egypt, Qatar, UAE and the NATO countries in consultative, administrative, or support structures.

Also and equally important, assigning robust security forces who are authorised to prevent the resumption of hostilities, including robust police units capable of operating in anarchic conditions, followed by individual police, judicial, and penal personnel to restore the rule of law, and embedding governance advisors in the new structure to be responsible for establishing local authorities in advance of civilian deployment in disturbed areas such as Sirte and Bani Walid. This is a key contributor to lasting peace.

It is worth pointing out that there is a short window of opportunity, which typically lasts from the date of formal appointment to the eight months deadline for the new government lead by Abdurrahim el-Keeb, to develop public institutions and programmes.

This widow of opportunity can be effectively seized by incorporating legitimate components of the former local and national governance and bureaucratic structures into the transitional administration as quickly as possible.

Also by implementing revenue-generating or revenue-management strategies, and ensure that the constitution-writing process is inclusive, consultative, transparent, and participatory, while also providing legal advisors and conducting public information campaign on the process.

The new government will also need to create institutions of consultation and co-administration at the local and national levels by committing to empowering, training, and funding local personnel all over the country in co-administrative or administrative governance structures, and ensuring communication and co-ordination between local and national governance structures.

Corruption is another key challenge for the new government.

Therefore, for the new government to have credibility amongst the people, it has to curb corruption at all levels by providing legal advisors and consultants to help develop anti-corruption legislation, designing anti-corruption public education campaigns, empowering indigenous watchdog mechanisms, ensuring that civil service personnel are properly compensated and that they receive adequate salary payments in full and on time, and establishing a system of meritocratic criteria for civil service nationally.

The government will also need to provide initial accountability through audits and oversight in key agencies and ministries to ensure that political processes and institutions are transparent and accountable, and develop civil society’s monitoring capabilities so that they can operate as independent watchdogs.

Lastly, it is also essential to incorporate power brokers, including spoilers, if possible, into the political process. If they refuse to be incorporated in the peaceful process, constrain them from violence or else they can be challenged and removed from the community.

The new government should also seek out and empower new political leaders, especially those on the local level. Furthermore, facilitate the development of political representation, the registration of political parties and candidates, and the implementation of political education and training programs.

It is advisable to allow time for political processes and the rule of law to mature before holding national elections. One way of doing that can be by holding local elections when circumstances permit before national elections.

For example, the town of Zuwara has witnessed the first ever local elections in Libya to appoint their council, it is also reported that Misurata is going to hold local elections in the coming days to elect their local council.

It is also essential to disarm and demobilise combatants and other armed groups and develop strategies to reintegrate these groups before elections are held and ensure the rights of minorities are protected by the rule of law.

*(The writer is a UK based Libyan academic researcher and political, social development activist. He is also co-founder and Public Affairs Director of the Libyan Academy for Creativity and Innovation. He is from the city of Tobruk in Eastern Libya. Email: m.eljarh@yahoo.co.uk)
 
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