Selective Democracy

Selective Democracy

[caption id="attachment_55241944" align="alignnone" width="620"]Libyan protesters hold placards and banners during a demonstration in support of the 'political isolation law' in Libya's landmark Martyrs Square on May 5, 2013 in Tripoli, Libya. MAHMUD TURKIA/AFP/Getty Images Libyan protesters hold placards and banners during a demonstration in support of the 'political isolation law' in Libya's landmark Martyrs Square on May 5, 2013 in Tripoli, Libya. MAHMUD TURKIA/AFP/Getty Images[/caption]

This Tuesday, May 28, Mohammed Magarief, the president of Libya’s General National Congress (GNC), tendered his resignation. The beleaguered leader has only held his office since August last year, when he was elected by the GNC to facilitate Libya’s transition to a democratic system.

Magarief’s resignation came three weeks after Libya’s Congress voted overwhelmingly in favor of the so-called political isolation law that bans politicians associated with the former Gaddafi regime from serving in the new government. The law contains broad and sweeping restrictions from holding public office, making no distinction between lower-level bureaucrats and those who actively upheld Gaddafi’s oppressive policies. Political analysts and human rights activists have criticized the law for its vague wording, which they say will be exploited to persecute and oust former Gaddafi politicians with no blood on their hands.

Magarief’s resignation is a prime example of how this law can be misused—he served as the Libyan ambassador to India under the Gaddafi government briefly during the late 1970s. He defected in 1980 to join the opposition. In exile, he helped found and lead one of Libya’s largest and most notable opposition parties, the National Front for the Salvation of Libya. Despite Magarief’s anti-Gaddafi opposition career spanning over thirty years, and his extensive role in the 2011 Libyan uprising and civil war, the political isolation law, if effectively applied, targets him, as well as prime minister Ali Zeidan, for dismissal. In a statement made live on Libyan television, Magarief cited the law as the reason for his resignation: “Parliament passed a political isolation law, and everyone must comply with it.”

Perhaps more troubling than the law itself is the conditions under which it was passed. In the months before Congress held the vote, militias campaigned for its enactment by staging armed protests, attacking police offices and threatening congressmen. Magarief was also targeted when gunmen shot at his car earlier this month. Just days prior to the vote, armed groups laid siege to Libya’s foreign and justice ministries, threatening the GNC with an unending blockade unless the legislation was passed. And it was, the GNC passed the law with a vote of 164 to 4, with 19 GNC congressmen abstaining.

These events have set an unfortunate precedent for armed political groups in Libya. By passing the law, the GNC has not only proven itself vulnerable to coercion, it has also validated the violent methods by which militias campaigned for the legislation. The militias—despite being a minority voice—now find themselves with significant political clout, which they have acquired with their weapons and which promises further instability and violence. The militias have created a political climate dangerous to those who oppose them. Furthermore, they have paved the way for other armed groups to impose their political goals in the same manner.

The irony is not difficult to grasp. Less than two years ago, it was these same groups that fought against Gaddafi’s brigades under the banner of democracy. It was these same groups that suffered under Gaddafi’s violent dictatorial policies—policies that were carried out by the threat and use of weapons. These militias risked life and limb to overthrow a military government in favor of one that was representative of all of Libya. It is now these same groups that are perpetuating the legacy of Gaddafi’s regime to institute their own demands, a distorted version of democracy that is more inclined to exclude rather than include. They once struggled to have a voice against the oppressive Gaddafi regime; now, they are the ones drowning out the dissenting voices. Their political posturing is not about keeping the legacy of Gaddafi out of the new government—it is about ensuring their legacy has a place inside it.

In its current state, the political isolation law ensures Libya will have to suffer through at least another year of political instability. When put into effect in early June, the law will likely remove Prime Minister Zeidan from office, as well as Jumaa Attiga, the GNC’s deputy chairman. These next few months will see a power shift. As Magarief steps down and the GNC convenes to choose a new leader, the GNC’s short political history indicates this will be a contentious process.
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