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Libya, Final Report, General National Congress Election, 7 July 2012

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Libya, Final Report, General National Congress Election, 7 July 2012 LIBYA FINAL REPORT General National Congress Election 7 July 2012 EUROPEAN UNION ELECTION ASSESSMENT TEAM This report is produced by the Election Assessment Team of the European Union (EU EAT) and presents the findings of the Mission on the election of the General National Congress in Libya. This report should not be relied upon as the opinion of the European Union. The European Union does not guarantee the accuracy of the data in this report, nor does it accept liability for any use made thereof. European Union Election Assessment Team in Libya. Page 2 of 118 Final Report – General National Congress Election - 2012 I. SUMMARY 3 II. INTRODUCTION 6 Political Context .................................................................................................................................. 6 Political landscape before the campaign............................................................................................ 7 III. LEGAL FRAMEWORK 8 Overview ............................................................................................................................................. 8 Electoral Framework .......................................................................................................................... 8 Suffrage Rights ................................................................................................................................... 9 Universal and Regional Standards ...................................................................................................... 9 Delimitation of Constituency Boundaries ......................................................................................... 10 Electoral System ............................................................................................................................... 10 IV. ELECTION ADMINISTRATION 11 Composition and structure of the High National Election Commission (HNEC) ............................... 11 Election preparations ....................................................................................................................... 13 V. VOTER REGISTRATION 14 Internally Displaced Persons ............................................................................................................. 14 Out of Country Voting ...................................................................................................................... 15 VI. REGISTRATION OF POLITICAL ENTITIES AND CANDIDATES 15 VII. ELECTORAL CAMPAIGN 16 Campaign finance ............................................................................................................................. 17 Pre-electoral tensions ....................................................................................................................... 17 VIII. VOTER INFORMATION AND CIVIC EDUCATION 18 International Support for the Electoral Process................................................................................ 19 IX. MEDIA 19 Media landscape .............................................................................................................................. 19 Legal framework of the Media ......................................................................................................... 20 Media coverage of election .............................................................................................................. 21 X. HUMAN RIGHTS – PARTICIPATION OF WOMEN 23 Legal Framework on Gender Equality .............................................................................................. 23 Women in the election campaign ..................................................................................................... 24 Women in the election administration ............................................................................................. 25 Women candidates ........................................................................................................................... 25 Women and civil society ................................................................................................................... 26 National Council for Civil Liberties and Human Rights ..................................................................... 26 XI. CIVIL SOCIETY ORGANISATIONS AND ELECTION OBSERVATION 26 National Observers ........................................................................................................................... 27 International Observers .................................................................................................................... 28 XII. COMPLAINTS AND APPEALS 28 Pre-election complaints .................................................................................................................... 29 Post-election complaints .................................................................................................................. 30 European Union Election Assessment Team in Libya. Page 3 of 118 Final Report – General National Congress Election - 2012 XIII. ELECTION DAY 32 Pre-election day security .................................................................................................................. 32 Opening of polling stations and voting ............................................................................................ 32 Closing, counting and transmission of results .................................................................................. 33 National tabulation of results........................................................................................................... 33 XIV. RESULTS 34 Announcement of Results ................................................................................................................. 34 XV. RECOMMENDATIONS 36 Constitutional and Legal Framework ............................................................................................... 36 Election Administration .................................................................................................................... 37 Voter Registration ............................................................................................................................ 38 Registration of Political Entities and Candidates .............................................................................. 38 Voter information and Civic education ............................................................................................. 39 Media ............................................................................................................................................... 39 Human Rights – Participation of Women ......................................................................................... 39 Complaints and Appeals ................................................................................................................... 40 XVI. ACRONYMS 42 XVII. ANNEXES 42 I. SUMMARY 1. At the invitation of the Government of Libya and of the High National Election Commission (HNEC), the European Union established an Election Assessment Team (EU EAT) for the election to the General National Congress of 7 July 2012. In view of the security situation and the population distribution in the country, the EU considered the EAT format to be more suitable than a standard Election Observation Mission (EU EOM). The EU EAT Libya 2012 was led by Mr Alexander Lambsdorff, a member of the European Parliament. Mr Lambsdorff visited Libya from 20 June to 23 June and from 5 to 10 July. 21 Election Experts, nationals of 19 Member States of the European Union (EU), were deployed to eleven out of the 13 districts in Libya, in order to assess the electoral process under Libyan laws and the international standards for democratic elections. The EU EAT is independent in its conclusions and adheres to the UN Declaration of Principles for International Election Observation. 2. The election to the General National Congress (GNC) was an essential step in the process of the democratic transition initiated after the Revolution. So far, political and institutional bodies, together with civil society, have shown a clear willingness to anchor sustainable democratic principles in the country. This consensus, developed in a context of greater freedoms, made possible the election of 7 July and reinforced the role played by the Libyan people in their powerful support for democratisation. 3. The period of transition was led by the National Transitional Council (NTC). This body, recognised by the international community, was composed of members appointed by local councils, anti-Qadhafi forces, and headed by the Former Minister of Justice. The NTC passed legislation excluding all its members, all persons in governmental positions, local council members and election administration officials from standing in the election for the General National Congress. The NTC functioned as a sort of European Union Election Assessment Team in Libya. Page 4 of 118 Final Report – General National Congress Election - 2012 proto-parliament in order to rule in the absence of democratically elected bodies, the General People’s Congress of the former regime having been disbanded immediately after the Revolution. 4. The Libyan constitutional and legal framework complies with international standards and best practices for democratic elections, although it provided only the basic provisions for the holding of elections. In particular it contains measures to protect civil and political rights, including freedom of
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