Libya--2011 FDA Global Electoral Fairness Audit Report

2011 FDA Global Electoral Fairness Audit of Libyas Republic Electoral System (under Gaddafi)Executive Summary: Libya received a failing overall score of 0 percent for electoralfairness. The score means that the constitutional and legislative basis for Libyas politicalsystem is completely unfair. With the Supreme Command Council in complete control of thecountry, the elected Basic Peoples Congress is irrelevant. There is no overall element ofdemocracy in Libyas political system. Electoral Fairness Audit Completed July 18, 2011. Updated October 3, 2011

About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement ("FDA")s mission is to advance fair andtransparent democratic processes wherever elections occur. The FDA believes that fairerelectoral systems and a more informed public will help ensure the election of candidates whotruly represent the will of the people. The FDA fulfills its mission by performing detailedelectoral audits on political candidates and parties to inform the public, objectively andimpartially, about their electoral choices. Also, the FDA audits electoral legislation in terms offairness and equity, and conducts ground level assessments of democratic processes. (For moreinformation on the FDA visit: www.democracychange.com)Purpose of Electoral Fairness Audit:The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade andranking for electoral fairness in Libya at the republic level of government. This Audit is part ofthe FDA’s global audit of electoral fairness involving all countries which hold political elections.The FDAs goal is to give the citizens of Libya an informed, objective perspective of the fairnessof the Libyan republic electoral system.The views in this electoral fairness audit are the views of the FDA only. The FDA’s members andvolunteers are in no way affiliated with the Libyan government or any of the Libyan oppositionelements. The Audit is an independent assessment based on objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability for any errors in the calculation ofits audit results or inaccuracies in its research of relevant Libyan legislation.Methodology of the Electoral Fairness Audit:The FDA uses the methodology of more reasonableness which was created by FDA founder andexecutive director, Stephen Garvey. The methodology focuses on facts themselves for fairnessand unfairness, and their comparative numerical value. To determine the correct numerical valuefor facts, FDA auditors are guided by matrices which show the numerical value of establishedfacts, and FDA scoring scales for fairness and unfairness.The FDA focuses on four key areas of electoral fairness:1) Laws and regulations on the political content of media including newspapers, broadcasters andonline media before, during, and after elections;2) Laws and regulations on the candidates’ and parties’ influence before, during and afterelections, such as national televised debates, restrictions on candidate nominations, partyregistration requirements, etc.;3) Laws and regulations on electoral finance, such as party and campaign donation limits, thirdparty spending limits etc.; and Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya

4) Laws and regulations on voter say before, during, and after an election. The FDA auditorsdetermine the fairness of Libyan laws and regulations for voter say in the media, at the pollingbooth, through electoral finance and constitutional laws etc.The FDA audits these four areas of electoral fairness because, in our opinion, they are oftenignored or overlooked by the international community in determining electoral fairness.Moreover, these four areas cover broad aspects of the electoral process in which fairness couldbe compromised significantly. The FDA acknowledges that electoral laws and regulations maynot necessarily correspond to the implementation of those laws and regulations or the public’sresponse to them. The implementation and response could be positive or negative, in terms ofelectoral fairness. Nevertheless, laws and regulations provide the foundation for democracy,framework for the electoral system, and an indication of electoral fairness. Also, a countrysconstitutional and electoral laws are part of the reality of its democracy. A further study whichtracks the actions of mainstream media and the enforcement or non-enforcement of electorallaws and regulation, for example, would provide a more reliable overall determination ofelectoral fairness.The FDA researched current Libyan legislation, in relation to the four areas of electoral fairnessbeing audited. Following which, the FDA audited the research results via the FDA electoral auditteam and established FDA matrices and scoring scales. The scores and the reasons for them arerecorded.Weighting and Scoring:Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness andrelevancy. Each area of electoral fairness has a score range between 0 and 10, and each area iscounted equally. The FDA auditors allow for overlap of electoral fairness areas, due to theinterconnectedness of the areas. For example, electoral finance will be factored into the score forvoter say and candidate and party influence if it is relevant to these areas. The total averagedscore will provide an indication of the electoral fairness in Libya.The FDA electoral audit team deliberated on the research on each area of electoral fairness, andthen attempted to reach consensus on the scores. When no consensus could be reached, theindividual scores of the team were averaged. The final score for each area must be supported bymore sound reasons and correspond to the established FDA matrices and scoring scale.FDA Researchers:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development(University of Cambridge). Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya

FDA Electoral Fairness Audit Team:Chief Electoral Auditor:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development(University of Cambridge).Electoral Auditors:Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA volunteer.Mr. Daniel McDermott, FDA technical and marketing executive, researcher, and fourth yearPolitical Science major (University of Calgary).Ms. Gillian Hunter, third year Law major (University of Edinburgh), FDA volunteer, andScottish citizen.Mr. Davood Norooi, Masters degree in Mining Engineer, former employee of the NationalIranian Oil Company, FDA volunteer, and Iranian citizen.Mr. Geoff Thiessan, bachelor degree in English Literature (University of Calgary), formerfreelance reporter, Surface Land Administrator and FDA volunteer.Ms. Larisa Vortman, diploma in teaching, ten years teaching experience, FDA volunteer andresearcher, and Russian citizen.© 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K 1P0info@democracychange.com Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya

Table of Contents:Chapter 1: Political Content of Media 7Executive Summary 7Research Excerpts 7Score 8Rational 8Chapter 2 Equality of Political Candidate and Party Influence 9Executive Summary 9Research Excerpts 9Score 11Rational 11Chapter 3: Equality of Electoral Finance 12Executive Summary 12Research Excerpts 12Score 13Rational 13Chapter 4: Equality of Voter Say 14Executive Summary 14Research Excerpts 14Score 16Rational 16Chapter 5: Overall Audit Results 18Chapter 6: Analysis 19

Chapter 7: Conclusion 20Chapter 8: Recommendations 21References: 22Appendix: FDA Global Audit Results 23

Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Libyan laws and regulations withrespect to the political content of media, including newspapers, broadcasters and on-line media,before, during and after elections.Executive Summary:Libya received a score of 0 percent for equality of political content. Libyas media andbroadcasters are controlled by the state, and they must conform to the ideology and goals of thestate. Although Libya allows two Arabic satellite channels, political content is censored,including on the internet. The Libyan state imposes severe penalties including the death penaltyfor individuals who act contrary to the state.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Article 13 [Expression]Freedom of Opinion is guaranteed within the limits of public interest and theprinciples of the Revolution.The government runs and strictly controls all media in Libya. Law on Publications No. 76 of1972, modified by Law 120 of 1972 and Law 75 of 1973, governs the press and restrictspublishing rights to two public entities: Al Dar al-Jamahiriya and the General Corporation ofPress, Professional Unions, and Syndicates.The government owns all print and broadcast media outlets. There is a state-run daily newspaperand several smaller newspapers published by the local Revolutionary Committees. Opinionscontrary to those of the government are not allowed. No privately owned radio or televisionstations are permitted.The official news agency is the Jamahiriya News Agency (JANA).Foreign newspapers and magazines are limited in availability and frequently censored, and theirdistribution is at times prohibitedThe two exceptions to the state’s control of the media are satellite television (especially Arabicnews channels like al-Jazeera and al-Arabiyya) and the Internet. In January 2011 the Libyangovernment blocked access to at least seven independent and opposition Libyan websites basedabroad, including Libya Al Youm, Al Manara, and Libya Al Mostakbal.[Arab foreign news channels allowed and no control of the Internet.]Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 7

Electoral Fairness Audit Results for Media and Broadcasters:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10Rational for Score:The Libyan state has complete control over media and broadcast networks. The state does notallow privately owned radio and television.Political content must conform to the ideology and goals of the state.The internet is filtered based on political content.The two Arabic news channels (al-Jazeera and al-Arabiyya) permitted by the state via satellitetelevision may be subject to censorship. These news channels are pro-Arab.The 0% score reflects the complete control the Libyan state has over Libyan media andbroadcasters. Political content which is counter to the ideology and goals of the Libyan state arenot permitted.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 8

Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Libyan laws and regulations withrespect to the fairness of candidates and parties’ influence before, during and after elections.Executive Summary:Libya received a failing score of 0 percent for equality of candidate and party influence. Libyanpolitical parties are illegal, and political content must conform to the ideology and goals of thestate. Also, the elected Basic Peoples Congress is fully controlled by the Supreme CommandCouncil. There is complete overall unfairness for Libyan political candidates and parties who areagainst the state.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Article 13 [Expression]Freedom of Opinion is guaranteed within the limits of public interest and theprinciples of the Revolution.Article 18 [Revolutionary Command Council]The Revolutionary Command Council constitutes the supreme authority in the LibyanArab Republic. It will exercise the powers attached to national sovereignty,promulgate laws and decrees, decide in the name of the people the general policy ofthe State, and make all decisions it deems necessary for the protection of theRevolution and the regime.Article 19 [President, Council of Ministers](1) The Revolutionary Command Council appoints the President and the Council ofMinisters. It may appoint deputies for the Prime Minister and Ministers withoutportfolio. It may discharge the Premier and Ministers and accept their resignation. Butthe resignation of the Premier carries with it the resignation of all Ministers.(2) The Council of Ministers insures the execution of the general policy of the State inaccordance with the decisions of the Revolutionary Command Council.(3) The Council of Ministers is collectively responsible before the RevolutionaryCommand Council. Each Minister is responsible for his department before the PrimeMinister.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 9

Article 20 [Promulgation]The Council of Ministers shall study and prepare all projects of law within theframework of the general policy outlined by the Revolutionary Command Council. Itwill then forward the proposed texts to the Revolutionary Command Council forconsideration and promulgation.[Revolutionary Command Council has supreme, unelected power.]The Arab Socialist Union acts as the only political party, mobilizing citizens for politicalinvolvement.National elections in Libya are held indirectly through a hierarchy of committees. Intheory, every three years all citizens 18 years and older must participate in the elections ofthe leaders of local Basic People’s Congresses. Members of the Basic People’s Congresseschoose their Basic Local Committees, who in turn, participate in the elections of theGeneral People’s Congress. The General People’s Congress then chooses the GeneralPeople’s Committee.The 1994 Purge Law was established to fight financial corruption, black marketeering, drugtrafficking, and atheism.Political parties are illegal. Law 71 of 1972 bans any group activity based on politicalideology contrary to the principles of the 1969 al-Fateh revolution.Law 19 of 2003 and Law 71 of 1972 regulate the formation and activity of associations in Libya.Associations engaging in political activity are illegal and political activity is defined as anyactivity based on a political ideology contrary to the principles of the 1969 al-Fateh Revolution.Violators of the law can be put to death. The Libyan authorities have imprisoned hundreds ofpeople for violating this law, and some have been sentenced to death. The law is typically used todisband Islamist political organizations, as in 2002 when 86 professionals and students weresentenced to jail for their membership in the Libyan Islamic Group. Article 206 of the penal codealso imposes the death penalty on those who call “for the establishment of any grouping,organization or association proscribed by law,” and for those who belong to or support such anorganization.(3) Peoples Congresses:1. The Libyan People is divided into basic Peoples Congresses.2. All citizens register themselves as members of the Basic Peoples Congress* in their area.3. Every basic Peoples Congress chooses among its members a committee to lead the Congress.(4) The masses of the Peoples Congresses choose Peoples Committees to administer all theservices. These Committees are responsible to the Peoples Congresses.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 10

Electoral Fairness Audit Results for Equality of Candidates and Parties:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.Rational for Score:Political parties are illegal.Political candidates for the Basic People’s Congress must form to the goals of the 1969revolution.The Revolutionary Command Council has supreme control politically over Libya.Civil sector organizations which are counter to the 1969 revolution are not permitted.The 0% score reflects the complete dominance of the state over political parties and candidates.Political parties have no influence on elections, because political parties are illegal, and politicalcandidates must conform to the principles of the 1969 revolution, and therefore their influence isdirected by the state. Candidates who act contrary to the 1969 revolution are not permitted.Severe penalties including the death sentence are imposed on citizens who act contrary to thegoals of the 1969 revolution.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 11

Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Libyan laws and regulations withrespect to the fairness of Libyan laws and regulations with respect to electoral finance.Executive Summary:Libya received a score of 0 percent for equality of electoral finance. The score means thatLibyas electoral finance laws are completely unfair. The FDA could not find Libyan electoralfinance legislation. However, because the Supreme Command Council has complete control overthe country, political content must conform to the ideology and goals of the state, political partiesare illegal, and severe punishments are imposed for acting contrary to the state, the FDA auditorsconclude that even if Libyan electoral finance laws exist, they would have no impact on Libyascomplete electoral unfairness.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Questionable election participation in 2004: Election result 2004 Aug 23, 2007 The last elections of the peoples congress took place in two stages: the first stage was on July 18, 2004 and the second on August 7, 2004. The Libyans elected 864 persons out of 11,000 candidates who would assume the tasks of congresses and peoples committees’ secretaries in 32 governorates that include 452 peoples congresses. The secretaries enjoy executive, legislative and financial powers in their districts. These elections were called "reconstruction elections." Baghdadi Mahmudi was appointed General Secretary of the General Peoples Committee on March 5th 2006 in succession to Shukri Ghanem. (Source: MENA Election Guide)The Arab Socialist Union acts as the only political party, mobilizing citizens for politicalinvolvement.National elections in Libya are held indirectly through a hierarchy of committees. Intheory, every three years all citizens 18 years and older must participate in the elections ofthe leaders of local Basic People’s Congresses. Members of the Basic People’s Congresseschoose their Basic Local Committees, who in turn, participate in the elections of theGeneral People’s Congress. The General People’s Congress then chooses the GeneralPeople’s Committee.(3) Peoples Congresses:Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 12

1. The Libyan People is divided into basic Peoples Congresses.2. All citizens register themselves as members of the Basic Peoples Congress* in their area.3. Every basic Peoples Congress chooses among its members a committee to lead the Congress.4. The masses of the Peoples Congresses choose Peoples Committees to administer all theservices. These Committees are responsible to the Peoples Congresses.Article 18 [Revolutionary Command Council]The Revolutionary Command Council constitutes the supreme authority in the LibyanArab Republic. It will exercise the powers attached to national sovereignty,promulgate laws and decrees, decide in the name of the people the general policy ofthe State, and make all decisions it deems necessary for the protection of theRevolution and the regime.Article 19 [President, Council of Ministers](1) The Revolutionary Command Council appoints the President and the Council ofMinisters. It may appoint deputies for the Prime Minister and Ministers withoutportfolio. It may discharge the Premier and Ministers and accept their resignation. Butthe resignation of the Premier carries with it the resignation of all Ministers.(2) The Council of Ministers insures the execution of the general policy of the State inaccordance with the decisions of the Revolutionary Command Council.(3) The Council of Ministers is collectively responsible before the RevolutionaryCommand Council. Each Minister is responsible for his department before the PrimeMinister.Article 20 [Promulgation]The Council of Ministers shall study and prepare all projects of law within theframework of the general policy outlined by the Revolutionary Command Council. Itwill then forward the proposed texts to the Revolutionary Command Council forconsideration and promulgation.Electoral Fairness Audit Results for Libyan Election Finance:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.Rational for Score:The FDA could find no Libyan laws or regulations on electoral finance.The 0% score is based on the state’s complete control over the election of members to the BasicPeople Congress. Candidates must conform to the goals of the 1969 revolution, and the mediaand broadcasters are partial, completely, to the state. The elections in Libya are not free or fair.Even if there were electoral finance laws, for example, limiting citizen donations to candidates,the finance laws would be canceled out by the state control over elections.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 13

Chapter Four: Voter SayChapter four will focus on the research and audit results of Libyan laws and regulations withrespect to the fairness of voter say laws and regulations before, during and after an election.Executive Summary:Libya received a score of 0 percent for equality of voter say. The scores means that there iscomplete unfairness for equality of voter say. Libya voters say is restricted in numerous ways:political content must conform to the ideology and goals of the state, political parties are illegal,groups and organizations contrary to the goals of the state are disallowed, and the elected BasicPeoples Congress is fully controlled by the Supreme Command Council. Libyan voters who areopposed to the state have no say in the public domain (without facing severe punishment) or atthe voting booth, while Libyan voters who support the state have say in the public domain(without consequences) and at the voting booth. There is no element fairness in voter say.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Libyan Constitution:In the name of the Libyan people who believe that peace cannot be achieved without justice, whoare conscious of the importance of strengthening the ties which unite them with all the people ofthe world who are struggling against imperialism; who understand fully that the alliance ofreaction and imperialism is responsible for their underdevelopment despite the abundance oftheir natural resources, and for the corruption which spread through the governmental apparatus;who are conscious of their responsibility in the establishment of a national, democratic,progressive, and unitary government.[Formation of political system counter to imperialism]Objectives of freedom, socialism, and unity.The present Constitutional Proclamation is made to provide a basis for theorganization of the state during the phase of completion of the national anddemocratic revolution, until a permanent constitution is prepared, defining theobjectives of the Revolution and outlining the future course.[Why hasn’t a new Constitution been made?]Article 6 [Socialism]The aim of the state is the realization of socialism through the application of socialjustice which forbids any form of exploitation. The state endeavors, through theedification of a socialist community, to achieve self-sufficiency in production andequity in distribution. Its aim is to eliminate peacefully the disparities between socialFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 14

classes and to attain a society of prosperity. Its inspiration is its Arabic and Islamicheritage, humanitarian values and the specific conditions of the Libyan society.Article 13 [Expression]Freedom of Opinion is guaranteed within the limits of public interest and theprinciples of the Revolution.There is no functioning civil society in the sense of independent organizations with viewsdiffering from the leaderships’. Although Libya has many organizations and associations,including three dealing with human rights, all have ties to the government.The Libyan Arab Committee for Human Rights, the Libyan Bar Association and the QadhafiFoundation for Development address human rights issues strictly within the limits of what thegovernment deems acceptable debate. They criticize the government at times. This is the caseespecially with the Qadhafi Foundation, which enjoys a high degree of protection. It wasfounded in 1998 by Seif al-Islam al-Qadhafi, Qadhafi’s son. Originally named the QadhafiInternational Foundation for Charity Associations, it has since been renamed the QadhafiFoundation for Development. It has been moderately vocal in criticizing human rights violationssuch as torture and political imprisonmentsThe 1994 Purge Law was established to fight financial corruption, black marketeering, drugtrafficking, and atheism.Only the elections for the Basic People’s Congresses are based on universal suffrage. Thegovernment is structured in a pyramid of committees and congresses, with each layerinvolved in the selection of the layer above. At the apex are the Revolutionary CommandCouncil and the General People’s Committee.The elected members (secretaries) of the various congresses and committees select themembers of the General People’s Congress.Law 19 of 2003 and Law 71 of 1972 regulate the formation and activity of associations in Libya.Associations engaging in political activity are illegal and political activity is defined as anyactivity based on a political ideology contrary to the principles of the 1969 al-Fateh Revolution.Violators of the law can be put to death. The Libyan authorities have imprisoned hundreds ofpeople for violating this law, and some have been sentenced to death. The law is typically used todisband Islamist political organizations, as in 2002 when 86 professionals and students weresentenced to jail for their membership in the Libyan Islamic Group. Article 206 of the penal codealso imposes the death penalty on those who call “for the establishment of any grouping,organization or association proscribed by law,” and for those who belong to or support such anorganization.According to the Law on Enhancing Freedom, “Citizens are free to establish and join tradeunions, professional and social federations and leagues and charitable associations in order toprotect their interests or achieve the legitimate objectives for which those institutions have beenestablished.” In reality, workers can only join the National Trade Unions’ Federation, which wascreated in 1972 and is administered by the People’s Committees.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 15

According to the law, applications for the formation of an organization or association must besigned by a minimum of fifty founders. If the organization plans to work country-wide, itsapplication goes to the secretariat of the General People’s Congress. If the proposed work islimited to a governorate, the application goes to the People’s Congress of that governorate. If thework is international, it goes to the whole General People’s Congress. There is no right to appeala decision denying a group’s application.Public assembly is permitted only with the governments approval and in support of thegovernments positions.The law provides for freedom of religion, and the government generally respects this right,although it represses Islamist groups, which it views as a threat to the regime.The Charter only guarantees freedom of expression within the system of People’s Congressesand “within the limits of public interest and the principles of the revolution.” Law 20 alsoqualifies the right to free expression. According to article 8, “Every citizen has the right toexpress and publicly proclaim his opinions and ideas to the people’s congresses and theinformation media of the Jamahiriya. No citizen shall be answerable for his exercise of this rightunless he exploits it with a view to detracting from the people’s authority or for personal ends.”The article continues: “It is prohibited to advocate ideas or opinions clandestinely or to attemptto disseminate or impose them on others through enticement, force, intimidation, or fraud.”Law 20 of 1991 on the Promotion of Freedom establishes the death penalty for anyonewhose continued existence would lead to the disintegration of Libyan society.Under the Revolutionary leader is a complex system which supposedly represents pure, directdemocracy based on the Green Book, the People’s Declaration of 1977, and subsequentlyenacted and ever-changing fundamental laws. It is based on a hierarchy of People’s Committeesand People’s Congresses that extend from the local to the central level.The Amazigh (Berbers), Libyas main cultural and linguistic minority, face discrimination andharassment by security officials. Libyan authorities do not allow schools to teach, or media touse, the Amazigh language. Libyan law also bans use of non-Arab Amazigh names on all officialdocumentation.Electoral Fairness Audit Results for Equality of Voter Say:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.Rational for Score:The state controls the political content of the media and broadcasters, and citizens.Libyan political content must conform to the goals of the 1969 revolution.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 16

The Libyan Supreme Command Council has complete control politically over Libya.The state enforces its political content laws through censorship and severe penalties including thedeath sentence.Political candidates for the Basic Peoples Congress must accept the goals of the 1969 revolution.The 0% score is based on the complete control of the Libyan state on the voters’ Libya. Libyanvoters who espouse the state ideology and goals will have say, while those voters who do not willbe silenced or converted through the state’s societal control. There is no voter equality in Libya.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 17

Chapter Five: Audit ResultsChapter five will set out the FDA’s scores for each of the areas of the Libyan electoral system asset out above.1. Research and audit results for Libyan laws and regulations on the political content of mediaincluding newspapers, broadcasters, online media, before, during, and after elections.0/102. Research and audit results for Libyan Laws and regulations on the equality of candidates andparties influence before, during and after elections.0/103. Research and audit results for Libyan laws and regulations on electoral finance.0/104. Research and audit results for laws and regulations on the equality of voter say before, during,and after an election.0/10Total score: 0/400 percentFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 18

Chapter Six: AnalysisChapter six will provide a brief analysis of the FDA’s findings.The Libyan overall electoral fairness score of 0 percent means that there is complete electoralunfairness in Libya, and any elements of electoral fairness are trumped by overall electoralunfairness.The FDA’s 0 percent score for Libya is the same as the FDA score for both Egypt (underMubarak) and Syria (current conditions under Assad).Libya’s electoral and constitutional laws and regulations, which are the foundation for anydemocracy, are completely undemocratic.Strict adherence to the principles as set out by the 1969 Libyan revolution mean that there can beminimal development toward a system that allows for the fair and democratic election ofcandidates who truly represent the people. The only political choice currently available is that ofunquestioning loyalty to the status quo.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 19

Chapter Seven: ConclusionChapter seven will provide a summary of the FDA’s findings.With an overall score of 0 percent Libya needs significant improvement in all four areas ofelectoral fairness.Libya is devoid of a foundation for democracy based on the concepts of political equality,electoral fairness, and liberty. The country is devoid of freedom for opposing views which wouldfoster and influence the course of the country’s decisions.The Libyan political system, through the government’s complete control of all facets of politicaldiscourse, is set up to keep the current regime in power for as long as the people accept thesystem as it currently stands, with minimal opportunity for oppositional views to grow.Elected members of the Basic People’s Congress can have no view beyond that of the goals ofthe 1969 Libyan revolution, and this Congress holds insignificant or no actual power.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 20

Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how Libya can improve its electoralfairness score and thereby its electoral fairness.Libyans need to decide what type of political system they wish to exist in. The current politicalsystem under Gaddafi is an authoritarian system (bordering on totalitarian). Under the system, noopposition to the state is permitted. Libyan people have no political freedom. However, thesystem helps to shield or protect the Libyan people from foreign intervention.An alternative system would be a pure democratic system based on liberty, political equality, andelectoral fairness. In this system, the Libyan people would have political freedom, and electedofficials who truly represent the will of the people. Moreover, the strength of the society wouldrest with the people themselves, and thereby provide the most effective defense against foreigninterference and intervention.Ultimately, the Libyan people must decide themselves what their future will be. The FDAbelieves that an authoritarian system is unjustifiable as a means to protect a country from foreignintervention, because a pure democratic system can more effectively protect the country.Therefore, the FDA believes that there is no just cause for an authoritarian system in Libya.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 21

References:The following information was consulted and utilized in this audit report:Carnegie Endowment for International Peace, LibyaDeclaration on the Establishment of the Authority of the People on March 2, 1977Libya Constitution 1969MENA Election Guide: LibyaProhibition of Party Politics Act Number 71 of 1972World Report 2011: Libya (Human Rights Watch)Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 22

AppendixFDA Global Audit Results as of September 9, 2011:Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 23

FDA Global Electoral Fairness Audit Results Overall Electoral Fairness Audit Scores <-- failing range|passing range --> 0% 20% 40% 60% 80% 100% France Venezuela Bolivia Norway New Zealand Finland Lebanon Iraq Denmark Russia Sweden Argentina United States Canada Azerbaijan Mexico Tunisia Cameroon Yemen Bahrain Egypt Iran Libya Saudi Arabia Syria ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 24

FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of political content of the media and broadcasters before, during, and after an election <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% Russia Venezuela France Bolivia Norway Lebanon Iraq Azerbaijan Denmark Finland Sweden United States Canada Argentina Tunisia New Zealand Yemen Bahrain Cameroon Egypt Iran Libya Mexico Saudi Arabia Syria ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 25

FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of candidate and political party influence before, during, and after an election <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% France Venezuela New Zealand Bolivia Norway Finland Lebanon Sweden United States Iraq Azerbaijan Argentina Denmark Russia Canada Mexico Bahrian Cameroon Egypt Iran Libya Saudi Arabia Syria Tunisia Yemen ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 26

FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of electoral (campaign) finance <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% France Venezuela Bolivia New Zealand Finland Norway Argentina Denmark Lebanon Sweden Tunisia Azerbaijan Cameroon Canada Mexico United States Bahrain Egypt Iran Iraq Libya Russia Saudi Arabia Syria Yemen ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 27

FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of voter influence before, during, and after an election <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% France Bolivia Venezuela Argentina Iraq Mexico Canada Denmark Finland New Zealand United States Sweden Lebanon Norway Russia Azerbaijan Bahrain Cameroon Egypt Iran Libya Saudi Arabia Syria Tunisia Yemen ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Libya Page | 28

Libya--2011 FDA Global Electoral Fairness Audit Report

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Libya--2011 FDA Global Electoral Fairness Audit Report — Document Transcript