Isolation law: change on the way?

In the News | 06-05-2013

On 5 May the General National Congress (GNC) voted overwhelmingly to pass the so-called 'political isolation' law, which bars those who held senior public positions at any time between 1969 and 2011 from taking up similar posts in the future.

The Gaddafi-era posts mentioned in the draft of the law, which was published several days before the vote, include ambassadors, ministers, deans of educational institutions and the heads of state media outlets, local councils, the police and the armed forces.

Individuals who held such positions will now be banned from taking up other similar roles for a period of 10 years. 

The legislation has proven to be controversial and divisive, winning support from some sections of Libyan society and attracting fierce opposition from others. 

One criticism levelled against the draft law has been the vagueness of its terms, which means its impact will depend largely on how the legislation is interpreted, who enforces it, and how quickly it is carried through.

Several ministers in the current interim government held positions under the Gaddafi regime, and in the near future they may come under pressure to lose their posts, even though it is unclear whether some had held sufficiently senior posts to be banned.

Current prime minister Ali Zeidan, for instance, served as a diplomat for a period during the Gaddafi era but - unlike parliament speaker Mohamed Magarief - was never an ambassador.

Another key question will be how the ban applies not just to senior ministerial positions, but also to the myriad state-owned companies, agencies and funds which play such a major role in the Libyan economy.
 
Although more junior roles are not specifically covered in the new legislation, those entities may now come under greater pressure from the law's supporters to remove managers who held their positions prior to 2011 or who were deemed to have been opposed the 2011 revolution - an offence which is also included in the law.
 
This raises the possibility of a more widespread purge that could encompass bodies or posts that are not specifically mentioned in the law's terms.
 
The legislation also envisages setting up a special commission to investigate and enforce the measures. This may involve establishing a completely new body, or renaming and restructuring the current Integrity and Patriotism Commission, which has been responsible for screening public-sector positions since the end of the 2011 conflict
 
The commission has so far acted to bar not just senior figures - some ministers proposed in the Zeidan government were rejected - but also lower-level managers in state-owned banks or agencies.

Who controls the new body, and how resistant it is to pressure from political parties or independent armed groups, will also play a part in shaping the impact of the law.

It is too soon for answers to these questions, but it seems likely in the short-term that the law will create yet more uncertainty at the decision-making level and hamper the current government's ability to implement its plans.

Written by: Libya Report